ML081230138

Vermont Yankee - NRC Staff Motion for Clarification on Filing Schedule

ML081230138
Person / Time
Site:	Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date:	04/30/2008
From:	Subin L NRC/OGC
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
50-271-LR, ASLBP 06-849-03-LR, RAS M-41
Download: ML081230138 (5)

Text

April 30, 2008 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

ENTERGY NUCLEAR VERMONT YANKEE, LLC ) Docket No. 50-271-LR AND ENTERGY NUCLEAR OPERATIONS, INC. )

) ASLBP No. 06-849-03-LR (Vermont Yankee Nuclear Power Station) )

NRC STAFF MOTION FOR CLARIFICATION ON FILING SCHEDULE INTRODUCTION Pursuant to 10 C.F.R. § 2.323(b) the NRC Staff (Staff) hereby requests clarification or extension of the time to file the Staffs Initial Statement of Position, Direct Testimony and Exhibits.1 BACKGROUND On April 29, 2008 New England Coalition (NEC) attempted to file its initial Statement of Position, Direct testimony and Exhibits by both first class mail and e-mail.

Upon review of the documents electronically sent to the parties, the Staff noticed that only the statement and testimony were attached to the electronic mailing and that the exhibits were not provided. NEC counsel subsequently contacted both the Staff and counsel for the Licensee and informed us that per the former version of 10 CFR 2.302(a), which allows filing by e-mail or first class mail, their exhibits filing was all sent by first-class mail on April 28, 2008.

1 In accordance with § 2.323(b), the Staff has consulted with the parties to this proceeding. The parties do not oppose this motion.

DISCUSSION The certificate of service included with the NEC filing certified that electronic copies of the exhibits to the testimony were served electronically on counsel for the parties. That was not the case. The exhibits to the testimony of NECs witnesses were not included with the electronic filing. Counsel for NEC has since filed a corrected certificate of service.

Under the former 10 C.F.R. § 2.306, which applies to this proceeding (the federal register notice for this application occurred prior to October 15, 2007, the effective date of the revised § 2.306),2 if a notice or document is served upon a participant by first-class mail only, five calendar days will be added to the prescribed period for all participants to the proceeding. In this case critical supporting portions of NEC's Initial Position and Testimony (i.e. the experts' reports and support exhibits) were served on the Staff by first-class mail only. Therefore, five calendar days should be added to the 10-day time period prescribed in the Board's November 2006 Scheduling order.

Accordingly, the Staffs Initial Statement of Position, Direct Testimony and Exhibits should be reset to be due not later than May 13, 2008.

2 See Final Rule, Use of Electronic Submissions in Agency Hearings, 72 Fed. Reg. 49139 (Aug. 28, 2007),

CONCLUSION Therefore, the Staff requests a clarifying order or extension setting forth May 13, 2008 as the date of the Staffs filing of its Initial Statement of Position, Direct testimony and Exhibits.

Respectfully submitted,

/RA/

Lloyd B. Subin Counsel for NRC Staff Dated at Rockville, Maryland this 30th day of April, 2008

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

ENTERGY NUCLEAR VERMONT YANKEE, LLC ) Docket No. 50-271-LR AND ENTERGY NUCLEAR OPERATIONS, INC. )

)

(Vermont Yankee Nuclear Power Station) )

CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFF MOTION FOR CLARIFICATION ON FILING SCHEDULE in the above-captioned proceeding have been served on the following by electronic mail with copies by deposit in the NRCs internal mail system or, as indicated by an asterisk, by electronic mail, with copies by U.S. mail, first class, this 30th day of April, 2008.

Alex S. Karlin, Chair Office of the Secretary Administrative Judge Attn: Rulemakings and Adjudications Staff Atomic Safety and Licensing Board Mail Stop: O-16G4 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ask2@nrc.gov E-mail: hearingdocket@nrc.gov William H. Reed* Marcia Carpentier, Esq.

Administrative Judge Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Mail Stop: T-3F23 1819 Edgewood Lane U.S. Nuclear Regulatory Commission Charlottesville, VA 22902 Washington, DC 20555-0001 E-mail: whrcville@embarqmail.com E-mail: mxc7@nrc.gov Richard E. Wardwell Lauren Bregman, Law Clerk Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mail Stop: T-3 F23 Washington, DC 20555-0001 Washington, D.C. 20555-0001 E-mail: rew@nrc.gov E-mail: Lauren.Bregman@nrc.gov Office of Commission Appellate Peter C.L. Roth, Esq*

Adjudication Office of the Attorney General Mail Stop: O-16G4 33 Capitol Street U.S. Nuclear Regulatory Commission Concord, NH 3301 Washington, DC 20555-0001 E-mail: peter.roth@doj.nh.gov E-mail: OCAAmail@nrc.gov

Ronald A. Shems, Esq.* Anthony Z. Roisman, Esq.*

Karen Tyler, Esq. National Legal Scholars Law Firm Shems Dunkiel Kassel & Saunders, PLLC 84 East Thetford Rd.

91 College Street Lyme, NH 03768 Burlington, VT 05401 E-mail: aroisman@nationallegalscholars.com E-mail: rshems@sdkslaw.com Ktyler@sdkslaw.com David R. Lewis, Esq.* Sarah Hofmann, Esq.*

Matias F. Travieso-Diaz, Esq Director of Public Advocacy Elina Teplinsky, Esq Department of Public Service Blake J. Nelson, Esq 112 State Street - Drawer 20 Pillsbury Winthrop Shaw Pittman LLP Montpelier, VT 05620-2601 2300 N Street, NW E-mail: sarah.hofmann@state.vt.us Washington, DC 20037-1128 E-mail: david.lewis@pillsburylaw.com matias.travieso-diaz@pillsburylaw.com elina.teplinsky@pillsburylaw.com blake.nelson@pillsburylaw.com

/RA/

Lloyd B. Subin Counsel for NRC Staff