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Category:Legal-Motion
MONTHYEARML18348A9852018-12-14014 December 2018
New England Coalition'S Withdrawal of Its Request for a Hearing and Petition for Leave to Intervene
ML18071A4142018-03-12012 March 2018
Amended Motion to Hold in Abeyance Action on New England Coalition'S Petition for Leave to Intervene and Hearing Request in Consideration of Anticipated Withdrawal
ML17164A2682017-06-13013 June 2017
Attachment Two - Five E-mails Tracing Efforts on June 9, 2017 to File a Request for an Extension of Time
ML17164A2382017-06-13013 June 2017
Resubmitted Request for Extension of Time to File Request for Hearing and Petition for Leave to Intervene
ML17164A2392017-06-13013 June 2017
Request for Leave to Reply and Reply to Applicants' Response to New England Coalition'S Request for Extension
ML16005A6232016-01-0505 January 2016
Unopposed Motion by the States for an Enlargement of Time to File an Answer to Entergy Motion to Strike the States Reply
ML15362A5192015-12-28028 December 2015
Entergy Motion to Strike Impermissible December 17, 2015 Reply Filed by the Commonwealth of Massachusetts and the States of Connecticut and New Hampshire
ML15362A4902015-12-28028 December 2015
Motion to Strike Portions of December 17, 2015, Reply Filed by the State of Vermont, Vermont Yankee Nuclear Power Corporation, and Green Mountain Power Corporation
ML15299A2602015-10-26026 October 2015
NRC Staff Motion to Vacate LBP-15-24
ML15286A4422015-10-13013 October 2015
Entergy Motion for Leave to File Reply and Reply Re Motion to Withdraw LAR
ML15275A3222015-10-0202 October 2015
Staff Answer to Motion to Withdraw
ML15271A3112015-09-23023 September 2015
Federal Respondents' Motion for Extension of Time to File Dispositive Motions and Certified Index 9-23-15
ML15265A5832015-09-22022 September 2015
Entergy'S Motion to Withdraw Its September 4, 2014 License Amendment Request
ML15265A5862015-09-22022 September 2015
Entergy'S Unopposed Motion to Extend the Time to Appeal LBP-15-24
ML15260B2782015-09-17017 September 2015
Joint Motion on Mandatory Disclosures and Schedule
ML15201A1752015-07-20020 July 2015
Joint Proposed Corrections to Oral Argument Transcript Held on July 7, 2015
ML15072A4622015-03-13013 March 2015
Entergy Answer Opposing State of Vermont'S Motion to Stay the License Amendment Proceeding Pending Commission Reconsideration
ML14352A2082014-12-18018 December 2014
NRC Staff Answer to State of Vermont'S Submission of Additional Information and Request to File Supplemental Briefing Addressing New Information and Argument Raised at Oral Argument
ML12088A0852012-03-15015 March 2012
Fed Respondents Opposition to Motion to Strike No.11-1168 and 11-1177 (Consolidated)
ML12067A0892012-03-0707 March 2012
State of Vermont Motion to Strike, Petitioners' Motion to Strike Four Extra-Record References Contained in Respondents' Recently Filed Amended Certified Index of the Record and in Respondents' and Interveners Briefs
ML12066A1772012-03-0606 March 2012
Petitioners Motion to Strike Amended Cert 11-1168
ML1107703932011-03-10010 March 2011
Motion to Stay Any and All Final Commission Decisions in the Matter of 50-271 Lr and Request for Hearing on Entergy License Renewal Application Amendments
Information Notice 2010-26, New England Coalition'S Motion for Leave to Reply to NRC Staff'S Objection to Nec'S Notification of Information Notice 2010-26 and Entergy'S Response to the Supplement to Nec'S Petition for Commission Review2010-12-30030 December 2010
New England Coalition'S Motion for Leave to Reply to NRC Staff'S Objection to Nec'S Notification of Information Notice 2010-26 and Entergy'S Response to the Supplement to Nec'S Petition for Commission Review of LBP-10-19
Information Notice 2010-26, New England Coalition'S Motion for Leave to Reply to NRC Staff'S Objection to Nec'S Notification of Information Notice 2010-26 and Entergy'S Response to the Supplement to Nec'S Petition for Commission Review of LBP-10-2010-12-30030 December 2010
New England Coalition'S Motion for Leave to Reply to NRC Staff'S Objection to Nec'S Notification of Information Notice 2010-26 and Entergy'S Response to the Supplement to Nec'S Petition for Commission Review of LBP-10-19
ML1027204012010-09-23023 September 2010
Entergy'S Motion to Strike the Declaration of Paul Blanch
ML1025800092010-09-14014 September 2010
NRC Staff'S Opposition to New England Coalition'S Motion to Reopen the Hearing and Answer to Proposed New Contention and Affidavit of Roy K. Mathew
ML1024200422010-08-20020 August 2010
New England Coalition'S Motion to Reopen the Hearing and for the Admission of New Contentions
ML1006304252010-03-0202 March 2010
New England Coalition'S Petition for Review of Licensing Board'S Full Initial Decision
ML0921509462009-08-0303 August 2009
NRC Staff'S Answer to Nec'S Petition for Review of the Licensing Board'S Full Initial Decision, LBP-09-09
ML0917405782009-06-15015 June 2009
New England Coalition'S Request for Leave to Reply to Entergy'S Answer to Nec'S Request for Extension of Time to Reply to Entergy NRC Staff Oppositions to New England Coalition'S Motion for Leave to File a Timely New Contention
ML0916702672009-06-10010 June 2009
Entergy'S Oppositions to Nec'S Request for an Ex-Post-Facto Extension of Time to File a Reply to the NRC Staff and Entergy'S Oppositions to Nec'S Motion to File a Timely New Contention
ML0916000212009-06-0808 June 2009
Vermont Yankee - NRC Staff'S Answer to Entergy'S Motion to Strike New England Coalition'S Reply to NRC Staff Entergy Oppositions to Nec'S Motion to File a Timely New Contention
ML0916101422009-06-0202 June 2009
Entergy'S Motion to Strike New England Coalition'S Reply to NRC Staff and Entergy Oppositions to Nec'S Motion to File a Timely New Contention
ML0913907852009-05-19019 May 2009
Vermont Yankee - NRC Staff'S Answer in Opposition to Nec'S Motion for Leave to File a New Contention
ML0912100122009-04-30030 April 2009
NRC Staff'S Answer in Opposition to NEC Motion to Hold in Abeyance Action on Proposed Contention Until Issuance of NRC Staff Supplemental Safety Evaluation Report
ML0912005142009-04-24024 April 2009
New England Coalition, Inc.'S Motion for Leave to File a Timely New Contention and Motion to Hold in Abeyance Action on This Proposed Contention Until Issuance of NRC Staff Supplemental Safety Evaluation Report
ML0906800032009-03-0606 March 2009
Oyster Creek - Notice of Appearance of Maxwell Smith and Notice of Withdrawal of Mary Baty
ML0906800082009-03-0606 March 2009
Vermont Yankee - Notice of Appearance of Maxwell Smith and Notice of Withdrawal of Mary Baty
ML0907711412009-03-0606 March 2009
New England Coalition'S Motion to Alter or Amend the Schedule in the Above Captioned Proceeding
ML0902601102009-01-26026 January 2009
Vermont Yankee - NRC Staff'S Answer in Opposition to Nec'S Motion for Leave to Reply
ML0903501142009-01-25025 January 2009
Vermont Department of Public Service Unopposed Motion for Extension of Time to Respond to Energy'S Confirmatory Cufen Analyses
ML0903606582009-01-23023 January 2009
Entergy'S Opposition to New England Coalition'S Motion for Leave to Reply
ML0903001122009-01-14014 January 2009
New England Coalition'S Motion for Leave to Reply to NRC Staff and Entergy Nuclear Vermont Yankee, L.L.C., and Entergy Nuclear Operations, Inc.'S Answers to New England Coalition'S Motion for Reconsideration of the Licensing Board'S Partial
ML0900800242009-01-0707 January 2009
Vermont Yankee - NRC Staff'S Answer in Opposition to New England Coalition'S Motion for Reconsideration and Notice of Withdrawal of Jessica Bielecki
ML0835900532008-12-23023 December 2008
Vermont Yankee - NRC Staff'S Reply to Nec'S Answer to NRC Staff'S Petition for Review of LBP-08-25
ML0835900722008-12-23023 December 2008
Vermont Yankee - NRC Staff'S Reply to Motion to Submit Brief Amicus Curiae
ML0900202572008-12-19019 December 2008
Motion for Leave by the States of New York and Connecticut, Et. Al., to Submit Brief Amici Curiae in Opposition to Staff'S Petition for Review and in Support of Intervenors State of Vermont and the New England Coalition
ML0901603582008-12-17017 December 2008
New England Coalition'S Motion for Reconsideration of the Licensing Board'S Partial Initial Decision
ML0836593462008-12-15015 December 2008
New England Coalition, Inc.'S Motion for a Second Extension of Time in Which to File a Motion for Reconsideration
ML0835304522008-12-12012 December 2008
the State of New York, V USNRC and Entergy Nuclear Operations Inc; 08-3903-ag(L)/08-4833-ag(CON) - Motion Out of Time
2018-03-12
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Text
DOCKETED USNRC December 3, 2008 (9:38am)
UNITED STATES OFFICE OF SECRETARY
-NUCLEAR REGULATORY COMMISSION RULEMAKINGS AND ADJUDICATIONS STAFF 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. ) ASLB No. 06-849-03-LR
)
(Vermont Yankee Nuclear Power Station) )
NEW ENGLAND COALITION, INC.'S (NEC) MOTION TO EXTEND TIME TO FILE MOTION FOR RECONSIDERATION Pursuant to 10 C.F.R. §§ 2.307, 2.323, and 2.332(b), and the Board's Initial Scheduling Order ¶ 9, New England Coalition, Inc. (NEC) moves to extend the deadline for its intended Motion for Reconsideration of the Atomic Safety and Licensing Board's
("the Board") Partial Initial Decision (Ruling on Contentions 2A, 2B, 3, and 4), issued November 24, 2008. Pursuant to 10 CFR § 2.323(e), the deadline for NEC's Motion for Reconsideration is December 4, 2008. NEC requests extension of this deadline to December 15, 2008.
Pursuant to 10 CFR §2.323(c), a December 15, 2008 deadline for NEC's Motion for Reconsideration would result in a December 25, 2008 deadline for other parties' answers to NEC's motion. To avoid prejudice to other parties that might result from a Christmas Day filing deadline, NEC also proposes that the Board extend the deadline for answers to NEC's Motion for Reconsideration by ten days to January 5, 2008.
NEC requires an extension of the deadline for its Motion for Reconsideration for several good reasons. NEC lost time in reviewing the Board's voluminous Order because it was issued on Monday of the week of the Thanksgiving holiday. NEC's Counsel was
on vacation at this time (from November 21-30), and unavailable to assist NEC in reviewing the Order until Monday,. December 1. NEC's technical consulfants were also traveling or otherwise unavailable for consultation regarding the factual findings in the Order. In addition, due to resource constraints NEC will be represented by pro-se counsel for the remainder of this proceeding. Pro-se counsel will file notice of appearance and current counsel will withdraw shortly. Additional time is needed to allow for this transition - ie, for transfer of the case files and for pro-se counsel to come up to speed.
In light of the above-described circumstances, the brief extension NEC requests is reasonable. It is also appropriate under 10 C.F.R. § 2.332(b). The Board's Order is 154 pages long and decided three Contentions, each involving complex issues and the evaluation of extensive evidence. NEC needs more than a few days to fully review the Order, confer with its consultants, and develop its motion for reconsideration. To deny NEC sufficient time at this point in the proceeding would be contrary to the NRC's interest in the fair resolution of NEC's Contentions. Given that the Order requires that Entergy complete additional CUFen analyses and holds the record open for 45 days after the date these analyses are made available to the parties and approved by the NRC, NEC's request for a brief extension of time in which to file a Motion for Reconsideration will not delay the proceeding and can be granted consistent with the NRC's interest in expeditious resolution. See, Order at 67.
NEC has consulted or attempted to consult with all the parties concerning this motion. The State of Massachusetts is not opposed. The NRC Staff is not opposed to the requested extension of NEC's deadline to file its Motion for Reconsideration provided 2
the Board also grants a commensurate extension of the other parties' deadline to answer NEC's motion, as NEC has requested. Entergy could not take a position without knowing specific details of the substance of NEC's intended motion that NEC's counsel was unable to provide. The States of Vermont and New Hampshire did not respond.
WHEREFORE, NEC respectfully requests that the Board extend the deadline for NEC's Motion for Reconsideration of the Board's Partial Initial Decision (Ruling on Contentions 2A, 2B, 3 and 4) to December 15, 2008, and extend the deadline for all other parties to answer this motion to January 5, 2008.
December 3, 2008 New England Coalition, Inc.
by: Cv4.
Karen Tyler Andrew Raubvogelt SHEMS DUNKIEL KASSEL & SAUNDERS PLLC Attorneys for NEC 3
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) )
CERTIFICATE OF SERVICE I, Clara Cavitt, hereby certify that copies of NEW ENGLAND COALITION, INC.'S (NEC) MOTION TO EXTEND TIME TO FILE MOTION FOR RECONSIDERATION in the above-captioned proceeding were served on the persons listed below, by U.S. Mail, first class, postage prepaid; and, where indicated by an e-mail address below, by electronic mail, on the 3rd of December, 2008.
Administrative Judge Office of the Secretary Alex S. Karlin, Esq., Chair Attn: Rulemaking and Adjudications Staff Atomic Safety and Licensing Board Mail Stop: O-16C1 Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: hearingdocket6ýnrc.gov E-mail: ask2@nrc.gov Sarah Hofmann, Esq.
Administrative Judge Director of Public Advocacy William H. Reed Department of Public Service 1819 Edgewood Lane 112 State Street, Drawer 20 Charlottesville, VA 22902 Montpelier, VT 05620-2601 E-mail: whrcville(@embarqmail.com E-mail: sarah.hofmannastate.vt.us Office of Commission Appellate Adjudication Lloyd B. Subin, Esq.
Mail Stop: O-16C1 Mary C. Baty, Esq.
U.S. Nuclear Regulatory Commission Susan L. Uttal, Esq.
Washington, DC 20555-0001 Jessica A. Bielecki, Esq.
E-mail: OCAAmail@nrc.gov Office of the General Counsel Mail Stop 0-15 D21 Administrative Judge U.S. Nuclear Regulatory Commission Dr. Richard E. Wardwell Washington, DC 20555-0001 Atomic Safety and Licensing Board Panel E-mail: lbs3@nrc.gov; _mcbl @nrc..gov; Mail Stop T-3 F23 susan.uttal(2Znrc.Pgov iessica.bielecki(*inrc.2ov U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Anthony Z. Roisman, Esq.
E-mail: rew(anrc.gov National Legal Scholars Law Firm 84 East Thetford Road Lyme, NH 03768 E-mail: aroismanenationallegalscholars.com
Zachary Kahn David R. Lewis, Esq.
Atomic Safety and Licensing Board Panel Matias F. Travieso-Diaz Mail Stop T-3 F23 Pillsbury Winthrop Shaw Pittman LLP U.S. Nuclear Regulatory Commission 2300 N Street NW Washington, DC 20555-0001 Washington, DC 20037-1128 E-mail: zachary.kahn(@nrc.gov E-mail: david.lewis(Epillsburylaw.com matias.travieso-diaz@pillsburylaw.com Peter C. L. Roth,-Esq.
Office of the Attorney General Matthew Brock 33 Capitol Street Assistant Attorney General Concord, NH 03301 Environmental Protection Division E-mail: Peter.roth@doj.nh.gov Office of the Attorney General One Ashburton Place, 18th Floor Boston, MA 02108 E-mail: Matthew.Brock(state.ma.us by: (1egw:
Clara Cavitt, Administrative Assistant SHEMS DUNKIEL KASSEL & SAUNDERS PLLC
