ML090050254

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Motion for Leave and Brief Amicus Curiae on Parties in the Matter of Entergy Nuclear Vermont Yankee, and Entergy Nuclear Operations in Reliance Upon Certificate of Service List from NRC Staff'S Petition for Review Dated December 9, 2008
ML090050254
Person / Time
Site: Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date: 12/23/2008
From: Jeremy Dean
State of NY, Office of the Attorney General
To:
NRC/SECY/RAS
SECY RAS
References
06-849-03-LR, 50-271-LR, RAS M-386
Download: ML090050254 (5)


Text

-AS DOCKETED USNRC December 23, 2008 (2:21pm)

OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF STATE OF NEW YORK OFFICE OF THE ATrORNEY GENERAL ANDREW M. CUOMO DIVISION OF SOCIAL JUSTICE Aftorney General Environmental Protection Bureau Writer Direct: (212) 416-8459 Office of the Secretary Attn: Rulemakings and Adjudications Staff Mail Stop: O-16G4 U.S. Nuclear Regulatory Commission

'Washington, DC 20555-0001 December 23, 2008

Dear Secretary:

On Friday, December 19, 2008, I served a motion for leave and brief amicus curiae on parties inthe Matter of Entergy Nuclear Vermont Yankee, L.L.C., and Entergy Nuclear Operations, Inc., Docket No. 50-271-LR, in reliance upon the certificate of service'list from the NRC Staffs Petition for Review dated December 9, 2008. I submitted a declaration of service to the Hearing Docket by electronic and hard copy mail.

It subsequently came to my attention that three email addresses were listed incorrectly on Staffs Petition for Review. Yesterday, upon learning of this error, I sent the motion for leave and brief amicus curiae to these three recipients at their correct email addresses. A supplemental declaration of service is attached for docketing and hag been sent via electronic mail to hearingdocketanrc.gov as well.

Thank you very much.

Respectfully submitted,

.Dean Assistant Attorney General 120-Broadway, 26th Fl. New York, N.Y. 10271-0332

  • Phone (212) 416-8446 0 Fax (212) 416-6007

-gS_o3

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION


7----------------- x In the Matter of ENTERGY NUCLEAR<VERMONT YANKEE, L.L.C., and ENTERGY NUCLEAR Docket No. 50-271-LR OPERATIONS, INC.

(Vermont Yankee Nuclear Power Station)


x SUPPLEMENTAL DECLARATION OF SERVICE Pursuant to 28 U.S.C. § 1746, Janice A. Dean hereby declares upon penalty of perjury that:

1. I am over 18 years old and am an employee of the Office of the Attorney General for the State of New York, counsel for the amicus State of New York.
2. On December 19, 2008, Iforwarded the attached motion for leave and brief amicus curiae to the following judges, law clerk, offices, oiganizations, attorneys, and/or other individuals at the e-mail and street addresses that follow via.electronic and regular United States Mail. I also served this Declaration of Service on the Secretary's office via regular United States Mail.

Alex S. Karlin, Chair Administrative Judge Atomic Safety and Licensing -Board U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-Mail: ask2@dnrc.gov William H. Reed Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-Mail: whrcville(naiembarqmail.com' Declaration of Service

Richard E. Wardwell Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-Mail: rewpnrc.gov Office of the Secretary Attn: Rulemakings and Adjudications Staff Mail Stop: O-16G4 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-Mail: hearingdocket(anrc. gov Zachary Kahn, ASLB Law Clerk Atomic Safety and Licensing Board Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-Mail: Zacharv.Kahnanrc. gov Office of Commission Appellate Adjudication Mail Stop: O-16G4 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-Mail: OCAmail 2crnrc.gov Mary Baty, Esq.

.Lloyd Subin, Esq.

Jessica A. Bielecki, Esq.

Susan L. Uttal, Esq.

Office of the General Counsel Mail Stop O-1.5-D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 LBS3,.nrc.gov mcb 1I nrc.Rov iessica.bieleckianrc.fgov susan.uttalmnrc. gov David R. Lewis, Esq.

Matias F. Travieso-Diaz, Esq.

Declaration of Service

Elina Teplinsky, Esq.

Blake J. Nelson, Esq.

Pillsbury Winthrop Shaw Pittman LLP 2300 N Street, NW Washington, DC 20037-1128 E-Mail: david.lewisgpillsburylaw.com matias.traviesod-iaza,,pillsburylaw. com elina.teplinsky@pillsburylaw.com blake.nelsongpillsburylaw.com (for applicant Entergy)

Sarah Hoffman, Esq.

Director of Public Advocacy Department of Public Service 112 State Street - Drawer 20 Montpelier, VT 05620-2601 E-mail: sarah.hoffman(ý,state.vt.us Anthony Z. Roisman, Esq.

National Legal Scholars Law Firm 84 East Thetford Road Lyme, NH 03768 E-mail: aroisman(anationallegalscholars.com Peter C.L. Roth, Assistant Attorney General Office of the Attorney General 33 Capitol Street Concord, NH 03301 E-mail: peter.rothgdoj jnh.gov Matthew Brock Assistant Attorney General Environmental Protection Division Office of the Attorney General One Ashburton Place, 18 th Floor Boston, MA 02108 E-mail: matthew.brock(aago.state.ma.us Raymond Shadis 37 Shadis Road PO Box 98 Edgecomb, ME 04556 E-Mail: shadis(oprexar.com Declaration of Service

(for intervenor New England Coalition)

3. On Friday, December 19, 2008-it came to my attention that the email I sent to Sarah Hofmann was returned as undeliverable because I had spelled her email address incorrectly. This is because it was typed incorrectly on the NRC Staffs certificate of service of its Petition for Review, which I used as the service list for the motion for leave and brief amici curiae.
4. On Friday, December 19, 2008, I forwarded the motion for leave and brief amici curiae to Ms. Hofmann at her correct email address, which is Sarah.Hofmann@state.vt.us.
5. On Monday, December 22, 2008, it came to my attention that two other of the above-listed electronic mail addresses were also incorrect. This was again because the email addresses listed on the NRC Staff s certificate of service were incorrect.
6. On Monday, December 22, 2008, I sent an electronic version of the motion for leave and brief amici curiae to the following two recipients, at the below corrected email addresses:

Matias Travieso-Diaz matias.travieso-diaz(Zipillsb-rfylaw.com Office of Commission Appellate Adjudication OCAAmail@(nrc.gov Executed on:

December 23, 2008 New York, New York (Ja ice A. Dean fice of the Attorney General State of New York 120 Broadway New'York, New York 10271

  • (212) 416-8459 Janice.Deana0ag. state.nv.us Declaration of Service