ML15055A276

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Affidavit of Aaron Kisicki Regarding the Late Electronic Filing of the State of Vermont'S February 23, 2015 Notice of Appeal and Supporting Brief
ML15055A276
Person / Time
Site: Vermont Yankee Entergy icon.png
Issue date: 02/24/2015
From: Kisicki A
State of VT, Dept of Public Service
To:
Atomic Safety and Licensing Board Panel
SECY RAS
References
50-271-LA, ASLBP 15-934-01-LA- BD01, RAS 27290
Download: ML15055A276 (2)


Text

LINITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

) Docket No. 50-271-LA ENTERGY NUCLEAR VERMONT )

YANKEE, LLC AND ENTERGY ) ASLBP No. 1 5-934-01-LA-8D01 NUCLEAR OPERATIONS, INC. )

) February 24,2015 (Vermont Yankee Nuclear Power Station) )

AFFIDAVIT OF AARON KISICKI REGARDING THE LATE ELECTRONIC FILING OF THE STATE OF VERMONT'S F'E,BRUARY 2?.2015 NOTICE OF PPEAI, AND SUPPOR G BRIEF Affiant, Aaron Kisicki, swears and afhrms that under the penalty of perjury the following is true and accurate to the best of his knowledge:

Affiant was issued an electronic filing certificate from the U.S. Nuclear Regulatory Commission

("NRC") on or about September 24,20l4,enabling electronic submission of adjudicatory documents on the NRC Electronic Information Exchange ("EIE") as required by 10 CFR $

2.302. Afhant has since made multiple filings on the EIE without problem.

Affiant was issued a new worlace computer during the week of February 16,2015 At approximately 9:45a.m. on February 23,20l5,Affiant telephoned the EIE Help Desk seeking guidance for proper changes necessary to the new computer to enable EIE submission capabilities. Affiant was helped by EIE Help Desk staff person Deborah Davidson, who provided helpful and friendly assistance. The call ended after Ms. Davidson confirmed to Affiant that the computer was properly configured to enable EIE submissions. Affiant made no changes to the computer settings after the call with Ms. Davidson.

Aff,rant faced an 11:59p.m., February 23,2015 deadline for frling a notice of appeal and supporting brief via EIE in the above-captioned proceeding' At approximately 11 :30p.m., February 23,2015, Affiant attempted to submit the notice of appeal and supporting brief to the NRC via EIE. Affiant was confronted by an electronic error message early in the filing process, stating that Affiant's web browser was not compatible with EIE, and was not allowed to continue the hling process.

I

At 11 :47p.m.,February 23,2015, Affrant sent copies of the filings via email to James Kim, Beth Mizuno, Esq. and Jeremy V/achutka, Esq. of the NRC Staff, and to Susan Raimo, Esq. of Entergy. Affrant wanted to ensure that those representing the parties in this proceeding would not be prejudiced in any way by the technical problems beyond Affiant's control.

At approximately 10:30a.m., February 24,2015, Afhant telephoned the EIE Help Desk for assistance with finding a solution to the EIE problem. Ivan of the EIE Help Desk quickly identifred the source of the problem and directed Affrant to the solution. Affiant's computer now has proper EIE filing capabilities Affiant also spoke with Don Frye of the EIE Help Desk to' discuss best steps going forward to resolve the timeliness issue associated with the February 23, 2015 hlings.

Affiant was later counseled by the NRC Office of the Secretary to file the documents via EIE as soon as possible, along with this affidavit.

Respectfully submitted,

/Signed (electronicallv) by/

Aaron Kisicki Counsel for the State of Vermont Vermont Department of Public Service 112 State Street - Drawer 20 Montpelier, VT 05620 (802) 828-378s aaron. kisicki @state. vt. us Dated at Montpelier, Vermont This 24rdday of February,2015 N o\o, 2