ML071860166

2007/06/28-Entergy's Motion to Accept Untimely Filing

ML071860166
Person / Time
Site:	Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date:	06/28/2007
From:	Travieso-Diaz M Entergy Nuclear Operations, Entergy Nuclear Vermont Yankee, Pillsbury, Winthrop, Shaw, Pittman, LLP
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
50-271-LR, ASLBP 06-849-03-LR, RAS 13826
Download: ML071860166 (4)

Text

COPY June 28, 2007 UNITED STATES OF AMERICA DOCKETED USNRC NUCLEAR REGULATORY COMMISSION June 28, 2007 (5:20prm)

Before the Atomic Safety and Licensing Board OFFICE OF SECRETARY RULEMAKINGS AND In the Matter of ) ADJUDICATIONS STAFF

)

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) )

ENTERGY'S MOTION TO ACCEPT UNTIMELY FILING Pursuant to 10 C.F.R. §2.323(b), Applicants Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc. (collectively "Entergy") move the Atomic Safety and Licensing Board ("Board") in this proceeding to accept Entergy's "Response in Opposition to New England Coalition's Motion to Withhold Decision" ("Response") which was filed by Entergy earlier today. Such a response was filed two days late, since the Board had directed at the oral prehearing conference held on June 12, 2007 that responses to any motion filed by NEC to hold the Board's decision on Entergy's Motion for Summary Disposition of New England Coalition Contention 3 in abeyance were due seven days after the filing of such motion, instead of the ten day response time provided in 10 C.F.R. §2.323(c). See Tr. 559. NEC filed its motion to withhold the Board's decision on June 19, 2007. Therefore, Entergy's response was due on June 26, 2007.

Entergy's failure to file its Response on time was due to an oversight of counsel in failing to refer to the transcript of the prehearing conference for the required response date, for which we apologize. No prejudice to any party should result from this oversight since our delay in A- -r C  :&CS c --.

filing was very short and there is no pending action by any party that would be adversely affected by the delayed filing.

Pursuant to 10 C.F.R. § 2.323(b), Entergy sought to consult with the other parties in connection with this motion. NEC and the Staff do not object to the motion; we have not been able to contact the Vermont Department of Public Service with regard to it.

For the above described reasons, Entergy's motion to accept its untimely Response should be granted.

Respectfully Submitted, David R. Lewis Matias F. Travieso-Diaz PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, N.W.

Washington, DC 20037-1128 Tel. (202) 663-8000 Counsel for Entergy Dated: June 28, 2007 2

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 hereby certify that copies of"Entergy's Motion to Accept Untimely Filing" dated June 28, 2007, were served on the persons listed below by deposit in the U.S. Mail, first class, postage prepaid, or with respect to Judge Elleman by overnight mail, and where indicated by an asterisk by electronic mail, this 28thth day of June, 2007.

• Administrative Judge *Administrative Judge Alex S. Karlin, Esq., Chairman Dr. Richard E. Wardwell Atomic Safety and Licensing Board Atomic Safety and Licensing Board Mail Stop T-3 F23 Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 ask2@nrc.gov rew@nrc.gov

• Administrative Judge

• Secretary Dr. Thomas S. Elleman Att'n: Rulemakings and Adjudications Staff Atomic Safety and Licensing Board Mail Stop 0-16 C1 5207 Creedmoor Road, #101, U.S. Nuclear Regulatory Commission Raleigh, NC 27612. Washington, D.C. 20555-0001 tseC&nrc.gov; ellemangeos.ncsu.edu secy@nrc.gov, hearingdocket(anrc. gov

Office of Commission Appellate Adjudication Atomic Safety and Licensing Board Mail Stop 0-16 C1 Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001

• Mitzi A. Young, Esq. *Sarah Hofmann, Esq.

• Mary C. Baty, Esq. Director of Public Advocacy Office of the General Counsel Department of Public Service Mail Stop 0-15 D21 112 State Street - Drawer 20 U.S. Nuclear Regulatory Commission Montpelier, VT 05620-2601 Washington, D.C. 20555-0001 mayv(Dnrc.gov; Sarah.hofmannAstate.vt.us mcbl @nrc.gov

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

National Legal Scholars Law Finn *Karen Tyler, Esq.

84 East Thetford Road Shems, Dunkiel, Kassel & Saunders, PLLC Lyme, NH 03768 91 College Street aroisman nationallealscholars.com Burlington, VT 05401 rshems@sdkslaw.com ktyler@sdkslaw.com

• Peter C. L. Roth, Esq. *Marcia Carpentier, Esq.

Senior Assistant Attorney General Law Clerk State of New Hampshire Atomic Safety and Licensing Board Panel Office of the Attorney General Mail Stop: T-3F23 33 Capitol Street U.S. Nuclear Regulatory Commission Concord, NH 03301 Washington, DC 20555-0001 Peter.Roth@doi.nh.gov mxc7@nrc.gov Matias F. Travieso-Diaz 2