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| | number = ML071860166 | | | number = ML071860166 |
| | issue date = 06/28/2007 | | | issue date = 06/28/2007 |
| | title = 2007/06/28-Entergy's Motion to Accept Untimely Filing | | | title = Entergy'S Motion to Accept Untimely Filing |
| | author name = Travieso-Diaz M | | | author name = Travieso-Diaz M |
| | author affiliation = Entergy Nuclear Operations, Inc, Entergy Nuclear Vermont Yankee, LLC, Pillsbury, Winthrop, Shaw, Pittman, LLP | | | author affiliation = Entergy Nuclear Operations, Inc, Entergy Nuclear Vermont Yankee, LLC, Pillsbury, Winthrop, Shaw, Pittman, LLP |
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Category:Legal-Motion
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Staff Answer to Motion to Withdraw
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Federal Respondents' Motion for Extension of Time to File Dispositive Motions and Certified Index 9-23-15
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Entergy'S Motion to Withdraw Its September 4, 2014 License Amendment Request
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Joint Motion on Mandatory Disclosures and Schedule
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Petitioners Motion to Strike Amended Cert 11-1168
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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
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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
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New England Coalition'S Motion to Reopen the Hearing and for the Admission of New Contentions
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NRC Staff'S Answer to Nec'S Petition for Review of the Licensing Board'S Full Initial Decision, LBP-09-09
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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
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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
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Vermont Yankee - NRC Staff'S Answer in Opposition to Nec'S Motion for Leave to File a New Contention
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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
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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
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Vermont Yankee - Notice of Appearance of Maxwell Smith and Notice of Withdrawal of Mary Baty
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New England Coalition'S Motion to Alter or Amend the Schedule in the Above Captioned Proceeding
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Vermont Yankee - NRC Staff'S Answer in Opposition to Nec'S Motion for Leave to Reply
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Vermont Department of Public Service Unopposed Motion for Extension of Time to Respond to Energy'S Confirmatory Cufen Analyses
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Entergy'S Opposition to New England Coalition'S Motion for Leave to Reply
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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
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Vermont Yankee - NRC Staff'S Answer in Opposition to New England Coalition'S Motion for Reconsideration and Notice of Withdrawal of Jessica Bielecki
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Vermont Yankee - NRC Staff'S Reply to Motion to Submit Brief Amicus Curiae
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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
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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
[Table view] |
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
- 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
