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| | number = ML070310135 | | | number = ML070310135 |
| | issue date = 01/24/2007 | | | issue date = 01/24/2007 |
| | title = 2007/01/24-New England Coalition, Inc.'S (NEC) Opposition to Entergy'S Motion to Stay Nec'S Motion to Compel, and Objection to Board Order Granting Such Motion | | | title = New England Coalition, Inc.'S (NEC) Opposition to Entergy'S Motion to Stay Nec'S Motion to Compel, and Objection to Board Order Granting Such Motion |
| | author name = Tyler K | | | author name = Tyler K |
| | author affiliation = New England Coalition, Inc, Shems, Dunkiel, Kassel, & Saunders, PLLC | | | author affiliation = New England Coalition, Inc, Shems, Dunkiel, Kassel, & Saunders, PLLC |
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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
[Table view] |
Text
'HAS DOCKETED USNRC UNITD STTESJanuary 25, 2007 (7:50amn)
NUCLEAR REGULATORY COMMISSION OFFICE OF SECRETARY RULEMAKINGS AND.
Before the Atomic Safety and Licensing Board ADJUDICATIONS STAFF 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) OPPOSITION TO ENTERGY'S MOTION TO STAY NEC'S MOTION TO COMPEL. AND OBJECTION TO BOARD ORDER GRANTING SUCH MOTION Pursuant to 10 C.F.R. § 2.323(c), New England Coalition, Inc. (NEC) opposes the motion of Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.
("Entetigy") to stay proceedings related to NEC's January 16, 2007 Motion io Compel.
NEC seeks disclosure of documents and data relevant to NEC's Contention 1. NEC further objects to the Board's Order of January 23, 2007, granting Entergy's. Motion to Stay before the deadline for NEC's opposition to this motion,1 and without considering NEC's opposition and common-sense approach to this issue.
It is possible, if not likely, that the Commission will not decide Entergy's interlocutory appeal of NEC's Contention 1 until several months from now. It is also possible, and NEC anticipates,: that the Commission (or the Court of Appeals) will uphold, Contention l's admission. Without a change in the schedule that either stays all proceedings, or sets Contention I on a separate and significantly delayed schedule, this Stay is highly prejudicial to NEC. Entergy is inappropriately withholding hundreds, of documents and a large amount of data. Time for NEC to review and evaluate this
'Entergy filed its Motion to Stay on January 18, 2007. Pursuant to 10 C.F.R. § 2.323(c), the deadline for NTEC's opposition to this motion was January 29, 2007. NEC's counsel did not receive notice that the Board had established a different deadline for NEC's opposition.
Te~mtaf.=Sa~fs/-0A11,
enormous amount of information prior to the deadlines for (1) summary disposition, (2)
- final witness lists, (3) statements of position, etc. is now unfairly curtailed.2 In sum, this stay is likely to require either two sets of hearings - a wasteful and unnecessary endeavor -- or a complete stay of proceedings. Neither alternative. makes sense. NEC suggests. (and. offered to Entergy during mutual efforts to resolve this issue)
- thatproceedings on Contention 1 be stayed after Entergy's production of all non-privileged documents. NEC can. then engage exp-erts as necessary to assess this information and commence preparation with minimal, if any,, disruption to the, established schedule in the event, that Contention I's ad mission is upheld.
-January 24, 2007 New England Coalition by: A1 Ronald A. Shems Karen Tyler SHEMS DUNKIEL KASSEL & SAUNDERS PLLC For the firm Attorneys for NEC 2Moreover, based on Entergy' s practice to date, NEC may find it necessary to file additional motions to compel concerning Entergy's supplemental disclosures between now and issuance of the Commission's decision. Entergy has produced hundreds of pages of privilege logs with each of its supplemental disclosures.
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 the NEW ENGLAND'COALITION, INC'S_
OPPOSITION TO ENTERGY'S MOTION TO STAY NEC'S MOTION TO COMPEL, AND OBJECTION TO BOARD ORDER GRANTTNG SUCH MOTION in the above-captioned proceeding were served on the persons listed below, by U.S. Mail, first class, postage prepaid; by Fed Ex overnight to Judge Elleman; and,:where indicated by an e-mail address below, by electronic mail, on the 24th day of January, 2007.
Administrative Judge Office of the Secretary Alex S. Karlin, Esq., Chair Attn: Rulemaking and Adjudications Staff Atomic Safety and Licensing Board Mail Stop: 0-16CI Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear, Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-000.1 E-mail: hearingdocket~dinrc.gov E-mail: ask2p2lnrc.azov Sarah Hofmnann, Esq.
Administrative Judge *Director of Public Advocacy Thomas S.* Elleman Department of Public Service Atomic Safety and Licensing Board Panel 112 State Street, Drawer 20 5207 Creedmoor Road, #101 Montpelier, VT 05620-2601 Raleigh, NC 27612 E-mail: sarah.hofmann~dstate.vt.us E-mail: ellemari~eos.ncsu.edu Mitzi A. Young, Esq.
Office of Commission Appellate.Adjudicat~ion Steven C. Hamrick, Esq.
Mail Stop: 0-16C1 Office of the General Counsel U.S. Nuclear Regulatory Comimission Mail Stop 0-15 D21 Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission E-mail: OCAAmail(inrc.gov Washington, DC 20555-000 1 E-mail: may(-nrc.gov; schl (.nrc.gov Administrative Judge Dr. Richard E. Wardwell Atomic Safety and Licensing Board Panel Marcia Carpentier, Esq.
Mail Stop T-3 F23 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail -Stop T-3 F23 Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission E-mail: rew(knrc.gov Washington, DC 20555-000 1 E-mail mxc7(dnrc.gov; Jmr3@.nrc.2ov
I.
- E-mail: david.lewis(~pillsburvlaw.com Anthony Z. Roisman, Esq. matias.travieso-diaz~dpillsburylaw.com National Legal Scholars Law Firm 84 East Thetford Road Jennifer J. Patterson, Esq.
Lyme, NH 03768 Senior Assistant Attorney General.
E-mail: aroismanj(ýnationallegalscholars.com Environmental Protection Bureau
.33 Capitol Street David R. Lewis, Esq'. Concord, NiH 03301 Matias F. Travieso-Diaz Jennifer.Patterson@doj .nh.gov Pillsbury Winthrop Shaw Pittman LLP 2300 NStreet NW '
Washington, DC 20037-1128 SHEMS DUNKIEL KASSEL & SAU.N.DERS, PLLC Clara Cavitt, Administrative Assistant for Ron Shemns Karen Tyler 91 College Street Burlington, VT 05401 802 860 1003 802 860 1208 (fax) rshems@sdkslaw.com ktyler(~sdkslaw.com for the firm Attorneys for New England Coalition, Inc.
