ML070310135

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

ML070310135
Person / Time
Site:	Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date:	01/24/2007
From:	Tyler K New England Coalition, Shems, Dunkiel, Kassel, & Saunders, PLLC
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
50-271-LR, ASLBP 06-849-03-LR, RAS 12946
Download: ML070310135 (4)

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)*that proceedings 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 and Entergy Nuclear Operations, Inc.(Vermont Yankee Nuclear Power Station))))))Docket No. 50-271 -LR ASLBP No. 06-849-03-LR CERTIFICATE OF SERVICE I, Clara Cavitt, hereby certify that copies of the NEW ENGLAND'COALITION, INC'S_OPPOSITION TO ENTERGY'S MOTION TO STAY NE C'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 Alex S. Karlin, Esq., Chair Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear, Regulatory Commission Washington, DC 20555-000.1 E-mail: ask2p2lnrc.azov Administrative Judge Thomas S.* Elleman Atomic Safety and Licensing Board Panel 5207 Creedmoor Road, #101 Raleigh, NC 27612 E-mail: ellemari~eos.ncsu.edu Office of Commission Appellate.Adjudicat~ion Mail Stop: 0-16C1 U.S. Nuclear Regulatory Comimission Washington, DC 20555-0001 E-mail: OCAAmail(inrc.gov Administrative Judge Dr. Richard E. Wardwell Atomic Safety and Licensing Board Panel Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: rew(knrc.gov Office of the Secretary Attn: Rulemaking and Adjudications Staff Mail Stop: 0-16CI U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: hearingdocket~dinrc.gov Sarah Hofmnann, Esq.*Director of Public Advocacy Department of Public Service 112 State Street, Drawer 20 Montpelier, VT 05620-2601 E-mail: sarah.hofmann~dstate.vt.us Mitzi A. Young, Esq.Steven C. Hamrick, Esq.Office of the General Counsel Mail Stop 0- 15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-000 1 E-mail: may(-nrc.gov; schl (.nrc.gov Marcia Carpentier, Esq.Atomic Safety and Licensing Board Panel Mail -Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-000 1 E-mail mxc7(dnrc.gov; Jmr3@.nrc.2ov I.Anthony Z. Roisman, Esq.National Legal Scholars Law Firm 84 East Thetford Road Lyme, NH 03768 E-mail: aroismanj(ýnationallegalscholars.com David R. Lewis, Esq'.Matias F. Travieso-Diaz Pillsbury Winthrop Shaw Pittman LLP 2300 NStreet NW 'Washington, DC 20037-1128

• E-mail: david.lewis(~pillsburvlaw.com matias.travieso-diaz~dpillsburylaw.com Jennifer J. Patterson, Esq.Senior Assistant Attorney General.Environmental Protection Bureau.33 Capitol Street Concord, NiH 03301 Jennifer.Patterson@doj .nh.gov SHEMS DUNKIEL KASSEL & SAU.N.DERS, PLLC Clara Cavitt, Administrative Ron Shemns Karen Tyler 91 College Street Burlington, VT 05401 802 860 1003 802 860 1208 (fax)rshems@sdkslaw.com ktyler(~sdkslaw.com Assistant for for the firm Attorneys for New England Coalition, Inc.