ML071440218
| ML071440218 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 05/14/2007 |
| From: | Tyler K New England Coalition, Shems, Dunkiel, Kassel, & Saunders, PLLC |
| To: | Donovan R Office of Nuclear Reactor Regulation, US Federal Judiciary, Court of Appeals, 1st Circuit |
| Cordes John (301) 415--1600 | |
| References | |
| 07-1482 | |
| Download: ML071440218 (5) | |
Text
SHEMS DUNKIEL KASSEL & SAUNDERS P L L C RONALD A. SHEMS BRIAN S.
DUNKIEL*
JOHN B. KASSEL MARK A. SAUNDERS ANDREW N.
RAUBVOGEL GEOFFREY H. HAND KAREN L. TYLER REBECCA E.
BOUCHER ASSOCIATE ATTORNEYS EILEEN I. ELLIOTT OF COUNSEL May 14, 2007 Richard Cushing Donovan, Clerk United States Court of Appeals for the First Circuit United States Courthouse 1 Courthouse Way, Suite 2500 Boston, MA 02210 Re:
Commonwealth of Massachusetts v. United States; United States Nuclear Regulatory Commission No. 07-1482
Dear Mr. Donovan:
Please find enclosed for filing in the above-stated matter New England Coalition, Inc.'s Reply to Entergy's Response in Opposition to the New England Coalition' s Motion to Intervene as Petitioner.
Thank you for your attention to this matter.
Sincerely, Karen Tyler SHEMS DUNKIEL KASSEL & SAUNDERS PLLC Cc:
attached service list 9 I COLLEGE STREET BURLINGTON, VERMONT 05401 TEL 802
/ 860 1003
- FAX 802
/ 860 1208
- www.sdkslaw.com
- Also admitted in the District of Columbia
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT Commonwealth of Massachusetts
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Petitioner
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No. 07-1482 V.
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United States;. United States Nuclear
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Regulatory Commission
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Respondents
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NEW ENGLAND COALITION. INC.'S REPLY TO ENTERGY'S OPPOSITION TO THE NEW ENGLAND COALITION'S MOTION TO INTERVENE AS PETITIONER Pursuant to Rule 27(a)(4) of the Federal Rules of Appellate Procedure, New England Coalition, Inc. ("NEC") files the following reply to Entergy Nuclear Vermont Yankee LLC's, and Entergy Nuclear Generation Company's ("Entergy") Opposition to the New England Coalition's Motion to Intervene as Petitioner.'
ARGUMENT
- 1.
NEC is a "party aggrieved" by the Nuclear Regulatory Commission's
("NRC") denial of the Commonwealth of Massachusetts' ("Massachusetts") Contention in the Vermont Yankee nuclear power plant relicensing proceeding because it is a party to that proceeding, it moved to "adopt" Massachusetts' Contention as permitted under NRC rules, and it would have been a cosponsor of Massachusetts' Contention had it been admitted for adjudication. In the Matter of Entergy Nuclear Vermont Yankee, LLC, and 1 Entergy is not yet a party to this proceeding. Its Response in Opposition to the New England Coalition's Motion to Intervene as Petitioner therefore is not permitted under the Federal Rules of Appellate Procedure, and the Court should not consider it. Fed.R.App.P.
27(a)(3)(permitting "any party" to respond to a motion).
Entergy Nuclear Operations, Inc. (Vermont Yankee Nuclear Power Station), 64 NRC 131, 145-146, 207 (2006).
- 2.
NEC did not file briefs concerning Massachusetts' Contention, or participate in oral argument to the Atomic Safety and Licensing Board ("ASLB") only because NEC designated Massachusetts as its representative as was required under NRC regulations. 10 C.F.R. § 2.309(f)(3)("If a requestor/petitioner seeks to adopt the contention of another sponsoring requestor/petitioner, the requestor/petitioner who seeks to adopt the contention must either agree that the sponsoring requestor/petitioner shall act as the representative with respect to that. contention, or jointly designate with the sponsoring requestor/petitioner a representative who shall have the authority to act for the requestors/petitioners with respect to that contention.").
- 3.
However, as a cosponsor of Massachusetts' Contention, NEC would have the very significant right to independently pursue the litigation of this Contention in the event Massachusetts chooses to withdraw from the NRC proceeding for whatever reason.
This independent right to litigate the Contention makes NEC a "party aggrieved" by the Contention's denial.
May 14, 2007 New England Coalition, Inc.
by:
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1J-Ronald A. ShemsD Karen Tyler V
SHEMS DUNKIEL KASSEL & SAUNDERS PLLC 91 College Street Burlington, VT 05401 802 860 1003 ext. 103 802 860 1208 (fax) rshemsasdkslaw.com ktyler@sdkslaw.com Attorneys for New England Coalition, Inc.
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UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT Commonwealth of Massachusetts Petitioner V.
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No. 07-1482
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United States; United States Nuclear Regulatory Commission Respondents CERTIFICATE OF SERVICE I, Michelle Cronin, hereby certify that on May 14, 2007, copies of the foregoing Reply to Entergy's Opposition to New England Coalition's Motion to Intervene as Petitioner in the above-captioned proceeding were served by first class mail on the parties to the U.S. Nuclear Regulatory Commission's license renewal proceeding for the Vermont Yankee nuclear power plant, as listed below:
Office of Commission Appellate Adjudication Mail Stop: O-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Office of the Secretary Attn: Rulemaking'and Adjudications Staff Mail Stop: O-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Sarah Hofmann, Esq.
Director of Public Advocacy Department of Public Service 112 State Street, Drawer 20 Montpelier, VT 05620-2601 Mitzi A. Young, Esq.
Mary C. Baty, Esq.
Office of the General Counsel Mail Stop 0-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Diane Curran, Esq.
Harmon, Curran, Spielberg & Eisenberg, LLP 1726 M Street.NW, Suite 600 Washington, DC 20036 Callie B. Newton, Chair Gail MacArthur Lucy Gratwick Marcia Hamilton Town of Marlboro Selectboard P.O. Box 518 Marlboro, VT 05344 Anthony Z. Roisman, Esq.
National Legal Scholars Law Firm 84 East Thetford Road Lyme, NH 03768 Jennifer J. Patterson, Esq.
Office of the New Hampshire Attorney General 33 Capital Street Concord, NH 03301
Matthew Brock, Esq.
Assistant Attorney General Office of the Massachusetts Attorney General Environmental Protection Division One Ashburton Place, Room 1813 Boston, MA 02108-1598 David R. Lewis, Esq.
Matias F. Travieso-Diaz Pillsbury Winthrop Shaw Pittman LLP 2300 N Street NW Washington, DC 20037-1128 Dan MacArthur, Director Town of Marlboro Emergency Management P.O. Box 30 Marlboro, VT 05344 SHEMS DUNKIEL KASSEL & SAUNDERS, PLLC by:
Mic elle Cronin, for Ron ld A. Shems Karen Tyler 91 College Street Burlington, VT 05401 802 860 1003 802 860,1208 (fax) rshemsasdkslaw.com ktylerf&,sdkslaw.com for the firm Attomeys for New England Coalition, Inc.