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Category:Legal-Motion
MONTHYEARML12132A4682012-05-11011 May 2012
Motion to Strike
ML0513902052005-05-13013 May 2005
Duke Energy Corporation'S Opposition to Blue Ridge Environmental Defense League'S Motion to Exceed Page Limitation
ML0504700292005-02-15015 February 2005
Catawba - NRC Staff'S Response to Bredl'S February 3rd Letter
ML0504901822005-02-15015 February 2005
Catawba - NRC Staff Response in Opposition to Blue Ridge Environmental Defense League'S Motion to Re-Open the Record on Security Contention 5
ML0505502862005-02-15015 February 2005
Duke Energy Corporation'S Response to the Blue Ridge Environmental Defense League'S Motion to Re-open the Record on Security Contention 5
ML0504503372005-01-31031 January 2005
Duke Energy Corporation'S Motion to Amend Protective Order to Add an Additional Individual to Receive Protected Information
ML0502502522005-01-24024 January 2005
Catawba - Corrected Certificate of Service to the NRC Staff'S Motion to Amend December 15, 2003 Protective Order
ML0502502492005-01-21021 January 2005
Catawba - NRC Staff'S Motion to Amend December 15, 2003 Protective Order
ML0436402832004-12-22022 December 2004
Response of Duke Energy Corporation to NRC Staff'S Motion for Expedited Interlocutory Review
ML0500602012004-12-22022 December 2004
Blue Ridge Environmental Defense League'S Opposition to NRC Staff'S Motion for Interlocutory Review of ASLB Ruling Amending Protective Order
ML0436400962004-12-21021 December 2004
Catawba MOX - NRC Staff'S Motion for Interlocutory Review of the Licensing Board'S December 17, 2004 Order Amending the Protective Order and Request for Expedited Review
ML0500501202004-12-20020 December 2004
Catawba - NRC Staff'S Motion for Stay Pending Interlocutory Review of the Licensing Board'S December 17, 2004 Order Amending Protective Order
ML0435503702004-12-20020 December 2004
Letter from Diane Curran to Emile Julian Enclosing Blue Ridge Environmental Defense League'S Motion for Leave to File Prefiled Written Testimony Out of Time
ML0500404622004-12-15015 December 2004
Catawba MOX - NRC Staff'S Response to Bredl'S Appeal of Staff'S Adverse Need-to-Know Determination Regarding SECY-03-215
ML0435700192004-12-15015 December 2004
Blue Ridge Environmental Defense League'S Motion to Amend Protective Order
CY-03-215, Blue Ridge Environmental Defense League'S Motion for Leave to Reply to NRC Staff'S Response to Need-to-Know Appeal with Accompanying Reply2004-12-15015 December 2004
Blue Ridge Environmental Defense League'S Motion for Leave to Reply to NRC Staff'S Response to Need-to-Know Appeal with Accompanying Reply
ML0432803532004-11-22022 November 2004
Catawba - NRC Staff Response to Bredl Motion for Imposition of Interim Discovery Measures to Compensate for Unavailability of ADAMS
ML0433501362004-11-15015 November 2004
Duke Energy Corporation'S Response to Bredl Motion for Imposition of Interim Discovery Measures and Delay in the Hearing Schedule
ML0431703692004-11-0505 November 2004
Motion for Approval of Consent Order Regarding Document Discovery; Consent Order Regarding Document Discovery; Blue Ridge Environmental Defense League'S Motion for Imposition of Interim Discovery Measures to Compensate.
ML0430904602004-10-28028 October 2004
Duke Energy Corporation'S Response to Motion for Reconsideration of CLI-04-29
ML0430104462004-10-18018 October 2004
Blue Ridge Environmental Defense League'S Motion for Reconsideration of CLI-04-29
ML0426703602004-09-22022 September 2004
Catawba - NRC Staff'S Motion to Amend December 15, 2003 Protective Order
ML0426800692004-09-17017 September 2004
Duke Energy Corporation'S Opposition to Blue Ridge Environmental Defense League'S Motion to Compel Production of the Proposed Security Plan for Catawba Nuclear Station
ML0426401042004-09-0707 September 2004
Blue Ridge Environmental Defense League'S Motion to Compel Production of Revision 17 of Security Plan for Catawba Nuclear Power Plant
ML0425702412004-09-0707 September 2004
Catawba - NRC Staff Response to Intervenor'S Motion Requesting Access to Certain Classified Documents
ML0425303862004-08-31031 August 2004
Duke Energy Corporation'S Response to Blue Ridge Environmental Defense League'S Request for Need-to-Know Determination on Classified Regulatory Guidance for NRC Category I Facilities
ML0424701652004-08-27027 August 2004
Duke Energy Corporation'S Request for Action Under Subpart I of 10 C.F.R. Part 2
ML0424402492004-08-26026 August 2004
Blue Ridge Environmental Defense League'S Request for Need-to-Know Determination
ML0421605462004-07-27027 July 2004
Duke Energy Corporation'S Motion to Modify December 15. 2003 Protective Order
ML0421003572004-07-20020 July 2004
Blue Ridge Environmental Defense League'S Opposition to NRC Staff'S Motion for Leave to Reply to Bredl'S Opposition
ML0420301732004-07-19019 July 2004
Catawba - NRC Staff'S Motion for Leave to Reply to Bredl'S Opposition to NRC Staff'S Petition for Review Regarding Bredl'S Security Expert and NRC Staff'S Reply to Bredl'S Response to Staff'S Petition for Review
ML0419802952004-07-0808 July 2004
Letter from Diane Curran to Administrative Judges Enclosing Blue Ridge Environmental Defense League'S Motion to Compel Security-Related Discovery Responses by NRC Staff
ML0419803032004-07-0808 July 2004
Duke Energy Corporation Motion to Compel Discovery Responses from Blue Ridge Environmental Defense League Relating to Security Contention 5
ML0419003282004-07-0707 July 2004
Catawba - NRC Staff'S Motion to Compel Bredl to Respond to NRC Staff'S First Set of Discovery Requests on Security Contention 5
ML0418400042004-06-30030 June 2004
Catawba - NRC Staff'S Petition for Review of the Licensing Board'S Ruling Related to Bredl'S Proffered Security Expert
ML0418400022004-06-30030 June 2004
Catawba - NRC Staff'S Motions for Temporary Stay to Preserve the Status Quo and for Stay Pending Interlocutory Review of the Licensing Board'S June 25, 2004 Finding Regarding Dr. Edwin Lyman'S Expertise
ML0417503272004-05-21021 May 2004
Blue Ridge Environmental Defense League'S Motion for Leave to Withdraw Contention II and Request to Change Hearing Schedule for Contention I
ML0414004642004-05-11011 May 2004
Duke Energy Corporation'S Motion to Modify Protective Order
ML0411900812004-04-19019 April 2004
Blue Ridge Environmental Defense League'S Proposed Hearing Schedule and Request for Reconsideration of Aslb'S Internal Deadline of August 2004 for Issuing a Decision in This Proceeding
ML0411900752004-04-19019 April 2004
Blue Ridge Environmental Defense League'S Motion for Clarification or Reconsideration April 8, 2004, Order
ML0411107922004-04-16016 April 2004
NRC Staff'S Motion to Compel Blue Ridge Environmental Defense League to Respond to NRC Staff'S First Set of Interrogatories and Request for Production of Documents
ML0410001092004-04-0202 April 2004
Duke Energy Corporation'S Motion for Protective Order
ML0409202502004-03-30030 March 2004
Nuclear Regulatory Commission Staff'S Response to Duke Energy Corporation'S Motion to Dismiss Contention III
ML0409203312004-03-25025 March 2004
Blue Ridge Environmental Defense League'S Opposition to Duke Energy Corporation'S Motion to Dismiss Contention III
ML0408306822004-03-15015 March 2004
Duke Energy Corporation'S Motion to Dismiss Contention III
ML0405004672004-02-11011 February 2004
Affidavit of John A. Nakoski in Support of NRC Staff Request for Interlocutory Review
ML0405004752004-02-11011 February 2004
Certificate of Service for NRC Staff'S Petition for Review of the Licensing Board'S February 4, 2004 Order Relating to Bredl'S Request to Attend a Closed Meeting.
ML0404202532004-02-0303 February 2004
Blue Ridge Environmental Defense League'S Emergency Motion for Access to NRC Staff Meeting on February 6, 2004
ML0403604932004-02-0202 February 2004
Catawba -- NRC Staff'S Motion for Interlocutory Review of the Licensing Board'S January 29, 2004 Order Finding a Need-To-Know and Ordering NRC Staff to Provide Petitoner with Acess to Documents Containing Safeguards Information (Superceded)
ML0403604702004-01-30030 January 2004
Catawba MOX - NRC Staff'S Motions for Temporary Stay to Preserve the Status Quo and for Stay Pending Interlocutory Review of the Licensing Board'S January 29, 2004 Order Regarding Access to NRC Documents Containing Safeguards Information
2012-05-11
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Text
RAS 4047 March 8, 2002 DOCKETED 03/08/02 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of )
)
DUKE ENERGY CORPORATION ) Docket Nos. 50-369, 370, 413 and 414
)
(McGuire Nuclear Station, )
Units 1 and 2, and )
Catawba Nuclear Station, )
Units 1 and 2) )
NRC STAFFS RESPONSE TO THE MOTION OF THE NUCLEAR ENERGY INSTITUTE FOR LEAVE TO FILE AN AMICUS BRIEF On February 27, 2002, the Nuclear Energy Institute (NEI) filed a motion for leave to file a brief amicus curiae,1 along with its proposed brief,2 in response to the Commissions Orders of February 6, 2002, requesting briefs from the parties in four separate adjudicatory proceedings.3 NEIs Motion seeks leave to file a brief concerning an issue that is now under review by the Commission -- i.e., whether the Commissions responsibility under the National Environmental Policy Act of 1969 (NEPA) requires consideration of intentional malevolent acts, such as those 1
See Motion By the Nuclear Energy Institute for Leave to File an Amicus Brief in Response to the Commissions Memorandum and Orders Dated February 6, 2002, Regarding the Commissions Consideration of Potential Intentional Malevolent Acts (Motion), dated February 27, 2002.
2 See Amicus Brief of Nuclear Energy Institute in Response to the Commissions Memorandum and Orders Dated February 6, 2002, Regarding the Commissions Consideration of Potential Intentional Malevolent Acts (Brief), dated February 27, 2002.
3 See (1) Private Fuel Storage, L.L.C. (Independent Spent Fuel Storage Installation),
CLI-02-03, 55 NRC ___ (Feb. 6, 2002); (2) Duke Cogema Stone & Webster (Savannah River Mixed Oxide Fuel Fabrication Facility), CLI-02-04, 55 NRC ___ (Feb. 6, 2002); (3) Dominion Nuclear Connecticut, Inc. (Millstone Nuclear power Station, Unit No. 3), 55 NRC ___ (Feb. 6, 2002); and (4) Duke Energy Corp. (McGuire Nuclear Station, Units 1 & 2, and Catawba Nuclear Station, Units 1 & 2), CLI-02-06, 55 NRC ___ (Feb. 6, 2002).
directed against the United States on September 11, 2001. The NRC Staff (Staff) herewith responds to NEIs Motion.
In the Staffs view, NEIs Motion establishes that the issue under review by the Commission is of concern to NEIs members and to the nuclear energy industry, in general. In addition, it is apparent that the Commissions resolution of this issue may affect NEIs members interests, in that the issue appears to have generic applicability to NRC licensees and license applicants other than those involved in the instant proceeding, and the resolution of this issue could affect other licensing proceedings in the future. Accordingly, the Staff does not object to NEIs filing of its amicus brief relating to this issue in the instant proceeding.
Respectfully submitted,
/RA/
Susan L. Uttal Counsel for NRC Staff Dated at Rockville, Maryland this 8th day of March, 2002
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of )
)
DUKE ENERGY CORPORATION ) Docket Nos. 50-369, 370, 413 and 414
)
(McGuire Nuclear Station, )
Units 1 and 2, and )
Catawba Nuclear Station, )
Units 1 and 2) )
CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFFS RESPONSE TO THE MOTION OF THE NUCLEAR ENERGY INSTITUTE FOR LEAVE TO FILE AN AMICUS BRIEF, in the above captioned proceeding have been served on the following through deposit in the NRCs internal mail system, or through deposit in the NRCs internal mail system, with copies by electronic mail, as indicated by an asterisk, or by deposit in the U.S. Postal Service, with copies by electronic mail, as indicated by double asterisk, this 8th day of March, 2002:
Ann Marshall Young, Chair* Paul Gunter**
Administrative Judge Nuclear Information and Resource Service Atomic Safety and Licensing Board 1424 16th St. N.W.
U.S. Nuclear Regulatory Commission Suite 404 Mail Stop: T-3F23 Washington, D.C. 20026 Washington, D.C. 20555 (E-mail: pgunter@nirs.org)
(E-mail: AMY@nrc.gov)
Lester S. Rubenstein*
Charles N. Kelber* Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mail Stop: T-3F23 Mail Stop: T-3F23 Washington, D.C. 20555 Washington, D.C. 20555 (E-mail: Lesrrr@msn.com)
(E-mail: CNK@nrc.gov)
Office of the Secretary*
Office of Commission Appellate Adjudication* ATTN: Docketing and Service U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mail Stop: O-16C1 Mail Stop: O-16C1 Washington, D.C. 20555 Washington, D.C. 20555 (OCAA Distribution@nrc.gov) (E-mail: HEARINGDOCKET@nrc.gov)
Janet Marsh Zeller** Lisa F. Vaughn, Esq.**
Executive Director Legal Dept. (PBO5E)
Blue Ridge Environmental Defense League Duke Energy Corporation P.O. Box 88 422 So. Church St.
Glendale Springs, NC 28629 Charlotte, NC 28201-1006 (E-mail: BREDL@skybest.com) (E-mail: lfVaughn@duke-energy.com)
Mary Olsen** Donald J. Moniak**
Southeast Director of NIRS Blue Ridge Environmental Defense League P.O. Box 7586 P. O. Box 3487 Asheville, NC 20882 Aiken, SC 29802 (E-mail: nirs.se@mindspring.com) (E-mail: donmoniak@earthlink.net)
David A. Repka, Esq.** Jesse Riley**
Anne W. Cottingham, Esq.** 854 Henley Place Winston & Strawn Charlotte, NC 28207 1400 L Street, N.W. (E-mail: Jlr2020@aol.com)
Washington, D.C. 20005-3502 (E-mail: drepka@winston.com acotting@winston.com)
Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission T-3F23 Washington, D.C. 20555
/RA/
Susan L. Uttal Counsel for NRC Staff
