ML040780638
| ML040780638 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 03/15/2004 |
| From: | Curran D Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP, Peg Pinard, San Luis Obispo Mothers for Peace, Sierra Club |
| To: | Office of Nuclear Reactor Regulation, US Federal Judiciary, Court of Appeals, 9th Circuit |
| References | |
| 03-74628 | |
| Download: ML040780638 (5) | |
Text
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
)
SAN LUIS OBISPO MOTHERS FOR PEACE,
)
SIERRA CLUB, and PEG PINARD,
)
Petitioners,
)
- v.
)
No. 03-74628 UNITED STATES NUCLEAR REGULATORY )
COMMISSION and the UNITED STATES
)
OF AMERICA,
)
Respondents
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PACIFIC GAS & ELECTRIC CO.
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Intervenor-Respondent
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PETITIONERS' MOTION FOR LEAVE TO FILE VOLUME OF EXHIBITS Petitioners, San Luis Obispo Mothers for Peace, Sierra Club, and Peg Pinard, hereby move for leave to file the enclosed volume of exhibits to their Brief, which Petitioners have prepared for the convenience of the Court. Petitioners have submitted five copies of the volume of exhibits to the Court.
The exhibits consist of non-record documents that are relevant to this appeal, including: (a) an adjudicatory decision by the U.S. Nuclear Regulatory Commission ("NRC" or "Commission") that is heavily relied on by the Commission in one of the decisions on appeal; (b) relevant NRC rulemaking documents, enforcement orders and a guidance document; (c) relevant NRC documents related to the terrorist attacks of September 11, 200 1; (d) a relevant
excerpt of the Environmental Report submitted to the NRC by Pacific Gas &
Electric Company ("PG&E"), the applicant in the proceeding below, as part of its license application; and (e) excerpts of four relevant environmental impact statements issued by the U.S. Department of Energy ("DOE"). Petitioners rely on these documents to demonstrate that one of the NRC's decisions in the proceeding below is contradicted by the NRC's own regulatory actions and guidance, and is also inconsistent with actions taken by the DOE.
Petitioners have contacted counsel for the Federal Respondents (the NRC and the United States of America), and the Intervenor-Respondent (PG&E),
regarding this request. The Federal Respondents do not object to the inclusion of previous NRC adjudicatory decisions and Federal Register notices - of which the Court may take judicial notice - in the volume of exhibits. Otherwise, the Federal Respondents believe that the case should be decided on the administrative record, which has been filed with this Court. The Federal Respondents reserve the right, after reviewing Petitioners' Brief, to object to any item in the volume of exhibits that was not part of the administrative record or that is not relevant or material to an issue in this case.
The Intervenor-Respondent also reserved the right to object to the volume of exhibits, after having an opportunity to review it.
2
Respectfully submitted, Diane Curran Harmon, Curran, Spielberg & Eisenberg, L.L.P.
1726 M Street N.W., Suite 600 Washington, D.C. 20036 202/328-3500 March 15, 2004 3
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
)
SAN LUIS OBISPO MOTHERS FOR PEACE,
)
SIERRA CLUB, and PEG PINARD,
)
Petitioners,
)
- v.
)
No. 03-74628
)
UNITED STATES NUCLEAR REGULATORY )
COMMISSION and the UNITED STATES
)
OF AMERICA,
)
Respondents
)
)
PACIFIC GAS & ELECTRIC CO.
)
Intervenor-Respondent
)
CERTIFICATE OF SERVICE I certify that on March 15, 2004, copies of the foregoing Petitioners' Motion for Leave to File Volume of Exhibits were served on the following by Federal Express or by hand:
Greer Goldman, Esq.
Appellate Division Environment and Natural Resources U.S. Department of Justice 601 D Street N.W.
Washington; D.C.. 20026 Charles E. Mullins, Esq.
E. Leo Slaggie, Esq.
John F. Cordes, Esq.
Office of General Counsel U.S. Nuclear Regulatory.
Commission II 555 Rockvillc Pike Rockville, MD 20852 David A. Repka, Esq.
Brooke D. Poole, Esq.
Winston & Strawn, LLP 1400 L Street N.W.
Washington, D.C. 20005-3502 Diane Curran Harmon, Curran, Spielberg & Eisenberg, L.L.P.
1726 M Street N.W., Suite 600 Washington, D.C. 20036 tel.: 202/328-3500 fax: 202/328-6918 Attorney for Petitioners