ML043650245
| ML043650245 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 11/10/2004 |
| From: | Repka D Pacific Gas & Electric Co, Winston & Strawn, LLP |
| To: | Langer M Office of Nuclear Reactor Regulation, US Federal Judiciary, Court of Appeals, for the District of Columbia Circuit |
| References | |
| No. 03-1038 | |
| Download: ML043650245 (5) | |
Text
WINSTON & STRAWVINT LEP 35 WEST WACKER DRIVE 1400 L STREET, N.W.
333 SOUTH GRAND AVENUE CHICAGO, ILLINOIS 60601-9703 WASHINGTON, D.C. 20005-3502 LOS ANGELES, CALIFORNIA 90071-1543 43 RUE bU RHONE 200 PARK AVENUE 1204 GENEVA. SWITZERLAND (202) 371-5700 NEWYORK, NEWYORK 101A6-4193 CITY POINT FACSIMILE (202) 371-5950 21 AVENUE VICTOR HUGO 1 ROPEMAKER STREET 75116 PARIS, FRANCE LONDON. EC2Y 9HT Lwww.nston.com 101 CALIFORNIA STREET SAN FRANCISCO, CALIFORNIA 94111-5894 DAVID A. REPKA (202) 371-5726 drepka wenston.com November 10, 2004 BY HAND DELIVERY Mark J. Langer, Clerk United States Court of Appeals for the District of Columbia Circuit E. Barrett Prettyman U.S. Courthouse, Room 5423 333 Constitution Avenue, N.W.
Washington, DC 20001-2866 Re:
Northern California PoverAzencv v. U.S. Nuclear Rerulatorv Commission, et al., Case No. 03-1038
Dear Mr. Langer:
Pursuant to Circuit Rule 34(c) please find enclosed a motion by Intervenor Pacific Gas and Electric Company ("PG&E") to allow more than one counsel to argue in connection with this matter and to allocate the time previously allotted to the Respondents accordingly. In accordance with Rule 27 of the Federal Rules of Appellate Procedure, and Circuit Rule 27, five (5) copies of the motion -
an original plus four (4) -
are enclosed.
Also enclosed is a copy of Form 72 for PG&E, prospectively completed on the assumption that the enclosed motion will be granted.
Sincerely, David A. Repka Counsel for Pacific Gas and Electric Company Enclosures DC3742382
ORAL ARGUMENT SCHEDULED FOR NOVEMBER 19,2004 November 10, 2004 UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT
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Northern California Power Agency,
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Petitioner,
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U.S. Nuclear Regulatory Commission and )
United States of America,
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No. 03-1038 Respondents,
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and
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The City of Santa Clara, California and
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Pacific Gas and Electric Company
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Intervenors.
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INTERVENOR PACIFIC GAS AND ELECTRIC COMPANY'S MOTION FOR LEAVE TO ARGUE AND TO SPLIT ARGUMENT TIME WITH RESPONDENTS By scheduling order of November 8, 2004,1 the time for oral argument on this matter has been allotted by the Court as 10 minutes for Petitioner, Northern California Power Agency ("NCPA"), and 10 minutes for Respondents, Nuclear Regulatory Commission ("NRC")
and United States of America.
Only one counsel per side is permitted to argue. The oral argument is scheduled for November 19, 2004.
In accordance with Federal Rules of Appellate Procedure 34 and Circuit Rule 34(c), Intervenor Pacific Gas and Electric Company ("PG&E") respectfully requests leave to 1
The scheduling order was received by the undersigned, this same date of November 10, 2004.
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argue in addition to counsel for the NRC, and to split the Respondents' allotted time, taking 6 minutes of that time and leaving 4 for the NRC. Counsel for the NRC has agreed to and supports this motion.
As this matter presently stands, the petition for review of the NRC order below is moot.
NCPA now seeks vacatur of the NRC order on grounds that the NRC order is unreviewable because of mootness. Oral argument will address the vacatur issue alone. Both the NRC and PG&E have opposed vacatur and have filed briefs on the issue. The NRC and PG&E have advanced different theories in their briefs. The NRC focuses on the lack of appellate jurisdiction to rule on NCPA's motion to vacate, but takes no position if the Court reinstates that jurisdiction.
PG&E supports the NRC's argument, but in its brief assumes jurisdiction and argues that the motion for vacatur should not be granted on its merits. Under the circumstances, PG&E believes that there is good cause for it to be heard. Moreover, there would be no increase in the total time allowed for argument. PG&E and the NRC have agreed to the specific allocation of the Respondents' time as discussed above, based upon counsels' assessment of the relative scope of their arguments and the related matters to be considered.
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Counsel for PG&E has been informed by counsel for NCPA that NCPA has no objection to this motion.
Respectfully submitted, William V. Manheim, Esq.
Richard F. Locke, Esq.
PACIFIC GAS & ELECTRIC COMPANY 77 Beale Street, B30A San Francisco, CA 94105 David A. Repka, Esq.
WINSTON & STRAWN LLP 1400 L Street, N.W.
Washington, DC 20005-3502 (202) 371-5700 ATTORNEYS FOR INTERVENOR PACIFIC GAS & ELECTRIC COMPANY Dated at Washington, DC this 10'h day of November 2004 3
UNITED STA ES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Northern California Power Agency, Petitioner, V.
U.S. Nuclear Regulatory Commission and United States of America, Respondents, and The City of Santa Clara, California and Pacific Gas and Electric Company Intervenors.
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No. 03-1038 CERTIFICATE OF SERVICE I hereby certify that copies of "INTERVENOR PACIFIC GAS AND ELECTRIC COMPANY'S MOTION FOR LEAVE TO ARGUE AND TO SPLIT ARGUMENT TIME WITH RESPONDENTS" in the captioned proceeding have been served as shown below by hand delivery, this 10'h day of November 2004.
James D. Pembroke, Esq.
Lisa S. Gast, Esq.
Duncan, Weinberg, Genzer & Pembroke,'.
1615 M Street, N.W., Suite 800 Washington, DC 20036-3203 Robert C. McDiarmid, Esq.
Ben Finkelstein, Esq.
Andrea G. Lonian, Esq.
Spiegel & McDiarmid 1333 New Hampshire Ave., N.W.
Washington, DC 20036 P.C.
Karen D. Cyr, General Counsel John F. Cordes Jr., Esq., Solicitor E. Leo Slaggie, Esq., Deputy Solicitor Grace H. Kim, Esq.
United States Nuclear Regulatory Commission Mail Stop OGC-MS 15 D21 Washington, DC 20555-0001 Robert B. Nicholson, Assistant Chief Robert J. Wiggers, Esq.
Appellate Section Antitrust Division U.S. Department of Justice 950 Pennsylvania Avenue, N.W.
Washington, DC 20530 Davi A. Repka, Esq.
Counsel for Pacific Gas & Electric Company I
DC:385319.1