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Category:Legal-Motion
MONTHYEARML23268A0532023-09-25025 September 2023
NRC Staff Unopposed Motion Requesting Leave to Responds to the San Luis Obispo Mothers for Peace and Friends of the Earth Hearing Request and Request to Suspend Operations
ML23228A0052023-08-16016 August 2023
San Luis Obispo Mothers for Peace'S Unopposed Motion for Extension of Time to Respond to Pacific Gas and Electric Company'S Brief on Appeal of LBP-23-07
ML16068A0062016-03-0707 March 2016
Petitioners Reply to Motion to Hold Abeyance 3-7-16
ML16043A5182016-02-11011 February 2016
Petitioner'S Motion to Hold the Case in Abeyance 2-11-16
ML15272A3782015-09-25025 September 2015
Foe Response to Motion to Govern
ML15212A7322015-07-31031 July 2015
Pacific Gas and Electric Company'S Motion for Summary Disposition on Contention EC 1
ML15162A9772015-06-11011 June 2015
NRC Staff Answer Opposing the Friends of the Earth Motion to Allow Supplemental Briefing
ML15156B5212015-06-0505 June 2015
Petitioner Friends of the Earth'S Motion to Allow Supplemental Briefing
ML15120A5692015-04-30030 April 2015
Notice of Appearance Daniel Straus for NRC Staff
ML15105A6142015-04-0909 April 2015
14-1213(D.C.Cir.) Intervenors Response to Motion to Supplement
ML15104A3022015-04-0707 April 2015
14-1213(D.C.Cir.) Respondents Response to Petitioner'S Motion to Supplement the Record (Filed)
ML15085A4142015-03-25025 March 2015
14-1213 Motion to Supplement
ML15085A4412015-03-23023 March 2015
14-1213 Motion to Supplement Exhibit 2
ML15085A4392015-03-23023 March 2015
14-1213 Motion to Supplement Exhibit 1
ML15057A6182015-02-26026 February 2015
14-1213 Respondents Motion to Defer Briefing Schedule
ML15030A4912015-01-30030 January 2015
NRC Staff Motion Regarding Dr Michael Peck Email to the Board
ML15030A4882015-01-30030 January 2015
Joint Motion to Correct the Transcript
ML15014A5092015-01-0808 January 2015
14-1213 (D.C.Cir.) Respondents' Reply (Filed)
ML15014A5042014-12-29029 December 2014
14-1213(D.C.Cir.)PG&E Response to Motion to Dismiss
ML15012A5362014-12-10010 December 2014
14-1213(D.C.Cir.)Respondents Motion to Dismiss (Filed)
ML14308A5322014-11-0303 November 2014
Notice of Appearance of Joseph A. Lindell on Behalf of the U.S. Nuclear Regulatory Commission in the Matter of Diablo Canyon, Units 1 and 2
ML14259A5762014-09-16016 September 2014
NRC Staff'S Unopposed Motion to Clarify or Set a Filing Schedule for the Petition to Intervene and Request for Hearing by Friends of the Earth Concerning Diablo Canyon
ML11257A1602011-09-14014 September 2011
Joint Motion to Amend Deadline for Initial Disclosures on Contentions TC-1 and EC-4
ML1112604662011-05-0606 May 2011
Petitioners' Motion for Modification of the Commission'S April 19, 2011, Order to Permit a Consolidated Reply; Petitioners' Reply . . . Certificate of Counsel Regarding Consultation; Certificate of Service
ML1031306162010-11-0909 November 2010
Joint Motion for Protective Order
ML1016904082010-06-18018 June 2010
NRC Staff'S Unopposed Motion to Correct the Transcript of the Oral Argument Held on May 26, 2010
ML0720402732007-07-18018 July 2007
San Luis Obispo Mothers for Peace'S Motion for Leave to Reply to Pg&E'S and NRC Staff'S Oppositions to Slomfp'S Contentions and Request for a Hearing Regarding Diablo Canyon Environmental Assessment Supplement, with Accompanying Reply
ML0715000332007-05-29029 May 2007
Diablo Canyon ISFSI - Supplement to the EA
ML0715000302007-05-29029 May 2007
Diablo Canyon ISFSI - NRC Staff'S Supplement to Environmental Assessment and Notice of Appearance for Lisa B. Clark
ML0715000372007-05-24024 May 2007
Diablo Canyon ISFSI - Notice of Availability of the Supplement
ML0717601322007-05-0202 May 2007
5/2/2007 - Respondents' Unopposed Motion for Panel Referral to Mediation Between San Luis Obispo Mothers for Peace V. USNRC and Pacific Gas and Electric Company; No. 03-74628
ML0717601282007-04-16016 April 2007
4/16/2007 - Respondents' Response to Petitioners Motion for Attorney'S Fees and Costs Between San Luis Obispo Mother for Peace, Sierra Club & Peg Pinard, V. USNRC and Pacific Gas & Electric Company; No. 03-74628
ML0717601622007-03-20020 March 2007
3/20/2007 - Respondents' Second Unopposed Motion for Extension of Time Between San Luis Obispo Mothers for Peace, Petitioners, V. USNRC, Respondents and Pacific Gas and Electric Company, Intervenor; No. 03-74628
ML0717601512007-02-22022 February 2007
2/22/2007 - Respondents' Unopposed Motion for Extension of Time Between San Luis Obispo Mothers for Peace, Petitioners V. USNRC, Respondents, and Pacific Gas and Electric Company, Intervenor; No. 03-74628
ML0717601442007-02-14014 February 2007
2/14/2007 - Petitioner'S Motion for Attorney'S Fees and Costs Under Eaja Between San Luis Obispo Mothers for Peace V. USNRC and Pacific Gas & Electric Co.; No. 03-74628
ML0704002642007-02-0505 February 2007
Response by San Luis Obispo Mothers for Peace, Sierra Club, and Peg Pinard to PG&E Motion for Prompt Commission Action
ML0627703302006-09-28028 September 2006
Answer of Pacific Gas and Electric Company to Motion for Partial Reconsideration of CLI-06-23
ML0627101002006-09-18018 September 2006
Motion by San Luis Obispo Mothers for Peace, Sierra Club, and Peg Pinard for Partial Reconsideration of CL1-06-23
ML0436502452004-11-10010 November 2004
Motion by Intervenor, Dated 11/10/04
ML0420202992004-07-0909 July 2004
Notice of Motion and Motion of the City of Palo Alto for Order Directing Payment of Reasonable Attorneys' Fees and Costs Pursuant to Section 503(b)(3)(D), 503(b)(3)(F) and -503(b)(4), and Supporting Memorandum of Points and Authorities
ML0420203022004-07-0808 July 2004
Declaration of Grant Kolling in Support of Motion of City of Palo Alto for Order Directing Payment of Reasonable Attorney Fees and Costs
ML0413303752004-05-0505 May 2004
Pacific Gas and Electric Company'S Response to City of Santa Clara Request for Order Declaring Transfer Orders Null and Void
ML0411703032004-04-23023 April 2004
City of Santa Clara, California'S Response to Pacific Gas and Electric Company'S Motion to Terminate Proceeding
ML0411304202004-04-13013 April 2004
Pacific Gas and Electric Company'S Motion to Terminate Proceeding
ML0430200632004-03-31031 March 2004
Federal Respondents' Unopposed Motion for Extension of Time, Dated 3/31/04
ML0404403202004-02-0606 February 2004
Notice of Motion and Motion for Approval Re Disputed Claims Escrow Accounts; Memorandum of Points-And Authorities in Support Thereof
ML0404403172004-02-0606 February 2004
Notice of Motion and Motion for Extension of Time to Object to Certain Proofs of Claim and for Related Relief; Memorandum of Points and Authorities in Support Thereof (Supporting Declaration of Kermit Kubitz Filed Separately)
ML0403706062004-01-29029 January 2004
Notice of Motion and Motion for Authority to Establish Cash-Collateralized Letter of Credit Program and Facility to Secure Gas Purchases, and to Incur Secured Debt Related Thereto; Memorandum of Points and Authorities in Support Thereof (Su
ML0401605962004-01-0909 January 2004
Leprino Food Company'S Notice of Hearing and Motion for Determination of Ordinary Course Liability, or in the Alternative, Allowance and Payment of Pre-Confirmation Administrative Claim
ML0402003072004-01-0707 January 2004
Motion of Pacific Gas & Electric Company for Leave to Intervene, Dated 1/7/04
2023-09-25
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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 CaliforniaPoverAzencv v. U.S. NuclearRerulatorv 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
)
Northern California Power Agency, )
Petitioner, )
)
- v. )
)
U.S. Nuclear Regulatory Commission and )
United States of America, ) No. 03-1038 Respondents, )
)
and )
)
The City of Santa Clara, California and )
Pacific Gas and Electric Company )
Intervenors. )
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.
1
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.
2
V.
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. David A. Repka, Esq.
Richard F. Locke, Esq.
PACIFIC GAS & ELECTRIC WINSTON & STRAWN LLP COMPANY 1400 L Street, N.W.
77 Beale Street, B30A Washington, DC 20005-3502 San Francisco, CA 94105 (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, ) No. 03-1038 Respondents, )
)
and )
)
The City of Santa Clara, California and )
Pacific Gas and Electric Company Intervenors. )
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. Karen D. Cyr, General Counsel Lisa S. Gast, Esq. John F. Cordes Jr., Esq., Solicitor Duncan, Weinberg, Genzer & Pembroke,'.P.C. E. Leo Slaggie, Esq., Deputy Solicitor 1615 M Street, N.W., Suite 800 Grace H. Kim, Esq.
Washington, DC 20036-3203 United States Nuclear Regulatory Commission Mail Stop OGC-MS 15 D21 Washington, DC 20555-0001 Robert C. McDiarmid, Esq. Robert B. Nicholson, Assistant Chief Ben Finkelstein, Esq. Robert J. Wiggers, Esq.
Andrea G. Lonian, Esq. Appellate Section Spiegel & McDiarmid Antitrust Division 1333 New Hampshire Ave., N.W. U.S. Department of Justice Washington, DC 20036 950 Pennsylvania Avenue, N.W.
Washington, DC 20530 Davi A. Repka, Esq.
Counsel for Pacific Gas & Electric Company I
DC:385319.1
