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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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IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SAN LUIS OBISPO MOTHERS FOR PEACE, et al., )
Petitioners, )
V.) No. 03-74628 U.S. NUCLEAR REGULATORY COMMISSION )
and the UNITED STATES OF AMERICA, )
Respondents, and )
PACIFIC GAS AND ELECTRIC COMPANY, )
Intervenor. )
UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO PETITIONERS' MOTION FOR ATTORNEYS' FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT Pursuant to Rule 27 of the Federal Rules of Appellate Procedure and Ninth Circuit Rule 27-1, the Federal Respondents move for an extension of time from April 2, 2007, until April 17, 2006, to file their Response to Petitioners' "Motion for Attorneys' Fees and Costs Pursuant to Equal Access to Justice Act," served on February 14, 2007. The reasons for this request are set forth in the attached Declaration of Counsel. Counsel for Petitioners, Ms. Diane Curran, has graciously consented to the granting of this Motion.
sctfu submittd CHARLES. MULLINS Senior Attorney U.S. Nuclear Regulatory Commission (301) 415-1618 Dated: March 20, 2007
IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SAN LUIS OBISPO MOTHERS FOR PEACE, et al., )
Petitioners, )
- v. ) No. 03-74628 U.S. NUCLEAR REGULATORY COMMISSION )
and the UNITED STATES OF AMERICA, )
Respondents, and )
PACIFIC GAS AND ELECTRIC COMPANY, )
Intervenor. )
I DECLARATION OF CHARLES E. MULLINS I, CHARLES E. MULLINS, a senior attorney in the Office of the General Counsel at the U.S. Nuclear Regulatory Commission, hereby verify and affirm as follows:
- 1. Petitioners' served their Motion for Attorneys' Fees and Costs Under the Equal Access to Justice Act ("EAJA") on the Federal Respondents on February 14, 2007.
- 2. Under Rule 27 of the Federal Rules of Appellate Procedure and Ninth Circuit Rule 39-1.7, the Federal Respondents' Objection to the Petitioners' Motion was initially due on or before March 2, 2007.
- 3. By Order filed March 1, 2007, this Court granted Respondents' first Unopposed Motion for Extension of Time, which extended the filing deadline to April 2, 2007.
- 3. The Petitioners' motion seeks attorneys' fees and costs of
$162,572.78 and seeks reimbursement at an hourly rate above the statutory cap.
The Federal Respondents will need substantial time to review and analyze this request before responding to it.
- 4. In addition, the Federal Respondents are preparing a formal request to have this case assigned to the Office of the Chief Mediator for the Ninth Circuit for the Mediator's assistance in negotiating an agreement between the parties on the fee question.
- 5. The undersigned is lead counsel for this case, and is also lead counsel in other litigation for the U.S. Nuclear Regulatory Commission (which has independent litigating authority under 28 U.S.C. § 2341, et seq.), including State of New Jersey v. NRC, No. 06-5140 (3d Cir.), State of New Jersey v. NRC, No. 07-1559 (3d Cir.), State of New Jersey v. NRC, No. 07-1756 (3d Cir.), and Eastern Navajo Dine' Against Uranium Mining v. NRC, NO. 07-9505 (10th Cir.).
- 6. The undersigned also is assigned a full schedule of administrative assignments within the Office of the General Counsel, including review of administrative subpoenas, review of responses to requests under the Freedom of Information Act, and review of - and responses to - proposed legislation.
- 7. In addition, the undersigned is also completing a detail at the U.S.
Department of Justice, where he is lead counsel for the Federal government in
United States v. Able Time, Inc., No. 06-56033 (9th Cir.) (Reply Brief due March 28, 2007), which involves complex and novel issues of Customs law.
- 8. Given the press of litigation and normal assignments within the Office of the General Counsel and the Department of Justice, the undersigned has not been able to research and prepare the Federal Respondents' Response to the Petitioners' Motion for Fees under the EAJA.
- 9. Ms. Diane Curran, lead counsel for the Petitioners, has graciously consented to the granting of this Motion.
10.. For the foregoing reasons, an extension, to and including April 17, 2007, is needed to prepare the response of the Federal Respondents to the Petitioner's Motion for Attorneys' Fees and Costs Under the Equal Access to Justice Act, or have the case referred to the Office of the Chief Mediator..
I hereby declare under penalty of perjury that the foregoing is true and correct to the best of my ability. See 28 U.S.C. § 1746.
Res ct y submitted, J CHARLES E',. MtLLINS Senior Attorney Office of the General Counsel U.S. Nuclear Regulatory Commission (301) 415-1618 Executed on March 20, 2007.
CERTIFICATE OF SERVICE I hereby certify that on March 20, 2007, copies of Federal Respondents' Unopposed Motion for Extension of Time to Respond to Petitioners' Motion for Attorneys' Fees and Costs Under the Equal Access to Justice Act, were filed and served by Federal Express, overnight delivery, postage prepaid, upon this Court and the following counsel:
Diane Curran, Esq.
Harman, Curran, Spielberg & Eisenberg, L.L.P.
1726 M Street N.W., Suite 600 Washington, D.C. 20036 David A. Repka, Esq.
Winston & Strawn, L.L.P.
1400 L. Street, N.W.
Washington, D.C. 20005-3502 Kathryn Kovacs, Esq.
Appellate Section Environment and Natural Resources Division U.S. Department of Justice P.O. Box 23795, L'Enfant Plaza Station Washington, D 20026 Charles . Mullins Senior Attorney U.S. Nuclear Regulatory Commission Lead Counsel for Federal Respondents Dated: March 20, 2007.
