ML072490357
| ML072490357 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 08/16/2007 |
| From: | Balint E State of NJ, Office of Attorney General |
| To: | Waldron M Office of Nuclear Reactor Regulation, US Federal Judiciary, Court of Appeals, 3rd Circuit |
| Mulllins Charles | |
| References | |
| 07-2271 | |
| Download: ML072490357 (9) | |
Text
ANNE MILGRAM ATTORNEY GENERAL OF NEW JERSEY R.J. Hughes Justice Complex 25 Market Street P.O. Box 093 Trenton, New Jersey 08625 By: Ellen Barney Balint Deputy-Attorney General (609) 984-5065 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 07--2271 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION,
)
Petitioner, ) NOTICE OF MOTION ON CONSENT FOR SECOND EXTENSION OF TIME
- v. ) TO FILE PETITIONER'S BRIEF &
APPENDIX UNITED STATES NUCLEAR REGULATORY COMMISSION, UNITED STATES OF AMERICA,
& AMERGEN ENERGY COMPANY, L.L.C.,
Respondents.
TO: MARCIA M. WALDRON, Clerk U.S Court of Appeals Third Circuit 21400 U.S. Courthouse 601 Market Street Philadelphia, PA 19601-1790 Attn: Shannon L. Craven Case Manager Charles E. Mullins, Sr. Attorney Office of the General Counsel U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852-2738
Brad Fagg, Esquire Morgan, Lewis & Bockius, LLP 1111 Pennsylvania Avenue Washington, DC 20004 Petitioner, New Jersey Department of Environmental Protection, hereby moves this Court for a 30-day extension, to and including September 21, 2007, of the time in which to file its brief and appendix in the above-reference matter. Petitioner will rely on the attached certification of Deputy Attorney General Ellen Barney Balint.
Respectfully submitted, ANNE MILGRAM ATTORNEY GENERAL OF NEW JERSEY Attorney for Petitioner By: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Ellen Barney BalintJ Deputy Attorney General Dated: August 16, 2007 ANNE MILGRAM ATTORNEY GENERAL OF NEW JERSEY Attorney for Petitioner RoJ. Hughes Justice Complex P.O. Box 112 25 Market Street Trenton, New. Jersey 08625-0112 By: Ellen Barney Balint Deputy Attorney General (609)984-5065 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 07-2271 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, Petitioner, CERTIFICATION OF ELLEN BARNEY BALINT IN SUPPORT OF V. MOTION ON CONSENT FOR SECOND EXTENSION OF TIME TO UNITED STATES NUCLEAR FILE PETITIONER'S BRIEF &
REGULATORY COMMISSION, APPENDIX UNITED STATES OF AMERICA, &
AMERGEN ENERGY COMPANY, L.L.C.,
Respondents.
Ellen Barney Balint, of full age, certifies as true under penalty of perjury:
- 1. I am a Deputy Attorney General for the New Jersey Division of Law and am duly admitted to practice law before this Court. I am assigned to the Environmental Permitting and Counseling Section, which represents Petitioner, New Jersey
Department of Environmental Protection. This Certification is submitted in support of Petitioner's request for a thirty-day extension of time in which to file their brief.
- 2. I have discussed the circumstances necessitating Petitioner's current request for a 30-day extension of time with counsel for both Respondents. Senior Attorney Charles E. Mullins consented to Petitioner's current request on behalf of Respondent U.S. Nuclear Regulatory Commiss'ion and the U.S. Department of Justice. Likewise, Brad Fagg, Esquire, of Morgan, Lewis & Bockius, L.L.P., provided his consent on behalf of Respondent AmerGen Energy Company, L.L.C.
- 3. Petitioner's Petition for Review was filed on or about April 24, 2007.
- 4. This Court docketed this appeal on June 22, 2007.
- 5. On June 22, 2007, the Clerk of the Court entered a Briefing and Scheduling Order requiring Petitioner's to file their brief on or before August 1, 2007.
- 6. The two attorneys in this office who are primarily responsible for handling this matter are Senior Deputy Attorney General (SDAG) John A. Covino, and *Deputy Attorney General (DAG)
Valerie Anne Gray. SDAG Covino and DAG Gray have been jointly responsible this matter from its earliest stages and are intimately familiar with the facts and legal issues involved.
-2 -
- 7. On July 24, 2007, SDAG Covino moved for a 21-day extension of time to file Petitioner's Brief and Appendix. This first request for an extension was based on: (a) the complex and important policy issues involved; (b) the limited availability of SDAG Covino due to his supervisory responsibilities and of DAG Gray due to her recent return from extended disability leave; and (c) anticipated time required to conduct "internal review at levels above the normal supervisory review of draft briefs conducted within the Division of Law". (See Julv 24, 2007 Certification of John A. Covino, par. 2, 3 and 4).
- 8. On August 8, 2007, the Clerk of this Court entered an Order extending Petitioner's time to file its brief to August 22, 2007.
- 9. In anticipation of previously scheduled vacations which both began on August 11, 2007, SDAG Covino and DAG Gray worked long hours to prepare for internal review a draft of Petitioner's Brief by August 10, 2007. SDAG Covino is not scheduled to return to the office until after the August 22, 2007 due date, and DAG Gray is not scheduled to return from vacation until August 21, 2007. The anticipation was that the minor revisions normally involved in internal review could be handled by another attorney with nominal knowledge of the case. DAG Gray would then have been able to finalize the brief and supervise its
.service upon her return.
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- 10. Due to the significance of the nuclear safety issues involved to public policy, the level of supervisory/review participation in this matter is greater than anticipated. As indicated previously in the July 24, 2007, Certification of DAG Covino, Petitioner's brief in this matter must undergo high-level review prior to this office having authority to file it.
- 11. Unfortunately, as the draft brief has gone through the anticipated review process, there are more revisions requested than originally anticipated.
- 12. Given that both SDAG Covino and DAG Gray are on vacation during almost all of the remaining time before the current deadline for submitting, of the brief, and due to the amount of time which will be necessary to properly incorporate the supervisory revisions into the brief, it will not be possible to complete the brief, and receive authorization to file within the current deadline.
- 13. The above-described events were not foreseen at the time that Petitioner's first request for an extension was filed.
Ellen Barney Balint Deputy Attorney Gendral Dated: Trenton, New Jersey August 16, 2007
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ANNE MILGRAM ATTORNEY GENERAL OF NEW JERSEY R.J. Hughes Justice Complex 25 Market Street P.O. Box 093 Trenton, New Jersey 08625 By: Ellen Barney Balint Deputy Attorney General (609) 984-5065 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 07-2271 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, Petitioner, ) CERTIFICATION OF SERVICE V.
UNITED STATES NUCLEAR REGULATORY COMMISSION, UNITED STATES OF AMERICA,
& AMERGEN ENERGY COMPANY, L.L.C.,
Respondents.
I, Krystal Johnson, hereby certify:
- 1. I am a secretary in the Environmental Permitting and Counseling Section of the Division of Law, part of the New Jersey Department of Law and Public Safety.
- 2. On August 16, 2007, at the direction of Ellen Barney Balint, Deputy Attorney General, I caused to be placed a copy of
the Notice of Motion on Consent for Second Extension of Time to File Petitioner's Brief and Appendix, with supporting certification, to be served by overnight delivery service upon the following parties:
Charles E. Mullins, Sr. Attorney Office of the General Counsel U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852-2738 Brad Fagg, Esquire Morgan, Lewis & Bockius, LLP 1117 Pennsylvania Avenue Washington, DC 20004 I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.
D dryatt u 1 2hns0-Dated: August 16, 20017
- UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 07-2271 NJ Dept. of Env. Protection VS. NRC, et al.
The Clerk will enter my appearance as Counsel of Record for (please list names of all parties represented, using additional sheet(s) if needed):
New Jersey Department of Environmental Protection who IN THIS COURT is (please check only one):
/ Petitioner(s) Appellant(s) Intervenor (s)
Respondent(s) Appellee(s) Amicus Curiae (Type or Print) Name Ellen Barney Balint 0 Mr. 0 Ms. ()Mrs. 0 Miss Firm Anne Milgram, New Jersey Attorney General Address Hughes Justice Complex, P.O. Box 093, 25 Market Street City & State Trenton, NJ Zip Code 08625-0093 Phone (609 ) 984-5065 Fax (609) 984-9315 PLEASE TYPE E-Mail Address ellen.balint@dol. lps. state.nj us 7)
SIGNATURE OF COUNSEL: 'Ij7>vvx-'-~i ~ ~
ONLY COUNSEL OF RECORD SHALL ENTER AN APPEARANCE AND ONLY THAT ATTORNEY WILL BE THE ONE NOTIFIED OF THE COURT'S ACTION IN THIS CASE. OTHER ATTORNEYS WHO DESIRE NOTIFICATION SHOULD MAKE APPROPRIATE ARRANGEMENTS WITH COUNSEL OF RECORD.
ONLY ATTORNEYS WHO ARE MEMBERS OF THE BAR OF THE COURT OF APPEALS FOR THE THIRD CIRCUIT OR WHO HAVE SUBMITTED A PROPERLY COMPLETED APPLICATION FOR ADMISSION TO THIS COURT'S BAR MAY FILE AN APPEARANCE FORM. (BAR ADMISSION IS WAIVED FOR FEDERAL ATTORNEYS.)
IT IS IMPORTANT THA TALL REQUESTED INFORMATION BE PROVIDED AND THA T COUNSEL SIGN THE FORM IN THE APPROPRIATE AREA.
REV. 08/15/01