ML080580085
| ML080580085 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 02/21/2008 |
| From: | Hamrick S, Mcfadden L Entergy Nuclear Generation Co, Entergy Nuclear Operations, Entergy Nuclear Vermont Yankee, NRC/OGC, US Dept of Justice, Environment & Natural Resources Div |
| To: | Donovan R US Federal Judiciary, Court of Appeals, 1st Circuit |
| Hamrick C, OGC, 301-415-4106 | |
| References | |
| 07-1482, 07-1483 | |
| Download: ML080580085 (5) | |
Text
INUCLEAR UNITED STATES NUCLEAR REGULATORY COMMISSION 0
WASHINGTON, D.C. 20555-0001 OFFICE OF THE February 21, 2008 GENERAL COUNSEL Richard Cushing Donovan, Clerk U.S. Court of Appeals for the First Circuit United States Courthouse I Courthouse Way, Suite 2500 Boston, MA 02210 VIA FEDERAL EXPRESS RE:
Commonwealth of Massachusetts v. United States Nuclear Regulatory Commission and United States ofAmerica, Nos. 07-1482, 07-1483 (consolidated)
Dear Mr. Donovan:
Enclosed you will find for filing an original plus 3 copies of the Federal Respondents' Motion for Leave to File a Reply to the Commonwealth's Supplemental Brief in the above-captioned matter. Also enclosed are nine copies of the Federal Respondents' Reply to the Commonwealth's Supplemental Brief and a copy of the Brief on a compact disc in Word Perfect format. Please date stamp the enclosed copy of this letter to indicate date of receipt, and return the copy to me in the enclosed envelope, postage pre-paid, at your convenience.
Respectfully submitted, Steven C. Hamrick Office of the General Counsel (301) 415-4106 sch 1@nrc.gov cc: service list
IN THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT COMMONWEALTH OF MASSACHUSETTS
)
Petitioner,
)
V.
)
Nos. 07-1482 and
)
07-1483 U.S. NUCLEAR REGULATORY COMMISSION
)
(consolidated) and the UNITED STATES OF AMERICA,
)
Respondents, and
))
ENTERGY NUCLEAR OPERATIONS, INC.,
)
ENTERGY NUCLEAR VERMONT YANKEE
)
LLC, AND ENTERGY NUCLEAR
)
GENERATION COMPANY
)
Intervenors.
)
FEDERAL RESPONDENTS' MOTION FOR LEAVE TO FILE A REPLY TO THE COMMONWEALTH'S SUPPLEMENTAL BRIEF The Nuclear Regulatory Commission and the United States ("Federal Respondents") move for leave to file a short (6-page) reply to the Commonwealth's Supplemental Brief. Fed. R. App. P. 27. We have tendered with this motion copies of our reply. This Court should grant leave to file the reply for the following reasons:
- 1. The Commonwealth's supplemental brief suggests (incorrectly) that it was "new demands by the NRC for concessions by the Commonwealth on its substantive case" that derailed settlement negotiations that this Court suggested (at oral argument). See Pet. Sup. Br. at 12, n. 19. A reply is appropriate to allow
federal respondents to point to First Circuit Rule 33(c). That rule "prohibit[s]"
counsel "from disclosing any substantive information emanating from the
[settlement] conference to anyone other than their clients or co-counsel."
- 2. The Commonwealth's supplemental brief argues that a remark in NRC's "Statement of Considerations" accompanying a 2004 NRC regulation - a remark not cited in the Commonwealth's principal briefs - contradicts NRC's legal position that the Commonwealth can invoke "interested state" status to participate in NRC proceedings and ultimately seek judicial review. See Pel._Sup. Br. at 6-7._
A reply is appropriate to allow federal respondents to explain that, read in context, the 2004 statement shows no contradiction.
- 3. Federal respondents are hesitant to burden this Court with additional pleadings, but-the two particular points raised above may cause confusion and thus warrant a reply. We have kept our reply short (6 pages).
2
For the foregoing reasons, this Court should grant federal respondents' motion to file a reply to the Commonwealth's supplemental brief and direct the Clerk's Office to file our tendered reply brief.
Respectfully submitted, Lane M. McF~clden Attomey Appellate Section Environment and Natural Resources Division U.S. Department of Justice 202-353-9022 Steven C. Hamrick A tto rn e y.......................
Office of the General'Counsel U.S. Nuclear Regulatory Commission (301) 415-4106 February 21, 2008 3
CERTIFICATE OF SERVICE I, Steven Hamrick, hereby certify that on February 21, 2008, I served copies of the Federal Respondents Motion for Leave to File a Reply to the C6mmonwealth's Supplemental Brief on the following parties by way of first class mail:
Diane Curran Harmon, Curran, Spielberg & Eisenberg, L.L.P.
1726 M Street N.W., Suite 600 Washington, D.C. 20036 Matthew Brock Assistant Attorney General, Environmental Protection Division Commonwealth of Massachusetts One Ashburton Place Boston, MA 02108 David Lewis, Paul Gaukler Pillsbury Winthrop Shaw Pittman LLP 2300 N Street, N.W.
Washington, D.C. 20037 Date Steven C. Hamrick Attorney Office of the General Counsel U.S. Nuclear Regulatory Commission