ML101100314
| ML101100314 | |
| Person / Time | |
|---|---|
| Site: | Bellefonte  |
| Issue date: | 04/20/2010 |
| From: | Jay Dougherty Blue Ridge Environmental Defense League |
| To: | NRC/OCM |
| SECY RAS | |
| References | |
| 50-438-CP, 50-439-CP, ASLBP 10-896-01-CP-BD01, LBP-10-07, RAS 17743 | |
| Download: ML101100314 (4) | |
Text
April 20, 2010 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of Tennessee Valley Authority Docket Nos. 50-438 and 50-439 Bellefonte Nuclear Power Plant Units 1 and 2 MOTION BY BLUE RIDGE ENVIRONMENTAL DEFENSE LEAGUE, ITS CHAPTER BELLEFONTE EFFICIENCY AND SUSTAINABILITY TEAM AND THE SOUTHERN ALLIANCE FOR CLEAN ENERGY FOR ADDITIONAL TIME IN WHICH TO FILE APPEAL OF LBP-10-07 The above-designated Petitioners/Appellants hereby request leave of the Commission to file the attached Brief on Appeal of LBP-10-07 out of time. In support of this request, Petitioners/Appellants aver that:
(1) Petitioners counsel, not having been involved in NRC licensing proceedings for some 25 years, appeared in this proceeding only a short while ago - February 16, 2010.
In that time the Rules of Practice, as well as the Atomic Energy Act itself, have undergone substantial changes. It has required a great deal of time and work on his part to become conversant with the case file as well as the pertinent sources of legal authority; (2) The undersigned, a sole practitioner of law, has been atypically tied up with other matters to which he was committed before his appearance in this proceeding, including but not limited a brief filed yesterday in the D.C. Circuit Court of Appeals (Hardin v.
Jackson, No. 09-5365) and an oral argument scheduled for April 22 (Commonwealth of Virginia v. BREDL, Va. Ct. App. Nos. 2221-09-02, 2222-09-02.)
1
In accordance with 10 C.F.R. § 2.323(b), counsel for the Staff has discussed this motion with counsel for the other participants in this proceeding. Counsels for the TVA did not consent to the granting of this motion. Lead counsel for the Staff could not be reached despite several attempts yesterday and today; associate counsel could not take a position.
Respectfully submitted, Signed (electronically) this 20th day of April, 2010, in Washington, D.C.
James B. Dougherty 709 3rd St. S.W.
Washington, D.C. 20024 202-488-1140 (v) 202-484-1789 (f) jimdougherty@aol.com Counsel for Appellants Blue Ridge Environmental Defense League, et al.
2
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of Tennessee Valley Authority Docket Nos. 50-438 and 50-439 Bellefonte Nuclear Power Plant April 20, 2010 Units 1 and 2 CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing were served this day on the following persons via Electronic Information Exchange:
Office of the Secretary (E-mail: lgorenflo@gmail.com)
ATTN: Docketing and Service Mail Stop 0-16C1 Kathryn M. Sutton, Esq.
US Nuclear Regulatory Commission Lawrence J. Chandler, Esq.
Washington, DC 20555-0001 Morgan, Lewis & Bockius LLP (E-mail: hearingdocket@nrc.gov) 1111 Pennsylvania Ave., NW Washington, DC 20004 Office of Commission Appellate (E-mail: ksutton@morganlewis.com, Adjudication lchandler@morganlewis.com)
US Nuclear Regulatory Commission Washington, DC 20555-0001 Martin J. ONeill, Esq.
(E-mail: ocaamail@nrc.gov) Morgan, Lewis & Bockius LLP 1000 Louisiana St., Suite 4000 Patrick A. Moulding, Esq. Houston, TX 77002 Ann P. Hodgdon, Esq. E-mail:
US Nuclear Regulatory Commission martin.oneill@morganlewis.com Mail Stop O-15 D21 Washington, DC 20555-0001 Edward J. Vigluicci, Esq.
(E-mail: patrick.moulding@nrc.gov, Scott A. Vance, Esq.
ann.hodgdon@nrc.gov) Tennessee Valley Authority 400 West Summit Hill Dr., WT 6A-K Knoxville, TN 37902 (E-mail: ejvigluicci@tva.gov, Louise Gorenflo savance@tva.gov)
Bellefonte Efficiency & Sustainability Team 185 Hood Drive Crossville, TN 28555 3
Andrea Z. Jones, Esq.
Counsel for NRC Staff US Nuclear Regulatory Commission Office of the General Counsel Mail Stop: O-15 D21 Washington, DC 20555-0001 Signed (electronically) this 20th day of April, 2010 in Washington, D.C.
James B. Dougherty, Esq.
709 3rd St. S.W.
Washington, D.C. 20024 (202) 488-1140(v)
(E-mail: jimdougherty@aol.com) 4