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Category:Legal-Motion
MONTHYEARML15251A6782015-09-0404 September 2015
Motion for Leave to Intervene by First Energy Nuclear Operating Company
ML15132A5152015-05-12012 May 2015
Certificate of Service of Beyond Nuclear Reply to Oppositions to Motion to Admit New Contention
ML15128A2912015-05-0808 May 2015
Beyond Nuclear'S Motion to Amend Nepa Placeholder Contention in License Renewal Proceeding for Davis-Besse Nuclear Power Plant
ML15132A1972015-05-0808 May 2015
Certificate of Service for Beyond Nuclear'S Motion to Amend NEPA Placeholder Contention, Filed May 8, 2015
ML15128A2982015-05-0808 May 2015
Reply by Beyond Nuclear, Blue Ridge Environmental Defense League, Nuclear Information and Resource Service, Seed Coalition and Southern Alliance for Clean Energy to Oppositions by Applicants and NRC Staff to Motions to Admit New Contentions
ML15112B2012015-04-22022 April 2015
Beyond Nuclear'S Hearing Request and Motion to Intervene
ML15112B1992015-04-22022 April 2015
Beyond Nuclear Motion to Reopen Record of License Renewal Proceeding
ML15112B2022015-04-22022 April 2015
Standing Declaration of Victoria Clemons
ML15065A2222015-03-0606 March 2015
FENOC Motion for Clarification Regarding Termination of Proceeding
ML14364A4052014-12-30030 December 2014
Intervenors' Second Motion to Supplement Contention No. 7 on Worsening Shield Building Cracking and Inadequate Amps in Shield Building Monitoring Program
ML14335A7802014-12-0101 December 2014
Joint Proposed Corrections to the Transcript of the Oral Argument Held on November 12, 2014
ML14315A0492014-11-11011 November 2014
Notice of Filing of Riley Email (Exhibit a to Contention No. 7)
ML14311A9892014-11-0707 November 2014
Petitioners and Intervenors Consolidated Reply to Answers to Petitions to Suspend Final Reactor Licensing Decisions, Motions to Admit a New Contention, and Motions to Reopen the Record
ML14255A0302014-09-12012 September 2014
Erratum to Intervenors' Motion to Amend and Supplement Contention No. 7 on Worsening Shield Building Cracking and Inadequate AMPs in Shield Monitoring Program
ML14252A8982014-09-0909 September 2014
Unopposed Motion to Establish Consolidated Briefing Schedule for Proposed Contention 7 Admissibility Filings
ML14251A6092014-09-0808 September 2014
Intervenors Motion to Amend and Supplement Contention No. 7 on Worsening Shield Building Cracking and Inadequate AMPs in Shield Building Monitoring Program
ML14245A6562014-09-0202 September 2014
Intervenors' Motion for Admission of Contention No. 7 on Worsening Shield Building Cracking and Inadequate Amps in Shield Building Monitoring Program
ML14144A0002014-05-23023 May 2014
Intervenors' Reply in Support of Motion for Admission of Contention No. 6 on Shield Building Concrete Void, Cracking and Broken Rebar Problems
ML14112A0072014-04-21021 April 2014
Motion for Admission of Contention No. 6 on Shield Building Concrete Void, Cracking and Broken Rebar Problems
ML14112A0082014-04-15015 April 2014
Exhibit 7 - Request for Additional Information (Rai), April 15, 2014
ML14113A0012014-04-14014 April 2014
Exhibit 3 - Declaration of Victoria Clemons
ML14058A6822014-02-27027 February 2014
Certificate of Service of Petition to Suspend
ML14058A6832014-02-27027 February 2014
Petition to Suspend Reactor Licensing Decisions and Reactor Re-Licensing Decisions Pending Completion of Rulemaking Proceeding Regarding Environmental Impacts of High-Density Pool Storage of Spent Fuel and Mitigation Measures
ML14112A0092014-02-19019 February 2014
Exhibit 1 - Preliminary Notice of Event or Occurrence, February 19, 2014
ML14112A0032014-02-15015 February 2014
Exhibit 2 - Toledo Blade Article, Davis-Besse Had Air Gap in Shield Building, February 15, 2014
ML13277A7252013-10-0303 October 2013
Intervenors' Memorandum in Opposition to 'Fenoc'S Petition for Certification of Waste Confidence-Related Question to the Commission Pursuant to 10CFR2.323(f)(2).'
ML13266A4322013-09-23023 September 2013
Fenoc'S Petition for Certification of Waste Confidence-Related Question to the Commission Pursuant to 10 C.F.R. Section 2.32.(f)(2)
ML14112A0042013-09-20020 September 2013
Exhibit 6 - Preliminary Notice of Event or Occurrence, September 20, 2013
ML13192A2842013-07-11011 July 2013
Firstenergy Nuclear Operating Company'S Answer Supporting the NRC Staff'S Motion to Strike Portions of Petitioners Reply
ML13192A5052013-07-11011 July 2013
Petitioners' Reply in Opposition to NRC Staff Motion to Strike
ML13190A2162013-07-0808 July 2013
Petitioners' Reply in Opposition to FENOC 'Motion to Strike'
ML13182A4792013-07-0101 July 2013
NRC Staff Motion to Strike Portions of Joint Petitioners Reply or, in the Alternative, for Leave to Reply
ML13179A4032013-06-28028 June 2013
Firstenergy Nuclear Operating Company'S Motion to Strike Portions of Petitioners' Reply
ML13173A0012013-06-21021 June 2013
Petitioners' Reply in Support of Petition to Intervene and for an Adjudicatory Public Hearing of FENOC License Amendment Request
ML14112A0062013-05-20020 May 2013
Exhibit 8 - Expert Witness Report of Arnold Gundersen, 50-246-LA
ML12334A2602012-11-29029 November 2012
Joint Proposed Corrections to the Transcript of the Oral Argument Held on November 5-6, 2012
ML12304A0652012-10-30030 October 2012
Motion to File Intervenors' Motion for Reconsideration of ASLB Order Granting Fenoc'S Motion to Strike Nunc Pro Tunc
ML12297A3532012-10-22022 October 2012
Intervenors' Motion for Reconsideration of ASLB Order Granting Fenoc'S Motion to Strike Intervenors' Reply in Opposition to Firstenergy'S Motion for Summary Disposition of Contention 4 (SAMA Analysis-Source Terms)
ML12278A0402012-10-0404 October 2012
Intervenors' Response in Opposition to Fenoc'S Motion to Strike 'Intervenors' Reply in Opposition to Firstenergy'S Motion for Summary Disposition of Contention 4 (SAMA Analysis - Source Terms).'
ML12268A3762012-09-24024 September 2012
Fenoc'S Motion to Strike Intervenors' Reply in Opposition to Firstenergy'S Motion for Summary Disposition of Contention 4 (SAMA Analysis - Source Terms).
ML12258A7772012-09-14014 September 2012
Intervenors' Reply in Opposition to 'Firstenergy'S Motion for Summary Disposition of Contention 4 (Sama Analysis - Source Terms).'
ML12237B1972012-08-24024 August 2012
Intervenors' Combined Reply to NRC and FENOC Answers to Inervenors' Third and Fourth Motions to Amend And/Or Supplement Proposed Contention No. 5 (Shield Building Cracking)
Information Notice 2010-12, Intervenors' Fifth Motion to Amend and/or Supplement Proposed Contention No. 5 (Shield Building Cracking). Appendix VI: NRC FOIA Responses (B-51 Through B-53); Turkey Point Event Report; NRC Information Notice 2010-12: Contain2012-08-17017 August 2012
Intervenors' Fifth Motion to Amend and/or Supplement Proposed Contention No. 5 (Shield Building Cracking). Appendix VI: NRC FOIA Responses (B-51 Through B-53); Turkey Point Event Report; NRC Information Notice 2010-12: Containment Liner Cor
Information Notice 2010-12, Intervenors' Fifth Motion to Amend And/Or Supplement Proposed Contention No. 5 (Shield Building Cracking). Appendix VI: NRC FOIA Responses (B-51 Through B-53); Turkey Point Event Report; NRC Information Notic2012-08-17017 August 2012
Intervenors' Fifth Motion to Amend And/Or Supplement Proposed Contention No. 5 (Shield Building Cracking). Appendix VI: NRC FOIA Responses (B-51 Through B-53); Turkey Point Event Report; NRC Information Notice 2010-12: Containment Liner Cor
Information Notice 2010-12, Intervenors' Fifth Motion to Amend and/or Supplement Proposed Contention No. 5 (Shield Building Cracking). Appendix VI: NRC FOIA Responses (B-51 Through B-53); Turkey Point Event Report; NRC Information Notice 2010-12: Con2012-08-17017 August 2012
Intervenors' Fifth Motion to Amend and/or Supplement Proposed Contention No. 5 (Shield Building Cracking). Appendix VI: NRC FOIA Responses (B-51 Through B-53); Turkey Point Event Report; NRC Information Notice 2010-12: Containment Liner Cor
ML12230A0032012-08-17017 August 2012
Intervenors' Fifth Motion to Amend And/Or Supplement Proposed Contention No. 5 (Shield Building Cracking). Appendix VI: NRC FOIA Responses (B-49 Through B-50)
ML12230A0022012-08-17017 August 2012
Intervenors' Fifth Motion to Amend And/Or Supplement Proposed Contention No. 5 (Shield Building Cracking). Appendix VI: NRC FOIA Responses (B-44 Through B-48)
ML12230A0012012-08-17017 August 2012
Intervenors' Fifth Motion to Amend And/Or Supplement Proposed Contention No. 5 (Shield Building Cracking). Appendix VI: NRC FOIA Responses (B-39 Through B-43)
ML12230A0002012-08-17017 August 2012
Intervenors' Fifth Motion to Amend And/Or Supplement Proposed Contention No. 5 (Shield Building Cracking). Appendix VI: NRC FOIA Response (B-33 Through B-38)
ML12229A5872012-08-16016 August 2012
Intervenors' Fifth Motion to Amend And/Or Supplement Proposed Contention No. 5 (Shield Building Cracking). Appendix III: NRC FOIA Responses (B-24 Through B-26)
2015-09-04
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October 12, 2011 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of ) Docket No. 50-346 First Energy Nuclear Operating Company )
(Davis-Besse Nuclear Power Station, Unit 1)
)
(Regarding the Renewal of Facility Operating License NPF-003 for a 20-Year )
Period)
)
REFILED MOTION FOR LEAVE FOR INTERVENORS OPPOSITION TO FENOC AND NRC STAFF MOTIONS TO STRIKE PORTIONS OF INTERVENORS REPLY IN SUPPORT OF ADMITTING CONTENTION CONCERNING FUKUSHIMA DAI-ICHI ACCIDENT TO BE DEEMED FILED INSTANTER Beyond Nuclear, Citizens Environment Alliance of Southwestern Ontario, Dont Waste Michigan, and the Green Party of Ohio (Intervenors), by and through counsel, hereby REFILE1 their motion move to have their Opposition to FENOC and NRC Staff Motions to Strike Portions of Intervenors Reply in Support of Admitting Contention Concerning Fukushima Dai-ichi Accident to be deemed filed instanter as of October 6, 2011.
Intervenors counsel admits that he inadvertently believed that his clients response to the motions to strike was due 14, not 10, days following filing, which would have been October 6, 1
Intervenors filed this motion with the EIE program in W ordperfect X4 format on Friday, October 7, 2011.
There has been no acknowledgment nor notice of that motion filing sent to counsel for Intervenors. Consequently, Intervenors now refile the motion in .pdf format.
2011. Counsel has extensive practice experience in the federal courts, where 14 days is the rule norm for response to procedural motions. His was an honest mistake, for counsel has been overwhelmed with work. During the week of September 30, some 20 hours2.314815e-4 days <br />0.00556 hours <br />3.306878e-5 weeks <br />7.61e-6 months <br /> of his time was spent in preparing voluminous discovery responses in a civil rights lawsuit, Golembiewski v.
Logie, Case No. 11-cv-57, pending in U.S. District Court in Toledo. Then counsel was reqiured to prepare for oral argument at the Sixth Circuit Circuit Court of appeals in a complicated environmental law appeal captioned Weiss v. Salazar, Case No. 10-1313, on October 11, 2011.
Over 250 pages of briefing has been filed in that matter. Also as to that appeal, counsel must respond to a 13-page Suggestion of Mootness filed in Case No. 10-1313 on September 29, 2011, which is due prior to the oral argument, as undoubtedly the topic of alleged mootness will be an issue on October 11 at oral argument.
Counsel further had to finalize and file a response to a motion for summary judgment in a state court insurance coverage case captioned Mason v. Hallowell, Case No. CI 0201007239, pending in Lucas County (Ohio) Court of Common Pleas on October 5. That motion for summary judgment was filed in early August (and the response did get in). Finally, counsel had to research and prepare the late-filed memorandum in opposition to the FENOC and NRC motions to strike in this NRC operating license renewal case, laboring under the incorrect impression that he had until October 6, 2011 as a deadline, for which counsel apologizes.
Intervenors filed on October 6 a 5 page memorandum setting forth arguments of law as their opposition to the motions to strike. FENOC and the NRC Staff can ill maintain that they are prejudiced by the 3-day delay in filing, as the addition of 3 days to the overall time the Board expends in determining the motions to strike should be of negligible import.
Intervenors submit that the longstanding, pre-existing workload of their attorney as outlined above provides adequate explanation such as should allow their memorandum to be considered part of the record. Counsel and Intervenors do not have a record of delaying these proceedings and have repeatedly met the time constraints imposed by NRC regulations and procedure.
WHEREFORE, Intervenors pray the Court allow their opposition memorandum to the motions to strike to be deemed timely filed, instanter, as of October 6, 2011.
Respectfully submitted this 12th day of October, 2011.
/s/ Terry J. Lodge Terry J. Lodge (OH #0029271) 316 N. Michigan St., Ste. 520 Toledo, OH 43604-5627 (419) 255-7552 Fax (419) 255-8582 Tjlodge50@yahoo.com Counsel for Intervenors October 12, 2011 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of ) Docket No. 50-346 First Energy Nuclear Operating Company )
(Davis-Besse Nuclear Power Station, Unit 1)
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoingMOTION FOR LEAVE FOR INTERVENORS OPPOSITION TO FENOC AND NRC STAFF MOTIONS TO STRIKE PORTIONS OF INTERVENORS REPLY IN SUPPORT OF ADMITTING CONTENTION CONCERNING FUKUSHIMA DAI-ICHI ACCIDENT TO BE DEEMED FILED INSTANTER have been served on the following persons via Electronic Information Exchange this 12th day of October, 2011:
William E. Kastenberg Office of Commission Appellate Administrative Judge Adjudication E-mail: wek1@nrc.gov U.S. Nuclear Regulatory Commission Hillary Cain Washington, DC 20555-0001 Law Clerk E-mail: ocaamail@nrc.gov E-mail: hillary.cain@nrc.gov U.S. Nuclear Regulatory Commission.
Atomic Safety and Licensing Board Panel Office of the Secretary of the Commission Mail Stop T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Mail Stop O-16C1 William J. Froehlich, Chair Washington, DC 20555-0001 Administrative Judge Hearing Docket E-mail: William.froehlich@nrc.gov E-mail: hearingdocket@nrc.gov Nicholas G. Trikouros Office of the General Counsel Administrative Judge U.S. Nuclear Regulatory Commission E-mail: nicholas.trikouros@nrc.gov Mail Stop O-15D21 Washington, DC 20555-0001 Edward L. Williamson, Esq.
E-mail: edward.williamson@nrc.gov Lloyd B. Subin, Esq.
E-mail: lloyd.subin@nrc.gov Brian Harris, Esq.
E-mail: brian.harris@nrc.gov Brian P. Newell, Paralegal E-mail: brian.newell@nrc.gov OGC Mail Center :
OGCMailCenter@nrc.gov FirstEnergy Service Company.
Mailstop: A-GO-15 76 South Main Street Akron, OH 44308 David W. Jenkins, Esq.
E-mail : djenkins@firstenergycorp.com Morgan, Lewis & Bockius Pennsylvania Avenue, NW Washington, D.C. 20004 Stephen Burdick, Esq.
E-mail: sburdick@morganlewis.com Alex Polonsky, Esq.
E-mail: apolonsky@morganlewis.com Kathryn M. Sutton, Esq.
E-mail: ksutton@morganlewis.com Martin ONeill, Esq.
E-mail: martin.oneill@morganlewis.com Timothy Matthews, Esq.
E-mail: tmatthews@morganlewis.com Mary Freeze, Legal Secretary E-mail: mfreeze@morganlewis.com Lisa Harris, Legal Secretary E-mail: lisa.harris@morganlewis.com
/s/ Terry J. Lodge Terry J. Lodge (OH #0029271) 316 N. Michigan St., Ste. 520 Toledo, OH 43604-5627 (419) 255-7552 Tjlodge50@yahoo.com Counsel for Intervenors
