Filed Copy - Joint Motion to Amend Briefing Schedule - Massachusetts V NRC - 1st Cir 12-1404 and 12-1772| ML12257A339 |
| Person / Time |
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| Site: |
Pilgrim |
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| Issue date: |
09/13/2012 |
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| From: |
James Adler, Brock M, Gunter J, Doris Lewis
NRC/OGC, Pillsbury, Winthrop, Shaw, Pittman, LLP, State of MA, Office of the Attorney General, US Dept of Justice, Environment & Natural Resources Div, US Federal Judiciary, Court of Appeals, 1st Circuit |
|---|
| To: |
|
|---|
| James Adler |
| References |
|---|
| 12-1404, 12-1772 |
| Download: ML12257A339 (5) |
|
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|---|
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[Table view] |
Text
Case: 12-1772 Document: 00116430750 Page: 1 Date Filed: 09/13/2012 Entry ID: 5674624 UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT COMMONWEALTH OF )
MASSACHUSETTS, )
)
Petitioner, ) Nos. 12-1404
) and 12-1772
- v. ) (Consolidated)
)
UNITED STATES NUCLEAR )
REGULATORY COMMISSION and )
the UNITED STATES OF AMERICA, )
)
Respondents. )
JOINT MOTION TO AMEND BRIEFING SCHEDULE The parties to the above-captioned consolidated casesthe Commonwealth of Massachusetts, the United States Nuclear Regulatory Commission (NRC), the United States of America, and Intervenor Entergy Nuclear Operations, Inc. and Entergy Nuclear Generation Company (Entergy)hereby jointly move to amend the briefing schedule such that the response briefs for Respondents and the Intervenor would be due on October 10, 2012, and Petitioners reply brief would be due on October 26, 2010. We jointly seek this modest briefing schedule amendment for the following reasons:
Case: 12-1772 Document: 00116430750 Page: 2 Date Filed: 09/13/2012 Entry ID: 5674624
- 1. Petitioners opening brief was filed on August 29, 2012. This Courts CM/ECF electronic Notice of Docket Activity for that filing specified a due date of October 1, 2012 for the Respondents brief. As outlined below, Petitioner and Respondents have agreed that the briefing schedule amendment requested above would address the Respondents need for an extension of time to prepare their response brief while avoiding conflict with a previously scheduled trip by Petitioners counsel, and Intervenor Entergy does not object to the requested amendment.
- 2. In Hobbs Act cases like this one, the NRC and the United States typically join in a single response. The Department of Justice represents the United States. Collaborating on a single response requires consultation and coordination between NRC and the Justice Department, including supervisory reviews at the Department.
- 3. NRCs Solicitor has a small office with limited staff, and is responsible for supervising preparation of another brief for this Court in another case (Beyond Nuclear v. NRC, No. 12-1561) that is due on September 20, 2012. In addition, the Solicitor has longstanding commitments to attend to an ailing parent in New Jersey during a portion of the relevant time period.
2
Case: 12-1772 Document: 00116430750 Page: 3 Date Filed: 09/13/2012 Entry ID: 5674624
- 4. The Commonwealth of Massachusettss counsel has previously informed this Court by letter, dated August 29, 2012, that he expects to be out of the country from October 29, 2012 to November 16, 2012.
- 5. Respondents view the proposed amendment to the briefing schedule as sufficient to accommodate both the need for coordination between NRC and the Justice Department and the NRC Solicitors other commitments, while Petitioner expects that the proposed amended schedule will provide adequate time for preparation of a reply brief prior to Petitioners counsels scheduled foreign trip. Intervenor Entergy also has no objection to the proposed amendment.
Conclusion For the foregoing reasons, this Court should grant this joint motion to amend the briefing schedule in the above-captioned consolidated cases such that response briefs for Respondents and the Intervenor would be due on October 10, 2012, and the Petitioners reply brief would be due on October 26, 2012.
Respectfully Submitted, 3
Case: 12-1772 Document: 00116430750 Page: 4 Date Filed: 09/13/2012 Entry ID: 5674624
__s/ Matthew Brock_____ __s/ James E. Adler____
Matthew Brock James E. Adler Assistant Attorney General Attorney Environmental Protection Division Office of the General Counsel Office of the Attorney General U.S. Nuclear Regulatory One Ashburton Place Commission Boston, MA 02108 11555 Rockville Pike matthew.brock@state.ma.us Rockville, MD 20852 james.adler@nrc.gov
__s/ J. David Gunter II___ __s/ David R. Lewis____
J. David Gunter II David R. Lewis Attorney Pillsbury Winthrop Shaw Pittman, Appellate Section LLP United States Department of Justice 2300 N Street, N.W.
Environment & Natural Resources Washington, DC 20037 Division david.lewis@pillsburylaw.com P.O. Box 7415 Washington, DC 20044 david.gunter2@usdoj.gov Dated September 13, 2012.
4
Case: 12-1772 Document: 00116430750 Page: 5 Date Filed: 09/13/2012 Entry ID: 5674624 CERTIFICATE OF SERVICE I hereby certify that, on September 13, 2012, copies of this Joint Motion to Amend Briefing Schedule for the above-captioned consolidated cases were served electronically by the Courts CM/ECF system on the following:
Matthew Brock Office of the Attorney General One Ashburton Place Boston, MA 02108 matthew.brock@state.ma.us David R. Lewis Pillsbury Winthrop Shaw Pittman, LLP 2300 N Street, N.W.
Washington, DC 20037 david.lewis@pillsburylaw.com David Gunter United States Department of Justice Environment & Natural Resources Division Appellate Section P.O. Box 7415 Washington, D.C. 20044 david.gunter2@usdoj.gov
__s/ James E. Adler_______
James E. Adler September 13, 2012 5