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Category:Legal-Pleading
MONTHYEARML13231A2972013-08-18018 August 2013
Citizens Oversight'S Answer to Motion Vacate Ruling of ASLB on Petition to Intervene and Request a Hearing and the Subsequent Appeal of That Ruling
ML13183A5402013-07-0202 July 2013
NRC Staff'S Answer to Motion to Submit Brief Amici Curiae
ML13168A4312013-06-17017 June 2013
Friends of the Earth'S Motion for an Extension of Time in Which to File an Answer to Staff'S Motion to Vacate
ML13154A3952013-06-0303 June 2013
NRC Staff'S Answer to Foe & Nrdc'S Motion to Convene a Board and Consolidate License Amendment Proceedings
ML13154A5202013-06-0303 June 2013
Southern California Edison Company'S Answer Opposing Motion to Notice a De Facto License Amendment Proceeding, Convene a Board, Consolidate License Amendment Proceedings, and Prohibit No Significant Hazards Consideration Determinations
ML13130A3742013-05-10010 May 2013
Notice of Withdrawal for Maxwell C. Smith
ML13130A3722013-05-10010 May 2013
Notice of Withdrawal of Maxwell C. Smith, on Behalf of the U.S. Nuclear Regulatory Commission in the Matter of San Onofre, Units 2 and 3
ML13070A4702013-03-11011 March 2013
Southern California Edison Company'S Answer Opposing Friends of the Earth'S Motion to Bar Board Notifications
ML13059A6452013-02-28028 February 2013
NRC Staff'S Answer Opposing Sce'S Motion to Strike Portions of the Declaration of John Large
ML13059A4732013-02-28028 February 2013
Friends of the Earth'S Answer to Southern California Edison Company'S Motion to Strike Portions of Declaration of John Large
ML13044A8402013-02-13013 February 2013
Reply Brief of Petitioner Friends of the Earth
ML13039A1082013-02-0808 February 2013
Southern California Edison Company'S Answer in Opposition to the Citizens Oversight Petition for Review of LBP-12-25
ML13039A1932013-02-0808 February 2013
NRC Staff Answer to Citizens Oversight Appeal
ML13036A1252013-02-0505 February 2013
Friends of the Earth'S Answer Opposing Motion by Nuclear Energy Institute for Leave to File Amicus Curiae Brief
ML13032A0482013-02-0101 February 2013
Southern California Edison Company'S Answer Opposing Petitioner'S Extension Request
ML13031A5472013-01-31031 January 2013
Friend'S of the Earth'S Motion for Extension of Time
ML13030A4622013-01-30030 January 2013
SCE Brief on Issues Referred by the Commission, Attachments 12 - 24
ML13030A4512013-01-30030 January 2013
SCE Brief on Issues Referred by the Commission, Attachments 1 to 5, Including Affidavits of Richard Brabec, Vickram Nazareth, Confirmatory Action Letter CAL 4-12-001
ML13030A4672013-01-30030 January 2013
SCE Brief on Issues Referred by the Commission, Attachments 25 to 37
ML13030A4952013-01-30030 January 2013
Affidavit of Mr. Kenneth J. Karwoski Concerning Foe'S Claims Regarding Staff'S March 27, 2012 CAL Issued to SCE (Attachment to NRC Staff Answering Brief Dated 1/30/13)
ML13030A4982013-01-30030 January 2013
Appendix 1 to NRC Staff Answering Brief - Documents That Provide Material Support for Staff'S Arguments
ML13030A5012013-01-30030 January 2013
Corrected Certificate of Service for NRC Staff'S Answering Brief in the San Onofre Nuclear Generating Station CAL Proceeding
ML13030A4412013-01-30030 January 2013
Southern California Edison Company'S Brief on Issues Referred by the Commission
ML13030A4962013-01-30030 January 2013
NRC Staff'S Answering Brief in the San Onofre Nuclear Generating Station CAL Proceeding
ML13028A1142013-01-28028 January 2013
NRC Staff'S Answer to Southern California Edison'S (Sce'S) Motion for Sanctions
ML13025A1972013-01-25025 January 2013
Friends of the Earth'S Answer to Southern California Edison Company'S Motion for Sanctions Against Friends of the Earth
ML13023A1372013-01-22022 January 2013
Corrected Attachment 1 to Opening Brief of Petitioner -Affidavit of John H. Large
ML13018A4452013-01-18018 January 2013
Natural Resources Defense Council'S Amicus Response in Support of Friends of the Earth Opening Brief
ML13011A3082013-01-11011 January 2013
Opening Brief of Petitioner, Friends of the Earth (Non-Proprietary)
ML13011A3052013-01-11011 January 2013
Attachment 3 to Opening Brief of Petitioner - Hirsch Report
ML13011A3072013-01-11011 January 2013
Attachment 4 to Opening Brief of Petitioner - Petition to Intervene and Request for Hearing by Friends of the Earth
ML13011A3062013-01-0909 January 2013
Attachment 2 to Opening Brief for Petitioner - Curriculum Vitae and Affidavit of Arnold Gundersen
ML12354A5302012-12-19019 December 2012
NRC Staff'S Answer to Citizens Oversight'S Objection to the Use of Nondisclosure Agreements
ML12354A4762012-12-19019 December 2012
Petitioner'S Reply to Answers of NRC Staff and SCE to Motion to Amend the Proposed Scheduling Order and Clarify Scope of Disclosure
ML12349A0232012-12-14014 December 2012
NRC Staff'S Answer to Petitioner'S Motion to Amend the Proposed Scheduling Order and Clarify Scope of Disclosure
ML12349A1162012-12-14014 December 2012
Southern California Edison Company'S Answer Opposing Citizens Oversight'S Objection to the Board'S December 10, 2012 Protective Order
ML12348A5072012-12-13013 December 2012
Southern California Edison Company'S Answer Opposing Petitioner'S Motion to Amend the Board'S December 7, 2012 Order
ML12318A3222012-11-13013 November 2012
Southern California Edison Company'S Answer Opposing Petition to Intervene and Request for Hearing by Citizens Oversight
ML12299A5132012-10-25025 October 2012
NRC Staff'S Response to Request That the NRC Decide Petition to Intervene and Application to Stay Restart Decision
ML12297A4872012-10-23023 October 2012
Southern California Edison Company'S Response to Request That the NRC Decide Petition to Intervene and Application by Friends of the Earth to Stay Any Decision to Restart Units 2 or 3 at the San Onofre Nuclear Generating Station
ML12258A0842012-09-14014 September 2012
Notice of Withdrawal for Lauren Woodall in the Matter of San Onofre Nuclear Generating Station
ML12202B2112012-07-20020 July 2012
Supplemental Declaration of Lyn Harris Hicks
ML12202B2122012-07-20020 July 2012
Reply to Sce'S and NRC Staff'S Answer to Petition to Intervene and Request for Hearing by Friends of the Earth
ML12195A3302012-07-13013 July 2012
NRC Staff'S Answer to Petition to Intervene and Request for Hearing by Friends of the Earth on the Restart of the San Onofre Reactors
ML12195A0242012-07-13013 July 2012
Southern California Edison Company'S Answer Opposing Friends of the Earth'S Hearing Request and the Natural Resources Defense Council Response Regarding San Onofre Nuclear Generating Station Units 2 and 3
ML12180A6512012-06-28028 June 2012
Southern California Edison'S Answer Opposing Friends of the Earth'S Application to Stay Any Decision to Restart Units 2 or 3 at the San Onofre Nuclear Generating Station
ML12180A5082012-06-28028 June 2012
Notice of Appearance for Lauren Woodall
ML12118A5412012-04-27027 April 2012
Joint Answer Opposing Hearing Requests Regarding Sufficiency of Order EA-12-051 Modifying Licenses with Regard to Spent Fuel Pool Instrumentation
ML12118A5402012-04-27027 April 2012
Notices of Appearance of Paul M. Bessette and Stephen J. Burdick
ML13030A4562009-06-25025 June 2009
SCE Brief on Issues Referred by the Commission, Attachments 6 to 11
2013-08-18
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Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
) Docket Nos. 50-361-CAL
) & 50-362-CAL SOUTHERN CALIFORNIA EDISON CO. )
) ASLBP No. 13-924-01-CAL-BD01 (San Onofre Nuclear Generating Station, )
Units 2 and 3) ) February 5, 2012
)
FRIENDS OF THE EARTHS ANSWER OPPOSING MOTION BY NUCLEAR ENERGY INSTITUTE FOR LEAVE TO FILE AMICUS CURIAE BRIEF On January 30, 2013, the Nuclear Energy Institute (NEI) filed a motion for leave to file an amicus curiae brief in this proceeding. Friends of the Earth (FoE), a party to the proceeding, requests that the Board deny NEIs request because the motion (1) was filed out-of-time, (2) is unsupported by case law, and (3) does not provide new or different arguments from those already presented by the parties.
FoEs answer is timely submitted in accordance with 10 C.F.R. § 2.323(c).
First, NEIs motion was filed long past the regulatory deadline. NEI cites 10 C.F.R. § 2.323(a) as authority supporting its motion. However, §2.323(a) clearly states that all motions must be made no later than ten (10) days after the occurrence or circumstance from which the motion arises. NEI fails to demonstrate how its motion meets this requirement.
NEI had notice of this proceeding since November 8, 2012 and yet did not make a motion to participate until January 30, 2013, nearly three months later. The Commission referred FoEs June 18, 2012 Petition to Intervene to the Board on November 8, 2012.1 On December 3, 2012, the Board held a Scheduling Conference Call. NEI correctly observes that on that call the Board 1
Southern California Edison (San Onofre Nuclear Generating Station Units 2 and 3), CLI-12-20, 76 NRC ____
(2012) (slip op.).
1
allowed the Natural Resources Defense Council (NRDC) to participate in the proceeding as an amicus curiae.2 Unlike NEI, NRDC made a timely request for amicus curiae status. At any point after the Commissions order, but certainly within ten days after the Boards Scheduling Conference Call, NEI could have made their motion to participate as amicus curiae. The motion filed on January 30, 2013, nearly three months after the Commissions order and two months after the Boards Scheduling Conference Call, is simply too late and must be denied.
Second, the cases cited by NEI to support its motion3 are distinguishable from the present proceeding in at least one significant way. In both Seabrook and Oyster Creek, the petitioners ultimately awarded amicus curiae status had filed petitions to participate in the case in the early stages of the proceeding, well before a briefing schedule was set. Here, NEI waited until after the opening brief was filed to request the Boards permission to participate in the proceeding.
NEIs delay is unjustified by these cases and its motion for leave should therefore be denied.
Third, the NEI brief does not contribute additional information to the proceeding, beyond the arguments presented by the parties in this proceeding, particularly those of Southern California Edison and the NRC staff. The arguments presented in NEIs brief pertain mainly to the nature of Confirmatory Action Letters in general and the effect of the Boards decision on the NRC regulatory process. The answering briefs of both the NRC staff and Southern California Edison already address these arguments at length.4 Thus, there is no need for duplicative participation from NEI.
For the foregoing reasons, NEIs Motion for Leave to File Amicus Curiae Brief should denied.
2 Order (Conference Call Summary and Directives Relating to Briefing) at 5 (Dec. 7, 2012).
3 Pub. Serv. Co. of N.H. (Seabrook Station, Units 1 & 2), ALAB-862, 25 NRC 144 (1987) (Seabrook); Gen. Pub.
Utils. Nuclear Corp. (Oyster Creek Nuclear Generating Station), LBP-96-23, 44 NRC 143 (1996) (Oyster Creek).
4 See, e.g., NRC Staffs Answering Brief in the San Onofre Nuclear Generating Station CAL Proceeding (January 30, 2012) at 23-31, 45 and Southern California Edison Companys Brief on Issues Referred by the Commission, (January 30, 2012) at 15-35, 101-105.
2
Respectfully submitted,
/Signed (electronically) by Jessica L. Olson/
Jessica L. Olson Counsel for Friends of the Earth Ayres Law Group 1707 L St, N.W., Suite 850 Washington, D.C. 20036 Telephone: (202) 452-9300 E-mail: olsonj@ayreslawgroup.com Dated in Washington, D.C.
this 5th day of February 2013 3
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
) Docket Nos. 50-361-CAL
) & 50-362-CAL SOUTHERN CALIFORNIA EDISON CO. )
) ASLBP NO. 13-924-01-CAL-BD01 (San Onofre Nuclear Generating Station, )
Units 2 and 3) ) February 5, 2012
)
CERTIFICATE OF SERVICE I hereby certify that, on this date, the Friends of the Earths Answer Opposing Motion By Nuclear Energy Institute for Leave to File Amicus Curiae Brief was filed through the E-Filing system.
/Signed (electronically) by Jessica L. Olson/
Richard E. Ayres Jessica L. Olson Kristin Hines Gladd Ayres Law Group 1707 L St., N.W., Suite 850 Washington, D.C. 20036 Phone: 202-452-9200 E-mail: ayresr@ayreslawgroup.com; olsonj@ayreslawgroup.com; gladdk@ayreslawgroup.com Counsel for Friends of the Earth 4
