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Category:Legal-Motion
MONTHYEARML23268A0532023-09-25025 September 2023
NRC Staff Unopposed Motion Requesting Leave to Responds to the San Luis Obispo Mothers for Peace and Friends of the Earth Hearing Request and Request to Suspend Operations
ML23228A0052023-08-16016 August 2023
San Luis Obispo Mothers for Peace'S Unopposed Motion for Extension of Time to Respond to Pacific Gas and Electric Company'S Brief on Appeal of LBP-23-07
ML16068A0062016-03-0707 March 2016
Petitioners Reply to Motion to Hold Abeyance 3-7-16
ML16043A5182016-02-11011 February 2016
Petitioner'S Motion to Hold the Case in Abeyance 2-11-16
ML15272A3782015-09-25025 September 2015
Foe Response to Motion to Govern
ML15212A7322015-07-31031 July 2015
Pacific Gas and Electric Company'S Motion for Summary Disposition on Contention EC 1
ML15162A9772015-06-11011 June 2015
NRC Staff Answer Opposing the Friends of the Earth Motion to Allow Supplemental Briefing
ML15156B5212015-06-0505 June 2015
Petitioner Friends of the Earth'S Motion to Allow Supplemental Briefing
ML15120A5692015-04-30030 April 2015
Notice of Appearance Daniel Straus for NRC Staff
ML15105A6142015-04-0909 April 2015
14-1213(D.C.Cir.) Intervenors Response to Motion to Supplement
ML15104A3022015-04-0707 April 2015
14-1213(D.C.Cir.) Respondents Response to Petitioner'S Motion to Supplement the Record (Filed)
ML15085A4142015-03-25025 March 2015
14-1213 Motion to Supplement
ML15085A4412015-03-23023 March 2015
14-1213 Motion to Supplement Exhibit 2
ML15085A4392015-03-23023 March 2015
14-1213 Motion to Supplement Exhibit 1
ML15057A6182015-02-26026 February 2015
14-1213 Respondents Motion to Defer Briefing Schedule
ML15030A4912015-01-30030 January 2015
NRC Staff Motion Regarding Dr Michael Peck Email to the Board
ML15030A4882015-01-30030 January 2015
Joint Motion to Correct the Transcript
ML15014A5092015-01-0808 January 2015
14-1213 (D.C.Cir.) Respondents' Reply (Filed)
ML15014A5042014-12-29029 December 2014
14-1213(D.C.Cir.)PG&E Response to Motion to Dismiss
ML15012A5362014-12-10010 December 2014
14-1213(D.C.Cir.)Respondents Motion to Dismiss (Filed)
ML14308A5322014-11-0303 November 2014
Notice of Appearance of Joseph A. Lindell on Behalf of the U.S. Nuclear Regulatory Commission in the Matter of Diablo Canyon, Units 1 and 2
ML14259A5762014-09-16016 September 2014
NRC Staff'S Unopposed Motion to Clarify or Set a Filing Schedule for the Petition to Intervene and Request for Hearing by Friends of the Earth Concerning Diablo Canyon
ML11257A1602011-09-14014 September 2011
Joint Motion to Amend Deadline for Initial Disclosures on Contentions TC-1 and EC-4
ML1112604662011-05-0606 May 2011
Petitioners' Motion for Modification of the Commission'S April 19, 2011, Order to Permit a Consolidated Reply; Petitioners' Reply . . . Certificate of Counsel Regarding Consultation; Certificate of Service
ML1031306162010-11-0909 November 2010
Joint Motion for Protective Order
ML1016904082010-06-18018 June 2010
NRC Staff'S Unopposed Motion to Correct the Transcript of the Oral Argument Held on May 26, 2010
ML0720402732007-07-18018 July 2007
San Luis Obispo Mothers for Peace'S Motion for Leave to Reply to Pg&E'S and NRC Staff'S Oppositions to Slomfp'S Contentions and Request for a Hearing Regarding Diablo Canyon Environmental Assessment Supplement, with Accompanying Reply
ML0715000332007-05-29029 May 2007
Diablo Canyon ISFSI - Supplement to the EA
ML0715000302007-05-29029 May 2007
Diablo Canyon ISFSI - NRC Staff'S Supplement to Environmental Assessment and Notice of Appearance for Lisa B. Clark
ML0715000372007-05-24024 May 2007
Diablo Canyon ISFSI - Notice of Availability of the Supplement
ML0717601322007-05-0202 May 2007
5/2/2007 - Respondents' Unopposed Motion for Panel Referral to Mediation Between San Luis Obispo Mothers for Peace V. USNRC and Pacific Gas and Electric Company; No. 03-74628
ML0717601282007-04-16016 April 2007
4/16/2007 - Respondents' Response to Petitioners Motion for Attorney'S Fees and Costs Between San Luis Obispo Mother for Peace, Sierra Club & Peg Pinard, V. USNRC and Pacific Gas & Electric Company; No. 03-74628
ML0717601622007-03-20020 March 2007
3/20/2007 - Respondents' Second Unopposed Motion for Extension of Time Between San Luis Obispo Mothers for Peace, Petitioners, V. USNRC, Respondents and Pacific Gas and Electric Company, Intervenor; No. 03-74628
ML0717601512007-02-22022 February 2007
2/22/2007 - Respondents' Unopposed Motion for Extension of Time Between San Luis Obispo Mothers for Peace, Petitioners V. USNRC, Respondents, and Pacific Gas and Electric Company, Intervenor; No. 03-74628
ML0717601442007-02-14014 February 2007
2/14/2007 - Petitioner'S Motion for Attorney'S Fees and Costs Under Eaja Between San Luis Obispo Mothers for Peace V. USNRC and Pacific Gas & Electric Co.; No. 03-74628
ML0704002642007-02-0505 February 2007
Response by San Luis Obispo Mothers for Peace, Sierra Club, and Peg Pinard to PG&E Motion for Prompt Commission Action
ML0627703302006-09-28028 September 2006
Answer of Pacific Gas and Electric Company to Motion for Partial Reconsideration of CLI-06-23
ML0627101002006-09-18018 September 2006
Motion by San Luis Obispo Mothers for Peace, Sierra Club, and Peg Pinard for Partial Reconsideration of CL1-06-23
ML0436502452004-11-10010 November 2004
Motion by Intervenor, Dated 11/10/04
ML0420202992004-07-0909 July 2004
Notice of Motion and Motion of the City of Palo Alto for Order Directing Payment of Reasonable Attorneys' Fees and Costs Pursuant to Section 503(b)(3)(D), 503(b)(3)(F) and -503(b)(4), and Supporting Memorandum of Points and Authorities
ML0420203022004-07-0808 July 2004
Declaration of Grant Kolling in Support of Motion of City of Palo Alto for Order Directing Payment of Reasonable Attorney Fees and Costs
ML0413303752004-05-0505 May 2004
Pacific Gas and Electric Company'S Response to City of Santa Clara Request for Order Declaring Transfer Orders Null and Void
ML0411703032004-04-23023 April 2004
City of Santa Clara, California'S Response to Pacific Gas and Electric Company'S Motion to Terminate Proceeding
ML0411304202004-04-13013 April 2004
Pacific Gas and Electric Company'S Motion to Terminate Proceeding
ML0430200632004-03-31031 March 2004
Federal Respondents' Unopposed Motion for Extension of Time, Dated 3/31/04
ML0404403202004-02-0606 February 2004
Notice of Motion and Motion for Approval Re Disputed Claims Escrow Accounts; Memorandum of Points-And Authorities in Support Thereof
ML0404403172004-02-0606 February 2004
Notice of Motion and Motion for Extension of Time to Object to Certain Proofs of Claim and for Related Relief; Memorandum of Points and Authorities in Support Thereof (Supporting Declaration of Kermit Kubitz Filed Separately)
ML0403706062004-01-29029 January 2004
Notice of Motion and Motion for Authority to Establish Cash-Collateralized Letter of Credit Program and Facility to Secure Gas Purchases, and to Incur Secured Debt Related Thereto; Memorandum of Points and Authorities in Support Thereof (Su
ML0401605962004-01-0909 January 2004
Leprino Food Company'S Notice of Hearing and Motion for Determination of Ordinary Course Liability, or in the Alternative, Allowance and Payment of Pre-Confirmation Administrative Claim
ML0402003072004-01-0707 January 2004
Motion of Pacific Gas & Electric Company for Leave to Intervene, Dated 1/7/04
2023-09-25
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September 16, 2014 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of )
)
PACIFIC GAS & ELECTRIC COMPANY ) Docket Nos. 50-275/50-323
)
(Diablo Canyon Power Plant) )
NRC STAFFS UNOPPOSED MOTION TO CLARIFY OR SET A FILING SCHEDULE FOR THE PETITION TO INTERVENE AND REQUEST FOR HEARING BY FRIENDS OF THE EARTH CONCERNING DIABLO CANYON Pursuant to 10 C.F.R. § 2.323, the NRC staff (Staff) hereby submits this unopposed request to clarify or set a schedule for answers and replies to the Petition to Intervene and Request for Hearing by Friends of the Earth (FOE) (Petition) dated August 26, 2014 and submitted electronically through the E-Filing system on September 11, 2014. If the Commission entertains answers and replies to FOE's Petition, the Staff requests that answers be due 25 days after submission via the E-Filing system was made, and replies be filed within seven days after service of those answers.
In support of this request, the Staff states as follows:
- 1. By e-mail on September 11, 2014, at 9:59 A.M., Emile Julian, Assistant for Rulemakings and Adjudications, Office of the Secretary, informed Richard Ayers, of the following:
Although you submitted your recent Diablo Canyon petition by email and in paper copy; in order to comply with our Electronic Information Exchange (EIE) submission rules, our Commission advisers have advised that you refile your petition through the EIE submittal process. In addition to being a regulatory requirement it helps in the docketing process and in making your petition publicly available.
- 2. On September 11, 2014, FOE submitted its petition using the NRC's E-filing system.
- 3. On September 11, 2014, at 12:22 P.M., the Office of the Secretary (SECY) sent an e-mail notification that SECY received the Petition to Intervene submitted by Jessica Olson who is affiliated with Ayres Law Group. The e-mail from SECY instructed recipients on how to retrieve FOE's filing,1 and stated "Receipt of this message constitutes completion of service of this filing."
- 4. Pursuant to 10 C.F.R. § 2.302(a), documents filed in Commission adjudicatory proceedings shall be electronically transmitted through the E-Filing system, unless the Commission or presiding officer grants an exemption permitting an alternative filing method or unless the filing falls within 10 C.F.R. § 2.302(g)(1).
- 5. Pursuant to 10 C.F.R. § 2.305(c)
Method of service accompanying a filing. Service must be made electronically to the E-Filing system. Upon an order from the Commission or presiding officer permitting alternative filing methods under § 2.302(g)(4), service may be made by personal delivery, courier, expedited delivery service, or by first-class, express, certified or registered mail. * *
- 1 Petition to Intervene and Request for Hearing by Friends of the Earth (Aug. 26, 2014) (ADAMS Accession No. ML14254A231); Attach. A, Part 1, Dr. Michael Peck Dissenting Professional Opinion (undated) (ADAMS Accession No. ML14254A230); Attach. A, Part 2, Dr. Michael Peck Dissenting Professional Opinion (undated) (ADAMS Accession No. ML14254A232); Attach. B, Declaration of Erich Pica (June 4, 2014) (ADAMS Accession No. ML14254A224); Attach. C, Declaration of Elizabeth Brousse (May 15, 2014) (ADAMS Accession No. ML14254A225); Attach. D, Declaration of Thomas Danfield (May 20, 2014) (ADAMS Accession No. ML14254A236); Attach. E, Declaration of Jill Denton (May 7, 2014)
(ADAMS Accession No. ML14254A226); Attach. F, Declaration of Gail Jacobson (May 8, 2014) (ADAMS Accession No. ML14254A235); Attach. G, Declaration of Jeffrey Pienack (May 5, 2014) (ADAMS Accession No. ML14254A234); Certificate of Service (Aug. 26, 2014) (ADAMS Accession No. ML14254A233); Notice of Appearance of John Bernetich (Aug. 26, 2014) (ADAMS Accession No. ML14254A229); Notice of Appearance of Jessica Olson (Aug. 26, 2014) (ADAMS Accession No. ML14254A228); Notice of Appearance of Richard Ayres (Aug. 26, 2014) (ADAMS Accession No. ML14254A227); Letter from R. Ayres to Commissioners, "Request that the NRC open a docket for the de facto license amendment proceeding for Diablo Canyon Units 1 and 2" (Aug. 26, 2014) (ADAMS Accession No. ML14254A237). The documents are available at ADAMS Package Accession No. ML14254A223.
- 6. Pursuant to 10 C.F.R. §§ 2.309(i)(1) and (2), unless otherwise specified by the Commission, the presiding officer, or the licensee, or the Atomic Safety and Licensing Board designated to rule on the request, answers to a hearing request or intervention petition are due within 25 days after service of the request or petition, and replies must be filed within 7 days after service of those answers.
- 7. In accordance with 10 C.F.R. § 2.323(b), Staff Counsel has contacted Counsel for the FOE and for Pacific Gas and Electric Company, all of whom stated that they had no objection to filing of this motion to clarify or set a filing schedule.
WHEREFORE, consistent with NRC's regulations addressing E-filing procedures, the NRC Staff respectfully requests that the Commission clarify or set a schedule for submission of answers and replies associated with FOE's Petition. Specifically, if the Commission entertains answers and replies, the NRC Staff request that the Commission clarify that the 25-day period to answer the Petition commences with the FOE's E-Filing of the Petition on September 11, 2014. Accordingly, answers will be due on October 6, 2014 and replies will be due on October 14, 2014.2 Respectfully submitted,
/Signed (electronically) by/
David E. Roth Counsel for the NRC Staff U.S. Nuclear Regulatory Commission Mail Stop O-15 D21 Washington, DC 20555-0001 Telephone: (301) 415-2749 E-mail: David.Roth@nrc.gov Dated at Rockville, Maryland this 16th day of September, 2014 2
Seven days after October 6 falls on October 13th, a federal holiday. Accordingly, replies would be due on October 14th. 10 C.F.R. § 2.306(a).
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of )
)
PACIFIC GAS & ELECTRIC COMPANY ) Docket Nos. 50-275/50-323
)
(Diablo Canyon Power Plant) )
CERTIFICATE OF SERVICE I hereby certify the foregoing NRC STAFFS UNOPPOSED MOTION TO CLARIFY OR SET A FILING SCHEDULE FOR THE PETITION TO INTERVENE AND REQUEST FOR HEARING BY FRIENDS OF THE EARTH CONCERNING DIABLO CANYON dated September 16, 2014, has been filed through the E-Filing system.
/Signed (electronically) by/
David E. Roth Counsel for the NRC Staff U.S. Nuclear Regulatory Commission Mail Stop O-15 D21 Washington, DC 20555-0001 Telephone: (301) 415-2749 E-mail: David.Roth@nrc.gov Dated at Rockville, Maryland this 16th day of September, 2014
