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Category:Legal-Pleading
MONTHYEARML23349A1682023-12-15015 December 2023
NRC Staff Answer to Intervention Petition and Hearing Request and to Licensee Motion for Denial of Petition
ML23345A1142023-12-11011 December 2023
Notice of Appearance of Terry J. Lodge as Counsel for Beyond Nuclear, Don'T Waste Michigan, and Michigan Safe Energy Future
ML23339A1962023-12-0505 December 2023
Petition to Intervene and Request for Adjudicatory Hearing by Beyond Nuclear, Don'T Waste Michigan, and Michigan Safe Energy Future - Petitioners' Declaration 11
ML23339A1972023-12-0505 December 2023
Petition to Intervene and Request for Adjudicatory Hearing by Beyond Nuclear, Don'T Waste Michigan, and Michigan Safe Energy Future - Petitioners' Declaration 12
ML23339A1922023-12-0505 December 2023
Petition to Intervene and Request for Adjudicatory Hearing by Beyond Nuclear, Dont Waste Michigan, and Michigan Safe Energy Future
ML23339A1942023-12-0505 December 2023
Petition to Intervene and Request for Adjudicatory Hearing by Beyond Nuclear, Don'T Waste Michigan, and Michigan Safe Energy Future - Petitioners' Declarations 1-9
ML23339A1952023-12-0505 December 2023
Petition to Intervene and Request for Adjudicatory Hearing by Beyond Nuclear, Don'T Waste Michigan, and Michigan Safe Energy Future - Petitioners' Declaration 10
ML23093A2082023-03-20020 March 2023
Applicants' Redacted Post-Hearing Statement of Position on Michigan Attorney General Contentions
ML23046A3162023-02-15015 February 2023
Certification of Fourth Supplemental Mandatory Disclosures Pursuant to 10 CFR 2.336
ML23044A4802023-02-13013 February 2023
Certificate of Service
ML23052A2092023-02-0202 February 2023
Beyond Nuclear and Don'T Waste Michigan Petition for Declaratory Order Regarding Palisades Nuclear Plant
ML23044A4782023-01-27027 January 2023
Redacted Version of Applicants' Concluding Statement of Position on Michigan Attorney General Contentions
ML23004A0842023-01-0404 January 2023
Certificate of Service for Applicants' Redacted Statements
ML22361A1812022-12-27027 December 2022
Applicants' Response to the Environmental Law and Policy Center'S Request for Public Access
ML22350A7972022-12-16016 December 2022
Applicants' Certificate of Service
ML23004A0832022-12-16016 December 2022
Applicants' Redacted Response to Michigan Attorney General'S Initial Statement of Position and Written Testimony
ML22322A0622022-11-18018 November 2022
NOA for Anita Ghosh Naber
ML22322A3282022-11-18018 November 2022
Applicants' Certificate of Service
ML22322A3272022-11-18018 November 2022
2.309 Affidavit of S. Raimo
ML23004A0822022-11-18018 November 2022
Applicants' Redacted Initial Statement of Position on Michigan Attorney General Contentions
ML22322A1592022-11-18018 November 2022
NRC Staff Position on the Applicability of the 10 CFR 50.75 Minimum Funding Requirement to the License Transfer Application
ML22322A3262022-11-18018 November 2022
2.309 Affidavit of J. Day
ML22342A4312022-10-10010 October 2022
Nondisclosure Declaration for Jason Day of Holtec Decommissioning International, LLC, and Holtec International
ML22342A4282022-10-10010 October 2022
Nondisclosure Declaration for Jason Tompkins of Balch & Bingham, LLC; Representing Holtec Decommissioning International, LLC and Holtec International
ML22342A4262022-10-10010 October 2022
Nondisclosure Declaration for Alan D. Lovett of Balch and Bingham, LLC; Representing Holtec Decommissioning International, LLC, and Holtec International
ML22342A4292022-10-0505 October 2022
Nondisclosure Declaration for Joel B. King of the State of Michigan Department of Attorney General
ML22342A4302022-10-0505 October 2022
Nondisclosure Declaration for Michael E. Moody of the State of Michigan Department of Attorney General
ML22342A4232022-10-0505 October 2022
Nondisclosure Declaration for Anne R. Leidich of Pillsbury Winthrop Shaw Pittman, Llp; Representing Entergy Nuclear Palisades, LLC, and Entergy Nuclear Operations, Inc
ML22342A4252022-10-0404 October 2022
Nondisclosure Declaration for David R. Lewis of Pillsbury Winthrop Shaw Pittman, Llp; Representing Entergy Nuclear Palisades, LLC, and Entergy Nuclear Operations, Inc
ML22342A4272022-09-30030 September 2022
Nondisclosure Declaration for Susan H. Raimo of Entergy Nuclear Palisades, LLC, and Entergy Nuclear Operations, Inc
ML22272A5832022-09-29029 September 2022
Applicants' Notice Regarding Conduct of Discovery
ML22217A0312022-08-0505 August 2022
Joint Proposed Schedule
ML22208A1902022-07-27027 July 2022
Notice of Appearance and Substitution of Counsel for Holtec Applicants
ML22025A1662022-01-25025 January 2022
Notice to the Commission
ML21110A7242021-04-20020 April 2021
Errata to Applicants' Answer Opposing Beyond Nuclear Et Al.'S Petition to Intervene and Hearing Request
ML21110A7232021-04-20020 April 2021
Applicants' Answer Opposing Mark Muhich'S Request for Public Hearings
ML21106A2972021-04-16016 April 2021
Applicants' Motion to Strike Late Responses
ML21095A3422021-04-0505 April 2021
Applicants' Motion to Strike Portions of Beyond Nuclear Et Al.'S Reply and Second Declaration of Robert Alvarez
ML21088A4362021-03-29029 March 2021
Reply in Support of the Michigan Attorney General'S Petition for Leave to Intervene and for a Hearing
ML21088A4072021-03-29029 March 2021
Certificate of Service
ML21088A4042021-03-29029 March 2021
the Environmental Law and Policy Center'S Reply to Applicants' Answer
ML21088A4052021-03-26026 March 2021
Exhibit 1 to the Environmental Law and Policy Center'S Reply to Applicants' Answer
ML21088A4062021-03-26026 March 2021
Exhibit 2 to the Environmental Law and Policy Center'S Reply to Applicants' Answer
ML21081A3132021-03-22022 March 2021
Applicants' Answer Opposing Beyond Nuclear Et Al.'S Petition to Intervene and Hearing Request
ML21081A3122021-03-22022 March 2021
Notices of Appearance of Alan D. Lovett
ML21081A3092021-03-22022 March 2021
Applicants' Answer Opposing the Environmental Law & Policy Center Petition to Intervene and Hearing Request
ML21081A3082021-03-22022 March 2021
Applicants' Answer Opposing the Michigan Attorney General'S Petition for Leave to Intervene and Request for a Hearing
ML21081A2982021-03-22022 March 2021
Notices of Appearance for Entergy
ML21055A9532021-02-24024 February 2021
Petition of Beyond Nuclear, Michigan Safe Energy Future and Don'T Waste Michigan for Leave to Intervene, and Request for an Adjudicatory Hearing
ML21054A3202021-02-23023 February 2021
Applicant'S Opposition to Don'T Waste Michigan, Et Al.'S Motion to Extend Filing Deadline
2023-03-20
[Table view] |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION
)
In the Matter of: ) Docket No. 50-255-LA-2
)
ENTERGY NUCLEAR OPERATIONS, INC. ) ASLBP No. 15-939-04-LA-BD01
)
(Palisades Nuclear Plant) ) August 20, 2015
)
)
ENTERGYS ANSWER OPPOSING THE SIERRA CLUBS UNAUTHORIZED REPLY Pursuant to 10 C.F.R. § 2.323(c), Entergy Nuclear Operations, Inc. (Entergy) responds in opposition to the Sierra Clubs Reply to Entergys Answer to Motion to File Amicus Brief (Proffered Reply), filed on August 20, 2015. The Sierra Club seeks to reply to Entergys Answer Opposing the Sierra Clubs Motion for Permission to File Amicus Curiae Brief (Entergys Answer), filed on August 17, 2015. As explained below, the Commission should reject the Proffered Reply as procedurally unauthorized.
First, the NRC regulation governing general motions, 10 C.F.R. § 2.323, states unambiguously that [t]he moving party has no right to reply, except as permitted by the Secretary, the Assistant Secretary, or the presiding officer. 10 C.F.R. § 2.323(c) (emphasis added). In this instance, the Sierra Club filed the Proffered Reply without first seeking leave from the Commission to file a reply. Thus, the Proffered Reply violates the explicit requirement in Section 2.323(c) that the moving party first obtain permission before filing a reply.1 The 1
On this point, Entergy also notes that if the Sierra Club had adhered to the requirements of 10 C.F.R. § 2.323(c) and first moved for leave to file a reply to Entergys Answer, then it would have been required to consult with Entergy counsel pursuant to Section 10 C.F.R. § 2.323(b). Counsel for the Sierra Club did not make any attempt to contact counsel for Entergy before filing the Proffered Reply, in further contravention of Section 2.323s requirements.
Commission should not countenance such disregard for its clear procedural requirements.2 Second, Section 2.323(c) further states that permission to file a reply may be granted only in compelling circumstances, such as where the moving party demonstrates that it could not reasonably have anticipated the arguments to which it seeks leave to reply. In its Proffered Reply, the Sierra Club makes no reference to this legal standard (or even to Section 2.323 more generally), much less a demonstration of compelling circumstances that would warrant the filing of a reply. Accordingly, the Proffered Reply is procedurally deficient in this additional respect.
For the foregoing reasons, the Commission should reject the Proffered Reply as a procedurally unauthorized filing under 10 C.F.R. § 2.323(c).
Respectfully submitted, Executed in Accord with 10 C.F.R. § 2.304(d)
Jeanne Cho, Esq. Paul M. Bessette, Esq.
Entergy Nuclear Operations, Inc. Morgan, Lewis & Bockius, LLP 440 Hamilton Ave. 1111 Pennsylvania Avenue, N.W.
White Plains, NY 10601 Washington, D.C. 20004 Phone: (914) 272-3323 Phone: (202) 739-5796 Fax: (914) 272-3242 Fax: (202) 739-3001 E-mail: jcho1@entergy.com E-mail: pbessette@morganlewis.com Counsel for Entergy Nuclear Operations, Inc.
Dated in Washington, D.C.
this 20th day of August 2015 2
Entergy further notes that the Sierra Club is represented by counsel on this matter.
2
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION
)
In the Matter of: ) Docket No. 50-255-LA-2
)
ENTERGY NUCLEAR OPERATIONS, INC. ) ASLBP No. 5-939-04-LA-BD01
)
(Palisades Nuclear Plant) ) August 20, 2015
)
)
CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. § 2.305, I certify that, on this date, copies of Entergys Answer Opposing the Sierra Clubs Unauthorized Reply were served upon the Electronic Information Exchange (the NRCs E-Filing System) in the above-captioned proceeding.
Signed (electronically) by Martin J. O'Neill Martin J. ONeill, Esq.
Morgan, Lewis & Bockius LLP 1000 Louisiana Street, Suite 4000 Houston, TX 77002 Phone: (713) 890-5710 Fax: (713) 890-5001 E-mail: martin.oneill@morganlewis.com DB1/ 84442595
