ML18130A723

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Stipulated Motion to Set Briefing Schedule
ML18130A723
Person / Time
Site: Reed College
Issue date: 05/10/2018
From: Hair C, Mcintire K
NRC/OGC, Reed College
To:
NRC/OCM
SECY RAS
References
4-2017-023, NRC Investigation, RAS 54301, Reed College - 05000288
Download: ML18130A723 (2)


Text

UNITED STATES OF AMERICA BEFORE THE NUCLEAR REGULATORY COMMISSION In the Matter of Subpoena Issued to Reed NRC Investigation No. 4-2017-023 College STIPULATED MOTION TO SET BRIEFING SCHEDULE Reed College (Reed) and the Staff of the Nuclear Regulatory Commission (NRC) jointly submit this Stipulated Motion to Set Briefing Schedule for Reeds pending motion to quash an NRC-issued subpoena in the above-captioned proceeding. The NRC Staffs Office of Investigations (OI) issued a subpoena duces tecum in this matter dated April 10, 2018 (the Subpoena), which was received by counsel for Reed on April 17, 2018. The Subpoena required Reed to provide certain documents to OI by April 27, 2018. Since that time, the parties have engaged in discussions concerning their disagreements as to the necessity for and scope of the Subpoena, and the NRC Staff extended the time for compliance until May 11, 2017.

Because the parties have been unable to resolve their disagreements with respect to the Subpoena, Reed intends to file a motion to quash with the Secretary of the Commission. The parties have conferred regarding a briefing schedule for the motion to quash and have agreed to a proposed schedule. Therefore, the parties respectfully request that the Commission approve the following briefing schedule:

1. Reeds motion to quash shall be due on or before May 18, 2018.
2. NRC Staffs opposition to Reeds motion shall be due on or before June 8, 2018.

Page 1 - STIPULATED MOTION TO SET BRIEFING SCHEDULE 96886326.2 0063520-00026

The parties submit that this briefing schedule will lead to an efficient resolution of their dispute. Accordingly, Reed and the NRC Staff respectfully request that the Commission issue an order approving this proposed schedule.

DATED: May 10, 2018.

STOEL RIVES LLP

/s/ Keith E. McIntire Keith E. McIntire 760 SW Ninth Avenue, Suite 3000 Portland, OR 97205 Tel: (503) 224-3380 Fax: (503) 220-2480 keith.mcintire@stoel.com Attorneys for Reed College NRC STAFF Executed in Accord with 10 CFR 2.304(d)

Christopher C. Hair Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop O-14 A44 Washington, DC 20555 Tel: (301) 287-9152 Fax: (301) 315-3200 christopher.hair@nrc.gov Page 2 - STIPULATED MOTION TO SET BRIEFING SCHEDULE 96886326.2 0063520-00026

UNITED STATES OF AMERICA BEFORE THE NUCLEAR REGULATORY COMMISSION In the Matter of Subpoena Issued to Reed NRC Investigation No. 4-2017-023 College STIPULATED MOTION TO SET BRIEFING SCHEDULE Reed College (Reed) and the Staff of the Nuclear Regulatory Commission (NRC) jointly submit this Stipulated Motion to Set Briefing Schedule for Reeds pending motion to quash an NRC-issued subpoena in the above-captioned proceeding. The NRC Staffs Office of Investigations (OI) issued a subpoena duces tecum in this matter dated April 10, 2018 (the Subpoena), which was received by counsel for Reed on April 17, 2018. The Subpoena required Reed to provide certain documents to OI by April 27, 2018. Since that time, the parties have engaged in discussions concerning their disagreements as to the necessity for and scope of the Subpoena, and the NRC Staff extended the time for compliance until May 11, 2017.

Because the parties have been unable to resolve their disagreements with respect to the Subpoena, Reed intends to file a motion to quash with the Secretary of the Commission. The parties have conferred regarding a briefing schedule for the motion to quash and have agreed to a proposed schedule. Therefore, the parties respectfully request that the Commission approve the following briefing schedule:

1. Reeds motion to quash shall be due on or before May 18, 2018.
2. NRC Staffs opposition to Reeds motion shall be due on or before June 8, 2018.

Page 1 - STIPULATED MOTION TO SET BRIEFING SCHEDULE 96886326.2 0063520-00026

The parties submit that this briefing schedule will lead to an efficient resolution of their dispute. Accordingly, Reed and the NRC Staff respectfully request that the Commission issue an order approving this proposed schedule.

DATED: May 10, 2018.

STOEL RIVES LLP

/s/ Keith E. McIntire Keith E. McIntire 760 SW Ninth Avenue, Suite 3000 Portland, OR 97205 Tel: (503) 224-3380 Fax: (503) 220-2480 keith.mcintire@stoel.com Attorneys for Reed College NRC STAFF Executed in Accord with 10 CFR 2.304(d)

Christopher C. Hair Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop O-14 A44 Washington, DC 20555 Tel: (301) 287-9152 Fax: (301) 315-3200 christopher.hair@nrc.gov Page 2 - STIPULATED MOTION TO SET BRIEFING SCHEDULE 96886326.2 0063520-00026