ML18312A430
| ML18312A430 | |
| Person / Time | |
|---|---|
| Site: | HI-STORE |
| Issue date: | 11/08/2018 |
| From: | Connolly E, Leidich A, Silberg J, Walsh T Holtec, Pillsbury, Winthrop, Shaw, Pittman, LLP |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| HI-STORE Fuel Storage, RAS 54616, Holtec International | |
| Download: ML18312A430 (9) | |
Text
4845-3026-2906.v1 November 8, 2018 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
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Docket No. 72-1051 Holtec International
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HI-STORE Consolidated Interim Storage
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Facility
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HOLTEC INTERNATIONALS MOTION FOR LEAVE TO REPLY TO ALLIANCE FOR ENVIRONMENTAL STRATEGIES RESPONSE TO HOLTEC INTERNATIONALS MOTION TO STRIKE In accordance with 10 C.F.R. § 2.323(c), Holtec International (Holtec) hereby moves the Atomic Safety and Licensing Board (the Board) for leave to reply to Alliance for Environmental Strategies1 (Alliance) Response to Holtec Internationals Motion to Strike (Response), filed on Nov. 1, 2018. NRC regulations permit the Board to grant leave to reply, 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. 10 C.F.R.
§ 2.323(c). Alliances Response requests that the Board deny Holtecs Motion to Strike because Holtecs consultation allegedly was a violation of NRC rules. Response at 1. Holtec respectfully requests leave to file the attached Reply as the Reply is the only way in which Holtec can bring to the Boards attention the facts surrounding Alliances allegations concerning the consultation process.
1 In its Response to Holtecs Motion to Strike, Alliance has referred to itself as both Alliance for Environmental Strategies and Alliance for Environmental Solutions. This Motion and Reply refer to the organization as Alliance for Environmental Strategies based on Alliances errata to its Petition to Intervene filed on September 17, 2018.
2 4845-3026-2906.v1 As 10 C.F.R. § 2.323(b) requires Holtec to consult with parties in an effort to resolve the issues raised in this Motion for Leave to Reply, Holtec has limited its consultation to the only party able to resolve the issue: Alliance. Counsel contacted Alliance numerous times via email and telephone in an effort to resolve the issue. However, Holtec and Alliance could not resolve the issue satisfactorily.
Holtec also informed the NRC Staff of the dispute. The NRC Staff does not oppose the filing of this motion.
Respectfully submitted,
/Signed electronically by Anne R. Leidich/
Erin E. Connolly Corporate Counsel Holtec International Krishna P. Singh Technology Campus 1 Holtec Boulevard Camden, NJ 08104 Telephone: (856) 797-0900 x 3712 e-mail: e.connolly@holtec.com Jay E. Silberg Timothy J. Walsh Anne R. Leidich PILLSBURY WINTHROP SHAW PITTMAN LLP 1200 Seventeenth Street, NW Washington, DC 20036 Telephone: 202-663-8063 Facsimile: 202-663-8007 jay.silberg@pillsburylaw.com timothy.walsh@pillsburylaw.com anne.leidich@pillsburylaw.com November 8, 2018 Counsel for HOLTEC INTERNATIONAL
4845-3026-2906.v1 November 8, 2018 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
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Docket No. 72-1051 Holtec International
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HI-STORE Consolidated Interim Storage
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Facility
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HOLTEC INTERNATIONALS REPLY TO ALLIANCE FOR ENVIRONMENTAL STRATEGIES RESPONSE TO HOLTEC INTERNATIONALS MOTION TO STRIKE On October 24, 2018, counsel for Holtec International (Holtecs Counsel) emailed counsel for Alliance for Environmental Strategies (Alliances Counsel) and all of the other intervenor parties for the purpose of consultation as to Holtecs plans to file a motion to strike.
See Attachment A. Holtecs Counsel used Alliances email address nlsstaff@swcp.com, taken from the NRCs Electronic Information Exchange system service list in this proceeding (hereinafter, the Electronic Service List). Indeed, nlsstaff@swcp.com is the Alliance email address that all electronically-served filings are sent to in this proceeding, from Board decisions to the parties filings. Holtecs Counsel uses the Electronic Service List as the basis for our communications with other parties to ensure that the correct email addresses are used. Holtecs Counsel received no indication that Alliance or Alliances Counsel failed to receive the October 24 email (e.g., a delivery failure notification).
Indeed, Alliances Counsel responded to Holtecs Counsels request for consultation by email of October 26, 2018. See Attachment B. The email in its entirety states:
AFES opposes your motion to strike. Please include my email address on future correspondence, in addition to Rachael Lujan, my legal assistant.
2 4845-3026-2906.v1 Nowhere did Alliances counsel indicate that she had not received the consultation request. Nor did her response indicate any need for further consultation or suggest that Holtecs Counsel ought to resend the consultation request to her other email address. This email response indicated, for the first time, that nlsstaff@swcp.com is not the email address of Alliances Counsel but is rather the email address of her legal assistant and that Alliances Counsels email address is nlsimmons@swcp.com, an email address that is not on the Electronic Service List.
Holtecs use of the email address that Alliance used to sign up for the Electronic Service List, and used to receive electronic service, hardly indicates that our consultation was a violation of NRC rules, shows a lack of interest in consultation, was merely pro forma consultation, or is a basis for denying our Motion to Strike.
Respectfully submitted,
/Signed electronically by Anne R. Leidich/
Erin E. Connolly Corporate Counsel Holtec International Krishna P. Singh Technology Campus 1 Holtec Boulevard Camden, NJ 08104 Telephone: (856) 797-0900 x 3712 e-mail: e.connolly@holtec.com Jay E. Silberg Timothy J. Walsh Anne R. Leidich PILLSBURY WINTHROP SHAW PITTMAN LLP 1200 Seventeenth Street, NW Washington, DC 20036 Telephone: 202-663-8063 Facsimile: 202-663-8007 jay.silberg@pillsburylaw.com timothy.walsh@pillsburylaw.com anne.leidich@pillsburylaw.com November 8, 2018 Counsel for HOLTEC INTERNATIONAL
3 4845-3026-2906.v1 Attachment A
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5 4845-3026-2906.v1 Attachment B
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7 4845-3026-2906.v1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
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Docket No. 72-1051 Holtec International
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HI-STORE Consolidated Interim Storage
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Facility
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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Holtec Internationals Motion for Leave to Reply to Alliance for Environmental Strategies Response to Holtec Internationals Motion to Strike has been served through the EFiling system on the participants in the above-captioned proceeding this 8th day of November 2018.
/signed electronically by Anne R. Leidich/
Anne R. Leidich