ML22361A181
| ML22361A181 | |
| Person / Time | |
|---|---|
| Site: | Palisades, Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 12/27/2022 |
| From: | Leidich A, Doris Lewis, Lovett A, Tompkins J Balch & Bingham, LLP, Entergy Nuclear Operations, Entergy Nuclear Palisades, Holtec Decommissioning International, Holtec, Pillsbury, Winthrop, Shaw, Pittman, LLP |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| License Transfer, RAS 56578, 50-255-LT, 50-155-LT, 72-007-LT, 72-043-LT, ASLBP 22-974-01-LT-BD01 | |
| Download: ML22361A181 (0) | |
Text
December 27, 2022 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
)
)
Entergy Nuclear Operations, Inc.,
)
Entergy Nuclear Palisades, LLC,
)
Docket Nos. 50-255-LT Holtec International, and
)
50-155-LT Holtec Decommissioning International, LLC
)
72-007-LT
)
72-043-LT (Palisades Nuclear Plant and
)
Big Rock Point Site)
) ASLBP No.
22-974-01-LT-BD01 Applicants Response to the Environmental Law and Policy Centers Request for Public Access On December 14, 2022, the Environmental Law and Policy Center (ELPC) filed a letter requesting that all filings in the above-referenced proceeding be made public, with the understanding that Holtec may redact those portions of filings that are confidential or proprietary.1 ELPCs Request is moot because, on December 22, 2022, the Board entered an Amended Protective Order requiring the Parties to file redacted, public versions of their submissions. ELPC did not consult the Parties before filing as required by the Commissions regulations, or it would have learned its Request was unnecessary. Finally, even if it were not moot, ELPCs Request is untimely.
On December 20, 2022, the Parties filed a joint motion requesting that the Board amend the protective order in this proceeding to, among other things, provide for the filing of redacted 1 Letter from Michael J. Zoeller, Environmental Law and Policy Center to ASLBP Judge Paul S. Ryerson, Presiding Officer (Dec. 14, 2022) (ADAMS Accession No. ML22348A166) (hereinafter, ELPCs Request).
2 versions of their statements on the public docket.2 The Board granted the Joint Motion and entered the Amended Protective Order on December 22, 2022.3 Section H of the Amended Protective Order requires the Parties to file on the public docket versions of their initial statements of position, rebuttal statements, concluding statements, and post-hearing statements with Protected Information redacted.4 As stated in their Joint Motion, the Parties believe this approach addresses ELPCs Request.5 Accordingly, ELPCs Request is now moot.
Had ELPC consulted with the Parties prior to filing its Request, it would have learned that the Parties were already planning to file redacted, public versions of their submissions. In fact, its failure to consult the Parties is an independent reason ELPCs Request should be rejected: A motion must be rejected if it does not include a certification by the attorney or representative of the moving party that the movant has made a sincere effort to contact other parties in the proceeding and resolve the issue(s) raised in the motion, and that the movants efforts to resolve the issue(s) have been unsuccessful.6 Finally, even if it were not moot, ELPCs Request is untimely. The Commissions regulations require that [a]ll motions, other than motions for summary disposition, must be made no later than ten (10) days after the occurrence or circumstance from which the motion arises.7 2 Joint Motion Regarding Amended Protective Order, ASLBP No. 22-974-01-LT-BD01 (Dec. 20, 2022)
(ADAMS Accession No. ML22354A162) (hereinafter, Joint Motion).
3 Amended Protective Order Governing Disclosure of Proprietary Materials, ASLBP No. 22-974-01-LT-BD01 (Dec. 22, 2022) (ADAMS Accession No. ML22356A153) (hereinafter, Amended Protective Order).
4 Id., at 4.
5 Joint Motion, at 2.
6 10 C.F.R. § 2.323(b).
7 10 C.F.R. § 2.323(a)(2).
3 While ELPC is not a party to this hearing and did not style its request as a motion, it should nonetheless be denied on this basis as well.
/Executed in accord with § 2.304(d)/
Anne R. Leidich David R. Lewis PILLSBURY WINTHROP SHAW PITTMAN LLP 1200 Seventeenth Street, NW Washington, DC 20036 Telephone: 202-663-8707 anne.leidich@pillsburylaw.com david.lewis@pillsburylaw.com Counsel for Entergy Nuclear Operations, Inc.
and Entergy Nuclear Palisades, LLC
/Signed electronically by Jason B. Tompkins/
Alan D. Lovett Jason B. Tompkins BALCH & BINGHAM LLP 1710 Sixth Avenue North Birmingham, AL 35203-2015 (205) 226-8769 (205) 226-8743 alovett@balch.com jtompkins@balch.com Counsel for Holtec International and Holtec Decommissioning International, LLC December 27, 2022
4 December 27, 2022 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Commission In the Matter of
)
)
Entergy Nuclear Operations, Inc.,
)
Entergy Nuclear Palisades, LLC,
)
Docket Nos. 50-255-LT Holtec International, and
)
50-155-LT Holtec Decommissioning International, LLC
)
72-007-LT
)
72-043-LT (Palisades Nuclear Plant and
)
Big Rock Point Site)
) ASLBP No.
22-974-01-LT-BD01 CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Applicants Response to the Environmental Law and Policy Centers Request for Public Access has been served through the EFiling system on the participants in the above-captioned proceeding this 27th day of December 2022.
/signed electronically by Jason Tompkins/
Jason B. Tompkins Balch & Bingham LLP 1710 Sixth Avenue North Birmingham, AL 35203-2015 Tel. 205-226-8743 Email: jtompkins@balch.com