5-17-23 Motion to Intervene Filed by Pge (9th Cir.)(No.23-852)| ML23144A248 |
| Person / Time |
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| Site: |
Diablo Canyon  |
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| Issue date: |
05/17/2023 |
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| From: |
Bessette P, Kenneally M, Lighty R
Morgan, Morgan, Lewis & Bockius, LLP, Pacific Gas & Electric Co |
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| To: |
NRC/OGC, US Federal Judiciary, Court of Appeals, 9th Circuit |
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| References |
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| 23-852, DktEntry: 11.1 |
| Download: ML23144A248 (1) |
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Category:Legal-Correspondence
MONTHYEARML23192A0192023-07-0303 July 2023
7-3-23 Petitioners Excerpts of Record Index (9th Cir.)(Case No. 23-852)
ML23192A0212023-07-0303 July 2023
7-3-23 Petitioners Excerpts of Record Volume 1 (9th Cir.)(Case No. 23-852)
ML23192A0232023-07-0303 July 2023
7-3-23 Petitioners Excerpts of Record Volume 2 (9th Cir.)(Case No. 23-852)
ML23192A0252023-07-0303 July 2023
7-3-23 Petitioners Excerpts of Record Volume 3 (9th Cir.)(Case No. 23-852)
ML23161A0012023-06-0606 June 2023
6-6-23 Respondents Motion to Extend the Time to File the Certified Index (9th Cir.)(Case No. 23-852)
ML23144A2482023-05-17017 May 2023
5-17-23 Motion to Intervene Filed by Pge (9th Cir.)(No. 23-852)
ML23136A0132023-05-10010 May 2023
5-10-23 Slompf Mediation Questionnaire (9th Cir.)(Case No. 23-852)
ML21067A4142021-03-0808 March 2021
3-8-21 Mandate from 9th Circuit - Public Watchdogs V NRC 9th Cir 20-70899(Filed)
ML18337A0642018-11-26026 November 2018
Court Mandate - 11-26-2018 - Foe V NRC - DC Cir 16-1004
ML16314B6872016-11-0909 November 2016
Intervenors' Request for Documents and Records from the Nuclear Relation to Geology and Seismicity
ML16057A1982016-02-25025 February 2016
Federal Respondent'S Response to Opposition to Petitioner'S Motion to Hold the Case in Abeyance 2-25-16
ML16043A4972016-02-11011 February 2016
Petitioners Certificate Parties 2-11-16
ML15012A5462014-12-12012 December 2014
14-1213(D.C.Cir.) Certified Index of Record (Filed)
ML15007A5122014-12-0101 December 2014
Petitioner'S Filing of the Underlying Decision from Which the Petition Arises
ML12137A0242012-05-15015 May 2012
Diablo Canyon - May Hearing File Update
ML1030200242010-10-28028 October 2010
San Luis Obispo Mothers for Peace V. USNRC; No. 08-75058 - Oral Argument Scheduled for November 4, 2010 Before Judges Reinhardt, Thomas & Chief Judge Restani of the International Court of Trade
ML0717601352007-05-0303 May 2007
5/3/2007 - Petitioner'S Reply to Respondents' Opposition to Motion for Attorneys Fees and Costs Between San Luis Obispo Mother for Peace V. USNRC and Pacific Gas & Electric Co; No. 03-74628
ML0717601492007-02-14014 February 2007
2/14/2007 - Corrected Petitioners Motion for Attorney'S Fees and Costs, Errata Sheet and Additional Declarations; No. 03-74628
ML0703305102006-11-17017 November 2006
No. 06-466; Letter from the Honorable William K. Suter Granting the Extension of Time
ML0703304402006-11-16016 November 2006
No. 06-466; Letter to the Honorable William K. Suter Petition for a Writ of Certiorari
ML0703304422006-10-25025 October 2006
Corrected Letter from the Honorable William K. Suter for the Extension of Time No. 06-466
ML0703304442006-10-23023 October 2006
Letter from William K. Suter, Clerk Response to the Petition for a Writ of Certiorari Granting Extension of Time
ML0703305212006-10-20020 October 2006
Letter to the Honorable William K. Suter, Regarding Pacific Gas & Electric Company V. San Luis Obispo Mother for Peace, Et At. S. Ct No. 06-466
ML0703305182006-10-20020 October 2006
Letter to U.S. Supreme Court Docket No. 06-466 Requesting a 29-Day Extension of Time for Filing an Opposition to the Petition for Certiorari
ML0622301182006-07-0606 July 2006
Reply to Petitioners' Response to Government'S Motion for Extension of Time within Which to File a Petition for Rehearing or Rehearing En Banc, Dated 07/06/2006
ML0622301172006-07-0505 July 2006
Petitioners' Response to Us Nrc'S Motion for Extension of Time to File Petition for Rehearing, Dated 07/05/2006
ML0622301232006-06-29029 June 2006
Federal Respondents' Motion for Extension of Time in Which to File a Petition for Rehearing En Banc, Dated 06/29/2006
ML0622301222006-06-0202 June 2006
Petition for Review of an Order of the Nuclear Regulatory Commission, Filed 06/02/2006
ML0533202202005-11-17017 November 2005
Federal Respondents' Fifth Filing Under Frap 28J, Dated 11/17/05
ML0531801412005-11-0909 November 2005
Federal Respondents' Fourth Filing Under Frap 28J, Dated 11/9/05
ML0533202592005-10-11011 October 2005
Federal Respondents' Second Filing Under Frap 28J, Dated 10/11/05
ML0503101152005-01-12012 January 2005
Original Mandate Transmitted to NRC, Dated 01/12/05
ML0436502262004-11-24024 November 2004
Letter to Court Clerk from G. Kim Clarification of a Post-Oral Argument Letter, Dated 11/24/04
ML0436502302004-11-19019 November 2004
Letter to Court Clerk from R. Mcdiarmid Information of e-mail Messages, Dated 11/19/04
ML0436502382004-11-15015 November 2004
Facsimile Message to Courtroom Deputy Clerk from G. Kim Oral Argument Schedules 11/19/04
ML0436502342004-11-15015 November 2004
Letter to Court Clerk from R. Mcdiarmid Oral Argument for 11/19/04, Dated 11/15/04
ML0421802322004-07-30030 July 2004
Errata Re Eighth and Final Fee Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for Winston & Strawn
ML0421702892004-07-26026 July 2004
Final Application of Pricewaterhousecoopers Llp for Allowance and Payment of Compensation and Reimbursement of Expenses (September 1, 2002 Through February 28, 2003)
ML0421004272004-07-21021 July 2004
Notice of Motion and the California Power Exchange Corporation Motion for Authority to Amend Prepetition Claim, Memorandum of Points and Authorities, Declaration of Marc S. Cohen in Support Thereof
ML0421004302004-07-20020 July 2004
Notice of Application & California Power Exchange Corporation'S Application for Payment of Professional Compensation & Reimbursement of Expenses Under 11 U.S.C. 503(b)(3) & (4); Memorandum of Points and Authorities; Declarations of Cohen, R
ML0420202962004-07-12012 July 2004
Eighth and Final Application for Allowance of Fees and Expenses of Winston & Strawn Llp (August 16, 2001 Through April 12, 2004)
ML0420302692004-07-12012 July 2004
Ninth Interim and Final Application of FTI Consulting Inc. for Allowance and Payment of Compensation and Reimbursement of Expenses (April 11, 2001 Through April 12, 2004); Declaration of Thomas E. Lumsden in Support Thereof
ML0420203032004-07-12012 July 2004
Exhibits in Support of 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)
ML0421004192004-07-0404 July 2004
Appendix of Exhibits in Support of the California Power Exchange Corporation'S Application for Payment of Professional Compensation and Reimbursement of Expenses Under 11 U.S.C. 503(b)(3) and (4)
ML0416706302004-06-0707 June 2004
Modesto Irrigation District'S Response to Debtor'S Objection to Claim
ML0416005722004-05-28028 May 2004
Rothschild Inc'S Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period April 1, 2004 - April 12, 2004
ML0416005602004-05-28028 May 2004
Deloitte & Touche Llp'S Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses (March 1, 2004 to April 12, 2004)
ML0416001862004-05-28028 May 2004
Cooley Godward Llp'S Thirty-Fifth Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period April 1, 2004 - April 12, 2004
ML0415902522004-05-28028 May 2004
Saybrook Capital, LLC Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for April 1 Through April 12, 2004
ML0415603342004-05-27027 May 2004
Howard, Rice, Nemerovski, Canady, Falk & Rabkin Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for April 1, 2004 Through April 12, 2004
2023-07-03
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Case: 23-852, 05/17/2023, DktEntry: 11.1, Page 1 of 6 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SAN LUIS OBISPO MOTHERS FOR PEACE; FRIENDS OF THE EARTH; ENVIRONMENTAL WORKING
- GROUP, Petitioners, No.23-852 v.
UNITED STATES NUCLEAR REGULATORY COMMISSION; UNITED STATES OF AMERICA, Respondents.
PACIFIC GAS AND ELECTRIC COMPANYS UNOPPOSED MOTION TO INTERVENE In accordance with 28 U.S.C. § 2348 and Federal Rule of Appellate Procedure 15(d), Pacific Gas and Electric Company (PG&E) hereby files this Unopposed Motion to Intervene in this appeal as a respondent in support of the U.S. Nuclear Regulatory Commission (NRC) order challenged by the Petition for Review. Pac.
Gas & Elec. Co.; Diablo Canyon Power Plant, Units 1 and 2, 88 Fed. Reg. 14,395 (Mar. 8, 2023) (the Order); see Dkt. 1.1. In support, PG&E states as follows:
- 1. PG&E is the holder of NRC Facility Operating License Numbers DPR-80 and DPR-82, which authorize operation of Diablo Canyon Power Plant (DCPP)
Units 1 and 2, a nuclear power plant in San Luis Obispo, California.
1
Case: 23-852, 05/17/2023, DktEntry: 11.1, Page 2 of 6
- 2. PG&E is entitled to intervene as a matter of right in this action because it is a party in interest in the proceeding before the [NRC] whose interests will be affected if [the] order of the agency is . . . enjoined, set aside, or suspended. 28 U.S.C. § 2348.
- 3. The NRC Facility Operating Licenses for DCPP Units 1 and 2 are set to expire on November 2, 2024, and August 26, 2025, respectively. 88 Fed. Reg. at 14,396. On September 2, 2022, the State of California enacted Senate Bill No. 846, which declared that seeking renewal of those licenses is in the best interests of all California electricity customers, and may be necessary for statewide energy system reliability. CAL. PUB. RES. CODE § 25548(b). On October 31, 2022, PG&E requested that the NRC grant an exemption from 10 C.F.R. § 2.109(b). 88 Fed. Reg.
at 14,396. Under that regulation, the purpose of which is to implement the timely renewal provision of section 9(b) of the Administrative Procedure Act, 5 U.S.C.
§ 558(c), a licensee can obtain protection from the expiration of an existing license by timely filing for renewal. Specifically, the NRCs regulation states that if the licensee files a sufficient application for renewal at least 5 years before the expiration of the existing license, the NRC will not deem the existing license to have expired until the application has been finally determined. 10 C.F.R. § 2.109(b). In the Order, the NRC granted PG&Es request for an exemption from the regulations 5-year requirement for timely renewal protection. 88 Fed. Reg. at 14,396. Under the Order, 2
Case: 23-852, 05/17/2023, DktEntry: 11.1, Page 3 of 6 if PG&E submits an application by December 31, 2023, and the application is sufficient for docketing, the licensee will receive timely renewal protection under 10 CFR 2.109(b) while the NRC evaluates that application. Id. at 14,399.
- 4. PG&E has a direct and substantial interest in the outcome of this proceeding. It is unlawful to operate a nuclear reactor except under, and in accordance with, a license issued by the NRC. See 42 U.S.C. § 2131. Without the timely renewal protection granted by the order under review, the current operating licenses for DCPP Units 1 and 2 would expire on November 2, 2024, and August 26, 2025, respectively. 88 Fed. Reg. at 14,396. It is far from certain that the NRC would be able to reach a final determination on a license renewal application by those dates, which would make the exemption necessary for DCPP Units 1 and 2 to continue operating after those dates.
- 5. Accordingly, the financial interests of PG&Ein addition to the statewide energy system reliability generally and the interests of all California electricity customers, CAL. PUB. RES. CODE § 25548(b)would be adversely affected if the NRCs issuance of the exemption were enjoined, set aside, or suspended. PG&E has a substantial and direct interest in this Courts review of the NRCs Order, and PG&E respectfully submits that it is entitled to intervene here as a matter of right. See 28 U.S.C. § 2348; see also, e.g., Sierra Club, Inc. v. EPA, 358 3
Case: 23-852, 05/17/2023, DktEntry: 11.1, Page 4 of 6 F.3d 516, 517-18 (7th Cir. 2004) (holding that company had sufficient legal interests at stake to intervene in defense of its construction permit for a power plant).
- 6. Counsel for PG&E consulted with counsel for the United States, counsel for the NRC, and counsel for Petitioners and has been authorized by all five parties to represent that those parties do not oppose PG&Es intervention in this proceeding.
For all these reasons, PG&E respectfully requests that its Motion to Intervene be granted.
Dated: May 17, 2023 Respectfully submitted, s/ Michael E. Kenneally PAUL M. BESSETTE MICHAEL E. KENNEALLY RYAN K. LIGHTY MORGAN, LEWIS & BOCKIUS LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 (202) 739-3000 Counsel for Pacific Gas and Electric Company 4
Case: 23-852, 05/17/2023, DktEntry: 11.1, Page 5 of 6 CORPORATE DISCLOSURE STATEMENT In accordance with Federal Rule of Appellate Procedure 26.1, proposed intervenor Pacific Gas and Electric Company certifies that it is wholly owned by PG&E Corporation, a publicly held corporation. No publicly held corporation owns 10% or more of PG&E Corporations stock.
5
Case: 23-852, 05/17/2023, DktEntry: 11.1, Page 6 of 6 CERTIFICATE OF COMPLIANCE
- 1. This document complies with the type-volume limit of Federal Rule of Appellate Procedure 27(d)(2)(A) and Circuit Rules 27-1 and 32-3 because, excluding the parts of the motion exempted by Federal Rules of Appellate Procedure 27(a)(2)(B) and 32(f), this document contains 718 words.
- 2. This document complies with the typeface requirements of Federal Rule of Appellate Procedure 32(a)(5) and the type-style requirements of Federal Rule of Appellate Procedure 32(a)(6) because this document has been prepared in a proportionally spaced typeface using Microsoft Word 365 in 14-point Times New Roman font.
Dated: May 17, 2023 s/ Michael E. Kenneally MICHAEL E. KENNEALLY Counsel for Pacific Gas and Electric Company 6