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Category:Legal-Pleading
MONTHYEARML23272A1952023-09-29029 September 2023 Motion by San Luis Obispo Mothers for Peace and Friends of the Earth for Leave to Reply to Oppositions to Request for Emergency Order Requiring Immediate Shutdown of Unit 1 Pending Completion of Tests and Inspections of Pressure Vessel, Pub ML23272A1962023-09-29029 September 2023 Reply by San Luis Obispo Mothers for Peace and Friends of the Earth to Oppositions to Request for Emergency Order Requiring Immediate Shutdown of Unit 1 Pending Completion of Tests and Inspections of Pressure Vessel, Public Disclosure of Re ML23268A0552023-09-25025 September 2023 NRC Staff Answer to San Luis Obispo Mothers for Peace and Friends of the Earth Request for Emergency Order Requiring Immediate Shutdown ML23268A4352023-09-25025 September 2023 Pacific Gas and Electric Company Response to the Request of San Luis Obispo Mothers for Peace and Friends of the Earth for an Emergency Order Requiring Immediate Shutdown of Diablo Canyon Nuclear Power Plant, Unit 1 ML23257A3022023-09-14014 September 2023 San Luis Obispo Mothers for Peace and Friends of the Earth Corrected Request for Hearing on NRC Staff Decision Effectively Amending Diablo Canyon 1 License, Request for Emergency Order Requiring Shutdown, and Errata ML23257A3012023-09-14014 September 2023 San Luis Obispo Mothers for Peace and Friends of the Earth Request for Hearing on NRC Staff Decision Effectively Amending Diablo Canyon 1 License, Request for Emergency Order Requiring Shutdown, and Errata ML23254A3872023-09-11011 September 2023 San Luis Obispo Mothers for Peace'S Notice of Withdrawal of Contention a ML23248A2222023-09-0505 September 2023 NRC Staff Answer to Pacific Gas and Electric Company'S Motion to Dismiss or for Summary Disposition of Contention a as Moot ML23236A4952023-08-24024 August 2023 Pacific Gas and Electric Company Motion to Dismiss or for Summary Disposition of Contention a as Moot ML23227A0152023-08-14014 August 2023 Pacific Gas and Electric Company Notice of Appeal and Brief in Support of Appeal of LBP-23-7 ML23212A9662023-07-31031 July 2023 Joint Unopposed Motion to Modify Timing of Mandatory Disclosures and Hearing File Obligations ML23103A3942023-04-13013 April 2023 Slomfp Reply Re DC ISFSI ML23097A1292023-04-0707 April 2023 Pacific Gas and Electric Company Answer Opposing San Luis Obispo Mothers for Peace Hearing Request and Petition to Intervene ML23097A0632023-04-0707 April 2023 NRC Staff Answer to San Luis Obispo Mothers for Peace Hearing Request and Petition to Intervene ML23094A1342023-04-0303 April 2023 Notice of Appearance for Diane Curran ML23073A3822023-03-14014 March 2023 Re-filed San Luis Obispo Mothers for Peace'S Hearing Request and Petition to Intervene in License Renewal Proceeding for Diablo Canyon Spent Fuel Storage Installation ML23074A2042023-03-13013 March 2023 San Luis Obispo Mothers for Peace'S Hearing Request and Petition to Intervene in License Renewal Proceeding for Diablo Canyon Spent Fuel Storage Installation ML23073A3072023-03-13013 March 2023 San Luis Obispo Mothers for Peace'S Hearing Request and Petition to Intervene in License Renewal Proceeding for Diablo Canyon Spent Fuel Storage Installation ML23074A1102023-03-13013 March 2023 Email Filing of Hearing Request from San Luis Obispo Mothers for Peace Regarding Diablo Canyon ISFSI License Renewal Application ML23052A2022023-01-20020 January 2023 Pacific Gas and Electric Response to the January 10, 2023 Extraprocedural Filing by San Luis Obispo Mothers for Peace, Friends of the Earth, and Environmental Working Group Regarding Diablo Canyon Units 1 and 2 ML23052A2032023-01-20020 January 2023 Notices of Appearance for Ryan Lighty, Paul Bessette, and Timothy Matthews on Behalf of Pacific Gas and Electric ML23052A2042023-01-10010 January 2023 E-mail from Paul Bessette Dated 01/10/2023 Regarding Diablo Canyon ML23052A1942023-01-10010 January 2023 Notice of Appearance for Caroline Leary on Behalf of Environmental Working Group ML23052A1952023-01-10010 January 2023 Notice of Appearance for Diane Curran on Behalf of San Luis Obispo Mothers for Peace ML23052A1922023-01-10010 January 2023 San Luis Obispo Mothers for Peace, Friends of the Earth and Environmental Working Group Petition to Review Undocketed License Renewal Application for Diablo Canyon Unit 1 and Unit 2 Reactors and to Deny Request to Extend License Terms ML23052A1932023-01-10010 January 2023 Notice of Appearance for Hallie Templeton on Behalf of Friends of the Earth ML15345A4632015-12-11011 December 2015 Applicant Response Opposing Slomfp Appeal of LBP-15-29 ML15345A2212015-12-11011 December 2015 NRC Staff Answer to Slomfp Petition for Review of LBP-15-29 ML15321A4632015-11-17017 November 2015 Pacific Gas and Electric Response to Foe Appeal of LBP-15-27 ML15321A4862015-11-17017 November 2015 NRC Staff Brief in Opposition to Foe'S Appeal of LBP-15-27 ML15320A5652015-11-16016 November 2015 San Luis Obispo Mothers for Peace'S Petition for Review of LBP-15-29 ML15296A5502015-10-23023 October 2015 Friends of the Earth'S Notice of Appeal and Brief in Support of Appeal of LBP-15-27 ML15282A4592015-10-0909 October 2015 Applicant Response Opposing Slomfp Petition for Review ML15282A0492015-10-0909 October 2015 NRC Staff Answer to Slomfp Petition for Review of August 6, 2015 Board Order ML15257A5712015-09-14014 September 2015 San Luis Obispo Mothers for Peace'S Reply to Oppositions to Motion to File Amended Contention C (Inadequate Consideration of Seismic Risk in SAMA Analysis as Supplemented by SHU-SAMA Evaluation) ML15257A5702015-09-14014 September 2015 Petition for Review - San Luis Obispo Mothers for Peace'S Petition for Review of Memorandum and Order (Denying Motions to File New Contentions) ML15257A5722015-09-14014 September 2015 San Luis Obispo Mothers for Peace'S Response to Pacific Gas & Electric Company'S Motion for Summary Disposition of Contention EC-1 ML15237A0922015-08-25025 August 2015 Pge Answer Opposing Proposed Amended Contention C ML15237A0492015-08-25025 August 2015 NRC Staff Answer to Slomfp Amended Contention C ML15236A4072015-08-24024 August 2015 Unopposed Motion for Extension of Time to File Reply ML15236A4082015-08-24024 August 2015 Certificate of Service ML15236A4132015-08-24024 August 2015 Unopposed Motion for Extension of Time to File Petition for Review ML15236A4142015-08-24024 August 2015 Certificate of Service ML15225A5312015-08-13013 August 2015 NRC Staff Answer to Motion for Summary Disposition of Contention EC-1 ML15212A9592015-07-31031 July 2015 Motion to File Amended Contention C ML15212A7562015-07-31031 July 2015 San Luis Obispo Mothers for Peace'S Unopposed Motion for Extension of Time ML15208A5382015-07-27027 July 2015 Pacific Gas and Electric Company'S Answer to Motion to Correct False Inference ML15197A3722015-07-16016 July 2015 San Luis Obispo Mothers for Peace'S Motion to Correct False Inference Raised by a Misleading Statement of Material Fact by Pacific Gas & Electric Co ML15177A3852015-06-26026 June 2015 Pacific Gas and Electric Response to Foe Supplemental Brief ML15177A1142015-06-26026 June 2015 NRC Staff Response to Friends of the Earth Supplemental Brief 2023-09-05
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the matter of:
Docket No. 72-26-ISFSI-MLR PACIFIC GAS AND ELECTRIC COMPANY July 31, 2023 (Diablo Canyon Independent Spent Fuel Storage Installation)
JOINT UNOPPOSED MOTION TO MODIFY TIMING OF MANDATORY DISCLOSURES AND HEARING FILE OBLIGATIONS Pursuant to 10 C.F.R. § 2.323, and the Atomic Safety and Licensing Boards (Board) recent decision in LBP-23-07,1 Pacific Gas and Electric Company (PG&E), San Luis Obispo Mothers for Peace (SLOMFP), and the U.S. Nuclear Regulatory Commission (NRC) Staff (collectively, the Parties)2 request that the Board grant this joint motion to modify the timing of general discovery under 10 C.F.R. § 2.336 (i.e., mandatory disclosures) and the hearing file required under 10 C.F.R. § 2.1203.3 Pursuant to the default timing protocol established in those regulations, the Parties are required to disclose or provide certain information relevant to Contention A, as admitted by the Board in LBP-23-07, within thirty (30) days of the issuance of that decision. In lieu of that default timing, the Parties request Board approval of their unanimous agreement to commence 1
Pac. Gas & Elec. Co. (Diablo Canyon Indep. Spent Fuel Storage Installation), LBP-23-07, 98 NRC __
(July 19, 2023) (slip op.).
2 This description of the NRC Staff as a Party does not formally indicate that it intends to participate as a party. The NRC Staff will provide a separate notice regarding whether it intends to participate as a party in accordance with 10 C.F.R. § 2.1202(b).
3 Pursuant to 10 C.F.R. § 2.323(b), the Parties certify that they made sincere efforts to contact the other participants in this proceeding and resolve the issues raised herein. All participants have joined this motion.
their respective obligations to disclose or provide information under 10 C.F.R. §§ 2.336 and 2.1203 as follows:
- If PG&E submits an amendment to the Diablo Canyon Independent Spent Fuel Storage Installation license renewal application (DC ISFSI LRA) within sixty (60) days of the issuance of LBP-23-07 and files a corresponding dispositive motion before the Board regarding Contention A within thirty (30) days after the submission of such amendment, then discovery and hearing file obligations would commence thirty (30) days after the issuance of an order denying such motion;4 or
- If PG&E does not submit an amendment to the DC ISFSI LRA within sixty (60) days of the issuance of LBP-23-07, then such obligations would commence one-hundred twenty (120) days from the issuance of LBP-23-07.
Given the substantial effort required by the Parties to comply with their respective disclosure and hearing file obligations, and the possibility that Contention A may be overcome by superseding events, good cause exists for this modest and reasonable modification to the default timing associated with those obligations in Part 2. Accordingly, the Parties respectfully request the Board approve the above timing modification, upon which the Parties have unanimously agreed.5 4
If the Board grants any such potential dispositive motion as to Contention A, the Parties would no longer have any disclosure or hearing file obligations as to Contention A.
5 In the event that PG&E submits an amended DC ISFSI LRA and SLOMFP determines that new or amended contentions are warranted, SLOMFP reserves the right to seek further procedural relief from the Board.
2
Respectfully submitted,6 Signed (electronically) by Ryan K. Lighty Executed in Accord with 10 C.F.R. § 2.304(d)
RYAN K. LIGHTY, ESQ. TIMOTHY P. MATTHEWS, ESQ.
MORGAN, LEWIS & BOCKIUS LLP PAUL M. BESSETTE, ESQ.
1111 Pennsylvania Avenue, N.W. MORGAN, LEWIS & BOCKIUS LLP Washington, D.C. 20004 1111 Pennsylvania Avenue, N.W.
(202) 739-5274 Washington, D.C. 20004 Ryan.Lighty@morganlewis.com (202) 739-5527 (202) 739-5796 Timothy.Matthews@morganlewis.com Paul.Bessette@morganlewis.com Counsel for Pacific Gas and Electric Company Dated in Washington, D.C.
This 31st day of July 2023 6
SLOMFP and the NRC Staff have authorized the filing of this joint motion on their behalf.
3
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the matter of:
Docket No. 72-26-ISFSI-MLR PACIFIC GAS AND ELECTRIC COMPANY July 31, 2023 (Diablo Canyon Independent Spent Fuel Storage Installation)
CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. § 2.305, I certify that, on this date, a copy of the foregoing JOINT UNOPPOSED MOTION TO MODIFY TIMING OF MANDATORY DISCLOSURES AND HEARING FILE OBLIGATIONS was served upon the Electronic Information Exchange (the NRCs E-Filing System) in the above-captioned docket.
Signed (electronically) by Ryan K. Lighty RYAN K. LIGHTY, ESQ.
MORGAN, LEWIS & BOCKIUS LLP 1111 Pennsylvania Avenue, N.W.
Washington, D.C. 20004 (202) 739-5274 Ryan.Lighty@morganlewis.com Counsel for Pacific Gas and Electric Company DB1/ 139936523.2