ML22361A181: Difference between revisions
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| number = ML22361A181 | | number = ML22361A181 | ||
| issue date = 12/27/2022 | | issue date = 12/27/2022 | ||
| title = Applicants | | title = Applicants Response to the Environmental Law and Policy Centers Request for Public Access | ||
| author name = Leidich A, Lewis D, Lovett A, Tompkins J | | author name = Leidich A, Lewis D, Lovett A, Tompkins J | ||
| author affiliation = Balch & Bingham, LLP, Entergy Nuclear Operations, Inc, Entergy Nuclear Palisades, LLC, Holtec Decommissioning International, LLC, Holtec International, Pillsbury, Winthrop, Shaw, Pittman, LLP | | author affiliation = Balch & Bingham, LLP, Entergy Nuclear Operations, Inc, Entergy Nuclear Palisades, LLC, Holtec Decommissioning International, LLC, Holtec International, Pillsbury, Winthrop, Shaw, Pittman, LLP | ||
| Line 16: | Line 16: | ||
=Text= | =Text= | ||
{{#Wiki_filter:December 27, 2022 | {{#Wiki_filter:December 27, 2022 | ||
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. | UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION | ||
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) | |||
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). | |||
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). | (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). | 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. | 4 Id., at 4. | ||
5 Joint Motion, at 2. | 5 Joint Motion, at 2. | ||
6 10 C.F.R. § 2.323(b). | 6 10 C.F.R. § 2.323(b). | ||
7 10 C.F.R. § 2.323(a)(2). | 7 10 C.F.R. § 2.323(a)(2). | ||
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. | 2 While ELPC is not a party to this hearing and did not style its request as a motion, it should | ||
/Executed in accord with § 2.304(d)/ | |||
Anne R. Leidich | nonetheless be denied on this basis as well. | ||
/Executed in accord with § 2.304(d)/ /Signed electronically by Jason B. Tompkins/ | |||
Anne R. Leidich Alan D. Lovett David R. Lewis Jason B. Tompkins PILLSBURY WINTHROP SHAW BALCH & BINGHAM LLP PITTMAN LLP 1710 Sixth Avenue North 1200 Seventeenth Street, NW Birmingham, AL 35203-2015 Washington, DC 20036 (205) 226-8769 Telephone: 202-663-8707 (205) 226-8743 anne.leidich@pillsburylaw.com alovett@balch.com david.lewis@pillsburylaw.com jtompkins@balch.com | |||
Counsel for Entergy Nuclear Operations, Inc. Counsel for Holtec International and Holtec and Entergy Nuclear Palisades, LLC Decommissioning International, LLC | |||
December 27, 2022 | |||
3 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 | |||
4}} | |||
Latest revision as of 13:19, 15 November 2024
| 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).
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).
2 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)/ /Signed electronically by Jason B. Tompkins/
Anne R. Leidich Alan D. Lovett David R. Lewis Jason B. Tompkins PILLSBURY WINTHROP SHAW BALCH & BINGHAM LLP PITTMAN LLP 1710 Sixth Avenue North 1200 Seventeenth Street, NW Birmingham, AL 35203-2015 Washington, DC 20036 (205) 226-8769 Telephone: 202-663-8707 (205) 226-8743 anne.leidich@pillsburylaw.com alovett@balch.com david.lewis@pillsburylaw.com jtompkins@balch.com
Counsel for Entergy Nuclear Operations, Inc. Counsel for Holtec International and Holtec and Entergy Nuclear Palisades, LLC Decommissioning International, LLC
December 27, 2022
3 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
4