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{{#Wiki_filter:October 7, 2011 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter ofFirst Energy Nuclear Operating Company (Davis-Besse Nuclear Power Station, Unit
{{#Wiki_filter:October 7, 2011 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of                                    )      Docket No. 50-346 First Energy Nuclear Operating Company               )
(Davis-Besse Nuclear Power Station, Unit
: 1)                                                  )
(Regarding the Renewal of Facility                  )
Operating License NPF-003 for a 20-Year Period)                                              )
*                      *                      *                    *
* MOTION FOR LEAVE FOR INTERVENORS OPPOSITION TO FENOC AND NRC STAFF MOTIONS TO STRIKE PORTIONS OF INTERVENORS REPLY IN SUPPORT OF ADMITTING CONTENTION CONCERNING FUKUSHIMA DAI-ICHI ACCIDENT TO BE DEEMED FILED INSTANTER Beyond Nuclear, Citizens Environment Alliance of Southwestern Ontario, Dont Waste Michigan, and the Green Party of Ohio (Intervenors), by and through counsel, hereby move to have their Opposition to FENOC and NRC Staff Motions to Strike Portions of Inteervenors Reply in Support of Admitting Contention Concerning Fukushima Dai-ichi Accident to be deemed filed instanter as of October 6, 2011.
Intervenors counsel admits that he inadvertently believed that his clients response to the motions to strike was due 14, not 10, days following filing, which would have been October 6, 2011. Counsel has extensive practice experience in the federal courts, where 14 days is the rule norm for response to procedural motions. His was an honest mistake, for counsel has been


1)(Regarding the Renewal of Facility Operating License NPF-003 for a 20-Year
overwhelmed with work. During the week of September 30, some 20 hours of his time was spent in preparing voluminous discovery responses in a civil rights lawsuit, Golembiewski v.
Logie, Case No. 11-cv-57, pending in U.S. District Court in Toledo. Then counsel was reqiured to prepare for oral argument at the Sixth Circuit Circuit Court of appeals in a complicated environmental law appeal captioned Weiss v. Salazar, Case No. 10-1313, on October 11, 2011.
Over 250 pages of briefing has been filed in that matter. Also as to that appeal, counsel must respond to a 13-page Suggestion of Mootness filed in Case No. 10-1313 on September 29, 2011, which is due prior to the oral argument, as undoubtedly the topic of alleged mootness will be an issue on October 11 at oral argument.
Counsel further had to finalize and file a response to a motion for summary judgment in a state court insurance coverage case captioned Mason v. Hallowell, Case No. CI 0201007239, pending in Lucas County (Ohio) Court of Common Pleas on October 5. That motion for summary judgment was filed in early August (and the response did get in). Finally, counsel had to research and prepare the late-filed memorandum in opposition to the FENOC and NRC motions to strike in this NRC operating license renewal case, laboring under the incorrect impression that he had until October 6, 2011 as a deadline, for which counsel apologizes.
Intervenors filed on October 6 a 5 page memorandum setting forth arguments of law as their opposition to the motions to strike. FENOC and the NRC Staff can ill maintain that they are prejudiced by the 3-day delay in filing, as the addition of 3 days to the overall time the Board expends in determining the motions to strike should be of negligible import.
Intervenors submit that the longstanding, pre-existing workload of their attorney as outlined above provides adequate explanation such as should allow their memorandum to be


Period))Docket No. 50-346)   
considered part of the record. Counsel and Intervenors do not have a record of delaying these proceedings and have repeatedly met the time constraints imposed by NRC regulations and procedure.
)
WHEREFORE, Intervenors pray the Court allow their opposition memorandum to the motions to strike to be deemed timely filed, instanter, as of October 6, 2011.
) 
Respectfully submitted this 7th day of October, 2011.
)  *****MOTION FOR LEAVE FOR INTERVE NORS' OPPOSITION TO FENOC AND NRC STAFF MOTIONS TO STRIKE PORTIONS OF INTERVENORS' REPLY IN SUPPORT OF ADMITTI NG  CONTENTION CONCERNING FUKUSHIMA DAI-ICHI ACCIDENT TO BE DEEMED FILED INSTANTERBeyond Nuclear, Citizens Environment Alliance of Southwestern Ontario, Don't WasteMichigan, and the Green Party of Ohio ("Intervenors"), by and through counsel, hereby move to
                                                /s/ Terry J. Lodge Terry J. Lodge (OH #0029271) 316 N. Michigan St., Ste. 520 Toledo, OH 43604-5627 (419) 255-7552 Fax (419) 255-8582 Tjlodge50@yahoo.com Counsel for Intervenors


have their "Opposition to FENOC and NRC Staff Mo tions to Strike Portions of Inteervenors'Reply in Support of Admitting Contention Concerning Fukushima Dai-ichi Accident" to bedeemed filed instanter as of October 6, 2011.Intervenors' counsel admits that he inadvertently believed that his clients' response to themotions to strike was due 14, not 10, days follo wing filing, which would have been October 6, 2011. Counsel has extensive practice experience in the federal courts, where 14 days is the rule norm for response to procedural motions. His was an honest mistake, for counsel has been overwhelmed with work. During the week of September 30, some 20 hours of his time wasspent in preparing voluminous discovery responses in a civil rights lawsuit, Golembiewski v.
October 7, 2011 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of                                       )      Docket No. 50-346 First Energy Nuclear Operating Company                )
Logie , Case No. 11-cv-57, pending in U.S. District Court in Toledo. Then counsel was reqiuredto prepare for oral argument at the Sixth Circuit Circuit Court of appeals in a complicated environmental law appeal captioned Weiss v. Salazar , Case No. 10-1313, on October 11, 2011. Over 250 pages of briefing has been filed in that matter. Also as to that appeal, counsel must respond to a 13-page "Suggestion of Mootness" filed in Case No. 10-1313 on September 29, 2011, which is due prior to the oral argument, as undoubtedly the topic of alleged mootness will be an issue on October 11 at oral argument. Counsel further had to finalize and file a response to a motion for summary judgment in a state court insurance coverage case captioned Mason v. Hallowell , Case No. CI 0201007239, pending in Lucas County (Ohio) Court of Common Pleas on October 5. That motion forsummary judgment was filed in early August (and the response did get in). Finally, counsel had to research and prepare the late-filed memorandum in opposition to the FENOC and NRC motions to strike in this NRC operating license renewal case, laboring under the incorrect impression that he had until October 6, 2011 as a deadline, for which counsel apologizes.Intervenors filed on October 6 a 5 page memorandum setting forth arguments of law astheir opposition to the motions to strike. FENOC and the NRC Staff can ill maintain that they are prejudiced by the 3-day delay in filing, as the addition of 3 days to the overall time the Board expends in determining the motions to strike should be of negligible import.Intervenors submit that the longstanding, pre-existing workload of their attorney asoutlined above provides adequate explanation such as should allow their memorandum to be considered part of the record. Counsel and Intervenors do not have a record of  delaying theseproceedings and have repeatedly met the time constraints imposed by NRC regulations and
(Davis-Besse Nuclear Power Station, Unit
: 1)                                                    )
                                                      )
*                      *                      *                      *
* CERTIFICATE OF SERVICE I hereby certify that copies of the foregoingMOTION FOR LEAVE FOR INTERVENORS OPPOSITION TO FENOC AND NRC STAFF MOTIONS TO STRIKE PORTIONS OF INTERVENORS REPLY IN SUPPORT OF ADMITTING CONTENTION CONCERNING FUKUSHIMA DAI-ICHI ACCIDENT TO BE DEEMED FILED INSTANTER have been served on the following persons via Electronic Information Exchange this 7th day of October, 2011:
William E. Kastenberg Office of Commission Appellate                        Administrative Judge Adjudication                                          E-mail: wek1@nrc.gov U.S. Nuclear Regulatory Commission                    Hillary Cain Washington, DC 20555-0001                            Law Clerk E-mail: ocaamail@nrc.gov                              E-mail: hillary.cain@nrc.gov U.S. Nuclear Regulatory Commission.
Atomic Safety and Licensing Board Panel              Office of the Secretary of the Commission Mail Stop T-3F23                                      U.S. Nuclear Regulatory Commission Washington, DC 20555-0001                            Mail Stop O-16C1 William J. Froehlich, Chair                          Washington, DC 20555-0001 Administrative Judge                                  Hearing Docket E-mail: William.froehlich@nrc.gov                    E-mail: hearingdocket@nrc.gov Nicholas G. Trikouros                                Office of the General Counsel Administrative Judge                                  U.S. Nuclear Regulatory Commission E-mail: nicholas.trikouros@nrc.gov                    Mail Stop O-15D21


procedure.
Washington, DC 20555-0001 Edward L. Williamson, Esq.
WHEREFORE, Intervenors pray the Court allow their opposition memorandum to themotions to strike to be deemed timely filed, instanter , as of October 6, 2011.Respectfully submitted this 7th day of October, 2011.
E-mail: edward.williamson@nrc.gov Lloyd B. Subin, Esq.
  /s/ Terry J. Lodge Terry J. Lodge (OH #0029271) 316 N. Michigan St., Ste. 520
E-mail: lloyd.subin@nrc.gov Brian Harris, Esq.
 
E-mail: brian.harris@nrc.gov Brian P. Newell, Paralegal E-mail: brian.newell@nrc.gov OGC Mail Center :
Toledo, OH 43604-5627
OGCMailCenter@nrc.gov FirstEnergy Service Company.
 
Mailstop: A-GO-15 76 South Main Street Akron, OH 44308 David W. Jenkins, Esq.
(419) 255-7552
E-mail : djenkins@firstenergycorp.com Morgan, Lewis & Bockius Pennsylvania Avenue, NW Washington, D.C. 20004 Stephen Burdick, Esq.
 
E-mail: sburdick@morganlewis.com Alex Polonsky, Esq.
Fax (419) 255-8582
E-mail: apolonsky@morganlewis.com Kathryn M. Sutton, Esq.
 
E-mail: ksutton@morganlewis.com Martin ONeill, Esq.
Tjlodge50@yahoo.com Counsel for Intervenors October 7, 2011 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter ofFirst Energy Nuclear Operating Company (Davis-Besse Nuclear Power Station, Unit
 
1))Docket No. 50-346)   
)
)    *****CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing"MOTION FOR LEAVE FOR INTERVENORS' OPPOSITION TO FENOC AND NRC STAFF MOTIONS TO STRIKE
 
PORTIONS OF INTERVENORS' REPLY IN SUPPORT OF ADMITTING CONTENTION
 
CONCERNING FUKUSHIMA DAI-ICHI ACCIDENT TO BE DEEMED FILED INSTANTER"have been served on the following persons via Electronic Information Exchange this 7th day of
 
October, 2011:Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov U.S. Nuclear Regulatory Commission.
Atomic Safety and Licensing Board Panel
 
Mail Stop T-3F23 Washington, DC 20555-0001 William J. Froehlich, Chair Administrative Judge E-mail: William.froehlich@nrc.gov
 
Nicholas G. Trikouros Administrative Judge E-mail: nicholas.trikouros@nrc.govWilliam E. KastenbergAdministrative Judge E-mail: wek1@nrc.gov
 
Hillary Cain
 
Law Clerk E-mail: hillary.cain@nrc.govOffice of the Secretary of the CommissionU.S. Nuclear Regulatory Commission
 
Mail Stop O-16C1 Washington, DC 20555-0001
 
Hearing Docket E-mail: hearingdocket@nrc.gov
 
Office of the General Counsel U.S. Nuclear Regulatory Commission
 
Mail Stop O-15D21 Washington, DC 20555-0001Edward L. Williamson, Esq.
E-mail: edward.williamson@nrc.gov
 
Lloyd B. Subin, Esq.
E-mail: lloyd.subin@nrc.gov
 
Brian Harris, Esq.
E-mail: brian.harris@nrc.gov
 
Brian P. Newell, Paralegal E-mail: brian.newell@nrc.gov
 
OGC Mail Center :
 
OGCMailCenter@nrc.govFirstEnergy Service Company.
Mailstop: A-GO-15
 
76 South Main Street
 
Akron, OH 44308 David W. Jenkins, Esq.
E-mail : djenkins@firstenergycorp.com Morgan, Lewis & Bockius Pennsylvania Avenue, NW Washington, D.C. 20004
 
Stephen Burdick, Esq.
E-mail: sburdick@morganlewis.com
 
Alex Polonsky, Esq.
E-mail: apolonsky@morganlewis.com
 
Kathryn M. Sutton, Esq.
E-mail: ksutton@morganlewis.com
 
Martin O'Neill, Esq.
E-mail: martin.oneill@morganlewis.com Timothy Matthews, Esq.
E-mail: martin.oneill@morganlewis.com Timothy Matthews, Esq.
E-mail: tmatthews@morganlewis.com
E-mail: tmatthews@morganlewis.com Mary Freeze, Legal Secretary E-mail: mfreeze@morganlewis.com Lisa Harris, Legal Secretary E-mail: lisa.harris@morganlewis.com
 
                                        /s/ Terry J. Lodge Terry J. Lodge (OH #0029271) 316 N. Michigan St., Ste. 520 Toledo, OH 43604-5627 (419) 255-7552 Tjlodge50@yahoo.com Counsel for Intervenors
Mary Freeze, Legal Secretary E-mail: mfreeze@morganlewis.com
                                        }}
 
Lisa Harris, Legal Secretary E-mail: lisa.harris@morganlewis.com
  /s/ Terry J. Lodge Terry J. Lodge (OH #0029271) 316 N. Michigan St., Ste. 520
 
Toledo, OH 43604-5627
 
(419) 255-7552
 
Tjlodge50@yahoo.com
 
Counsel for Intervenors }}

Revision as of 14:40, 12 November 2019

Motion for Leave for Intervenors' Opposition to FENOC and NRC Staff Motions to Strike Portions of Intervenors' Reply in Support of Admitting Contention Concerning Fukushima Dai-ichi Accident to Be Deemed Filed Instanter
ML11285A011
Person / Time
Site: Davis Besse Cleveland Electric icon.png
Issue date: 10/07/2011
From: Lodge T
- No Known Affiliation, Beyond Nuclear, Citizens Environmental Alliance of Southwestern Ontario, Don't Waste Michigan, Green Party of Ohio
To:
Atomic Safety and Licensing Board Panel
SECY RAS
References
RAS 21210, 50-346-LR, ASLBP 11-907-01-LR-BD01
Download: ML11285A011 (5)
v • d • e


Text

October 7, 2011 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of ) Docket No. 50-346 First Energy Nuclear Operating Company )

(Davis-Besse Nuclear Power Station, Unit

1) )

(Regarding the Renewal of Facility )

Operating License NPF-003 for a 20-Year Period) )

  • * * *
  • MOTION FOR LEAVE FOR INTERVENORS OPPOSITION TO FENOC AND NRC STAFF MOTIONS TO STRIKE PORTIONS OF INTERVENORS REPLY IN SUPPORT OF ADMITTING CONTENTION CONCERNING FUKUSHIMA DAI-ICHI ACCIDENT TO BE DEEMED FILED INSTANTER Beyond Nuclear, Citizens Environment Alliance of Southwestern Ontario, Dont Waste Michigan, and the Green Party of Ohio (Intervenors), by and through counsel, hereby move to have their Opposition to FENOC and NRC Staff Motions to Strike Portions of Inteervenors Reply in Support of Admitting Contention Concerning Fukushima Dai-ichi Accident to be deemed filed instanter as of October 6, 2011.

Intervenors counsel admits that he inadvertently believed that his clients response to the motions to strike was due 14, not 10, days following filing, which would have been October 6, 2011. Counsel has extensive practice experience in the federal courts, where 14 days is the rule norm for response to procedural motions. His was an honest mistake, for counsel has been

overwhelmed with work. During the week of September 30, some 20 hours2.314815e-4 days <br />0.00556 hours <br />3.306878e-5 weeks <br />7.61e-6 months <br /> of his time was spent in preparing voluminous discovery responses in a civil rights lawsuit, Golembiewski v.

Logie, Case No. 11-cv-57, pending in U.S. District Court in Toledo. Then counsel was reqiured to prepare for oral argument at the Sixth Circuit Circuit Court of appeals in a complicated environmental law appeal captioned Weiss v. Salazar, Case No. 10-1313, on October 11, 2011.

Over 250 pages of briefing has been filed in that matter. Also as to that appeal, counsel must respond to a 13-page Suggestion of Mootness filed in Case No. 10-1313 on September 29, 2011, which is due prior to the oral argument, as undoubtedly the topic of alleged mootness will be an issue on October 11 at oral argument.

Counsel further had to finalize and file a response to a motion for summary judgment in a state court insurance coverage case captioned Mason v. Hallowell, Case No. CI 0201007239, pending in Lucas County (Ohio) Court of Common Pleas on October 5. That motion for summary judgment was filed in early August (and the response did get in). Finally, counsel had to research and prepare the late-filed memorandum in opposition to the FENOC and NRC motions to strike in this NRC operating license renewal case, laboring under the incorrect impression that he had until October 6, 2011 as a deadline, for which counsel apologizes.

Intervenors filed on October 6 a 5 page memorandum setting forth arguments of law as their opposition to the motions to strike. FENOC and the NRC Staff can ill maintain that they are prejudiced by the 3-day delay in filing, as the addition of 3 days to the overall time the Board expends in determining the motions to strike should be of negligible import.

Intervenors submit that the longstanding, pre-existing workload of their attorney as outlined above provides adequate explanation such as should allow their memorandum to be

considered part of the record. Counsel and Intervenors do not have a record of delaying these proceedings and have repeatedly met the time constraints imposed by NRC regulations and procedure.

WHEREFORE, Intervenors pray the Court allow their opposition memorandum to the motions to strike to be deemed timely filed, instanter, as of October 6, 2011.

Respectfully submitted this 7th day of October, 2011.

/s/ Terry J. Lodge Terry J. Lodge (OH #0029271) 316 N. Michigan St., Ste. 520 Toledo, OH 43604-5627 (419) 255-7552 Fax (419) 255-8582 Tjlodge50@yahoo.com Counsel for Intervenors

October 7, 2011 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of ) Docket No. 50-346 First Energy Nuclear Operating Company )

(Davis-Besse Nuclear Power Station, Unit

1) )

)

  • * * *
  • CERTIFICATE OF SERVICE I hereby certify that copies of the foregoingMOTION FOR LEAVE FOR INTERVENORS OPPOSITION TO FENOC AND NRC STAFF MOTIONS TO STRIKE PORTIONS OF INTERVENORS REPLY IN SUPPORT OF ADMITTING CONTENTION CONCERNING FUKUSHIMA DAI-ICHI ACCIDENT TO BE DEEMED FILED INSTANTER have been served on the following persons via Electronic Information Exchange this 7th day of October, 2011:

William E. Kastenberg Office of Commission Appellate Administrative Judge Adjudication E-mail: wek1@nrc.gov U.S. Nuclear Regulatory Commission Hillary Cain Washington, DC 20555-0001 Law Clerk E-mail: ocaamail@nrc.gov E-mail: hillary.cain@nrc.gov U.S. Nuclear Regulatory Commission.

Atomic Safety and Licensing Board Panel Office of the Secretary of the Commission Mail Stop T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Mail Stop O-16C1 William J. Froehlich, Chair Washington, DC 20555-0001 Administrative Judge Hearing Docket E-mail: William.froehlich@nrc.gov E-mail: hearingdocket@nrc.gov Nicholas G. Trikouros Office of the General Counsel Administrative Judge U.S. Nuclear Regulatory Commission E-mail: nicholas.trikouros@nrc.gov Mail Stop O-15D21

Washington, DC 20555-0001 Edward L. Williamson, Esq.

E-mail: edward.williamson@nrc.gov Lloyd B. Subin, Esq.

E-mail: lloyd.subin@nrc.gov Brian Harris, Esq.

E-mail: brian.harris@nrc.gov Brian P. Newell, Paralegal E-mail: brian.newell@nrc.gov OGC Mail Center :

OGCMailCenter@nrc.gov FirstEnergy Service Company.

Mailstop: A-GO-15 76 South Main Street Akron, OH 44308 David W. Jenkins, Esq.

E-mail : djenkins@firstenergycorp.com Morgan, Lewis & Bockius Pennsylvania Avenue, NW Washington, D.C. 20004 Stephen Burdick, Esq.

E-mail: sburdick@morganlewis.com Alex Polonsky, Esq.

E-mail: apolonsky@morganlewis.com Kathryn M. Sutton, Esq.

E-mail: ksutton@morganlewis.com Martin ONeill, Esq.

E-mail: martin.oneill@morganlewis.com Timothy Matthews, Esq.

E-mail: tmatthews@morganlewis.com Mary Freeze, Legal Secretary E-mail: mfreeze@morganlewis.com Lisa Harris, Legal Secretary E-mail: lisa.harris@morganlewis.com

/s/ Terry J. Lodge Terry J. Lodge (OH #0029271) 316 N. Michigan St., Ste. 520 Toledo, OH 43604-5627 (419) 255-7552 Tjlodge50@yahoo.com Counsel for Intervenors

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