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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
1)(Regarding the Renewal of Facility Operating License NPF-003 for a 20-Year
Period))Docket No. 50-346)   
)
) 
)  *****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
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.
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
procedure.
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.
  /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 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: 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 }}

Revision as of 22:07, 2 August 2018

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 J
- 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 ofFirst 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))Docket No. 50-346)

)

)

) *****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

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 hours2.314815e-4 days <br />0.00556 hours <br />3.306878e-5 weeks <br />7.61e-6 months <br /> of his time wasspent 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 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

procedure.

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.

/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 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: 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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