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Category:Legal-Motion
MONTHYEARML24204A1512024-05-17017 May 2024
05.17.24 Petitioners Motion to Extend Time to File Petition for Rehearing
ML24088A0252024-03-27027 March 2024
03.27.24 Respondents Motion for Extension
ML23268A0532023-09-25025 September 2023
NRC Staff Unopposed Motion Requesting Leave to Responds to the San Luis Obispo Mothers for Peace and Friends of the Earth Hearing Request and Request to Suspend Operations
ML23228A0052023-08-16016 August 2023
San Luis Obispo Mothers for Peace'S Unopposed Motion for Extension of Time to Respond to Pacific Gas and Electric Company'S Brief on Appeal of LBP-23-07
ML16068A0062016-03-0707 March 2016
Petitioners Reply to Motion to Hold Abeyance 3-7-16
ML16043A5182016-02-11011 February 2016
Petitioner'S Motion to Hold the Case in Abeyance 2-11-16
ML15272A3782015-09-25025 September 2015
Foe Response to Motion to Govern
ML15212A7322015-07-31031 July 2015
Pacific Gas and Electric Company'S Motion for Summary Disposition on Contention EC 1
ML15162A9772015-06-11011 June 2015
NRC Staff Answer Opposing the Friends of the Earth Motion to Allow Supplemental Briefing
ML15156B5212015-06-0505 June 2015
Petitioner Friends of the Earth'S Motion to Allow Supplemental Briefing
ML15120A5692015-04-30030 April 2015
Notice of Appearance Daniel Straus for NRC Staff
ML15105A6142015-04-0909 April 2015
14-1213(D.C.Cir.) Intervenors Response to Motion to Supplement
ML15104A3022015-04-0707 April 2015
14-1213(D.C.Cir.) Respondents Response to Petitioner'S Motion to Supplement the Record (Filed)
ML15085A4142015-03-25025 March 2015
14-1213 Motion to Supplement
ML15085A4412015-03-23023 March 2015
14-1213 Motion to Supplement Exhibit 2
ML15085A4392015-03-23023 March 2015
14-1213 Motion to Supplement Exhibit 1
ML15057A6182015-02-26026 February 2015
14-1213 Respondents Motion to Defer Briefing Schedule
ML15030A4912015-01-30030 January 2015
NRC Staff Motion Regarding Dr Michael Peck Email to the Board
ML15030A4882015-01-30030 January 2015
Joint Motion to Correct the Transcript
ML15014A5092015-01-0808 January 2015
14-1213 (D.C.Cir.) Respondents' Reply (Filed)
ML15014A5042014-12-29029 December 2014
14-1213(D.C.Cir.)PG&E Response to Motion to Dismiss
ML15012A5362014-12-10010 December 2014
14-1213(D.C.Cir.)Respondents Motion to Dismiss (Filed)
ML14308A5322014-11-0303 November 2014
Notice of Appearance of Joseph A. Lindell on Behalf of the U.S. Nuclear Regulatory Commission in the Matter of Diablo Canyon, Units 1 and 2
ML14259A5762014-09-16016 September 2014
NRC Staff'S Unopposed Motion to Clarify or Set a Filing Schedule for the Petition to Intervene and Request for Hearing by Friends of the Earth Concerning Diablo Canyon
ML11257A1602011-09-14014 September 2011
Joint Motion to Amend Deadline for Initial Disclosures on Contentions TC-1 and EC-4
ML1112604662011-05-0606 May 2011
Petitioners' Motion for Modification of the Commission'S April 19, 2011, Order to Permit a Consolidated Reply; Petitioners' Reply . . . Certificate of Counsel Regarding Consultation; Certificate of Service
ML1031306162010-11-0909 November 2010
Joint Motion for Protective Order
ML1016904082010-06-18018 June 2010
NRC Staff'S Unopposed Motion to Correct the Transcript of the Oral Argument Held on May 26, 2010
ML0720402732007-07-18018 July 2007
San Luis Obispo Mothers for Peace'S Motion for Leave to Reply to Pg&E'S and NRC Staff'S Oppositions to Slomfp'S Contentions and Request for a Hearing Regarding Diablo Canyon Environmental Assessment Supplement, with Accompanying Reply
ML0715000332007-05-29029 May 2007
Diablo Canyon ISFSI - Supplement to the EA
ML0715000302007-05-29029 May 2007
Diablo Canyon ISFSI - NRC Staff'S Supplement to Environmental Assessment and Notice of Appearance for Lisa B. Clark
ML0715000372007-05-24024 May 2007
Diablo Canyon ISFSI - Notice of Availability of the Supplement
ML0717601322007-05-0202 May 2007
5/2/2007 - Respondents' Unopposed Motion for Panel Referral to Mediation Between San Luis Obispo Mothers for Peace V. USNRC and Pacific Gas and Electric Company; No. 03-74628
ML0717601282007-04-16016 April 2007
4/16/2007 - Respondents' Response to Petitioners Motion for Attorney'S Fees and Costs Between San Luis Obispo Mother for Peace, Sierra Club & Peg Pinard, V. USNRC and Pacific Gas & Electric Company; No. 03-74628
ML0717601622007-03-20020 March 2007
3/20/2007 - Respondents' Second Unopposed Motion for Extension of Time Between San Luis Obispo Mothers for Peace, Petitioners, V. USNRC, Respondents and Pacific Gas and Electric Company, Intervenor; No. 03-74628
ML0717601512007-02-22022 February 2007
2/22/2007 - Respondents' Unopposed Motion for Extension of Time Between San Luis Obispo Mothers for Peace, Petitioners V. USNRC, Respondents, and Pacific Gas and Electric Company, Intervenor; No. 03-74628
ML0717601442007-02-14014 February 2007
2/14/2007 - Petitioner'S Motion for Attorney'S Fees and Costs Under Eaja Between San Luis Obispo Mothers for Peace V. USNRC and Pacific Gas & Electric Co.; No. 03-74628
ML0704002642007-02-0505 February 2007
Response by San Luis Obispo Mothers for Peace, Sierra Club, and Peg Pinard to PG&E Motion for Prompt Commission Action
ML0627703302006-09-28028 September 2006
Answer of Pacific Gas and Electric Company to Motion for Partial Reconsideration of CLI-06-23
ML0627101002006-09-18018 September 2006
Motion by San Luis Obispo Mothers for Peace, Sierra Club, and Peg Pinard for Partial Reconsideration of CL1-06-23
ML0436502452004-11-10010 November 2004
Motion by Intervenor, Dated 11/10/04
ML0420202992004-07-0909 July 2004
Notice of Motion and 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), and Supporting Memorandum of Points and Authorities
ML0420203022004-07-0808 July 2004
Declaration of Grant Kolling in Support of Motion of City of Palo Alto for Order Directing Payment of Reasonable Attorney Fees and Costs
ML0413303752004-05-0505 May 2004
Pacific Gas and Electric Company'S Response to City of Santa Clara Request for Order Declaring Transfer Orders Null and Void
ML0411703032004-04-23023 April 2004
City of Santa Clara, California'S Response to Pacific Gas and Electric Company'S Motion to Terminate Proceeding
ML0411304202004-04-13013 April 2004
Pacific Gas and Electric Company'S Motion to Terminate Proceeding
ML0430200632004-03-31031 March 2004
Federal Respondents' Unopposed Motion for Extension of Time, Dated 3/31/04
ML0404403202004-02-0606 February 2004
Notice of Motion and Motion for Approval Re Disputed Claims Escrow Accounts; Memorandum of Points-And Authorities in Support Thereof
ML0404403172004-02-0606 February 2004
Notice of Motion and Motion for Extension of Time to Object to Certain Proofs of Claim and for Related Relief; Memorandum of Points and Authorities in Support Thereof (Supporting Declaration of Kermit Kubitz Filed Separately)
ML0403706062004-01-29029 January 2004
Notice of Motion and Motion for Authority to Establish Cash-Collateralized Letter of Credit Program and Facility to Secure Gas Purchases, and to Incur Secured Debt Related Thereto; Memorandum of Points and Authorities in Support Thereof (Su
2024-05-17
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January 30, 2015 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
) ) PACIFIC GAS AND ELECTRIC COMPANY ) Docket Nos.
50-275-LR/ 50-323-LR ) (Diablo Canyon Nuclear Power Plant, ) Units 1 and 2)
) NRC STAFF MOTION REGARDING DR. MICHAEL PECK'S E
-MAIL TO THE BOARD INTRODUCTION Pursuant to 10 C.F.R. § 2.323(a), the NRC staff (Staff) respectfully request s that the Board not consider the January 21, 2015 e
-mail from Dr. Michael Peck to Judge Ryerson in any determination made in this proceeding
.1 The e-mail raises issues outside the scope of license renewal that are not relevant to the proposed or admitted contentions, and Dr. Peck's statements do not represent the position of the Staff.
BACKGROUND On January 21, 2015, the Board held oral argument on the admissibility of three contentions filed by Friends of the Earth concerning the September 2014 Shoreline Fault Report prepared by Pacific Gas & Electric Company ("PG&E") for the State of California.
2 Less than
1 Pursuant to 10 C.F.R. § 2.323(b), counsel for the Staff certifies that it made a sincere effort to contact the other parties in this proceeding and explained to them the legal and factual reasons for this motion. Counsel for PG&E stated that PG&E supports the motion and reserves the right to respond in due course, if necessary.
Counsel for Friends of the Earth stated that Friends of the Earth opposes the motion. Counsel for San Luis Obispo Mothers for Peace was contacted, but did not provide a response.
2 See Friends of the Earth's Request for a Hearing and Petition to Intervene (Oct. 10, 2014) (continued. . .) one hour after the argument concluded, Dr. Michael Peck, an NRC employee who is not a Staff witness in this matter , sent Judge Ryerson an ex parte communication via e-mail concerning several seismic documents related to Diablo Canyon and the nature of the plant's current licensing basis ("CLB").3 Specifically, Dr. Peck's e
-mail discussed: (1) the development of the 1977 Hosgri Report; (2) the proper interpretation of the differing professional opinion ("DPO") filed by Dr. Peck in 2013; (3) how Diablo Canyon's three design basis earthquakes are applied to operability; and (4) the licensee's duty to update the Final Safety Analysis Report ("FSAR") pursuant to 10 C.F.R. § 50.71(e).4 Judge Ryerson promptly requested that the Office of the Secretary serve Dr. Peck's e
-mail on the parties and place it on the license renewal docket.5 DISCUSSION The Staff ask s the Board not to consider Dr. Peck's communication for three reasons. First, the issues raised in the e
-mail are not relevant to license renewal
- rather, the e
-mail concerns current licensing issues , i.e., the methods for performing operability determinations , and the licensee's duty to update its FSAR
.6 Such matters are not within the scope of license renewal.7
(. . .continued)
(ADAMS Accession No. ML14283A591) ("Petition to Intervene").
3 See Correspondence to Parties Concerning USGS Circular 672 (Jan. 21, 2015) (Agencywide Documents Access and Management System ("ADAMS") Accession No. ML15021A529) ("Peck e
-mail"). 4 Id. 5 Id. 6 Id. 7 Florida Power & Light Co. (Turkey Point Nuclear Generating Plant, Units 3 and 4), CLI 17, 54 NRC 3, 8-9 (2001) (stating that the Commission's ongoing regulatory oversight ensures the adequacy of the plant's current licensing basis, thus there is no reason to reanalyze the adequacy of the CLB for license renewal).
Second, Dr. Peck's e
-mail is not relevant to the proposed or admitted contentions in this proceeding. Friends of the Earth's proposed contentions relate to the impact of purportedly new information in the Shoreline Fault Report on the license renewal application.8 Friends of the Earth's contentions do not pertain to the documents referenced by Dr. Peck, to how the plant's three design basis earthquakes are applied to operability, or to the licensee's duty to update the FSAR. The e-mail is also not germane to the admitted contention filed by San Luis Obispo Mothers for Peace
, because it is unrelated to the Severe Accident Mitigation Alternatives Analysis submitted by the licensee.
9 Third, Dr. Peck's communication does not represent the position of the Staff. The Staff' s views pertaining to issues raised in this proceeding can be found in its filings submitted on this docket. Information concerning Dr. Peck's DPO and the Staff's resolution of his concerns can be found in a separate, publicly available DPO case file available on ADAMS.10 This proceeding is not the appropriate forum to revisit the arguments made by Dr. Peck or the Staff's responses.
CONCLUSION For all of the foregoing reasons, the Staff requests that the Board not consider Dr. Peck's e-mail in this proceeding.
Respectfully submitted
, /Signed (electronically) by
/
8 See generally Petition to Intervene.
9 See generally Pac. Gas & Elec. Co.
(Diablo Canyon Nuclear Power Plant, Units 1 and 2), LBP-10-15, 72 NRC 257, 345
-46 (2010); Pac. Gas & Elec. Co. (Diablo Canyon Nuclear Power Plant, Units 1 and 2),CLI-11-11, 74 NRC 427, 429 (2011).
10 [Differing Professional Opinion (DPO)] Case File for DPO
-2013-002 (ADAMS Accession No. ML14252A743)
. Joseph A. Lindell Counsel for the NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop
- O-15D21 Washington, DC 20555 Telephone: (301) 415
-1474 E-mail: joseph.lindell@nrc.gov Date of signature: January 30, 201 5 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
) ) PACIFIC GAS AND ELECTRIC COMPANY
) Docket Nos. 50
-275-LR/ 50-323-LR ) (Diablo Canyon Nuclear Power Plant, ) Units 1 and 2) ) CERTIFICATE OF SERVICE
Pursuant to 10 C.F.R § 2.305 , I hereby certify that a copy of the foregoing "NRC STAFF MOTION REGARDING DR. MICHAEL PECK'S E
-MAIL TO THE BOARD,"
dated January 30
, 201 5, has been filed through the Electronic Information Exchange, the NRC's E
-Filing System, in the above captioned proceeding, this 30 th day of January, 201 5:
/Signed (electronically) by/
Joseph A. Lindell Counsel for the NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop
- O-15D21 Washington, DC 20555 Telephone: (301) 415-1474 E-mail: joseph.lindell@nrc.gov Date of signature
- January 30, 20 1 5
