|
---|
Category:Legal-Motion
MONTHYEARML20079J1802020-03-19019 March 2020 Unopposed Motion of the Commonwealth of Massachusetts to Correct a Previously Filed Declaration ML20035C7562020-01-30030 January 2020 1-30-20 Entergy Motion to Intervene (DC Cir.)(Case No. 20-1019) ML20031D4332020-01-29029 January 2020 1-29-20 Reply to Response to Motion to Dismiss (DC Cir.)(Case No. 19-1198) ML19347D4152019-12-13013 December 2019 Motion of the Commonwealth of Massachusetts to Amend Its Petition with New Information ML19303B4252019-10-28028 October 2019 Transport Room (Motion for Stay Pending Appellate Review)(Dc Cir.)(Case No. 19-1198) 10-28-19 ML19295E6852019-10-16016 October 2019 Entergy Motion to Intervene (DC Cir.)(Case No. 19-1198) 10-16-19 ML19247E5092019-09-0404 September 2019 Motion of the Commonwealth of Massachusetts for a Twenty-Two Minute Enlargement of Time to File Its Stay Application and Supporting Appendix ML19246A0332019-09-0303 September 2019 Watch Motion Under 10 C.F.R 2.1327 to Stay Staff Order of August 22, 2019 ML19246A0322019-09-0303 September 2019 Watch Motion to Stay Staff Order of August 22, 2019 Granting Exemption ML19247B4312019-09-0303 September 2019 Application of the Commonwealth of Massachusetts for a Stay of the Effectiveness of the NRC Staff Actions Approving the License Transfer Application and Request for an Exemption to Use the Decommissioning Trust Fund for Non-Decommissioning ML19230A0212019-08-18018 August 2019 Reply of the Commonwealth of Massachusetts in Support of Its Motion for an Enlargement of Time to File an Application to Stay a Nuclear Regulatory Commission Staff Order Approving the License Transfer Application ML19227A3982019-08-15015 August 2019 Emergency Motion of the Commonwealth of Massachusetts for an Enlargement of Time to File an Application to Stay a Nuclear Regulatory Commission Staff Order Approving the License Transfer Application ML19227A0682019-08-15015 August 2019 Emergency Motion of the Commonwealth of Massachusetts for Clarification of the Commission'S August 14, 2019 Memorandum and Order ML19213A3132019-08-0101 August 2019 Motion of the Commonwealth of Massachusetts to Stay Proceeding to Complete Settlement Negotiations ML19129A4732019-05-0909 May 2019 Watch Motion to Supplement Its Motion to Intervene and Request for Hearing, Biodiversity (05.09.19) ML19129A3732019-05-0909 May 2019 Commonwealth of Massachusetts' Reply in Support of Motion to Supplement Its Petition with New Information ML19114A5192019-04-24024 April 2019 Motion of the Commonwealth of Massachusetts to Supplement Its Petition with New Information ML19091A1892019-04-0101 April 2019 Watch Reply to Applicant'S Answer Opposing Pilgrim Watch Petition for Leave to Intervene and Hearing Request ML19077A2762019-03-18018 March 2019 Unopposed Motion of the Commonwealth of Massachusetts for an Enlargement of Time to File Its Reply ML19077A2092019-03-18018 March 2019 Notices of Appearance of David R. Lewis, Anne R. Leidich, and Susan H. Raimo ML18348A9852018-12-14014 December 2018 New England Coalition'S Withdrawal of Its Request for a Hearing and Petition for Leave to Intervene ML18071A4142018-03-12012 March 2018 Amended Motion to Hold in Abeyance Action on New England Coalition'S Petition for Leave to Intervene and Hearing Request in Consideration of Anticipated Withdrawal ML17164A2392017-06-13013 June 2017 Request for Leave to Reply and Reply to Applicants' Response to New England Coalition'S Request for Extension ML17164A2682017-06-13013 June 2017 Attachment Two - Five E-mails Tracing Efforts on June 9, 2017 to File a Request for an Extension of Time ML17164A2382017-06-13013 June 2017 Resubmitted Request for Extension of Time to File Request for Hearing and Petition for Leave to Intervene ML16005A6232016-01-0505 January 2016 Unopposed Motion by the States for an Enlargement of Time to File an Answer to Entergy Motion to Strike the States Reply ML15362A4902015-12-28028 December 2015 Motion to Strike Portions of December 17, 2015, Reply Filed by the State of Vermont, Vermont Yankee Nuclear Power Corporation, and Green Mountain Power Corporation ML15362A5192015-12-28028 December 2015 Entergy Motion to Strike Impermissible December 17, 2015 Reply Filed by the Commonwealth of Massachusetts and the States of Connecticut and New Hampshire ML15299A2602015-10-26026 October 2015 NRC Staff Motion to Vacate LBP-15-24 ML15286A4422015-10-13013 October 2015 Entergy Motion for Leave to File Reply and Reply Re Motion to Withdraw LAR ML15275A3222015-10-0202 October 2015 Staff Answer to Motion to Withdraw ML15271A3112015-09-23023 September 2015 Federal Respondents' Motion for Extension of Time to File Dispositive Motions and Certified Index 9-23-15 ML15265A5862015-09-22022 September 2015 Entergy'S Unopposed Motion to Extend the Time to Appeal LBP-15-24 ML15265A5832015-09-22022 September 2015 Entergy'S Motion to Withdraw Its September 4, 2014 License Amendment Request ML15260B2782015-09-17017 September 2015 Joint Motion on Mandatory Disclosures and Schedule ML15201A1752015-07-20020 July 2015 Joint Proposed Corrections to Oral Argument Transcript Held on July 7, 2015 ML15072A4622015-03-13013 March 2015 Entergy Answer Opposing State of Vermont'S Motion to Stay the License Amendment Proceeding Pending Commission Reconsideration ML14352A2082014-12-18018 December 2014 NRC Staff Answer to State of Vermont'S Submission of Additional Information and Request to File Supplemental Briefing Addressing New Information and Argument Raised at Oral Argument ML12257A3392012-09-13013 September 2012 Filed Copy - Joint Motion to Amend Briefing Schedule - Massachusetts V NRC - 1st Cir 12-1404 and 12-1772 ML12195A0802012-07-13013 July 2012 Notice of Appearance for Joseph A. Lindell for ESA Roseate Term ML12157A1872012-06-0505 June 2012 Notice of Appearance from Joseph A. Lindell on Entergy Nuclear Operations, Inc., (Pilgrim) ML12137A2582012-05-16016 May 2012 Notice of Appearance for Joseph A. Lindell ML12136A5172012-05-15015 May 2012 NRC Staff'S Unopposed Motion for an Extension of Time to Respond to Jones River Watershed Association and Pilgrim Watch'S May 14, 2012, Request to Reopen, for a Hearing and to File New Contentions ML12132A4682012-05-11011 May 2012 Motion to Strike ML12097A2222012-04-0505 April 2012 Entergy Motion to Strike Petitioners' Affidavit and Portions of Petitioners' Reply ML12088A0852012-03-15015 March 2012 Fed Respondents Opposition to Motion to Strike No.11-1168 and 11-1177 (Consolidated) ML12067A0892012-03-0707 March 2012 State of Vermont Motion to Strike, Petitioners' Motion to Strike Four Extra-Record References Contained in Respondents' Recently Filed Amended Certified Index of the Record and in Respondents' and Interveners Briefs ML12066A1772012-03-0606 March 2012 Petitioners Motion to Strike Amended Cert 11-1168 ML11357A2092011-12-23023 December 2011 Commonwealth of Massachusetts' Motion to Reply to NRC Staff and Entergy Oppositions to Commonwealth Appeal of LBP-11-35 ML11290A1812011-10-17017 October 2011 Commonwealth of Massachusetts Motion to Reply to NRC Staff Answer to Massachusetts Request to Stay Commission Decision on Pilgrim Watch Appeal or in the Alternative to Strike Reference to Massachusetts Expert 2020-03-19
[Table view] |
Text
THE COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE ATTORNEY GENERAL ONE ASHBURTON PLACE BOSTON, MASSACHUSETTS 02108-1598 MARTHA COAKLEY (617) 727-2200 AT7ORNEY GENERAL www.ago.state.ma.us June 27, 2007 BY HAND Richard Cushing Donovan, Clerk United States Court of Appeals for the First Circuit 1 Courthouse Way, Suite 2500 Boston, MA 02110 RE: Commonwealth of Massachusetts v. NRC, Nos. 07-1482 and 07-1483
Dear Mr. Donovan:
Enclosed for filing please find an original and three copies of the Commonwealth of Massachusetts' Motion For Extension Of Time To File Petitioner's Brief, together with a Certificate of Service.
Very truly yours, Matthew Brock Assistant Attorney General Environmental Protection Division One Ashburton Place Boston, MA 02108 (617) 727-2200 ext. 2425 enclosure cc: Service List
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT
)
COMMONWEALTH OF )
MASSACHUSETTS, )
)
Petitioner, )
)
- v. ) Nos. 07-1482 and
) 07-1483 UNITED STATES NUCLEAR REGULATORY )
COMMISSION, and the UNITED STATES )
OF AMERICA )
)
Respondents )
)
and )
)
ENTERGY NUCLEAR OPERATIONS, INC., )
ENTERGY NUCLEAR VERMONT )
YANKEE LLC, and ENTERGY NUCLEAR )
GENERATION COMPANY )
)
Intervenors
))
MOTION FOR EXTENSION OF TIME TO FILE PETITIONER'S BRIEF Petitioner, the Commonwealth of Massachusetts, pursuant to Federal Rules of Appellate Procedure 27 and Local Rule 27.d, respectfully requests an extension of time of 23 days until August 24, 2007 in which to file its brief and appendix in the above consolidated actions.
The Respondent Nuclear Regulatory Commission (NRC) does not oppose Petitioner's Motion. The Intervenor-Respondents Entergy Nuclear Operations, Inc., Entergy Nuclear Vermont Yankee LLC, and Entergy Nuclear Generation Company (collectively Entergy) opposes Petitioner's Motion unless Entergy is also granted a 23 day extension for its brief.
Provided the Court allows the requested extension for the Commonwealth's brief until August 24, the Commonwealth does not oppose a similar extension for Entergy and the NRC to file their responsive briefs. Under Local Rule 27.d and Internal Operating Procedure V (C), the clerk is authorized to act for the court on this motion as it is one for enlargement of time.
PROCEDURAL HISTORY On March 22, 2007, the Commonwealth timely filed petitions for review of various NRC orders in the Pilgrim and Vermont Yankee nuclear relicensing proceedings. The Court, sua sponte, consolidated the Commonwealth's petitions. On June 22, 2007, the Court issued an order denying the Petitioner's Motion to hold the petitions for review in abeyance.
The Court also ordered that the Commonwealth file its brief by August 1, 2007.
2
DISCUSSION The Commonwealth requests an extension of 23 days for the reasons set forth below. No such prior Motion has been filed.
First, the issues raised by the Commonwealth's appeal involve multiple legal claims and complex factual issues regarding the environmental impacts of serious spent fuel pool accidents caused by a wide range of factors including terrorist attacks, natural phenomena, operator error, and equipment failure. The Commonwealth asserts that by refusing to hold a hearing or prepare an environmental impact statement on these impacts, the NRC violated the Atomic Energy Act, the National Environmental Policy Act, and other applicable law. The Commonwealth believes that 30 days is not sufficient time to brief these multiple legal claims and complex factual issues.
Second, the Commonwealth requests additional time in order to allow for the extensive and time-consuming internal review that any brief to this Court must undergo before it is filed. This review must be conducted by multiple senior staff and more than one division of the Attorney General's office, including those involved in environmental protection and utility 3
regulation. Such brief preparation and review is particularly challenging during the summer vacation season.
The Commonwealth therefore respectfully requests that the extension be allowed.
Respectfully submitted, By its Attorneys MARTHA COAKLEY ATTORNEY GENERAL Diane Curran Matthew Brock Harmon, Curran, Spielberg, Assistant Attorney General
& Eisenberg, L.L.P. Environmental Protection 1726 M Street N.W., Suite 600 Division Washington, DC 20036 Office of the Attorney General (202) 328-3500 One Ashburton Place Boston, MA 02108 (617) 727-2200 X 2425 Date: June 27, 2007 4
CERTIFICATE OF SERVICE I hereby certify that on June 27, 2007, a copy of the foregoing document was served by overnight mail, postage prepaid, upon the following:
Steven C. Hamrick, Esq. Paul A. Gaukler, Esq.
Office of the General Counsel David R. Lewis, Esq.
U.S. Nuclear Regulatory Commission Pillsbury, Winthrop, Shaw, Pittman, LLP U.S. NRC Mail Stop 0-15D21 2300 N. Street N.W.
Washington, DC 2055.5 Washington, DC 20037 John F. Cordes, Solicitor U.S. Nuclear Regulatory Commission U.S. NRC Mail Stop 0-15D21 Washington, DC 20555 Matthew Brock Assistant Attorney General Office of the Attorney General Environmental Protection Division One Ashburton Place Boston, MA 02108 (617) 727-2200 ext. 2425