FW State of NC ex rel Duke Energy Progress and Duke Energy ...
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From: Cooper,_Kathy To: =?utf-8?Q?Presnell _Lacy?= Date: 10/9/2013 4:46:18 PM Subject: FW:_State_of_NC_ex_rel_Duke_Energy_Progress_and_Duke_Energy_Carolinas_Injunction_cases_Attorney_Client_Privile Attachments: 2013-10-09_Brief_Opp_Prot_Order_&_Supp_Lift_Stay_w_Exhibits.pdf Lacy, I am going to send you a series of briefs that were filed today by Duke and SELC attorneys. We opted not to file a brief b/c our oral argument is simply this: 1. 2. 3. 4. 5.
The State filed the Complaint for Injunctive Relief The Intervenors were allowed to intervene on our side. A draft of the Proposed Consent Order was noticed for public comments. Public Comments were received and reviewed by DENR. A Summary of the public comments and DENR’s Response to the Comments was filed with the Court and amended to include a Summary of and Response to EPA’s comments 6. The draft consent order was modified to: a. tighten the timelines associated with various plans, schedules and reports to be submitted by the defendants b. expanded the parameters to be monitored at unpermitted discharges; c. established timelines for DWR review of the various plans, schedules and reports and d. strengthened the language explaining that corrective action will be required where regulations impose a duty on the defendants to take corrective action. 7. The Proposed Consent Order resolves all matters in the State’s injunctive relief complaint 8. So, no further discovery is needed. We also believe no additional time is needed for the Intervenors to comment on the Proposed Consent Order but we think the Judge will give them additional time. Again this is the first of several e-mails that I will be forwarding to you. Please let us know if you think we should make additional arguments. Don, Anita and Jane will not be copied on these e-mails so that I will not clog their e-mail folders. I will send them a copy of this e-mail without the attachment. So, if you have any suggestions, please send them to all of us. Thanks, Kathy Cooper Kathryn Jones Cooper Special Deputy Attorney General Water and Land Section Environmental Division signature
Post Office Box 629 Raleigh, NC 27602-0629 (919) 716-6600 (main telephone number) (919) 716-6960 (direct dial) (919) 716-6766 (fax) [email protected] From: Amelia Burnette [mailto:[email protected]] Sent: Wednesday, October 09, 2013 11:00 AM To: 'Paul Ridgeway' Cc: [email protected]; Nick Torrey; Case, Charles D.; LeVeaux, Anita; Brent Rosser; Frank Holleman; Emory, Frank; DJ Gerken; Hanchey, Matt; Oliver, Jane; Romanzo, Melissa A.; Patrick Hunter; Laton, Don; Cooper, Kathy; William Clarke Subject: RE: State of NC ex rel Duke Energy Progress and Duke Energy Carolinas Injunction cases
Dear Judge Ridgeway: On behalf of the Plaintiff-Intervenors in the Wake County action regarding the Asheville Plant (13 CVS 4061), please find attached a Memorandum of Law in Opposition to Motions for Protective Order and in Support of Motion to Life Stay for your consideration. This is a consolidated brief addressing matters A, D, and E on the list below. We are also sharing a copy through Dropbox and sending a hard copy to the Durham County Superior Court office via federal express. Thank you, Amelia Burnette Amelia Burnette
4_28_2014
Page 2 Senior Attorney Southern Environmental Law Center 22 S. Pack Square, Suite 700 Ashev ille, North Carolina 28801-3494 828-258-2023 tel 828-258-2024 fax [email protected] SouthernEnv ironment.org
Amelia Burnette 828-258-2023 [email protected]
From: Paul Ridgeway [mailto:[email protected]] Sent: Tuesday, October 08, 2013 5:42 PM To: Amelia Burnette Cc: [email protected]; Nick Torrey; Case, Charles D.; LeVeaux, Anita; Brent Rosser; Frank Holleman; Emory, Frank; DJ Gerken; Hanchey, Matt; Oliver, Jane; Romanzo, Melissa A.; Patrick Hunter; Laton, Don; Cooper, Kathy; William Clarke Subject: Re: State of NC ex rel Duke Energy Progress and Duke Energy Carolinas Injunction cases
OK - I think I've got it now. Sorry to keep revising, but it will save us time on Friday and help me prepare, so I appreciate your patience.
PCR
A.
Intervenors motion to lift stay of responsive pleadings (13 CVS 4061 (Wake) and 13 CVS 9352 (Meck.)) - for hearing on 10/11
B. Plaintiff’s Motion for Protective Order And Stay (13 CVS 9352 Meck.) – for hearing on 10/11
C. Defendant's Motion for protective order (13 CVS 9352 (Meck)) - for hearing on 10/11
D. Defendant's Motion for Protective Order (13 CVS 4061 (Wake)) - Intervenors oppose hearing (see letter of 9/17) based upon Local Rule 5.1 - to be discussed 10/11
E. Plaintiff's motion to stay discovery and for protective order (filed 10/4/13 - 13 CVS 4061 (Wake) - Letter of 10/7/13 from Intervenors consenting to hearing this matter 10/11 and agreeing that requests for admissions not be deemed admitted in interim.
F. Catawba Riverkeeper et al Motion to Intervene (13 CVS 14661 (Meck)) - for hearing 10/11
G. Cape Fear Riverkeeper et al Motion to Intervene (13 CVS 11032 (Wake) - for hearing 10/11
H. Plaintiff and Defendant's joint motion to Lodge Consent order (13 CVS 4061 and 13 CVS 9352) - Letter of 10/7/13 from Intervenors requesting status conference on 10/11 to set timeline for further consideration.
On Tue, Oct 8, 2013 at 5:26 PM, Amelia Burnette wrote: Judge Ridgeway, I agree with Mr. Rosser’s last email and believe that C and F on the revised list below both refer to DENR’s Motion for Protective Order and to Stay Discovery filed on October 4, 2013 (4061-Wake). Attached is a copy of that motion. Thank you, Amelia Burnette Amelia Burnette Senior Attorney Southern Environmental Law Center 22 S. Pack Square, Suite 700 Ashev ille, North Carolina 28801-3494 828-258-2023 tel 828-258-2024 fax [email protected] SouthernEnv ironment.org
From: Paul Ridgeway [mailto:[email protected]]
4_28_2014
Page 3 Sent: Tuesday, October 08, 2013 5:06 PM To: Nick Torrey; Case, Charles D.; LeVeaux, Anita; Amelia Burnette; Brent Rosser; Frank Holleman; Emory, Frank; DJ Gerken; Hanchey, Matt; Oliver, Jane; Romanzo, Melissa A.; Patrick Hunter; Laton, Don; Cooper, Kathy; William Clarke
Cc: [email protected] Subject: Re: State of NC ex rel Duke Energy Progress and Duke Energy Carolinas Injunction cases Thank you and noted. Could someone send me (email is fine) a copy of the Plaintiff (DENR's) Motion for a Protective Order in the Wake County case 13 CVS 4061. I've added it to the agenda below. I don't seem to have that one in my Dropbox folder, but will add it upon receipt. I do have the State's motion for a protective order in the Mecklenburg case, and I've added it below as well. I also realized I don't have electronic copies of the Complaints in any of the 4 cases. Could Ms. Cooper or one of her colleagues email me those so that my files are complete. There is no urgency on this request. Here's the revised agenda based upon Mr. Holloman and Ms. LeVeaux's emails: A.
Intervenors motion to lift stay of responsive pleadings (13 CVS 4061 (Wake) and 13 CVS 9352 (Meck.)) - for hearing on 10/11
B. State’s Motion for Protective Order And Stay (13 CVS 9352 Meck.) – for hearing on 10/11 C. State’s Motion for Protective Order and Stay (13 CVS 4061 (Wake ) – for hearing on 10/11 (I need copy of this motion) D. Defendant's Motion for protective order (13 CVS 9352) - for hearing on 10/11 E. Defendant's Motion for Protective Order (13 CVS 4061 (Wake)) - Intervenors oppose hearing (see letter of 9/17) based upon Local Rule 5.1 - to be discussed 10/11 F. Defendant's motion to stay discovery and for protective order (filed 10/4/13 - 13 CVS 4061 (Wake) - Letter of 10/7/13 from Intervenors consenting to hearing this matter 10/11 and agreeing that requests for admissions not be deemed admitted in interim. G. Catawba Riverkeeper et al Motion to Intervene (13 CVS 14661 (Meck)) - for hearing 10/11 H. Cape Fear Riverkeeper et al Motion to Intervene (13 CVS 11032 (Wake) - for hearing 10/11 I. Plaintiff and Defendant's joint motion to Lodge Consent order (13 CVS 4061 and 13 CVS 9352) - Letter of 10/7/13 from Intervenors requesting status conference on 10/11 to set timeline for further consideration.
On Tue, Oct 8, 2013 at 4:32 PM, LeVeaux, Anita wrote: Hello Judge Ridgeway, We are not certain if you intended to exclude the following, but we bring them to your attention: Plaintiff’s Motions for Protective Order in both the Asheville and the Riverbend cases are not listed (Meck.and Wake). Also, the Motion to lodge the consent order is both the Plaintiff’s and the Defendant’s motion. Otherwise, we believe your list is complete. Thanking you for your time. Anita From: Paul Ridgeway [mailto:[email protected]]
Sent: Tuesday, October 08, 2013 3:59 PM To: Amelia Burnette; Brent Rosser; Frank Holleman; Nick Torrey; William Clarke; LeVeaux, Anita; Romanzo, Melissa A.; Oliver, Jane; Patrick Hunter; Case, Charles D.; Emory, Frank; DJ Gerken; Hanchey, Matt; Laton, Don; Cooper, Kathy Cc: [email protected] Subject: Re: State of NC ex rel Duke Energy Progress and Duke Energy Carolinas Injunction cases Counsel: I've prepared the attached list of items that are ether on for hearing on Friday or are otherwise to be discussed. Please take a moment to review this list to ensure that it is complete. A.
Intervenors motion to lift stay of responsive pleadings (13 CVS 4061 (Wake) and 13 CVS 9352 (Meck.)) - for hearing on 10/11
B. Defendant's Motion for protective order (13 CVS 9352) - for hearing on 10/11 C. Defendant's Motion for Protective Order (13 CVS 4061 (Wake)) - Intervenors oppose hearing (see letter of 9/17) based upon Local Rule 5.1 - to be discussed 10/11 D. Defendant's motion to stay discovery and for protective order (filed 10/4/13 - 13 CVS 4061 (Wake) - Letter of 10/7/13 from Intervenors consenting to hearing this matter 10/11 and agreeing that requests for admissions not be deemed admitted in interim. E. Catawba Riverkeeper et al Motion to Intervene (13 CVS 14661 (Meck)) - for hearing 10/11 4_28_2014
Page 4 F. Cape Fear Riverkeeper et al Motion to Intervene (13 CVS 11032 (Wake) - for hearing 10/11 G. Defendant's joint Motion to Lodge Consent order (13 CVS 4061 and 13 CVS 9352) - Letter of 10/7/13 from Intervenors requesting status conference on 10/11 to set timeline for further consideration. Thank you. Paul Ridgeway
-Paul Ridgeway Superior Court Judge Wake County Courthouse P.O. Box 351 Raleigh, NC 27602 (919) 792-4950
-Paul Ridgeway Superior Court Judge Wake County Courthouse P.O. Box 351 Raleigh, NC 27602 (919) 792-4950
-Paul Ridgeway Superior Court Judge Wake County Courthouse P.O. Box 351 Raleigh, NC 27602 (919) 792-4950
4_28_2014
From: Cooper,_Kathy To: =?utf-8?Q?Presnell _Lacy?= Date: 10/9/2013 4:46:18 PM Subject: FW:_State_of_NC_ex_rel_Duke_Energy_Progress_and_Duke_Energy_Carolinas_Injunction_cases_Attorney_Client_Privile Attachments: 2013-10-09_Brief_Opp_Prot_Order_&_Supp_Lift_Stay_w_Exhibits.pdf Lacy, I am going to send you a series of briefs that were filed today by Duke and SELC attorneys. We opted not to file a brief b/c our oral argument is simply this: 1. 2. 3. 4. 5.
The State filed the Complaint for Injunctive Relief The Intervenors were allowed to intervene on our side. A draft of the Proposed Consent Order was noticed for public comments. Public Comments were received and reviewed by DENR. A Summary of the public comments and DENR’s Response to the Comments was filed with the Court and amended to include a Summary of and Response to EPA’s comments 6. The draft consent order was modified to: a. tighten the timelines associated with various plans, schedules and reports to be submitted by the defendants b. expanded the parameters to be monitored at unpermitted discharges; c. established timelines for DWR review of the various plans, schedules and reports and d. strengthened the language explaining that corrective action will be required where regulations impose a duty on the defendants to take corrective action. 7. The Proposed Consent Order resolves all matters in the State’s injunctive relief complaint 8. So, no further discovery is needed. We also believe no additional time is needed for the Intervenors to comment on the Proposed Consent Order but we think the Judge will give them additional time. Again this is the first of several e-mails that I will be forwarding to you. Please let us know if you think we should make additional arguments. Don, Anita and Jane will not be copied on these e-mails so that I will not clog their e-mail folders. I will send them a copy of this e-mail without the attachment. So, if you have any suggestions, please send them to all of us. Thanks, Kathy Cooper Kathryn Jones Cooper Special Deputy Attorney General Water and Land Section Environmental Division signature
Post Office Box 629 Raleigh, NC 27602-0629 (919) 716-6600 (main telephone number) (919) 716-6960 (direct dial) (919) 716-6766 (fax) [email protected] From: Amelia Burnette [mailto:[email protected]] Sent: Wednesday, October 09, 2013 11:00 AM To: 'Paul Ridgeway' Cc: [email protected]; Nick Torrey; Case, Charles D.; LeVeaux, Anita; Brent Rosser; Frank Holleman; Emory, Frank; DJ Gerken; Hanchey, Matt; Oliver, Jane; Romanzo, Melissa A.; Patrick Hunter; Laton, Don; Cooper, Kathy; William Clarke Subject: RE: State of NC ex rel Duke Energy Progress and Duke Energy Carolinas Injunction cases
Dear Judge Ridgeway: On behalf of the Plaintiff-Intervenors in the Wake County action regarding the Asheville Plant (13 CVS 4061), please find attached a Memorandum of Law in Opposition to Motions for Protective Order and in Support of Motion to Life Stay for your consideration. This is a consolidated brief addressing matters A, D, and E on the list below. We are also sharing a copy through Dropbox and sending a hard copy to the Durham County Superior Court office via federal express. Thank you, Amelia Burnette Amelia Burnette
4_28_2014
Page 2 Senior Attorney Southern Environmental Law Center 22 S. Pack Square, Suite 700 Ashev ille, North Carolina 28801-3494 828-258-2023 tel 828-258-2024 fax [email protected] SouthernEnv ironment.org
Amelia Burnette 828-258-2023 [email protected]
From: Paul Ridgeway [mailto:[email protected]] Sent: Tuesday, October 08, 2013 5:42 PM To: Amelia Burnette Cc: [email protected]; Nick Torrey; Case, Charles D.; LeVeaux, Anita; Brent Rosser; Frank Holleman; Emory, Frank; DJ Gerken; Hanchey, Matt; Oliver, Jane; Romanzo, Melissa A.; Patrick Hunter; Laton, Don; Cooper, Kathy; William Clarke Subject: Re: State of NC ex rel Duke Energy Progress and Duke Energy Carolinas Injunction cases
OK - I think I've got it now. Sorry to keep revising, but it will save us time on Friday and help me prepare, so I appreciate your patience.
PCR
A.
Intervenors motion to lift stay of responsive pleadings (13 CVS 4061 (Wake) and 13 CVS 9352 (Meck.)) - for hearing on 10/11
B. Plaintiff’s Motion for Protective Order And Stay (13 CVS 9352 Meck.) – for hearing on 10/11
C. Defendant's Motion for protective order (13 CVS 9352 (Meck)) - for hearing on 10/11
D. Defendant's Motion for Protective Order (13 CVS 4061 (Wake)) - Intervenors oppose hearing (see letter of 9/17) based upon Local Rule 5.1 - to be discussed 10/11
E. Plaintiff's motion to stay discovery and for protective order (filed 10/4/13 - 13 CVS 4061 (Wake) - Letter of 10/7/13 from Intervenors consenting to hearing this matter 10/11 and agreeing that requests for admissions not be deemed admitted in interim.
F. Catawba Riverkeeper et al Motion to Intervene (13 CVS 14661 (Meck)) - for hearing 10/11
G. Cape Fear Riverkeeper et al Motion to Intervene (13 CVS 11032 (Wake) - for hearing 10/11
H. Plaintiff and Defendant's joint motion to Lodge Consent order (13 CVS 4061 and 13 CVS 9352) - Letter of 10/7/13 from Intervenors requesting status conference on 10/11 to set timeline for further consideration.
On Tue, Oct 8, 2013 at 5:26 PM, Amelia Burnette wrote: Judge Ridgeway, I agree with Mr. Rosser’s last email and believe that C and F on the revised list below both refer to DENR’s Motion for Protective Order and to Stay Discovery filed on October 4, 2013 (4061-Wake). Attached is a copy of that motion. Thank you, Amelia Burnette Amelia Burnette Senior Attorney Southern Environmental Law Center 22 S. Pack Square, Suite 700 Ashev ille, North Carolina 28801-3494 828-258-2023 tel 828-258-2024 fax [email protected] SouthernEnv ironment.org
From: Paul Ridgeway [mailto:[email protected]]
4_28_2014
Page 3 Sent: Tuesday, October 08, 2013 5:06 PM To: Nick Torrey; Case, Charles D.; LeVeaux, Anita; Amelia Burnette; Brent Rosser; Frank Holleman; Emory, Frank; DJ Gerken; Hanchey, Matt; Oliver, Jane; Romanzo, Melissa A.; Patrick Hunter; Laton, Don; Cooper, Kathy; William Clarke
Cc: [email protected] Subject: Re: State of NC ex rel Duke Energy Progress and Duke Energy Carolinas Injunction cases Thank you and noted. Could someone send me (email is fine) a copy of the Plaintiff (DENR's) Motion for a Protective Order in the Wake County case 13 CVS 4061. I've added it to the agenda below. I don't seem to have that one in my Dropbox folder, but will add it upon receipt. I do have the State's motion for a protective order in the Mecklenburg case, and I've added it below as well. I also realized I don't have electronic copies of the Complaints in any of the 4 cases. Could Ms. Cooper or one of her colleagues email me those so that my files are complete. There is no urgency on this request. Here's the revised agenda based upon Mr. Holloman and Ms. LeVeaux's emails: A.
Intervenors motion to lift stay of responsive pleadings (13 CVS 4061 (Wake) and 13 CVS 9352 (Meck.)) - for hearing on 10/11
B. State’s Motion for Protective Order And Stay (13 CVS 9352 Meck.) – for hearing on 10/11 C. State’s Motion for Protective Order and Stay (13 CVS 4061 (Wake ) – for hearing on 10/11 (I need copy of this motion) D. Defendant's Motion for protective order (13 CVS 9352) - for hearing on 10/11 E. Defendant's Motion for Protective Order (13 CVS 4061 (Wake)) - Intervenors oppose hearing (see letter of 9/17) based upon Local Rule 5.1 - to be discussed 10/11 F. Defendant's motion to stay discovery and for protective order (filed 10/4/13 - 13 CVS 4061 (Wake) - Letter of 10/7/13 from Intervenors consenting to hearing this matter 10/11 and agreeing that requests for admissions not be deemed admitted in interim. G. Catawba Riverkeeper et al Motion to Intervene (13 CVS 14661 (Meck)) - for hearing 10/11 H. Cape Fear Riverkeeper et al Motion to Intervene (13 CVS 11032 (Wake) - for hearing 10/11 I. Plaintiff and Defendant's joint motion to Lodge Consent order (13 CVS 4061 and 13 CVS 9352) - Letter of 10/7/13 from Intervenors requesting status conference on 10/11 to set timeline for further consideration.
On Tue, Oct 8, 2013 at 4:32 PM, LeVeaux, Anita wrote: Hello Judge Ridgeway, We are not certain if you intended to exclude the following, but we bring them to your attention: Plaintiff’s Motions for Protective Order in both the Asheville and the Riverbend cases are not listed (Meck.and Wake). Also, the Motion to lodge the consent order is both the Plaintiff’s and the Defendant’s motion. Otherwise, we believe your list is complete. Thanking you for your time. Anita From: Paul Ridgeway [mailto:[email protected]]
Sent: Tuesday, October 08, 2013 3:59 PM To: Amelia Burnette; Brent Rosser; Frank Holleman; Nick Torrey; William Clarke; LeVeaux, Anita; Romanzo, Melissa A.; Oliver, Jane; Patrick Hunter; Case, Charles D.; Emory, Frank; DJ Gerken; Hanchey, Matt; Laton, Don; Cooper, Kathy Cc: [email protected] Subject: Re: State of NC ex rel Duke Energy Progress and Duke Energy Carolinas Injunction cases Counsel: I've prepared the attached list of items that are ether on for hearing on Friday or are otherwise to be discussed. Please take a moment to review this list to ensure that it is complete. A.
Intervenors motion to lift stay of responsive pleadings (13 CVS 4061 (Wake) and 13 CVS 9352 (Meck.)) - for hearing on 10/11
B. Defendant's Motion for protective order (13 CVS 9352) - for hearing on 10/11 C. Defendant's Motion for Protective Order (13 CVS 4061 (Wake)) - Intervenors oppose hearing (see letter of 9/17) based upon Local Rule 5.1 - to be discussed 10/11 D. Defendant's motion to stay discovery and for protective order (filed 10/4/13 - 13 CVS 4061 (Wake) - Letter of 10/7/13 from Intervenors consenting to hearing this matter 10/11 and agreeing that requests for admissions not be deemed admitted in interim. E. Catawba Riverkeeper et al Motion to Intervene (13 CVS 14661 (Meck)) - for hearing 10/11 4_28_2014
Page 4 F. Cape Fear Riverkeeper et al Motion to Intervene (13 CVS 11032 (Wake) - for hearing 10/11 G. Defendant's joint Motion to Lodge Consent order (13 CVS 4061 and 13 CVS 9352) - Letter of 10/7/13 from Intervenors requesting status conference on 10/11 to set timeline for further consideration. Thank you. Paul Ridgeway
-Paul Ridgeway Superior Court Judge Wake County Courthouse P.O. Box 351 Raleigh, NC 27602 (919) 792-4950
-Paul Ridgeway Superior Court Judge Wake County Courthouse P.O. Box 351 Raleigh, NC 27602 (919) 792-4950
-Paul Ridgeway Superior Court Judge Wake County Courthouse P.O. Box 351 Raleigh, NC 27602 (919) 792-4950
4_28_2014
