ML090260227
| ML090260227 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 12/15/2008 |
| From: | Curran D Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP |
| To: | NRC/OGC, US Federal Judiciary, Court of Appeals, 9th Circuit |
| Charles Mullins, 301-415-1618 | |
| References | |
| 08-75058, CLI-08-01, CLI-08-05, CLI-08-08, CLI-08-26 | |
| Download: ML090260227 (7) | |
Text
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FILED DEC 15 2008 MOLLY C. DWYER, CLERK U.S. COURT OFAPPEALS SAN LUIS OBISPO MOTHERS FOR PEACE, Petitioner, V.
UNITED STATES NUCLEAR REGULATORY COMMISSION and the UNITED STATES OF AMERICA, Respondents
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No.
08-75058
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PETITION FOR REVIEW Pursuant to F.R.A.P. 15 and 28 U.S.C. § 2342-2344, Petitioner, San Luis Obispo Mothers for Peace ("SLOMFP"), hereby petitions the Court for review of four orders by the U.S. Nuclear Regulatory Commission ("NRC" or "Commission"). The orders were issued in a licensing proceeding concerning Pacific Gas & Electric Company's proposal to build and operate an Independent Spent Fuel Storage Installation ("ISFSI") on the site of the Diablo Canyon Nuclear Power Plant.
The orders of which Petitioners seek review are:
- Pacific Gas & Electric Co. (Diablo Canyon Power Plant Independent Spent Fuel Storage Installation), CLI-08-26, __ NRC __
(October 23, 2008) (see );
" Pacific Gas & Electric Co. (Diablo Canyon Power Plant Independent Spent Fuel Storage Installation), CLI-08-08, 67 NRC 193 (2008) (see Attachment 2); and
- Pacific Gas & Electric Co. (Diablo Canyon Power Plant Independent Spent Fuel Storage Installation), CLI-08-05, 67 NRC 174 (2008) (see Attachment 3).
" Pacific Gas & Electric Co. (Diablo Canyon Power Plant Independent Spent Fuel Storage Installation), CLI-08-01, 67 NRC 1 (2008) (see Attachment 4).
SLOMFP contends that, by refusing to hold a closed hearing on whether the environmental impacts of terrorist attacks and other acts of malice or insanity against the proposed ISFSI should be addressed in an Environmental Impact Statement ("EIS"), and by refusing to address the environmental impacts of attacks on the Diablo Canyon spent fuel storage facility before approving a license, the NRC violated the Atomic Energy Act, the National Environmental Policy Act, and the Administrative Procedure Act; and abused its discretion. Therefore, SLOMFP seeks review and reversal of CLI-08-26, CLI-08-02, CLI-08-05, and CLI-08-01.
Respectfully submitted, Siane Curran Harmon, Curran, Spielberg & Eisenberg, L.L.P.
1726 M Street N.W., Suite 600 Washington, D.C. 20036 tel.: 202/328-3500 fax: 202/328-69818 e-mail: dcurran@harmoncurran.com Attorney for SLOMFP December 11, 2008
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SAN LUIS OBISPO MOTHERS FOR PEACE, Petitioner, V.
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UNITED STATES NUCLEAR REGULATORY COMMISSION and the UNITED STATES OF AMERICA, Respondents
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CERTIFICATE OF SERVICE I hereby certify that on December 11, 2008, copies of the foregoing PETITION FOR REVIEW were served on the following by first-class mail:
Lisa B. Clark, Esq.
Molly L. Barkman, Esq.
Office of the General Counsel Mail Stop 15 D21 U.S. Nuclear Regulatory Commission Washington, D.C 20555-0001 E-mail: lbc@nrc.gov; mlb9@nrc.gov Jennifer Post, Esq.
Pacific Gas & Electric Company 77 Beale St., B30A San Francisco, CA 94105 E-mail: jlkmr@pge.com David A. Repka, Esq.
Tyson R. Smith, Esq.
Winston & Strawn, L.L.P.
1700 K St. NW Washington, D.C. 20036 E-mail: drepka@winstonc.com; trsmith@winston.com
Dated this 1 1' day of December, 2008 Diane Curran
FILE USCA DOCKET # (IF KNOWN)
DEC 15 2008 MOLLY C. DWYER, CLERK U.S. COURT OFAPPEALS UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CIVIL APPEALS DOCKETING STATEMENT PLEASE ATTACH ADDITIONAL PAGES IF NECESSARY.
TITLE IN FULL:
DISTRICT:
JU.DGE:.
&an Luis Obispo Mothers for I Peace v.
U.S.
Nuclear DISTRICT COURT NUMBER:-.
NA Regulat6ry Commission and DATE NOTICE OF APPEAL FILED:
IS THIS A CROSS APPEAL?
United States of America 1December_ 12. 2008
-X NO IF THIS MATTER HAS BEEN BEFORE THIS COURT PREVIOUSLY, PLEASE PROVIDE THE DOCKET NUMBER AND CITATION (IF ANY):
BRIEF DESCRIPTION OF NATURE OF ACTION AND RESULT BELOW:
Petition for review of an NRC decision to' license a spent, fuel storage facility at the Diablo Canyon power plant.
I- - -.. -....
I......
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PRINCIPAL ISSUES PROPOSED TO BE RAISED ON APPEAL:
Whether the NRC violated the National Environmental Policy Act and the Atomic Energy Act.
PLEASE IDENTIFY ANY OTHER LEGAL PROCEEDING THAT MAY HAVE A BEARING ON THIS CASE (INCLUDE PENDING DISTRICT COURT POST-JUDGMENT MOTIONS):
This case appeals an NRC decision on remand from San Luis Obispo Mothers for Peace v.
NRC 449 F. 3d 1016 (9th Cir.2006),
cerytdenied, 127 S Ct.
1124 (2007).
DOES THUS APPEAL INVOLVE ANY OF THE FOLLOWING:
Possibility of Settlement Likelihood that intervening precedent will control outcome of appeal Likelihood of a motion to expedite or to stay the appeal, or other procedural matters (Specify)
....... Pet.iti.oners may-seek -a.-.. stay*.of...fuel
.... loading_ at the.facility.
r-Any other information relevant to the inclusion of this case in the Mediation Program.
- Possibility parties would stipulate to binding award by Appellate Commissioner in lieu of submission to judges
, aý,A. A V.[.
LOWER COURT INFORMATION JURISDICTION DISTRICT COURT DISPOSITION FEDERAL APPELLATE TYPE OF JUDGMENT/ORDER APPEALED RELIEF FEDERAL FINAL DECISION OF r
DEFAULT JUDGMENT 7-DAMAGES:
QUESTION DISTRICT COURT K DISMISSAL/JURISDICTION SOUGHT
$F
- DIVERSITY INTERLOCUTORY AR DISMISSAL/MERITS A$
OTHER DECISION 7
SUMMARY
JUDGMENT (S'PE C fY:
APPEALABLEONS CY):
APPEALABLE AS OF F UJDGMENT/COURT DECISION 7
INJUNCTIONS:
RIGHT 7 JUDGMENT/JURY VERDICT
- PRELIMINARY 7! DECLARATORY JUDGMENT PERMANENT INTERLOCUTORY j
JUDGMENT AS A MATTER OF LAW 7
GRANTED ORDER CERTIFIED 7
OTHER (SPECIFY):
7 DENIED BY DISTRICT JUDGE ATTORNEY FEES:
(SPECIFY):
SOUGHT AWARDED $
OTHER PENDING (SPECIFY):
-7COSTS: $
F petition for review of agenc decision.
CERTIFICATION OF COUNSEL I CERTIFY THAT:
- 1. COPIES OF ORDER/JUDGMENT APPEALED FROM ARE ATTACHED.
- 2. A CURRENT SERVICE LIST OR REPRESENTATION STATEMENT WITH TELEPHONE AND FAX NUMBERS IS ATTACHED (SEE 9TH CIR.. RULE 3-2).
- 3. A COPY OF THIS CIVIL APPEALS DOCKETING STATEMENT WAS SERVED IN COMPLIANCE WITH FRAP 25.
- 4. 1 UNDERSTAND THAT FAILURE TO COMPLY WITH THESE FILING REQUIREMENTS MAY RESULT IN SANCTIONS, INCLUDING DISMISSAL OF THIS APPEAL.
I Signature 21.2/11/2.0.0.8...........
Date COUNSEL WHO COMPLETED THIS FORM NAME IDiane Curran FIRM
- Harmon, C.urran, Spielber9g & Eisenberg LLP ADDRESSf 1726 M Street NW Suite 600..
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CMILY Washington STATEFD ZIP CODE [200,36 E-MAIL dcurran@harmoncurran.comHONE FAX~
202-328-6918 rran. ~o........
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- -THIS DOCUMENT SHOULD BE FILED IN DISTRICT COURT WITH THE NOTICE OF APPEAL. **
-- IF FILED LATE, IT SHOULD BE FILED DIRECTLY WITH THE U.S. COURT OF APPEALS.**