ML092530709
| ML092530709 | |
| Person / Time | |
|---|---|
| Site: | Bellefonte  |
| Issue date: | 09/09/2009 |
| From: | Cordes J, Grace Kim NRC/OGC |
| To: | US Federal Judiciary, Court of Appeals |
| Grace H. Kim, 415-3605 | |
| References | |
| 09-1112 | |
| Download: ML092530709 (3) | |
Text
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT BLUE RIDGE ENVIRONMENTAL DEFENSE
- LEAGUE, Petitioners V.
No. 09-1112 U.S. NUCLEAR REGULATORY COMMISSION and UNITED STATES OF AMERICA, Respondents TENNESSEE VALLEY AUTHORITY, Intervenor.
FIRST STATUS REPORT OF THE U.S. NUCLEAR REGULATORY COMMISSION In this case, the Blue Ridge Environmental Defense League ("BREDL")
seeks judicial review of an order of the Nuclear Regulatory Commission ("NRC")
reinstating the Tennessee Valley Authority's ("TVA") construction permits for two nuclear reactors (Bellefonte Nuclear Plant Units 1 and 2). The NRC had previously granted TVA's request to withdraw the two construction permits. By Order dated June 11, 2009, the Court held this case in abeyance pending further order, and directed the NRC to file status reports at 90-day intervals beginning on September 9, 2009. Pursuant to the Court's June 1 lth Order, the NRC's status report is as follows.
FirstStatus Report As noted in the parties' June 10, 2009 Consent Motion to hold this proceeding in abeyance, currently pending before the NRC is an agency adjudicatory proceeding where BREDL is contesting reinstatement of TVA's previously-withdrawn construction permits. The NRC, by Order dated May 20, 2009, directed the litigants in that proceeding to submit briefs on the threshold question whether the NRC possesses the statutory authority to reinstate the construction permits. The NRC held in abeyance the remainder of the proposed contentions in the agency proceeding pending the NRC's ruling on the threshold authority issue, which is one of the issues included in BREDL's "Statement of Issues" in this case.
Pursuant to the NRC's May 20th Order, initial and reply briefs on the NRC's reinstatement authority were filed by BREDL, TVA, and the NRC Staff.
These briefs are currently under consideration. As of this date, the issue of the NRC's threshold authority remains pending before the agency.
Respectfully submitted,
/s/
JOHN F. CORDES Solicitor
/S/
GRACE H. KIM Senior Attorney Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 (301) 415-3605 Dated: September 9, 2009