ML093440203
| ML093440203 | |
| Person / Time | |
|---|---|
| Site: | Bellefonte  |
| Issue date: | 12/09/2009 |
| From: | Cordes J, Grace Kim NRC/OGC |
| To: | US Federal Judiciary, US Court of Appeals for the District of Columbia Circuit |
| Grace H. Kim, 415-3605 | |
| References | |
| 09-1112 | |
| Download: ML093440203 (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.
SECOND 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. The first status report, filed on September 9, 2009, reported that the NRC had directed the litigants in the agency proceeding to submit briefs on the threshold question whether the NRC possesses the 1
statutory authority to reinstate the construction permits to TVA and held in abeyance the remainder of the proposed contentions in the agency proceeding pending the NRC's ruling on the threshold authority issue.
Pursuant to the Court's June 1 1th Order, the NRC second status report is as follows.
Second Status Report Briefs filed by BREDL, TVA, and the NRC Staff are currently under consideration by the NRC. 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: December 9, 2009 2
CERTIFICATE OF SERVICE I hereby certify that on December 9, 2009, a copy of the foregoing Second Status Report was filed with the Clerk of the Court and served upon the following participants in the case through the CM/ECF System:
James B. Dougherty, Esq.
709 3rd Street, SW Washington, D.C. 20024 Maria V. Gillen, Esq.
Tennessee Valley Authority Office of the General Counsel 400 West Summit Hill Drive Knoxville, Tennessee 37902-1401 IS' Grace H. Kim