ML16043A497

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Petitioners Certificate Parties 2-11-16
ML16043A497
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 02/11/2016
From: Ayres R
Ayres Law Group, Friends of the Earth
To:
NRC/OGC, US Federal Judiciary, District Court for the District of Columbia
Mullins C, OGC/LC
References
1598486, 16-1004
Download: ML16043A497 (4)


Text

USCA Case #16-1004 Document #1598486 Filed: 02/11/2016 Page 1 of 4 UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT FRIENDS OF THE EARTH, )

)

Petitioner, )

)

v. )

) No. 16-1004 U.S. NUCLEAR REGULATORY )

COMMISSION and UNITED STATES )

OF AMERICA, )

)

Respondents. )

CERTIFICATE AS TO PARTIES, RULINGS, AND RELATED CASES Pursuant to the Courts Order of January 12, 2016, Federal Rule of Appellate Procedure 26.1, D.C. Circuit Rules 27(a)(4) and 28(a)(1), Friends of the Earth, petitioner in this matter, hereby certifies as follows:

(A) Parties. Friends of the Earth is a not-for-profit non-governmental organization. Friends of the Earth does not have any outstanding shares or debt securities in the hands of the public, or any parent, subsidiary, or affiliate that has issued shares or debt securities to the public.

Respondents are the U.S. Nuclear Regulatory Commission and United States of America.

1

USCA Case #16-1004 Document #1598486 Filed: 02/11/2016 Page 2 of 4 Movant-intervenor in support of respondents is Pacific Gas & Electric Company, the owner and operator of Diablo Canyon Power Plant.

(B) Ruling Under Review. Petitioner seeks review of a final action of the U.S. Nuclear Regulatory Commission in issuing a Memorandum and Order, CLI-15-21 (Nov. 9, 2015), affirming an order of the Atomic Safety and Licensing Board denying Friends of the Earths Request for a Hearing and Petition to Intervene (Oct. 10, 2014) and Petition for Waiver of 10 C.F.R. §§ 54.4, 54.21, and 54.29(a) As Applied to the Diablo Canyon License Renewal Proceeding (Oct. 10, 2014).

(C) Related Cases. The following related cases are currently pending:

(1) Before the Nuclear Regulatory Commission: In the Matter of Pacific Gas & Electric Company (Diablo Canyon Power Plant, Units 1 and 2), Docket Nos. 50-275, 50-323 (involving different legal issues)

(2) Before this Court: Friends of the Earth v. U.S. Nuclear Regulatory Commission, No. 14-1213 (involving different legal issues)1 1

A panel of this Court has ordered this matter held in abeyance pending further order of the Court. See Order, No. 14-1213 (Dec. 9, 2015).

2

USCA Case #16-1004 Document #1598486 Filed: 02/11/2016 Page 3 of 4 Dated: February 11, 2016

/s/ Richard E. Ayres Richard E. Ayres AYRES LAW GROUP LLP 1707 L Street NW, Suite 850 Washington, DC 20036 T: (202) 452-9200 / F: (202) 872-7739 ayresr@ayreslawgroup.com Counsel for Friends of the Earth 3

USCA Case #16-1004 Document #1598486 Filed: 02/11/2016 Page 4 of 4 CERTIFICATE OF SERVICE I certify that a copy of the foregoing is being filed with the Clerk of the Court using the CM/ECF system, thereby serving it on all parties of record, this 11th day of February, 2016.

/s/ John Bernetich John Bernetich AYRES LAW GROUP LLP 1707 L Street NW, Suite 850 Washington, DC 20036 T: (202) 452-9200 / F: (202) 872-7739 bernetichj@ayreslawgroup.com Counsel for Friends of the Earth 4

USCA Case #16-1004 Document #1598486 Filed: 02/11/2016 Page 1 of 4 UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT FRIENDS OF THE EARTH, )

)

Petitioner, )

)

v. )

) No. 16-1004 U.S. NUCLEAR REGULATORY )

COMMISSION and UNITED STATES )

OF AMERICA, )

)

Respondents. )

CERTIFICATE AS TO PARTIES, RULINGS, AND RELATED CASES Pursuant to the Courts Order of January 12, 2016, Federal Rule of Appellate Procedure 26.1, D.C. Circuit Rules 27(a)(4) and 28(a)(1), Friends of the Earth, petitioner in this matter, hereby certifies as follows:

(A) Parties. Friends of the Earth is a not-for-profit non-governmental organization. Friends of the Earth does not have any outstanding shares or debt securities in the hands of the public, or any parent, subsidiary, or affiliate that has issued shares or debt securities to the public.

Respondents are the U.S. Nuclear Regulatory Commission and United States of America.

1

USCA Case #16-1004 Document #1598486 Filed: 02/11/2016 Page 2 of 4 Movant-intervenor in support of respondents is Pacific Gas & Electric Company, the owner and operator of Diablo Canyon Power Plant.

(B) Ruling Under Review. Petitioner seeks review of a final action of the U.S. Nuclear Regulatory Commission in issuing a Memorandum and Order, CLI-15-21 (Nov. 9, 2015), affirming an order of the Atomic Safety and Licensing Board denying Friends of the Earths Request for a Hearing and Petition to Intervene (Oct. 10, 2014) and Petition for Waiver of 10 C.F.R. §§ 54.4, 54.21, and 54.29(a) As Applied to the Diablo Canyon License Renewal Proceeding (Oct. 10, 2014).

(C) Related Cases. The following related cases are currently pending:

(1) Before the Nuclear Regulatory Commission: In the Matter of Pacific Gas & Electric Company (Diablo Canyon Power Plant, Units 1 and 2), Docket Nos. 50-275, 50-323 (involving different legal issues)

(2) Before this Court: Friends of the Earth v. U.S. Nuclear Regulatory Commission, No. 14-1213 (involving different legal issues)1 1

A panel of this Court has ordered this matter held in abeyance pending further order of the Court. See Order, No. 14-1213 (Dec. 9, 2015).

2

USCA Case #16-1004 Document #1598486 Filed: 02/11/2016 Page 3 of 4 Dated: February 11, 2016

/s/ Richard E. Ayres Richard E. Ayres AYRES LAW GROUP LLP 1707 L Street NW, Suite 850 Washington, DC 20036 T: (202) 452-9200 / F: (202) 872-7739 ayresr@ayreslawgroup.com Counsel for Friends of the Earth 3

USCA Case #16-1004 Document #1598486 Filed: 02/11/2016 Page 4 of 4 CERTIFICATE OF SERVICE I certify that a copy of the foregoing is being filed with the Clerk of the Court using the CM/ECF system, thereby serving it on all parties of record, this 11th day of February, 2016.

/s/ John Bernetich John Bernetich AYRES LAW GROUP LLP 1707 L Street NW, Suite 850 Washington, DC 20036 T: (202) 452-9200 / F: (202) 872-7739 bernetichj@ayreslawgroup.com Counsel for Friends of the Earth 4