ML16043A498

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Petitioners Docketing Statement 2-11-16
ML16043A498
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 01/08/2016
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
1598487, 16-1004
Download: ML16043A498 (3)
v • d • e


Text

USCA Case #16-1004 UNITED STATES Document COURT OF A

  1. 1598487 Filed: 02/11/2016 PPEALS Page 1 of 3 DISTRICT OF COLUMBIA CIRCUIT 333 Constitution Avenue, NW Washington, DC 20001-2866 Phone: 202-216-7000 l Facsimile: 202-219-8530 AGENCY DOCKETING STATEMENT Administrative Agency Review Proceedings (To be completed by appellant/petitioner)
1. CASE NO. 16-1004 2. DATE DOCKETED: Jan. 8, 2016
3. CASE NAME (lead parties only) Friends of the Earth U.S. Nuclear Reg. Comm'n and USA v.
4. TYPE OF CASE: Review Appeal Enforcement Complaint Tax Court
5. IS THIS CASE REQUIRED BY STATUTE TO BE EXPEDITED? Yes No If YES, cite statute
6. CASE INFORMATION:
a. Identify agency whose order is to be reviewed: U.S. Nuclear Regulatory Commission
b. Give agency docket or order number(s): Mem. Order CLI-15-21, docket nos. 50-275-LR, 50-323-LR
c. Give date(s) of order(s): Nov. 9, 2015
d. Has a request for rehearing or reconsideration been filed at the agency? Yes No If so, when was it filled? By whom?

Has the agency acted? Yes No If so, when?

e. Identify the basis of appellant's/petitioner's claim of standing. See D.C. Cir. Rule 15(c)(2):

Petitioner's members live and work near Diablo Canyon Power Plant. The members have been injured by NRC's action, and the injury would be redressed by a favorable ruling from this Court.

f. Are any other cases involving the same underlying agency order pending in this Court or any other?

Yes No If YES, identify case name(s), docket number(s), and court(s)

g. Are any other cases, to counsel's knowledge, pending before the agency, this Court, another Circuit Court, or the Supreme Court which involve substantially the same issues as the instant case presents?

Yes No If YES, give case name(s) and number(s) of these cases and identify court/agency:

See attached.

h. Have the parties attempted to resolve the issues in this case through arbitration, mediation, or any other alternative for dispute resolution? Yes No If YES, provide program name and participation dates.

Signature s/ Richard Ayres Date Feb. 11, 2016 Name of Counsel for Appellant/Petitioner Richard Ayres Address Ayres Law Group LLP, 1707 L St. NW, Suite 850, Washington, DC 20036 E-Mail ayresr@ayreslawgroup.com 202 452-9200 202 872-7739 Phone ( ) Fax ( )

ATTACH A CERTIFICATE OF SERVICE Note: If counsel for any other party believes that the information submitted is inaccurate or incomplete, counsel may so advise the Clerk within 7 calendar days by letter, with copies to all other parties, specifically referring to the challenged statement.

USCA Form 41 August 2009 (REVISED) Save Reset Form Print Form

USCA Case #16-1004 Document #1598487 Filed: 02/11/2016 Page 2 of 3 Attachment to DOCKETING STATEMENT Friends of the Earth v. U.S. Nuclear Regulatory Commission, No. 16-1004 Feb. 11, 2016 Filed on behalf of Petitioner Friends of the Earth Number 6.g. Are there other cases, to counsels knowledge, pending before the agency, this Court, another Circuit Court, or the Supreme Court which involve substantially the same issues as the instant case presents? If YES, give case name(s) and number(s) of these cases and identify court/agency.

(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).

USCA Case #16-1004 Document #1598487 Filed: 02/11/2016 Page 3 of 3 CERTIFICATE OF SERVICE I certify that a copy of the foregoing was filed with the Clerk of Court using the CM/ECF system, thereby serving it on all parties of record, this 11th day of February, 2016.

Respectfully submitted,

/s/ John H. Bernetich John H. Bernetich AYRES LAW GROUP LLP 1707 L St. NW, Suite 850 Washington, DC 20036 (202) 452-9200 bernetichj@ayreslawgroup.com

USCA Case #16-1004 UNITED STATES Document COURT OF A

  1. 1598487 Filed: 02/11/2016 PPEALS Page 1 of 3 DISTRICT OF COLUMBIA CIRCUIT 333 Constitution Avenue, NW Washington, DC 20001-2866 Phone: 202-216-7000 l Facsimile: 202-219-8530 AGENCY DOCKETING STATEMENT Administrative Agency Review Proceedings (To be completed by appellant/petitioner)
1. CASE NO. 16-1004 2. DATE DOCKETED: Jan. 8, 2016
3. CASE NAME (lead parties only) Friends of the Earth U.S. Nuclear Reg. Comm'n and USA v.
4. TYPE OF CASE: Review Appeal Enforcement Complaint Tax Court
5. IS THIS CASE REQUIRED BY STATUTE TO BE EXPEDITED? Yes No If YES, cite statute
6. CASE INFORMATION:
a. Identify agency whose order is to be reviewed: U.S. Nuclear Regulatory Commission
b. Give agency docket or order number(s): Mem. Order CLI-15-21, docket nos. 50-275-LR, 50-323-LR
c. Give date(s) of order(s): Nov. 9, 2015
d. Has a request for rehearing or reconsideration been filed at the agency? Yes No If so, when was it filled? By whom?

Has the agency acted? Yes No If so, when?

e. Identify the basis of appellant's/petitioner's claim of standing. See D.C. Cir. Rule 15(c)(2):

Petitioner's members live and work near Diablo Canyon Power Plant. The members have been injured by NRC's action, and the injury would be redressed by a favorable ruling from this Court.

f. Are any other cases involving the same underlying agency order pending in this Court or any other?

Yes No If YES, identify case name(s), docket number(s), and court(s)

g. Are any other cases, to counsel's knowledge, pending before the agency, this Court, another Circuit Court, or the Supreme Court which involve substantially the same issues as the instant case presents?

Yes No If YES, give case name(s) and number(s) of these cases and identify court/agency:

See attached.

h. Have the parties attempted to resolve the issues in this case through arbitration, mediation, or any other alternative for dispute resolution? Yes No If YES, provide program name and participation dates.

Signature s/ Richard Ayres Date Feb. 11, 2016 Name of Counsel for Appellant/Petitioner Richard Ayres Address Ayres Law Group LLP, 1707 L St. NW, Suite 850, Washington, DC 20036 E-Mail ayresr@ayreslawgroup.com 202 452-9200 202 872-7739 Phone ( ) Fax ( )

ATTACH A CERTIFICATE OF SERVICE Note: If counsel for any other party believes that the information submitted is inaccurate or incomplete, counsel may so advise the Clerk within 7 calendar days by letter, with copies to all other parties, specifically referring to the challenged statement.

USCA Form 41 August 2009 (REVISED) Save Reset Form Print Form

USCA Case #16-1004 Document #1598487 Filed: 02/11/2016 Page 2 of 3 Attachment to DOCKETING STATEMENT Friends of the Earth v. U.S. Nuclear Regulatory Commission, No. 16-1004 Feb. 11, 2016 Filed on behalf of Petitioner Friends of the Earth Number 6.g. Are there other cases, to counsels knowledge, pending before the agency, this Court, another Circuit Court, or the Supreme Court which involve substantially the same issues as the instant case presents? If YES, give case name(s) and number(s) of these cases and identify court/agency.

(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).

USCA Case #16-1004 Document #1598487 Filed: 02/11/2016 Page 3 of 3 CERTIFICATE OF SERVICE I certify that a copy of the foregoing was filed with the Clerk of Court using the CM/ECF system, thereby serving it on all parties of record, this 11th day of February, 2016.

Respectfully submitted,

/s/ John H. Bernetich John H. Bernetich AYRES LAW GROUP LLP 1707 L St. NW, Suite 850 Washington, DC 20036 (202) 452-9200 bernetichj@ayreslawgroup.com

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