ML17145A317
| ML17145A317 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 05/23/2017 |
| From: | James Adler, Andrew Averbach, Ayres R, Bernetich J, Hansen-Young T, Olson J, Tanya Smith Ayres Law Group, LLP, NRC/OGC, US Dept of Justice, Environment & Natural Resources Div, Winston & Strawn, LLP |
| To: | US Federal Judiciary, US Court of Appeals for the District of Columbia Circuit |
| References | |
| 16-1004, 1676470 | |
| Download: ML17145A317 (5) | |
Text
USCA Case #16-1004 Document #1676470 Filed: 05/23/2017 Page 1 of 5 UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT
)
)
Petitioner, )
)
- v. )
)
UNITED STATES NUCLEAR )
REGULATORY COMMISSION )
and the UNITED STATES OF AMERICA, ) No. 16-1004
)
Respondents, )
)
PACIFIC GAS AND ELECTRIC COMPANY, )
)
Intervenor. )
_________________________________________)
SECOND JOINT STATUS REPORT On June 20, 2016, Friends of the Earth (FOE) and Pacific Gas and Electric Company (PG&E), along with other parties, submitted a joint settlement proposal to the California Public Utilities Commission (CPUC), under the terms of which PG&E agreed to, inter alia, retire Diablo Canyon at the expiration of its current [Nuclear Regulatory Commission (NRC)] operating licenses.1 Under the 1
Joint Proposal of Pacific Gas & Electric Company, Friends of the Earth, Natural Resources Defense Council, Environment California, International Brotherhood of Electrical Workers Local 1245, Coalition of California Utility Employees and Alliance for Nuclear Responsibility to Retire Diablo Canyon Nuclear Power Plant at Expiration of the Current Operating 1
USCA Case #16-1004 Document #1676470 Filed: 05/23/2017 Page 2 of 5 terms of the Joint Proposal Application, if approved by the CPUC, PG&E would withdraw the NRC License Renewal Application for Diablo Canyon that is the subject of this matter.
On June 29, 2016, PG&E and FOE jointly requested that this Court suspend briefing in this matter pending action by the CPUC on the Joint Proposal Application.
On July 21, 2016, this Court entered an order holding this case in abeyance pending further order of the Court. The Court also directed the parties to file status reports at 120-day intervals beginning January 23, 2017. The parties filed the first status report on January 23, 2017. This is the second status report.
The CPUC held evidentiary hearings on the Joint Proposal Application from April 18-28, 2017. Opening briefs are due on May 26, 2017, and reply briefs are on June 16, 2017. PG&E expects that the administrative law judge will issue a proposed decision in the fall of 2017 and that the CPUC will issue a final decision before the end of 2017.
Licenses and Replace it with a Portfolio of GHG Free Resources (June 20, 2016), at 3 (Joint Proposal Application).
2
USCA Case #16-1004 Document #1676470 Filed: 05/23/2017 Page 3 of 5 The parties will file the next 120-day status report on September 20, 2017.
Respectfully submitted,
/s/ Tyson R. Smith Tyson R. Smith WINSTON & STRAWN LLP 1700 K Street NW Washington, DC 20006 (415) 591-6874 trsmith@winston.com Counsel for Intervenor
/s/ Richard Ayres Richard Ayres Jessica Olson AYRES LAW GROUP LLP 1401 K St. NW, Suite 825 Washington, DC 20005 (202) 452-9200 ayresr@ayreslawgroup.com olsonj@ayreslawgroup.com John Bernetich AYRES LAW GROUP LLP 1536 Wynkoop St., Suite 528 Denver, CO 80202 (720) 504-3002 bernetichj@ayreslawgroup.com Counsel for Petitioner
/s/ Andrew P. Averbach Andrew P. Averbach Solicitor U.S. Nuclear Regulatory Commission 11555 Rockville Pike 3
USCA Case #16-1004 Document #1676470 Filed: 05/23/2017 Page 4 of 5 Rockville, MD 20852 (301) 415-1956 andrew.averbach@nrc.gov
/s/ James E. Adler James E. Adler Senior Attorney Office of the General Counsel U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852 (301) 287-9173 james.adler@nrc.gov
/s/ Thekla Hansen-Young Thekla Hansen-Young Attorney, Appellate Section Environment and Natural Resources Division U.S. Department of Justice P.O. Box 7415, Ben Franklin Station Washington, D.C. 20044 thekla.hansen-young@usdoj.gov Counsel for Federal Respondents Dated: May 23, 2017 4
USCA Case #16-1004 Document #1676470 Filed: 05/23/2017 Page 5 of 5 UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT
)
)
Petitioner, )
)
- v. )
)
UNITED STATES NUCLEAR )
REGULATORY COMMISSION )
and the UNITED STATES OF AMERICA, ) No. 16-1004
)
Respondents, )
)
PACIFIC GAS AND ELECTRIC COMPANY, )
)
Intervenor. )
_________________________________________)
CERTIFICATE OF SERVICE I hereby certify that on this day, copies of Second Joint Status Report in the captioned proceeding have been served by Electronic Case Filing, thereby serving it on all parties of record.
Respectfully submitted,
/s/ signed electronically by Tyson R. Smith WINSTON & STRAWN LLP 1700 K Street, NW Washington, DC 20006 (415) 591-6874 trsmith@winston.com COUNSEL FOR PACIFIC GAS AND ELECTRIC COMPANY Dated: May 23, 2017 1