ML18022A044
| ML18022A044 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 01/18/2018 |
| From: | James Adler, Andrew Averbach, Ayres R, Hansen-Young T, Tanya Smith Alliance for Nuclear Responsibility, Ayres Law Group, Coalition of California Utility Employees, Environment California, Friends of the Earth, International Brotherhood Of Electrical Workers, Local Union 1245, NRC/OGC, Natural Resources Defense Council, Pacific Gas & Electric Co, US Dept of Justice, Environment & Natural Resources Div, Winston & Strawn, LLP |
| To: | US Federal Judiciary, District Court for the District of Columbia |
| References | |
| 16-1004, 1713572 | |
| Download: ML18022A044 (5) | |
Text
USCA Case #16-1004 Document #1713572 Filed: 01/18/2018 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. )
_________________________________________)
FOURTH 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 #1713572 Filed: 01/18/2018 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, the second report on May 23, 2017, and the third report on September 20, 2017. This is the fourth status report.
The CPUC issued its decision on January 11, 2018. The decision did not approve the Joint Proposal Application in full. Accordingly, the parties to the Joint Proposal Application will be meeting to confer about the decision, the next steps, and the path forward, including whether or when to seek withdrawal of the NRC License Renewal Application for Diablo Canyon that is the subject of this matter.
In accordance with the abeyance order, the parties will file motions to govern future proceedings in this case either within 30 days of a decision to not 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 #1713572 Filed: 01/18/2018 Page 3 of 5 withdraw the License Renewal Application or within 30 days of completion of any subsequent proceedings of the Nuclear Regulatory Commission if PG&E withdraws the License Renewal Application. Otherwise, the parties will file the next 120-day status report on May 18, 2018.
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 AYRES LAW GROUP 1401 K St. NW, Suite 825 Washington, DC 20005 (202) 452-9200 ayresr@ayreslawgroup.com
/s/ Andrew P. Averbach Andrew P. Averbach Solicitor U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852 (301) 415-1956 andrew.averbach@nrc.gov 3
USCA Case #16-1004 Document #1713572 Filed: 01/18/2018 Page 4 of 5
/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: January 18, 2018 4
USCA Case #16-1004 Document #1713572 Filed: 01/18/2018 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 Fourth 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: January 18, 2018 1