ML18288A403

Agency Docketing Statement

ML18288A403
Person / Time
Site:	06300001
Issue date:	10/01/2018
From:	Malsch M NRC/OGC
To:	US Federal Judiciary, US Court of Appeals for the District of Columbia Circuit
References
18-1232 1753331
Download: ML18288A403 (2)

Text

USCA Case #18-1232 UNITED STATES Document COURT OF A

1. 1753331 Filed: 10/01/2018 PPEALS Page 1 of 2 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. 18-1232 2. DATE DOCKETED: 08/29/2018

3. CASE NAME (lead parties only) State of Nevada U.S. Nuclear Regulatory Commission 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): Docket No. 63-001-HLW

c. Give date(s) of order(s): July 2, 2018

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):

Among other things, NRC licensing of the Yucca Mountain repository would contaminate the groundwaters of the State which are owned by the State of Nevada and administered in trust by the State; the Nuclear Waste Policy Act protects this interest.

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:

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/ Date 10/01/2018 Name of Counsel for Appellant/Petitioner Martin G. Malsch Address 1776 K Street, Suite 200, Washington, D.C. 20006 E-Mail mmalsch@nuclearlawyer.com Phone ( 202 ) 466-3927 Fax ( 855 ) 427-6554 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)

USCA Case #18-1232 Document #1753331 Filed: 10/01/2018 Page 2 of 2 CERTIFICATE OF SERVICE I hereby certify that the foregoing Agency Docketing Statement has been served upon the following persons by certified mail, return receipt requested, this 1st day of October, 2018:

Andrew P. Averbach Office of the General Counsel U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852 andrew.averbach@nrc.gov Tel.: (301) 415-1956

__________/s/____________________

Martin G. Malsch