ML19346G694
| ML19346G694 | |
| Person / Time | |
|---|---|
| Site: | Nuclear Energy Institute |
| Issue date: | 12/12/2019 |
| From: | Andrew Averbach, Clark J, Grant E, Heminger J, Rund J NRC/OGC, Nuclear Energy Institute, US Dept of Justice, Environment & Natural Resources Div, US Dept of Justice, Office of the Attorney General |
| To: | US Federal Judiciary, Court of Appeals, for the District of Columbia Circuit |
| Averbach A, OGC, 415-1956 | |
| References | |
| 1820003, 19-1240 | |
| Download: ML19346G694 (6) | |
Text
ORAL ARGUMENT NOT YET SCHEDULED UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUBMIA CIRCUIT NUCLEAR ENERGY INSTITUTE,
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Petitioner,
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Case No. 19-1240 UNITED STATES NUCLEAR
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REGULATORY COMMISSION and )
UNITED STATES OF AMERICA,
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Respondents.
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JOINT UNOPPOSED MOTION TO EXTEND DEADLINES IN SCHEDULING ORDER OF NOVEMBER 20, 2019 Pursuant to Fed. R. App. P. 26(b) and Circuit Rule 27, Petitioner Nuclear Energy Institute (NEI) and Federal Respondents jointly move to extend the deadlines set forth in the Courts scheduling order of November 20, 2019, Doc. No. 1816702. For the following reasons, good cause exists to grant this motion:
- 1.
On November 20, 2019, this Court ordered that, by December 20, 2019, NEI submit a Certificate as to Parties, Rulings, and Related Cases; a Docketing Statement Form; Procedural Motions, if any; a Statement of Intent to Utilize Deferred Joint Appendix; a USCA Case #19-1240 Document #1820003 Filed: 12/12/2019 Page 1 of 6
2 Statement of Issues to be Raised; and the Underlying Decision from Which the Petition Arises. It further set a deadline of January 6, 2020, for NEI to submit Dispositive Motions.
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The Court likewise set deadlines of December 20, 2019, for Federal Respondents to file Procedural Motions, if any; and January 6, 2020, for Federal Respondents to file the Certified Index to the Record and Dispositive Motions, if any.
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Federal Respondents intend to file a motion to dismiss the petition for review for lack of final agency action. However, the undersigned counsel for the Nuclear Regulatory Commission and for the Department of Justice have been representing the government in other federal court proceedings and anticipate needing additional time to coordinate and prepare a response and obtain management review of their motion to dismiss. The deadline for doing so is particularly tight because of planned vacations over the upcoming holidays of Federal Respondents counsel and the unavailability of a large number of critical agency personnel between now and the new year. Counsel for NEI likewise have competing professional and personal obligations during the next several weeks.
USCA Case #19-1240 Document #1820003 Filed: 12/12/2019 Page 2 of 6
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Thus, NEIs and Federal Respondents counsel require additional time to submit the materials specified in the Courts order of November 20, 2019. Rather than seeking separate extensions of time for each submission, the parties have conferred and developed the proposed schedule set forth below. This is the first extension of time sought by the parties in this case.
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For these reasons, Petitioner and Respondents respectfully request the extensions of the following deadlines:
Petitioners Certificate as to Parties, Rulings, and Related Cases; Docketing Statement Form; Statement of Issues to be Raised; Statement of Intent to Utilize Deferred Joint Appendix; Underlying Decision from Which Petition Arises; Procedural Motions, if any Tuesday, January 21, 2020 Respondents Dispositive Motions, if any; Certified Index to the Record Monday, February 10, 2020 Petitioners Responses to Dispositive Motions Wednesday, March 11, 2020 Respondents Reply to Responses to Dispositive Motions Thursday, April 2, 2020 USCA Case #19-1240 Document #1820003 Filed: 12/12/2019 Page 3 of 6
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/s/ Jonathan M. Rund JONATHAN M. RUND Associate General Counsel Nuclear Energy Institute 1201 F Street, NW Suite 1100 Washington, DC 20004 (202) 739-8144 jmr@nei.org Respectfully submitted,
/s/ Andrew P. Averbach ANDREW P. AVERBACH Solicitor Office of the General Counsel U.S. Nuclear Regulatory Commission (301) 415-1956 11555 Rockville Pike Rockville, MD 20852 andrew.averbach@nrc.gov
/s/ Justin D. Heminger JEFFREY BOSSERT CLARK Assistant Attorney General ERIC GRANT Deputy Assistant Attorney General JUSTIN D. HEMINGER Attorney Environment and Natural Resources Division U.S. Department of Justice P.O. Box 7415 Washington, DC 20044 (202) 514-5442 justin.heminger@usdoj.gov December 12, 2019 USCA Case #19-1240 Document #1820003 Filed: 12/12/2019 Page 4 of 6
CERTIFICATE OF SERVICE I hereby certify that on December 12, 2019, I electronically filed the foregoing with the Clerk of the Court for the United States Court of Appeals for the District of Columbia Circuit by using the appellate CM/ECF system.
The participants in the case are registered CM/ECF users and service will be accomplished by the appellate CM/ECF system.
/s/ Andrew P. Averbach ANDREW P. AVERBACH Counsel for Respondent U.S. Nuclear Regulatory Commission USCA Case #19-1240 Document #1820003 Filed: 12/12/2019 Page 5 of 6
CERTIFICATE OF COMPLIANCE WITH FEDERAL RULES OF APPELLATE PROCEDURE 27 AND 32 I hereby certify that this motion complies with the requirements of Fed. R. App. P. 32(a)(5) and (6) because it has been prepared in 14-point Century Schoolbook, a proportionally spaced font.
I further certify that this brief complies with the type-volume limitation of Fed. R. App. P. 27(d)(2)(A) because it contains 426 words, excluding the parts of the brief exempted under Rule 32(f), according to the word count function of Microsoft Word.
/s/ Andrew P. Averbach ANDREW P. AVERBACH Counsel for Respondent U.S. Nuclear Regulatory Commission USCA Case #19-1240 Document #1820003 Filed: 12/12/2019 Page 6 of 6