ML20024D682
| ML20024D682 | |
| Person / Time | |
|---|---|
| Issue date: | 01/17/2020 |
| From: | Andrew Averbach NRC/OGC |
| To: | US Federal Judiciary, Court of Appeals, for the District of Columbia Circuit |
| References | |
| 1824748, 19-1198 | |
| Download: ML20024D682 (10) | |
Text
ORAL ARGUMENT NOT YET SCHEDULED No. 19-1198 UNITED STATES COURT OF APPEALS DISTRICT OF COLUMBIA CIRCUIT COMMONWEALTH OF MASSACHUSETTS, Petitioner,
- v.
U.S. NUCLEAR REGULATORY COMMISSION and UNITED STATES OF AMERICA, Respondents, HOLTEC DECOMMISSIONING INTERNATIONAL, LLC, et al.,
Intervenors.
MOTION FOR LEAVE TO FILE A MEMORANDUM OF LAW FOR THE STATES OF NEW YORK, CONNECTICUT, ILLINOIS, IOWA, MARYLAND, MICHIGAN, MINNESOTA, NEW JERSEY, NEW MEXICO, OREGON, PENNSYLVANIA, AND VERMONT AS AMICI CURIAE IN SUPPORT OF PETITIONER AND IN OPPOSITION TO THE MOTIONS TO DISMISS On Petition for Review of Actions by the U.S. Nuclear Regulatory Commission BARBARA D. UNDERWOOD Solicitor General ANISHA S. DASGUPTA Deputy Solicitor General CAROLINE A. OLSEN Assistant Solicitor General of Counsel (Counsel listing continues on signature pages.)
LETITIA JAMES Attorney General State of New York 28 Liberty Street New York, NY 10005 (212) 416-6184 Dated: January 17, 2020 USCA Case #19-1198 Document #1824748 Filed: 01/17/2020 Page 1 of 10
Pursuant to Federal Rule of Appellate Procedure 29 and D.C.
Circuit Rule 18, the States of New York, Connecticut, Illinois, Iowa, Maryland, Michigan, Minnesota, New Jersey, New Mexico, Oregon, Pennsylvania, and Vermont, respectfully move for leave to file a memorandum of law of 3,799 words as amici curiae in support of the Commonwealth of Massachusettss opposition to the motions to dismiss pending in this action.1 As set forth in the accompanying brief, amici States have important interests in the compliance of the United States Nuclear Regulatory Commission (NRC) with federal laws permitting States to participate in NRC decisions concerning the licensing of nuclear power plants, including decisions that directly affect the decommissioning of plants within or near our borders. Many of amici States contain nuclear facilities that, like Pilgrim Nuclear Energy Facility, are or will soon be undergoing decommissioning. And amici States share many of the Commonwealths concerns regarding Holtecs ability to oversee 1 Although States may ordinarily file amicus briefs as of right, see Fed. R. App. P. 29(a)(2), out of an abundance of caution amici States seek leave of the Court given the procedural posture of this case.
USCA Case #19-1198 Document #1824748 Filed: 01/17/2020 Page 2 of 10
2 decommissioninga long-term, costly, and unpredictable process that poses substantial public health and environmental risks for our States and residents.
In addition to offering amici States perspective on NRCs failure to comply with applicable federal laws governing State participation in NRC proceedings, the proposed amicus brief addresses the unique harms faced by States from the decommissioning of nuclear power plants and the storage of spent nuclear fuelharms that are exacerbated by NRCs failure to include States in the decision making process.
No party will be prejudiced by the filing of this amicus brief, which, in accordance with Federal Rule of Appellate Procedure 29(a)(6), is filed seven days after the Commonwealths opposition to the motion to dismiss, and almost two weeks before the current, January 29, 2020, deadline for the federal respondents and intervenors to file their reply briefs in support of the motions to dismiss.2 2 Intervenors are Holtec International, Holtec Decommissioning International, LLC, Holtec Pilgrim, LLC, and Entergy Nuclear Operations, Inc.
USCA Case #19-1198 Document #1824748 Filed: 01/17/2020 Page 3 of 10
3 The federal respondents have consented to the filing of the brief.
Intervenors have also consented on the condition that (a) the brief be limited to no more than 3,900 words, (b) the brief be limited to issues raised by the motions to dismiss, (c) amici state in this motion for leave that intervenors will be filing a motion for an extension of time until February 5, 2020, to file their reply brief in support of intervenors motion to dismiss, and (d) that amici States do not oppose intervenors extension motion. The Commonwealth has authorized amici States to represent that it will consent to intervenors extension.
For the foregoing reasons, the motion for leave to file the accompanying proposed amicus brief should be granted.
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4 Dated: January 17, 2020 BARBARA D. UNDERWOOD Solicitor General ANISHA S. DASGUPTA Deputy Solicitor General CAROLINE A. OLSEN Assistant Solicitor General LISA M. BURIANEK Deputy Bureau Chief, Environmental Protection Bureau JOSHUA TALLENT Assistant Attorney General CHANNING JONES Assistant Attorney General of Counsel (Counsel listing continues on the next page.)
Respectfully submitted, LETITIA JAMES Attorney General State of New York By:. /s/ Caroline A. Olsen.
CAROLINE A. OLSEN Assistant Solicitor General 28 Liberty Street New York, NY 10005 (212) 416-6184 USCA Case #19-1198 Document #1824748 Filed: 01/17/2020 Page 5 of 10
5 WILLIAM TONG Attorney General State of Connecticut 55 Elm St.
Hartford, CT 06106 GURBIR S. GREWAL Attorney General State of New Jersey Hughes Justice Complex 25 Market Street Trenton, NJ 08625 KWAME RAOUL Attorney General State of Illinois 100 West Randolph St.
Chicago, IL 60601 HECTOR H. BALDERAS Attorney General State of New Mexico 408 Galisteo St.
Santa Fe, NM 87501 THOMAS J. MILLER Attorney General State of Iowa 1305 E. Walnut Street Des Moines, IA 50319 ELLEN F. ROSENBLUM Attorney General State of Oregon 1162 Court St. NE Salem, OR 97301 BRIAN E. FROSH Attorney General State of Maryland 200 St. Paul Pl.
Baltimore, MD 21202 JOSH SHAPIRO Attorney General Commonwealth of Pennsylvania Strawberry Square, 16th Fl.
Harrisburg, PA 17120 DANA NESSEL Attorney General State of Michigan P.O. Box 30212 Lansing, MI 48909 THOMAS J. DONOVAN, JR.
Attorney General State of Vermont 109 State Street Montpelier, VT 05609-1001 KEITH ELLISON Attorney General State of Minnesota 102 State Capitol 75 Rev. Dr. Martin Luther King Jr. Blvd.
St. Paul, MN 55155 USCA Case #19-1198 Document #1824748 Filed: 01/17/2020 Page 6 of 10
Certificate - Page 1 CERTIFICATE AS TO PARTIES, RULING, AND RELATED CASES Pursuant to D.C. Circuit Rules 18 and 28, amici curiaethe States of New York, Connecticut, Illinois, Iowa, Maryland, Michigan, Minnesota, New Jersey, New Mexico, Oregon, Pennsylvania, and Vermont, certify that:
A.
Parties and Amici Except for the above-listed amici curiae, all parties and intervenors appearing before this Court are listed in the Commonwealth of Massachusettss Motion for a Stay Pending Appellate Review (Doc. No.
1812979). Amici are not aware of other amici intending to file.
B.
Ruling Under Review Reference to the rulings under review in this proceeding appear in the Commonwealth of Massachusettss Motion for a Stay Pending Appellate Review (Doc. No. 1812979).
C.
Related Cases The final agency actions at issue in this proceeding have not been previously reviewed by this or any other court. Counsel for amici curiae are not aware of any related case within the meaning of D.C. Circuit Rule 28(a)(1)(C).
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Certificate - Page 2 Dated: January 17, 2020 BARBARA D. UNDERWOOD Solicitor General ANISHA S. DASGUPTA Deputy Solicitor General CAROLINE A. OLSEN Assistant Solicitor General LISA M. BURIANEK Deputy Bureau Chief, Environmental Protection Bureau JOSHUA TALLENT Assistant Attorney General CHANNING JONES Assistant Attorney General of Counsel (Counsel listing continues on the next page.)
Respectfully submitted, LETITIA JAMES Attorney General State of New York By:. /s/ Caroline A. Olsen.
CAROLINE A. OLSEN Assistant Solicitor General 28 Liberty Street New York, NY 10005 (212) 416-6184 USCA Case #19-1198 Document #1824748 Filed: 01/17/2020 Page 8 of 10
Certificate - Page 3 WILLIAM TONG Attorney General State of Connecticut 55 Elm St.
Hartford, CT 06106 GURBIR S. GREWAL Attorney General State of New Jersey Hughes Justice Complex 25 Market Street Trenton, NJ 08625 KWAME RAOUL Attorney General State of Illinois 100 West Randolph St.
Chicago, IL 60601 HECTOR H. BALDERAS Attorney General State of New Mexico 408 Galisteo St.
Santa Fe, NM 87501 THOMAS J. MILLER Attorney General State of Iowa 1305 E. Walnut Street Des Moines, IA 50319 ELLEN F. ROSENBLUM Attorney General State of Oregon 1162 Court St. NE Salem, OR 97301 BRIAN E. FROSH Attorney General State of Maryland 200 St. Paul Pl.
Baltimore, MD 21202 JOSH SHAPIRO Attorney General Commonwealth of Pennsylvania Strawberry Square, 16th Fl.
Harrisburg, PA 17120 DANA NESSEL Attorney General State of Michigan P.O. Box 30212 Lansing, MI 48909 THOMAS J. DONOVAN, JR.
Attorney General State of Vermont 109 State Street Montpelier, VT 05609-1001 KEITH ELLISON Attorney General State of Minnesota 102 State Capitol 75 Rev. Dr. Martin Luther King Jr. Blvd.
St. Paul, MN 55155 USCA Case #19-1198 Document #1824748 Filed: 01/17/2020 Page 9 of 10
CERTIFICATE OF SERVICE I hereby certify that I electronically filed the foregoing document with the Courts CM/ECF system on January 17, 2020. I certify that all parties and counsel of record in the case are registered CM/ECF users and that service will be accomplished by the CM/ECF system.
Dated:
January 17, 2020 New York, NY
/s/ Caroline A. Olsen USCA Case #19-1198 Document #1824748 Filed: 01/17/2020 Page 10 of 10