ML20063J033
| ML20063J033 | |
| Person / Time | |
|---|---|
| Issue date: | 02/24/2020 |
| From: | Andrew Averbach NRC/OGC |
| To: | |
| References | |
| 09-1133, 1829970 | |
| Download: ML20063J033 (3) | |
Text
USCA Case #09-1133 Document #1829970 Filed: 02/24/2020 Page 1 of 3 ORAL ARGUMENT NOT YET SCHEDULED UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT STATE OF NEVADA, )
)
Petitioner, )
)
- v. )
) No. 09-1133 U.S. NUCLEAR REGULATORY COMMISSION, )
)
Respondent, )
)
Nuclear Energy Institute, )
)
Intervenor. )
______________________________________________ )
PETITIONER STATE OF NEVADAS STATUS REPORT Pursuant to this Courts order of March 3, 2016 holding that this case remains in abeyance, petitioner State of Nevada files this status report. In this case, Nevada challenges the Nuclear Regulatory Commissions final rule on dose standards for the proposed Yucca Mountain radioactive material repository.1 1
The Court entered a virtually identical order the same day in Nevada v. EPA (No.
08-1327), the pending companion litigation in which Nevada challenges the Environmental Protection Agencys final rule on public health and safety standards for radioactive material stored or disposed of in the proposed Yucca Mountain repository. The Court likewise held that case to remain in abeyance. The March 3, 2016 orders followed joint motions of the parties to continue the abeyance. The orders in both cases instruct Nevada to continue filing status reports at 90-day intervals beginning June 1, 2016, and direct the parties to file motions to govern
USCA Case #09-1133 Document #1829970 Filed: 02/24/2020 Page 2 of 3 As previously reported, the Department of Energys license application remains pending before the Commission. Substantial uncertainties still remain as to the content and timing of the license application process, including whether and when the adjudicatory portion of the license proceeding will re-commence.
Nevada will continue to file status reports as directed in the Courts March 3, 2016 order and any subsequent orders.
Dated: February 24, 2020 Roger B. Moore/s/
ROGER B. MOORE Law Office of Roger B. Moore 337 17th Street, Suite 211 Oakland, CA 94612 rbm@landwater.com Tel.: (510) 548-1401 Counsel for Petitioner State of Nevada further proceedings within 30 days from the completion of agency proceedings.
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USCA Case #09-1133 Document #1829970 Filed: 02/24/2020 Page 3 of 3 CERTIFICATE OF SERVICE I hereby certify that on the date below a copy of the foregoing was filed electronically with the Clerk and served upon all counsel of record in the case and is available through the courts CM/ECF System.
Dated: February 24, 2020 /s/ Roger B. Moore Roger B. Moore Counsel for Petitioner State of Nevada 3