ML20086H025

Respondents Unopposed Motion to Dispense with Paper Copies (DC Cir.)(Case No. 20-1026)

ML20086H025
Person / Time
Site:	Turkey Point
Issue date:	03/25/2020
From:	Andrew Averbach, Heminger J, Eric Michel NRC/OGC, US Dept of Justice, Environment & Natural Resources Div
To:	US Federal Judiciary, Court of Appeals, for the District of Columbia Circuit
References
1835223, 20-1026
Download: ML20086H025 (4)

Text

USCA Case #20-1026 Document #1835223 Filed: 03/25/2020 Page 1 of 4 ORAL ARGUMENT NOT YET SCHEDULED UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT FRIENDS OF THE EARTH, ET AL., )

)

Petitioners, )

)

v. ) Case No. 20-1026

)

UNITED STATES NUCLEAR )

REGULATORY COMMISSION and )

UNITED STATES OF AMERICA, )

)

Respondents )

UNOPPOSED MOTION TO DISPENSE WITH PAPER COPIES Pursuant to Fed. R. App. P. 27, the U.S. Nuclear Regulatory Commission and United States of America (together, Respondents) jointly request that this Court temporarily relax the requirements in Circuit Rules 27(b) and 32(d), with respect to the filing of four paper copies of the Respondents Motion to Dismiss that was filed electronically with this Court via the CM/ECF system on March 23, 2020. This request for a temporary relaxation of the requirement to file paper copies applies equally to any responses or replies to Respondents March 23, 2020, Motion to Dismiss.

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USCA Case #20-1026 Document #1835223 Filed: 03/25/2020 Page 2 of 4 Due to the COVID-19 pandemic, Respondents (in conformance with federal guidance from the Office of Management and Budget) are currently operating with maximized telework functions. This includes support staff that would print and bind filings in conformance with Circuit Rule 27(d)(1)(C), as well as mail support services. Respondents respectfully submit that compliance with the paper filing requirement of Circuit Rules 27(b) and 32(d), during the extraordinary circumstances of the COVID-19 pandemic restricting counsel to working from home and lacking access to these usual support services, represents a significant burden and good cause to temporarily relax the requirement.

Respondents have consulted with all parties prior to filing this motion. Petitioners counsel have expressed support for the motion, as they are similarly impacted by the COVID-19 pandemic and currently limited to working from home. Movant-Intervenors Florida Power & Light Company also expressed no opposition to the motion.

For these reasons, Respondents respectfully request that this Court temporarily relax the requirement in Circuit Rules 27(b) and 32(d) and allow the parties to forego filing paper copies of the March 23, 2020, Respondents Motion to Dismiss, and any responses or replies to that motion.

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USCA Case #20-1026 Document #1835223 Filed: 03/25/2020 Page 3 of 4 Respectfully submitted,

/s/ Justin D. Heminger____ /s/ Eric V. Michel_____

JUSTIN D. HEMINGER ERIC V. MICHEL Attorney Senior Attorney Environment and Natural Resources Office of the General Counsel Division U.S. Nuclear Regulatory Commission U.S. Department of Justice 11555 Rockville Pike Post Office Box 7415 Rockville, MD 20852 Washington, D.C. 20044 Eric.Michel2@nrc.gov Justin.heminger@usdoj.gov (301) 415-0932 (202) 514-5442 3

USCA Case #20-1026 Document #1835223 Filed: 03/25/2020 Page 4 of 4 CERTIFICATE OF COMPLIANCE WITH FEDERAL RULE OF APPELLATE PROCEDURE 27(D)

I certify that this filing complies with the requirements of Fed. R. App. P.

27(d)(1)(E) because it has been prepared in 14-point Times New Roman, a proportionally spaced font.

I further certify that this filing complies with the type-volume limitation of Fed. R. App. P. 27(d)(2)(A) because it contains 289 words, excluding the parts of the filing exempted under Fed. R. App. P. 32(f), according to the count of Microsoft Word.

/s/ Eric V. Michel______

ERIC V. MICHEL Counsel for Respondent United States Nuclear Regulatory Commission 4