ML20108E993
| ML20108E993 | |
| Person / Time | |
|---|---|
| Issue date: | 04/16/2020 |
| From: | Andrew Averbach NRC/OGC |
| To: | US Federal Judiciary, Court of Appeals, 9th Circuit |
| References | |
| 11662568, 20-70899, DktEntry: 13 | |
| Download: ML20108E993 (3) | |
Text
Case No. 20-70899 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT PUBLIC WATCHDOGS, Petitioner,
- v.
UNITED STATES NUCLEAR REGULATORY COMMISSION, Respondent, SOUTHERN CALIFORNIA EDISON COMPANY, Intervenor-Pending.
On Petition for Review of an Order of the U.S. Nuclear Regulatory Commission UNOPPOSED MOTION TO INCLUDE THE UNITED STATES AS A RESPONDENT ON CASE DOCKET Respondent U.S. Nuclear Regulatory Commission (NRC) requests that this Court include the United States as a respondent on the case docket in this matter:
- 1. Under the Hobbs Act, petitioner Public Watchdogs seeks review of a final order by the NRC declining to grant petitioners request, pursuant to 10 C.F.R. § 2.206, that the NRC suspend spent fuel transfer operations at the San Onofre Nuclear Generating Station. See 28 U.S.C. § 2342.
Case: 20-70899, 04/16/2020, ID: 11662568, DktEntry: 13, Page 1 of 3
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- 2. The Petition for Review filed in this matter does not name the United States as a respondent, but under the Hobbs Act, a challenge to a final order of the NRC is against the United States. 28 U.S.C. § 2344. Under the Federal Rules of Appellate Procedure, even though not named in the petition, the United States is a respondent if required by statute. Fed. R. App. P. 15(a)(2)(B).
- 3. The NRC has appeared as a matter of right pursuant to 28 U.S.C. § 2348.
The U.S. Department of Justice represents the United States. The accurate listing of the United States as a respondent on the Courts case docket would allow Department of Justice counsel to appear, participate, and receive notice of filings in this case.
- 4. Counsel for petitioner Public Watchdogs and intervenor-pending Southern California Edison Company have advised the NRC that they do not oppose this motion.
WHEREFORE, the NRC respectfully requests that this Court include the United States as a party to the petition as a respondent on the case docket.
Respectfully submitted,
/s/ Andrew P. Averbach ANDREW P. AVERBACH Solicitor Office of the General Counsel U.S. Nuclear Regulatory Commission andrew.averbach@nrc.gov (301) 415-1956 April 16, 2020 Case: 20-70899, 04/16/2020, ID: 11662568, DktEntry: 13, Page 2 of 3
3 CERTIFICATE OF COMPLIANCE WITH FEDERAL RULE OF APPELLATE PROCEDURE 27(d) AND CIRCUIT RULE 27.1(1)(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 certify that this filing complies with the length limit of Fed. R. App. P.
27(d)(2)(A) because it contains 247 words, according to the word count of Microsoft Word.
/s/ Andrew P. Averbach ANDREW P. AVERBACH Solicitor Office of the General Counsel U.S. Nuclear Regulatory Commission andrew.averbach@nrc.gov (301) 415-1956 Case: 20-70899, 04/16/2020, ID: 11662568, DktEntry: 13, Page 3 of 3