ML21035A221
| ML21035A221 | |
| Person / Time | |
|---|---|
| Site: | Consolidated Interim Storage Facility |
| Issue date: | 02/02/2021 |
| From: | Lodge T Citizens for Alternatives to Chemical Contamination, Citizens' Environmental Coalition, Don't Waste Michigan, Nuclear Energy Information Service, Public Citizen, San Luis Obispo Mothers for Peace, Sustainable Energy and Economic Development Coalition (SEED) |
| To: | NRC/OGC, US Federal Judiciary, Court of Appeals, for the District of Columbia Circuit |
| References | |
| 1883596, 21-1048, CLI-20-13, CLI-20-14 | |
| Download: ML21035A221 (9) | |
Text
USCA Case #21-1048 Document #1883596 Filed: 02/02/2021 Page 1 of 5 UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT DONT WASTE MICHIGAN, )
CITIZENS ENVIRONMENTAL COALITION, CITIZENS FOR ) Case No. 21-1048 ALTERNATIVES TO CHEMICAL CONTAMINATION, NUCLEAR )
ENERGY INFORMATION SERVICE, PUBLIC CITIZEN, INC., )
SAN LUIS OBISPO MOTHERS FOR PEACE, SUSTAINABLE )
ENERGY AND ECONOMIC DEVELOPMENT COALITION )
AND LEONA MORGAN, INDIVIDUALLY, )
Petitioners, )
- v. )
UNITED STATES NUCLEAR )
REGULATORY COMMISSION and the UNITED STATES OF )
AMERICA,
)
Respondents.
)
PETITION FOR REVIEW Pursuant to 42 U.S.C. § 2239, 28 U.S.C. § 2344, 5 U.S.C. § 702, 42 U.S.C.
§ 10139, Fed. R. App. P. 15(a), and D.C. Cir. Rule 15(a), Petitioners Dont Waste (Page 1 of Total)
USCA Case #21-1048 Document #1883596 Filed: 02/02/2021 Page 2 of 5 Michigan, Citizens for Alternatives to Chemical Contamination, Public Citizen, Inc., San Luis Obispo Mothers for Peace, Nuclear Energy Information Service, Citizens Environmental Coalition, Sustainable Energy and Economic Develop-ment (SEED) Coalition and Leona Morgan, Individually (Petitioners), through their undersigned counsel, hereby petition for review of the following orders entered by the United States Nuclear Regulatory Commission (the NRC or Commission): the Commissions Memorandum and Order CLI-20-14, issued on December 17, 2020 (CLI-20-14) (attached as Exhibit A); and the Commissions Memorandum and Order CLI-20-13, issued on December 4, 2020 (CLI-20-13")
(attached as Exhibit B).
APPEAL AS TO CLI-20-14 Petitioners seek review of CLI-20-14 on the grounds that the Commission wrongfully and unlawfully denied all but one of the Petitioners, to wit, Dont Waste Michigan, Citizens Environmental Coalition, Citizens for Alternatives to Chemical Contamination, Nuclear Energy Information Service, Public Citizen, Inc., San Luis Obispo Mothers for Peace and Leona Morgan, leave to participate as formal intervenors in a licensing proceeding pending before the Commission captioned In the Matter of INTERIM STORAGE PARTNERS LLC, (WCS Consolidated Interim Storage Facility), Docket No. 72-1050-ISFSI. Denial to (Page 2 of Total)
USCA Case #21-1048 Document #1883596 Filed: 02/02/2021 Page 3 of 5 these Petitioners of the opportunity to participate in the licensing proceeding violated the Atomic Energy Act (AEA), 42 U.S.C. §§ 2011 et seq., the Nuclear Waste Policy Act (NWPA), 42 U.S.C. §§ 10101 et seq., and the Administrative Procedure Act (APA), 5 U.S.C. §§ 706.
All Petitioners, including Sustainable Energy and Economic Development Coalition, maintain that in CLI-20-14, the NRC wrongfully and unlawfully applied the AEA, NWPA, APA and/or the National Environmental Policy Act (NEPA),
42 U.S.C. §§ 4321 et seq. when it ruled that all Petitioners had failed to plead any contentions that were admissible in the aforementioned proceeding. Specifically, all Petitioners seek review of the Commissions rulings on the below Contentions:
! Contention 1 (NEPA Analysis of Transportation Impacts)
! Contention 4 (Underestimation of Low-Level Radioactive Waste Volume)
! Contention 5 (Environmental Justice Effects of Transportation)
! Contention 6 (Effects of Oil and Gas Drilling)
! Contention 8 (Inadequate Consideration of Alternatives)
! Contention 11 (Lack of a Dry Transfer System)
! Contention 14 (NEPA Analysis of Security Risks)
(Page 3 of Total)
USCA Case #21-1048 Document #1883596 Filed: 02/02/2021 Page 4 of 5 APPEAL AS TO CLI-20-13 Further, Petitioner Sustainable Energy and Economic Development Coalition maintains that in CLI-20-13, the NRC wrongfully and unlawfully applied the AEA, NWPA, APA and/or the National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321 et seq. when it ruled that SEED had failed to plead an admissible Contention 17. Petitioner SEED seeks review of the Commissions rulings as to SEEDs Contention 17 that the Interim Storage Partners Environmental Report was inadequate for failing to include and analyze the findings of a report by the Nuclear Waste Technical Review Board.
Consequently, Petitioners respectfully request this Court to review, reverse, and vacate CLI-20-14 and CLI-20-13; alternatively and/or cumulatively, to order the dismissal of the license application under review; and to grant such other and additional remedies that may be warranted by law and equity.
Petitioners filing is timely because it is made within the 60-day period established by the Hobbs Act, 28 U.S.C. § 2344, for bringing a petition for judicial review of an agency action. Both CLI-20-13 and CLI-20-14 were decided within the 60 days next preceding the date of filing of this Petition for Review.
Further, venue is appropriate within the D.C. Circuit pursuant to 28 U.S.C. § 2343.
(Page 4 of Total)
USCA Case #21-1048 Document #1883596 Filed: 02/02/2021 Page 5 of 5
/s/ Terry J. Lodge Terry J. Lodge, Esq.
316 N. Michigan St., Suite 520 Toledo, OH 43604-5627 (419) 205-7084 tjlodge50@yahoo.com lodgelaw@yahoo.com Counsel for Petitioners (Page 5 of Total)
USCA Case #21-1048 Document #1883596 Filed: 02/02/2021 Page 1 of 4 UNITED STATES COURT OF A PPEALS DISTRICT OF COLUMBIA CIRCUIT 333 Constitution Avenue, NW Washington, DC 20001-2866 Phone: 202-216-7000 l Facsimile: 202-219-8530 DOCKETING STATEMENT Administrative Agency Review Proceedings (To be completed by appellant/petitioner)
- 1. CASE NO. 2. DATE DOCKETED: Feb. 4, 2021
- 4. TYPE OF CASE: Review Appeal Enforcement Complaint Tax Court
- 5. IS THIS CASE REQUIRED BY STATUTE TO BE EXPEDITED? Yes No If YES, cite statute
- 6. CASE INFORMATION:
- a. Identify agency whose order is to be reviewed: US Nuclear Regulatory Commission
- b. Give agency docket or order number(s):
- d. Has a request for rehearing or reconsideration been filed at the agency? Yes No If so, when was it filled? By whom?
Has the agency acted? Yes No If so, when?
- e. Identify the basis of appellant's/petitioner's claim of standing. See D.C. Cir. Rule 15(c)(2):
Prudential, proximity and "proximity plus," detailed in declarations as well as legal arguments filed before the NRC
- f. Are any other cases involving the same underlying agency order pending in this Court or any other?
Yes No If YES, identify case name(s), docket number(s), and court(s)
- g. Are any other caess, to counsel's knowledge, pending before the agency, this Court, another Circuit Court, or the Supreme Court which involve substantially the same issues as the instant case presents?
Yes No If YES, give case name(s) and number(s) of these cases and identify court/agency:
Don't Waste Michigan, Inc. v. US Nuclear Regulatory Agency, Case No. 20-1187, DC Circ. Ct. App
- h. Have the parties attempted to resolve the issues in this case through arbitration, mediation, or any other alternative for dispute resolution? Yes No If YES, provide program name and participation dates.
Signature /s/ Terry J. Lodge Date February 4, 2021 Name of Party (Print) Don't Waste Michigan and all other Petitioners Name of Counsel for Appellant/Petitioner (Print) Terry J. Lodge Address 316 N. Michigan St., Suite 520, Toledo, OH 43604-5627 E-Mail tjlodge50@yahoo.com Phone ( (419)) 205-7084
- Fax ( 419 ) 932 - 6625 ATTACH A CERTIFICATE OF SERVICE Note: If counsel for any other party believes that the information submitted is inaccurate or incomplete, counsel may so advise the Clerk within 7 calendar days by letter, with copies to all other parties, specifically referring to the challenged statement. An original and three copies of such letter should be submitted.
USCA Form 41 (Page 6 of August Total) 2009 (REVISED)
USCA Case #21-1048 Document #1883596 Filed: 02/02/2021 Page 2 of 4 UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT DONT WASTE MICHIGAN, )
CITIZENS ENVIRONMENTAL COALITION, CITIZENS FOR ) Case No. 21-1048 ALTERNATIVES TO CHEMICAL CONTAMINATION, NUCLEAR )
ENERGY INFORMATION SERVICE, PUBLIC CITIZEN, INC., )
SAN LUIS OBISPO MOTHERS FOR PEACE, SUSTAINABLE )
ENERGY AND ECONOMIC DEVELOPMENT COALITION )
AND LEONA MORGAN, INDIVIDUALLY, )
Petitioners, )
- v. )
UNITED STATES NUCLEAR )
REGULATORY COMMISSION and the UNITED STATES OF )
AMERICA,
)
Respondents.
)
CERTIFICATE OF SERVICE OF AGENCY DOCKETING STATEMENT AND PETITION FOR REVIEW (Page 7 of Total)
USCA Case #21-1048 Document #1883596 Filed: 02/02/2021 Page 3 of 4 I hereby certify that on February 4, 2021 I served a copy of the Agency Docketing Statement and Petition for Review that I filed this date upon the following persons of record in the underlying licensing proceeding before the U.S.
Nuclear Regulatory Commission: Emily.Krause@nrc.gov, Gary.Arnold@nrc.gov, nicholas.trikouros@nrc.gov, paul.bessette@morganlewis.com, Krupskaya.Castellon@nrc.gov, Sheldon.Clark@nrc.gov, dcurran@harmoncurran.com, ian.curry@nrc.gov, dianed@nirs.org, hearing.docket@nrc.gov, grant.eskelsen@morganlewis.com, stephanie.fishman@nrc.gov, joe.gillespie@nrc.gov, magolds@emory.edu, karendhadden@gmail.com, chris.hebner@sanantonio.gov, Jared.Heck@nrc.gov, a.kanner@kanner-law.com, Sara.Kirkwood@nrc.gov, Mauri.Lemoncelli@nrc.gov, ryan.lighty@morganlewis.com, tjlodge50@yahoo.com, timothy.matthews@morganlewis.com, molly.mattison@nrc.gov, Patrick.Moulding@nrc.gov, Brian.Newell@nrc.gov, ocaamail.resource@nrc.gov, monicap@forl.com, Kevin.Roach@nrc.gov, Carrie.Safford@nrc.gov, Stacy.Schumann@nrc.gov, clara.sola@nrc.gov, herald.speiser@nrc.gov, thomas.steinfeldt@nrc.gov, stefen@nealrgross.com, wtaylorlaw@aol.com, a.tennis@kanner-law.com, Alana.Wase@nrc.gov (Page 8 of Total)
USCA Case #21-1048 Document #1883596 Filed: 02/02/2021 Page 4 of 4
/s/ Terry J. Lodge Terry J. Lodge, Esq.
316 N. Michigan St., Suite 520 Toledo, OH 43604-5627 (419) 205-7084 tjlodge50@yahoo.com lodgelaw@yahoo.com Counsel for Petitioners (Page 9 of Total)