ML21097A228
| ML21097A228 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 04/07/2021 |
| From: | Ommen T Pace Environmental Law Clinic, Riverkeeper |
| To: | NRC/OGC, US Federal Judiciary, District Court for the District of Columbia |
| References | |
| 1893546, 21-1080 | |
| Download: ML21097A228 (4) | |
Text
IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Case No. 21-1080 NONBINDING STATEMENT OF ISSUES Pursuant to the Courts March 8, 2021 order, petitioner Riverkeeper, Inc. (Riverkeeper) submits the following statement of issues to be raised in this proceeding.
On November 23, 2020, Nuclear Regulatory Commission (NRC) staff issued orders (1) provisionally granting an application to transfer licenses for the Indian Point Nuclear Generating Station Unit Nos. 1, 2, and 3 (collectively Indian Point) from the plants current owners to RIVERKEEPER, INC, Petitioner,
- v.
UNITED STATES NUCLEAR REGULATORY COMMISSION, Respondent.
USCA Case #21-1080 Document #1893546 Filed: 04/07/2021 Page 1 of 4
2 subsidiaries of Holtec International for decommissioning, and (2) granting the provisional transferees request for exemptions from NRC regulations that would otherwise prohibit them from funding non-decommissioning expenses using Indian Points nuclear decommissioning trusts. On January 15, 2021, with two commissioners dissenting, the NRC issued an order denying Riverkeepers petition to intervene and request for a hearing in the Indian Point license transfer proceedings.
Without waiving any right to submit additional issues, Riverkeeper intends to raise the following issues in support of its challenge:
- 1. Whether NRCs denial of Riverkeepers petition to intervene and request for hearing was arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with law in violation of the Administrative Procedure Act, 5 U.S.C. § 706(2)(A);
- 2. Whether NRC staffs order provisionally approving the license transfer application was arbitrary and capricious, an abuse of USCA Case #21-1080 Document #1893546 Filed: 04/07/2021 Page 2 of 4
3 discretion, or otherwise not in accordance with law in violation of the Administrative Procedure Act, 5 U.S.C. § 706(2)(A); and
- 3. Whether NRCs grant of the above-referenced exemption request was arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with law and/or in excess of statutory jurisdiction, authority, or limitations, or short of statutory right in violation of the Administrative Procedure Act, 5 U.S.C. § 706(2)(A), (C).
Dated: April 7, 2021 Respectfully Submitted, TODD D. OMMEN
/s/ Todd D. Ommen Pace Environmental Law Clinic, Inc.
78 N. Broadway White Plains NY 10603 914-422-4343 tommen@law.pace.edu USCA Case #21-1080 Document #1893546 Filed: 04/07/2021 Page 3 of 4
4 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Nonbinding Statement of Issues was filed on April 7, 2021 using the Courts CM/ECF system and that service was therefore accomplished upon counsel of record by the Courts system.
Dated: April 7, 2021 Respectfully Submitted, TODD D. OMMEN
/s/ Todd D. Ommen Pace Environmental Law Clinic, Inc.
78 N. Broadway White Plains NY 10603 914-422-4343 tommen@law.pace.edu USCA Case #21-1080 Document #1893546 Filed: 04/07/2021 Page 4 of 4