ML21271A244
| ML21271A244 | |
| Person / Time | |
|---|---|
| Site: | Consolidated Interim Storage Facility |
| Issue date: | 09/23/2021 |
| From: | Cayce L, Dante Johnson US Federal Judiciary, Court of Appeals, 5th Circuit |
| To: | Kristine Svinicki NRC/Chairman, NRC/OGC |
| References | |
| 00516027476, 21-60743, 72-1050 | |
| Download: ML21271A244 (10) | |
Text
United States Court of Appeals FIFTH CIRCUIT OFFICE OF THE CLERK LYLE W. CAYCE CLERK TEL. 504-310-7700 600 S. MAESTRI PLACE, Suite 115 NEW ORLEANS, LA 70130 September 23, 2021 Ms. Kristine L. Svinicki U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852-2738 No. 21-60743 State of Texas v. NRC Agency No. 72-1050
Dear Ms. Svinicki,
You are served with the following document(s) under Fed. R. App. P.
15:
Petition for Review.
Special Guidance for Filing the Administrative Record: Pursuant to 5th Cir. R. 25.2, Electronic Case Filing (ECF) is mandatory for all counsel. Agencies responsible for filing the administrative record with this court are requested to electronically file the record via CM/ECF using one or more of the following events as appropriate:
Electronic Administrative Record Filed; Supplemental Electronic Administrative Record Filed; Sealed Electronic Administrative Record Filed; or Sealed Supplemental Electronic Administrative Record Filed.
Electronic records must meet the requirements listed below.
Records that do not comply with these requirements will be rejected.
- Max file size 20 megabytes per upload.
- Where multiple uploads are needed, describe subsequent files as "Volume 2", "Volume 3", etc.
- Individual documents should remain intact within the same file/upload, when possible.
- Supplemental records must contain the supplemental documents only. No documents contained within the original record should be duplicated.
Electronic records are automatically paginated for the benefit of counsel and the court and provide an accurate means of citing to the record in briefs. A copy of the paginated electronic record is provided to all counsel at the time of filing via a Notice of Case: 21-60743 Document: 00516027476 Page: 1 Date Filed: 09/23/2021
Docket Activity (NDA). Upon receipt, counsel should save a copy of the paginated record to their local computer.
Agencies unable to provide the administrative record via docketing in CM/ECF may instead provide a copy of the record on a flash drive or CD which we will use to upload and paginate the record.
If the agency intends to file a certified list in lieu of the administrative record, it is required to be filed electronically.
Paper filings will not be accepted. See Fed. R. App. P. 16 and 17 as to the composition and time for the filing of the record.
ATTENTION ATTORNEYS: Attorneys are required to be a member of the Fifth Circuit Bar and to register for Electronic Case Filing. The "Application and Oath for Admission" form can be printed or downloaded from the Fifth Circuits website, www.ca5.uscourts.gov.
Information on Electronic Case Filing is available at www.ca5.uscourts.gov/cmecf/.
We recommend that you visit the Fifth Circuits website, www.ca5.uscourts.gov and review material that will assist you during the appeal process. We especially call to your attention the Practitioners Guide and the 5th Circuit Appeal Flow Chart, located in the Forms, Fees, and Guides tab.
Counsel who desire to appear in this case must electronically file a "Form for Appearance of Counsel" within 14 days from this date.
You must name each party you represent, see Fed. R. App. P. and 5th Cir. R. 12. The form is available from the Fifth Circuits website, www.ca5.uscourts.gov. If you fail to electronically file the form, we will remove your name from our docket.
Special guidance regarding filing certain documents:
General Order No. 2021-1, dated January 15, 2021, requires parties to file in paper highly sensitive documents (HSD) that would ordinarily be filed under seal in CM/ECF. This includes documents likely to be of interest to the intelligence service of a foreign government and whose use or disclosure by a hostile foreign government would likely cause significant harm to the United States or its interests. Before uploading any matter as a sealed filing, ensure it has not been designated as HSD by a district court and does not qualify as HSD under General Order No. 2021-1.
A party seeking to designate a document as highly sensitive in the first instance or to change its designation as HSD must do so by motion. Parties are required to contact the Clerks office for guidance before filing such motions.
Sealing Documents on Appeal: Our court has a strong presumption of public access to our courts records, and the court scrutinizes any request by a party to seal pleadings, record excerpts, or other documents on our court docket. Counsel moving to seal matters must explain in particularity the necessity for sealing in our court. Counsel do not satisfy this burden by simply stating that the originating court sealed the matter, as the circumstances that justified sealing in the originating court may have changed or may not apply in an appellate proceeding. It is the obligation of counsel to justify a request to file under seal, just as it is Case: 21-60743 Document: 00516027476 Page: 2 Date Filed: 09/23/2021
their obligation to notify the court whenever sealing is no longer necessary. An unopposed motion to seal does not obviate a counsels obligation to justify the motion to seal.
Sincerely, LYLE W. CAYCE, Clerk By: _________________________
Dantrell L. Johnson, Deputy Clerk 504-310-7689 Enclosure(s) cc w/encl:
Mr. Andrew Paul Averbach Mr. Merrick Garland, U.S. Attorney General Mr. Henry Carl Myers P.S. to Respondents: The petition for review includes over 400 pages of Exhibit/Attachments. Please be advised that the Court will not include the voluminous Exhibit/Attachments as part of this mailing. However, said Exhibit/Attachments are available for review upon accessing the public docket of this case at Pacer.gov.
Or, this Court will e-mail or print & mail the voluminous Exhibit/Attachments upon your request.
Case: 21-60743 Document: 00516027476 Page: 3 Date Filed: 09/23/2021
Provided below is the courts official caption. Please review the parties listed and advise the court immediately of any discrepancies. If you are required to file an appearance form, a complete list of the parties should be listed on the form exactly as they are listed on the caption.
Case No. 21-60743 State of Texas; Greg Abbott, Governor of the State of Texas; Texas Commission on Environmental Quality, Petitioners
- v.
Nuclear Regulatory Commission; United States of America, Respondents Case: 21-60743 Document: 00516027476 Page: 4 Date Filed: 09/23/2021
No. ___________
In the United States Court of Appeals for the Fifth Circuit STATE OF TEXAS; GREG ABBOTT, GOVERNOR OF TEXAS; TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, Petitioners,
- v.
U.S. NUCLEAR REGULATORY COMMISSION; UNITED STATES OF AMERICA, Respondents.
PETITION FOR REVIEW Pursuant to 42 U.S.C. § 2239(b) and Rule 15(a) of the Federal Rules of Appellate Procedure, the State of Texas, Governor Greg Abbott, and the Texas Commission on Environmental Quality hereby petition the Court for review of the following order entered by the U.S. Nuclear Regulatory Commission in Docket No. 72-1050 on September 13, 2021:
Interim Storage Partners, LLC; WCS Consolidated Interim Storage Facility; Issuance of Materials License and Record of Decision, 86 Fed.
Reg. 51,926 (Sept. 17, 2021) (issuing Materials License No. SNM-2515).
In accordance with Fifth Circuit Rule 15.1(b), copies of the license Case: 21-60743 Document: 00516027437 Page: 1 Date Filed: 09/23/2021
2 materials in Docket No. 72-1050 and of the Federal Register notice of the issuance of the license are attached as Attachments A-G.
Venue is appropriate in this Court because Petitioners reside in and have their principal offices in this judicial circuit. 28 U.S.C. § 2343.
Petitioners pray that, upon review, the Court will hold unlawful and set aside the order issuing Materials License No. SNM-2515 and vacate the License.
Case: 21-60743 Document: 00516027437 Page: 2 Date Filed: 09/23/2021
3 Respectfully submitted, KEN PAXTON Attorney General of Texas BRENT WEBSTER First Assistant Attorney General GRANT DORFMAN Deputy First Assistant Attorney General SHAWN COWLES Deputy Attorney General for Civil Litigation PRISCILLA M. HUBENAK Chief, Environmental Protection Division
/s/ H. Carl Myers H. CARL MYERS Assistant Attorney General State Bar No. 24046502 Carl.Myers@oag.texas.gov OFFICE OF THE ATTORNEY GENERAL OF TEXAS ENVIRONMENTAL PROTECTION DIVISION P.O. BOX 12548 (MC-066)
AUSTIN, TEXAS 78711-2548 (512) 463-2012 l FAX: (512) 320-0911 COUNSEL FOR PETITIONERS, STATE OF TEXAS, GREG ABBOTT, GOVERNOR OF TEXAS, AND Case: 21-60743 Document: 00516027437 Page: 3 Date Filed: 09/23/2021
4 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Case: 21-60743 Document: 00516027437 Page: 4 Date Filed: 09/23/2021
5 CERTIFICATE OF SERVICE I hereby certify that I caused a true and correct copy of Petitioners Petition for Review to be served this September 23, 2021, by U.S. mail on the following. This certificate is intended to serve as compliance with FRAP 15(c)(1) and (2), and with 28 U.S.C. § 2344.
Jeffery D. Isakson Chief Executive Officer/President Interim Storage Partners LLC P.O. Box 1129 Andrews, TX 79714 Marian Zobler, General Counsel Andrew Averbach, Solicitor United States Nuclear Regulatory Commission Office of General Counsel OWFN Mail Stop 14A44 11555 Rockville Pike Rockville, MD 20852 Marian.zobler@nrc.gov Andrew.averbach@nrc.gov Hon. Annette Vietti-Cook, Secretary United States Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852-2738 Annette.vietti-cook@nrc.gov Merrick Garland, Attorney General United States Department of Justice Environment and Natural Resources Division 950 Pennsylvania Avenue N.W.
Washington, D.C. 20530-001 Case: 21-60743 Document: 00516027437 Page: 5 Date Filed: 09/23/2021
6
/s/ H. Carl Myers H. CARL MYERS Case: 21-60743 Document: 00516027437 Page: 6 Date Filed: 09/23/2021