ML21313A196
| ML21313A196 | |
| Person / Time | |
|---|---|
| Site: | Consolidated Interim Storage Facility |
| Issue date: | 11/04/2021 |
| From: | Curran D, Goldstein M Beyond Nuclear, Emory Univ School of Law, Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP, Turner Environmental Law Clinic |
| To: | NRC/OGC, US Federal Judiciary, Court of Appeals, for the District of Columbia Circuit |
| References | |
| 1920947, 21-1048, 21-1055, 21-1056, 21-1179 | |
| Download: ML21313A196 (9) | |
Text
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT
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BEYOND NUCLEAR, INC.,
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Petitioner,
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Case No. 21-1056
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- v.
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Consolidated with Nos.
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21-1048, 21-1055, and 21-1179 UNITED STATES NUCLEAR
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REGULATORY COMMISSION and the
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UNTIED STATES OF AMERICA,
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Respondents.
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AMENDED 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), Petitioner Beyond Nuclear, Inc., through its undersigned counsel, hereby amends its petition for review in this proceeding.1 This amended petition seeks review of the issuance by the United States Nuclear Regulatory Commission (the NRC or Commission) of a license to build and operate the WCS Consolidated Interim Storage Facility, published at 1 The court docketed Beyond Nuclears original Petition for Review on February 10, 2010, in Beyond Nuclear v. U.S. Nuclear Regulatory Commission and United States of America, No. 21-1056. The court subsequently consolidated this case with three others, and captioned it Dont Waste Michigan, et al. v. U.S. Nuclear Regulatory Commission and United States of America, No. 21-1048 (consolidated with Nos. 21-1055, 21-1056, and 21-1179).
USCA Case #21-1056 Document #1920947 Filed: 11/04/2021 Page 1 of 9
2 86 Fed. Reg. 51,926 (Sept. 17, 2021) (License Issuance). A copy of the Federal Register notice is attached.
The License Issuance appealed by this Amended Petition for Review completes the NRCs action on Interim Storage Partners (ISPs) license application and constitutes the third and last NRC decision of which Petitioner seeks review. With this Amended Petition, Beyond Nuclear now seeks review of the License Issuance and two previous NRC decisions: a Commission Order issued on October 29, 2018 (2018 Order) and Memorandum and Order CLI-20-14, issued on December 17, 2020 (CLI-20-14).
Petitioner seeks review of these three NRC decisions on the grounds that they violate the Nuclear Waste Policy Act (NWPA), 42 U.S.C. §§ 10222(a)(5)(A) and 10143, and the Administrative Procedure Act (APA), 5 U.S.C. §§ 706(2)(A) and (C). Petitioner contends that in the 2018 Order, the NRC violated the NWPA and the APA by refusing to dismiss an administrative proceeding that contemplated issuance of a license permitting federal ownership of used reactor fuel at a commercial fuel storage facility. Petitioner also contends that the NRC violated the NWPA and the APA in CLI-20-14 by ruling that the application under review in the proceeding was lawful and by refusing to grant Petitioner a hearing on the question of whether the NRC is prohibited by the APA from issuing a license that contains provisions that would violate the NWPA if USCA Case #21-1056 Document #1920947 Filed: 11/04/2021 Page 2 of 9
3 implemented. Finally, Petitioner contends that the License Issuance violated the NWPA and the APA.
Accordingly, Petitioner respectfully requests this Court review, reverse, and vacate the 2018 Order, CLI-20-14, and the License Issuance and grant any other remedies that may be appropriate.
This 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 a final agency action. The License Issuance was noticed within the last 60 days, and renders final and ripe all other orders issued against Beyond Nuclear in the underlying proceeding, including the 2018 Order and CLI-20-14. Venue is appropriate within the D.C. Circuit pursuant to 28 U.S.C. § 2343.
Finally, because none of Petitioners legal claims are altered by this Amended Petition for Review, it will not impact the proposed word limits and briefing schedule set out in the Joint Motion to Govern Future Proceedings filed on October 12, 2021.
USCA Case #21-1056 Document #1920947 Filed: 11/04/2021 Page 3 of 9
4 Respectfully Submitted,
___/signed electronically by/__
Diane Curran Harmon, Curran, Spielberg, & Eisenberg, L.L.P.
1725 DeSales Street N.W., Suite 500 Washington, D.C. 20036 240-393-9285 Email: dcurran@harmoncurran.com
___/signed electronically by/__
Mindy Goldstein Turner Environmental Law Clinic Emory University School of Law 1301 Clifton Road Atlanta, GA 30322 404-727-3432 Email: magolds@emory.edu Counsel for Petitioner November 4, 2021 USCA Case #21-1056 Document #1920947 Filed: 11/04/2021 Page 4 of 9
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CERTIFICATE OF SERVICE I, Diane Curran, hereby certify that on November 4, 2021, I posted Petitioners Amended Petition for Review on the Courts ECF website. I also sent copies of those documents to the following by first-class mail:
Merrick B. Garland, Atty. Genl. (by registered mail, return receipt requested)
United States Department of Justice Environment and Natural Resources Division 950 Pennsylvania Avenue N.W.
Washington, D.C. 20530-0001 Marian Zobler, General Counsel Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Annette L. Vietti-Cook, Secretary (by registered mail, return receipt requested)
U.S. Nuclear Regulatory Commission Mail Stop O-16G4 Washington, D.C. 20555-0001 Paul Bessette, Esq.
Ryan Lighty, Esq.
Timothy Matthews, Esq.
Morgan, Lewis and Bockius, L.L.P 1111 Pennsylvania Ave. N.W.
Washington, D.C. 20004 Terry J. Lodge, Esq.
316 N. Michigan Street, Suite 520 Toledo, OH 43604-5627 Wallace L. Taylor, Esq.
4403 1st Avenue, Suite 402 Cedar Rapids, IA 52404 USCA Case #21-1056 Document #1920947 Filed: 11/04/2021 Page 8 of 9
2 Monica R. Perales, Esq.
6101 Holiday Hill Road Midland, TX 79707 Allan Kanner, Esq.
Annemieke M. Tennis, Esq.
Kanner & Whiteley, LLC 701 Camp Street New Orleans, LA 70130 Karen D. Hadden, Executive Director, Sustainable Energy and Economic Development (SEED) Coalition 605 Carismatic Lane Austin, TX 78748 Diane DArrigo Nuclear Information and Resource Service (NIRS) 6930 Carroll Avenue Suite 340 Takoma Park, MD 20912 Chris Hebner, Esq.
City of San Antonio, TX P.O. Box 839966 San Antonio, TX 78283 Respectfully Submitted,
___/signed electronically by/__
Diane Curran Harmon, Curran, Spielberg, & Eisenberg, L.L.P.
1725 DeSales Street N.W., Suite 500 Washington, D.C. 20036 240-393-9285 Email: dcurran@harmoncurran.com USCA Case #21-1056 Document #1920947 Filed: 11/04/2021 Page 9 of 9