ML21313A209

11-4-21 Amended Petition for Review (DC Cir.)(Case No. 21-1055)

ML21313A209
Person / Time
Site:	Consolidated Interim Storage Facility
Issue date:	11/04/2021
From:	Taylor W Sierra Club
To:	NRC/OGC, US Federal Judiciary, Court of Appeals, for the District of Columbia Circuit
References
1920999, 21-1055
Download: ML21313A209 (3)

Text

IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT SIERRA CLUB,

)

)

Petitioner,

) No. 21-1055

)

vs.

)

) AMENDED PETITION FOR UNITED STATES NUCLEAR

) REVIEW REGULATORY COMMISSION and )

UNITED STATES OF AMERICA,

)

)

Respondents.

)

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 Sierra Club hereby amends its petition for review of the following orders entered by the United States Nuclear Regulatory Commission (NRC or Commission): the Commissions Memorandum and Order CLI-20-15, issued on December 17, 2020, previously attached as Exhibit A; and the issuance of the license by the NRC to build and operate the WCS Consolidated Interim Storage Facility, issued on September 13, 2021, and published in the Federal Register at 86 Fed. Reg. 51,926 (Sept. 17, 2021).

Sierra Club seeks review of Order CLI-20-15 and the issuance of the license on the grounds that the Commission wrongfully and unlawfully applied the Atomic Energy Act (AEA), 42 U.S.C. §§ 2011 et seq.; the USCA Case #21-1055 Document #1920999 Filed: 11/04/2021 Page 1 of 3

Nuclear Waste Policy Act (NWPA), 42 U.S.C. §§ 10101 et seq.; and the Administrative Procedure Act (APA), § 706.

Petitioners further maintain that in Order CLI-20-15, 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 Sierra Club failed to plead any contentions that were admissible into the aforementioned proceeding. Specifically, Sierra Club seeks review of the Commissions rulings on the following contentions:

Contention 1: The AEA and NWPA prohibit the licensing of the proposed CIS facility.

Contention 4: Transportation Risks Contention 6: Earthquakes Contention 9: Decommissioning Costs Contention 10: Groundwater Impacts Contention 11: Site Selection Process Contention 13: Wildlife Impacts Contention 14: Impacts of Storage Containers Used Beyond Their Licensing Period Contention 16: High Burnup Fuel Risks USCA Case #21-1055 Document #1920999 Filed: 11/04/2021 Page 2 of 3

Therefore, Sierra Club respectfully requests this Court to review, reverse and vacate Order CLI-20-15, order the dismissal of the license application under review, and grant such other and further relief as may be warranted, at law and in equity.

This Petition is timely because it is filed 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. Order CLI-20-15 was issued on December 17, 2020.

Further, venue is appropriate within the D.C. Circuit pursuant to 28 U.S.C. § 2343.

/s/ Wallace L. Taylor WALLACE L. TAYLOR AT0007714 4403 1st Ave. S.E., Suite 402 Cedar Rapids, Iowa 52402 319-366-2428;(Fax)319-366-3886 e-mail: wtaylorlaw@aol.com ATTORNEY FOR SIERRA CLUB USCA Case #21-1055 Document #1920999 Filed: 11/04/2021 Page 3 of 3