ML21327A341

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11-19-21 Notice of Withdrawal of Amended Petition (DC Cir.)(Case No. 21-1048)
ML21327A341
Person / Time
Site: Consolidated Interim Storage Facility
Issue date: 11/19/2021
From: Curran D, Goldstein M
Beyond Nuclear, Emory Univ School of Law, Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP
To:
NRC/OGC, US Federal Judiciary, Court of Appeals, for the District of Columbia Circuit
References
1923197, 21-1048, 21-1055, 21-1056, 21-1179, 21-1227, 21-1230, 21-1231
Download: ML21327A341 (4)


Text

USCA Case #21-1048 Document #1923197 Filed: 11/19/2021 Page 1 of 4

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

)

BEYOND NUCLEAR, INC., )

)

Petitioner, ) Case No. 21-1056

)

v. ) Consolidated with Nos.

) 21-1048, 21-1055, 21-1179, UNITED STATES NUCLEAR ) 21,1227, 21-1230, and 21-1231 REGULATORY COMMISSION and the )

UNTIED STATES OF AMERICA, )

)

Respondents. )

)

PETITIONERS NOTICE OF WITHDRAWAL OF AMENDED PETITION FOR REVIEW

Petitioner Beyond Nuclear, Inc., through its undersigned counsel, hereby

withdraws its Amended Petition for Review, filed on November 4, 2021. Petitioner

is withdrawing its Amended Petition for Review because it is duplicative of a

Petition for Review filed on November 12, 2021, in Beyond Nuclear, Inc. v. U.S.

Nuclear Regulatory Commission and United States of America, No. 21-1230,

which has now been consolidated under 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, 21-1179, 21-1227, 21-1230, and

21-1231).

USCA Case #21-1048 Document #1923197 Filed: 11/19/2021 Page 2 of 4

BACKGROUND

In Beyond Nuclear v. NRC, No. 21-1056 (docketed on February 10, 2021),

Petitioner initially sought review of two final adjudicatory decisions by the United

States Nuclear Regulatory Commission (the NRC or Commission) in a

licensing proceeding for Interim Storage Partners application to build and operate

the WCS Consolidated Interim Storage Facility (ISP Licensing Proceeding).

Other parties also petitioned the court for review of the NRCs adjudicatory

decisions in the ISP Licensing Proceeding, and the court consolidated the petitions

in Dont Waste Michigan, et al. v. NRC, No. 21-1048 (consolidated with Nos. 21-

1055, 21-1056, and 21-1179).

On September 13, 2021, the NRC issued a license to ISP. See 86 Fed. Reg.

51,926 (Sept. 17, 2021). Therefore, on November 4, 2021, Petitioner amended its

initial Petition for Review to add the license issuance to the set of NRC decisions

on review in Beyond Nuclear v. NRC, No. 21-1056.

On November 10, 2021, however, the court issued an order suggesting that it

may be necessary for all of the petitioners in Dont Waste Michigan, et al. to file

new petitions for review in order to obtain review of the NRCs decision to issue

the ISP license. Therefore, despite having previously sought review of the license

issuance by filing an Amended Petition for Review in this proceeding, Petitioner

2 USCA Case #21-1048 Document #1923197 Filed: 11/19/2021 Page 3 of 4

exercised an abundance of caution by filing a new Petition for Review on

November 12, 2021 (docketed as Beyond Nuclear v. NRC, 21-1230).

By order dated November 17, 2021, the court consolidated Case No. 21-

1230 and two other related new petitions for review (Nos. 21-1227 and 21-1231)

with Dont Waste Michigan, et al.

DISCUSSION

Both Petitioners Amended Petition for Review and its new Petition for

Review in No. 21-2130 seek review of the same NRC decision: NRCs issuance of

a license to ISP. Thus, they are duplicative. In addition, while the Amended

Petition for Review and the new Petition for Review previously were lodged in

separate proceedings, those proceedings have now been consolidated into Dont

Waste Michigan, et al. Therefore, Petitioners hereby withdraw their Amended

Petition for Review.

3 USCA Case #21-1048 Document #1923197 Filed: 11/19/2021 Page 4 of 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 19, 2021

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