ML22299A129

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Status Report (DC Cir.)(Case No. 20-1187)
ML22299A129
Person / Time
Site: HI-STORE, Consolidated Interim Storage Facility
Issue date: 10/21/2022
From: Andrew Averbach, Heminger J
NRC/OGC, US Dept of Justice, Environment & Natural Resources Div
To:
US Federal Judiciary, Court of Appeals, for the District of Columbia Circuit
References
21-1187, 1970008, 20-1225, 21-1104, 21-1147, 20-1187
Download: ML22299A129 (1)


Text

USCA Case #20-1187 Document #1970008 Filed: 10/21/2022 Page 1 of 2

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

BEYOND NUCLEAR, INC., )

Petitioner, )

)

v. ) No. 20-1187,

) consolidated with Nos.

) 20-1225, 21-1104, 21-1147 UNITED STATES NUCLEAR )

REGULATORY COMMISSION and the )

UNITED STATES OF AMERICA, )

Respondents. )

RESPONDENTS STATUS REPORT

By order dated April 21, 2021, the Court consolidated each of these petitions

for review and ordered that Respondents file status reports concerning the

proceedings on April 29, 2021, and at 90-day intervals thereafter. Pursuant to that

order, Respondents U.S. Nuclear Regulatory Commission and the United States

report that the application filed by Holtec International for a license to construct

and operate a consolidated interim spent nuclear fuel storage facility in Lea

County, New Mexico, remains under consideration by the agency. The agency

published a Final Environmental Impact Statement regarding the facility on July

13, 2022, and a licensing decision is expected in 2023.

USCA Case #20-1187 Document #1970008 Filed: 10/21/2022 Page 2 of 2

Respectfully submitted,

/s/ Justin D. Heminger___ /s/ Andrew P. Averbach____

JUSTIN D. HEMINGER ANDREW P. AVERBACH Senior Litigation Counsel Solicitor United States Department of Justice Office of the General Counsel Environment & Natural U.S. Nuclear Regulatory Commission Resources Division 11555 Rockville Pike Appellate Section Rockville, MD 20852 950 Pennsylvania Avenue, NW (301) 415-1956 Washington, D.C. 20530-0001 andrew.averbach@nrc.gov (202) 514-5442 justin.heminger@usdoj.gov

Dated: October 21, 2022

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