ML23110A028

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4-13-23 Status Report Beyond Nuclear V NRC (Case No. 20-1187)
ML23110A028
Person / Time
Site: HI-STORE
Issue date: 04/13/2023
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
20-1187, Document #1994611, 1994611, 20-1225, 21-1104, 21-1147
Download: ML23110A028 (1)


Text

USCA Case #20-1187 Document #1994611 Filed: 04/13/2023 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 in July 2022, which was supplemented in October 2022, and a licensing decision is expected in 2023.

USCA Case #20-1187 Document #1994611 Filed: 04/13/2023 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: April 13, 2023 2