ML23161A001

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6-6-23 Respondents Motion to Extend the Time to File the Certified Index (9th Cir.)(Case No.23-852)
ML23161A001
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 06/06/2023
From: Eric Michel
NRC/OGC
To:
US Federal Judiciary, Court of Appeals, 9th Circuit
References
23-852, DktEntry: 16.1
Download: ML23161A001 (1)


Text

IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

SAN LUIS OBISPO MOTHERS )

FOR PEACE, FRIENDS OF THE )

EARTH, and ENVIRONMENTAL )

WORKING GROUP )

Petitioners, )

v. ) No.23-852

)

UNITED STATES NUCLEAR )

REGULATORY COMMISSION and the )

UNITED STATES OF AMERICA )

Respondents, and )

)

PACIFIC GAS & ELECTRIC COMPANY )

Intervenor )

FEDERAL RESPONDENTS UNOPPOSED MOTION TO EXTEND THE TIME TO FILE THE CERTIFIED IND EX TO THE RECORD

In accordance with Federal Rule of Appellate Procedure (FRAP) 17 and

FRAP 27, Fede ral Respondents Nucle ar Regulatory Commission (NRC) and the

United States hereby fil e this Unopposed Motion to extend the time for the agency

to file its certified list describing all material constituting the record in this

proceeding. FRAP 17(a) provides that the agency must file t he record with the

circuit clerk within 40 days after be ing served with a petition for review, and that

the Court may extend the time to file the record. The petition for review in this

case was docketed on April 28, 2023, and thu s the applicable deadline for the

agency to file its certified index is June 7, 2023.

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Respondents move the Court to extend this deadline an additional 9 daysand

provide that the NRC may file its certified index to the record no later than Friday,

June 16, 2023. Respondents seek this extension because the NRC is still in the

process of evaluating a request to add certain documents to the agencys record of

decision to be filed with the court. A brief extension affording a dditional time to

initially file the certified index may obviate the need for supplementation at a later

date. This extension request is unopposed by all parties.

For these reasons, the Respondents respectfully request that the Motion be

granted and Respondent NRC be permittedto file the certified index to the record

no later than June 16, 20 23.

Respectfully submitted,

/s/ Eric V. Michel ERIC V. MICHEL Senior Attorney Office of the Gene ral Counsel U.S. Nuclear Regulatory Commission 1155 Rockville Pike Rockville, MD 20852 Eric.Michel2@nrc.gov (301) 415- 0932

June 6, 2023

CERTIFICATE OF COMPLIANCE

1. This document complies with the type -volume limit of Federal R ule

of Appellate proce dure 27(d)(2)(A) and Circuit Rule 27-1 because it contains 257

words.

2. This document complies with the typeface requir ements of Federal

Rule of Appellate Procedure 32( a)(5) and the type-style requirements of Federal

Rule of Appellate Procedure 32(a)(6) b ecause this document has been prepared in

a proportionally s paced typeface using Microsoft Word in 14 -poi nt Times New

Roman font.

Dated: June 6, 2023 /s/ Eric V. Michel ERIC V. MICHEL Counsel for Respondent NRC

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