ML23306A289
| ML23306A289 | |
| Person / Time | |
|---|---|
| Site: | Consolidated Interim Storage Facility |
| Issue date: | 11/02/2023 |
| From: | Abrams M, Paxton K, Pettit L, Webster B State of TX, Commission on Environmental Quality, State of TX, Governor, State of TX, Office of the Attorney General |
| To: | NRC/OGC, US Federal Judiciary, Court of Appeals, 5th Circuit |
| References | |
| 21-60743, 224 | |
| Download: ML23306A289 (1) | |
Text
Case: 21-60743 Document: 224 Page: 1 Date Filed: 11/02/2023 No. 21-60743 In the United States Court of Appeals for the Fifth Circuit State of Texas; Greg Abbott, Governor of the State of Texas; Texas Commission on Environmental Quality; Fasken Land and Minerals, Limited; Permian Basin Land and Royalty Owners, Petitioners, v.
Nuclear Regulatory Commission; United States of America, Respondents.
On Petition for Review of Action by the Nuclear Regulatory Commission UNOPPOSED MOTION TO EXTEND TIME TO FILE RESPONSE TO PETITIONS FOR REHEARING EN BANC Petitioners the State of Texas, Governor Greg Abbott, and the Texas Commis-sion on Environmental Quality respectfully request a 30-day extension of the time in which to file their response to the petitions for rehearing en banc. Respondents Nu-clear Regulatory Commission and the United States are unopposed to this motion, as is Intervenor Interim Storage Partners, LLC. Petitioners Fasken Land and Miner-als, Limited and Permian Basin Land and Royalty Owners consent to the extension and request that the Court set a uniform briefing deadline for all responses. In sup-port of this motion, Petitioners show the following:
Case: 21-60743 Document: 224 Page: 2 Date Filed: 11/02/2023
- 1. Respondents and Intervenor filed petitions for rehearing en banc on October 24, 2023. On November 1, two movantsthe Nuclear Energy Institute, Inc. and Holtec Internationalsought leave to file briefs as amici curiae in support of Re-spondents and Intervenor.
- 2. This Court called for a response to the petitions for rehearing on October 30, making Petitioners response due November 9.
- 3. Petitioners ask the Court to set a new deadline of December 11, 2023. *
- 4. Petitioners request for an extension of time is necessary because of under-signed counsels preexisting obligations on multiple matters, including:
- drafting a reply brief on the merits in Texas v. Zurawski, No. 23-0629 (Su-preme Court of Texas) (filed Oct. 31, 2023);
- drafting a reply brief on the merits in Texas v. Harris County, No. 23-0656 (Supreme Court of Texas) (due Nov. 7, 2023);
- drafting appellees opening brief in Richardson v. Texas, No. 23-40526 (5th Cir.) (due Nov. 9, 2023);
- presenting argument in Paxton v. Commission for Lawyer Discipline, No.
05-23-00128-CV (Fifth Court of Appeals) (set for Nov. 15, 2023);
- drafting appellants opening brief in Texas v. City of Houston, No. 03 00531-CV (Third Court of Appeals) (due Nov. 22, 2023);
- presenting argument in Texas v. Harris County, No. 23-0656 (Supreme Court of Texas) (set for Nov. 28, 2023); and A 30-day extension would extend the deadline to December 9, 2023, which falls on a Saturday.
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Case: 21-60743 Document: 224 Page: 3 Date Filed: 11/02/2023
- presenting argument in Harrison v. Young, No. 23-10223 (5th Cir.) (set for Dec. 8, 2023).
- 5. This extension is sought in the interest of justice, not for delay, and no party will be prejudiced if this unopposed request for an extension is granted.
Conclusion Petitioners deadline to file their response to the petitions for rehearing en banc should be extended 30 days, to and including Monday, December 11, 2023.
Respectfully submitted.
Ken Paxton /s/ Lanora C. Pettit Attorney General of Texas Lanora C. Pettit Principal Deputy Solicitor General Brent Webster Lanora.Pettit@oag.texas.gov First Assistant Attorney General Michael R. Abrams Office of the Attorney General Assistant Solicitor General P.O. Box 12548 (MC 059)
Austin, Texas 78711-2548 Counsel for Petitioners State of Tel.: (512) 936-1700 Texas, Governor Greg Abbott, and Fax: (512) 474-2697 Texas Commission on Environmen-tal Quality 3
Case: 21-60743 Document: 224 Page: 4 Date Filed: 11/02/2023 Certificate of Conference On November 1, 2023, the parties conferred regarding this motion, and counsel for Federal Respondents and Intervenor are unopposed to the relief requested.
/s/ Michael R. Abrams Michael R. Abrams Certificate of Service On November 2, 2023, this response was served via CM/ECF on all registered counsel and transmitted to the Clerk of the Court. Counsel further certifies that:
(1) any required privacy redactions have been made in compliance with Fifth Circuit Rule 25.2.13; (2) the electronic submission is an exact copy of the paper document in compliance with Fifth Circuit Rule 25.2.1; and (3) the document has been scanned with the most recent version of Symantec Endpoint Protection and is free of viruses.
/s/ Lanora C. Pettit Lanora C. Pettit Certificate of Compliance This document complies with: (1) the type-volume limitation of Federal Rule of Appellate Procedure 27(d)(2)(A) because it contains 394 words, excluding exempted text; and (2) the typeface requirements of Rule 32(a)(5) and the type-style require-ments of Rule 32(a)(6) because it has been prepared in a proportionally spaced type-face (14-point Equity) using Microsoft Word (the same program used to calculate the word count).
/s/ Lanora C. Pettit Lanora C. Pettit 4