ML24088A025
| ML24088A025 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 03/27/2024 |
| From: | Eric Michel NRC/OGC |
| To: | US Federal Judiciary, Court of Appeals, 9th Circuit |
| References | |
| Case 23-3884, 90-13-3-17479 | |
| Download: ML24088A025 (1) | |
Text
No. 23-3884 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SAN LUIS OBISPO MOTHERS FOR PEACE and FRIENDS OF THE EARTH, Petitioners,
- v.
UNITED STATES NUCLEAR REGULATORY COMMISSION and UNITED STATES OF AMERICA, Respondents, and PACIFIC GAS & ELECTRIC COMPANY, Intervenor.
FEDERAL RESPONDENTS UNOPPOSED MOTION FOR 28-DAY EXTENSION OF TIME TO FILE ANSWERING BRIEF Pursuant to Federal Rule of Appellate Procedure 27 and Circuit Rules 27-1 and 31-2, Federal Respondents U.S. Nuclear Regulatory Commission (NRC) and the United States of America move for a 28-day extension of time, to and including May 17, 2024, within which to file their Answering Brief. Federal Respondents have consulted with counsel for Petitioners and Intervenor who have indicated that they do not oppose the motion. The motion is based on the attached declaration of Eric Michel, Senior Attorney, NRC.
Case: 23-3884, 03/27/2024, DktEntry: 25.1, Page 1 of 6 Respectfully submitted,
/s/Eric V. Michel ERIC V. MICHEL Senior Attorney Office of the General Counsel U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852 Eric.Michel2@nrc.gov (301) 415-0932 March 27, 2024 90-13-3-17479 Case: 23-3884, 03/27/2024, DktEntry: 25.1, Page 2 of 6 DECLARATION OF COUNSEL I, Eric Michel, declare pursuant to 28 U.S.C. § 1746 as follows:
- 1.
I am the attorney charged with primary responsibility for representing NRC in the above-captioned case.
- 2.
Federal Respondents Answering Brief was first due on March 20, 2024. After the Court approved Petitioners streamlined request for a 30-day extension of time to file their Opening Brief, Federal Respondents Answering Brief became due on April 19, 2024, which remains the current due date.
- 3.
Federal Respondents are seeking an extension of 28 days, to and including May 17, 2024, to file their Answering Brief.
- 4.
An extension is necessary because this case is a petition for review of a final agency order under the Hobbs Act (28 U.S.C. § 2342), in which counsel for both the NRC and the Department of Justice must coordinate on a joint Answering Brief. This entails multiple layers of review and approval of Federal Respondents brief within each agency. Federal Respondents request this additional 28 days to accommodate this coordination and review, as preparing a jointly filed brief within 30 days of Petitioners Opening Brief would entail significant hardship for the attorneys and management officials involved. Federal Respondents had initially intended to utilize the streamlined extension of time provision in Circuit Rule 31-2.2(a) to receive an additional 30 days to file their Answering Brief. However, Case: 23-3884, 03/27/2024, DktEntry: 25.1, Page 3 of 6 the Courts Order of January 9, 2024, states that [t]he provisions of Ninth Circuit Rule 31-2.2(a) shall not apply to this petition. Federal Respondents thus move for an extension by motion pursuant Circuit Rule 31-2.2(b).
- 5.
Additionally, I will be traveling internationally to represent the NRC and chair a working group meeting held at the International Atomic Energy Agency in Vienna, Austria, that is scheduled to take place April 22, 2024, through April 26, 2024. This meeting will require a significant amount of advance preparation on my part, which overlaps with my preparation of the Answering Brief.
- 6.
Given these concurrent obligations, as well as considering the length of the internal Executive Branch review and coordination for jointly filed briefs in Hobbs Act litigation, there is substantial need for an extension of 28 days. Despite my exercise of diligence, Federal Respondents are unable to meet the current deadline for filing the Answering Brief.
- 7.
If this motion is granted, Federal Respondents Answering Brief would be due on or before May 17, 2024. Federal Respondents will continue to exercise diligence toward preparing a brief for filing within the due date as extended.
- 8.
I have consulted with counsel for Petitioners and Intervenor, who advised that they do not oppose this motion.
Case: 23-3884, 03/27/2024, DktEntry: 25.1, Page 4 of 6 I declare, under penalty of perjury, that the foregoing is true and correct.
Respectfully submitted, s/Eric V. Michel ERIC V. MICHEL Senior Attorney Office of the General Counsel U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852 Eric.Michel2@nrc.gov (301) 415-0932 March 27, 2024 Case: 23-3884, 03/27/2024, DktEntry: 25.1, Page 5 of 6 CERTIFICATE OF COMPLIANCE I hereby certify that this motion complies with the requirements of Federal Rules of Appellate Procedure (FRAP) 27(d) and 32(a)(5) and (6) because it has been prepared in 14-point Times New Roman, a proportionally spaced font.
I further certify that this motion complies with the type-volume limitation of FRAP 27(d)(2) because it contains 81 words, excluding accompanying documents authorized by FRAP 27(a)(2)(B).
/s/ Eric V. Michel ERIC V. MICHEL Senior Attorney Office of the General Counsel U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852 Eric.Michel2@nrc.gov (301) 415-0932 March 27, 2024 Case: 23-3884, 03/27/2024, DktEntry: 25.1, Page 6 of 6