ML24347A118

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Unopposed Joint Motion to Modify Briefing Schedule 12.12.24
ML24347A118
Person / Time
Site: Point Beach  NextEra Energy icon.png
Issue date: 12/12/2024
From: Anderson C, Andrew Averbach, Curran D, Kim T, Rund J
Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP, NRC/OGC, Nuclear Energy Institute, US Dept of Justice, Environment & Natural Resources Div
To:
US Federal Judiciary, Court of Appeals, for the District of Columbia Circuit
References
24-1318, 2089252
Download: ML24347A118 (1)


Text

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

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BEYOND NUCLEAR, INC. and

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the SIERRA CLUB, INC.

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Petitioners,

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v.

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UNITED STATES NUCLEAR

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REGULATORY COMMISSION and the

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Case No. 24-1318 UNTIED STATES OF AMERICA,

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Respondents,

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NUCLEAR ENERGY INSTITUTE,

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FLORIDA POWER & LIGHT CO.,

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And NEXTERA ENERGY POINT

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BEACH, LLC,

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Intervenors

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UNOPPOSED JOINT MOTION TO AMEND BRIEFING SCHEDULE On December 4, 2024, the Court issued a notice establishing the following briefing schedule for this case:

Petitioners Opening Brief due January 21, 2025 Respondents Brief due February 20, 2025 Respondent-Intervenors Brief due February 27, 2025 Petitioners Reply Brief due March 20, 2025 Deferred Appendix due March 27, 2025 Final Briefs due April 3, 2025 In accordance with Circuit Rules 28(e), the Parties to this proceeding have conferred and Petitioners, Respondents, and Respondent-Intervenor Nuclear USCA Case #24-1318 Document #2089252 Filed: 12/12/2024 Page 1 of 4 Energy Institute respectfully request that the Court grant this Unopposed Joint Motion to Amend Briefing Schedule to allow each of the parties additional time to brief the case, as follows:

Petitioners Opening Brief due February 20, 2025 Respondents Brief due April 21, 2025 Respondent-Intervenors Brief due May 5, 2025 Petitioners Reply Brief due May 27, 2025 Deferred Appendix due June 3, 2025 Final Briefs due June 10, 2025 The requested amended briefing schedule would give Petitioners 30 additional days to file their opening brief. Respondents would get 30 additional days to file their answering brief. Respondent-Intervenors would get an extra week to file their answering brief. And Petitioners would get an extra week to file their reply brief.

The schedule for the deferred appendix and final briefs would not change in relation to the timing of Petitioners reply brief.

This unopposed motion is jointly filed by Petitioners, Respondents, and Intervenor Nuclear Energy Institute. Good cause exists for this request, as all parties joining the motion agree that the additional time will facilitate more thorough briefing and will not prejudice any party. The requested extension is made in good faith and not for the purpose of undue delay. Respondent-Intervenors Florida Power & Light Company and NextEra Energy Point Beach, LLC do not oppose this motion.

USCA Case #24-1318 Document #2089252 Filed: 12/12/2024 Page 2 of 4 Respectfully submitted,

/s/Diane Curran DIANE CURRAN Harmon, Curran, Spielberg & Eisenberg, L.L.P.

1725 DeSales Street N.W., Suite 500 Washington, D.C. 20036 dcurran@harmoncurran.com (240) 393-9285 Counsel for Petitioners

/s/ Christopher Anderson TODD KIM Assistant Attorney General CHRISTOPHER ANDERSON Attorney Environment & Natural Resources Division U.S. Department of Justice Post Office Box 7415 Washington, DC 20044 christopher.anderson3@usdoj.gov (202) 353-1834

/s/ Andrew P. Averbach ANDREW P. AVERBACH Solicitor Office of the General Counsel U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852 andrew.averbach@nrc.gov (301) 415-1956 Counsel for Federal Respondents USCA Case #24-1318 Document #2089252 Filed: 12/12/2024 Page 3 of 4

/s/ Jonathan M. Rund JONATHAN M. RUND Nuclear Energy Institute 1201 F Street, NW, Suite 1100 Washington, DC 20004 jmr@nei.org (202) 739-8144 Counsel for Intervenor Nuclear Energy Institute, Inc.

December 12, 2024 USCA Case #24-1318 Document #2089252 Filed: 12/12/2024 Page 4 of 4