ML25245A120
| ML25245A120 | |
| Person / Time | |
|---|---|
| Site: | Consolidated Interim Storage Facility |
| Issue date: | 08/29/2025 |
| From: | Fagg B Consolidated Interim Storage Facility, Morgan Lewis |
| To: | Cayce L NRC/OGC, US Federal Judiciary, Court of Appeals, 5th Circuit |
| References | |
| 21-60743, 281 | |
| Download: ML25245A120 (1) | |
Text
Brad Fagg Partner
+1.202.739.5191 brad.fagg@morganlewis.com Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004
+1.202.739.3000 United States
+1.202.739.3001 DB1/ 161704360.2 August 29, 2025 VIA CM/ECF Lyle W. Cayce Clerk of Court United States Court of Appeals for the Fifth Circuit 600 S. Maestri Place New Orleans, Louisiana 70130 Re:
State of Texas et al. v. Nuclear Regulatory Commission, et al.,
No. 21-60743
Dear Mr. Cayce:
On behalf of Intervenor/Respondent Interim Storage Partners, LLC (ISP), this is a response to the Courts directive dated August 14, 2025, requesting that the parties advise what they think the court should do on remand.
In the appeals from the final judgment of this Court, the Supreme Court stated that
[w]e reverse the judgment of the Court of Appeals and remand the cases with instructions to deny or dismiss the petitions for review. Nuclear Regulatory Commn v. Texas, 605 U.S. 665, 690 (2025).
ISPs understanding is that all parties agree that dismissal is required. Given the Supreme Courts determination that the Petitioners in these cases were not entitled to obtain judicial review of the Commissions licensing decision, id., ISP agrees that this Court should dismiss the petitions. Upon such dismissals, the license in this case issued by the Commission in September 2021 would no longer be vacated, but would, instead, be valid.
Case: 21-60743 Document: 281 Page: 1 Date Filed: 08/29/2025
DB1/ 161704360.2 Page 2 Respectfully submitted,
/S/ Brad Fagg Brad Fagg Counsel of Record for Intervenor Interim Storage Partners, LLC cc: counsel of Record (via CM/ECF)
Case: 21-60743 Document: 281 Page: 2 Date Filed: 08/29/2025