ML16273A567

Joint Motion to Govern Proceedings (DC Cir. No. 16-1108) 9-29-16

ML16273A567
Person / Time
Site:	Turkey Point
Issue date:	09/29/2016
From:	Eye R, Frantz S, Grace Kim Morgan, Morgan, Lewis & Bockius, LLP, NRC/OGC, Robert V. Eye Law Office
To:	US Federal Judiciary, US Court of Appeals for the District of Columbia Circuit
References
16-1108, 1638350
Download: ML16273A567 (4)

Text

USCA Case #16-1108 Document #1638350 Filed: 09/29/2016 Page 1 of 4 UNITED STATES COURT OF APPEALS DISTRICT OF COLUMBIA CIRCUIT

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SUSTAINABLE ENERGY AND )

ECONOMIC DEVELOPMENT )

COALITION, et al. )

Petitioner, )

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v. )

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U.S. NUCLEAR REGULATORY )

COMMISSION and the ) No. 16-1108 UNITED STATES OF AMERICA, )

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Respondents, )

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NUCLEAR INNOVATION NORTH )

AMERICA, LLC )

Intervenor. )

________________________________)

JOINT MOTION TO GOVERN PROCEEDINGS Pursuant to the Courts order of August 30, 2016, the parties hereby submit this joint motion to govern proceedings related to the above-captioned petition for review, which concerns the issuance by the U.S. Nuclear Regulatory Commission (NRC) of licenses for the South Texas Project Unit 3 and Unit 4 nuclear power plants.

On May 18, 2016, this Court ordered that the petition be held in abeyance pending the Courts disposition of New York v. NRC, Nos. 14-1210, 14-1212, 14-1216, and 14-1217, in which petitioners challenged the NRCs Continued Spent

USCA Case #16-1108 Document #1638350 Filed: 09/29/2016 Page 2 of 4 Fuel Storage Rule and Generic Environmental Impact Statement (GEIS). On June 3, 2016, the Court denied the petitions for review in New York, and on August 8, 2016, the Court denied certain petitioners request for rehearing en banc. The mandate issued on August 17, 2016. Accordingly, the above-captioned petition may now be returned to the active docket.

In light of the decision in New York, Petitioners have agreed not to raise any challenge in this case to the Continued Spent Fuel Storage Rule or GEIS, whether under the National Environmental Policy Act, the Administrative Procedure Act, or the Atomic Energy Act. Instead, Petitioners intend to raise a challenge to the issuance of the licenses for South Texas Units 3 and 4 involving an unrelated issue pertaining to the prohibition against foreign control or domination of a nuclear power plant project.

At the time the petition was held in abeyance, the only preliminary filing deadlines remaining were for the Certified Index to the Record and for any dispositive motions. Nuclear Innovation North America, LLC, was granted intervention on May 18, 2016. In addition, neither Petitioners nor Respondents plan to file a dispositive motion.

To govern further proceedings, the parties propose that the Court issue an order with the following schedule: Respondent Nuclear Regulatory Commissions Certified Index of the Record to be filed by January 28, 2017; Petitioners initial

USCA Case #16-1108 Document #1638350 Filed: 09/29/2016 Page 3 of 4 brief to be filed on or before March 10, 2017; Respondents initial brief due on April 28, 2017; Respondent-Intervenors initial brief due on May 5, 2017; and Petitioners initial reply brief due on May 19, 2017.

Respectfully submitted,

/s/Robert V. Eye Robert V. Eye, KS. Sup. Ct. No. 10689 Robert V. Eye Law Office, LLC 4840 Bob Billings Parkway, Ste. 1010 Lawrence, Kansas 66049 785-234-4040 Phone 785-749-1202 Fax bob@kauffmaneye.com Counsel for Intervenors

/s/Grace Kim Grace Kim Senior Attorney Division of Legal Counsel Office of the General Counsel U.S. Nuclear Regulatory Commission (301) 287-9153 Grace.kim@nrc.gov Counsel for Respondent

/s/Steven P. Frantz Steven P. Frantz Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, N.W.

Washington, D.C. 20004 Phone: 202-739-3000 Fax: 202-739-3001 E-mail: sfrantz@morganlewis.com Phone: 202-739-3000 Fax: 202-739-3001 Counsel for Intervenor

USCA Case #16-1108 Document #1638350 Filed: 09/29/2016 Page 4 of 4