ML21356A578

12-20-21 Motion for Extension of Time to File Reply (10th Cir.)(Case No. 21-9593)

ML21356A578
Person / Time
Issue date:	12/20/2021
From:	Andrew Averbach, Heminger J, Kim T NRC/OGC, US Dept of Justice, Environment & Natural Resources Div
To:	US Federal Judiciary, Court of Appeals, 10th Circuit
References
010110621418, 21-9593
Download: ML21356A578 (5)

Text

Appellate Case: 21-9593 Document: 010110621418 Date Filed: 12/20/2021 Page: 1

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

STATE OF NEW MEXICO, ex rel. )

HECTOR H. BALDERAS, Attorney )

General and the NEW MEXICO )

ENVIRONMENT DEPARTMENT, )

Petitioners, )

v. )

) No. 21-9593 UNITED STATES NUCLEAR )

REGULATORY COMMISSION and )

UNITED STATES OF AMERICA, )

Respondents. )

RESPONDENTS UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY IN SUPPORT OF MOTION TO DISMISS

Respondents Nuclear Regulatory Commission (NRC) and the United

States of America respectfully request an extension of 12 days, up to and including

January 11, 2022, to file a reply in support of their motion to dismiss this Petition

for Review for lack of subject -matter jurisdiction. Counsel for Respondents have

conferred with counsel for Petitioners and counsel for Intervenor, and all counsel

consent to this request.

In support of their motion, Respondents state:

1. This case concerns the issuance of a license by NRC to Interim

Storage Partners, L.L.C., to construct and operate a consolidated interim storage

facility for the storage of spent nuclear fuel in Andrews County, Texas. NRC

issued the license on September 13, 2021.

Appellate Case: 21-9593 Document: 010110621418 Date Filed: 12/20/2021 Page: 2

2. On December 8, 2021, Respondents filed a motion to dismiss the

Petition for Review for lack of subject-matter jurisdiction. Petitioners response is

due on December 23, 2021.

3. Preparing a reply in support of the motion to dismiss will require

coordination between NRC and the Department of Justice, which represents

Respondent United States of America, and will require approvals within both

agencies. This process is made more difficult as a consequence of the holidays and

the number of emp loyees at both agencies taking time off.

4. If Petitioners file their response on December 23, 2021, Respondents

reply would be due on December 30. A twelve -day extension would enable

Respondents to avoid disrupting their plans over the holidays and would not

unreasonably delay resolution of the proceedings.

Accordingly, Respondents respectfully request that t his Court grant their

unopposed request for an extension of 12 days, up to and including January 11,

2022, to file their reply in support of their motion to dismiss.

2 Appellate Case: 21-9593 Document: 010110621418 Date Filed: 12/20/2021 Page: 3

Respectfully submitted,

/s/ Justin D. Heminger /s/ Andrew P. Averbach TODD KIM ANDREW P. AVERBACH Assistant Attorney General Solicitor JUSTIN D. HEMINGER Office of the General Counsel Attorney U.S. Nuclear Regulatory Commission Environment and Natural Resources 11555 Rockville Pike Division Rockville, MD 20852 U.S. Department of Justice andrew.averbach@nrc.gov Post Office Box 7415 (301) 415-1956 Washington, D.C. 20044 justin.heminger@usdoj.gov (202) 514-5442

December 20, 2021

3 Appellate Case: 21-9593 Document: 010110621418 Date Filed: 12/20/2021 Page: 4

CERTIFICATE OF COMPLIANCE WITH FEDERAL RULE OF APPELLATE PROCEDURE 27(D)

I certify that this filing complies with the requirements of Fed. R. App. P.

27(d)(1)(E) because it has been prepared in 14-point Times New Roman, a

proportionally spa ced font.

I further certify that this filing complies with the type -volume limitation of

Fed. R. App. P. 27(d)(2)(A) because it contains 278 words, excluding the parts of

the of the filing exempted under Fed. R. App. P. 32(f), according to the count of

Microsoft Word.

/s/ Andrew P. Averbach Andrew P. Averbach

Counsel for Respondent U.S. Nuclear Regulatory Commission

Appellate Case: 21-9593 Document: 010110621418 Date Filed: 12/20/2021 Page: 5

CERTIFICATE OF SERVICE

I certify that on December, 20, 2021, I served a copy of RESPONDENTS UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY IN SUPPORT OF MOTION TO DISMISS upon counsel for the parties in this action by filing the document electronically through the CM/ECF system. This method of service is calculated to serve counsel at the following e -mail addresses:

Bruce C. Baizel bruce.baizel@state.nm.us

William Gregory Grantham wgrantham@nmag.gov, swright@nmag.gov

Justin Heminger justin.heminger@usdoj.gov; efile_app.enrd@usdoj.gov

P. Cholla Khoury ckhoury@nmag.gov

Zachary E. Ogaz zogaz@nmag.gov, swright@nmag.gov

Arnold Bradley Fagg brad.fagg@morganlewis.c om

Ryan Kennedy Lighty ryan.lighty@morganlewis.com

/s/ Andrew P. Averbach Andrew P. Averbach

Counsel for Respondent U.S. Nuclear Regulatory Commission