ML23032A390
| ML23032A390 | |
| Person / Time | |
|---|---|
| Issue date: | 01/27/2023 |
| From: | Abrams M, Andrew Averbach NRC/OGC, State of TX, Solicitor General |
| To: | Cayce L US Federal Judiciary, Court of Appeals, 5th Circuit |
| References | |
| 21-60743, Document: 180 | |
| Download: ML23032A390 (1) | |
Text
Case: 21-60743 Document: 180 Page: 1 Date Filed: 01/27/2023 MICHAEL R. ABRAMS (512) 936-1700 Assistant Solicitor General Michael.Abrams@oag.texas.gov January 27, 2023 Via CM/ECF Lyle W. Cayce Clerk of Court United States Court of Appeals 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:
The D.C. Circuits opinion in Dont Waste Michigan v. NRC underscores that a merits decision here is warranted.
At this cases hearing, the NRC characterized the Dont Waste Michigan challenges as ones that were properly brought as a contrast to its argument that Texass challenge is procedurally flawed. See, e.g., Oral Arg. 21:57-22:03. The D.C.
Circuit apparently disagreed, though, because it denied the many petitions for review in that case in summary fashion, in large part for jurisdictional reasons or because the petitioners did not comply with the NRCs internal procedural rules.
Nevertheless, the NRC doubles down on its attempt to leverage the Dont Waste Michigan proceedings as a reason why this Court should not reach the merits. But that is even more untenable now than it was before. This case undeniably presents a major subject[] of public concern. 42 U.S.C. § 10131(a)(7). And Texas has already explained in multiple filings why no internal NRC procedural rules prevent this Court from reaching the merits. If the NRCs procedural arguments prevail there would remain no evident way to challenge the NRCs unauthorized answer to this major question. No authority binds this Court to that inequitable resolution, and this P os t Of fic e Box 12548 , Aust in, Texa s 7 8 7 1 1 - 2 5 4 8 * ( 5 1 2 ) 4 6 3 - 2 1 0 0
- www. texa satto r neyg eneral .gov
Case: 21-60743 Document: 180 Page: 2 Date Filed: 01/27/2023 Page 2 Court should decline the NRCs invitation to adopt it.
Respectfully submitted.
/s/ Michael R. Abrams Michael R. Abrams Assistant Solicitor General Counsel of Record for Texas Petitioners cc: counsel of record (via CM/ECF)
P os t Of fic e Box 12548 , Aust in, Texa s 7 8 7 1 1 - 2 5 4 8 * ( 5 1 2 ) 4 6 3 - 2 1 0 0
- www. texa satto r neyg eneral .gov