ML20189A018
| ML20189A018 | |
| Person / Time | |
|---|---|
| Site: | HI-STORE |
| Issue date: | 07/02/2020 |
| From: | Taylor W Sierra Club |
| To: | NRC/OGC, US Federal Judiciary, Court of Appeals, for the District of Columbia Circuit |
| References | |
| 1850089, 20-1187, 20-1225, CLI-20-04 | |
| Download: ML20189A018 (6) | |
Text
USCA Case #20-1187 Document #1850089 Filed: 07/02/2020 Page 1 of 4 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT BEYOND NUCLEAR, INC., et al., )
)
Petitioners, )
)
- v. )
) Nos. 20-1187 and 20-1225 UNITED STATES NUCLEAR ) (Consolidated)
REGULATORY COMMISSION )
and the UNITED STATES OF )
AMERICA, )
)
Respondents. )
SIERRA CLUB MOTION TO INTERVENE Comes now Sierra Club, pursuant to Federal Rule of Appellate Procedure 15(d) and Local Rule 15(b), and moves to intervene in this Petition for Review. In support of this Motion to Intervene, the Sierra Club states as follows:
- 1. In Case No. 20-1187, Beyond Nuclear has petitioned the court for review of two orders issued by the U.S. Nuclear Regulatory Commission (NRC) in a licensing proceeding for a nuclear waste storage facility in New Mexico. First, in an Order dated October 29, 2018, the NRC refused to dismiss the licensing proceeding for failure to comply with the Nuclear Waste Policy Act (NWPA) and the Administrative Procedure Act (APA). Second, in Memorandum and Order CLI-20-04, dated April 23, 2020 (CLI-20-04), the (Page 1 of Total)
USCA Case #20-1187 Document #1850089 Filed: 07/02/2020 Page 2 of 4 NRC refused to grant Beyond Nuclear a hearing on the question of whether the license application itself violated the NWPA. Beyond Nuclears Petition for Review presented no other claims, nor did Beyond Nuclear raise any other claims in the licensing proceeding.
- 2. On June 19, 2020, Dont Waste Michigan and other organizations filed a petition for review of CLI-20-04 in Case No. 20-1225. Their petition for review included a claim that the license application violated the NWPA.
The court consolidated the cases by an order dated June 23, 2020.
- 3. Like Beyond Nuclear and Dont Waste Michigan, et al., Sierra Club sought a hearing before the NRC on the same license application. Sierra Club raised a number of claims, including a claim very similar to Beyond Nuclears, that the license application violated the NWPA. The NRC Commissioners conclusively decided this NWPA claim in CLI-20-04 along with Beyond Nuclears NWPA claim. Id., slip op. at 4-8.1 1
Beyond Nuclear and Sierra Club both claim that provisions in the license application that contemplate federal ownership of the spent nuclear fuel vio-late the NWPA, and the APA prohibits the NRC from issuing a license with an illegal provision. While Dont Waste Michigans et al.s claim also con-cerns a violation of the NWPA, it focuses on the impact of that violation -
asserting that, without illegal contracts with the federal government to take title to the spent nuclear fuel, Holtec cannot provide reasonable assurance that it has or will obtain the necessary funds to build, operate, and decom-mission the facility. The NRC conclusively decided Dont Waste Michigan et al.s NWPA claim in CLI-20-04, slip op. at 41-44.
(Page 2 of Total)
USCA Case #20-1187 Document #1850089 Filed: 07/02/2020 Page 3 of 4
- 4. Some claims by Sierra Club, other than its NWPA claim, are still pending before the agency. Therefore, no final decision has been made on Sierra Clubs case as a whole; and under the Hobbs Act, 28 U.S.C. § 2344, Sierra Club may not yet file a petition for review of CLI-20-04.
Accordingly, Sierra Club moves the court for permission to intervene in support of Beyond Nuclears claims related to the NWPA. By allowing Sierra Club to intervene in this proceeding, the court will protect Sierra Clubs interest in being heard on the issue of NWPA compliance, which has now been conclusively decided against Beyond Nuclear and Sierra Club on the same grounds. See CLI-20-04, slip op. at 4-8. If permitted to intervene in this proceeding for review of CLI-20-04, Sierra Club will not seek to raise the same issue later if and when the NRC rules against Sierra Club on other issues in a final decision.
Sierra Club consulted the NRC and the Department of Justice regarding this motion. They have no objection to the filing of this motion.
/s/ Wallace L. Taylor WALLACE L. TAYLOR AT0007714 (Page 3 of Total)
USCA Case #20-1187 Document #1850089 Filed: 07/02/2020 Page 4 of 4 4403 1st Ave. S.E., Suite 402 Cedar Rapids, Iowa 52402 319-366-2428;(Fax)319-366-3886 e-mail: wtaylorlaw@aol.com ATTORNEY FOR SIERRA CLUB (Page 4 of Total)
USCA Case #20-1187 Document #1850089 Filed: 07/02/2020 Page 1 of 2 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT BEYOND NUCLEAR, INC., et al., )
)
Petitioners, )
)
vs. ) Nos. 20-1187 and 20-1225
) (Consolidated)
UNITED STATES NUCLEAR )
REGULATORY COMMISSION )
and the UNITED STATES OF )
AMERICA, )
)
Respondents. )
SIERRA CLUBS DISCLOSURE STATEMENT Pursuant to Federal Rule of Appellate Procedure 26.1 and D.C. Circuit Rule 26.1, Sierra Club makes the following disclosures:
Non-Governmental Corporate Party: Sierra Club Parent Corporations: None Publicly Held Company Owning 10% or More of Partys Stock: None Partys General Nature and
Purpose:
Sierra Club is a non-profit corporation organized under the laws of California. Its goal is to protect and enhance the environment. In this case, Sierra Club is concerned about storing and transporting at least 100,000 tons of radioactive waste. Sierra Club members live within 35 miles of the proposed radioactive waste storage site at issue in (Page 5 of Total)
USCA Case #20-1187 Document #1850089 Filed: 07/02/2020 Page 2 of 2 this case and near the likely routes over which the waste will be transported by rail to the proposed storage site.
/s/ Wallace L. Taylor WALLACE L. TAYLOR AT0007714 4403 1st Ave. S.E., Suite 402 Cedar Rapids, Iowa 52402 319-366-2428;(Fax)319-366-3886 e-mail: wtaylorlaw@aol.com ATTORNEY FOR SIERRA CLUB (Page 6 of Total)