ML21356A578
| 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