ML20016A367

19-1198 - Massachusetts V. Nuclear Regulatory Commission - Notice Regarding Massachusetts' Motion for a Stay Pending Appellate Review

ML20016A367
Person / Time
Site:	Pilgrim
Issue date:	01/10/2020
From:	Schofield S State of MA, Office of the Attorney General
To:	Langer M NRC/OGC, US Federal Judiciary, Court of Appeals, for the District of Columbia Circuit
References
1823697, 19-1198
Download: ML20016A367 (2)

Text

USCA Case #19-1198 Document #1823697 Filed: 01/10/2020 Page 1 of 2 THE COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE ATTORNEY GENERAL ONE ASHBURTON PLACE BOSTON, MASSACHUSETTS 02108-1598 MAURA HEALEY (617) 727-2200 ATTORNEY www.ma.gov/ago GENERAL January 10, 2020 VIA THE CM/ECF SYSTEM Mark Langer, Clerk of Court U.S. Court of Appeals for the District of Columbia Circuit 333 Constitution Ave., NW Washington, D.C. 20001 Subj: 19-1198 - Massachusetts v. Nuclear Regulatory Commission -

Notice Regarding Massachusetts Motion for A Stay Pending Appellate Review

Dear Clerk Langer:

I write on behalf of the Petitioner Commonwealth of Massachusetts regarding the Commonwealths October 28, 2019 Motion for a Stay Pending Appellate Review. This letter serves to inform the Court that due to the circumstances described briefly below the Commonwealth is no longer presently pursuing the relief requested in its pending Stay Motion.

The Commonwealths Stay Motion asked this Court to stay certain actions of the Respondent Nuclear Regulatory Commission (NRC or Commission) pending review of those actions by this Court. In response, on November 22, 2019, the NRC and Intervenor-Respondents Holtec Decommissioning International, LLC et al. both filed combined responses to the Commonwealths Stay Motion. Those responses move to dismiss the Commonwealths Petition and respond to the Stay Motion. The Commonwealths combined response was due on December 20, 2019. However, as the NRC informed the Court on December 18, 2019, the Commission issued a memorandum and order denying the Commonwealths earlier application to the agency for a stay of the NRCs actions on December 17, 2019just three days before the Commonwealths combined response was due in this Court. Due to that development, the parties jointly requested an enlargement of the briefing schedule so that the Commonwealth could evaluate the relevance of the Commissions order to its Stay Motion before this Court.

Based on its further review, the Commonwealth has concluded that the Commissions December 17 order denying the Commonwealths application to the

USCA Case #19-1198 Document #1823697 Filed: 01/10/2020 Page 2 of 2 Mark Langer January 10, 2020 Subj: No. 19-1198 Page 2 of 2 agency for a stay has altered the pre-existing circumstances to such an extent as to have rendered the Commonwealths Stay Motion in this Court largely obsolete.

While the Commonwealth expects shortly to file another petition for review of, among other things, the Commissions December 17, 2019 order and it may then file a new motion for a stay in this Court that is tailored to the changed circumstances, the Commonwealth, as noted above, is no longer presently seeking the relief it requested in its October 28, 2019 Stay Motion as a result of the Commissions order.

For clarity, it makes this notice without prejudice to the possibility of filing a new motion for a stay following the filing of its new petition. And, also due to this development, the Commonwealth is filing today only an opposition to the NRC and Intervenors motions to dismiss. Given the procedural posture, however, the Commonwealth does cite its Stay Motion in its opposition to the motions to dismiss for background context and relevant facts.

Very truly yours,

/s/ Seth Schofield Seth Schofield Senior Appellate Counsel Energy and Environment Bureau Cc: All Counsel of Record (by ECF)