U.S. Court Actions:
Suspension of Nuclear Waste Fund Fees:
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National Association of Regulatory Utility Commissioners and Nuclear Energy Institute,
et.al., Counter Statements of Facts on the Evaluation of the Nuclear Waste Fund Fee Adequacy made by the Department of Energy in its Brief to the U.S. Court of Appeals for the District Circuit. October 20, 2011.
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National Association of Regulatory Commissioners vs. Administration. Petition for Review of the DOE's Failure to Accurately Determine the Adequacy of the Nuclear Waste Fund Fee. March 14, 2011.
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U.S. Court of Appeals for the D.C. Circuit Judgment Dismissing NARUC's and NEI's Arguments How the Secretary of Energy Conduct its Annual NWF Fee Assessment. However, the Court Stated That the Petitioners May Now Challenge the NWF Fee Assessment Recently Conducted the Secretary of Energy. December 13, 2010
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U.S. Court of Appeals Briefing Schedule with Regards to the Nuclear Waste Fund Fee Petition NARUC vs. DOE. June 15, 2010.
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Nuclear
Energy Institute & Utilities
vs. Administration. Joint Petition for Review Requesting Relief and Deny Request to, (1) Suspend the Fee Paid by the Ratepayers into the NWF until DOE Resumes the Disposal Program and, (2) Promptly Perform an Annual Review of the NWF Fees as Required by the
NWPA April 5, 2010. Filed in the U.S. Court of Appeals for the District of Columbia Circuit. April 5, 2010.
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National Association of Regulatory Utility Commissioners vs. Administration. Petition for Review Requesting Relief and Deny Request to, (1) Suspend the Fee Paid by the Ratepayers into the NWF until DOE Resumes the Disposal Program and, (2) Promptly Perform an Annual Review of the NWF Fees as Required by the
NWPA April 2, 2010. Filed in the U.S. Court of Appeals for the District of Columbia Circuit. April 2, 2010.
U.S. Court of Appeals for the District of Columbia Circuit:
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Aiken County,
et.al. filed a Petition in the U.S. Court of Appeals for the District of Columbia Circuit, Requesting a Response to their July 29, 2011 Petition for a Writ of Mandamus. The Petition Alleges that the Nuclear Regulatory Commission (NRC) has Unreasonably Withheld Consideration of the Department of Energy's License Application for the Yucca Mountain repository. Further, the NRC Failed to Issue a Decision on Whether it Would Review the Atomic Safety License Board's June 29, 2010 Decision. September 16, 2011.
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Aiken,
et al., Petitioned the Court for a Writ of Mandamus Claiming the Nuclear Regulatory Commission Action to Unreasonably Withholding its Consideration of the Yucca Mountain License Application as Specified in the Nuclear Waste Policy Act. July 29, 2011.
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The D.C. District Court Found the Petitioners Claim, that the Department of Energy's Motion to Withdraw the Yucca Mountain License Application was not Authorized Under the Nuclear Waste Policy Act, was not ripe for judicial review because the Motion is still Pending Before the Nuclear Regulatory Commission. July 1, 2011.
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Aiken County, et.al Oral Argument Pursuant to the DOE Withdrawal of Its License Application with Prejudice from the NRC. March 22, 2011.Prejudice from the NRC. March 22, 2011.
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Aiken
et.al Reply Brief of Petitioners Regarding the March 22,
2011 Oral Arguments. January 18, 2011.
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Aiken et.al Reply Brief of Petitioners Addendum Regarding the March 22, 2011 Oral Arguments. January 18, 2011.
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Department of Justice Raising Procedural and Ripeness Issues Regarding Aiken
et.al. Petition for Mandamus and Petitions for Review and Injunctive Relief. January 3, 2010.
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Aiken County,
et.al., Petitioners Status Report, Following Up to Their October 10 Motion to Lift Stay And Set Expedited Briefing Schedule Due to NRC Chairman Instructions to Staff to Shut Down its Review of the DOE's License Application, in Violation of the ASLB's June 29 Decision. November 29, 2010.
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Aiken County,
et al., Petition Regarding a Motion to Lift Stay and Set Expedited Briefing Schedule with Regards to the Termination of the Review of the Yucca Mountain License Application Without an Official NRC Commissioners Vote. October 25, 2010.
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Aiken County,
et.al., Petitioners' Reply to Respondents' Opposition to Lift Stay and Set Expedited Briefing Schedule. October 15, 2010.
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Aiken County, SC, Ferguson,
et.al., State of South Carolina and the State of Washington - Petitioners' Response in Opposition to Respondents' Motion to Vacate Briefing and Oral Argument Schedule and Hold Cases In Abeyance. July 7, 2010.
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Department of Energy Filed a Motion to Vacate Briefing and Oral Arguments Schedule and Hold Cases in Abeyance. July 2, 2010.
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U.S. Court of Appeals Scheduled Oral Arguments on September 23. June 18, 2010.
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U.S. Court of Appeals Briefing Schedule with Regards to the Consolidated Cases vs. DOE. May 13, 2010.
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U.S. Court of Appeals for the District Circuit Order to Hear the Consolidated Cases on the First Available Date in September, 2010. However, the Court Dismissed the Motion to Hold the Cases in Abeyance Since the NRC has Already Issued its Decision on the DOE's Motion to Withdraw its License Application. May 3, 2010.
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State of Washington's Reply to DOE's April 23, 2010, Opposing the States' Preliminary Relief to Stop DOE from Continuing to Dismantle the Permanent Repository, Yucca Mountain, Nevada. April 28, 2010.
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Department of Energy Requests the Court to Deny the State of Washington Petition for Review and for Declaratory and Injunctive Relief since the DOE Claims it has Already Decided to Consider New Approaches to Disposition of SNF and HLRW and Filed a Motion with the NRC to Withdraw its License Application. April 23, 2010.
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Department of Justice letter to the U.S. Court of Appeals for the District Circuit, notifying the Court of the Nuclear Regulatory Commission's April 23, 2010 Order to the Atomic Safety and Licensing Board to Issue a Decision no Later than June 1, 2010, on the Department of Energy's Motion to Withdraw its License Application. April 23, 2010
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Department of Energy's Motion for Extension of Time to Respond to the State of Washington's Motion for Preliminary Injunction. April 14, 2010.
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State of Washington Motion for Preliminary Injunction Asking the Court to Order DOE to Stop Further Actions to Terminate and Dismantle Operations Related to the Siting and Licensing of the Permanent Repository at Yucca Mountain. April 13, 2010.
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U.S. Court of Appeals for the District Circuit Consolidates Three Petitions for Review - Aiken County, SC; Robert Ferguson, et. al.; and the State of South
Carolina. April 8, 2010
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State of South Carolina vs. Administration and NRC. Petition for Review and a Petition for Writ of Mandamus, Writ of Prohibition, Stay, and/or Declaratory and
Injunctive Relief. Filed in the Fourth Circuit Court. February 26, 2010
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Ferguson, et. al, vs.
Administration. Petition for Review. Termination of YM Project. Filed
in the District of Columbia Circuit February
25, 2010.
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State
of South
Carolina, Aiken County vs DOE and NRC. Petition for Declaratory and
Injunctive Relief and Writ of Mandamus. Filed in the District of
Columbia Circuit February 19, 2010.
DOE vs. Utilities. Partial Breach of the Standard Contract:
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List of Judgments and Settlements Regarding the January 31, 1998 Deadline to Remove Spent Nuclear Fuel From Nuclear Plant Sites. July 22, 2011.
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Department of Energy Memorandum Outlining Liability Estimate with Regards to the Government's Partial Breach of the Standard Contracts its has with the Nuclear Utilities. October 29, 2010.
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U.S. Court of Federal Decision to Award Costs to the Yankee Atomic Power Company for Reracking and Dry Storage Costs Using the 1987 Annual Capacity Report. September 7, 2010.
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Consolidation of
Petitioners vs. DOE, Partial Breach of Contract. September 5, 2007.
Federal Agency Actions:
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Nuclear Energy Institute. As a Full-Party Member to the Nuclear Regulatory Commission Licensing Proceedings, the Nuclear Energy Institute is a Participant for "all" purposes, including Filing an Answer to the Department of Energy's Motion to Withdraw its License Application with Prejudice.
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State of Nevada. As a Full-Party Member to the Nuclear Regulatory Commission Licensing Proceedings, the State of Nevada is a Participant for "all" purposes, including Filing an Answer to the Department of Energy's Motion to Withdraw its License Application with Prejudice.
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Commissioner Magwood's Statement Justifying his Views and Decision on the DOE's Request to Withdraw its License Application with Prejudice from the Nuclear Regulatory Commission. September 12, 2011.
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State of Washington Office of the Attorney General, Requesting Clarification from the Nuclear Regulatory Commission Office of the General Counsel, Regarding the September 9, 2011 Memorandum and Order, and the Filing in the U.S. Court of Appeals for the District of Columbia Circuit Pleading entitled, "Underlying Decision in Case." September 12, 2011.
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Nuclear Regulatory Commission Issues a Memorandum and Order Stating that it is Evenly Divided on Whether to Take an Affirmative Action of Overturning or Upholding the Atomic Safety License Board's June 29, 2010 Decision. September 9, 2011.
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House of Representatives Upton and Shimkus letter to Nuclear Regulatory Commission Chairman
Jaczko, requesting that he immediately notifies all NRC employees of their right to communicate with Congress regarding the investigations on the pending Yucca Mountain license application. May 9, 2011.
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Nye County, NV, Opposes the Department of Energy's Motion to Suspend the Licensing Support Network Proceedings. March 11, 2011.
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Department of Energy Filed a Motion to Renew Temporary Suspension of Proceedings in Abeyance Through May 20, 2011 of the Licensing Support Network. March 4, 2011.
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Nuclear Regulatory Commission Staff Response to the February 25, 2011 ASLB's Order Regarding the Issuance of Volume 3 of the Yucca Mountain Safety Evaluation Report. March 3, 2011.
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Nuclear Regulatory Commission Staff Memorandum Updating the NRC Commissioners of Their Activities on the Yucca Mountain Program. March 1, 2011.
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Nuclear Regulatory Commission, ASLB Orders the NRC Staff to Show Cause Why Staff Should Not Issue an Unredacted Form of Volume 3, Yucca Mountain Safety Evaluation Report. February 25, 2011.
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Nuclear Regulatory Commission,
ASLB, Denies the Department of Energy's Motion to Renew Temporary Suspension of the License Application Proceedings. February 25, 2011.
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Nuclear Regulatory Commission, ASLB Order - Deciding Phase 1 Regarding 10 Legal Issues and Denying Rule Waiver Petitions. December 14, 2010.
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Nuclear Regulatory Commission, ASLB Order Addressing the November 18, 2010, State of Nevada Motion and Discover Status Regarding Outstanding Phase 1 Legal Issues. December 8, 2010.
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Nuclear Regulatory Commission Staff Notification to the Atomic Safety and Licensing Board that Volume 3, Safety Evaluation Report Will Not be Issued in November, and That a Revised Schedule is Presently Indeterminate. November 29, 2010.
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House of Representatives letter to the Office of Management and Budget requesting detailed explanation outlining the legal budgetary authority of NRC Chairman Jaczko actions to terminate the review of DOE license application. November 16, 2010.
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House of Representatives Upton and Whitfield letter to the Inspector General, Nuclear Regulatory Commission, requesting a formal investigation into Chairman's Jaczko Actions to Shut Down the Yucca Mountain Project. October 19, 2010.
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Nuclear Regulatory Commissioner Svinicki's Comments Regarding Commission Direction on Staff Budget Guidance Under FY 2011 Continuing Resolution. October 14, 2010.
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Nuclear Regulatory Commissioner Ostendorff's Disagreement with Staff Direction Under Budget Guidance Under FY 2011 Continuing Resolution. October 14, 2010.
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Nuclear Regulatory Commissioner Ostendorff's Memo Regarding Commission Direction to Staff Under FY 2011 Budget Guidance Continuing Resolution. October 6, 2010.
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State of Washington Attorney General Letter to the NRC Solicitor and the Department of Justice Petitioning the NRC Chairman Jaczko's Direction to Staff to Cease Work on the License Application. October 6, 2010.
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Nuclear Regulatory Commission Chief Financial Officer Memo to Staff Regarding Funds Available to Continue Work on the License Application Under FY 2011 Continuing Resolution. October 4, 2010.
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Commissioner William Magwood's decision not to recuse himself from any consideration of the Construction Authorization Board's decision denying the Department of Energy's motion to withdraw its license application with prejudice for the Yucca Mountain permanent repository. August 11, 2010.
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Commissioner William Ostendorff's decision not to recuse himself from any consideration of the Construction Authorization Board's decision denying the Department of Energy's motion to withdraw its license application with prejudice for the Yucca Mountain permanent repository. August 11, 2010.
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Department of Energy's Response to the Motion for New NRC Commissioners to Recuse Themselves. July 19, 2010.
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Prairie Island Indian Community Response to Initial Brief filed by the DOE, State of Nevada and NRC Staff. July 19, 2010.
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Nuclear Energy
Institute Answer Motion for Recusal/Disqualification with Regards to Commissioners. July 19, 2010.
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Aiken County Reply Brief to NRC to Uphold ASLB Decision. July 19, 2010
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Department of Energy's Brief in Support of Review and Reversal of the ASLB's Order Denying the DOE to Withdraw its License Application from the NRC. July 9, 2010.
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Prairie Island Indian Community Affirms the ASLB's Order. July 9, 2010.
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Aiken County Opposition to Commission to Review ASLB
Order. July 8, 2010
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Atomic Safety and Licensing Board Order Granting Intervention to Petitioners and Denying DOE to Withdraw its License Application from the NRC. June 29, 2010.
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Atomic Safety and Licensing Board Joint Report Concerning the DOE Licensing Support Network Documents. June 18, 2010.
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State of Nevada Petition to Stop Release of the Safety
Evaluation Reports for Yucca Mountain. June 14, 2010.
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Inyo County, Nevada, Opposition to the Department of Energy's Motion to Withdraw its License Application. May 17, 2010.
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National Association of Regulatory Utility Commissioners Opposition to the Department of Energy's Motion to Withdraw its License
Application. May 17, 2010
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Nuclear Regulatory Commission Staff Answer That They Could Not Justify the Department of Energy's Motion to Withdraw its License Application with
Prejudice. May 27, 2010
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Nye County, Nevada, Opposition to the Department of Energy's Motion to Withdraw its License Application. May 17, 2010.
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The State of South Carolina Opposition to the Department of Energy's Motion to Withdraw its License Application. May 17, 2010.
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The Atomic Safety and Licensing Board Notified the Nuclear Regulatory Commission that it will Decide on the DOE's Motion to Withdraw its License Application no Later than June 30, 2010. It Plans to Hold Oral Arguments and Rendering a Decision by June 1 is Infeasible Due to the Complexity of the Issues. April 27, 2010
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The
Nuclear Regulatory Commission Ordering the Atomic Safety and
Licensing Board to Make a Final Decision no Later than June 1,
2010 on the Department of Energy's Motion to Withdraw its License
Application from the NRC. April 23, 2010.
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Department of Energy's Notice of Deferral of Filing of Request for Records Disposition Authority Until May 5, 2010. April 16, 2010.
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Department of Energy's Petition Requesting the NRC Take Immediate Interlocutory Review and Reverse the Atomic Safety and Licensing Board's Decision to Suspend the DOE's Motion to Withdraw the License Application with Prejudice. April 12, 2010.
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Nuclear Regulatory Commission, Atomic Safety and Licensing Board, Issued a Memorandum and Order That it Will Suspend Further Briefing on the DOE's Motion to Withdraw its License Application with Prejudice Until the U.S. Court of Appeals Rule on Whether the DOE has the Authority to Withdraw the License Application. April 6, 2010.
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Department of Energy's Response to Petitions to Intervene Stating that the Petitioners Should Present Their Differing View of the Law on the Withdrawal of Its License Application. March 29, 2010.
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Nye County, Nevada. Filed a Petition with the NRC to Answer to the Petitions to Intervene Filed by the State of South Carolina, Aiken County, South Carolina, NARUC and the Prairie Island Indian Community. March 26, 2010.
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Nye County, Nevada. Notified the Surface Transportation Board of the Department of Energy's Motion to the NRC to Withdraw its License Application with Prejudice. March 18, 2010.
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National Association of Regulatory Utility Commissioners. Filed with the NRC a Petition to Intervene Opposing DOE Withdrawal of the LA. March 15, 2010.
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Prairie Island Indian Community. Filed with the NRC a Petition to Intervene Opposing DOE Withdrawal of the LA. March 15, 2010.
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The State of Nevada. Notified the Surface Transportation Board of the Department of Energy's Motion to the NRC to Withdraw its License Application with Prejudice. March 9, 2010.
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State of South Carolina, Aiken County. Filed with the NRC a Petition to Intervene Opposing DOE Withdrawal of the LA. March 4, 2010.
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Department of Energy, Motion to Withdraw License Application. March 3, 2010
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State of Washington Attorney General vs. DOE. Filed with the NRC a Petition for Leave to Intervene and Request for Hearing. March 3, 2010
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State of South Carolina Attorney General vs. DOE. Filed with the NRC a Petition to Intervene Opposing DOE to Withdraw the LA. February 26, 2010
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DOE's Status Report to NRC on LA
Archiving
Plan. February 19, 2010.
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NRC's Reply to the NEI Questions regarding DOE Archiving of License Application
Network/Material. February 16, 2010.
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NRC Granting DOE Motion to Stay License Application Proceedings.
February 16, 2010.
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DOE Provides
NRC/ASLB Answers re. FY 2011
Budget Decision to w/Draw the LA from NRC. February 4,
2010.
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DOE Motion to Stay
License Application Proceedings. February 1, 2010.
State Actions - Escrow of the Nuclear
Waste Fund Fees:
Waste Confidence Rule:
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Nuclear Energy Institute vs. The States of NY, VT and CT. NEI Filed a Motion to Intervene Supporting the NRC's December 23,
2010 Final Waste Confidence Rule. March 8, 2011.
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Nuclear Regulatory Commission vs. Dan Kane. Nuclear Regulatory Commission Denies Petition to Rescind the NRC's December 23, 2010 Final Waste Confidence Rule. February 28, 2011.
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Prairie Island Indian Community vs. Nuclear Regulatory Commission. Petition for Judicial Review Over the NRC's December 23, 2010 Final Waste Confidence Rule. February 22, 2011.
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Natural Resources Defense Council, Inc. vs. Nuclear Regulatory Commission. Petition for Judicial Review Over the NRC's December 23, 2010 Final Waste Confidence Rule. February 17, 2011.
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The States of NY, VT and CT vs. Nuclear Regulatory Commission. Petition for Judicial Review Over the NRC's December 23, 2010 Final Waste Confidence Rule. February 14, 2011.
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Nuclear Regulatory Commission. Final Waste Confidence Rule Decision. December 23, 2010.
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Dan Kane vs. Nuclear Regulatory Commission. Petition for Rulemaking on the Proposed Waste Confidence Rule. February 2, 2010.
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