U.S. Court Actions:

Suspension of Nuclear Waste Fund Fees:

• U.S. Court of Appeals Briefing Schedule with Regards to the Nuclear Waste Fund Fee Petition NARUC vs. DOE. June 15, 2010. 

• 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. 

• 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:

• 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. 

• Department of Energy Filed a Motion to Vacate Briefing and Oral Arguments Schedule and Hold Cases in Abeyance. July 2, 2010. 

• U.S. Court of Appeals Scheduled Oral Arguments on September 23. June 18, 2010. 

• U.S. Court of Appeals Briefing Schedule with Regards to the Consolidated Cases vs. DOE. May 13, 2010. 

• 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. 

• 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. 

• 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. 

• 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

• Department of Energy's Motion for Extension of Time to Respond to the State of Washington's Motion for Preliminary Injunction. April 14, 2010.

• 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. 

• 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

• 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

• Ferguson, et. al, vs. Administration. Petition for Review. Termination of YM Project. Filed in the District of Columbia Circuit February 25, 2010.   

• 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:

• Consolidation of Petitioners vs. DOE, Partial Breach of Contract. September 5, 2007.  

Federal Agency Actions:  

• 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. 
  

• 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 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. 

• 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.

• Department of Energy's Response to the Motion for New NRC Commissioners to Recuse Themselves. July 19, 2010. 

• Prairie Island Indian Community Response to Initial Brief filed by the DOE, State of Nevada and NRC Staff. July 19, 2010. 

• Nuclear Energy Institute Answer Motion for Recusal/Disqualification with Regards to Commissioners. July 19, 2010.

• Aiken County Reply Brief to NRC to Uphold ASLB Decision. July 19, 2010

• 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.

• Prairie Island Indian Community Affirms the ASLB's Order. July 9, 2010. 

• Aiken County Opposition to Commission to Review ASLB Order. July 8, 2010 

• Atomic Safety and Licensing Board Order Granting Intervention to Petitioners and Denying DOE to Withdraw its License Application from the NRC. June 29, 2010. 

• Atomic Safety and Licensing Board Joint Report Concerning the DOE Licensing Support Network Documents. June 18, 2010. 

• State of Nevada Petition to Stop Release of the Safety Evaluation Reports for Yucca Mountain. June 14, 2010. 

• Inyo County, Nevada, Opposition to the Department of Energy's Motion to Withdraw its License Application. May 17, 2010.

• National Association of Regulatory Utility Commissioners Opposition to the Department of Energy's Motion to Withdraw its License Application. May 17, 2010

• 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 

• Nye County, Nevada, Opposition to the Department of Energy's Motion to Withdraw its License Application. May 17, 2010.

• The State of South Carolina Opposition to the Department of Energy's Motion to Withdraw its License Application. May 17, 2010.

• 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

• 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. 

• Department of Energy's Notice of Deferral of Filing of Request for Records Disposition Authority Until May 5, 2010. April 16, 2010. 

• 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. 

• 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. 

• 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.

• 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. 

• 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.

• National Association of Regulatory Utility Commissioners. Filed with the NRC a Petition to Intervene Opposing DOE Withdrawal of the LA. March 15, 2010.

• Prairie Island Indian Community. Filed with the NRC a Petition to Intervene Opposing DOE Withdrawal of the LA. March 15, 2010.

• 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.

• State of South Carolina, Aiken County. Filed with the NRC a Petition to Intervene Opposing DOE Withdrawal of the LA. March 4, 2010.

• Department of Energy, Motion to Withdraw License Application. March 3, 2010

• State of Washington Attorney General vs. DOE. Filed with the NRC a Petition for Leave to Intervene and Request for Hearing. March 3, 2010

• 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

• DOE's Status Report to NRC on LA Archiving Plan. February 19, 2010.

• NRC's Reply to the NEI Questions regarding DOE Archiving of License Application Network/Material. February 16, 2010.

• NRC Granting DOE Motion to Stay License Application Proceedings. February 16, 2010.     

• DOE Provides NRC/ASLB Answers re. FY 2011 Budget Decision to w/Draw the LA from NRC.  February 4, 2010.  

• Dan Kane Petition for Rulemaking to Update and Proposed Revision of Waste Confidence Decision (73 FR 59551-59570 and 10 CFR 51.23). February 2, 2010.

• DOE Motion to Stay License Application Proceedings. February 1, 2010.

State Actions:

• Consumers Energy Company. Michigan Public Service Commission Case. State Escrow Trust for Spent Nuclear Fees. March 4, 2010

Related Documents:

• Press Release - Ferguson, et. al, vs. Administration. Petition for Review. Termination of YM Project. February 25, 2010.  

• Press Release - SC Attorney General Statement. Filing a Peitition with NRC and Seeking Legal Remedies Against DOE. February 24, 2010.

• Letter - DOE Withdrawal of Water Application. February 8, 2010

• Report - Congressional Research Service, NWPA Breach of Contract.  December 22, 2009.

• NARUC Committees on Electricity and Energy Resources and the Environment Resolution. February 17, 2010.