Filed On: December 11, 2008.
BEFORE: Henderson, Brown, and Kavanaugh, Circuit Judges.
Upon consideration of the court's order to show cause filed September 9, 2008, and the response thereto, it is
ORDERED that the order to show cause be discharged. It is
FURTHER ORDERED that the petition for review be dismissed. Petitioner's request for agency reconsideration, pending when this petition for review was filed, renders this petition incurably premature. It is well-settled that "[a] request for administrative reconsideration renders an agency's otherwise final action non-final with respect to the requesting party," Clifton Power v. FERC, 294 F.3d 108, 110 (D.C. Cir. 2002) (citing United Transp. Union v. ICC, 871 F.2d 1114, 1116 (D.C. Cir. 1989)), and "`subsequent action by the agency on a motion for reconsideration does not ripen the petition for review or secure appellate jurisdiction,'"Clifton Power, 294 F.3d at 110 (quotingTeleSTAR, Inc. v. FCC, 888 F.2d 132, 134 (D.C. Cir. 1989)).
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc.See Fed.R.App.P. 41(b); D.C. Cir. Rule 41.