Domestic customers of a utility in a regulated monopoly are outside the zone of interests of the Dormant Commerce Clause where the local utility is not subject to competition with out-of-state utilities.
State laws promoting the construction of nuclear power plants are not preempted by federal legislation.
While request for leave to amend in response brief was permissible, the description of the amendment wasn't sufficient to allow the court to consider the motion.
http://media.ca11.uscourts.gov/opinions/pub/files/201710080.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.