ML022340644

Parents Concerned About Indian Point V. NRC, No. 02-4243 (2d Cir., Filed June 27, 2002).

ML022340644
Person / Time
Site:	Indian Point
Issue date:	08/22/2002
From:	Cordes J NRC/OGC
To:	J. J. Barton, Callahan S, Domenici P, Voinovich G US HR, Comm on Energy & Commerce, US HR, Subcomm on Energy & Air Quality, US HR, Subcomm on Energy & Water Development, US SEN, Comm on Appropriations, US SEN, Comm on Environment & Public Works, US SEN, Subcomm on Clean Air, Wetlands, Private Property & Nuclear Safety, US SEN, Subcomm on Energy & Water Development
References
02-4243
Download: ML022340644 (4)

Text

August 22, 2002 The Honorable Joe Barton, Chairman Subcommittee on Energy and Air Quality Committee on Energy and Commerce United States House of Representatives Washington, D.C. 20515 RE: Parents Concerned About Indian Point v. NRC, No. 02-4243 (2d Cir., filed June 27, 2002)

Dear Chairman:

This lawsuit challenges the Commissions refusal to reopen a 20-year old proceeding on emergency planning at the Indian Point nuclear power reactors. Petitioner says the proceeding should be reopened in light of the September 11 terrorist attacks. The Commission, in a letter sent by the Office of the Secretary, said that it would not reopen a case closed nearly twenty years ago, and pointed out that petitioner could seek relief, or demand a new proceeding, under 10 C.F.R. § 2.206. Petitioner, though, simply sought reconsideration, which the Commission denied.

Petitioner then filed a petition for judicial review in the United States Court of Appeals for the Second Circuit (in New York City). We have moved to dismiss the petition for review on justiciability grounds. If the court of appeals denies or defers our motion, an NRC brief will be due in October.

Sincerely,

/RA/

John F. Cordes, Jr.

Solicitor cc: Representative Rick Boucher

August 22, 2002 The Honorable Sonny Callahan, Chairman Subcommittee on Energy and Water Development Committee on Appropriations United States House of Representatives Washington, DC 20515 RE: Parents Concerned About Indian Point v. NRC, No. 02-4243 (2d Cir., filed June 27, 2002)

Dear Chairman:

This lawsuit challenges the Commissions refusal to reopen a 20-year old proceeding on emergency planning at the Indian Point nuclear power reactors. Petitioner says the proceeding should be reopened in light of the September 11 terrorist attacks. The Commission, in a letter sent by the Office of the Secretary, said that it would not reopen a case closed nearly twenty years ago, and pointed out that petitioner could seek relief, or demand a new proceeding, under 10 C.F.R. § 2.206. Petitioner, though, simply sought reconsideration, which the Commission denied.

Petitioner then filed a petition for judicial review in the United States Court of Appeals for the Second Circuit (in New York City). We have moved to dismiss the petition for review on justiciability grounds. If the court of appeals denies or defers our motion, an NRC brief will be due in October.

Sincerely,

/RA/

John F. Cordes, Jr.

Solicitor cc: Representative Peter J. Visclosky

August 22, 2002 The Honorable Pete Domenici, Chairman Subcommittee on Energy and Water Development Committee on Appropriations United States Senate Washington, DC 20510 RE: Parents Concerned About Indian Point v. NRC, No. 02-4243 (2d Cir., filed June 27, 2002)

Dear Chairman:

This lawsuit challenges the Commissions refusal to reopen a 20-year old proceeding on emergency planning at the Indian Point nuclear power reactors. Petitioner says the proceeding should be reopened in light of the September 11 terrorist attacks. The Commission, in a letter sent by the Office of the Secretary, said that it would not reopen a case closed nearly twenty years ago, and pointed out that petitioner could seek relief, or demand a new proceeding, under 10 C.F.R. § 2.206. Petitioner, though, simply sought reconsideration, which the Commission denied.

Petitioner then filed a petition for judicial review in the United States Court of Appeals for the Second Circuit (in New York City). We have moved to dismiss the petition for review on justiciability grounds. If the court of appeals denies or defers our motion, an NRC brief will be due in October.

Sincerely,

/RA/

John F. Cordes, Jr.

Solicitor cc: Senator Harry Reid

August 22, 2002 The Honorable George V. Voinovich, Chairman Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety Committee on Environment and Public Works United States Senate Washington, DC 20510 RE: Parents Concerned About Indian Point v. NRC, No. 02-4243 (2d Cir., filed June 27, 2002)

Dear Chairman:

This lawsuit challenges the Commissions refusal to reopen a 20-year old proceeding on emergency planning at the Indian Point nuclear power reactors. Petitioner says the proceeding should be reopened in light of the September 11 terrorist attacks. The Commission, in a letter sent by the Office of the Secretary, said that it would not reopen a case closed nearly twenty years ago, and pointed out that petitioner could seek relief, or demand a new proceeding, under 10 C.F.R. § 2.206. Petitioner, though, simply sought reconsideration, which the Commission denied.

Petitioner then filed a petition for judicial review in the United States Court of Appeals for the Second Circuit (in New York City). We have moved to dismiss the petition for review on justiciability grounds. If the court of appeals denies or defers our motion, an NRC brief will be due in October.

Sincerely,

/RA/

John F. Cordes, Jr.

Solicitor cc: Representative Joseph I. Lieberman