ML030840553

Petition for Review, Dated February 18, 2003

ML030840553
Person / Time
Site:	Millstone
Issue date:	02/18/2003
From:	Burton N Connecticut Coalition Against Millstone
To:	Office of Nuclear Reactor Regulation, US Federal Judiciary, Court of Appeals, 2nd Circuit
References
50-423-LA-3, CLI-02-22
Download: ML030840553 (3)

Text

IN THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT CONNECTICUT COALITION . Docket No. 50-423 LA-3 AGAINST MILLSTONE, Petitioner V.

U.S. NUCLEAR REGULATORY COMMISSION, Respondent . FEBRUARY 18, 2003 PETITION FOR REVIEW The Intervenor, Connecticut Coalition Against Millstone, hereby petitions this Court, pursuant to 28 U.S.C. Sections 2342 and 2344 and Rule 15(a) of the Federal Rules of Appellate Procedure, to review the decision of the U.S. Nuclear Regulatory Commission by Memorandum and Order dated November 21, 2002 (CLI-02-22), In the Matter of Dominion Nuclear Connecticut, Inc. (Millstone Nuclear Power Station Unit No. 3, Facility Operating license NPF-49), Docket No. 50-423-LA-3, terminating reactor license amendment proceedings arising from Northeast Nuclear Energy Company's ("NNECO") request, dated March 19, 1999, to increase the storage capacity of the spent fuel pool at the Millstone Unit No. 3 reactor through the use of high-density storage racks.

This Court has jurisdiction of this matter pursuant to 28 U.S.C. Section 2342.

Venue lies in the Second Circuit pursuant to 28 U.S.C. Section 2343.

The Connecticut Coalition Against Millstone, an organization of statewide safe energy groups, families residing within the five-mile emergency evacuation zone I

of the Millstone Nuclear Power Sation and former employees of the Millstone Nuclear Power Station, was admitted as an intervening party in the licensing proceedings below. The Connecticut Coalition Against Millstone submits that the U.S. Nuclear Regulatory Commission decision was contrary to law, was not supported by substantial evidence and was arbitrary and capricious. The Connecticut Coalition Against Millstone requests a declaration that the Commission's action was unlawful, an order to convene an evidentiary hearing and any other appropriate relief.

Respectfully submitted, Nancy B on, Esq.

147 Cr Highway Redding Ridge CT 06876 Tel. 203-938-3952 Fax 203-938-3168 2

CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Petition for Review has been served on the following via U.S. Mail, postage pre-paid, on February 18, 2003:

U.S. Nuclear Regulatory Commission Washington DC 20555-0001 Office of the Secretary ATTN: Rulemaking and Adjudication Staff U.S. Nuclear Regulatory Commission Washington DC 20555-0001 Office of Commission Appellate Jurisdiction U.S. Nuclear Regulatory Commission Washington DC 20555-0001 Atomic Safety and Licensing Board Panel U.S. !uclear Regulatory Commission Washington DC 20555-0001 David A. Repka, Esq.

Winston & Strawn -,, O &- 1 -r7,yv" 1400 L Street NW Washington DC 20005-3502 Ann P. Hodgdon, Esq.

Office of General Counsel U.S. Nuclear Regulatory Commission Washington DC,0555-0001 d

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