ML030840565
| ML030840565 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 03/07/2003 |
| From: | Mackechnie R US Federal Judiciary, Court of Appeals |
| To: | Mullins C NRC/OGC |
| References | |
| 03-4372, 50-423-LA-3 | |
| Download: ML030840565 (11) | |
Text
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT UNITED STATES COURT HOUSE 40 FOLEY SQUARE NEW YORK 10007 ROSEANN B. MACKECHNIE CLERK Docketing Letter - Agency Petition For Review DATE: March 7, 2003 Charles E. Mullins, Esq.
Nuclear Regulatory Commission Office of General Counsel 1 White Flint N.
11555 Rockville Pike Rockville, MD 20852 Re: 03-4372 Connecticut Coalitio v. NRC Agency No: 50-423 LA-3 Deputy Clerk: Michael Adragna Telephone:(212) 857-8544
Dear Counsel:
We have today docketed a petition for review filed by Connecticut Coalition Against Millstone in the above referenced case as docket number 03-437 This docket number must appear on all documents related to this case which are submitted to this Court.
Enclosed are a copy of our docket sheet including the caption page, and instructions regarding the filing and processing of an appeal in this Court.
Also enclosed is an acknowlegement letter.
Please return the enclosed acknowledgement within ten days of the date of this letter with the following information:
YOUR CORRECT ADDRESS AND TELEPHONE NUMBER: Please check the enclose attorney listing page of the docket sheet and advise this Court of any incorrect information in writing on the enclosed acknowledgement form.
THE COURT WILL GIVE NOTICE OF SERVE COPIES OR ORDERS TO ONLY ONE COUNSEL PER PARTY (OR GROUP OF COLLECTIVELY REPRESENTED PARTIES.)
COUNSEL ARE REQUIRED TO DESIGNATE ON THE ATTACHED ACKNOWLEGDEMENT LETTER A LEAD ATTORNEY TO ACCEPT ALL NOTICE FROM THIS COURT IN THIS APPEAL, WHO WILL, IN TURN, BE RESPONSIBLE FOR NOTIFYING ANY ASSOCIATED COUNSEL.
CAPTION: Attached is the full caption in this matter.
Please review this attachment carefully and promptly advise this Court of any discrepancies in writing on the enclosed acknowledgement form.
Page No.
APPELLATE DESIGNATIONS: Please review whether your client is correctly listed as petitioner or respondent in the party listing page of the docket sheet and in the caption.
Should you believe there is an error, please advise in writing on the acknowlegement form. Timely submission of the acknowledgment form will be constituted as compliance with the requirement to file a Representation Statement set forth in Rule 12(b) of the Federal Rules of Appellate Procedure.
Please read the enclosed instructions.
If you have any questions with regard to this pending appeal, please call the Deputy Clerk whose name is given above.
Sincerely, ROSEANN B.
MACKECHNIE, CLERK
Enclosures:
USCA Docket Sheet, including Caption Page Instructions Acknowledgement Form 2
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,Vithin the five-mile emergency evacuation zone I
of the Millstone Nuclear Power Station and former employees of the Millstone Nuclear Power Station, was admitted as an intervening party in the licensing proceedings below. The Conneceicut 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,"rton, Esq.
147 C(.ts 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 Washhjgton 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. Nuclear Regulatory Commission Washington DC 20555-0001 David A. Repka, Esq Winsi in & Strawn 1400 L Street NW Washington DC 20005-3502 Ann P. Hodgdon, Esq.
Office of General Counsel U.S. Nuclear Regulatory Commission Washington DC U.0555-0001 3
I.
ACKNOWLEDGEMENT LETTER - AGENCY CASE Return this letter to Court within 10 days of date of docketing letter.
Re: 03-4372 Connecticut Coalitio v.
NRC
Dear Michael Adragna,
Deputy Clerk:
This is to acknowledge receipt of your docketing letter in the above case.
I acknowledge that I am the (Lead) attorney of record for:
My NAME, ADDRESS and PHONE NUMBER on your court records is:
Correct Incorrect.
Please amend your record as follows:
Name:
Firm:
Address:
Telephone:
The CAPTION as indicated is:
Correct.
Incorrect.
See attached caption page WITH CORRECTIONS.
The APPELLATE DESIGNATION (Petitioner or Respondent) assigned to my client is:
Correct.
Incorrect.
My client(s):
Should be listed as:
Incorrect.
My clients do not wish to participate in this appeal.
I have read the instructions enclosed with the docketing letter.
Sincerely, (Signature and Print Name)
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT UNITED STATES.COURT HOUSE "40 FOLEY SQUARE NEW YORK 10007 ROSEANN B. MACKECHNIE CLERK Date: March 7, 2003 To:
Charles E. Mullins, Esq.
Nuclear Regulatory Commission Office of General Counsel 1 White Flint N.
11555 Rockville Pike Rockville, MD 20852 Re: Connecticut Coalitio v.
NRC USCA Docket No: 03-4372 AGENCY No: 50-423 LA-3
Dear Counsel:
Please be advised that a petition to review an order of the NRC has been filed in this court.
A copy of the petition is enclosed herewith.
ROSEANN B.
MACKECHNIE, Clerk By:
Michael Adragna Deputy Clerk, USCA Enclosures
GENERAL DOCKET FOR Second Circuit Court of Appeals Filed: 2/18/03 Court of Appeals Docket #: 03-4372 Nsuit:
0 Connecticut Coalitio v.
NRC Appeal from: Nuclear Regulatory Commission Case type information:
- 1) Agency
- 2) petition for review
- 3) none Lower court information:
District: 0090-01: 50-423 LA-3 Date Filed: **/**/**
Date order/judgment: **/**/**
Date NOA filed: **/**/**
Fee status: paid Prior cases:
None Current cases:
None Panel Assignment:
Docket as of March 7, 2003 8:43 am INDIV SB 4
Page 1
Proceedings include all events.
e3-4'72 Connecticut Coalitio v.
NRC CONNECTICUT COALITION AGAINST MILLSTONE Petitioner Nancy Burton, Esq.
203-938-3952
[COR LD NTC ret]
Law Office of Nancy Burton, Esq.
147 Cross Hwy.
Redding Ridge, CT 06876 V.
UNITED STATES NUCLEAR REGULATORY COMMISSION Respondent Charles E. Mullins, Esq.
301-415-1618
[COR LD NTC ret]
Nuclear Regulatory Commission Office of General Counsel 1 White Flint N.
11555 Rockville Pike Rockville, MD 20852 Docket as of March 7, 2003 8:43 am INDIV SB 4
Page 2
Proceedings include all events.
03-4'372 Connecticut Coalitio v.
NRC Official Caption 1/
Docket No.
[s] :
03-4372 CONNECTICUT COALITION AGAINST MILLSTONE, Petitioner, V.
UNITED STATES NUCLEAR REGULATORY COMMISSION, Respondent.
Authorized Abbreviated Caption 2/
Docket No.
[s] :
03-4372 Connecticut Coalition v.
NRC 1/ Fed.
R.
App.
P. Rule 12 [a] and 32
[a).
2/
For use on correspondence and motions only.
Docket as of March 7, 2003 8:43 am INDIV SB 4
Page 3
INDIV SB 4
P3rocpedifigs include all events.
03-4-372 Connecticut Coalitio v.
NRC 2/18/03 Case Docketed: Petition for review of agency order on behalf of Petitioner Connecticut Coal filed. [03-4372]
(ag4l) 2/18/03 Copy of receipt re: payment of docketing fee filed on behalf of Petitioner Connecticut Coal.
Receipt #: 168040.
[03-4372)
(ag4l) 2/18/03 Copy of agency decision and order dated January 30, 2002 filed. [03-4372]
(ag4l) 2/18/03 Petitioner Connecticut Coal Form C/A filed, with proof of service.
[03-4372]
(ag4l) 3/7/03 Served copy of petition under cover letter on respondent.
(ag4l)
Docket as of March 7, 2003 8:43 am Page 4