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Category:Legal-Correspondence
MONTHYEARML22222A0872022-08-10010 August 2022 Stations, Units 1 & 2, Amended and Restated Master Decommissioning Trust Agreement ML21099A0462021-04-0808 April 2021 4-8-21 Docketing Statement (DC Cir.)(Case No. 21-1084) ML21099A0492021-04-0808 April 2021 Nonbinding Statement of Issues (DC Cir.)(Case No. 21-1084) ML21097A2272021-04-0707 April 2021 4-7-21 F.R.A.P 26.1 Corporate Disclosure Statement (DC Cir.)(Case No. 21-1080) ML21097A2292021-04-0707 April 2021 4-7-21 Docketing Statement (DC Cir.)(Case No. 21-1080) ML21097A2282021-04-0707 April 2021 4-7-21 Nonbinding Statement of Issues (DC Cir.)(Case No. 21-1080) ML21097A0252021-03-12012 March 2021 3-12-21 Amended Petition for Review (DC Cir.)(Case No. 21-1084) ML21054A3122021-02-19019 February 2021 Entry of Appearance (DC Cir.)(Case No. 21-1037) ML21029A1172021-01-28028 January 2021 1-28-21 Notice of Docketing (DC Cir.)(Case No. 21-1037) ML21029A1282021-01-28028 January 2021 Entry of Appearance (DC Cir.)(Case No. 21-1037) ML21029A1102021-01-22022 January 2021 1-22-21 Petition for Review (DC Cir.)(Case No. 21-1037) ML17065A0302017-04-13013 April 2017 OEDO-16-00411: Final Director'S Decision DD-17-01 Under 10 CFR 2.206 in the Matter of Entergy Nuclear Operations, Inc., Et Al ML16193A3522016-06-23023 June 2016 Friends of the Earth Reply to Mandamus Petition (DC Cir) 06-23-2016 ML15317A5312015-11-13013 November 2015 NYS Cover Letter ML14093A1852014-03-31031 March 2014 New York State Department of State File #F-2012-1028 Consistency Certification for Entergy Nuclear Indian Point 2 and Entergy Nuclear Indian Point 3 License Renewal Application ML14056A3972014-02-14014 February 2014 from Robert Brodsky to Nrc/Ogc Brodsky Remand Brief Full ML13199A0232013-01-0707 January 2013 Brodsky V. U.S. Nuclear Regulatory Commission ML12343A0272012-12-0707 December 2012 NRC Staff Pre-Filed Evidentiary Hearing Exhibit NRCR20015, NRC Staff'S Statement of Position Concerning Contention NYS-5 (Buried Pipes and Tanks), Revised ML11346A0102011-12-0101 December 2011 Clearwater Inc'S Mandatory Witness Disclosure Update Pursuant to CFR Section 2.336 and Letter ML11243A1092011-08-31031 August 2011 2011/08/31 - Indian Point - Letter to Atomic Safety and Licensing Board, NRC Staff Has Issued Supplement 1 to the Safety Evaluation Report Related to the License Renewal of Indian Point Nuclear Generation Unit No. 2 & 3 (SER) ML11230B3542011-08-18018 August 2011 Letter to Indian Point License Renewal Board Re Status of SER Supplement ML11220A3482011-07-29029 July 2011 Hudson River Sloop Clearwater, Inc'S Mandatory Disclosure Update Pursuant to 10CFR2.336 ML11208C3092011-07-27027 July 2011 Indian Point - Letter from Sherwin Turk to Licensing Board ML11195A1262011-07-14014 July 2011 Indian Point - Letter from Sherwin Turk to the Licensing Board, Advising That Consultations Between NMFS, the Staff and the Applicant Have Been Extended ML11182B0242011-07-0101 July 2011 Indian Point - Letter to ASLB ML11181A3792011-06-30030 June 2011 06/30/2011 Indian Point License Renewal - Letter to Aslb Re Adoption of Electronic Information Exchange ML11152A1292011-05-27027 May 2011 State of New York Supports NRC Staff'S Suggestion That the ASLB Convene a Conference to Discuss Potential Impacts on the Schedule for Filing Testimony ML11159A2362011-05-26026 May 2011 2011/05/26-New York State Department of Environmental Conservation Comments on the NRC Staff'S Final Supplemental Environmental Impact Statement for the License Renewal of Indian Point Units 2 and 3, Buchanan, New York ML11146A1662011-05-26026 May 2011 License Renewal - Letter to Aslb Regarding SER Supplement ML11146A0772011-05-25025 May 2011 Indian Point - Ltr to ASLB Frm S. Turk ML11146A0582011-05-25025 May 2011 Indian Point - Ltr to J. Dean from S. Turk ML11136A1932011-05-13013 May 2011 Indian Point - Letter to Atomic Safety and Licensing Board ML11133A1092011-05-12012 May 2011 Indian Point - Letter to Licensing Board ML11133A1122011-05-12012 May 2011 Indian Point - Corrected Log Supplement 26 Hearing File - Transmittal Letter ML11117A1892011-04-19019 April 2011 Submittmal of Declaration of Dr. Arjun Makhijani in Support of Emergency Petition to Suspend All Pending Reactor Licensing Decisions & Relating Rulemaking Decisions Pending Investigation of Lessons Learned from Fukushima Daiichi Nuclear ... ML1112404372011-03-18018 March 2011 State of New York'S Combined Reply to NRC Staff and Entergy'S Answers to Contention 12-C Concerning NRC Staff'S December 2010 Feis and the Underestimation of Decontamination and Clean Up Costs Associated with a Severe Reactor Accident in Ny ML1107701442011-03-0404 March 2011 Hudson River Sloop Clearwater, Inc.'S, Urgent Request for Extension of Time to Reply to NRC Staff and Entergy'S Answer to Amended Environmental Justice Contention ML1107000512011-03-0303 March 2011 Hudson River Sloop Clearwater, Inc.'S Request for Extension of Time and Answer in Support of New York State'S Analysis of Alternatives Contention ML1034908202010-12-15015 December 2010 Indian Point - Letter to ASLB ML1036203112010-12-10010 December 2010 City of New York Requests That the Contact Information for Michael Delaney as Its Representative in the Matter of Entergy Nuclear Operations, Inc., Be Updated to Reflect New Address ML1032104242010-10-25025 October 2010 Contact Information Change ML1028507462010-10-12012 October 2010 NRC Staff Letter to Ny State on Contention 35 and 36 ML1025304342010-09-0101 September 2010 Notification of Change in Business Address for Riverkeeper ML1023001472010-08-12012 August 2010 State of New York'S Request for Oral Argument on the Merits of Entergy and Staff'S Appeal Should the Commission Accept Interlocutory Review ML1023103252010-08-10010 August 2010 Entergy Nuclear Operations Inc. (Indian Point Nuclear Generating Units 1 & 2), Notification of Entergy'S Submittal Regarding Completion of Commitment 33 for Indian Point Units 2 & 3 ML1025304352010-07-27027 July 2010 Notification of Change in Business Address for Manna Jo Greene, Environmental Director, Hudson River Sloop Clearwater, Inc ML1020301202010-07-15015 July 2010 Notification of Entergy'S Submittal of the Reactor Vessel Internals Program for Indian Point Units 2 & 3 ML1017301812010-06-16016 June 2010 2010/06/16-Entergy's Comments on the Draft Scheduling Order for the IPEC License Renewal Proceeding ML1014701752010-05-27027 May 2010 2010/05/27-Indian Point - Letter to Aslb Attaching a Revised Schedule for the Staff'S Review of the Indian Point Units 2 and 3 License Renewal Application ML1013106012010-05-0404 May 2010 2010/05/04-Pre-Hearing Litigation Milestone Events on Proposed Dates, License Renewal Application for Indian Point Units 2 & 3 2022-08-10
[Table view] Category:Legal-Correspondence/Maintenance
MONTHYEARML0417503332004-06-10010 June 2004 G20040419/LTR-04-0388 - Ltr. Nancy Yatten Borough of Tenafly Resolution R04-167 Regarding Concerns of Terrorists Focusing on Nuclear Power Plants, Resolution Urging the Commission to Close Indian Point NL-04-026, Entergy Nuclear Operations, Inc., Indian Point Nuclear Generating Stations 2 and 3, Answer to February 20, 2004 Revised NRC Order Regarding Interim Inspection Requirements for Reactor Pressure Vessel Heads2004-03-11011 March 2004 Entergy Nuclear Operations, Inc., Indian Point Nuclear Generating Stations 2 and 3, Answer to February 20, 2004 Revised NRC Order Regarding Interim Inspection Requirements for Reactor Pressure Vessel Heads ML0406805862004-02-24024 February 2004 Riverkeeper, Inc. Vs Collins - District Courts Decision Dismissed ML0329703392003-10-15015 October 2003 Letter Requesting Availability for Oral Argument, Dated October 15, 2003 ML0329703452003-09-22022 September 2003 Letter to Court of Appeals Enclosing Brief of Petitioner, Dated September 22, 2003 ML0327213022003-09-12012 September 2003 Declaration of Karl Coplan in Response to Federal Respondents Motion to Dismiss, Dated 09/12/03 ML0323906202003-08-18018 August 2003 Request to Remove Supplemental Reports from the Amicus Briefs, Dated 08/18/03 ML0323003892003-08-0505 August 2003 Letter to Court Informing of Additional Staff Names, Dated 08/05/03 ML0325102492003-08-0202 August 2003 Nrc'S Motion to Dismiss Petition for Review for Lack of Jurisdiction Referred to Merits Panel, Dated 08/28/03 ML0323800212003-07-30030 July 2003 Motion for Leave to File Memorandum in Opposition to Respondent'S Motion to Dismiss, Dated 07/30/03 ML0319900412003-07-0707 July 2003 Oral Argument, Dated July 7, 2003 ML0417602742003-06-18018 June 2003 Petitioner'S Comments to the Commission'S Draft Decision Petitioner'S Section 2.206 Request for Review of Indian Point Energy Center Units 2 and 3 ML0318903502003-06-16016 June 2003 Letter Enclosing Utility Respondents' Response in Support of Federal Respondents' Motion to Dismiss, Dated June 16, 2003 ML0318903342003-06-16016 June 2003 Memorandum in Opposition to Federal Respondents' Motion to Dismiss, Dated June 16, 2003 ML0316007882003-05-21021 May 2003 Court'S Notification of Temporarily Retention of Certified Index of Record, Dated 5/21/03 ML0319005622003-05-15015 May 2003 Joint Appendix: Volume 1 of 3 ML0319103122003-05-15015 May 2003 Joint Appendix: Volume 3 of 3 ML0307806992003-02-12012 February 2003 Pre-Argument Statement, Dated February 12, 2003 ML0307806912003-02-12012 February 2003 Amended Petition for Review, Dated February 12, 2003 ML0307806732003-02-10010 February 2003 Petition for Review, Dated February 11, 2003 ML0318903582002-11-18018 November 2002 Special Appendix, Dated November 18, 2002 ML0224703532002-08-22022 August 2002 Response of Proposed Intervenors to Respondents' Motions to Suspend Briefing Schedule for Consideration of Motion to Dismiss & Motion to Dismiss ML0224006402002-08-21021 August 2002 Letter from L. Michael Rafky to the Licensing Board Informing That Entergy Does Not Intend to Submit Written Filings in This Proceeding Prior to the Scheduled August 27, 2002 Prehearing Conference ML0311504372002-08-20020 August 2002 Letter from Jared K. Heck to Administrative Judges Informing That the NRC Staff Does Not Intend to File an Answer to Contentions by the August 22, 2002, Deadline, But Will Respond to Riverkeeper'S Petition for Intervention and Subsequent Fi ML0303706392002-08-14014 August 2002 Respondents' Motion to Dismiss, Dated August 14, 2002 ML0319005362002-08-0909 August 2002 Joint Appendix: Volume 2 of 3 ML0222101582002-08-0505 August 2002 Letter from Sara E. Brock to Administrative Judges Re Entergy'S Amendment Request for a one-time Change to the Technical Specification Surveillance Requirement 4.4.A.3 to Revise the Frequency of the Containment Integrated Leak Rate Test ML0303706572002-07-26026 July 2002 Letter to R. Mackechnie, U.S. Court of Appeals, Dated July 26, 2002, Acknowledging Court'S Docketing Letter and Certified Index of Record ML0218406022002-06-0404 June 2002 Letter from the Secretary to the Parents Concerned About Indian Point Denying That Organization'S Motion for Reconsideration of the Secretary'S 3/28/2002 Denial of the Organization'S Petition to Reopen the Record ML0212203602002-05-0202 May 2002 5/2/2002 - Letter to Administrative Judges, Correcting Error in Footnote 8 on Page 7 of the Filing Lists for NRC Staff'S Response to Riverkeeper, Inc.'S for Leave to Intervene and Request for a Hearing ML0527001922002-04-0101 April 2002 Letter from Janice E. Moore to Annette Vietti-Cook Regarding the Petition for Leave to Intervene and Request for Hearing Filed by the Pace Environmental Litigation Clinic, Inc. on Behalf of Riverkeeper, Inc ML0218405662002-03-28028 March 2002 Letter from the Secretary to the Parents Concerned About Indian Point Denying That Organization'S Petition to Reopen the Record Concerning the Indian Point Emergency Evacuation Plan ML0226805752002-03-16016 March 2002 Summons Issued to NRC by Us District Court for Southern New York in Matter of Case No. 02 Cv 2474 Re Request That Commission & Commisioners Promulagate & Enforce Regulations for Installation of Appropriate Technology to Protect Nuclear Powe 2004-06-10
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UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Thurgood Marshall U.S. Courthouse at Foley Square 40 Centre Street, New York, NY 10007 Telephone: 212-857-8500 MOTION INFORMATION STATEMENT Caption fuse short titlel Docket Number(s): 03-4313 Riverkeeper, Inc.
Motlou for: Leave to File opposition to Motion v.
To Dismiss Set forth below precise, complete statement of relief sought: Samuel J. Collins, Director, Office Amicus Curiae is seeking permission to of Nuclear Reactor Regulation, et al.
file bripf in anroxitinn to Rpondgnt-'i Motion to Dismiss.
AVCorney eneral MOVING PARTY: Richard Blumenthal OPPOSING PARTY: .
- Plaintiff 0 Defendant X Amicus Curiae o Appellant/Petitioner 3 Appellee/Respondent MOVING ATTORNEY: RrFor qngY*, OPPOSING ATTORNEY [Name]:
Jname of attorney, with firm, address, phone number and c-mail] [name of attorney, with firm, address, phone number and e-mail]
Robert Snook, Assistant Attorney General Office of the Attorney General 55 rim .Rtr>ppt RArifnr -P (n1A(
860 808-5020 KPDDjI=gUAgency appealed from: Nuclear Regulatory Commission Please check appropriate boxes: FOR EMERGENCY MOTIONS, MOTIONS FOR STAYS AND INJUNCTIONS PENDING APPEAL:
Has consent of opposing counsel: Has request for reliefbeen made below? D Yes No A. been sought? a Yes No B. been obtained? D Yes K No Has this relief been previously sought in this Court? 0 Yes No Is oral argument requested? 1 Yes JR No (requests for oral argument will not necessarily be granted) Requested return date and explanation of emergency:
Has argument date of appeal been set? 3 Yes No If yes, enter date Sign 7ik~ttu Date: 7/30/2003 Has service been effected? 0 Yes No
[Attach proof of service)
ORDER IT IS HEREBY ORDERED THAT the motion is GRANTED DENIED.
FOR THE COURT:
ROSEANN B. MacKECHNIE, Clerk of Court Date: By:
Form T-1080 (Revised 10/31/02).
's UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT RIVERKEEPER, INC. NO. 03-4313 V.
SAMUEL J. COLLINS, DIRECTOR, OFFICE OF NUCLEAR REACTOR REGULATION, ET AL., July 30,2003 MOTION FOR LEAVE TO FILE MEMORANDUM IN OPPOSITION TO RESPONDENT'S MOTION TO DISMISS Pursuant to Federal Rule of Appellate Procedure 27(a), amicus curiae, Richard Blumenthal, Attorney General of the State of Connecticut, files this motion seeking leave to file a memorandum in opposition to the Respondent's motion to dismiss in the above-captioned matter.
Background
The amicus curiae brings this motion in his capacity as the chief legal officer representing the legal interests of the State of Connecticut and its residents. The underlying appeal involves a challenge to the emergency planning and response procedures at the Indian Point Energy Center, a nuclear power station in Buchanan, New York. Pursuant to federal law and regulation, these emergency planning procedures affect both an immediate 10-mile radius planning zone around the facility and a further separate 50-mile radius ingestion pathway zone. The 50-mile radius zone includes substantial portions of the State of Connecticut, including its
largest city, Bridgeport, and its most populous county, Fairfield. Furthermore, the movement of evacuees from the more limited 10-mile zone would also directly impact the transportation network in and around southwestern Connecticut.
Therefore, because the Indian Point emergency plans affect significant portions of the State of Connecticut, including Fairfield County, the Attorney General, individually, and in his capacity as chief legal officer of the state, has filed a brief as amicus curiae in order to inform the Court of the position of the State in this matter.
On June 3, 2003, counsel for the Respondent, United States Nuclear Regulatory Commission ("NRC"), filed a motion to dismiss the underlying appeal for lack ofjurisdiction. On June 16, 2003, the Petitioner, Riverkeeper, Inc., filed a memorandum in opposition.
The Attorney Generals' Memorandum Will be of Assistance to the Court The amicus curiae seeks leave to file a memorandum in opposition to the motion to dismiss in order to support the jurisdiction of the Court in this matter.
Specifically, the NRC has claimed that, pursuant to the tenns of 10 C.F.R. Section 2.206, the actions requested below by Riverkeeper are committed to the discretion of the agency and, as such, any review thereof is beyond the jurisdiction of this Court. In support of there argument, NRC relies on the case of Hecker v. Chaney, 470 U.S. 821 (1985).
2
The Respondent's claim fails for several reasons, as detailed in the memorandum in opposition. On the one hand, Chaney itself makes clear that even wholly discretionary administrative acts are reviewable if, as here, the claim is that the agency abdicated its statutory responsibilities. Beyond this, however, the NRC's assertion that its decision is discretionary is based solely on the code of federal regulations, not on a grant of statutory authority. Chaney is clear that only when Congress has committed enforcement authority solely to the discretion of the agency by statute can the federal judiciary be divested of jurisdiction. Obviously, any rule that permits agencies to remove their decision-making process beyond the power of the federal courts by merely adopting a regulation would have far-reaching and extremely negative effect on the ability of the public to seek independent scrutiny of the actions of government officials.
The amicus, as attorney general, is often obligated to both appear before, and on occasion defend, the actions of administrative agencies. As such the amicus brings a unique viewpoint to this very important question ofjurisdiction.
3
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Conclusion For the foregoing reasons, the Attorney General seeks leave to file the attached memorandum in opposition to Respondent's motion to dismiss.
RICHARD BLUMENTHAL AT7ORNEY GE RAL BY:
1obert . Snook Assistant Attorney General Federal Bar No. ctl0897 55 Elm Street P.O. Box 120 Hartford, CT 06141-0120 Tel: (860) 808-5020 Fax: (860) 808-5347 Robert.Snookgpo.state.ct.us 4
Certificate of Service Pursuant to Rule 25(d)(2) of the Federal Rules of Appellate Procedure, I hereby certify that on this 30 day of July, 2003, the original and 9 copies of the foregoing were filed in accordance with Rule 25(a)(2)(B(ii) to Roseann B.
MacKechnie, Clerk, Second Circuit Court of Appeals, 40 Foley Square, New York, New York 10007.
I further certify that seven copies of the foregoing were delivered to the following counsel of record:
Karl Coplan Pace Environmental Litigation Clinic, Inc.
78 N. Broadway White Plains, NY 10603 Tel: (914) 422-4143 William A. Isaacson Boies, Schiller & Flexner 5301 Wisconsin Avenue, Suite 800 Washington, DC 20015 Tel: (202) 237-2727 John Fulton, Esq.
Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Jay E. Silberg Matia F. Travieso-Diaz Paul A. Gaukler Shaw Pittman, LLP 2300 N Street, NW Washington, DC 20037 Tel: (202) 663-8000 5
J. Michael McGarry, III, Esq.
Katheryn M. Sutton, Esq.
Brooke D. Poole, Esq.
L. Michael Rafky, Esq.
Winston & Strawn 1400 L Street, NW Washington, DC 20005-3502 Tel: (202) 371-5700 Sara E. Brock, Esq.
Catherine L. Marco, Esq.
Office of the General Counsel Mail Stop 15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 John Ashcroft United States Attorney General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 Tel: (202) 353-1555 Robert D. Snook Assistant Attorney General 6