ML040500611

Petition to Review License Amendment Application and Reconsideration of Final Decision, Dated 01/22/04

ML040500611
Person / Time
Site:	Millstone
Issue date:	01/22/2004
From:	Hope T, Mackechnie R US Federal Judiciary, Court of Appeals, 2nd Circuit
To:	Connecticut Coalition Against Millstone, NRC/OGC
References
04-0109-ag, 50-336-LA-2
Download: ML040500611 (7)

Text

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT TIHURGOOD MARSHALL U.S. COURT HOUSE 40 FOLEY SQUARE NEW YORK 10007 ROSEANN B. MACKECIINIE CLERK Date: 1/22/04 Docket Number: 04-0109-a2 Short

Title:

Connecticut Coalition v. U.S. Nuclear Regulatory C DC Docket Number: 50-336 LA-2 DC: Nuclear Rerulatorv Commission DC Judge:

Dear Counsel:

Please be advised that a petition to review an order of the MC. in the above-entitled cases has been filed in this court.

A copy of the petition is enclosed herewith.

Please acknowledge receipt of the copy of the petition on the copy of this letter also enclosed and return to me.

Very truly yours, Roseann B. MacKechnie, Clerk By: I n By: Tynetta Hope Deputy Clerk

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT THIURGOOD MARSHALL U.S. COURT HOUSE 40 FOLEY SQUARE NEWYORK 10007 ROSEANN B. MACKECRNIE CLERK Date: 1/22/04 Docket Number: 04-0109-ag Short

Title:

Connecticut Coalition v. U.S. Nuclear Regulatory C DC Docket Number: 50-336 LA-2 DC: Nuclear Reaulatorv Commission DC Judge:

Deputy Clerk: Tynetta Wilder-Hope 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. 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 acknowledgment letter. Please return the enclosed acknowledgment within ten days of the date of this letter with the following information:

YOUR CORRECT ADDRESS, TELEPHONE NUMBER. FAX and E-MAIL: Please check the enclosed attorney listing page of the docket sheet and advise this Court of any incorrect information in writing on the enclosed acknowledgement formn.

THE COURT WILL GIVE NOTICE OR SERVE COPIES OF ORDERS TO ONLY ONE COUNSEL PER PARTY (OR GROUP OF COLLECTIVELY REPRESENTED PARTIES.)

COUNSEL ARE REQUIRED TO DESIGNATE ON THE ATTACHED ACKNOWLEDGEMENT 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.

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 acknowledgement 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.

Enclosures:

USCA Docket Sheet, including Caption Page

Instructions Acknowledgement Form Sincerely, Roseann B. MacKechnie, Clerk Clerk

Date:- 1/22/04 Docket Number: 04-0109-an Short

Title:

Connecticut Coalition v. U.S. Nuclear Regulatory C DC Docket Number: 50-336 LA-2 DC: Nuclear Regulatorv Commission DC Judge:

Dear Tynetta Wilder-Hope,

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 NUMBERZZ! 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)

IN THE R&CEI VED UNITED STATES COURT OF APPEALS - Q1i-6 Pa1 5o30 FOR THE SECOND CIRCUIT U.SU ~C'APPEALS SE~10N~CIRCUIT CONNECTICUT COALITION Docket No. 50-336 LA-2 IIG$S4T R AGAINST MILLSTONE, Petitioner V.

U.S. NUCLEAR REGULATORY JAN 6 2004 COMMISSION, Respondent JANUARY 6, 2004 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 final decision of the U.S.

Nuclear Regulatory Commission by Memorandum and Order dated October 23, 2003 (CLI-03-14), Inthe Matter of Dominion Nuclear Connecticut, Inc. (Millstone Nuclear Power Station Unit No. 2), Docket No. 50-336-LA-2, terminating reactor license amendment proceedings arising from Dominion Nuclear Connecticut, Inc.'s license amendment application dated September 26, 2002 seeking revisions to various technical specifications regarding Millstone Nuclear Power Station Unit 2.

The Intervenor also 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 final decision of the U.S. Nuclear Regulatory Commission by Memorandum of I

t -

Order dated December 18, 2003 (CLI 18) denying the Intervenor's Petition for Reconsideration.

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 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 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, CONNECTICUT COALITION AGAINST MILLSTONE By:

Naincy B @on, Esq.

147 CosHighway Reddi g Ridge CT 06876 Tel. 203-938-3952 Fax 203-938-3168 Fed. Bar No. 10836, ct5550 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 January 6, 2004:

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. Nuclear Regulatory Commission Washington DC 20555-0001 David A. Repka, Esq.

Winston & Strawn 1400 L Street NW Washington DC 20005-3502 Office of General Counsel U.S. Nuclear Regulatory Commission Washington DC 20555-0001 3