ML040560203

From kanterella
Jump to navigation Jump to search
Petition for Review, Dated 01/06/2004
ML040560203
Person / Time
Site: Millstone Dominion icon.png
Issue date: 01/06/2004
From: Burton N
Connecticut Coalition Against Millstone
To:
Office of Nuclear Reactor Regulation, US Federal Judiciary, Court of Appeals, 2nd Circuit
References
04-0109, 50-336-LA-2, CLI-03-14, CLI-03-18
Download: ML040560203 (3)


Text

IN THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT CONNECTICUT COALITION Docket No. 50-336 LA-2 AGAINST MILLSTONE, Petitioner

v. cL O'{=-o(V9 U.S. NUCLEAR REGULATORY 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), In the Matter of Dominion Nuclear Connecticut, Inc. (Millstone Nuclear Power Station Unit No. 2),-Docket No. 50-336-LA-29 terminatingyeactor 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 1

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: 41 A--

Nancy rton,-Ec-147 Cross Highway Redding.Ridge CT 06876 Tel. 203-938-3952 Fax 203-938-3168 Fed. Bar No. 10836, ct5550 2

^ - C 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