ML040560226

Motion for Leave to Intervene for Dominion Nuclear Connecticut, Inc. Dated 01/23/2004

ML040560226
Person / Time
Site:	Millstone
Issue date:	01/23/2004
From:	Repka D Dominion Nuclear Connecticut, Winston & Strawn, LLP
To:	Mackechnie R Office of Nuclear Reactor Regulation, US Federal Judiciary, Court of Appeals, 2nd Circuit
References
04-0109
Download: ML040560226 (9)

Text

WINSTON & STRAWN LLP 35 WEST WACKER DRIVE 1400 LSTREET, N.W. 333 SOUTH GRAND AVENUE CHICAGO. ILLINOIS 60601-9703 WASHINGTON, D.C. 200054502 LOS ANGELES, CALIFORNIA 90071-1543 43 RUE DU RHONE 200 PARK AVENUE 1204 GENEVA, SWITZERLAND (202) 371-5700 NEW YORK, NEW YORK 10168-4193 CITY POINT FACSIMILE (202) 371 5950 21 AVENUE VICTOR HUGO I ROPEMAKER STREET 75116 PARIS, FRANCE LONDON. EC2Y ONT wLON.wdnstofmcom 101 CALIFORNIA STREET SAN FRANCISCO. CALIFORNIA 04111.5894 DAVID A. REPKA (202) 371-5726 drepkavwinston.com January 23, 2004 BY FEDERAL EXPRESS Roseann B. MacKechnie, Clerk U.S. Court of Appeals for the Second Circuit Thurgood Marshall United States Courthouse 40 Foley Square New York, NY 10007 Re: Motion for Leave to Intervene for Dominion Nuclear Connecticut. Inc., Case No. 04-0109

Dear Ms. MacKechnie:

Pursuant to Federal Rules of Appellate Procedure 15(d), 26.1 and 27 and Local Rule 27, please find enclosed for filing an original and four (4) copies of Dominion Nuclear Connecticut, Inc.'s ("DNC") Motion for Leave to Intervene in Case No. 04-0109, as well as four (4) copies of DNC's Corporate Disclosure Statement.

You will also find enclosed a duplicate copy of DNC's Motion for Leave to Intervene and Corporate Disclosure Statement. Please date-stamp this copy and return it in the enclosed self-addressed, stamped envelope. Thank you for your assistance in this matter.

Respectfully submitted, David A. Repka Counsel for Dominion Nuclear Connecticut, Inc.

Enclosures DC:340S92.1

January 23, 2004 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

)

Connecticut Coalition Against Millstone, )

Petitioner, )

)

v. )

)

U.S. Nuclear Regulatory Commission, ) No. 04-0109 Respondent, )

)

and )

)

Dominion Nuclear Connecticut, Inc., )

Proposed Intervenor. )

MOTION OF DOMINION NUCLEAR CONNECTICUT, INC.

FOR LEAVE TO INTERVENE Pursuant to Rule 15(d) of the Federal Rules of Appellate Procedure, Dominion Nuclear Connecticut, Inc. ("DNC") hereby moves for leave to intervene as a party respondent in the captioned proceeding. In support of its motion, DNC states:

1. Petitioner Connecticut Coalition Against Millstone ("CCAM")

is seeking review of one or more decisions of the Nuclear Regulatory Commission

("NRC" or "Commission"). Specifically, CCAM cites two decisions arising from

a single NRC administrative proceeding: (a) the Commission's Memorandum and Order CLI-03-14, issued on October 23, 2003, and (b) the Commission's Memorandum and Order CLI-03-18, issued on December 18, 2003, in the Matter of Dominion Nuclear Connecticut. Inc. (Millstone Nuclear Power Station, Unit 2),

Docket No. 50-336-OLA-2, denying reconsideration of the first decision.

2. DNC is the majority owner and the operator of the Millstone Power Station. More specifically, DNC is the sole owner and the NRC-licensed operator of Millstone Unit 2, which is the subject of the administrative proceeding and Commission decisions cited by CCAM. DNC was the party in interest in this NRC licensing matter and fully participated in the proceedings before the NRC.

3. The Commission's decisions relate, to an operating license amendment for Millstone Unit 2 applied for by DNC. This license amendment supports safe and efficient operations and movement of spent nuclear fuel at the Millstone plant. DNC's operations would be directly implicated by any adverse action of this Court with respect to the license amendments at issue. Although the NRC is a Respondent with respect to the CCAM petition for review, DNC has a separate interest apart from the regulatory interests of the NRC.

4. The license amendment would allow certain changes to Millstone Unit 2 Technical Specifications - operating restrictions that are NRC license conditions. The changes are based on NRC regulations and recent 2

revisions to NRC regulatory guidance. The changes reflect state of the art methodologies and improve operational efficiency.

5. Counsel for both the Petitioner CCAM and the Respondent NRC have authorized DNC to state that their clients do not oppose DNC's intervention in this matter.

Wherefore, DNC requests that it be granted leave to intervene as a party respondent in the captioned proceeding.

Respectfully submitted, Lillian M. Cuoco, Esq. David A. Repka, Esq.

DOMINION RESOURCES WINSTON & STRAWN LLP SERVICES, INC. 1400 L Street, N.W.

Millstone Power Station Washington, DC 20005-3502 Rope Ferry Road (202) 371-5700 Waterford, CT 06385 ATTORNEYS FOR PROPOSED INTERVENOR DOMINION NUCLEAR CONNECTICUT, INC.

Dated in Washington, District of Columbia this 23rd day of January 2004 3

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Connecticut Coalition Against Millstone, )

Petitioner, )

)

v. )

)

U.S. Nuclear Regulatory Commission, ) No. 04-0109 Respondent, )

)

and )

• )

Dominion Nuclear Connecticut, Inc., )

Proposed Intervenor. )

CORPORATE DISCLOSURE STATEMENT Pursuant to Rule 26.1 of the Federal Rules of Appellate Procedure, Dominion Nuclear Connecticut, Inc. ("DNC") hereby files this Disclosure Statement.

DNC is a corporation organized under the laws of the State of Delaware, with its principal place of business in Connecticut. DNC is the majority owner and the federally licensed operator of the Millstone Power Station. DNC is principally engaged in the business of generating electricity.

DNC is an indirect wholly-owned subsidiary of Dominion Resources, Inc. ("DRI"). DNC is owned directly by Dominion Nuclear Marketing I, Inc.,

I

Dominion Nuclear Marketing II, Inc., and Dominion Nuclear Marketing III, L.L.C., which collectively own 100 percent of DNC's stock. Other intermediate subsidiaries in the organization between DRI and one or more of the three direct owners of DNC are: Dominion Energy, Inc.; Dominion Nuclear, Inc.; Dominion Nuclear Holdings, Inc.; Dominion Retail, Inc.; and Consolidated Natural Gas Company. There are no other publicly held corporations owning ten percent or more of DNC's stock.

Respectfully submitted, David A. Rcpka, Esq.

WINSTON & STRAWtN 1400 L Street, N.W.

Washington, DC 20005-3502 (202) 371-5700 Lillian M. Cuoco, Esq.

DOMINION RESOURCES SERVICES, INC.

Millstone Power Station Rope Ferry Road Waterford, CT 06385 ATTORNEYS FOR PROPOSED INTERVENOR DOMINION NUCLEAR CONNECTICUT, INC.

Dated in Washington, District of Columbia this 23rd day of January 2004 2

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

)

Connecticut Coalition Against Millstone, )

Petitioner, )

)

V. )

)

U.S. Nuclear Regulatory Commission, ) No. 04-0109 Respondent, )

)

and )

)

Dominion Nuclear Connecticut, Inc., )

Proposed Intervenor. )

CERTIFICATE OF SERVICE I hereby certify that copies of "MOTION OF DOMINION NUCLEAR CONNECTICUT, INC. FOR LEAVE TO INTERVENE" and the "CORPORATE DISCLOSURE STATEMENT" in the captioned proceeding have been served as shown below by United States mail, first class, this 23rd day of January 2004, on the following:

Nancy Burton, Esq. John F. Cordes, Esq.

147 Cross Highway Solicitor, Office of General Counsel Redding Ridge, CT 06876 U.S. Nuclear Regu'latory Commission Washington, DC 20555-0001 David A. Repka, Esq.

WINSTON & STRAWN 1400 L Street, N.W.

Washington, DC 20005-3502 (202) 371-5700 1

DC:340206.1

Second Circuit Misceliancous Forms Notice of Appearance Connecticut Coalition Against Millstone ShortTitle v. U.S. Nuclear Regulatory ConissionDocketN° 04-0109 NOTICE OF APPEARANCE Appearance for (provide name of party): DominidntNuclear Connecticut, Inc.

Status of Party:

( ) Appullant/Petitioner Cross-Appellee/Cross Respondent AppelleelRespondent 14 Intervenor eonn

) Cross-AppellantfCross-Petitioner ( ) Amicus Curlae I ) Other (Specify):

(5Q An attorney will argue this appeal.

• Name of attorney who will argue appeal, If other than counsel of record:

• Date of arguing aftomey's admission to this Court (month day, year): 5'0PTE:

a OtherFederaliStateBaradmlssions: (monthday year):b istrict 0t Columbia Court ot Appeals U.S. Ct. of Appeals for the Dist. ot Col. Circuit i1/16/99

( )lamaproselitlgantwholmnotanattorney.U.S. Court of Appeals for the Ninth Circuit 10/17/02

)lamanincarceratedproselitigant. U.S. Court of Appeals for the Fourth Circuit 11/16/84 TIME REQUEST (X) Oral argument Is not desired.

Oral argument ts desired. Party requests _ minutes or multi-co-partles request a total of minutes to be apportioned as follows:

If more than 20 minutes per side is requested, set forth reasons:

AVAILABILITY OF COUNSELIPRO SE LITIGANT I understand that the person who will argue the appeal must be ready at any time during or after the week of argument which appears on the scheduling order.

(IQ I know of no dates which would be Inconvenient I request that the argument of this appeal not be calendared for the following dates, which are Inconvenient. I have Included religious holidays.

COUNSEL OR PRO SELITIGANT MUSTADVISE THE COURTIN WRrrING OF ANY CHANGE IN AVAILABILITY. FAILURETO DO SO MAY BE CONSIDERED BY THE COURT IN DECIDING MOTIONS FOR ADJOURNMENT BASED ON UNAVAILABILITY.

RELATED CASES 0rj This case has not been before this Court previously.

This case has been before this Court previously. The short title, docket number and citation are:

Matters related to this appeal or Involving the same Issue have been or presently are before this Court. The short titles, docket numbers and citations are:_

• nature of counseLof record or pro so litigant: Signature of counsel who will argue the appeal, If different:

Gy rint Namne David A. Repka Type or Print Name Name of Firm: Winston & Strawn LLP Address: 1400 L Street, NW Washington, DC 20005-3502 Te ehone: Date Telephone: Date:

RH ,3.1 .5..2.6

UNITED STATES COURT OFAPPEALS FOR THE SECOND CIRCUIT Thurgood Marshall U.S. Courthouse atFoley Square 40 Centre Strect, Nce York, NY 10007 Tclcphone: 212-857-8500 MOTION INFORMATION STATEMENT Caption [use short titlel Connecticut Coalition Against Millstone v.

Docket Number(a): 04-0109 U.S. Nuclear Regulatory Commission M1 otIon for: Leave to Intervene Set forth below precise, complete statement of relief sought:

Dominion Nuclear Connecticut, Inc. the majority owner and operator of Millstone Power Station, and the applicant in the administrative proceeding which is the subject of the Petition for Review, seeks to intervene as a party respondent.

Connecticut Coalition Against MOVINGdARTY: Dominion Nuclear Connecticut, fIWPOSING PARTY: Millstone O Plaintiff 0 Defendant o Appellant/Petitioner 0 Appeilee/Respondent MOVING ATTORNEY:

David A. Repka, Esq. OrPPOSING ATTORNEY [Name]: Nancy Burton, Esq.

David__A-___________

I,add~Leps., phone number and e-mail)

[name of attorney with firn~. ITT cof attorney,wjth Cross irm, address, phooe number and e-mail]

-- gflway Winston & Strawi 1 1400 L Street, Iq.W. - Redding Ridge, Connecticut 06876 Wasaington. o.C. 20005-3502 _ (203) 938-3952 (202) 371L-5700 NancyBurtonEscr~aol.com cdronka~winston.c r mom Court-Judge/Agency appealed from:

U.S. 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 relief been made below? U Yes 0 No A. been sought? X Yes O No B. been obtained? x Yes O No Has this relief been previously sought In this Court? a Yes O No Is oral argument requested? 0 Yes X No (requests for oral argument will not necessarily be granted) Requested return date and explanation of emergency:

Has argument date of appeal been set? a Yes X No If yes, enter date S eDO t:e:

in! Adt', _ Date: V'lZ31D' Has service been effected? X Yes D 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).