ML043080281

Letter to Court Providing Technical Correction to a Citation, Dated 10/29/04

ML043080281
Person / Time
Site:	Millstone
Issue date:	10/29/2004
From:	Fehst G NRC/OGC
To:	Mackechnie R, Wilder-Hope T US Federal Judiciary, Court of Appeals, 2nd Circuit
References
04-0109
Download: ML043080281 (1)

Text

ntus Hf UNITED STATES )

so NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 29, 2004 OFFICE OF THE GENERAL COUNSEL Roseann B. MacKechnie, Clerk United States Court of Appeals For the Second Circuit United States Court House 40 Foley Square New York, New York 10007 Attention: Tynetta Wilder-Hope, Deputy Clerk RE: Connecticut Coalition Against Millstone v. NRC, Case No. 04-0109 VIA OVERNIGHT MAIL

Dear Ms. MacKechnie:

This letter is to provide a small technical correction to a citation found in this Court's October 14, 2004 Summary Order in the above-referenced case. At page five of the Summary Order, the Court cited 10 C.F.R. §2.309(c) as the NRC regulation governing the admission of late-filed contentions in NRC proceedings. However, section 2.309(c) appears in recently enacted NRC rules not applicable to this case. The equivalent NRC rule applicable at the time this case was filed, and the citation that should be used in place of 10 C.F.R. §2.309(c), is 10 C.F.R. §2.714(a)(2004).

As the Commission noted at p. 4, Footnote 1, in its brief to the Court, the Commission earlier this year recodified and modified a number of its procedural regulations, including the procedural regulations covering late-filed contentions. See Final Rule: Changes To Adjudicatory Process, 69 Fed. Reg. 2182 (Jan. 14,2004). This newly numbered section now governing untimely requests to intervene in NRC proceedings merely added some additional factors for consideration of late-filed contentions to those already found in the old 10 C.F.R.

§2.714(a)(2004).

Thank you for your attention to this matter.

Respectfully submitted, eraldine R. Fehst Attorney (301) 415-1614 GRF@NRC.GOV cc: Service List