ML051260231
| ML051260231 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 10/06/2004 |
| From: | Mackechnie R US Federal Judiciary, Court of Appeals, 2nd Circuit |
| To: | Office of Nuclear Reactor Regulation |
| Mullins C | |
| References | |
| 04-3577-AG, 50-423-LA-3 | |
| Download: ML051260231 (1) | |
Text
IA Nur' rRegulatory Commission NDATE United States Court of Appeals FOR THE SECOND CIRCUIT At a stated Term of the United States Court of Appeals for the Second Circuit. held at the Thurgood Marshall United States Courthouse, Foley Square, in the City of New York, on the Li day of 6cbbzt-two thousand and four,
_ Present:
Hon. Roger J. Miner, Hon. Jos6 A. Cabranes, Hon. Chester J. Straub, Circuit Judges.
14_
Connecticut Coalition Against Millstone, Petitioner, Sf_,, /-,A-3 04-3577-ag
'pr.
United States Nucluar Regulatory Commission, Dominion Nuclear Connecticut, Inc.,
Respondents.
Respondents move to dismiss, for lack ofjurisdiction, the Petitioner's petition for review of two decisions of the Nuclear Regulatory Commission. Specifically, Petitioner seeks review of the Commission's denial of its motion to vacate the finding of the Secretary of the Nuclear Regulatory Commission that Petitioner's petition to intervene in the operating license renewal proceedings of two Millstone Power Station Facilities was prematurely filed because the license renewal proceeding had not yet commenced. Petitioner also seeks review of its subsequent motion for reconsideration of the
_ __Commission's..denial of the mohion-to vacate.-Upon due consideration,-this Court-has determined-that,--
because no license renewal proceeding had commenced at the time that Petitioner initially filed its petition to intervene, see 10 C.F.R. § 2.318, this Court lacks jurisdiction to review the Comrnmission's decisions related to that petition to intervene, see 42 U.S.C. § 2239(a), (b)(l). Accordingly, it is ORDERED that the motion to dismiss is GRANTED and the petition for review is DISMISSED.
FOR THE COURT:
Roseann B. MacKechnie, Clerk By:
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