ML060170480

Unopposed Motion of Dominion Nuclear Connecticut for Leave to Intervene & Corporate Disclosure Statement, Dated 1/4/06

ML060170480
Person / Time
Site:	Millstone
Issue date:	01/04/2006
From:	Doris Lewis Dominion Nuclear Connecticut, Pillsbury, Winthrop, Shaw, Pittman, LLP
To:	Mackechnie R Office of Nuclear Reactor Regulation, US Federal Judiciary, Court of Appeals, 2nd Circuit
Heck J
References
05-6684-ag
Download: ML060170480 (7)

Text

2300 NStmeet, N.W. Tel 202.663.8000 Pillsbury Washington, D.C. 20037-1128 Fax 202.663.8007 Winthrop wwwpillsburylawco Shaw DAVID R. LEWIS Pittoman. 202663-8474 david.lewiscpillsburylaw.com January 4, 2006 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: County of Suffolk v. U.S. Nuclear Regulatory Commission Docket No. 05-6684-ag Unopposed Motion of Dominion Nuclear Connecticut For Leave To Intervene

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 the Unopposed Motion of Dominion Nuclear Connecticut, Inc. ("DNC") For Leave To Intervene in Case No. 05-6684-ag, as well as four 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.

Sincerely, David R. Lewis Counsel for Dominion Nuclear Connecticut, Inc.

Enclosures 400300664vi

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Thurgood Marshall U.S. Courthouse at Foley Square, 40 Centre Street, New York, NY 10007, Telephone: 212-857-8500 MOTION INFORMATION STATEMENT Caption (use short title) n--tr-t NXT-h-rtcl L/U%.JL I IN UllIIIU AtZ-44QA-R County of Suffolk v.

atJ. JU-S U.S. Nuclear Regulatory Commission Motion for: Leave to Intervene Set forth below precise, complete statement of relief sought:

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

Moving Party: Dominion Nuclear Connecticut, Inc. Opposing Party: County of Suffolk (name of attorney, with firm, address, phone and email) (name of attorney, with firm, address, phone and email)

David R. Lewis Christine Malafi Pillsbury Winthrop Shaw Pittman LLP County of Suffolk, New York 2300 N Street, NW 100 Veterans Memorial Highway Washington, DC 20037 P.O. Box 6100 (202) 663-8474 Hauppauge, NY 11788-0099 david.lewis(~pillsburvlaw.com (631) 853-4049 christine.malafi-suffolkcountv.gov 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? OYes 0 No A. been sought? El Yes O No Has relief been previously sought in B. been obtained? 13 Yes O No This court? 0 Yes 0 No Is oral argument requested? 0 Yes [1No Requested return date and explanation of emergency:

(requests for oral argument will not necessarily be granted)

Has argument date of appeal been set? ODYes l0lNo If yes, enter date_

Signature of Moving Attorney: Has service been effected? Ed Yes O No (attach proof of service)

DR-D David R. Lewis Date: January "1, 2006 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) 400293517vl

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT COUNTY OF SUFFOLK, )

Petitioner )

)

v. )

) No. 05-6684-ag U.S. NUCLEAR REGULATORY COMMISSION, )

DOMINION NUCLEAR CONNECTICUT, )

UNITED STATES OF AMERICA, )

Respondents )

UNOPPOSED MOTION OF DOMINION NUCLEAR CONNECTICUT, INC FOR LEAVE TO INTERVENE Dominion Nuclear Connecticut, Inc., ("DNC") respectfully moves, pursuant to 28 U.S.C

§ 2348 and F.R.A.P 15(d), for leave to intervene in the above-entitled action. Although DNC is already named as a Respondent in the County of Suffolk's Petition for Review, 28 U.S.C. § 2344 and F.R.A.P. 15(a)(2)(B) suggest that the action is against the United States and Nuclear Regulatory Commission. Accordingly, Dominion files this motion to ensure its ability to participate as an intervenor-respondent in this action.

In support of this motion, DNC states the following:

1. Petitioner County of Suffolk ("Suffolk") is seeking review of a Memorandum and Order of the Nuclear Regulatory Commission ("NRC") that denied a late request by Suffolk to intervene in an NRC proceeding concerning DNC's application to renew the operating licenses for the Millstone Power Station, Units 2 and 3.

2. DNC is the NRC-licensed operator of the Millstone Power Station, the sole owner of Unit 2, and the majority owner of Unit 3. Suffolk's challenge to the NRC's Memorandum and 400292613vi

Order directly affects these units. Thus, DNC has a substantial, direct and tangible interest in the ultimate resolution' of this proceeding. As the applicant for the renewed operating licenses, DNC was a party to the proceeding before the NRC. Although the NRC is a Respondent with respect to Suffolk's petition for review, DNC has a separate interest apart for the regulatory interests of the NRC. It is therefore submitted that DNC is entitled to intervene in this proceeding.

3. Counsel for the NRC and Counsel for Suffolk 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 above captioned proceeding.

Respectfully submitted, Lillian M. Cuoco David R. Lewis.

Dominion Resources Services, Inc. Matias Travieso-Diaz.

Millstone Power Station Rope Ferry Road PILLSBURY WINTHROP SHAW PITTMAN, LLP Waterford, CT 06835 2300 N. Street, N.W.

(860) 444-5316 Washington, D.C. 20037 (202) 663-8474 Counsel for Dominion Nuclear Connecticut, Inc.

Dated: January 4, 2006 2

40029261 3v0

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT COUNTY OF SUFFOLK, )

Petitioner )

)

v. )

) No. 05-6684-ag U.S. NUCLEAR REGULATORY COMMISSION, )

DOMINION NUCLEAR CONNECTICUT, )

UNITED STATES OF AMERICA )

Respondents CORPORATE DISCLOSURE STATEMENT OF DOMINION NUCLEAR CONNECTICUT, INC Pursuant to Fed. R. App. P. 26.1, 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 licensed owner and operator of Millstone Power Station, Units 1, 2 and 3, and 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 Energy Marketing, Inc. and Dominion Nuclear Marketing III, L.L.C., which collectively own 100 percent of DNC's stock. Other intermnediate subsidiaries in the organization between DRI and one or more of the two direct owners of DNC are:

Dominion Energy, Inc.; Dominion Nuclear Holdings, Inc.; Dominion Retail, Inc.; and 40029261 3v1

Consolidated Natural Gas Company. There are no other publicly held corporations owning ten percent or more of DNC's stock.

Respectfully submitted, B. _

David R. Lewis Matias Travieso-Diaz PILLSBURY WINTHROP SHAW PITTMAN, LLP 2300 N. Street, N.W.

Washington, D.C. 20037 (202) 663-8474 Counsel for Dominion Nuclear Connecticut Inc.

Dated: January 4, 2006 2

40029261 3v)

CERTIFICATE OF SERVICE I hereby certify that true copies of the foregoing pleadings were served upon the following by deposit in the United States mail, first class, postage prepaid, on this 4 th day of January, 2006.

John F. Cordes, Esq. Jared Heck, Esq.

Solicitor Office of the Solicitor U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Environmental Division, Appellate Section Christine Malafi U.S. Department of Justice 100 Veterans Memorial Highway Washington, D.C. 20530 P.O. Box 6100 Mauppauge, NY 11788-0099 c.f As_-

David R. Lewis Counsel for Dominion Nuclear Connecticut, Inc.

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