ML060170515

Notice of Appearance & the Respondent'S Acknowledgment Letter, Dated 1/12/06

ML060170515
Person / Time
Site:	Millstone
Issue date:	01/12/2006
From:	James Heck NRC/OGC
To:	Mackechnie R US Federal Judiciary, Court of Appeals, 2nd Circuit
Heck J
References
05-6684-ag, 50-336-LR
Download: ML060170515 (8)

Text

Ott REGQ UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 205550001 OFFICE OF THE January 12, 2006 GENERAL COUNSEL Roseann B. MacKechnie Clerk of Court United States Court of Appeals For the Second Circuit United States Court House 40 Foley Square New York, NY 10007 RE: County of Suffolk v. U.S. Nuclear Regulatory Commission, No. 05-6684-ag (filed December 16, 2005)

Dear Sir or Madam:

Enclosed please find my Notice of Appearance on behalf of the Respondent U.S.

Nuclear Regulatory Commission. I have also enclosed the Respondent's Acknowledgment Letter.

As indicated in the Notice of Appearance, another case arising out of the same administrative proceeding has previously been before this Court. That case, however, involved a different petitioner and unrelated issues.

As indicated in the Acknowledgment Letter, the caption of this case should be corrected by removing Dominion Nuclear Connecticut from the list of respondents.

Please date stamp the additional copy of this letter and return it to me in the enclosed self-addressed stamped envelope. If you have any questions, please call me at (301) 415-1623.

R Y,

Enclosures:

As Stated

Date: 12/21/05 Docket 05-6684-ag Short

Title:

County of Suffolk v. U.S. Nuclear Regulatory Commi Agency Number: 50-336-LR Agency: Nuclear Regulatory Commission ACKNOWLEDGMENT LETTER

Dear Erin Justice,

Deputy Clerk:

This is to acknowledge receipt of your docketing letter in the above case. I acknowledge that I am the (Lead) attorney of record for:

U.S. Nuclear Regulatory Commission My NAME, ADDRESS and PHONE NUMBER on your court records is:

Correct X Incorrect. Please amend your record as follows:

Name: Jared K. Heck Firm: _

Address:

Telephone:

FAX:

E-Mail:

The CAPTION as indicated is:

Correct.

X Incorrect. See attached caption page WITH CORRECTIONS.

The APPELLATE DESIGNATION (Petitioner or Respondent) assigned to my client is:

X Correct.

Incorrect. My client(s): _

Should be listed as:

Incorrect. My clients do not wish to participate in this appeal.

I have read the instructions enclosed with the docketing letter. l re and Print Name)

K. Heck

PUBLIC DOCKET FOR Second Circuit Court of Appeals

. INDIV .

OPEN Court of Appeals Docket #: 05-6684-ag Nsuit:

Filed: 12/16/05 County of Suffolk v. U.S. Nuclear Regulatory Commission Appeal from: Nuclear Regulatory Commission Case type information: . -.

Azencv Petition for Review None6 Lower court information:

District: 50-336-LR TrialJudge:

Magludge: ",, , '

Date Filed: i Date order/judgement: . .. .

Date NOA filed: 12/16/2005 Fee status:'Paid Panel Assignment:

Panel: .i  !': -

Date of decision:

Prior cases: NONE  ; .1.::

Current cases: NONE

. .- . -11 ..

Docket as of December 21, 200: 10:40 am Page: 1

INDIV Proceedings include all events. 05-6684-ag County of Suffolk v. U.S. Nuclear Regulatory Conmmission OPEN Official Caption 1/

Docket No. [s]: 05-6684 -ag County of Suffolk, Petitioner, v.

U.S. Nuclear Regulatory Commission, United States of America, Respondents.

Authorized Abbreviated Caption 2/

Docket No. [s] : 05-6684 -ag County of Suffolk v. U.S. Nuclear Regulatory Commission I/ Fed. R. App. P. Rule 12 [a] and 32 [a].

2/ For use on correspondence and motions only.

1 Docket as of December 21, 200: 10:40 am Page: 2

INDIV Proceedings include all events. 05-6684-ag County of Suffolk v. U.S. Nuclear Regulatory Commission OPEN County of Suffolk Petitioner Christine Malafi Esq.

r LD ret I Suffolk Countv Department of Law PO Box 6100 HauDDauae . NY . 117889623 631-883-4049 Dominion Nuclear Connecticut Respondent David R. Lewis Esq.

r LD ret 1 Pillsburv WInthrop Shaw Pittman LLP 2300 N Street NW Washinaton . DC . 200371128 202-663-8474 U.S. Nuclear Regulatory Commission Respondent John Corders Esq.

[LD ret]

U.S. Nuclear Regulatory Commission. Office of the C Mail Stop 0-15D21 Washington .DC. 20555 United States of America Respondent Alberto Gonzales Esq.

r inf l US Dept. of Justice 950 Pennsvlvania Ave.. NW Washington . DC . 20530 Docket as of December 21, 200: 10:40 am Pag r: 3

Proceedings include all events. 05-6684-ag County of Suffolk v. U.S. Nuclear INDIV Regulatory Comnnission OPEN Sean Cenawood Esq.

[ LD ret 1 U.S. Attornev's Office. Southern District of New Yorf 86 Chambers Street New York .NY. 10007 Docket as of December 21, 200: 10:40 am Page: 4

INDIV Proceedings include all events. 05-6684-ag County of Suffolk v. U.S. Nuclear Regulatory Commission OPEN 12/16/05 Case Docketed: Petition for review of agency order on behalf of PETITIONER County of Suffolk, filed.

12/16/05 Copy of receipt re: payment of docketing fee filed on behalf of PETITIONER County of Suffolk, #180685.

12/16/05 PETITIONER County of Suffolk, Form C/A filed, with proof of service.

12/16/05 Copy of agency decision and order dated 10/26/05, filed.

12/21/05 Served copy of petition under cover letter on respondent.

Docket as of December 21, 200: 10:40 am Page: 5

Second Circuit Miscellaneous Forms Notice of Appearance ShortTitle: County of Suffolk v. Nuclear RegulatoryDocketNO. 05-6684-AG Commission NOTICE OF APPEARANCE Appearance for (provide name of party): U.S. Nuclear Regulatory Commission Status of Party:

( ) Appellant/Petitioner ( ) Cross-Appellee/Cross Respondent (X) Appellee/Respondent ( ) Intervenor Cross-AppellantlCross-Petitioner ( ) AmicusCuriae Other (Specify):

(X)An attorney will argue this appeal.

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

• Date of arguing attorney's admission to this Court (month, day, year): 01/07/2004

• Other Federal/State Baradmissions: (month, day, year): 10th Circuit: 02/17/2004; D.C. Circuit 02/12/2004; 9th Circuit 10/11/02;

)I am a pro se litigant who is not an attorney. IOWA 11/05/01 I am an incarcerated pro se litigant.

TIME REQUEST

( ) Oral argument is not desired.

(X) Oral argument is desired. Party requests I10 minutes or multi-co-parties request a total of minutes to be apportioned as follows:

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

AVAILABILITY OF COUNSEUPRO 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.

I know of no dates which would be inconvenient.

(X) I request that the argument of this appeal not be calendared for the following dates, which are inconvenient. I have included religious holidays. October 9 through October 20, 2006 COUNSEL OR PRO SE LITIGANT MUST ADVISE THE COURT IN WRITING OF ANY CHANGE IN AVAILABILITY. FAILURE TO DO SO MAY BE CONSIDERED BY THE COURT IN DECIDING MOTIONS FOR ADJOURNMENT BASED ON UNAVAILABILITY.

RELATED CASES

( ) 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:

(X) Matters related to this appeal or involving the same issue have been or presently are before this Court. The short titles, docketnumbersandcitationsare: Connecticut Coalition Against Millstone v. NRC, No. 04-3577-AG Dismisseo- i-06-04 (arising from the same NRC license renewal proceeding but involving different issues and parties)

Si <ature of opro se litigant:

punsel Signature of counsel who will argue the appeal, if different:

or rintName Jared Heck Type or Print Name Name fFirm: U.S. Nuclear Regulatory Commission Address: Mail Stop 015-D21 Washington, E C20555 Telephone: 301-415-1623 ae l l - aL Telephone: Date: