ML070860029

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1/3/2006 - Consented Motion for Extension of Time; Docket No. 06-5140; State of New Jersey Vs NRC
ML070860029
Person / Time
Site: 06005140
Issue date: 01/03/2006
From: Mullins C
NRC/OGC, US Federal Judiciary, Court of Appeals, 3rd Circuit
To:
State of NJ
References
Download: ML070860029 (3)


Text

IN THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT STATE OF NEW JERSEY, Petitioner,

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V.

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Docket No. 06-5140

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UNITED STATES NUCLEAR

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REGULATORY COMMISSION

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and UNITED STATES OF

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AMERICA,

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Respondents.

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)

CONSENTED MOTION FOR EXTENSION OF TIME Pursuant to Rule 27 of the Federal Rules of Appellate Procedure, and Rule 27.3 of the Local Appellate Rules, the U.S. Nuclear Regulatory Commission hereby requests an extension of time to and including January 31, 2006, in which to respond to the questions presented by the Court in its Order of December 22, 2006 in this docket. The undersigned has spoken with Kenneth W. Elwell, Esq., counsel for the State of New Jersey, who has graciously consented to this request for extension of time.

This undersigned counsel received this case on December 27, 2006, but was not aware of the Court's Order of December 22 until the evening of December 29, 2006. In the meantime, other members of this Office, who were not aware of counsel's other duties, requested and received an extension of time until January 16, 2006. The undersigned is counsel of record in United States of America v. Able Time, Inc., Case No. 06-56033 (9th Cir.), and the appellate brief of the United States is due on January 10, 2006. In addition, counsel has personal travel scheduled between January 11 and January 16. Thus, counsel will need additional time in which to prepare the NRC's response to the questions raised by the Court's Order.

Accordingly, the U.S. Nuclear Regulatory Commission respectfully requests an extension of time, to and including January 31, 2006, in which to respond to the questions in the Court's Order of December 22, 2006.

Senior Attorney Office of the General Counsel U.S. Nuclear Regulatory Commission Dated: January 3, 2006.

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No.

06-5140 State of New Jersey vs.

U.S. Nuclear Regulatory Com=

The Clerk will enter my appearance as Counsel of Record for (please list names of all parties represented, using additional sheet(s) if needed):

U.S. Nuclear Regulatory Commission who IN THIS COURT is (please check only one):

Petitioner(s)

Appellant(s)

Intervenor (s)

V Respondent(s)

Appellee(s)

Amicus Curiae (Type or Print) Name Charles E. Mullins (Mr.

0 Ms.

0 Mrs.

0 Miss Firm Office of the General Counsel, U.S. Nuclear Regulatory Commission Address 11555 Rockville Pike City & State Rockville, Maryland Zip Code 20852-2738 Phone (301 ) 415-1606 Fax (301) 415-3200 PLEASE TYPE E-ii ddress cem@nrc.gov SIGNATURE OF COUNS ONLY COUNSEL OF CORD SHALL ENTER AN/APPEARANCE AND ONLY THAT ATTORNEY WILL BE THE ONE NOTIFIED OF THE COURT'S ACTION IN THIS CASE. OTHER ATTORNEYS WHO DESIRE NOTIFICATION SHOULD MAKE APPROPRIATE ARRANGEMENTS WITH COUNSEL OF RECORD.

ONLY ATTORNEYS WHO ARE MEMBERS OF THE BAR OF THE COURT OF APPEALS FOR THE THIRD CIRCUIT OR WHO HAVE SUBMITTED A PROPERLY COMPLETED APPLICATION FOR ADMISSION TO THIS COURT'S BAR MAY FILE AN APPEARANCE FORM. (BAR ADMISSION IS WAIVED FOR FEDERAL ATTORNEYS.)

IT IS IMPORTANT THAT ALL REQUESTED INFORMATION BE PRO VIDED AND THA T COUNSEL SIGN THE FORM IN THE APPROPRIA TE AREA.

REV. 08/15/01