ML083530452
| ML083530452 | |
| Person / Time | |
|---|---|
| Site: | Indian Point, Vermont Yankee, FitzPatrick  |
| Issue date: | 12/12/2008 |
| From: | Wolfe C US Federal Judiciary, Court of Appeals, 2nd Circuit |
| To: | NRC/OGC |
| James Adler, 301-415-1656 | |
| References | |
| 08-3903-ag(L), 08-4833-ag(CON), PRM-51-10, PRM-51-12 | |
| Download: ML083530452 (1) | |
Text
United States Nuclear Regulatory Commission PRM-51-10 PRM-51-12 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 Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, in the City of New York, on the 12 h day of December, two thousand eight, Present:
Hon. Amalya L. Kearse, Hon. Reena Raggi, Hon. Debra Ann Livingston,
- esC U Circuit Judges.
I UJLU1 2008 The State of New York, et al.,
0, W, 0/
Petitioners, V.
08-3903-ag(L) 08-4833-ag(CON)
United States Nuclear Regulatory Commission, Respondent, Entergy Nuclear Operations, Inc., et al.,
Respondents-Intervenors.
Entergy Nuclear Operations, Inc., Entergy Nuclear Vermont Yankee, LLC, Entergy Nuclear Generation Company, LLC, Entergy Nuclear Indian Point 2, LLC, Entergy Nuclear Indian Point 3, LLC, and Entergy Nuclear FitzPatrick, LLC, through counsel, move to intervene pursuant to Fed.
R. App. P. 15(d) and for permission to file their motion out of time. Petitioners and respondent consent to both requests. Upon due consideration, it is hereby ORDERED that the motion to file out of time is GRANTED, see Fed. R. App. P. 26(b), and that the motion to intervene is GRANTED.
Intervenors have demonstrated that they have a substantial and unique interest in the case, may be prejudiced if they are not permitted to intervene, and have interests not adequately represented by the existing parties. See Sierra Club, Inc. v. EPA, 358 F.3 d 516,518 (7th Cir. 2004); cf Automobile Workers v. Scofield, 382 U.S. 205, 217 n.10 (1965).
FOR THE COURT:
Catherine O'Hagan Wolfe, Clerk By: /,,;./4
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