ML091380505
| ML091380505 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 05/06/2009 |
| From: | Wolfe C US Federal Judiciary, Court of Appeals, 2nd Circuit |
| To: | NRC/OGC |
| Robert Rader, 301-415-1955 | |
| References | |
| 09-1901-ag, SECY-09-0008, FOIA/PA-2011-0115 | |
| Download: ML091380505 (10) | |
Text
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT THURGOOD MARSHALL U.S. COURT HOUSE 40 FOLEY SQUARE, NEW YORK, N.Y. 10007 Dennis Jacobs CHIEF JUDGE Catherine O'Hagan Wolfe CLERK OF COURT Date: Short Title: 5/6/09 Burton v. United States of America Docket 09-1901-ag Agency Number: SECY-09-0008 Agency: Nuclear Regulatory Commission
Dear Counsel:
Please be advised that a petition to review an order of the Nuclear Regulatory Commission in the above-entitled case has been filed in this court.A copy of the petition is enclosed herewith.Please acknowledge receipt of the copy of the petition on the copy of this letter also enclosed and return to me.Very truly yours, -....Catherine O'Hagan Wolfe, Clerk By: Yenni Liu, Deputy Clerk UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT THURGOOD MARSHALL U.S. COURT HOUSE 40 FOLEY SQUARE, NEW YORK, N.Y. 10007 Dennis Jacobs Catherine O'Hagan Wolfe CHIEF JUDGE I? CLERK OF COURT Date: 5/6/09 Docket 09-1901-ag Short Title: Burton v. United States of America Agency Number: SECY-09-0008 Agency: Nuclear Regulatory Commission DOCKETING NOTICE A petition for review filed by Nancy Burton in the above referenced case was docketed today as 09-1901-ag.
This number must appear on all documents related to this case that are filed in this Court. Our docket sheet with the caption page is enclosed.
If you are pro se, an Acknowledgment and Notice of Appearance form is also enclosed.
Counsel must access the Acknowledgment and Notice of Appearance form from this Court's website ca2,.usco..,rts -s.iy. The form must be completed and returned within 14 days of the date of this notice. The form requires the following information:
YOUR CORRECT CONTACT INFORMATION:
Review,the enclosed party information on the docket sheet and note any incorrect information in writing on the Acknowledgment and Notice of Appearance.
The Court will contact one counsel per party or group of collectively represented parties when serving notice or issuing our order. Counsel must designate on the Acknowledgment and Notice of Appearance a lead attorney to accept all notices from this Court who, in turn will, be responsible for notifying any associated counsel.CAPTION: Attached is the full caption in. this matter. This Court must use the district court caption (FRAP 12(a) and 32(a)). Please review this attachment carefully and promptly advise this Court of any improper or inaccurate designations in writing on the Acknowledgment and Notice of Appearance form. If a party has been terminated from the case the caption may reflect that change only if the district court judge ordered that the caption be amended.APPELLATE DESIGNATIONS:
Please review whether your client is correctly listed on the party listing page of the docket sheet and in the caption. Should you believe there is an error, please note on the Acknowledgment and Notice of Appearance.
Timely submission of the Acknowledgment and Notice of Appearance will constitute compliance with the requirement to file a Representation Statement required by FRAP 12(b). For additional information consult the Court's website instruction booklet. If you have any questions with regard to-this pending appeal, please call the Deputy Clerk named below.questions with regard to this pending appeal, please call the Deputy Clerk named below.Yenni Liu, Deputy Clerk Telephone Number: 212-857-8541
Enclosure:
USCA docket sheet with caption page EsCOURro C('0(UNITED STATES COURT OF AP S FOR THE SECOND CIRC 14AY 4 Za 0 NANCY BURTON, )0,woo" Petitioner ) ',"o,,,ol
-.. r, .v. PETITION FOR REVIEW UNITED STATES OF AMERICA )UNITED STATES NUCLEAR )REGULATORY COMMISSION
)DOMINION NUCLEAR CONNECTICUT, INC. )Respondents ) MAY 1, 2009 Nancy Burton hereby petitions the United States Court of Appeals for the 2d Circuit for review of the following orders entered by the United States Nuclear Regulatory Commission
("NRC") and its Atomic Safety and Licensing Board ("ASLB"): (1) "SECY-09-0008" entered on the 5th day of March, 2009, denying petitioner's appeal and affirming and adopting the Memorandum and Order of the ASLB issued on October 27, 2008 ("Ruling on Motions to File New or Amended Contentions");
and (2) "CLI-08-17" entered by the NRC on the 13th day of August, 2008, denying petitioner's appeal from the Memorandum and Order of the ASLB issued on June 4, 2008 ("LBP-08-09")
("Ruling on Petition to Intervene and Request for Hearing").
THE PETITIONER NANCY BURTON NancvBuft n 147 Cross Highway Redding Ridge CT 06876 Tel. 203-938-3952 NancyBurtonCT@aol.com
ý-UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT NANCY BURTON, Petitioner V.PETITION FOR REVIEW UNITED STATES OF AMERICA, UNITED STATES NUCLEAR REGULATORY COMMISSION, ENTERGY NUCLEAR. OPERATIONS, INC.Respondents May 1, 2009 CERTIFICATE OF SERVICE I, Nancy Burton, hereby certify that a copy of the foregoing Petition for Review was sent via U.S.; Mail, postage pre-paid, and by electronic mail, on MaylT, 2009 to the following:
United States Department of Justice Environment and Natural Resources Division P.O. Box 23795 L'Enfant Plaza Station Washington DC 20026-3795 John.ArbabD.usdoi.aov Dominion Nuclear Connecticut, Inc.Rope Ferry Road Waterford CT 06385 Attention:
Lillian Cuoco Lillian.Cuoco(cdom.com Office of the General Counsel U.S. Nuclear Regulatory Commission 11555 Rockville Pike Mail Stop 015-D21 Rockville MD 20852 OGCMailCenter@nrc.gov David Lewis, Esq.Pillsbury Winthrop Shaw Pittman LLP 2300 N Street NW Washington DC 20037-1122 David. Lewis@pillsburylaw.com Nanc Býu on 147 Cross Highway Redding Ridge CT 06876 Tel. 203-938-3952 NancyBurtonCT@aoi[.com FROM :NRNCY BURTON FAX NO. :203 93e 3169 May. 05 2009 12"0EPM P2 IN RESPONSE,4PLEASE REFER TO: M090305 March 5, 2009 MEMORANDUM FOR: Brooke Poole, Director Office of Commission Appellate Adjudication FROM: Annette L. Vietti-Cook, Secretary IRA/I SUBi-JECT:
STAFF REQUIREMENTS
-AFFIRMATION SESSION, 2:Z5 P.M..THURSDAY, MARCH 5.2009, COMMISSIONERS' CONFERENCE ROOM, ONE WHITE FLINT NORTH, ROCKVILLE, MARYLAND (OPEN TO PUBLIC ATTENDANCE)
I. "'SECY-09-0008 -tLo inion Nuclear Connecticut.
Inc. (Millstone Power Station, Unit 3)(License Amendment For Power Uprate), The Commission approved a Memorandum and Order responding to an appeal by the Connecticut Coalition Against Millstone and Nancy Burton of the Atomic Safety and Licensing Board's unpublished decision denying several motions which, among other things, denied their request to file several new or amended contentions in this power uprate license amendment proceeding.
The Memorandum and Order denies the Connecticut Coalition Against Millstone and Nancy Burton's appeal and affirms the Board's decision.(Subsequently, on March 5, 2009, the Secretary signed the Memorandum and Order.)II. SECY-09-0027
-EntervNucl.ear OperAtions, Inc, Docket Nos..50-247-LR and M0-286-LR Enter~gys Petition for Interlocutory Review of the Licensinr Board's Decembr18, 2008 Memorandum and Order The Commission approved a Memorandum and Order responding to a Petition for Interlncutory Review of the Atomic Safety and Licensing Board's December 18, 2008 Memorandum and Order which denied Entergy's motion for reconsideration of an earlier Board order admitting an environmental contention for litigation.
The Memorandum and Order denies Entergfs P.etition for Interlocutory Review.(Subsequently, on March 5, 2009, the Secretary signed the Memorandum and Order.)
PUBLIC DOCKET FOR Second Circuit Court of Appeals INDIV OPEN Court of Appeals Docket #: 09-1901-ag Nsuit: Burton v. United States of America Appeal from: Nuclear Regulatorv Commission Filed: 5/4/09 Case type information:
Aiiencv Petition for Review None Lower court information:
District:
SECY-09-0008 Trial Judge: MagJudge: Date Filed: Date order/judgement:
Date NOA filed: 5/4/2009 Fee status: Due Panel Assignment:
Panel: Date of decision: Prior cases: Current cases: NONE NONE Docket as of May 06, 2009 10:52 am Page:
Pibceedings include all events. 09-1901-ag Burton v. United States of America Official Caption 1/Docket No. [s] 1901 -ag Nancy Burton, Petitioner, V.United States of America, United States Nuclear Regulatory Commission, Connecticut, Inc., INDIV OPEN Dominion Nuclear Respondents., Authorized Abbreviated Caption 2/Docket No. [s] : 09-1901 -ag Burton v. United States of America 1/Fed. R. App. P. Rule 12 [a] and 32 [a].2/ For use on correspondence and motions only.1 Docket as of May 06, 2009 10:52 am Page: 2 PNoceedings include all events. 09-1901-ag Burton v. United States of INDIV America OPEN Dominion Nuclear Connecticut Respondent David R. Lewis Esq.F LD ret 1 Shaw Pittman Potts & Troebridie 2300 N St.. NW Washinaton
.DC. 20037 202-663-8474 Nancv Burton Petitioner Nancy Burton Esq.r LD ret ]Law office of Nancv Burton. Esa.147 Cross Hwv.Reddine Ridae .CT. 06876 203-938-3952 United States Nuclear Regulatorv Commission Respondent James Adler Esq.r LD ret 1 United States Nuclear Reiulatorv Commission 11555 Rockville Pike Rockville.
MD. 20852 301-415-1656 United States of America Respondent John E. Arbab Esq.r LD ret 1 U.S. Department of Justice. Environment
& Natural I P.O. Box 23795 Washinaton.
D.C. .DC. 20026 202-514-4046 Docket as of Mav 06. 2009 10:52 am Page: 3
-NTTh"T\ /Pioceedings include all events. 09-1901-ag Burton v. United States of ......America OPEN Docket as of May 06, 2009 10:52 am A Page: 4 INDIV Ploceedings include all events. 09-1901-ag Burton v. United States of America OPEN 5/4/09 Case Docketed:
Petition for review of agency order on behalf of PETITIONER Nancy Burton, filed. [Entry date May 6 2009 ]5/4/09 Note: This appeal was PRO SE when filed. [Entry date May 6 2009 I 5/4/09 Copy of agency decision and order dated March 5, 2009 filed. [Entry date May 6 2009 ]5/6/09 Letter sent to PETITIONER Nancy Burton, giving 30 days from date to either pay the fee or file a motion for ifp. [Entry'date May 6 2009 ]5/6/09 Served copy of petition under cover letter on respondents.
[Entry date May 6 2009 ]-;5/6/09 Instructional Forms sent to Pro Se litigant [Entry date May 6 2009 ]Docket as of Mav 06. 2009 10:52 am P Page: