ML091540555
| ML091540555 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 05/18/2009 |
| From: | Doris Lewis Dominion Nuclear Connecticut, Pillsbury, Winthrop, Shaw, Pittman, LLP |
| To: | Wolfe C NRC/OGC, US Federal Judiciary, Court of Appeals, 2nd Circuit |
| Robert Rader, 301-415-1955 | |
| References | |
| 09-1901-ag, FOIA/PA-2011-0115 | |
| Download: ML091540555 (9) | |
Text
pilisburq Pill U11COPY Pillsbury Winthrop Shaw Pittman LLP 2300 N Street, NW Washington, DC 20037-1122 tel 202.663.8000 fax 202.663.8007 David R. Lewis tel 202.663.8474 david.lewis@pillsburylaw.com May 18, 2009 Catherine O'Hagan Wolfe Clerk of the Court United States Court of Appeals For the Second Circuit Thurgood Marshall U.S. Courthouse 40 Foley Square New York, NY 10007 Re: Burton v. United States ofAmerica Docket No. 09-1901-ag
Dear Clerk Wolfe:
Pursuant to Federal Rules of Appellate Procedure 15(d), 26.1, and 27, and Local Rule 27, please find enclosed an original and four copies of the Unopposed Motion of Dominion Nuclear Connecticut, Inc. ("DNC") For Leave to Intervene in Case No. 09-1901-ag, as well as the original and four copies of DNC's Corporate Disclosure Statement. These pleadings have also been filed and served electronically in PDF format in accordance with Interim Local Rule 25.1.
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 to me in the enclosed, self-addressed, stamped envelope. Thank you for your assistance.
Sincerely, David R. Lewis Counsel for Dominion Nuclear Connecticut, Inc.
Enclosure www.pillsburylaw.com
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]
Docket Number(s):
09-1901-ag Burton v. United States of America Motion for:
Leave to Intervene Set forth below precise, complete statement of relief sought:
Dominion Nuclear Connecticut, Inc. moves to intervene in the above captioned action as a respondent MOVING PARTY:
Dominion Nuclear Connecticut, Inc.
El Plaintiff 13 Defendant U Appellant/Petitioner 0
Appellee/Respondent MOVING ATTORNEY:
David R. Lewis
[name of attorney, with firm, address, phone number and e-mail]
David R. Lewis Pillsbury Winthrop Shaw Pittman, LLP 2300 N Street, NW Washington, D.C. 20037 (202) 663-8474; david.lewis@pillsburylaw.com OPPOSING PARTY:
Nancy Burton OPPOSING ATTORNEY [Name]:
ProSe
[name of attorney, with firm, address, phone number and e-mail]
Nancy Burton 147 Cross Highway Redding Ridge CT 06876 203-938-3952; NancyBurtonCT@aol.com Court-Judge/Agency appealed from: U.S. Nuclear Regulatory Commission Please check appropriate boxes:
Has consent of opposing counsel:
A. been sought?
B. been obtained?
FOR EMERGENCY MOTIONS, MOTIONS FOR INJUNCTIONS PENDING APPEAL:
Has request for relief been made below?
El Yes STAYS AND D-No El Yes 01 No El Yes 0
No Has this relief been previously sought in this Court?
E] Yes El No Is oral argument requested?
0 Yes E0 No (requests for oral argument will not necessarily be granted)
Requested return date and explanation of emergency:
Has argument date of appeal been set?
01 Yes If yes, enter date El No y
Attorney:
Date: May 18, 2009 Has service been effected?
[Attach proof of service]
E0 Yes El No ORDER IT IS HEREBY ORDERED THAT the motion is GRANTED DENIED.
FOR THECOURT:
CATHERINE O'HAGAN WOLFE, Clerk of Court Date:
By:
Form T-1080 (Revised 10/31/02).
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
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Petitioner,
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No. 09-1901-ag
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UNITED STATES OF AMERICA,
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UNITED STATES NUCLEAR
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REGULATORY COMMISSION, and
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DOMINION NUCLEAR CONNECTICUT, INC. ))
Respondents.
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UNOPPOSED MOTION OF DOMINION NUCLEAR CONNECTICUT, INC.
FOR LEAVE TO INTERVENE Pursuant to 28 U.S.C. § 2348 and Rule 15(d) of the Federal Rules of Appellate Procedure, Dominion Nuclear Connecticut, Inc. ("DNC") hereby moves to intervene in the above-captioned action as a respondent in support of the agency decisions identified in the Petition for Review filed by Nancy Burton. Although DNC is already named as a Respondent in Ms. Burton's Petition for Review, DNC is not an "agency" that must be named as a respondent pursuant to F.R.A.P. 15(a).
Accordingly, DNC files this motion to ensure its ability to participate as an intervenor-respondent in this action. In support of its motion, DNC states the following:
401311316vl
- 1.
Nancy Burton seeks judicial review of two decisions issued by the United States Nuclear Regulatory Commission ("NRC"). Petition for Review at 1.
Ms. Burton does not state in the petition her objections to those NRC decisions.
- 2.
The NRC decisions of which Ms. Burton seeks review relate to an NRC proceeding concerning DNC's application to amend the operating license of its Millstone Power Station Unit 3 in New London, Connecticut, to allow that Unit to operate at a higher power level. DNC is the majority owner and licensed operator of the Millstone Power Station, Unit 3, and participated in the NRC proceedings that Nancy Burton asks this Court to review.
- 3.
Although the NRC is a Respondent with respect to Nancy Burton's petition for review, DNC has a separate interest apart from the regulatory interests of the NRC. The NRC decisions and Petition for Review directly affect the operation and licensing of a nuclear plant owned and operated by DNC.
Accordingly, DNC has substantial, direct and tangible interests in the resolution of this proceeding. As a party to the agency proceeding now on judicial review and as an entity whose interest will be affected if the NRC decisions are enjoined, set aside, or suspended, DNC respectfully submits that it is entitled to intervene in this action as a matter of right. See 28 U.S.C. § 2348.
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Counsel for DNC has been authorized by both Nancy Burton and counsel for the NRC to represent that they consent to DNC's intervention in this action.
Wherefore, DNC requests that it be granted leave to intervene as a party respondent in the aboye captioned proceeding.
Respectfully Submitted, Of Counsel:
Lillian M. Cuoco Dominion Resources Services, Inc.
120 Tredegar Street, RS-2 Richmond, VA 23219 David R. Lewis PILLSBURY WINTHROP SHAW PITTMAN, LLP 2300 N Street, N.W.
Washington, D.C. 20037 (202) 663-8474 Counsel for Dominion Nuclear Connecticut, Inc.
Dated: May 18, 2009 3
401311316vl
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT NANCY BURTON, Petitioner, V.
UNITED STATES OF AMERICA, UNITED STATES NUCLEAR REGULATORY COMMISSION, and DOMINION NUCLEAR CONNECTICUT, INC.
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No. 09-1901-ag
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Respondents.
CORPORATE DISCLOSURE STATEMENT FOR DOMINION NUCLEAR CONNECTICUT, INC.
Pursuant to Rule 26.1 of the Federal Rules of Appellate Procedure, Dominion Nuclear Connecticut, Inc. ("DNC") submits this Corporate 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, and is principally engaged in the business of generating electricity.
401311316vl
DNC is an indirect wholly-owned subsidiary of Dominion Resources, Inc.
("DRI"). DNC is wholly and directly owned by Dominion Energy Marketing, Inc.,
which in turn is wholly and directly owned by Dominion Energy, Inc. Dominion Energy Inc. is a wholly-owned, direct subsidiary of DRI. There are no other publicly held corporations owning ten percent or more of DNC' s stock.
Of Counsel:
Lillian M. Cuoco Dominion Resources Services, Inc.
120 Tredegar Street, RS-2 Richmond, VA 23219 Respectfully Submitted, David R. Lewis.
PILLSBURY WINTHROP SHAW PITTMAN, LLP 2300 N Street, N.W.
Washington, D.C. 20037 (202) 663-8474 Counsel for Dominion Nuclear Connecticut, Inc.
Dated: May 18, 2009 2
401 3 11316vl
CERTIFICATE OF SERVICE I, David R. Lewis, hereby certify that on May 18, 2009, copies of (1) the Unopposed Motion of Dominion Nuclear Connecticut, Inc. for Leave to Intervene and (2) the Corporate Disclosure Statement were served on the following parties by United States first class mail, postage prepaid:
Ms. Nancy Burton 147 Cross Highway Redding Ridge CT 06876 John Cordes, Esq.
Solicitor U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Robert M. Rader, Esq.
Senior Attorney Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 John E. Arbab, Esq.
U.S. Department of Justice Environment & Natural Resources Division P.O. Box 23795 Washington, DC 20026 401311316vl
ANTI-VIRUS CERTIFICATION FORM See Second Circuit Interim Local Rule 25(a)6.
CASE NAME: Burton v. United States of America DOCKET NUMBER: 09-1901-ag David R. Lewis I, (please print your name)__
certify that I have scanned for viruses the PDF version of the attached document that was submitted in this case as an email attachment to _7 1 <agencycases~i~ca2.uscourts.gov>.
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and that no viruses were detected.
Please print the name and the version of the anti-virus detector that you used Symantec AntiVirus Version 10.1.6.6010 If you know, please print the version of revision and/or the anti-virus signature files 5/17/09 rev. 4 (Your Signature Date: 05/18/2009