ML091610088

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LTR-09-0248 - New Jersey Dept. of Environmental Protection V. NRC; Amergen Energy Company, LLC - Petition for Review of an Order by the U.S. Nrc. (NRC - 1: 50-0219-LR)
ML091610088
Person / Time
Site: Oyster Creek
Issue date: 05/22/2009
From: Waldron M
US Federal Judiciary, Court of Appeals, 3rd Circuit
To: Jaczko G
NRC/OCM
References
50-0219-LR, LTR-09-0248
Download: ML091610088 (5)


Text

OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET Date Printed.- Jun 02, 2009 12:15 PAPER NUMBER:

ACTION OFFICE:

LTR-09-0248 OGC LOGGING DATE: 06/02/2009 AUTHOR:

AFFILIATION:

ADDRESSEE:

SUBJECT:

ACTION:

DISTRIBUTION:

LETTER DATE:

ACKNOWLEDGED SPECIAL HANDLING:

Marcia Waldron PA Gregory Jaczko New Jersey Dept of Environmental Protection v. NRC; Amergen Energy Company Information EDO, OCAA, Comrs 05/22/2009 No NOTES:

FILE LOCATION:

ADAMS DATE DUE:

DATE SIGNED:

I ý'O\\/l 0ýp

OFFICE OF THE CLERK MARCIA M. WALDRON UNITED STATES COURT OF APPEALS TELEPHONE CLERK FOR THE THIRD CIRCUIT 215-597-2995 21400 UNITED STATES COURTHOUSE 601 MARKET STREET PHILADELPHIA, PA 19106-1790 Website: www.ca3.uscourts.gov May 22, 2009 Chairman Nuclear Regulatory Commission One White Flint North 11545 Rockville Pike Rockville, MD 20852-2476 RE: NJ Dept Env Prot v. NRC Case Number: 07-2271 Agency Case Number: 50-0219-LR

Dear Chairman,

Enclosed herewith is the certified judgment together with copy of the opinion or certified copy of the order in the above-captioned case(s). The certified judgment or order is issued in lieu of a formal mandate and is to be treated in all respects as a mandate.

(X) We release herewith the certified list in lieu of the record in the case(s).

Counsel are advised of the issuance of the mandate by copy of this letter. The certified judgment or order is also enclosed showing costs taxed, if any.

Very truly yours, Marcia M. Waldron, Clerk By: /s/ Shannon Craven, Case Manager 267-299-4959 cc:

Ellen B. Balint, Esq.

Michael A. Bauser, Esq.

R. Scott Clayton, Esq.

John F. Cordes Jr., Esq.

John A. Covino, Esq.

Brad Fagg, Esq.

Eileen P. Kelly, Esq.

Charles E. Mullins, Esq.

Tamara N. Rountree, Esq.

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 07-2271 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, Petitioner V.

UNITED STATES NUCLEAR REGULATORY COMMISSION; AMERGEN ENERGY COMPANY, LLC Respondent Petition for Review of an Order by the United States Nuclear Regulatory Commission (NRC-i : 50-0219-LR)

Argued on December 10, 2008 Before: McKEE, SMITH and ROTH, Circuit Judges JUDGMENT This case came on to be heard on the record before the United States Nuclear Regulatory Commission and was argued on December 10, 2008.

On consideration whereof,

IT IS ORDERED AND ADJUDGED by this Court that the petition for review of the decision and Order of the Regulatory Commission entered on February 26, 2007, be and the same is hereby denied. Costs taxed against Petitioner.

All of the above in accordance with the Opinion of this Court.

ATTEST:

!/ Marcia M. Waldronn Clerk Dated: March 31, 2009 Certif e.d yid issued in lieu of a for~r*

a[ef 05/22/09 Teste: 71E-ý 2*.

U,.-Z.

Clerk, U.S. Court of Appeals for the Third Circuit