ML11245A194
| ML11245A194 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 08/31/2011 |
| From: | Langer M US Federal Judiciary, District Court for the District of Columbia |
| To: | NRC/OGC, State of VT, Dept of Public Service |
| Sean Croston, 301-415-2585 | |
| References | |
| 11-1168 | |
| Download: ML11245A194 (2) | |
Text
USCA Case #11-1168 Document #1327173 Filed: 08/31/2011 Page 1 of 2 Pniteb tate (Tourt of pppals FOR THE DISTRICT OF COLUMBIA CIRCUIT No. 11-1168 September Term 2010 NRC-76FR17162 NRC-CLI-50-271 Filed On: August 31, 2011 Vermont Department of Public Service, Petitioner V.
United States of America and Nuclear Regulatory Commission, Respondents Entergy Nuclear Operations Inc. and Entergy Nuclear Vermont Yankee, LLC, Intervenors Consolidated with 11-1177 BEFORE:
Henderson, Tatel, and Griffith, Circuit Judges ORDER Upon consideration of the joint motion for summary reversal and the oppositions thereto, respondents' motion to dismiss, intervenors' motion to dismiss or for summary affirmance, and the motion for leave to file a joint response and reply, it is ORDERED that the motions for summary reversal and summary affirmance be denied. The merits of the parties' positions are not so clear as to warrant summary action. Cascade Broadcasting Group, Ltd. v. FCC, 822 F.2d 1172, 1174 (D.C. Cir.
1987) (per curiam). It is FURTHER ORDERED that the motions to dismiss be referred to the merits panel to which these petitions for review are assigned. The parties are directed to address in
USCA Case #11-1168 Document #1327173 Filed: 08/31/2011 Page 2 of 2 pInitieb,Stateei Tvort of ;kppeals FOR THE DISTRICT OF COLUMBIA CIRCUIT No. 11-1168 September Term 2010 their briefs the issues presented in the motions to dismiss rather than incorporate those arguments by reference. It is FURTHER ORDERED that the motion for leave to file a joint response and reply be dismissed as moot.
Because the court has determined that summary disposition is not in order, the Clerk is instructed to calendar this case for presentation to a merits panel.
Per Curiam FOR THE COURT:
Mark J. Langer, Clerk BY:
/s/
Laura Chipley Deputy Clerk/LD Page 2