ML121100486

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Case Opening Notice - Commonwealth of Massachusetts V. USNRC
ML121100486
Person / Time
Site: Pilgrim
Issue date: 04/09/2012
From: Carter M
US Federal Judiciary, Court of Appeals, 1st Circuit
To:
NRC/OGC
Adler J
References
12-1404, 50-293-LR, CLI-12-06
Download: ML121100486 (7)


Text

United States Court of Appeals For the First Circuit No. 12-1404 Agency Nos. CLI-12-06; 50-293-LR COMMONWEALTH OF MASSACHUSETTS Petitioner v.

US NUCLEAR REGULATORY COMMISSION Respondent CASE OPENING NOTICE Issued: April 9, 2012 A petition for review was received and docketed today by the clerk of the court of appeals in compliance with Fed. R. App. P. 15. A copy of the petition is being transmitted to counsel for the respondent with this notice.

The administrative record, or certified list of all documents, must be filed by May 21, 2012. Fed. R. App. P. 17.

A notice advising you of the due date for filing your brief, and, if necessary, an appendix, will be sent upon the filing of the administrative record, or certified list, in this court.

An appearance form should be completed and returned immediately by any attorney who wishes to file pleadings in this court. 1st Cir. R. 12.0(a) and 46.0(a)(2). Petitioner must file an appearance form by April 24, 2012 in order for it to be deemed timely filed. Pro se parties are not required to file an appearance form. Any attorney who has not been admitted to practice before the First Circuit Court of Appeals must submit an application and fee for admission with the appearance form. 1st Cir. R. 46.0(a)(2).

Dockets, opinions, rules, forms, attorney admission applications, the court calendar and general notices can be obtained from the court's website at www.cal.uscourts.gov. Your attention is called specifically to the notice(s) listed below:

  • Notice to Counsel and Pro Se Litigants If you wish to inquire about your case by telephone, please contact the case manager at

the direct extension listed below.

Margaret Carter, Clerk UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT John Joseph Moakley United States Courthouse 1 Courthouse Way, Suite 2500 Boston, MA 02210 Case Manager: Melinda McKenzie - (617) 748-4214

United States Court of Appeals For the First Circuit NOTICE OF ELECTRONIC AVAILABILITY OF CASE INFORMATION The First Circuit has implemented the Federal Judiciary's Case ManagementlElectronic Case Files System ("CMlECF") which penn its documents to be filed electronically. In addition, most documents filed in paper are scanned and attached to the docket. In social security and immigration cases, members of the general public have remote electronic access through PACER only to opinions, orders, judgments or other dispositions of the court. Otherwise, public filings on the court's docket are remotely available to the general public through PACER.

Accordingly, parties should not include in their public filings (including attachments or appendices) infonnation that is too private or sensitive to be posted on the internet.

Specifically, Fed. R. App. P. 25(a)(5), Fed. R. Bank. P. 9037, Fed. R. Civ. P. 5.2 and Fed. R. Cr. P. 49.1 require that parties not include, or partially redact where inclusion is necessary, the following personal data identifiers from documents filed with the court unless an exemption applies:

  • Social Security or Taxpayer Identification Numbers. If an individual's social security or taxpayer identification number must be included, only the last four digits of that number should be used.
  • N ames of Minor Children. If the involvement of a minor child must be mentioned, only the initials ofthat child should be used.
  • Dates of Birth. If an individual's date of birth must be included, only the year should be used.
  • Financial Account Numbers. If financial account numbers are relevant, only the last four digits of these numbers should be used.
  • Home Addresses in Criminal Cases. If a home address must be included, only the city and state should be listed.

See also Rule 12 of this court's Administrative Order Regarding Case Management/Electronic Case Files System.

If the caption of the case contains any of the personal data identifiers listed above, the parties should file a motion to amend caption to redact the identifier.

Parties should exercise caution in including other sensitive personal data in their filings, such as personal identifying numbers, medical records, employment history, individual financial infonnation, proprietary or trade secret infonnation, infonnation regarding an individual's cooperation with the government, infonnation regarding the victim of any criminal activity, national security infonnation, and sensitive security infonnation as described in 49 U.S.C. § 114.

Attorneys are urged to share this notice with their c1ients so that an infonned decision can be made about inc1usion of sensitive infonnation. The c1erk will not review filings for redaction. Filers are advised that it is the experience of this court that failure to comply with redaction requirements is most apt to occur in attachments, addenda, or appendices, and, thus, special attention should be given to them. For further infonnation, inc1uding a list of exemptions from the redaction requirement, see http://www.privacy.uscourts.gov!.

United States Court of Appeals For the First Circuit NOTICE TO COUNSEL REGARDING MANDATORY REGISTRATION AND TRAINING FOR ELECTRONIC FILING (CMlECF)

Beginning January 1, 2010, CM/ECF is mandatory for all attorneys filing in this court.

Therefore, we strongly encourage all attorneys who practice in this court to register as an ECF Filer as soon as possible and become familiar with the system. Before you may file documents electronically in the CM/ECF system, you must complete the following steps.

  • Complete both of the mandatory Electronic Learning Modules (ELMs) located at

-'-'-'-'-'-'-'=0...:.==;';:;::'::":=""-'- on the Electronic Filing - CMlECF page. The lessons provide a step-by-step overview of how to file various types of documents, as well as how to avoid common filing errors.

  • Apply for admission if you are not a member of this court's bar. In order to register as an ECF Filer, attorneys must be admitted to the bar of this court. For information on attorney admission, go to the Forms & Notices page on the First Circuit's website at www.cal.uscourts.gov.
  • Register for a PACER account at http://www.pacer.psc.uscourts.gov if you or your law firm have not previously done so. A PACER account is required to view docket reports and electronically filed documents.
  • Register with PACER for a First Circuit Appellate ECF Filer account at http://www.pacer.psc.uscourts.gov. You must register for an ECF Filer account with this court order to electronically file documents through the court's CM/ECF system. If you previously registered through PACER for electronic noticing in the First Circuit, and you are a member of the bar of the First Circuit Court of Appeals, you do not have to re register for an appellate CM/ECF account.
  • Review the Administrative Order Regarding CMlECF (which sets forth rules governing electronic filing) and the CMIECF User's Guide. Complete information about CM/ECF is available on the First Circuit's website at www.cal.uscourts.gov.

March 31, 2010 cc:

Matthew T. Brock Duxbury Emergency Management Agency Brian G. Harris Beth N. Mizuno Pilgrim Watch Plymouth, MA Susan L. Uttal Edward Williamson

United States Court of Appeals For the First Circuit NOTICE TO ALL CMIECF USERS REGARDING "NATIVE" PDF REQUIREMENT All documents filed electronically with the court must be submitted as "native" Portable Document ("PDF") files. See Rule I of the Administrative Order Regarding Case Management/Electronic Case Files System ("CM/ECF"). A native PDF file is created by electronically converting a word processing document to PDF using Adobe Acrobat or similar software. A scanned PDF file is created by putting a paper document through an optical scanner. Use a scanner ONLY if you do not have access to an electronic version of the document that would enable you to prepare a native PDF file.

If you fail to file a document in the correct format, you will be asked to resubmit it.

Instructions for converting Word or WordPerfect documents to PDF are available on the court's website at http://www.cal.uscourts.gov/files/faq/WP Conversion.pd{