ML12235A370

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Order Re Appendix
ML12235A370
Person / Time
Site: Seabrook  NextEra Energy icon.png
Issue date: 08/22/2012
From: Carter M
US Federal Judiciary, Court of Appeals, 1st Circuit
To:
NRC/OGC
Jeremy Suttenberg
References
00116421751, 12-1561, 5668424
Download: ML12235A370 (2)


Text

Case: 12-1561 Document: 00116421751 Page: 1 Date Filed: 08/22/2012 Entry ID: 5668424 United States Court of Appeals For the First Circuit No. 12-1561 BEYOND NUCLEAR, Paul Gunter, Director of Reactor Oversight Project; NEW HAMPSHIRE SIERRA CLUB, Kurt Ehrenberg, Field Organizer; SEACOAST ANTI-POLLUTION LEAGUE, Doug Bogen, Executive Director Petitioners v.

US NUCLEAR REGULATORY COMMISSION Respondent NEXTERA ENERGY SEABROOK, LLC.; TAUNTON MUNICIPAL LIGHTING PLANT; MA MUNICIPAL WHOLESALE ELECTRIC COMPANY,; HUDSON LIGHT & POWER DEPARTMENT Interested Parties - Intervenors ORDER OF COURT Entered: August 22, 2012 Pursuant to 1st Cir. R. 27.0(d)

The appendix filed by Beyond Nuclear, Paul Gunter, Director of Reactor Oversight Project; New Hampshire Sierra Club, Kurt Ehrenberg, Field Organizer; Seacoast Anti-Pollution League, Doug Bogen, Executive Director on August 20, 2012 is not in compliance with the following Federal Rules of Appellate Procedure and/or Local Rules of this court and/or Administrative Orders of this court:

  • Fed. R. App. P. 25(d)(1)(B), requiring that the certificate of service include the date and manner of service, the names of the persons served, and the mail or electronic addresses, facsimile numbers, or addresses of the places of delivery, as appropriate for the manner of service. The appendix did not contain a certificate of service.

Case: 12-1561 Document: 00116421751 Page: 2 Date Filed: 08/22/2012 Entry ID: 5668424

  • Fed. R. App. P. 32(a)(2)(C) and 32(b), requiring that the front cover of the appendix contain the title of the case (see Rule 12(a)). The caption on the appendix does not match the caption used by this court. Any party who believes that this courts caption does not accurately reflect the parties on appeal must file a motion to correct the caption, along with supporting documentation. The caption on the appendix does not match the caption used by this court.
  • Fed. R. App. P. 32(a)(2)(E) and 32(b), requiring that the front cover of the appendix contain the title of the appendix, identifying the party or parties for whom it is filed. The cover does not identify the parties for whom it is filed.
  • Fed. R. App. P. 32(a)(2)(F) and 32(b), requiring that the front cover of the appendix contain the name, office address and telephone number of counsel representing the party for whom the appendix is filed. The cover does not contain the name, office address and telephone number of counsel.

Appellants Paul Gunter, Director of Reactor Oversight Project; New Hampshire Sierra Club, Kurt Ehrenberg, Field Organizer; Seacoast Anti-Pollution League, Doug Bogen, Executive Director are ordered to file a conforming appendix by September 5, 2012. One copy of the corrected appendix must be served on each unrepresented party and on opposing counsel for each separately represented party. The nonconforming appendix will be held at the clerks office until September 5, 2012, should appellants wish to make arrangements to have it returned.

By the Court:

/s/ Margaret Carter, Clerk cc: Cordes, John Fredrick, Jr.

Hamrick, Steven C.

Kanatas, Catherine Lewis, David Robert Lodge, Terry Jonathan Ross, Mitchell S.

Roth, David E.

Scobbo, Nicholas J., Jr.

Smith, Maxwell Spencer, Mary Suttenberg, Jeremy Williamson, Edward