ML19220C086
| ML19220C086 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 02/27/1978 |
| From: | Kepford C CITIZENS FOR SAFE ENVIRONMENT |
| To: | |
| Shared Package | |
| ML19220C087 | List: |
| References | |
| NUDOCS 7904280194 | |
| Download: ML19220C086 (5) | |
Text
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- IN THE UNITED STATES COURT OF AP?EALS FOR THE DISTRICT OF COLUMBIA CIRCUIT g,co es
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,9 YORX-CC"!5E F3N-A-ShE ENVIrfNMENT
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S FEB 2 81c78 >g AND-OfRZENS' FOR A7AFE ENVI~R0NMENT,
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Pe ti tio ners',
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UNITED STATES NUCLEAR REGULATORY
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Occket No. b /N CCMMISSION, METROPOLITAN EDISON COMPANY,
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PENNSYLVANIA ELECTRIC COMPANY, AND
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UERSEY CENTRAL PCWER AND LIGHT COMPANY,
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Respondent.
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PETITION TO REVIEW Petitioners York Comittee for a Safe Environment and Citizens for a Safe Environment (" Petitioners") seek an emergency stay of an order of the United States Nuclear Regulatory Comission (" Commission")
wnich granted an operating license to the Three Mile Island Nuclear
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Generating Station, Unit 2 ("TMI-2").
Petitioners are unable to attach a copy of the agency order which this petition urges must inaediately be stayed, nullified, and voided, because the Ccamission G-so 2s1
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has illegally withheld this order from Petitioners in order to deprive them of their day in court prior to the occurrence of irreparable injury.
The extraordinary immediate injunctive relief requested is neces-sitated by the delay caused by the Comission's illegal withholding from Petitioners of knowledge of its decision to issue an operating license to TMI-2.
For the past three and one-half years, Petitioners have been full and participating parties to a proc r,ng by the Comission held to detemine whether to grant an operating license to TMI-2.
Unless this Court acts immediately to grant the emergency in-junctive relief requested, substantia. and continuing irreparable injury to Petitioners, their desemdants, and meabers of the public will occur. A delay of a single day or even a single hour in the granting of such emergency injunctive relief by this Court could cause irreparable injury, due to the late date at which Petitioners discovered through a third party that the operating licensa had been granted.
Petitioners also seek more permanent injunctive relief to stay, nullify, and void the TMI-2 operating license until completion of judicial review of the legality of the issuance of the license.
Venue over this case is in the United States Court of Appeals for the District of Columbia Circuit pursuant to 28 USC Section 2343.
Petitioners have standing to maintain this Petition to Review.
The decision of the Commission to grant an operating license to TMI-2 is a final order of the Comission.
A brief in support of the imediate emergency and mere permanent injunctive remedies requested acccmpanies this Petition to Review.
This brief and this petition are being hand delivered to the Clerk of this 86 288 i
Court to expedite review of Petitioners' request and the issuance of the extraordinary relief requested.
Respectfully submi tted,
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Chauncey Xepf rd
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433 Orlando Avenue State College, Pa.16801 (814) 237-3900 Representative of Petitieners York Ccmittee 1or a Safe Environ:nent and Ci tizens for a Safe Envirorment I
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,7 day of February, 1978.
Dated this t
86 2885
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IN THE 9
UNITED STATES CCURT OF APPEALS r
g FOR THE DISTRICT OF COLUMBIA CIRCUIT eg C.1 FEB 2 31979 3. g YORX COMMITTEE F0P. A SAFE ENVIRONMENT
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AND CITIZENS FOR A SAFE ENVIRONMENT,
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Peti tioners,
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UNITED STATES NUCLEAR REGULATORY Docket No. N-M CCMMISSION, METROPOLITAN EDISON COMPANY,
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PENNSYLVANIA ELECTRIC COMPANY, AND JERSEY CENTRAL POWER AND LIGHT COMPANY, Responder.ts.
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NOTICE OF APPEARANCE Please enter an appearance for rae in this action as r
'n tative for York Comi. tee for a Safe Envircnment of York, Pennsylva.
, and Citizens for a Safe Environment of Harrisburg, Pennsylvania.
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Chaunceylkepford Representative for Petitioners York Comittee for a Safe Environment and Ci tizens for a Safe Environment 433 Orlando Avenue State College, Pa.16801 (014) 237-3900 86 2S'l
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%i A CERTIFICATE OF SERVICE I hereby certify that copies of a Petition to Review an Order of the United States Nuclear Regulatory Comission and Brief Requesting Imediate Emergency Injunctive Relief to be Followed by a More Permanent Interlocutory Injunctive Relief, dated February 27, 1978, with Attachments and Aapendix, have been submitted to the Clerk of the United States Court of Appeals for the District of Columbia Circuit and have been served by Petitieners by hand delivery to the offices ]f the following this
'7 day of February, 1978.
Henry J. McGurren Counsel for NRC Staff Nuclear Regulatory Comission Washington, D.C. 20555 George F. Trowbridge, Esq.
Shaw, Pi ttman, Potts & Trewbridge 18C0 M Street, NW Washington, D.C. 20036 I hereby further certify that copies of a Petition to Review an Order of the United States Nuclear Regulatory Commission and Brief Requesting Imadiate Emergency Injunctive Relief to the Following by a More Permanent Interlocutory Injunctive Relief, dated February 27, 1978, with Attachments and Appendix, have been served on the following by deposit in the United States Mail, First Class, postage paid, this L7 day of February,1978.
J. Griffin Bell At+arney-General of the United States United States Department of-Geme1~:e J1,4 -
Washington, D.C. 20530 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Comission Washington, D.C. 20555 Karin W. Carter, Assistant Attorney-General Office of Enforcement Department of Environmental Resources 709 Health and Welfare Building Harrisburg, Pennsylvanis 17120 ca r
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Chauncey Kep' ford E 28 M > $
Representative for Petitioners g*1W 433 Orlando Avenue 1
m S' ate College, Penna. 16801 M
(814) 237-3900 86 2S5