ML20079F249

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Informs of Dismissal of NFS Challenge to Commission 811106 Order Affirming NRC Issuance of Amend
ML20079F249
Person / Time
Site: West Valley Demonstration Project
Issue date: 02/25/1982
From: Fitzgerald J
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:
Shared Package
ML20079F227 List:
References
FOIA-83-363, TASK-AII, TASK-SE SECY-82-079, SECY-82-79, NUDOCS 8203120409
Download: ML20079F249 (1)


Text

i k# RIGO February 25, 1982 SECY-82-79 ADJUDICAkbRY ISSUE (Inforniation)

For:

The Commissioners From:

James A. Fitzgerald Assistant General Counsel

Subject:

NUCLEAR FUEL SERVICES, INC. v. NUCLEAR REGULATORY COMMISSION and UNITED STATES OF AMERICA, No. 81-2114 (D.C. Cir.)

Purpose:

To inform the Commission of the dismissal of this lawsuit.

Discussion:

On February 19, 1982 the United States Court of Appeal for the District of Columbia Circuit dismissed, at the request of Nuclear Fuel Services, Inc. (NFS), NFS's challenge to the Commission's Order and Notice of Hearing of November 6, 1981 affirming the NRC staff's issuance of an amendment to NFS's license for the Western New York Nuclear Service Center at West Valley, New York.

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I J es A. Fitzgerald ssistant General Counsel

Attachment:

Dismissal Notice

Contact:

Sheldon L. Trubatch, GC X-43224 i

DISTRIBUTION:

Commissioners i

Commission Staff Offices EDO SEaP

$ PY..H. os Been Sent to PDR ASLAPOWD M 403

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-; n g n e. y g h @ r,p. roc: q~~.:.s.m.-.4. u-r Qvrm.>u,7.a-77 FCR THE DISTRICT CF cot.UMW A CIRCU!T No. 81-2n4 September Term,19 al Nuclear Fuel Services, Inc.,

Petitioner United 5t,Jn gpy;ct Appeals for the Ciacict & Casdbik arei,g v.

Nuclear Regulatory Commission and Rtro [Eg g g jggg United States of America, Respondents GEOP.GE A. R3H5,1 CL.M New York State Energy Research and Development Authority, Intervenor BEFORE:

MacKinnon and Robb, Circuit Judges 2 E E E. E The Clerk is dire.cted to file respondents' motion for extension of time in which to file brief.

On consideration of petitioner's motion for voluntary dismissal pursuant to Rule 42 of the Federal Rules of Appellate Procedure,, it appearing therefrom that all parties are in agreement with the request for voluntary dismissal, it is ORDEPID by the Court that petitioner's aforesaid motion is granted and the petition for review herein is dismissed.

It is FURTHER ORDERED by the Court that respondents' motion for ex-tension of time in which to file brief is dismissed as mcot.

The Clerk is direccec to send a certified copy of this crder to the Nuclear Regulatory Commission.

P 2 Curiam For The Court GEORGE A.

FISHER, CLE Te

Gaorge A. Fisher.

By:

l-db3 United States Court of Appeals Daniel M.

Cathey

  • or the Di3trictpf Coli.:mbia Circuit First Deputy Clerk
  1. M/ /

X M eputy Clerk By:

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