5-28-21 Motion for Voluntary Dismissal (DC Cir.)(Case No. 21-1084)| ML21153A007 |
| Person / Time |
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| Site: |
Indian Point  |
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| Issue date: |
05/28/2021 |
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| From: |
Burianek L, Lois James, Ommen T, Riesel D, Tallent J, Warren D
Hendrick Hudson School District, Riverkeeper, Sive, Paget & Riesel, PC, State of NY, Town of Cortlandt, NY, Village of Buchanan, NY |
|---|
| To: |
NRC/OGC, US Federal Judiciary, Court of Appeals, for the District of Columbia Circuit |
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| References |
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| 1900627, 21-1037, 21-1080, 21-1084 |
| Download: ML21153A007 (6) |
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Category:Legal-Motion
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Unopposed Motion of the Town of Cortlandt, Village of Buchanan and Hendrick Hudson School District for an Enlargement of Time to File Its Reply
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NYS Motion for Stay or to Vacate
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NYS Certificate of Service
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NYS Declaration in Support of Motion
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NYS Exhibit 14 on Notification of Issuance of License Amendment
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Declaration for Lisa S. Kwong
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Attachment 1- New York State List of Attachments and Proposed Exhibits Table
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NYS Motion for Leave to File Six Documents as Additional Exhibits
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Attachment 4 - Cover Page of ENTR00681 WCAP-17199-P, Revision 2, Contains Westinghouse Designated Proprietary Information Subject to Nondisclosure Agreement Full Text Copyrighted
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Attachment 5 - Cover Page of ENTR00682 WCAP-17200-P, Revision 2, Contains Westinghouse Designated Proprietary Information Subject to Nondisclosure Agreement Full Text Copyrighted
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Attachment 6 - Cover Page of ENTR00683 CN-PAFM-13-32, Revision 4, Contains Westinghouse Designated Proprietary Information Subject to Nondisclosure Agreement Full Text Copyrighted
ML15348A4412015-12-14014 December 2015
Attachment 7 - Cover Page of ENTR00689 WCAP-12191, Revision 5, Contains Westinghouse Designated Proprietary Information Subject to Nondisclosure Agreement Full Text Copyrighted
ML15348A4422015-12-14014 December 2015
Attachment 8 - Cover Page of ENTR00690 WCAP-16898-P, Revision 2, Contains Westinghouse Designated Proprietary Information Subject to Nondisclosure Agreement, Full Text Copyrighted
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Attachment 9 - Cover Page of ENTR00727 CN-PAFM-09-21, Revision 4, Contains Westinghouse Designated Proprietary Information Subject to Nondisclosure Agreement Full Text Copyrighted
2023-05-15
[Table view] |
Text
USCA Case #21-1084 Document #1900627 Filed: 05/28/2021 Page 1 of 6 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT State of New York Petitioner, Case No. 21-1037 (consolidated with Nos.
- v. 21-1080 and 21-1084)
U.S. Nuclear Regulatory Commission and the United States Respondents.
Riverkeeper, Inc.
Petitioner, Case No. 21-1080 v.
U.S. Nuclear Regulatory Commission and the United States Respondents.
USCA Case #21-1084 Document #1900627 Filed: 05/28/2021 Page 2 of 6 Town of Cortlandt, Village of Buchanan, and Hendrick Hudson School District Case No. 21-1084 Petitioners, v.
U.S. Nuclear Regulatory Commission and the United States Respondents.
JOINT UNOPPOSED MOTION FOR VOLUNTARY DISMISSAL Pursuant to Federal Rule of Appellate Procedure 42(b) and D.C. Circuit Rule 27(g), Petitioners the Town of Cortlandt, Village of Buchanan, Hendrick Hudson School District, the State of New York, and Riverkeeper, Inc. hereby move for voluntary dismissal of their petitions in these consolidated cases, with each party to bear its own costs and fees. The parties in these cases have not yet submitted briefing, and the Court has not yet scheduled oral argument.
Counsel for Petitioners has contacted counsel for the other parties, including respondents U.S. Nuclear Regulatory Commission and the United States and intervenors Entergy Nuclear Indian Point 2, LLC, Entergy Nuclear Indian Point 3, LLC, Entergy Nuclear Operations, Inc., Holtec International, and Holtec Decommissioning International, LLC. No party opposes this motion.
2
USCA Case #21-1084 Document #1900627 Filed: 05/28/2021 Page 3 of 6 Dated: May 28, 2021 New York, New York Respectfully submitted,
/s/ Daniel Riesel Daniel Riesel Dane Warren SIVE PAGET & RIESEL P.C.
Attorneys for Petitioners Town of Cortlandt, Village of Buchanan, and Hendrick Hudson School District 560 Lexington Avenue, 15th Floor New York, NY 10022 driesel@sprlaw.com (212) 421-2150 LETITIA JAMES Attorney General State of New York
/s/ Joshua M. Tallent Lisa M. Burianek Joshua M. Tallent Channing Wistar-Jones Assistant Attorneys General Environmental Protection Bureau The Capitol Albany, NY 12224 (518) 776-2456 Joshua.Tallent@ag.ny.gov
/s/ Todd D. Ommen Todd D. Ommen Managing Attorney - Pace Environmental Litigation Clinic, Inc.
Professor of Law - Elisabeth Haub 3
USCA Case #21-1084 Document #1900627 Filed: 05/28/2021 Page 4 of 6 School of Law Attorney for Riverkeeper, Inc.
78 North Broadway, White Plains, NY 10603 tommen@law.pace.edu 914-422-4343 (O) - 914-422-4437 (F) 4
USCA Case #21-1084 Document #1900627 Filed: 05/28/2021 Page 5 of 6 CERTIFICATE OF COMPLIANCE I hereby certify that this motion complies with the requirements of Fed. R.
App. P. 27(d)(2)(A) because it contains 124 words, as counted by Microsoft Word and excluding material exempted by Fed. R. App. P. 32(f).
I further certify that this motion, drafted in 14-point type using the proportionally spaced Times New Roman font, complies with the typeface requirements of Fed. R. App. P. 32(a)(5) and the type-style requirements of Fed. R.
App. P. 32(a)(6).
/s/ Daniel Riesel Daniel Riesel SIVE PAGET & RIESEL P.C.
560 Lexington Avenue, 15th Floor New York, NY 10022 driesel@sprlaw.com (212) 421-2150 5
USCA Case #21-1084 Document #1900627 Filed: 05/28/2021 Page 6 of 6 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Joint Unopposed Motion for Voluntary Dismissal was filed on May 28, 2021 using the Courts CM/ECF system and that service was therefore accomplished upon counsel of record by the Courts system.
/s/ Daniel Riesel Daniel Riesel SIVE PAGET & RIESEL P.C.
560 Lexington Avenue, 15th Floor New York, NY 10022 driesel@sprlaw.com (212) 421-2150 6