ML21099A046

4-8-21 Docketing Statement (DC Cir.)(Case No. 21-1084)

ML21099A046
Person / Time
Site:	Indian Point
Issue date:	04/08/2021
From:	Riesel D Hendrick Hudson High School, Sive, Paget & Riesel, PC, Town of Cortlandt, NY, Village of Buchanan, NY
To:	NRC/OGC, US Federal Judiciary, Court of Appeals, for the District of Columbia Circuit
References
1893635, 21-1084, CLI-21-01
Download: ML21099A046 (2)

Text

USCA Case #21-1084 Document #1893635 Filed: 04/08/2021 Page 1 of 2 UNITED STATES COURT OF A PPEALS DISTRICT OF COLUMBIA CIRCUIT 333 Constitution Avenue, NW Washington, DC 20001-2866 Phone: 202-216-7000 l Facsimile: 202-219-8530 DOCKETING STATEMENT Administrative Agency Review Proceedings (To be completed by appellant/petitioner)

1. CASE NO. 21-1084 2. DATE DOCKETED: 03/05/2021

3. CASE NAME (lead parties only) Town of Cortlandt U.S. Nuclear Regulatory Commission v.

4. TYPE OF CASE: Review Appeal Enforcement Complaint Tax Court

5. IS THIS CASE REQUIRED BY STATUTE TO BE EXPEDITED? Yes No If YES, cite statute

6. CASE INFORMATION:

a. Identify agency whose order is to be reviewed: United States Nuclear Regulatory Commission

b. Give agency docket or order number(s): CLI-21-01

c. Give date(s) of order(s) 01-15-2021; 11-23-2020

d. Has a request for rehearing or reconsideration been filed at the agency? Yes No If so, when was it filled? By whom?

Has the agency acted? Yes No If so, when?

e. Identify the basis of appellant's/petitioner's claim of standing. See D.C. Cir. Rule 15(c)(2):

As host local governments, petitioners have automatic standing under 10 C.F.R. 2.309(h)(2).

f. Are any other cases involving the same underlying agency order pending in this Court or any other?

Yes No If YES, identify case name(s), docket number(s), and court(s)

State of NY v. U.S. NRC, 21-1037 (D.C. Cir.); Riverkeeper Inc. v. U.S. NRC, 21-1080 (D.C. Cir.)

g. Are any other caess, to counsel's knowledge, pending before the agency, this Court, another Circuit Court, or the Supreme Court which involve substantially the same issues as the instant case presents?

Yes No If YES, give case name(s) and number(s) of these cases and identify court/agency:

State of NY v. U.S. NRC, 21-1037 (D.C. Cir.); Riverkeeper Inc. v. U.S. NRC, 21-1080 (D.C. Cir.)

h. Have the parties attempted to resolve the issues in this case through arbitration, mediation, or any other alternative for dispute resolution? Yes No If YES, provide program name and participation dates.

Signature /s/ Daniel Riesel 04/08/2021 Date Name of Party (Print) Town of Cortlandt, Village of Buchanan, and Hendrick Hudson School District Name of Counsel for Appellant/Petitioner (Print) Daniel Riesel Address 560 Lexington Avenue, New York NY 10022 E-Mail driesel@sprlaw.com Phone ( 212 ) 421-2150 Fax ( 212 ) 421-1891 ATTACH A CERTIFICATE OF SERVICE Note: If counsel for any other party believes that the information submitted is inaccurate or incomplete, counsel may so advise the Clerk within 7 calendar days by letter, with copies to all other parties, specifically referring to the challenged statement. An original and three copies of such letter should be submitted.

USCA Form 41 August 2009 (REVISED)

USCA Case #21-1084 Document #1893635 Filed: 04/08/2021 Page 2 of 2 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Nonbinding Statement of Issues was filed on April 8, 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.

Attorneys for Petitioners 560 Lexington Avenue, 15th Floor New York, NY 10022 driesel@sprlaw.com (212) 421-2150