ML071760139

6/4/2007 - Petitioner'S Notice of Appearance from State of New Jersey, Dept of Law and Public Safety V. USNRC; No. 07-2271

ML071760139
Person / Time
Site:	Oyster Creek
Issue date:	06/04/2007
From:	Covino J State of NJ, Dept of Law & Public Safety, State of NJ, Office of Attorney General
To:	Craven S, Waldron M Office of Nuclear Reactor Regulation, US Federal Judiciary, Court of Appeals, 3rd Circuit
Mullins C
References
07-2271
Download: ML071760139 (6)

Text

Sta-te of Ne w Jersey JON S.CORZINE OFFICE OF THE ATrTORNEY GENERAL STUART RABNER Governor DEPARTMENT OF LAW AND PUBLIC SAFETY Attorney General DIVISION OF LAW 25 MVARKET STREET* ROBERT J. GILSON PO Box 093 Director TRENTON, NJ 08625-0093 June 4, 2007 Marcia M. Waldron, Clerk U.S. Court of Appeals for the Third Circuit 21400 U.S.. Courthouse 601 Market Street Philadelphia, Pennsylvania 19106-1790 Attn: Shannon L. Craven, Case Manager VIA OVERNIGHT DELIVERY Re: N.J. Department of Environmental. Protection (Petitioner) v. U.S. Nuclear Regulatory Commission Docket No. 07-2271

Dear Ms. Craven:

Enclosed please find an entry of appearance form

.indicating my appearance as counsel for Petitioner in the'above-captioned matter, together with the docketing statement and the corporate disclosure statement (with notation of its non-applicability to Petitioner as a governmental entity).

A certificate of service is also enclosed.

Sincerely yours, STUART RABNER ATTORNEY GENERAL OF NEW JERSEY By:,

(

John A.' Covino Deputy Attorney General cc: Service List HUGHES JUSTICE ComPL'rx

• TELEPHONE: (609) 984-5612 - FAX: (609) 341-5030 New Jersey Is An Equal Opportunity Employer -Printed on Recycled Paper and Recyclable

PLEASE TYPE THIS FORM UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 07-2271 N.J.Department of Environmental VS. U.S.Nuclear Regulatory Commission Protection The Clerk will enter my appearance as Counsel of Record for (please list names of all parties represented, using additional sheet(s) if needed):

N._ J. Department. of. Erivi~roninenta_.I PFrot~ec-t*ton_

who IN THIS COURT is (please check only one):

X Petitioner(s) ____Appellant(s) *Intervenor (s)

____Respondent(s) - ____Appellee(s) ____Amicus Curiae (Type or Print) Name. Mr. John A. Covino Mr. Ms. Mrs. Miss Firm Division of Law P.O. Box 093.

Address Hugzhes Justice. Comp~lex City&State. Trenton, NJ

.Zip Code o8625

.Phone p09) 9814-5612 Fax6 G9~ 3 41-5030 PLEASE TYPE E-Mail Addr ss John. Covino@dol lps.state.nj .us SIGNATURE -OF COUNSEL: _________________

ONLY COUNSEL OF RECORD SHALI frTER AN APPEARANCE AND ONLY THAT ATTORNEY WILL BE THE ONE NOTIFIED OF THE COTURT'S ACTION IN THIS CASE. OTHER ATTORNEYS WHO DESIRE NOTIFICATION SHOULD MAKE APPROPRIATE ARRANGEMENTS WITH COUNSEL OF RECORD.

ONLY ATFTORNEYS WHO ARE MEMBERS OF THE BAR OF THE COURT OF APPEALS FOR THE THIRD CIRCUIT OR WHO HAVE SUBMIT[TED A PROPERLY COMPLETED APPLICATION FOR ADMISSION TO THIS COURT'S BAR MAY FILE AN APPEARANCE FORM. (BAR ADMISSION IS WAIVED FOR FEDERAL ATTORNEYS.)

IT IS IMPOR TANT TIIA T ALL REQ UES TED INFORMATION BE PRO0VIDED AND THA T CO UNSEL SIGN THE FORM IN THE APPR OPRL4 TE AREA.

REV- OVUM/0

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT DOCKETING STATEMENT Administrative Agency Review/Enforcement Proceedings (To be completed by Petitioner)

1. DOCKET NO.: 07-227 1 2. DATE DOCKETED: 14/25/07

3. CASE NAME ,- eIp.,o (Lead Parties Only)1 4 : -.wJDp o Enmi-ronmen~al Prot~ect ioh'V.' USNRC-

4. TYPE OF CASE: Review x Enforcement

5. CASE INFORMATION:

a. IIdentify agency whose order is to be reviewed: U. S.N.R. C.

b. Give agency docket or docket number(s): 50-02 19-LR

c. Give date(s) of order(s): 2/26/07

d. .Is a request for rehearing or reconsideration pending at the agency?

___Yes A No

e. Are any other cases involving the same underlying agency ord~

pending in this Court or in any other court? Y es No If Yes, identify name(s)., docket number(s),.and court(s):

N/A

f. Are any other cases,. to counsel's knowledge, pending before the agency,.

this Court or the Supreme Court which involve substantially the same issues as the instant' case presents? Yes XN If Yes, give name(s) of these cases and identify court/agency:

No~ne to. kn-awledge.

Signature:. vv A~ Date: 6/4/.07 Name of Cc Q el or Pro Se Litigant (Print) John A. Covino, D.A.G.

Firm: N.J. Division of Law phone: (609)9814-5612 Address: Hughes Justice Complex. P.O. Box 093, Trenton, NJ 08625 Name of Party Represented: N.J.Department of Environmental Protection 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 10 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.

REV. 7/93

United States Court of Appeals for the Third Circuit Corporate Disclosure Statement and Statement of Financial Interest No.07-227 1 N. 3. Departmental' Environmental, Protection, Petitioner V.

U. S. Nuclear Regulatory Commission (Form N/A to Petitioner as a Governmental Entity)

Instructions Pursuant to Rule 26.1, Federal Rules of Appellate Procedure any nongovernmental corporate party to a proceeding before this Court must file a statement identifying all of its parent corporations and listing any publicly held company that owns 10% or more of the party's stock.

Third Circuit LAR 26.1 (b) requires that every party. to an appeal must identify on the Corporate Disclosure Statement required by Rule 26.1, Federal Rules of Appellate Procedure, eve .ry publicly owned corporation not a party to the appeal, if any, that has. a financial interest in the outcome of the litigation and the nature of that interest. This information need be provided only if a party has something to report Under that.section of the LAR.

In all bankruptcy appeals counsel for the debtor or trustee of the bankruptcy estate shall.

provide a list identifying: 1)the debtor if not named in the caption; 2)the members of the creditors' committee or the top 20 unsecured creditors; and, 3)any entity not named in the caption which is an active participant in the bankruptcy proceedings. If the debtor or the. bankruptcy estate is not a party to the proceedings before this Court, the appellant must file this list. LAR 26.1 (c).

The purpose of collecting the information, in the Corporate Disclosure and Financial Interest Statements isto provide the judges with information about any conflicts of interest which would prevent them from hearing the case.

The completed Corporate Disclosure Statement and Statement of Financial Interest Form must, if required, must be filed upon the filing of a motion,-response, petition or answer in this Court, or upon the filing of the party's principal brief, whichever occurs first. An original and three copies must be filed. A copy of the statement must also be included in the party's principal brief before the table of contents regardless of whether the statement has previously been filed. Rule 26. 1(b) and (c), Federal Rules of Appellate Proicedure.

If additional space is needed, please attach a new page.

(Page 1 of 2)

V-1 United States Court of Appeals for the Third Circuit

)

New Jersey Department of No. 07-2271 Environmental Protection, Petitioner, V. )

United States Nuclear Regulatory Commiss ion, Respondent.

IRENE BLAKE, of full age, hereby certifies:

1. I am a secretary employed by the State, of New Jersey,.

Division of Law, Environmental Permitting and Counseling Section.

.2. On June 4, 2007, by direction of Deputy Attorney General John A. Covino, on behalf of the. State of New Jersey, Department of Environmental Protection, I caused to be served by overnight delivery. one copy, of Petitioner's. entry of appearance, docketing statement and. corporate disclosure statement (with notation of the non-applicability of-said disclosure statement to Petitioner as a governmental entity) to:

Charles E.. Mullins, Senior At torney Office of the General Counsel U.,S. Nuclear Regulatory Commission 1155 Rockville Pike Rockville, Maryland 20852-2738 (301) 415-1618 Brad Fagg, Esquire Morgan, Lewis & Bockius, LLP 1111 Pennsylvania Avenue Washington, D.C. 20004

.(202) 739-5191

NJDEP v. USNRC, No. 07-2271 Certificate of Service, 6/4/0 7 Page 2 of 2 Tamara N. Rountree, Esquire U.S. Department of Justice Environmental &.Natural Resources Division Appellate Section 950 Pennsylvania Avenue, N.W.

Washington, D.C. 20530-0001 (202) 514-1174

ýI certify that the foregoing statements made by me above are true. I am aware that if any of the foregoing statements made by me above are wilfully false, I am subject to punishment.

Iren~e Blake Dat~ed: June 4, 2007