ML071510418

5/8/2007 - Nj Department of Environmental Protection V. NRC; Amergen Energy Company, LLC; No. 07-2271

ML071510418
Person / Time
Site:	Oyster Creek
Issue date:	05/08/2007
From:	Fagg B AmerGen Energy Co, Morgan, Morgan, Lewis & Bockius, LLP
To:	Waldron M Office of Nuclear Reactor Regulation, US Federal Judiciary, Court of Appeals, 3rd Circuit
Mullins C
References
07-2271
Download: ML071510418 (4)

Text

Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 MO gNS L AW Tel: 202.739.3000 COUNSELORS AT LAW Fax: 202.739.3001 www.morganlewis.com Brad Fagg Partner 202.739.5191 bfagg@morganiewis.com May 8, 2007 VIA FEDERAL EXPRESS Marcia M. Waldron, Clerk United States Court of Appeals for the Third Circuit 21400 United States Courthouse 601 Market Street Philadelphia, PA 19106-1790 Attention: Shannon L. Craven, Case Manager Re: N.J. Department of Environmental Protection

v. NRC: AmerGen Energy Company, LLC.; No. 07-2271

Dear Ms. Craven:

Enclosed please find a Notice of Appearance and Corporate Disclosure Statement and Statement of Financial Interest on behalf of Respondent AmerGen Energy Company, LLC.

Please contact me if there are any questions.

Sincerely,

/Brad aggr1 BF/ls Enclosure c: John A. Covino, Esq.

,iG*nta Counsel NRC 0 Honorable Alberto R. Gonzales Secretary NRC

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

AmerGen Energy Company, LLC who IN THIS COURT is (please check only one):

Petitioner(s) Appellant(s) ___ Intervenor (s)

X Respondent(s) Appellee(s) Amicus Curiae (Type or Print) Name Brad Fagg Mr. Ms. Mrs. Miss Firm Morgan, Lewis & Bockius LLP.

Address 1111 Pennsylvania Avenue, N.W.

City & State Washington, D.C.

Zip Code -

20004 Phone (202) 739-5191 Fax (202) 739-3001 PLEASE TYPE E-Mail Address bLgg@morganlewis.com SIGNATURE 01F COUNSEL:

7 -

ONLY COUNSEL OF RECORD SHALL ENTER AN /PPEAkANCE AND ONLY THAT ATTORNEY WILL BE THE ONE NOTIFIED OF THE COURT'S ACTION IN THIS CASE. OTHER ATTORNEYS WHO DESIRE NOTIFICATION SHOULD MAKE APPROPRIATE ARRANGEMENTS WITH COUNSEL OF RECORD.

ONLY ATTORNEYS WHO ARE MEMBERS OF THE BAR OF THE COURT OF APPEALS FOR THE THIRD CIRCUIT OR WHO HAVE SUBMITTED 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 IMPORTANT THAT ALL REQUESTED INFORMATION BE PROVIDED AND THAT COUNSEL SIGN THE FORM IN THE APPROPRIATE AREA.

REV. 08/15/01

United States Court of Appeals for the Third Circuit Corporate Disclosure Statement and Statement of Financial Interest No. 07-2271 N.J. Department of Environmental Protection V.

NRC: AmerGen Energy Company, LLC 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, every publicly owned corporation not a party to the appeal, if any, that has a financial inter4st 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 is to 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 ýCourt, 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 Procedure.

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

(Page 1 of 2)

Pursuant to Rule 26.1 and Third Circuit LAR 26.1, AmerGen Energy Company, LLC makes the following disclosure: (Name of Party)

1) For non-governmental corporate parties please list all parent corporations:

Exelon Corporation

2) For non-governmental corporate parties please list all publicly held companies that hold 10% or more of the party's stock:

Exelon Corporation

3) If there is a publicly held corporation which is not a party to the proceeding before. this Court but which has.as a financial interest in the outcome of the proceeding, please identify all such parties and specify the nature of the financial interest or interests:

4) In all bankruptcy appeals counsel for the debtor or trustee of the bankruptcy estate must list: 1) the debtor, if not identified .in the case 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 active participant in the bankruptcy proceeding.

If the debtor or trustee is not participating in the appeal, this information must be provided by appellant.

Dated:

(Siature of s,- r*Party) rev: 1211998 (Page 2 of 2)

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