ML040500590

Petition to Review License Amendment Application and Reconsideration of Final Decision, Dated 01/06/04

ML040500590
Person / Time
Site:	Millstone
Issue date:	01/23/2004
From:	Burton N Connecticut Coalition Against Millstone
To:	NRC/OGC, US Federal Judiciary, Court of Appeals, 2nd Circuit
References
04-0109-ag, 50-336-LA-2
Download: ML040500590 (7)

Text

GENERAL DOCKET FOR Second Circuit Court of Appeals INDIV OPEN Court of Appeals Docket #: 04-0109-ag Nsuit:

Filed: 1/6/04 Connecticut Coalition v. U.S. Nuclear Regulatory Commission Appeal from: Nuclear Regulatory Commission Case type information:

Agencv Petition for Review None Lower court information:

District: 50-336 LA-2 Trial Judge:

MagJudge:

Date Filed:

Date order/judgement:

Date NOA filed: 1/6/2004 Fee status: Paid Panel Assignment:

Panel:

Date of decision:

Prior cases: NONE Current cases: NONE Docket as of January 23, 2004 10:24 am Page: I

2 INDIV Proceedings include all events. 04-0109-ag Connecticut Coalition

v. U.S. Nuclear Regulatory Commission OPEN Official Caption 1/

Docket No. [s]: 04-0109 -ag Connecticut Coalition Against Millstone, Petitioner, V.

U.S. Nuclear Regulatory Commission, Respondent.

Authorized Abbreviated Caption 2/

Docket No. [s]: 04-0109 -ag Connecticut Coalition v. U.S. Nuclear Regulatory Commission 1/ Fed. R. App. P. Rule 12 [a] and 32 [a].

2/ For use on correspondence and motions only.

I Docket as of January 23, 2004 10:24 am Page: 2

INDIV Proceedings include all events. 04-0109-ag Connecticut Coalition

v. U.S. Nuclear Regulatory Commission OPEN U.S. Nuclear Regulatory Commission Ann HodgdonEsq.

Respondent [ LD ret 1 Office of the General Counsel U.S. Nuclear Repulatorv Commission Washington , DC . 205550001 203-938-3952 Connecticut Coalition Against Millstone Nancy Burton Esq.

Petitioner rLD ret 1 Law Office ofNancv Burton. Esq.

147 Cross Hwv.

Reddine Ridge . CT. 6876 203-938-3952 Docket as of January 23, 2004 10:24 am Page: 3

INDIV Proceedings include all events. 04-0109-ag Connecticut Coalition

v. U.S. Nuclear Regulatory Commission OPEN 1/6104 Case Docketed: Petition for review of agency order on behalf of FILERS filed. [Entry date Jan 22 2004 ]

1/6/04 Copy of receipt re: payment of docketing fee filed on behalf of FILERS .

RECEIPT #171261 [Entry date Jan 22 2004 ]

1/15/04 Copy of NRC agency decision and order DATED 10/23/03 filed. [Entry date Jan 22 2004 ]

1/15/04 Copy of NRC agency decision and order dated 12/18/03 filed. [Entry date Jan 23 2004 ]

1/15/04 FILERS Form C/A filed, with proof of service. [Entry date Jan 22 2004 ]

1/22/04 Served copy of petition under cover letter on respondent.

Docket as of January 23, 2004 10:24 am Page: 4

IN THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT CONNECTICUT COALITION Docket No. 50-336 LA-2 AGAINST MILLSTONE, Petitioner V.

U.S. NUCLEAR REGULATORY COMMISSION, Respondent JANUARY 6, 2004 PETITION FOR REVIEW The Intervenor, Connecticut Coalition Against Millstone, hereby petitions this Court, pursuant to 28 U.S.C. Sections 2342 and 2344 and Rule 15(a) of the Federal Rules of Appellate Procedure, to review the final decision of the U.S.

Nuclear Regulatory Commission by Memorandum and Order dated October 23, 2003 (CLI-03-14), In the Matter of Dominion Nuclear Connecticut, Inc. (Millstone Nuclear Power Station Unit No. 2), Docket No. 50-336-LA-2, terminating reactor license amendment proceedings arising from Dominion Nuclear Connecticut, Inc.'s license amendment application dated September 26, 2002 seeking revisions to various technical specifications regarding Millstone Nuclear Power Station Unit 2.

The Intervenor also petitions this Court, pursuant to 28 U.S.C. Sections 2342 and 2344 and Rule 15(a) of the Federal Rules of Appellate Procedure, to review the final decision of the U.S. Nuclear Regulatory Commission by Memorandum of 1

,I Order dated December 18, 2003 (CLI 18) denying the Intervenor's Petition for Reconsideration.

This Court has jurisdiction of this matter pursuant to 28 U.S.C. Section 2342.

Venue lies in the Second Circuit pursuant to 28 U.S.C. Section 2343.

The Connecticut Coalition Against Millstone, an organization of statewide safe energy groups, families residing within the five-mile emergency evacuation zone of the Millstone Nuclear Power Station and former employees of the Millstone Nuclear Power Station, was admitted as an intervening party, in the licensing proceedings below. The Connecticut Coalition Against Millstone submits that the U.S. Nuclear Regulatory Commission decision was contrary to law, was not supported by substantial evidence and was arbitrary and capricious. The Connecticut Coalition Against Millstone requests a declaration that the Commission's action was unlawful, an order to convene an evidentiary hearing and any other appropriate relief.

Res ectfully submitted, N a ncrt oh,-Es~q.

147 Lros Highway Redding Ridge CT 06876 Tel. 203-938-3952 Fax 203-938-3168 Fed. Bar No. 10836, ct5550 2

i CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Petition for Review has been served on the following via U.S. Mail, postage pre-paid, on January 6, 2004:

U.S. Nuclear Regulatory Commission Washington DC 20555-0001 Office of the Secretary ATTN: Rulemaking and Adjudication Staff U.S. Nuclear Regulatory Commission Washington DC 20555-0001 Office of Commission Appellate Jurisdiction U.S. Nuclear Regulatory Commission Washington DC 20555-0001 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington DC 20555-0001 David A. Repka, Esq.

Winston & Strawn 1400 L Street NW Washington DC 20005-3502 Office of General Counsel U.S. Nuclear Regulatory Commission Washington DC 20555-0001 J ~~~~~~~~~~

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