ML030780691

Amended Petition for Review, Dated February 12, 2003

ML030780691
Person / Time
Site:	Indian Point
Issue date:	02/12/2003
From:	Coplan K Boies, Schiller & Flexner, Pace Environmental Litigation Clinic, Riverkeeper
To:	NRC/FSME, US Federal Judiciary, Court of Appeals, 2nd Circuit
References
03-4313, 2.206, DD-02-06
Download: ML030780691 (2)

Text

UNITES STATES COURT OF APPEALS FOR THE SECOND CIRCUIT RIVERKEEPER, INC., )

Petitioner )

)

v. )

)

SAMUEL J.COLLINS, Director, Office of Nuclear )

Reactor Regulation; DR. WILLIAM TRAVERS, )

Executive Director for Operations of the Nuclear ) A.MENDED PETITION Regulatory Commission; UNITED STATES NUCLEAR ) FOR REVIEW REGULATORY COMMISSION; the UNITED STATES )

OF AMERICA; ENTERGY NUCLEAR INDIAN )

POINT 2, LLC; ENTERGY NUCLEAR INDIAN )

POINT 3, LLC; and ENTERGY NUCLEAR )

OPERATIONS, INC. )

Respondents. )

)

Riverkeeper, Inc. (hereinafter "Riverkeeper"), hereby petitions the Court for review of the final Order of Executive Director for Operations of the United States Nuclear Regulatory Commission ("NRC" or "Commission") in a 10 C.F.R. § 2.206 petition for action concerning Indian Point Nuclear Power Station, in which the NRC denied Riverkeeper's administrative petition requesting the immediate shutdown of Indian Point Units 2 & 3, entered on the 18th day of November, 2002, which pursuant to 10 C.F.R. § 2.206 (c) became final on the 1 3 th of December, 2002, twenty-five days after issuance.

Riverkeeper seeks review and reversal of the Director's Decision number DD-02-06, Nuclear Regulatory Commission docket numbers50-003, 50-247, and 50-286 on the grounds that it violates the Atomic Energy Act as amended and constitutes an abuse of the Commission's discretion and a complete abdication of its statutory duty under 42 U.S.C. § 2201(i) "to protect health and to minimize dangers to life or property." Pursuant to 28 U.S.C. § 2343, Riverkeeper seeks review in the Second Circuit Court of Appeals, where petitioner has its principal office.

A true copy of the final order of the Directors Decision, DD-02-06, is attached as Exhibit DATED: White Plains, NY I

February 12, 2003 Karl S. Coplan Pace Environmental Litigation Clinic 78 North Broadway White Plains, NY 10603 William A. Isaacson Boies, Schiller & Flexner 5301 Wisconsin Avenue, Suite 800 Washington DC 20015 Attorneys for Petitioners