GENERAL ELECTRIC URANIUM MANAGEMENT CORPORATION, Petitioner,
v.
UNITED STATES DEPARTMENT OF ENERGY, and Donald P. Hodel, Secretary, United States Department of Energy, and United States of America, Respondents.
GENERAL ELECTRIC URANIUM MANAGEMENT CORPORATION, Appellant
v.
UNITED STATES DEPARTMENT OF ENERGY, et al.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 19, 1985.
Decided June 18, 1985.
Attorney(s) appearing for the Case
John T. Boese, Washington, D.C., with whom Sam E. Fowler and Richard H. Wyron, Washington, D.C., were on the brief, for petitioner/appellant General Elec. Uranium Management Corp. in Nos. 83-2073 and 84-5234.
William G. Cole, Washington, D.C., for respondents/appellees U.S. Dept. of Energy in Nos. 83-2073 and 84-5234. Richard K. Willard, Acting Asst. Atty. Gen., Dept. of Justice, Joseph E. diGenova, U.S. Atty., Robert S. Greenspan and Bruce G. Forrest, Attys. Dept. of Justice, Washington, D.C., were on the brief for respondents/appellees in Nos. 83-2073 and 84-5234. J. Paul McGrath, Dennis G. Linder and Thomas Millett, Atty., Dept. of Justice, Washington, D.C., entered appearances for respondents in No. 83-2073.
Scott T. Maker, Washington, D.C., and Richard J. Davis were on the brief of Westinghouse Elec. Corp., amicus curiae in Nos. 83-2073 and 84-5234, urging affirmance.
Before WALD, EDWARDS and BORK, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court by Circuit Judge EDWARDS.
HARRY T. EDWARDS, Circuit Judge:
Under the Nuclear Waste Policy Act of 1982 ("the Waste Act"),1 the Secretary of Energy is directed to prescribe fees for the disposal of spent nuclear fuel ("SNF"). At issue in this case is a Department of Energy ("DOE") rule setting forth the basis upon which the agency will compute a one-time fee for fuel spent to generate electricity prior to April...
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