FLORIDA POWER & LIGHT COMPANY, et al., Petitioners,
v.
UNITED STATES of America and Nuclear Regulatory Commission, Respondents.
WISCONSIN ELECTRIC POWER COMPANY, et al., Petitioners,
v.
UNITED STATES of America and Nuclear Regulatory Commission, Respondents.
ARKANSAS POWER & LIGHT COMPANY, et al., Petitioners,
v.
UNITED STATES of America and Nuclear Regulatory Commission, Respondents.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued September 21, 1987.
Decided May 13, 1988.
Attorney(s) appearing for the Case
Harold F. Reis, with whom Thomas A. Schmutz, Washington, D.C., was on the brief for petitioners Florida Power & Light Co., et al. Michael F. Healy and Ernest C. Baynard, Washington, D.C., also entered an appearance, for Florida Power & Light Co.
Jay E. Silberg, Washington, D.C., was on the brief, for petitioners Wisconsin Elec. Power Co., et al.
Joseph B. Knotts, Jr. and Scott M. DuBoff, Washington, D.C., were on the brief, for petitioners Arkansas Power & Light Co., et al.
Irwin B. Rothschild, III, Deputy Asst. Gen. Counsel, Nuclear Regulatory Com'n with whom William C. Parler, Gen. Counsel, William H. Briggs, Sol., E. Leo Slaggie, Deputy Sol., Nuclear Regulatory Com'n, Peter R. Steenland, Jr., Jacques B. Gelin and Kathleen P. Dewey, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents. Dirk D. Snel, Atty. Dept. of Justice, Washington, D.C., also entered an appearance, for respondents.
Michael A. Bauser, Washington, D.C., was on the brief, for amicus curiae The Committee on Nuclear Technology, et al., urging remand.
Before RUTH BADER GINSBURG, STARR and NIES, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge NIES.
Dissenting opinion filed by Circuit Judge STARR.
NIES, Circuit Judge:
In three consolidated cases, thirty-one nuclear power reactor licensees (petitioners) seek to invalidate a final rule entered on September 16, 1986, by the Nuclear Regulatory Commission ("NRC" or "Commission"), which imposes a uniform "Annual Fee" on those licensees for the fiscal year 1987. "Annual Fee for Power Reactor Operating...
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