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PROFESSIONAL REACTOR OPERATOR SOC. v. U.S. NRC

No. 90-1120.

939 F.2d 1047 (1991)

PROFESSIONAL REACTOR OPERATOR SOCIETY, et al., Petitioners, v. The UNITED STATES NUCLEAR REGULATORY COMMISSION and the United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided July 23, 1991.

Attorney(s) appearing for the Case

Deborah B. Charnoff, Washington, D.C., for petitioners.

Carolyn F. Evans, Attorney, Nuclear Regulatory Com'n, with whom William C. Parler, General Counsel, John F. Cordes, Jr., Sol. and E. Leo Slaggie, Sp. Counsel, Nuclear Regulatory Com'n, Richard B. Stewart, Asst. Atty. Gen., Evelyn S. Ying and Martin W. Matzen, Attorneys, Dept. of Justice, were on the brief, Washington, D.C., for respondents.

Before RUTH BADER GINSBURG, SILBERMAN and THOMAS, Circuit Judges.

Opinion for the Court filed by Circuit Judge RUTH BADER GINSBURG.

RUTH BADER GINSBURG, Circuit Judge:

This case concerns a rule adopted by the Nuclear Regulatory Commission (NRC or Commission) for the conduct of witness interviews in connection with NRC investigations and inspections of licensed facilities. The rule, titled "Sequestration of Witnesses Under Subpoena/Exclusion of Attorneys," permits: (1) sequestration of subpoenaed witnesses during an interview...

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