CITIES OF STATESVILLE, ET AL., Petitioners,
v.
ATOMIC ENERGY COMMISSION and United States of America, Respondents,
Duke Power Company, Intervenor.
POWER PLANNING COMMITTEE OF the MUNICIPAL ELECTRIC ASSOCIATION OF MASSACHUSETTS et al., Petitioners,
v.
ATOMIC ENERGY COMMISSION and United States of America, Respondents,
Vermont Yankee Nuclear Power Corp., Intervenor.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued November 7, 1968.
Reargued June 26, 1969.
Decided December 5, 1969.
Attorney(s) appearing for the Case
Mr. Joseph O. Tally, Jr., Fayetteville, N. C., with whom Messrs. Jack R. Harris, Statesville, N. C., Morris Chertkov and Worth Rowley, Washington, D. C., were on the brief, for petitioners in No. 21,706.
Mr. George Spiegel, with whom Messrs. Worth Rowley and John C. Scott, Washington, D. C., were on the brief, for petitioners in No. 21,844.
Mr. Marcus A. Rowden, Asst. Gen. Counsel (Solicitor), Atomic Energy Commission, with whom Mr. Charles M. Farbstein, Atty., Atomic Energy Commission, was on the brief, for respondents.
Messrs. Howard K. Shapar, Asst. Gen. Counsel, Licensing & Regulation, Atomic Energy Commission, Robert E. Turtz, Atty., Atomic Energy Commission, Howard E. Shapiro, Attorney, Dept. of Justice, and Asst. Atty. Gen., Edwin M. Zimmerman, at the time the brief was filed, were also on the brief, for respondents. Mr. Thomas F. Engelhardt, Atty., Atomic Energy Commission, also entered an appearance for respondents in No. 21,844.
Mr. Carl Horn, Jr., with whom Messrs. William H. Grigg, Charlotte, N. C., Roy B. Snapp, Carlton A. Harkrader and Wm. Warfield Ross, Washington, D. C., were on the brief, for intervenor in No. 21,706. Mr. Joel E. Hoffman, Washington, D. C., also entered an appearance for intervenor in No. 21,706.
Mr. George H. Lewald, So. Hanover, Mass., of the bar of the Supreme Judicial Court of Massachusetts, pro hac vice, by special leave of court, for intervenor in No. 21,844. Mr. Jerome Ackerman, Washington, D. C., was on the brief for intervenor in No. 21,844.
Before BAZELON, Chief Judge, WILBUR K. MILLER, Senior Circuit Judge, WRIGHT, McGOWAN, TAMM, LEVENTHAL, ROBINSON, MacKINNON and ROBB, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
Reargued en Banc June 26, 1969.
ON REHEARING EN BANC
TAMM, Circuit Judge:
On August 6, 1945, some four square miles of a city were destroyed by a blast from a bomb with the explosive force of 20,000 tons of TNT.1 On August 9, 1945, 39,000 human beings were killed and 25,000 injured in a similar explosion. Five days later a four-year war in the Pacific was over. In November, 1952, an island in mid-Pacific disappeared and...
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