STATE OF NEW HAMPSHIRE v. ATOMIC ENERGY COMMISSION

No. 7142.

406 F.2d 170 (1969)

The STATE OF NEW HAMPSHIRE, Petitioner, v. ATOMIC ENERGY COMMISSION and United States of America, Vermont Yankee Nuclear Power Corporation, Intervenor.

United States Court of Appeals First Circuit.

Decided January 13, 1969.


Attorney(s) appearing for the Case

R. Peter Shapiro, Sp. Counsel, Concord, N. H., for petitioner.

Marcus A. Rowden, Asst. General Counsel, with whom Joseph F. Hennessey, Gen. Counsel, Howard K. Shapar, Asst. Gen. Counsel, Licensing & Regulation, William C. Parler, Atty., Atomic Energy Commission, Edwin M. Zimmerman, Asst. Atty. Gen., and Seymour H. Dussman, Atty., Dept. of Justice, were on brief, for Atomic Energy Commission and others, respondents.

Warren F. Farr, John A. Ritsher, and Ropes & Gray, Boston, Mass., on brief, for Vermont Yankee Nuclear Power Corp., intervenor.

Before ALDRICH, Chief Judge, and McENTEE and COFFIN, Circuit Judges.


COFFIN, Circuit Judge.

The state of New Hampshire seeks review of an order of the Atomic Energy Commission (AEC), granting a provisional construction permit to the Vermont Yankee Nuclear Power Corporation, organized by ten New England utility companies (applicant), to build a nuclear power reactor at Vernon, Vermont, a site on the Connecticut River, bordering New Hampshire. The permit was issued at the conclusion of a reactor licensing proceeding held under the authority...

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