NORTHERN STATES POWER COMPANY v. STATE OF MINNESOTA

No. 3-69-Civ-185.

320 F.Supp. 172 (1970)

NORTHERN STATES POWER COMPANY, Plaintiff, v. The STATE OF MINNESOTA, the Minnesota Pollution Control Agency and Robert Tuveson, Howard Anderson, John Borchert, Milton J. Fellows, Steve J. Gadler, Mace Harris, Homer Luick, Mrs. R. C. Nelson and F. Wayne Packard, individually and as members of the Minnesota Pollution Control Agency, and director and secretary of the Minnesota Pollution Control Agency, Defendants.

United States District Court, D. Minnesota, Third Division.

December 22, 1970.


Attorney(s) appearing for the Case

Edward J. Schwartzbauer, William J. Hempel, Donald E. Nelson, Minneapolis, Minn., for plaintiff.

Douglas M. Head, Atty. Gen. of Minnesota, St. Paul, Minn., Sid P. Gislason, New Ulm, Minn., and G. Robert Johnson, Minneapolis, Minn., Sp. Asst. Attys. Gen., for defendants.


MEMORANDUM & DECLARATION

DEVITT, Chief Judge.

The issue in this Declaratory Judgment Action is whether the Atomic Energy Commission's authority to regulate radioactive releases by nuclear power plants is exclusive so as to preclude state action.

The plaintiff is a public utility producing and delivering electrical power in the states of Minnesota, North Dakota, South Dakota and Wisconsin. Upon the grant of a permit from the Atomic Energy Commission...

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