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BROOKS v. ATOMIC ENERGY COMMISSION

No. 72-2177.

476 F.2d 924 (1973)

Harriet K. BROOKS et al., Petitioners, v. The ATOMIC ENERGY COMMISSION and United States of America, Respondents, Indiana & Michigan Electric Company and Indiana & Michigan Power Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 8, 1973.

Rehearing Denied April 13, 1973.

Attorney(s) appearing for the Case

Lewis D. Drain, Grand Rapids, Mich., for petitioners with whom Myron M. Cherry, Chicago, Ill., was on the pleadings for petitioners.

Jerome Nelson, Sol. U. S. A. E. C., for respondents with whom Edmund B. Clark, Atty., Dept. of Justice, was on the response for respondents.

Gerald Charnoff, Washington, D. C., for intervenors, Indiana & Michigan Electric Co. and Indiana & Michigan Power Co., with whom Jay E. Silberg, Washington, D. C., was on the response for intervenors.

Before BAZELON, Chief Judge, FAHY, Senior Circuit Judge, and MacKINNON, Circuit Judge.

PER CURIAM:

On March 25, 1969, the Atomic Energy Commission issued two provisional construction permits to the Indiana and Michigan Electric Company and the Indiana and Michigan Power Company (hereinafter Companies) for construction of Units 1 and 2 of the Donald C. Cook Nuclear Plant. In accordance with section 185 of the Atomic Energy Act1 the construction permits for the two units stated the earliest and latest dates for the completion...

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