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ECOLOGY ACTION v. UNITED STATES ATOMIC ENERGY COM'N

No. 358, Docket 73-1857.

492 F.2d 998 (1974)

ECOLOGY ACTION and Suzanne Weber, Petitioners, v. UNITED STATES ATOMIC ENERGY COMMISSION, Respondent, and Niagara Mohawk Power Corporation, Intervenor.

United States Court of Appeals, Second Circuit.

Decided February 21, 1974.

Attorney(s) appearing for the Case

Richard I. Goldsmith, Syracuse, N. Y., for petitioners.

Raymond M. Zimmet, Atomic Energy Commission, Washington, D. C. (Marcus A. Rowden, Gen. Counsel, and Jerome Nelson, Sol., Atomic Energy Commission, Washington, D. C., Wallace H. Johnson, Asst. Atty. Gen., Edmund B. Clark, and Raymond N. Zagone, Dept. of Justice, Washington, D. C., of counsel), for respondent.

Lex K. Larson, Washington, D. C. (Arvin E. Upton, E. David Doane, and LeBoeuf, Lamb, Leiby & MacRae, Washington, D. C., of counsel), for intervenor.

Before FRIENDLY and MANSFIELD, Circuit Judges, and ZAMPANO, District Judge.

FRIENDLY, Circuit Judge:

Petitioners here seek to review an order of the Atomic Safety and Licensing Board (ASLB) to which the Atomic Energy Commission (AEC) has delegated its licensing functions, 42 U.S.C. § 2241 and 10 C.F.R. § 2.721. The order, dated April 12, 1973, was made in a proceeding, Docket No. 50-410, entitled "In the Matter of Niagara Mohawk Power Corporation (Nine Mile Point, Unit No. 2)", wherein Niagara Mohawk sought permission to construct...

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