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UNION OF CONCERNED SCIENTISTS v. ATOMIC ENERGY COM'N

No. 73-1099.

499 F.2d 1069 (1974)

UNION OF CONCERNED SCIENTISTS, Petitioner, v. ATOMIC ENERGY COMMISSION and United States of America, Respondents, Boston Edison Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 10, 1974.

Attorney(s) appearing for the Case

Thomas B. Arnold, Boston, Mass., for petitioner.

Guy H. Cunningham, III, Atty., Atomic Energy Commission, and Jerome Nelson, Sol., Atomic Energy Commission, for respondents.

Wallace H. Johnson, Asst. Atty. Gen., Marcus A. Rowden, Gen. Counsel, Atomic Energy Commission, Harvey S. Price, Atty., Atomic Energy Commission, at the time the brief was filed, and Edmund B. Clark, Atty., Dept. of Justice, were on the brief for respondents. Kent Frizzel, Asst. Atty. Gen. at the time the record was filed, also entered an appearance for respondents.

George H. Lewald, Boston, Mass. and Dale G. Stoodley were on the brief for intervenor. Harold F. Reis, Washington, D. C., entered an appearance for intervenor.

Before BAZELON, Chief Judge, McGOWAN, Circuit Judge and CHRISTENSEN, United States Senior District Judge for the District of Utah.

McGOWAN, Circuit Judge:

The Union of Concerned Scientists (UCS) seeks review of an order of the Atomic Energy Commission (AEC) affirming the Initial Decision of an Atomic Safety and Licensing Board (ASLB) to authorize the issuance of an operating license to intervenor Boston Edison Company (Edison) for its Pilgrim Nuclear Power Station (Pilgrim). UCS assigns ten separate errors, which we deal with sequentially after an introductory section stating so much of the history...

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