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CAROLINA ENVIRON. STUDY GROUP v. UNITED STATES

No. 73-1869.

510 F.2d 796 (1975)

CAROLINA ENVIRONMENTAL STUDY GROUP, Petitioner, v. The UNITED STATES of America and the United States Atomic Energy Commission, Respondents, Duke Power Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 21, 1975.

Attorney(s) appearing for the Case

George S. Daly, Jr., Charlotte, N. C., and Norman B. Smith, Greensboro, N. C., were on the brief for petitioner.

Marcus A. Rowden, Gen. Counsel, Raymond M. Zimmet, Asst. to Sol., Joseph DiStefano, Atty., Atomic Energy Commission, Wallace H. Johnson, Asst. Atty. Gen., Dept. of Justice, Edmund B. Clark and Peter R. Steinland, Attys., Dept. of Justice, were on the brief for respondents.

William H. Grigg, Charlotte, N. C., W. L. Porter, Louisville, Ky., Troy B. Conner, Jr., Joseph B. Knotts, Jr., and J. Michael McGarry, III, Chevy Chase, Md., were on the brief for intervenor.

Before ROBB and WILKEY, Circuit Judges, and MARKEY, Chief Judge, of the United States Court of Customs and Patent Appeals.

MARKEY, Chief Judge:

This is an appeal under 42 U.S.C. § 2239(b) and 28 U.S.C. § 2342 from a decision of the Atomic Safety & Licensing Appeal Board [Appeal Board] of the Atomic Energy Commission [A.E.C.] which resulted in a final order granting Duke Power Company [Duke] a construction license to build two nuclear reactors for generation of electricity. We affirm.

The two nuclear reactors are of the "pressurized water" type1...

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