NADER v. NUCLEAR REGULATORY COMMISSION

No. 73-1872.

513 F.2d 1045 (1975)

Ralph NADER and Friends of the Earth, Petitioners, v. NUCLEAR REGULATORY COMMISSION and the United States of America, Respondents, Carolina Power and Light Co. et al., Southern California Edison Co., and San Diego Gas & Electric Co., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 30, 1975.


Attorney(s) appearing for the Case

Anthony Z. Roisman, Washington, D. C., with whom Myron M. Cherry, Chicago, Ill., was on the brief, for petitioners.

Guy H. Cunningham, III, Atty., Atomic Energy Commission, with whom Wallace A. Johnson, Asst. Atty. Gen., Marcus A. Rowden, Gen. Counsel, and Jerome Nelson, Sol., Atomic Energy Commission, and Edmund B. Clark, Atty., Dept. of Justice, were on the brief, for respondents.

George C. Freeman, Jr., Donald P. Irwin, David S. Brollier, Richmond, Va., Arvin E. Upton, Harry H. Voigt and Eugene R. Fidell, Washington D. C., were on the brief for intervenors Carolina Power and Light Company, and others, John J. Adams, Washington, D. C., also entered an appearance for intervenors Carolina Power and Light Co., and others.

C. Hayden Ames, San Francisco, Cal., Rollin E. Woodbury and Alan M. Nedry, Rosemead, Cal., entered appearances for intervenors Southern California Edison Co. and San Diego Gas & Electric Co.

Before McGOWAN, and ROBINSON, Circuit Judges and WEIGEL, United States District Judge for the Northern District of California.


SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

We are summoned to review an order of the Atomic Energy Commission, predecessor of the Nuclear Regulatory Commission,1 denying a petition seeking a shutdown or derating of twenty nuclear power plants licensed for operation in various parts of the Nation. The petition is grounded on the premise that the effectiveness, as safety measures, of the emergency...

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