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AESCHLIMAN v. UNITED STATES NUCLEAR REG. COM'N

Nos. 73-1776, 73-1867.

547 F.2d 622 (1976)

Nelson AESCHLIMAN et al., Petitioners, v. UNITED STATES NUCLEAR REGULATORY COMMISSION and United States of America, Respondents, Consumers Power Co., a Michigan Corp., Intervenor. SAGINAW VALLEY NUCLEAR STUDY GROUP et al., Petitioners, v. UNITED STATES NUCLEAR REGULATORY COMMISSION and United States of America, Respondents, Consumers Power Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 21, 1976.

Certiorari Granted February 22, 1977.

Attorney(s) appearing for the Case

Myron M. Cherry, Chicago, Ill., with whom Robert L. Graham, Chicago, Ill., was on the brief for petitioners in No. 73-1867 argued for all petitioners.

James L. Kelley, Atty., Nuclear Regulatory Commission, Washington, D. C., with whom Wallace H. Johnson, Asst. Attorney General, Marcus A. Rowden, Gen. Counsel, Nuclear Regulatory Commission, Raymond M. Zimmet, Assistant to the Solicitor, Nuclear Regulatory Commission. Edmund B. Clark, Jacques B. Gelin and Lawrence E. Shearer, Attys., Dept. of Justice, Washington, D. C., were on the brief for respondents.

Harold F. Reis, Washington, D. C., with whom J. A. Bouknight, Jr., Washington, D. C., was on the brief for intervenor Consumers Power Co.

Howard J. Vogel, St. Paul, Minn., was on the brief for petitioners in No. 73-1776.

William H. Ward, Wichita, Kan., filed a brief on behalf of the State of Kansas as amicus curiae urging reversal.

Before BAZELON, Chief Judge, FAHY, Senior Circuit Judge, and JUSTICE, United States District Judge for the Eastern District of Texas.

Opinion for the Court filed by Chief Judge BAZELON.

BAZELON, Chief Judge:

These cases involve consolidated petitions for review of orders of the U.S. Atomic Energy Commission granting construction permits for two pressurized water nuclear reactors to generate electricity and steam.1

The applicant, Consumers Power Company [Consumers] made its initial application in January, 1969, under the Atomic Energy Act of 1954, as amended...

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