PUBLIC SERV. CO. v. U. S. NUCLEAR REGULATORY COM'N

No. 77-1419.

582 F.2d 77 (1978)

PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE, Petitioner, v. UNITED STATES NUCLEAR REGULATORY COMMISSION et al., Respondents, Society for the Protection of New Hampshire Forests, Intervenor.

United States Court of Appeals, First Circuit.

Decided June 21, 1978.


Attorney(s) appearing for the Case

Thomas G. Dignan, Jr., Boston, Mass., with whom R. K. Gad III, John A. Ritsher, and Ropes & Gray, Boston, Mass., were on brief, for petitioner.

Harry H. Voigt, James P. McGranery, Jr., Robert S. Faron, LeBoeuf, Lamb, Leiby & MacRae, Washington, D. C., Peter A. Marquardt, Detroit, Mich., and Charles W. Campbell, Plainfield, Ind., on brief for Edison Electric Institute, The Detroit Edison Co., and Public Service Co. of Indiana, amici curiae.

Stephen S. Ostrach, Atty., U. S. Nuclear Regulatory Commission, Washington, D. C., with whom Jerome Nelson, Gen. Counsel, Stephen F. Eilperin, Sol., Richard S. Mallory, Atty., U. S. Nuclear Regulatory Commission, and Peter R. Steenland, Jr., Chief, App. Section Land and Natural Resources Div., U. S. Dept. of Justice, Washington, D. C., were on brief, for respondents.

Robert A. Backus, Manchester, N. H., with whom Harvey N. Winchester, Boston, Mass., and O'Neill, Backus, Spielman & Little, Manchester, N. H., were on brief, for Society for the Protection of New Hampshire Forests, intervenor.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.


BOWNES, Circuit Judge.

Petitioner, Public Service Company of New Hampshire (PSCO), challenges the propriety of the Nuclear Regulatory Commission's1 (Commission) order to reroute certain transmission lines tying the proposed Seabrook Nuclear Power Station (Seabrook) to the New England 345 KV transmission grid. PSCO maintains that the order, drawn so as to minimize environmental injury, is beyond the scope of the Commission's power. PSCO...

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