NEW ENGLAND COALITION v. U. S. NUCLEAR, ETC.

Nos. 77-1219, 77-1306, 77-1342 and 78-1013.

582 F.2d 87 (1978)

NEW ENGLAND COALITION ON NUCLEAR POLLUTION, Petitioner, v. UNITED STATES NUCLEAR REGULATORY COMMISSION et al., Respondents, Public Service Company of New Hampshire et al., Intervenors.

United States Court of Appeals, First Circuit.

Decided August 22, 1978.


Attorney(s) appearing for the Case

Karin P. Sheldon, Washington, D. C., with whom Sheldon, Harmon & Roisman, Washington, D. C., was on brief, for petitioner.

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

Thomas G. Dignan, Jr., Boston, Mass., with whom R. K. Gad, III, Ropes & Gray, and John A. Ritsher, Boston, Mass., were on brief, for intervenors Public Service Company of New Hampshire and New England Power Company.

Harrison A. Fitch and Peter D. Kinder, New England Legal Foundation, Boston, Mass, Albert Ferri, Jr., and Lawrence P. Jones, Washington, D. C., on brief, for intervenor, New Hampshire Voice of Energy.

Robert A. Backus, Manchester, N. H., with whom O'Neill, Backus & Spielman, Manchester, N. H., was on brief, for intervenor-appellants, Seacoast Anti-Pollution League and Audubon Society of New Hampshire.

Ellyn R. Weiss, Sp. Asst. Atty. Gen., Environmental Protection Div., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Boston, Mass., was on brief, for intervenor, Commonwealth of Massachusetts.

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


COFFIN, Chief Judge.

This latest episode in our continuing review of agency decisions concerning the proposed nuclear power plant at Seabrook, New Hampshire, is before us on four petitions for review of decisions of the Nuclear Regulatory Commission (NRC or Commission). Each petition has been brought by the New England Coalition on Nuclear Pollution (NECNP). We have granted motions to intervene made by the Commonwealth of Massachusetts and the Seacoast Anti-Pollution...

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