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STATE OF MINN. v. U. S. NUCLEAR REGULATORY COM'N

Nos. 78-1269, 78-2032.

602 F.2d 412 (1979)

STATE OF MINNESOTA, By the MINNESOTA POLLUTION CONTROL AGENCY, Petitioner, v. UNITED STATES NUCLEAR REGULATORY COMMISSION and United States of America, Respondents, Northern States Power Company, Intervenor. NEW ENGLAND COALITION ON NUCLEAR POLLUTION, Petitioner, v. UNITED STATES NUCLEAR REGULATORY COMMISSION and United States of America, Respondents, Vermont Yankee Nuclear Power Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 23, 1979.

Attorney(s) appearing for the Case

Anthony Z. Roisman, Washington, D. C., with whom Karin P. Sheldon, Washington, D. C., was on brief, for petitioner in No. 78-2032.

Jocelyn Furtwangler Olson, Sp. Asst. Atty. Gen., Roseville, Minn., with whom Warren R. Spannaus, Atty. Gen., State of Minnesota, St. Paul, Minn., was on brief, for petitioner in No. 78-1269.

Stephen F. Eilperin, Sol., U. S. Nuclear Regulatory Commission, Washington, D. C., with whom William M. Shields, Atty., U. S. Nuclear Regulatory Commission, Edward J. Shawaker and Michael A. McCord, Attys., Dept. of Justice, Washington, D. C., were on brief, for respondents.

Robert E. Zahler, Washington, D. C., with whom Wm. Bradford Reynolds, Washington, D. C., was on brief, for intervenor in No. 78-1269.

Thomas G. Dignan, Jr., Boston, Mass., with whom R. K. Gad III and Faith S. Hochberg, Boston, Mass., were on brief, for intervenor in No. 78-2032.

James W. Moorman, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., for respondent, United States of America.

Before TAMM, LEVENTHAL and MacKINNON, Circuit Judges.

Opinion for the Court filed by LEVENTHAL, Circuit Judge.

Concurring statement filed by TAMM, Circuit Judge.

LEVENTHAL, Circuit Judge:

Petitioners challenge an order of the Atomic Safety and Licensing Appeal Board (Appeal Board), a unit of the Nuclear Regulatory Commission (NRC). The Appeal Board affirmed initial decisions of Atomic Safety and Licensing Boards (Licensing Boards) granting two operators of nuclear power plants amendments to their operating...

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