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FT. PIERCE UTILITIES AUTHORITY v. UNITED STATES

Nos. 77-1925, 77-2101.

606 F.2d 986 (1979)

FT. PIERCE UTILITIES AUTHORITY OF the CITY OF FT. PIERCE, et al., Petitioners, v. UNITED STATES of America, and the Nuclear Regulatory Commission, Respondents, Florida Power & Light Co., City of Mount Dora, Florida, City of Lake Helen, Florida, Intervenors. FT. PIERCE UTILITIES AUTHORITY OF the CITY OF FT. PIERCE, et al., Petitioners, v. NUCLEAR REGULATORY COMMISSION and United States of America, Respondents, City of Mount Dora, Florida, Florida Power and Light Co., City of Lake Helen, Florida, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 23, 1979.

As Amended March 23, 1979.

Certiorari Denied October 1, 1979.

Attorney(s) appearing for the Case

Robert A. Jablon, Washington, D. C., for petitioners.

Stephen F. Eilperin, Sol., Nuclear Regulatory Commission, Washington, D. C., with whom James L. Kelley, Acting Gen. Counsel, Nuclear Regulatory Commission, John J. Powers, III, and Andrea Limmer, Attys., U. S. Dept. of Justice, Washington, D. C., were on the brief, for respondents.

J. A. Bouknight, Jr., Washington, D. C., for intervenor, Florida Power and Light Co.

Robert A. Jablon and Daniel Guttman, Washington, D. C., entered appearances for intervenors, City of Mount Dora and City of Lake Helen.

Before WRIGHT, Chief Judge, and McGOWAN and WILKEY, Circuit Judges.

Certiorari Denied October 1, 1979. See 100 S.Ct. 83.

Opinion for the Court filed by McGOWAN, Circuit Judge.

McGOWAN, Circuit Judge:

These consolidated petitions for review present two issues: (1) whether section 186(a) of the Atomic Energy Act (Act) vests the Nuclear Regulatory Commission (NRC or Commission) with antitrust authority over operating licenses for nuclear facilities other than that provided in section 105, and (2) if so, whether section...

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