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SEACOAST ANTI-POLLUTION v. NUCLEAR REGULATORY COM'N

No. 78-1172.

598 F.2d 1221 (1979)

SEACOAST ANTI-POLLUTION LEAGUE and Audubon Society of New Hampshire, Petitioners, v. NUCLEAR REGULATORY COMMISSION and United States of America, Respondents, Public Service Company of New Hampshire et al., Intervenors.

United States Court of Appeals, First Circuit.

Decided May 30, 1979.

Attorney(s) appearing for the Case

Robert A. Backus, Manchester, N. H., with whom Lawrence R. Hott, and O'Neill, Backus & Spielman, Manchester, N. H., were on brief, for petitioners.

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

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

Harrison A. Fitch, Boston, Mass., on brief, for New Hampshire Voice of Energy, as amicus curiae.

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

LEVIN H. CAMPBELL, Circuit Judge.

This petition for review of a decision of the Nuclear Regulatory Commission (NRC or "Commission"), 28 U.S.C. § 2342(4); 42 U.S.C. § 2239, questions whether the Commission's inquiry into possible alternative sites for the nuclear electric generating plant now being constructed at Seabrook, New Hampshire, was far ranging enough to comply with the National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321-4361.<...

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