PORTER COUNTY CHAPTER v. NUCLEAR REG. COM'N

Nos. 78-1556, 78-1559 to 78-1561.

606 F.2d 1363 (1979)

PORTER COUNTY CHAPTER OF the IZAAK WALTON LEAGUE OF AMERICA, INC., et al., Petitioners, v. The NUCLEAR REGULATORY COMMISSION and the United States of America, Respondents, Northern Indiana Public Service Co., Intervenor. The PEOPLE OF the STATE OF ILLINOIS, Petitioner, v. The NUCLEAR REGULATORY COMMISSION and the United States of America, Respondents, Northern Indiana Public Service Co., Intervenor. The CITY OF GARY, INDIANA, Petitioner, v. The UNITED STATES NUCLEAR REGULATORY COMMISSION and the United States of America, Respondents, Northern Indiana Public Service Co., Intervenor. The LAKE MICHIGAN FEDERATION, Petitioner, v. The UNITED STATES NUCLEAR REGULATORY COMMISSION and United States of America, Respondents, Northern Indiana Public Service Co., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided September 6, 1979.


Attorney(s) appearing for the Case

Robert J. Vollen, Atty., Chicago, Ill., with whom William J. Scott, Atty. Gen. of the State of Illinois, Robert L. Graham, Atty., Russell R. Eggert, Dean Hansell, Susan N. Sekuler, Asst. Attys. Gen., and Richard L. Robbins, Atty., Chicago, Ill., were on the brief for petitioners.

Peter G. Crane, Atty., U. S. Nuclear Regulatory Commission, Washington, D. C., with whom James L. Kelley, Acting Gen. Counsel, Stephen F. Eilperin, Sol., Anthony C. Liotta, Acting Asst. Atty. Gen., and Nancy Firestone, Atty., Dept. of Justice, Washington, D. C., were on the brief for respondents.

Charles A. Horsky, Atty., Washington, D. C., with whom Maurice Axelrad, Washington, D. C., were on the brief for intervenor Northern Indiana Public Service Company.

Michael I. Swygert, Atty., Chicago, Ill., also entered an appearance for appellant The City of Gary, Indiana in case No. 78-1560.

Before LEVENTHAL, ROBB and WILKEY, Circuit Judges.


Opinion for the Court filed by Circuit Judge LEVENTHAL.

LEVENTHAL, Circuit Judge:

These petitions for review filed by environmental and citizen groups and state and local governments1 bring to this court a challenge to the procedure by which the Nuclear Regulatory Commission (NRC) passes on a request to institute an adjudicatory proceeding to suspend and revoke a permit to construct a nuclear power plant.

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