SHOLLY v. UNITED STATES NUCLEAR REGULATORY COM'N

Nos. 80-1691, 80-1783 and 80-1784.

651 F.2d 780 (1980)

Steven SHOLLY and Donald E. Hossler, Petitioners, v. UNITED STATES NUCLEAR REGULATORY COMMISSION et al. and United States of America, Respondents, Metropolitan Edison Company et al., Intervenors. PEOPLE AGAINST NUCLEAR ENERGY, Petitioner, v. UNITED STATES NUCLEAR REGULATORY COMMISSION; John Ahearne, Victor Gilinsky, Richard T. Kennedy, Joseph M. Hendrie, and Peter A. Bradford, in Their Individual Capacities; and the United States of America, Respondents, Metropolitan Edison Company, Jersey Power & Light Company, and Pennsylvania Electric Company, Intervenors. In Re PEOPLE AGAINST NUCLEAR ENERGY, Petitioner.

United States Court of Appeals, District of Columbia Circuit.

Decided November 19, 1980.

Certiorari Granted May 26, 1981.


Attorney(s) appearing for the Case

Robert Hager, Washington, D. C., with whom Daniel P. Sheehan, Washington, D. C., was on brief, for petitioners.

Stephen F. Eilperin, Sol., U. S. Nuclear Regulatory Commission, Washington, D. C., with whom E. Leo Slaggie, Atty., U. S. Nuclear Regulatory Commission, was on brief, for respondent United States Nuclear Regulatory Commission.

David A. Strauss, Atty., Dept. of Justice, Washington, D. C., with whom James W. Moorman, Asst. Atty. Gen., and Peter R. Steenland, Jr., Atty., Dept. of Justice, Washington, D. C., were on brief, for respondent United States of America. Stanford Sagalkin and Lois Schiffer, Attys., Dept. of Justice, Washington, D. C., also entered appearances for respondent United States of America.

Mark Augenblick, Washington, D. C., with whom George F. Trowbridge and Matias F. Travieso-Diaz, Washington, D. C., were on brief, for intervenors. Robert E. Zahler, Washington, D. C., also entered an appearance for intervenors.

Before WRIGHT, Chief Judge, and MIKVA and EDWARDS, Circuit Judges.


Opinion PER CURIAM.

PER CURIAM:

In this case petitioners seek review of two orders by the Nuclear Regulatory Commission (NRC) permitting the Metropolitan Edison Company to release radioactive gas into the atmosphere from the Three Mile Island nuclear plant.1 The claim here is that the orders issued by the NRC were made effective without affording petitioners their statutory rights to notice and a hearing.

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