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CITY OF CLEVELAND v. PUB. UTIL. COMM.

No. 80-233.

64 Ohio St. 2d 209 (1980)

CITY OF CLEVELAND; TOLEDO COALITION FOR SAFE ENERGY ET AL., APPELLANTS, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 23, 1980.

Attorney(s) appearing for the Case

Mr. Terry J. Lodge, for appellants.

Mr. William J. Brown, attorney general, Mr. Marvin I. Resnik and Mr. David M. Neubauer, for appellee.

Messrs. Fuller, Henry, Hodge & Snyder, Mr. Paul M. Smart and Mr. Fred J. Lange, Jr., for intervening appellee Toledo Edison Co.

Messrs. Squire, Sanders & Dempsey, Mr. Alan P. Buchmann, Mr. Kevin T. Duffy, Mr. Alan D. Wright and Mr. Craig I. Smith, for intervening appellee Cleveland Electric Illuminating Co.

Per Curiam.

The first issue for this court's determination is whether the commission is preempted from ordering a shutdown of a nuclear generating plant by the Atomic Energy Act of 1954, as amended, Sections 2011 et seq., Title 42 of the U. S. Code.

Section 2011, Title 42, U. S. Code, states:

"Atomic energy is capable of application for peaceful as well as military purposes. It is therefore declared to be the policy of the United States...

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