NATURAL RESOURCES, ETC. v. U.S. NUCLEAR REG. COM'N

Nos. 74-1586, 77-1448, 79-2110 and 79-2131.

685 F.2d 459 (1982)

NATURAL RESOURCES DEFENSE COUNCIL, INC. and Consolidated National Intervenors, Petitioners, v. UNITED STATES NUCLEAR REGULATORY COMMISSION and United States of America, Respondents, Baltimore Gas and Electric Co., et al., Intervenors. NATURAL RESOURCES DEFENSE COUNCIL, INC., Petitioner, v. UNITED STATES NUCLEAR REGULATORY COMMISSION and United States of America, Respondents, Baltimore Gas and Electric Company, et al., Commonwealth Edison Company, Pacific Legal Foundation, Intervenors. The STATE OF NEW YORK, Petitioner, v. UNITED STATES NUCLEAR REGULATORY COMMISSION and the United States of America, Respondents, Commonwealth Edison Company, et al., Tennessee Valley Authority, Baltimore Gas and Electric Co., et al., State of Wisconsin, Intervenors. NATURAL RESOURCES DEFENSE COUNCIL, INC., Petitioner, v. UNITED STATES NUCLEAR REGULATORY COMMISSION and United States of America, Respondents, Commonwealth Edison Company, et al., Tennessee Valley Authority, Baltimore Gas and Electric Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 27, 1982.

Rehearing and Rehearing Denied June 30, 1982.

As Amended October 6, 1982.

Certiorari Granted November 29, 1982.


Attorney(s) appearing for the Case

Ronald J. Wilson, Washington, D. C., for Natural Resources Defense Council, petitioner in Nos. 74-1586, 77-1448 and 79-2131. Roger Beers, San Francisco, Cal., also entered an appearance for petitioner, Natural Resources Defense Council.

E. Leo Slaggie, Atty., Nuclear Regulatory Commission, with whom Sanford Sagalkin, Acting Asst. Atty. Gen., David Shilton, Atty. Dept. of Justice, and Stephen F. Eilperin, Sol., Nuclear Regulatory Commission, Washington, D. C., were on the brief, for respondents. George R. Hyde, Edward J. Shawaker and John J. Zimmerman, Attys., Dept. of Justice, Washington, D. C., also entered appearances for respondents.

Ezra I. Bialik, Asst. Atty. Gen., State of New York, New York City, with whom Robert Abrams, Atty. Gen., State of New York, Albany, N. Y., and Bronson C. LaFollette, Atty. Gen. and Patrick Walsh, Asst. Atty. Gen., State of Wisconsin, Madison, Wis., were on the joint brief, for petitioner, State of New York, and intervenor, State of Wisconsin, in No. 79-2110.

Donald P. Irwin and K. Dennis Sisk, Richmond, Va., were on the brief for intervenors Baltimore Gas and Electric Co. et al., in Nos. 74-1586, 77-1448, 79-2110 and 79-2131. George C. Freeman, Jr., Richmond, Va., also entered an appearance for intervenors, Baltimore Gas and Electric Co. et al.

Herbert S. Sanger, Jr., Gen. Counsel, Lewis E. Wallace, Dep. Gen. Counsel, Charles W. Van Beke and M. Elizabeth Culbreth, Knoxville, Tenn., for intervenor Tennessee Valley Authority in Nos. 79-2110 and 79-2131.

James P. McGranery, Jr. and Margaret R. A. Paradis, Washington, D. C., were on the brief for intervenors and amici curiae, Commonwealth Edison Co., in Nos. 74-1586, 77-1448, 79-2110 and 79-2131. Richard D. Cudahy, Washington, D. C., entered an appearance for intervenor, Commonwealth Edison Co.

Ronald A. Zumbrun, Sacramento, Cal., Raymond M. Momboisse, Albert Ferri, Jr., and Lawrence P. Jones, Washington, D. C., entered appearances for intervenor, Pac. Legal Foundation.

Before BAZELON, Senior Circuit Judge, GEORGE CLIFTON EDWARDS, Jr., Circuit Judge for the Sixth Circuit, and WILKEY, Circuit Judge.


Rehearing and Rehearing En Banc Denied June 30, 1982.

Certiorari Granted November 29, 1982. See 103 S.Ct. 443.

Opinion for the Court filed by Senior Circuit Judge BAZELON.

Opinion concurring in part and dissenting in part filed by Circuit Judge GEORGE CLIFTON EDWARDS, Jr.

Dissenting opinion filed by Circuit Judge WILKEY.

PER CURIAM:

Judge Bazelon's opinion constitutes the opinion of the court. Judge George Clifton Edwards, Jr...

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