NATURAL RESOURCES DEFENSE COUNCIL, INC., and the Sierra Club, Petitioners,
v.
UNITED STATES NUCLEAR REGULATORY COMMISSION and the United States of America, Respondents,
Project Management Corporation, Tennessee Valley Authority, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued November 24, 1982.
Decided December 7, 1982.
Attorney(s) appearing for the Case
Eldon V.C. Greenberg, Washington, D.C., with whom S. Jacob Scherr and Barbara A. Finamore, Washington, D.C., were on the brief, for petitioners.
Sheldon L. Trubatch, Acting Asst. Gen. Counsel, U.S. Nuclear Regulatory Com'n, Washington, D.C., with whom E. Leo Slaggie, Acting Sol. U.S. Nuclear Regulatory Com'n, Washington, D.C., was on the brief, for respondent, U.S. Nuclear Regulatory Com'n.
R. Tenney Johnson, Gen. Counsel, Joseph DiStefano, Asst. Gen. Counsel, Dept. of Energy, Raymond N. Zagone and Jacques B. Gelin, Attys., Dept. of Justice, Leon Silverstrom, Asst. Gen. Counsel, Dept. of Energy, Washington, D.C., were on the brief, for respondent, U.S. Edward J. Shawaker, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for respondent, U.S.
George L. Edgar, Washington, D.C., with whom Thomas A. Schmutz, Frank K. Peterson and Gregg A. Day, Washington, D.C., were on the brief, for intervenor, Project Management Corp.
James E. Fox, Assoc. Gen. Counsel, with whom Herbert S. Sanger, Jr., Gen. Counsel, Lewis E. Wallace, Deputy Gen. Counsel, Thomas C. Doolan, Knoxville, Tenn., were on the brief for intervenor, Tennessee Valley Authority.
Robert L. Baum, Eugene R. Fidell and Marilyn T. Shaw, Washington, D.C., were on the brief, for amicus curiae, urging affirmance.
Before MacKINNON, MIKVA and EDWARDS, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court PER CURIAM.
PER CURIAM:
On December 2, 1982, a per curiam opinion was filed in the instant case, reversing and remanding the record to the Nuclear Regulatory Commission ("NRC" or "Commission") "to hold a prompt adjudicatory hearing strictly limited to the issues presented by the 10 C.F.R. § 50.12 exemption request for the Clinch River Breeder Reactor Plant." Following the issuance of that opinion the panel has, sua sponte...
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