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LOWER ALLOWAYS CREEK TP. v. PUBLIC SERVICE ELEC. & GAS CO.

No. 81-2335.

687 F.2d 732 (1982)

The TOWNSHIP OF LOWER ALLOWAYS CREEK, Petitioner, v. PUBLIC SERVICE ELECTRIC & GAS COMPANY, and the United States of America Nuclear Regulatory Commission, Respondents.

United States Court of Appeals, Third Circuit.

Decided August 27, 1982.

Attorney(s) appearing for the Case

Carl J. Valore (argued), Valore, McAllister, Westmoreland & Vesper, Northfield, N. J., for petitioner.

Mark J. Wetterhahn (argued), Robert M. Rader, Conner & Wetterhahn, Washington, D. C. (Richard Fryling, Jr., Newark, N. J., of counsel), for Public Service Electric & Gas Co.

Leonard Bickwit, Jr., Gen. Counsel, James A. Fitzgerald, Asst. Gen. Counsel, Peter R. Steenland, Jr., Chief, Appellate Section, Martha A. Torgow (argued), E. Leo Slaggie, U. S. Nuclear Regulatory Commission, Washington, D. C., Maria Iizuka, Lands & Natural Resources Div., Dept. of Justice, Washington, D. C., for Nuclear Regulatory Commission.

James E. Tierney, Atty. Gen., Rufus E. Brown, Deputy Atty. Gen., Philip Ahrens, Robert S. Frank, Asst. Attys. Gen., Augusta, Me., amicus curiae for the State of Maine.

Before ADAMS and WEIS, Circuit Judges, and CONABOY, District Judge.

OPINION OF THE COURT

ADAMS, Circuit Judge.

We are asked on this appeal to decide whether the National Environmental Policy Act (NEPA) required the Nuclear Regulatory Commission ("NRC" or "Commission") to prepare an Environmental Impact Statement ("EIS") before permitting the licensee of a nuclear generating plant in Salem County, New Jersey, to store additional quantities of spent fuel at the reactor site. The Township...

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