SEACOAST ANTI-POLLUTION, ETC. v. NUCLEAR REG. COM'N

No. 81-2146.

690 F.2d 1025 (1982)

SEACOAST ANTI-POLLUTION LEAGUE OF NEW HAMPSHIRE, Petitioner, v. NUCLEAR REGULATORY COMMISSION and United States of America, Respondents, Public Service Company of New Hampshire, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided October 8, 1982.


Attorney(s) appearing for the Case

Robert A. Backus, Manchester, N.H., for petitioner.

Richard P. Levi, Counsel, U.S. Nuclear Regulatory Com'n, Washington, D.C., with whom James A. Fitzgerald, Counsel, Nuclear Regulatory Com'n, and Peter R. Steenland and Anne S. Almy, Attys., U.S. Dept. of Justice, Washington, D.C., were on the brief, for respondents.

Thomas G. Dignan, Jr., Boston, Mass., with whom R. K. Gad, III, Boston, Mass., was on the brief, for intervenor.

Peter G. Crane, Counsel, Nuclear Regulatory Com'n, and Robert L. Klarquist, Atty., U.S. Dept. of Justice, Washington, D.C., also entered appearances for respondents.

Before TAMM, Circuit Judge, THOMAS E. FAIRCHILD, Senior Circuit Judge for the Seventh Circuit, and WILKEY, Circuit Judge.


Opinion filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

The issue in this case is whether the Nuclear Regulatory Commission (the Commission) acted arbitrarily or capriciously in refusing to order a hearing to determine whether construction permits for the Seabrook Nuclear Generating Station should be suspended or revoked pending study of evacuation feasibility for certain areas surrounding the station. Because the Commission's decision not to hold such a...

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