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ROCKFORD LEAGUE OF WOMEN VOTERS v. U.S., ETC.

No. 81-1772.

679 F.2d 1218 (1982)

ROCKFORD LEAGUE OF WOMEN VOTERS, Petitioner, v. UNITED STATES NUCLEAR REGULATORY COMMISSION, Respondent. Commonwealth Edison Company, Intervenor-Respondent.

United States Court of Appeals, Seventh Circuit.

Decided June 3, 1982.

As Amended on Denial of Rehearing July 6, 1982.

Attorney(s) appearing for the Case

Peter A. Flynn, Cherry & Flynn, Chicago, Ill., for petitioner.

C. Sebastian Aloot, Nuclear Reg. Comm., Washington, D. C., Paul M. Murphy, Isham, Lincoln & Beale, Chicago, Ill., for respondent.

Before BAUER, Circuit Judge, GIBSON, Senior Circuit Judge, and POSNER, Circuit Judge.

POSNER, Circuit Judge.

This is a petition to review administrative agency inaction: the refusal of the Nuclear Regulatory Commission's Director of Nuclear Reactor Regulation to institute a proceeding to revoke Commonwealth Edison Company's permit to construct a nuclear electrical generating plant at Byron, Illinois.

The permit was granted in 1975 after the NRC staff had reviewed, and a hearing had been conducted pursuant to 42 U.S.C. § 2239(a) on, Commonwealth...

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