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ALABAMA POWER CO. v. NUCLEAR REGULATORY COM'N

Nos. 81-7547, 81-7580 and 81-7846.

692 F.2d 1362 (1982)

ALABAMA POWER COMPANY, Petitioner, v. NUCLEAR REGULATORY COMMISSION and The United States of America, Respondents.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied January 31, 1983.

Attorney(s) appearing for the Case

Troutman, Sanders, Lockerman & Ashmore, Robert H. Forry, Atlanta, Ga., Balch, Bingham, Baker, Hawthorne, Williams & Ward, S. Eason Balch, Sr., Robert A. Buettner, Albert L. Jordan, Birmingham, Ala., Winthrop, Stimson, Putnam & Roberts, Terence H. Benbow, New York City, for petitioner.

Frederic Freilicher, Robert J. Wiggers, Barry Grossman, Attys., Anti-trust Div., Dept. of Justice, Washington, D.C., for the Dept. of Justice.

Marjorie S. Nordlinger, Michael B. Blume, Attys., James A. Fitzgerald, Asst. Gen. Counsel, N.R.C., Washington, D.C., for the N.R.C.

Goldberg, Fieldman & Letham, Washington, D.C., David C. Hjelmfelt, Fort Collins, Colo., for Municipal Elec. Utility Ass'n of Ala.

Lowenstein, Newman, Reis & Axelrad, J.A. Bouknight, Jr., Washington, D.C., for Edison Elec. Inst.

Volpe, Boskey & Lyons, D. Biard MacGuineas, Bennett Boskey, Washington D.C., for Ala. Elec. Co-op., Inc.

Before HILL and FAY, Circuit Judges, and MORGAN, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied January 31, 1983.

FAY, Circuit Judge:

This is an appeal by the Alabama Power Company (Alabama Power) from a decision by the Atomic Safety and Licensing Appeal Board (Appeal Board) of the Nuclear Regulatory Commission imposing certain conditions on the issuance of an operating license to Alabama Power for the Joseph M. Farley Nuclear Plant, Units 1 and 2. The Appeal Board found that the unconditional licensing of these...

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