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COUNTY OF ROCKLAND v. U.S. NUCLEAR REGULATORY COM'N

Nos. 1234, 1324, Dockets 83-4003, 83-4037.

709 F.2d 766 (1983)

COUNTY OF ROCKLAND, Petitioner, v. U.S. NUCLEAR REGULATORY COMMISSION and The United States of America, Respondents, Power Authority of the State of New York and Consolidated Edison Company of New York, Inc., Intervenors-Respondents, New York Public Interest Research Group, Inc. and Union of Concerned Scientists, Intervenors-Petitioners.

United States Court of Appeals, Second Circuit.

Decided May 27, 1983.

Attorney(s) appearing for the Case

Eric Ole Thorsen, Asst. County Atty., County of Rockland, New City, N.Y. (Marc L. Parris, County Atty., County of Rockland, New City, N.Y., of counsel), for petitioner.

Michael B. Blume, U.S. Nuclear Regulatory Com'n, Washington, D.C. (Herzel H.E. Plaine, Gen. Counsel, Peter G. Crane, Acting Asst. Gen. Counsel, E. Leo Slaggie, Acting Sol., U.S. Nuclear Regulatory Com'n, Washington, D.C., Carol E. Dinkins, Asst. Atty. Gen., Albert M. Ferlo, Jr., U.S. Dept. of Justice, Washington, D.C., of counsel), for respondents.

Richard F. Czaja, New York City (David H. Pikus, Denise Y. Turner, Shea & Gould, Brent L. Brandenburg, Patricia M. Fruehling, New York City, of counsel), for intervenors-respondents.

Melvin L. Goldberg, New York City (Ellyn R. Weiss, Washington, D.C., Richard Hartzman, Craig Kaplan, New York City, of counsel), for intervenors-petitioners.

Robert Abrams, Atty. Gen., State of N.Y., Ezra I. Bialik, Steven D. Leipzig, Asst. Attys. Gen., State of N.Y., New York City, amicus curiae.

Before FEINBERG, Chief Judge, LUMBARD and MESKILL, Circuit Judges.

MESKILL, Circuit Judge:

One of the most emotional issues confronting our society today is the adequacy of safety measures at nuclear power facilities. Fueled by the Three Mile Island incident, the debate over nuclear safety persists as public interest groups charge that serious problems remain and operator-utilities seek to assure the public that all reasonable measures have been taken to protect surrounding populations in the event of a major nuclear accident. But...

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