BELLOTTI v. UNITED STATES NUCLEAR REGULATORY COM'N

No. 82-1932.

725 F.2d 1380 (1983)

Francis X. BELLOTTI, Attorney General of the Commonwealth of Massachusetts, Petitioner, v. UNITED STATES NUCLEAR REGULATORY COMMISSION and United States of America, Respondents, Boston Edison Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided September 23, 1983.

Amended October 7, 1983.


Attorney(s) appearing for the Case

Jo Ann Shotwell, Asst. Atty. Gen. of the Com. of Mass., Boston, Mass., for petitioner.

Francis X. Bellotti, Atty. Gen. of the Com. of Mass., Paula W. Gold, Stephen M. Leonard and James R. Gomes, Asst. Attys. Gen. of the Com. of Mass., Boston, Mass., were on the brief, for petitioner.

G. Paul Bollwerk, III, Atty., N.R.C., Washington, D.C., with whom E. Leo Slaggie, Acting Sol., Mark E. Chopko and John F. Klucsik, Attys., N.R.C., Dirk D. Snel and Nancy B. Firestone, Attys., 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., were on the brief, for intervenor.

Before WRIGHT and BORK, Circuit Judges, and MacKINNON, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge BORK.

Dissenting opinion filed by Circuit Judge J. SKELLY WRIGHT.

BORK, Circuit Judge:

Before us for review is an order of the Nuclear Regulatory Commission ("NRC" or "Commission") denying a petition by the Attorney General of the Commonwealth of Massachusetts to intervene in an NRC enforcement proceeding. The proceeding modified Boston Edison Company's license...

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