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PENNSYLVANIA P. & L. v. OCCUPATIONAL S. & H.R. COM'N

No. 83-3263.

737 F.2d 350 (1984)

PENNSYLVANIA POWER & LIGHT COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Raymond J. Donovan, Secretary of Labor, U.S. Department of Labor, Respondents.

United States Court of Appeals, Third Circuit.

Decided June 15, 1984.

Attorney(s) appearing for the Case

Stephen C. Yohay (argued), Robert E. Williams, McGuiness & Williams, Washington, D.C., for petitioner.

Robert L. Baum, Peter B. Kelsey, Edward H. Comer, William L. Fang, Washington, D.C., for amicus curiae Edison Elec. Institute.

Domenique Kirchner (argued), Francis X. Lilly, Deputy Sol. of Labor, Frank A. White, Associate Sol., for Occupational Safety & Health, Dennis K. Kade, Counsel for Appellate Litigation, Washington, D.C., Marshall H. Harris, Regional Sol., U.S. Dept. of Labor, Philadelphia, Pa., for respondents.

Before HUNTER and BECKER, Circuit Judges, and HOFFMAN, District Judge.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge.

The Occupational Safety and Health Administration ("OSHA") issued a citation charging petitioner Pennsylvania Power & Light Company ("PP & L") with a serious violation of section 5(a)(2) of the Occupational Safety and Health Act of 1970 ("the Act"), 29 U.S.C. § 654(a)(2) (1976). OSHA charged that PP & L had failed to comply with the "grounding" regulations set forth at 29 C.F.R. §...

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