No. 82-1581.

727 F.2d 1127 (1984)

NEW ENGLAND COALITION ON NUCLEAR POLLUTION, et al., Petitioners, v. NUCLEAR REGULATORY COMMISSION and The United States of America, Respondents, Carolina Power & Light Co., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 7, 1984.

Attorney(s) appearing for the Case

William S. Jordan, III, Washington, D.C., with whom Diane Curran, Washington, D.C., was on the brief, for petitioners.

Marjorie S. Nordlinger, Atty., N.R.C., Washington, D.C., with whom E. Leo Slaggie, and Kay L. Richman, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents.

James B. Hamlin, Washington, D.C., with whom Jay E. Silberg, Washington, D.C., was on the brief, for intervenor.

Before MIKVA, EDWARDS, and SCALIA, Circuit Judges.

Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

The New England Coalition on Nuclear Pollution (NECNP) and others — including Kansans for Sensible Energy (Kansas being a state where an application for a license to operate a nuclear generating station is currently pending) — petition under 28 U.S.C. § 2342(4) (1976) for review of a rule of the Nuclear Regulatory Commission. Elimination of Review of Financial...

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