DEUKMEJIAN v. N.R.C.

Nos. 81-2034, 81-2035, 83-1073, 84-1042 and 84-1410.

751 F.2d 1287 (1984)

George DEUKMEJIAN, Governor of the State of California, Petitioner, v. NUCLEAR REGULATORY COMMISSION and United States of America, Respondents, Pacific Gas and Electric Company, Intervenor. SAN LUIS OBISPO MOTHERS FOR PEACE, et al., Petitioners, v. NUCLEAR REGULATORY COMMISSION and United States of America, Respondents, Pacific Gas and Electric Company, Intervenor. SAN LUIS OBISPO MOTHERS FOR PEACE, et al., Petitioners, v. NUCLEAR REGULATORY COMMISSION and United States of America, Respondents, Pacific Gas and Electric Company, Intervenor. SAN LUIS OBISPO MOTHERS FOR PEACE, et al., Petitioners, v. NUCLEAR REGULATORY COMMISSION and United States of America, Respondents. Pacific Gas and Electric Company, Intervenor. SAN LUIS OBISPO MOTHERS FOR PEACE; Scenic Shoreline Preservation Conference, Inc.; Ecology Action Club; Sandra Silver; Gordon Silver; Elizabeth Apfelberg; and John J. Forster, Petitioners, v. NUCLEAR REGULATORY COMMISSION and United States of America, Respondents, Pacific Gas and Electric Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 31, 1984.

As Amended December 31, 1984.


Attorney(s) appearing for the Case

Joel R. Reynolds, Los Angeles, Cal., with whom David S. Fleischaker, Washington, D.C., was on the brief, for petitioners in Nos. 81-2034, 81-2035, 83-1073, 84-1042 and 84-1410. Herbert H. Brown, Charles Lee Eisen and Lawrence Coe Lanpher, Washington, D.C., entered appearances for petitioner in No. 81-2034.

William H. Briggs, Jr., Sol., Nuclear Regulatory Com'n, Washington, D.C., with whom Herzel H.E. Plaine, Gen. Counsel, E. Leo Slaggie, Deputy Sol., Nuclear Regulatory Com'n, Peter R. Steenland, Jr., Appellate Section Chief, Dept. of Justice, Jacques B. Gelin, Atty., Dept. of Justice, Richard L. Black, Sheldon L. Trubatch, E. Neil Jensen, Carole F. Kagen, A. Laurence Ralph, and Lawrence J. Chandler, Attorneys, Nuclear Regulatory Com'n, Washington, D.C., were on the brief, for respondents in Nos. 81-2034, 81-2035, 83-1073, 84-1042 and 84-1410. Mark E. Chopko and Richard A. Parrish, Attorneys, Nuclear Regulatory Com'n, Washington, D.C., entered appearances for respondents in Nos. 81-2034, 81-2035 and 83-1073.

William T. Coleman, with whom Malcolm H. Furbush, San Francisco, Cal., Douglas A. Oglesby, Joseph B. Knotts, Jr., Scott M. DuBoff and Daniel F. Stenger, Washington, D.C., were on the brief, for intervenor, Pacific Gas and Electric Co., in Nos. 81-2034, 81-2035, 83-1073, 84-1042 and 84-1410. F. Ronald Laupheimer, Washington, D.C., entered an appearance for intervenor in No. 81-2034 and 81-2035. J. Michael McGarry, III, Washington, D.C., entered an appearance for intervenor in Nos. 81-2034 and 83-1073.

Barton Z. Cowan, Pittsburgh, Pa., was on brief, for amicus curiae, Atomic Industrial Forum, Inc., in No. 84-1410, urging affirmance.

Peter B. Kelsey, Edward H. Coner and William L. Fang, Washington, D.C., were on brief, for amicus curiae, Edison Electric Institute, in No. 84-1410, urging affirmance.

Before WALD and BORK, Circuit Judges, and WILKEY, Senior Circuit Judge.


Opinion for the Court filed by Senior Circuit Judge WILKEY.

Opinion concurring in part and dissenting in part filed by Circuit Judge WALD.

WILKEY, Senior Circuit Judge:

On this appeal we review orders of the Nuclear Regulatory Commission granting licenses for low power and full power operations at the Diablo Canyon Nuclear Power Plant in San Luis Obispo County, California.1 Petitioners are groups and individuals who intervened...

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