UNION OF CON. SCIENTISTS v. U.S. NUC. REG. COM'N

No. 82-2053.

735 F.2d 1437 (1984)

UNION OF CONCERNED SCIENTISTS, Petitioner, v. UNITED STATES NUCLEAR REGULATORY COMMISSION and the United States of America, Respondents, Attorney General of Massachusetts, Arkansas Power & Light Co., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 25, 1984.

As Amended July 2, 1984.


Attorney(s) appearing for the Case

William S. Jordan, III, Washington, D.C., with whom Diane Curran and Ellyn R. Weiss, Washington, D.C., were on the brief, for petitioner.

Dan M. Berkovitz, Atty., Nuclear Regulatory Com'n, Washington, D.C., with whom Herzel H.E. Plaine, Gen. Counsel, E. Leo Slaggie, Acting Sol., Mark E. Chopko, Atty., Nuclear Regulatory Com'n, Anne S. Almy and Blake Watson, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents. Michael B. Blume, Atty., Nuclear Regulatory Com'n, and Peter R. Steenland, Atty., Dept. of Justice, Washington, D.C., also entered appearances for respondents.

Robert E. Zahler, Washington, D.C., with whom Hannah E.M. Lieberman, Washington, D.C., was on the brief for intervenor, Arkansas Power & Light Co., et al.

Jo Ann Shotwell, Boston, Mass., was on the brief for intervenor, Atty. Gen. of Mass., Francis X. Bellotti and Stephen M. Leonard, Asst. Atty. Gen., Boston, Mass., also entered appearances for intervenor, Attorney General of Massachusetts.

Before WALD and GINSBURG, Circuit Judges, and MacKINNON, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge WALD.

Dissenting opinion filed by Senior Circuit Judge MacKINNON.

WALD, Circuit Judge:

The Union of Concerned Scientists (UCS) petitions for review of a rule promulgated by the Nuclear Regulatory Commission (NRC or Commission) providing that an atomic safety and licensing board (licensing board) need not consider the results of emergency preparedness exercises in a licensing hearing before authorizing a...

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