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DUKE POWER CO. v. U.S. NUCLEAR REG. COM'N

No. 84-1866.

770 F.2d 386 (1985)

DUKE POWER COMPANY, Petitioner, v. UNITED STATES NUCLEAR REGULATORY COMMISSION, and United States of America, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided June 24, 1985.

Attorney(s) appearing for the Case

J. Michael McGarry, III, Washington, D.C. (David A. Repka, Bishop, Liberman, Cook, Purcell & Reynolds, Washington, D.C., Steven C. Griffith, Jr., Albert V. Carr, Jr., Washington, D.C., Ronald V. Shearin, on brief), for petitioner.

Peter G. Crane, U.S. Nuclear Regulatory Com'n, Washington, D.C. (Herzel H.E. Plaine, Gen. Counsel, William H. Briggs, Jr., Sol., Peter R. Steenland, Jr., Chief, Appellate Section, Jacques B. Gelin, Land & Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., on brief), for respondents.

Before RUSSELL, HALL and PHILLIPS, Circuit Judges.

PER CURIAM.

The petitioner, Duke Power Company (Duke), seeks review under 28 U.S.C. § 2342(4) (1983) of a decision of the Nuclear Regulatory Commission (Commission) denying its request for exemption from the Commission's requirements for a near-site Emergency Operations Facility (EOF) at any nuclear power plant. Duke proposed to place the EOF for its Oconee Nuclear Plant, located in Oconee County, South Carolina, at a distance from the Plant considerably greater...

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