In re THREE MILE ISLAND ALERT, INC., et al., Petitioner, No. 85-3301.
In re Commonwealth of Pennsylvania, Petitioner, No. 85-3302.
In re Union of Concerned Scientists, Petitioner, No. 85-3310.
Norman O. AAMODT and Marjorie M. Aamodt, Petitioners, No. 85-3315
v.
UNITED STATES NUCLEAR REGULATORY COMMISSION, Nunzio J. Palladino, Chairman, and United States of America, Respondents,
Metropolitan Edison Co., Jersey Central Power & Light Co., Penna. Electric Co., and GPU Nuclear Corp., Intervenors.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued June 27, 1985.
Decided August 27, 1985.
As Amended September 10, 1985.
Attorney(s) appearing for the Case
Lynne Bernabei (argued), George Shohet, Government Accountability Project, Joanne Doroshow, Washington, D.C., for petitioner Three Mile Island Alert, Inc.
Thomas D. Rees (argued), Deputy Gen. Counsel, Thomas Y. Au, William B. Calder, Maxine Woelfling, Asst. Counsel, Harrisburg, Pa., for petitioner Com. of Pa.
Ellyn R. Weiss (argued), William S. Jordan, Dean R. Tousley, Harmon, Weiss & Jordan, Washington, D.C., for petitioner Union of Concerned Scientists.
Allan Kanner (argued), Allan Kanner and Associates, Philadelphia, Pa., for petitioners Norman O. and Marjorie M. Aamodt.
Herzel H.E. Plaine, Gen. Counsel, William H. Briggs, Jr. (argued), Sol., Irwin B. Rothschild, III, Richard P. Levi, Jack R. Goldberg, U.S. Nuclear Regulatory Com'n, F. Henry Habicht, II, Asst. Atty. Gen., Peter R. Steenland, Jr., Chief, Appellate Section, Robert Klarquist, Land and Natural Resource Div., U.S. Dept. of Justice, Washington, D.C., for respondents.
George F. Trowbridge, Ernest L. Blake, Jr. (argued), James B. Hamlin, Robert E. Zahler, Deborah B. Bauser, Shaw, Pittman, Potts & Trowbridge, Washington, D.C., for intervenors.
Before SEITZ, ADAMS, and STAPLETON, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
STAPLETON, Circuit Judge.
Three Mile Island Nuclear Station has two units, TMI-1 and TMI-21. On March 28, 1979, an accident severely damaged TMI-2. Prior to the accident, TMI-1 had been shut down for normal refueling and maintenance. On July 2, 1979, the Nuclear Regulatory Commission ("NRC") issued an immediately effective order requiring that TMI-1 remain shut down...
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