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CUOMO v. UNITED STATES NUCLEAR REGULATORY COM'N

No. 85-1042.

772 F.2d 972 (1985)

Mario M. CUOMO, Governor of the State of New York and County of Suffolk, Petitioners, v. UNITED STATES NUCLEAR REGULATORY COMMISSION and United States of America, Respondents, Long Island Lighting Co., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Opinion Filed September 17, 1985.

As Amended September 20, 1985.

Attorney(s) appearing for the Case

Herbert H. Brown, Lawrence Coe Lanpher, Washington, D.C., Karla J. Letsche and Robert Abrams, New York City, were on the emergency motion for stay filed by petitioners.

William H. Briggs, Jr., Solicitor, E. Leo Slaggie, Deputy Solicitor, Herzel H.E. Plaine, Gen. Counsel, Michael B. Blume and Karla D. Smith, Attorneys, Nuclear Regulatory Commission, Washington, D.C., were on the opposition to emergency motion for stay, filed by respondent United States Nuclear Regulatory Commission.

Donald P. Irwin and Robert M. Rolfe, Richmond, Va., on the response to emergency motion for stay, filed by intervenor.

Before WRIGHT, WALD and EDWARDS, Circuit Judges.

Opinion PER CURIAM.

On Petitioners' Emergency Motion for Stay

PER CURIAM:

Petitioners, Mario M. Cuomo, Governor of the State of New York, and Suffolk County, seek an emergency stay of a United States Nuclear Regulatory Commission Licensing Board decision, issued June 14, 1985, which authorizes the issuance of a license for low-power testing (up to five percent of rated power) at the Shoreham Nuclear Power Station. We have closely examined the petitioners...

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