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SAN LUIS OBISPO MOTHERS FOR PEACE v. U.S. NRC

No. 86-7297.

799 F.2d 1268 (1986)

SAN LUIS OBISPO MOTHERS FOR PEACE and the Sierra Club, Petitioners, v. UNITED STATES NUCLEAR REGULATORY COMMISSION, and the United States of America, Respondents, and Pacific Gas and Electric Company, Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Decided September 11, 1986.

Attorney(s) appearing for the Case

Edwin F. Lowry, Dian M. Grueneich, Grueneich & Lowry, San Francisco, Cal., for petitioners.

Edwin Meese, III, U.S. Dept. of Justice, William H. Briggs, Jr., Nuclear Regulatory Com'n, Richard K. Willard, Dept. of Justice, C. Sebastian Aloot, Nuclear Regulatory Com'n, Washington, D.C., for respondents.

Richard F. Locke, Pacific Gas & Electric Co., San Francisco, Cal., Bruce Norton, Norton, Berry, French & Perkins, Phoenix, Ariz., for respondent-intervenor.

Before MERRILL, NELSON and WIGGINS, Circuit Judges.

NELSON, Circuit Judge:

San Luis Obispo Mothers for Peace and the Sierra Club (petitioners) challenge an order of the Nuclear Regulatory Commission (NRC) granting operating license amendments for Units 1 and 2 of the Diablo Canyon Nuclear Power Plant (Diablo Canyon). The license amendments permit Pacific Gas & Electric Company (PG & E) to expand the capacity of the on-site radioactive spent fuel storage pools at Diablo Canyon. The NRC found that the license...

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