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STATE OF OHIO v. NUCLEAR REGULATORY COM'N

Nos. 86-4019, 86-4038 and 86-4037.

814 F.2d 258 (1987)

STATE OF OHIO (86-4019 & 86-4038) and Ohio Citizens for Responsible Energy, Inc. (86-4037), Petitioners, v. NUCLEAR REGULATORY COMMISSION, and United States of America, Respondents, Cleveland Electric Illuminating Company, Duquesne Light Company, Ohio Edison Company, Pennsylvania Power Company, and Toledo Edison Company, Intervenors.

United States Court of Appeals, Sixth Circuit.

Decided March 17, 1987.

Attorney(s) appearing for the Case

David E. Northrop (argued), Sharon Sigler, Asst. Attys. Gen., Columbus, Ohio, for State of Ohio.

Peter Crane, Office of the Gen. Counsel, Washington, D.C., William H. Briggs (argued), for Nuclear Regulatory Comn.

Jay E. Silberg (argued), Shaw, Pittman, Potts, & Trowbridge, Washington, D.C., Charles F. Clarke, Cleveland, Ohio, for Cleveland Elec. Illuminating Co.

Edwin Meese, II, Atty. Gen., Dirk D. Snel, Martin W. Matzen, Appellate Section, Land & Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., for U.S.

John E. Shoop, Painesville, Ohio, for amicus curiae Lake County.

Dale Baich, Cleveland, Ohio, for Ohio Citizens for Responsible Energy, Inc.

Before ENGEL, JONES and RYAN, Circuit Judges.

RYAN, Circuit Judge.

Petitioners seek to overturn three orders of the Nuclear Regulatory Commission (the NRC):

1. Petitioner State of Ohio appeals an order of the NRC denying leave to intervene in licensing proceedings pertaining to the Perry Nuclear Power Plant (the plant);

2. Petitioner Ohio Citizens for Responsible Energy, Inc. (OCRE) appeals an order of the NRC denying its motion to reopen the record in the plant licensing proceedings; and

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