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CRITICAL MASS ENERGY PROJECT v. N.R.C.

No. 86-5647.

830 F.2d 278 (1987)

CRITICAL MASS ENERGY PROJECT, Appellant v. NUCLEAR REGULATORY COMMISSION.

United States Court of Appeals, District of Columbia Circuit.

Decided September 29, 1987.

Attorney(s) appearing for the Case

Eric R. Glitzenstein, with whom David C. Vladeck and Alan B. Morrison were on the brief, for appellant.

Peter R. Maier, Atty., U.S. Dept. of Justice, with whom Richard K. Willard, Asst. Atty. Gen., Joseph E. diGenova, U.S. Atty., and Leonard Schaitman, Atty., U.S. Dept. of Justice, were on the brief, for appellee.

Before RUTH BADER GINSBURG, BUCKLEY, and D.H. GINSBURG, Circuit Judges.

RUTH BADER GINSBURG, Circuit Judge:

In this Freedom of Information Act (FOIA) case, plaintiff Critical Mass Energy Project (CMEP) seeks access to reports prepared by a utility industry consortium and voluntarily transmitted to the Nuclear Regulatory Commission (NRC or Commission). The district court granted the NRC's motion for summary judgment, holding that the reports in question could be withheld pursuant to 5 U.S.C. § 552(b)(4), FOIA's exemption for confidential...

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