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DUKE POWER CO. v. U.S. DEPT. OF ENERGY

No. 86-1522.

830 F.2d 359 (1987)

DUKE POWER COMPANY, Petitioner, v. U.S. DEPARTMENT OF ENERGY, et al., Respondents.

United States Court of Appeals, District of Columbia Circuit.

October 6, 1987.

Attorney(s) appearing for the Case

Leonard Schaitman and Marc Johnston, Dept. of Justice, Washington, D.C., were on respondents' motion to dismiss.

J. Michael McGarry, III, Washington, D.C., and Steve C. Griffin, Jr., were on petitioner's opposition.

Before STARR and SILBERMAN, Circuit Judges, and McGOWAN, Senior Circuit Judge.

Opinion PER CURIAM.

ON MOTION TO DISMISS

PER CURIAM:

In this case, Duke Power Company ("Duke") challenges final regulations of the United States Department of Energy ("DOE") revising the Department's uranium enrichment services criteria. Duke takes issue with the procedures followed by DOE in promulgating the rules, and challenges the particular aspects of the rules which (1) permit the agency to impose restrictions on the enrichment of uranium of...

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