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COM. EDISON CO. v. U.S. NUCLEAR REG. COM'N

No. 85-2928.

830 F.2d 610 (1987)

COMMONWEALTH EDISON CO., Petitioner, v. UNITED STATES NUCLEAR REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided May 15, 1987.

Rehearing Granted July 9, 1987.

Decided on Rehearing September 1, 1987.

Attorney(s) appearing for the Case

Frederick C. Williams, Washington, D.C., for petitioner.

Irwin B. Rothschild, III, U.S. Nuclear Reg. Comm., Washington, D.C., for respondent.

Before WOOD and COFFEY, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

ESCHBACH, Senior Circuit Judge.

In this case Commonwealth Edison ("Edison") challenges as illegally retroactive a final order of the Nuclear Regulatory Commission ("NRC") requiring Edison to pay fees at the price ceilings established in a 1984 regulation for the NRC's license application review work regarding four nuclear reactors. Edison also challenges the interest and penalty charges applied to the review fee. The NRC argues that we have no jurisdiction because...

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