CITIZENS ASS'N FOR SOUND ENERGY v. U.S. NRC

No. 86-1169.

821 F.2d 725 (1987)

CITIZENS ASSOCIATION FOR SOUND ENERGY, Petitioner, v. U.S. NUCLEAR REGULATORY COMMISSION and United States of America, Respondents, Texas Utilities Electric Co., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 26, 1987.

As Amended June 26, 1987.


Attorney(s) appearing for the Case

Anthony Z. Roisman, with whom Daniel Warshawsky, Washington, D.C., was on the brief, for petitioner.

Charles E. Mullins, Atty., Nuclear Regulatory Commission, with whom William H. Briggs, Jr., Sol., E. Leo Slaggie, Deputy Sol., Nuclear Regulatory Commission, Peter R. Steenland, Jr., Chief, Appellate Section, and Jacques B. Gelin, Atty., Dept. of Justice, Washington, D.C. were on the brief, for respondents. Herzel H.E. Plaine, Atty., Nuclear Regulatory Commission, Washington, D.C., entered an appearance, for respondent.

Nicholas S. Reynolds, with whom Joseph B. Knotts, Jr. and Daniel F. Stenger, Washington, D.C., were on the brief, for intervenor.

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


Opinion for the Court filed by Senior Circuit Judge McGOWAN.

McGOWAN, Senior Circuit Judge:

In this case, the Citizens for Sound Energy ("CASE") petitions this Court to review an order issued by the Nuclear Regulatory Commission ("Commission" or "NRC"). The order denied CASE's request to stay the effectiveness of an NRC Staff order amending a construction permit by the Texas Utilities Electric Company ("TUEC") and to halt further construction at the Comanche...

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