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SIERRA CLUB v. U.S. NUCLEAR REGULATORY COM'N

No. 85-7003.

825 F.2d 1356 (1987)

SIERRA CLUB; Southern California Alliance for Survival Resources Center; and Tim Carpenter, Petitioners, v. UNITED STATES NUCLEAR REGULATORY COMMISSION; and the United States of America, Respondents. Southern California Edison Company and San Diego Gas & Electric Company, Intervenors-Respondents.

United States Court of Appeals, Ninth Circuit.

Submitted November 7, 1985.

Decided August 21, 1987.

Attorney(s) appearing for the Case

Julie E. McDonald, San Francisco, Cal., for petitioners.

Herzel H.E. Plaine, William H. Briggs, Jr., E. Leo Slaggie and Carolyn Jourdan, Washington, D.C., for respondents.

David R. Pigott, San Francisco, Cal., for intervenors-respondents.

Before SNEED and BRUNETTI, Circuit Judges, and HUPP, District Judge.

BRUNETTI, Circuit Judge:

I

FACTS AND PROCEEDINGS BELOW

Petitioners challenge two orders of the Nuclear Regulatory Commission (NRC or Commission) relating to the operation of San Onofre Unit 1 (Unit 1 or SONGS 1), a nuclear reactor located on the California coast near Oceanside. The first of the challenged orders, dated November 21, 1984, permitted restart of Unit 1 which had been shut down since 1982 pursuant to Commission order, for upgrading...

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