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EDDLEMAN v. NUCLEAR REGULATORY COM'N

No. 87-1018.

825 F.2d 46 (1987)

Wells EDDLEMAN; The Coalition for Alternatives to Shearon Harris; The Conservation Council of North Carolina, Petitioners, v. NUCLEAR REGULATORY COMMISSION; United States of America; Carolina Power and Light Company; North Carolina Eastern Municipal Power Agency, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided August 10, 1987.

Attorney(s) appearing for the Case

Robert Epting (Epting & Hackney, John D. Runkle, Wells Eddleman, pro se, on brief), for petitioners.

George Paul Bollwerk, III, Office of the Gen. Counsel, U.S. Nuclear Regulatory Com'n (William C. Parler, Gen. Counsel, William H. Briggs, Jr., Sol., E. Leo Slaggie, Deputy Sol., Edward J. Shawaker, Jr., Asst. Chief, Appellate Section, Land and Natural Resources Div., U.S. Dept. of Justice, Vicki L. Plaut, on brief), Thomas A. Baxter (Delissa A. Ridgway, Wilbert Washington, II, Shaw, Pittman, Potts & Trowbridge, Richard E. Jones, Dale E. Hollar, Carolina Power & Light Co., on brief), for respondents.

Before PHILLIPS, and CHAPMAN, Circuit Judges, and BRITT, United States District Judge for the Eastern District of North Carolina, sitting by designation.

CHAPMAN, Circuit Judge:

This petition for review concerns the approval by the Nuclear Regulatory Commission of a licensing board's decision to grant the Shearon Harris Nuclear Power Plant a full operating license. The petitioners contend that they were wrongly denied fair notice and a full opportunity to address the Commission at its "immediate effectiveness" review, that they were wrongly denied a full adjudicatory hearing on the merits of their "2.206 petition"...

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