The COMMONWEALTH OF MASSACHUSETTS, Petitioner,
v.
UNITED STATES of America, and United States Nuclear Regulatory Commission, Respondents.
Public Service Company of New Hampshire, Scientists and Engineers for Secure Energy, Inc., Long Island Lighting Company, Nuclear Management and Resources Council, Inc., and Edison Electric Institute, Intervenors.
UNION OF CONCERNED SCIENTISTS, et al., Petitioners,
v.
UNITED STATES REGULATORY COMMISSION and United States of America, Respondents.
Public Service Company of New Hampshire, Nuclear Management and Resources Council, Inc., Edison Electric Institute, Long Island Lighting Company, Citizens within the 10-Mile Radius, Inc., and Scientists and Engineers for Secure Energy, Inc., Intervenors.
STATE OF NEW YORK, Mario Cuomo, Governor, and County of Suffolk, Petitioners,
v.
UNITED STATES of America and United States Nuclear Regulatory Commission, Respondents.
Public Service Company of New Hampshire, Nuclear Management and Resources Council, Inc., Edison Electric Institute, Long Island Lighting Company, and Scientists and Engineers for Secure Energy, Inc., Intervenors.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard June 8, 1988.
Decided September 6, 1988.
Attorney(s) appearing for the Case
James M. Shannon, Atty. Gen., with whom Stephen A. Jonas, Frank W. Ostrander and John Traficonte, Asst. Attys. Gen., Boston, Mass., were on brief, for petitioner Com. of Mass.
Karla J. Letsche with whom Herbert H. Brown, Jonathan N. Eisenberg, Frederick W. Yette, Kirkpatrick & Lockhart, Washington, D.C., Robert Abrams, Atty. Gen., Alfred L. Nardelli, Asst. Atty. Gen., New York City, Fabian G. Palomino, Sp. Counsel to the Governor, Albany, N.Y., and E. Thomas Boyle, Suffolk Co. Atty., Stony Brook, N.Y., were on brief, for petitioners of New York State, Governor Mario M. Cuomo, and Suffolk County.
Ellyn R. Weiss with whom Diane Curran, Andrea C. Ferster, Anne Spielberg, Dean R. Tousley and Harmon & Weiss, Washington, D.C., were on brief, for petitioners Union of Concerned Scientists, et al.
Robert A. Backus and Backus, Meyer & Solomon, Manchester, N.H., on brief, for intervenor Citizens Within The 10-Mile Radius, Inc.
William H. Briggs, Jr., Sol., with whom William C. Parler, Gen. Counsel, E. Leo Slaggie, Deputy Sol., Peter G. Crane, Counsel for Sp. Projects, Office of the Gen. Counsel, U.S. Nuclear Regulatory Com'n, Roger J. Marzulla, Asst. Atty. Gen., Anne S. Almy, Asst. Chief, Appellate Section, and John T. Stahr, Appellate Section, Land and Natural Resources Div., Dept. of Justice, Washington, D.C., were on brief, for respondents.
Thomas G. Dignan, Jr., George H. Lewald, Deborah S. Steenland and Ropes & Gray, Boston, Mass., on brief, for intervenor Public Service Co. of New Hampshire.
James P. McGranery, Jr., Washington, D.C., on brief, for intervenor Scientists and Engineers for Secure Energy, Inc.
Donald P. Irwin, Lee B. Zeugin, Jessine A. Monaghan, Charles L. Ingebretson and Hunton & Williams, Richmond, Va., on brief, for intervenor Long Island Lighting Co.
Jay E. Silberg, Robert E. Zahler, Delissa A. Ridgway, Shaw, Pittman, Potts & Trowbridge, Robert W. Bishop, Gen. Counsel, Nuclear Management and Resources Council, Inc., Robert L. Baum, Sr. Vice President and Gen. Counsel, Edison Elec. Institute, Washington, D.C., on brief, for intervenors Nuclear Management and Resources Council, Inc., and Edison Elec. Institute.
Before CAMPBELL, Chief Judge, BREYER, Circuit Judge, and ACOSTA, District Judge.
United States Court of Appeals, First Circuit.
LEVIN H. CAMPBELL, Chief Judge.
These consolidated petitions1 are for review of a regulation promulgated by the Nuclear Regulatory Commission ("NRC"). The regulation provides standards by which the NRC, in deciding whether to license a utility to operate a nuclear power plant, evaluates a radiological emergency plan that is prepared by the utility alone because local governments have refused to participate in emergency planning. Petitioners...
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