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NAT. ASS'N OF REG. UTIL. COM'RS v. DEPT. OF ENERGY

Nos. 87-1483, 87-1566.

851 F.2d 1424 (1988)

NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS, Petitioner, v. U.S. DEPARTMENT OF ENERGY and United States of America, Respondents. ARKANSAS POWER & LIGHT COMPANY, et al., Petitioners, v. DEPARTMENT OF ENERGY and United States of America, Respondents, The National Association of Regulatory Utility Commissioners, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 28, 1988.

Attorney(s) appearing for the Case

Jay E. Silberg, Washington, D.C., for petitioners Arkansas Power & Light Co., et al.

Charles D. Gray, with whom Paul Rodgers, Washington, D.C., was on the brief, for petitioner Nat. Ass'n of Regulatory Utility Com'rs.

Michael P. Healy, Atty., Dept. of Justice, with whom Roger J. Marzulla, Acting Asst. Atty. Gen., and John A. Bryson, Atty., Dept. of Justice, Washington, D.C., were on the brief, for respondents.

Paul Rodgers and Charles D. Gray, Washington, D.C., entered appearances for intervenor, Nat. Ass'n of Regulatory Utility Com'rs, in No. 87-1566.

Before WALD, Chief Judge, and BUCKLEY and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

These cases arise out of a "Notice" published in the Federal Register by the Department of Energy. The Notice tentatively establishes a method for allocating the costs of developing, constructing, and operating nuclear waste repositories between the government and commercial producers of such waste. The National Association of Regulatory Utility Commissioners (NARUC)...

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