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MASS. PUBLIC INTEREST RESEARCH GROUP v. U.S. NRC

No. 87-1865.

852 F.2d 9 (1988)

MASSACHUSETTS PUBLIC INTEREST RESEARCH GROUP, INC., et al., Petitioners, v. UNITED STATES NUCLEAR REGULATORY COMMISSION, Respondent, Commonwealth of Massachusetts and Boston Edison Company, Intervenors.

United States Court of Appeals, First Circuit.

Decided July 15, 1988.

Attorney(s) appearing for the Case

William Abbott with whom Simonds, Winslow, Willis & Abbott, Boston, Mass., was on brief, for petitioners.

George B. Dean, Asst. Atty. Gen., with whom James M. Shannon, Atty. Gen., Boston, Mass., was on brief for intervenor Com. of Mass.

Steven F. Crockett with whom Rochelle M. Gunner, William C. Parler, General Counsel, William H. Briggs, Jr., Sol., E. Leo Slaggie, Deputy Sol., and Laura E. Frossard, Land and Natural Resources Div., Dept. of Justice, Washington, D.C., were on brief for respondent.

R.K. Gad III with whom James B. Levy, Ropes & Gray and William S. Stowe, Boston, Mass., were on brief, for intervenor Boston Edison Co.

Before COFFIN and BOWNES, Circuit Judges, and FUSTE, District Judge.

BOWNES, Circuit Judge.

Petitioners in this case seek judicial review of a decision by the Nuclear Regulatory Commission (NRC or Commission) denying their request for specific enforcement action against the Boston Edison Company (Edison) based on its operation of the Pilgrim Nuclear Power Station (Pilgrim). The Massachusetts Public Interest Research Group, Inc. (MassPIRG), in cooperation with other parties,1 filed a petition with the NRC...

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