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STATE OF OHIO EX REL. CELEBREZZE v. N.R.C.

Nos. 86-4085, 86-4107.

868 F.2d 810 (1989)

STATE OF OHIO, ex rel. Anthony J. CELEBREZZE, Jr., (86-4107); Toledo Coalition for Safe Energy, an association; Susan A. Carter, (86-4085), Petitioners, v. NUCLEAR REGULATORY COMMISSION and the United States of America, Respondents, The Toledo Edison Company and Cleveland Electric Illuminating Company, Intervenors.

United States Court of Appeals, Sixth Circuit.

Decided January 27, 1989.

As Amended March 10, 1989.

Attorney(s) appearing for the Case

Terry J. Lodge (argued), Toledo, Ohio, David Northrop and Sharon Sigler, Asst. Attys. Gen., Columbus, Ohio, for petitioners.

Carole F. Kagan (argued), L. Slaggie, James M. Taylor, Director, Office of Inspection & Enforcement, U.S. Nuclear Regulatory Comm., William Briggs, Dick Thornburgh, U.S. Atty. Gen., U.S. Dept. of Justice, Washington, D.C., for respondents.

Jay Silberg (argued), Shaw, Pittman, Potts & Trowbridge, Washington, D.C., for intervenor utilities.

Carole F. Kagan (argued), William Briggs, E. Leo Slaggie, Office of Gen. Counsel, Nuclear Reg. Comm., Washington, D.C., for Nuclear Regulatory Com'n.

Dirk D. Snel, U.S. Dept. of Justice, Washington, D.C., for U.S.

Jay Silberg (argued), Shaw, Pittman, Potts & Trowbridge, Washington, D.C., for Cleveland Elec. Illuminating Co.

Douglas O. Meyer, Ottawa County Pros. Atty., Port Clinton, Ohio, for amicus curiae Ottawa County in support of respondents.

Gary M. Orlow, Toledo, Ohio, for Lucas County in support of respondents.

Before ENGEL, Chief Judge; BOGGS, Circuit Judge; and HILLMAN, Chief District Judge.

ENGEL, Chief Judge.

In October 1986, the Toledo Coalition for Safe Energy and the State of Ohio each petitioned the Nuclear Regulatory Commission [NRC] for a hearing to suspend operation of Davis-Besse Nuclear Power Station [Davis-Besse] due to the alleged inadequacies of that facility's emergency preparedness plan. In November 1986, the Director of the NRC Office of Inspection and Enforcement [Director] denied both petitions. Petitioners now seek our review of the...

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