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COM. OF MASS. v. U.S. NUCLEAR REGULATORY COM'N

No. 88-2211.

878 F.2d 1516 (1989)

COMMONWEALTH OF MASSACHUSETTS, Petitioner, v. UNITED STATES NUCLEAR REGULATORY COMMISSION and United States of America, Respondents.

United States Court of Appeals, First Circuit.

Decided June 29, 1989.

Attorney(s) appearing for the Case

Stephen A. Jonas, Deputy Atty. Gen., Chief, Public Protection Bureau, with whom James M. Shannon, Atty. Gen., and John Traficonte, Asst. Atty. Gen., Chief, Nuclear Safety Unit, were on brief, for petitioner.

Carole F. Kagan, Sr. Atty., with whom William C. Parler, Gen. Counsel, William H. Briggs, Jr., Sol., E. Leo Slaggie, Deputy Sol., and Jeffrey P. Kehne, Land and Natural Resources Div., Dept. of Justice, were on brief, for respondents.

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

Before BOWNES and BREYER, Circuit Judges, and GRAY, Senior District Judge.

BOWNES, Circuit Judge.

Petitioner, the Commonwealth of Massachusetts, requests that we set aside three actions taken by the respondents, the United States and the United States Nuclear Regulatory Commission (collectively, NRC or Commission), with respect to the operation of Pilgrim Nuclear Power Station (Pilgrim) by the Boston Edison Company (Edison), which is an intervenor in this action. NRC and Edison moved to dismiss the petition on jurisdictional grounds. For...

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