PUBLIC CITIZEN v. NUCLEAR REGULATORY COM'N

No. 89-1017.

901 F.2d 147 (1990)

PUBLIC CITIZEN, et al., Petitioners, v. NUCLEAR REGULATORY COMMISSION and the United States of America, Respondents, Nuclear Utility Management and Resources Council, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 17, 1990.

Rehearing Denied June 15, 1990.


Attorney(s) appearing for the Case

Eric R. Glitzenstein, with whom Diane Curran, David C. Vladeck and Alan B. Morrison, Washington, D.C., were on the brief, for petitioners.

John F. Cordes, Jr., Atty., Nuclear Regulatory Com'n, with whom William C. Parler, Gen. Counsel, E. Leo Slaggie, Sp. Counsel, Nuclear Regulatory Com'n, Edward Shawaker and John Bryson, Attys., Dept. of Justice, were on the brief, for respondents.

William H. Briggs, Jr. and Karla D. Smith, Attys., Nuclear Regulatory Com'n, and David C. Shilton, Atty., Dept. of Justice, Washington, D.C., also entered appearances, for respondents.

John T. Boese, with whom Marcus A. Rowden, Washington, D.C., was on the brief, for intervenor.

Before WALD, Chief Judge, and MIKVA and EDWARDS, Circuit Judges.


Rehearing En Banc Denied June 15, 1990.

Opinion for the Court filed by Chief Judge WALD.

WALD, Chief Judge:

The question presented is whether the United States Nuclear Regulatory Commission must promulgate mandatory instructional requirements for the personnel training programs of civilian nuclear powerplant licensees, or whether the Commission may simply issue a "Policy Statement" that encourages, but does not compel, licensees to

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