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NUCLEAR INFO. & RESOURCE SERV. v. U.S. REG. COM'N

No. 89-1381.

918 F.2d 189 (1990)

NUCLEAR INFORMATION AND RESOURCE SERVICE, et al., Petitioners, v. UNITED STATES NUCLEAR REGULATORY COMMISSION and United States of America, Respondents, Nuclear Management and Resources Council, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided November 2, 1990.

Attorney(s) appearing for the Case

Eric R. Glitzenstein, with whom Dean R. Tousley was on the brief, for petitioners. William B. Schultz, Alan B. Morrison, Diane Curran and James M. Shannon also entered appearances for petitioners.

Steven F. Crockett, Atty., U.S. Nuclear Regulatory Com'n, with whom William C. Parler, Gen. Counsel, John F. Cordes, Jr., Sol., Martin G. Malsch, Deputy Gen. Counsel, and E. Leo Slaggie, Deputy Sol., U.S. Nuclear Regulatory Com'n, Anne S. Almy, Asst. Chief, Appellate Section, Environmental and Natural Resources Div., and Ellen J. Durkee, Atty., U.S. Dept. of Justice, were on the brief, for respondents. John A. Bryson, Atty., U.S. Dept. of Justice, also entered an appearance for respondents.

Barton Z. Cowan, with whom Joseph M. Ramirez, Robert W. Bishop, Marcus A. Rowden and P. David Richardson were on the brief, for intervenor.

Dorothy Thompson was on the brief for amicus curiae urging that the new rule be overturned. Robert Guild also entered an appearance for amicus curiae.

Before WALD, Chief Judge, SENTELLE and THOMAS, Circuit Judges.

Opinion for the Court filed by Chief Judge WALD.

WALD, Chief Judge:

Petitioners seek review of regulations promulgated by the Nuclear Regulatory Commission that substantially revise the licensing procedures for nuclear power plants. In part, the regulations shorten and streamline the licensing process by "frontloading" the required hearings, that is, by increasing the number of issues decided earlier in the process. Petitioners challenge these regulations...

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