UNION OF CONCERNED SCIENTISTS v. U.S. NUCLEAR COM'N

No. 89-1617.

920 F.2d 50 (1990)

UNION OF CONCERNED SCIENTISTS, Petitioner, v. UNITED STATES NUCLEAR REGULATORY COMMISSION and the United States of America, Respondents, Nuclear Management and Resources Council, Inc. and Edison Electric Institute, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 30, 1990.


Attorney(s) appearing for the Case

Diane Curran, with whom Dean R. Tousley, was on the brief, for petitioner.

Carole F. Kagan, Sr. Atty., Nuclear Regulatory Com'n, with whom William C. Parler, Gen. Counsel, John F. Cordes, Jr., Sol., and E. Leo Slaggie, Deputy Sol., Nuclear Regulatory Com'n, and Robert L. Klarquist, Atty., Dept. of Justice, were on the brief, for respondents.

Jay E. Silberg, with whom Thomas A. Baxter, Mindy A. Buren, Robert W. Bishop, and Peter B. Kelsey were on the brief, for intervenors Nuclear Management and Resources Council, Inc. and Edison Elec. Institute.

Before: SILBERMAN, HENDERSON, and RANDOLPH, Circuit Judges.


Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

The Union of Concerned Scientists (UCS) petitions for review of a Nuclear Regulatory Commission (NRC) rule heightening the specificity requirements for pleadings filed by parties seeking to intervene in licensing hearings, 54 Fed.Reg. 33,168 (Aug. 11, 1989). UCS contends that the rule on its face violates the Atomic Energy Act, 42 U.S...

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