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SHOREHAM-WADING RIVER CENT. SCHOOL D. v. U.S. NRC

No. 90-1241.

931 F.2d 102 (1991)

SHOREHAM-WADING RIVER CENTRAL SCHOOL DISTRICT and Scientists and Engineers for Secure Energy, Inc., Petitioners, v. U.S. NUCLEAR REGULATORY COMMISSION and United States of America, Respondents, Long Island Lighting Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 30, 1991.

As Amended April 30, 1991.

Attorney(s) appearing for the Case

James P. McGranery, Jr., Washington, D.C., for petitioners.

Charles E. Mullins, 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, Richard B. Stewart, Asst. Atty. Gen., Edward J. Shawaker, Asst. Chief and Andrew C. Mergen, Atty., Dept. of Justice, were on the brief, for respondents.

Donald P. Irwin, with whom W. Taylor Reveley, III was on the brief, Richmond, Va., for intervenor.

Samuel A. Cherniak was on the brief, New York City, for amicus curiae.

Before EDWARDS, WILLIAMS and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

The Shoreham Nuclear Power Station is all dressed up with no place to go. For more than two decades, the Long Island Lighting Company ("Lilco") battled citizens, environmental groups, and federal, state, and local authorities for the right to build and operate the plant. Only a few days before the April 21, 1989 issuance of a full-power operating license by...

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