COMMONWEALTH OF MASSACHUSETTS, et al., Petitioners,
v.
UNITED STATES NUCLEAR REGULATORY COMMISSION and United States of America, Respondents,
Public Service Company of New Hampshire, Towns or Cities of Ashburnham, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued September 18, 1990.
Decided January 25, 1991.
Attorney(s) appearing for the Case
Robert A. Backus, for Seacoast Anti-Pollution League, and John C. Traficonte, Asst. Atty. Gen. for the Com. of Mass., with whom Paul McEachern, for Town of Hampton, N.H., James M. Shannon, Atty. Gen. for the Com. of Mass., and Stephen A. Jonas, Deputy Atty. Gen. for the Com. of Mass., and Diane Curran, for New England Coalition on Nuclear Pollution, were on the joint briefs, for petitioners.
John F. Cordes, Jr., Sol., Nuclear Regulatory Com'n ("NRC"), with whom William C. Parler, Gen. Counsel, NRC, E. Leo Slaggie and John Cho, Sp. Counsel, NRC, Roger Davis, E. Neil Jensen, and Marjorie S. Nordlinger, Attys., NRC, and Richard B. Stewart, Asst. Atty. Gen., Peter R. Steenland and Jeffrey Kehne, Attys., Dept. of Justice, were on the briefs, for respondents. William H. Briggs, Jr. and Carole F. Kagan, Attys., NRC, and Edward J. Shawaker, Martin W. Matzen, and Jacques B. Gelin, Attys., Dept. of Justice, also entered appearances for respondents.
Thomas G. Dignan, Jr., with whom George H. Lewald, and Jeffrey P. Trout, were on the brief, for intervenor Public Service Co. of New Hampshire.
Paul McEachern, was on the brief for intervenor Town of Hampton, Mass., in No. 90-1132.
Stephen S. Ostrach, was on the brief for amicus curiae New England Legal Foundation in No. 90-1132.
Thomas J. Heiden, entered an appearance for intervenor Towns or Cities of Ashburnham, et al., in Nos. 89-1306 and 90-1132.
Judith H. Mizner, entered an appearance for intervenors Town of Newbury, Town of West Newbury, and City of Newburyport in No. 90-1132.
Barbara J. Saint Andre, entered an appearance for intervenor Town of Salisbury in No. 90-1132.
Before BUCKLEY, WILLIAMS and RANDOLPH, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge BUCKLEY.
BUCKLEY, Circuit Judge:
This action consolidates three petitions for review of the Nuclear Regulatory Commission's licensing of Seabrook Nuclear Power Station. Petitioners are the Commonwealth of Massachusetts, the Seacoast Anti-Pollution League ("SAPL"), and the New England Coalition on Nuclear Pollution ("NECNP"), all intervenors in the agency's licensing proceedings...
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