CRITICAL MASS ENERGY PROJECT v. NRC

No. 90-5120.

931 F.2d 939 (1991)

CRITICAL MASS ENERGY PROJECT, Appellant, v. NUCLEAR REGULATORY COMMISSION, and Institute for Nuclear Power Operations, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 30, 1991.


Attorney(s) appearing for the Case

Paul R.Q. Wolfson, with whom David C. Vladeck, Alan B. Morrison and Eric R. Glitzenstein were on the brief, Washington, D.C., for appellant.

Peter R. Maier, Atty., U.S. Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., Leonard Schaitman, Atty., U.S. Dept. of Justice, John Cordes, Sol., Nuclear Regulatory Com'n, and Carolyn F. Evans, Atty., Nuclear Regulatory Com'n, were on the brief, Washington, D.C., for appellee Nuclear Regulatory Com'n.

James D. Miller, Norfolk, Va., with whom Deborah J. Andrews was on the brief, Washington, D.C., for appellee Institute of Nuclear Power Operations.

Before EDWARDS, WILLIAMS and RANDOLPH, Circuit Judges.


Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

Concurring opinion filed by Circuit Judge RANDOLPH, in which Circuit Judge STEPHEN F. WILLIAMS joins.

HARRY T. EDWARDS, Circuit Judge:

This appeal involves a claim under the Freedom of Information Act ("FOIA") regarding certain reports dealing with nuclear power plant safety. The disputed reports are prepared by the Institute for Nuclear Power Operations ("INPO"), a utility consortium;...

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