NUCLEAR INFORMATION RESOURCE SERVICE v. NRC

No. 89-1381.

969 F.2d 1169 (1992)

NUCLEAR INFORMATION RESOURCE SERVICE, et al., Petitioners, v. 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 July 17, 1992.


Attorney(s) appearing for the Case

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

John F. Cordes, Jr., Solicitor, Nuclear Regulatory Com'n, with whom Barry M. Hartman, Acting Asst. Atty. Gen., Ellen J. Durkee, Atty., Dept. of Justice, William C. Parler, Gen. Counsel, E. Leo Slaggie, Deputy Sol., and Carole F. Kagan, Senior Atty., Nuclear Regulatory Com'n, were on the brief, for respondents. Richard B. Stewart, Asst. Atty. Gen., John A. Bryson, Atty., Dept. of Justice, Martin G. Malsch, and Steven F. Crockett also entered appearances for respondents.

Marcus A. Rowden, with whom P. David Richardson, Barton Z. Cowan, Joseph M. Ramirez, and Robert W. Bishop were on the brief, for intervenor. Arthur Lazarus, Jr., also entered an appearance for intervenor.

Dorothy Thompson and Robert Guild entered appearances for amici curiae.

Before MIKVA, Chief Judge; WALD, EDWARDS, SILBERMAN, BUCKLEY, WILLIAMS, D.H. GINSBURG, SENTELLE, HENDERSON, and RANDOLPH, Circuit Judges.


Opinion for the Court filed by Circuit Judge SENTELLE.

Dissenting opinion on the denial of a pre-operational hearing on new safety information filed by Circuit Judge WALD, with whom Chief Judge MIKVA and Circuit Judge HARRY T. EDWARDS join.

Opinion concurring in part and dissenting in part filed by Circuit Judge BUCKLEY.

SENTELLE, Circuit Judge:

We today review en banc a Nuclear Regulatory Commission ("NRC" or "Commission") rule aimed...

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