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AMERICAN PUBLIC POWER ASS'N v. U.S. NRC

No. 92-1061.

990 F.2d 1309 (1993)

AMERICAN PUBLIC POWER ASSOCIATION, et al., Petitioners, v. U.S. NUCLEAR REGULATORY COMMISSION, Respondent, Electric Utilities, et al., Springfield City Utilities, Entergy Operations, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 13, 1993.

Attorney(s) appearing for the Case

Ben Finkelstein, with whom Robert A. Jablon, Cynthia S. Bogorad, and Russell F. Smith, III, Washington, DC, were on the brief, for petitioners and intervenor Springfield City Utilities.

Grace H. Kim, Atty., U.S. Nuclear Regulatory Com'n, Washington, DC, with whom William C. Parler, Gen. Counsel, John F. Cordes, Jr., Solicitor, and E. Leo Slaggie, Deputy Sol., U.S. Nuclear Regulatory Com'n, Rockville, MD, and Charles A. James, Acting Asst. Atty. Gen., John J. Powers, III, and Marion L. Jetton, Attys., Dept. of Justice, Washington, DC, were on the brief, for respondent. David Seidman, Atty., Dept. of Justice, Washington, DC, and Marjorie S. Nordlinger, Atty., U.S. Nuclear Regulatory Com'n, Rockville, MD, also entered appearances for respondent.

Kathryn M. Kalowsky, Harold F. Reis, Joseph B. Knotts, Jr., Jay E. Silberg, Mitchell S. Ross, and John E. Matthews, Washington, DC, were on the brief for intervenors Alabama Power Co., et al.

Before: SILBERMAN, WILLIAMS, and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Petitioners (power generators and municipalities that compete with nuclear power plants) seek review of the NRC regulations interpreting the antitrust review provisions of the Atomic Energy Act. The NRC provided for such review only when new licenses are issued — not, as petitioners assert it must, when licenses are renewed. We deny the petition.

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