REYTBLATT v. U.S. NUCLEAR REGULATORY COM'N

No. 95-1578.

105 F.3d 715 (1997)

Dr. Zinovy V. REYTBLATT and Ohio Citizens For Responsible Energy, Petitioners, v. UNITED STATES NUCLEAR REGULATORY COMMISSION, and The United States of America, Respondents, Nuclear Energy Institute, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 7, 1997.

Rehearing Denied April 10, 1997.


Attorney(s) appearing for the Case

Kimberley K. Walley, Washington, DC, with whom Eric R. Glitzenstein was on the briefs, argued the cause for petitioners.

Grace H. Kim, Attorney, U.S. Nuclear Regulatory Commission ("NRC" or "Commission"), Washington, DC, with whom Karen D. Cyr, General Counsel, Washington, DC, John F. Cordes, Jr., Solicitor, and E. Leo Slaggie, Deputy Solicitor, NRC, Rockville, MD, and Jonathan F. Klein, Attorney, U.S. Department of Justice, Washington, DC, were on the brief, argued the cause for respondents. Roger K. Davis, Senior Attorney, NRC, Washington, DC, entered an appearance.

Daniel F. Stenger, Washington, DC, with whom Robert L. Draper, Nicholas S. Reynolds, and Robert W. Bishop were on the brief, argued the cause for intervenor.

Before EDWARDS, Chief Judge, WALD, Circuit Judge, and BUCKLEY, Senior Circuit Judge.


Opinion for the court filed by Senior Judge BUCKLEY.

BUCKLEY, Senior Judge:

Petitioners Dr. Zinovy Reytblatt and Ohio Citizens for Responsible Energy challenge the Nuclear Regulatory Commission's final rule amending the reporting requirements for performance-based containment leakage rate testing by nuclear power plants. Their primary contention is that the Commission acted arbitrarily and capriciously in failing to respond adequately to Dr. Reytblatt's comments...

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