CONSOLIDATED EDISON, N.Y. v. U.S. DEPT. OF ENERGY

No. 99-1464.

247 F.3d 1378 (2001)

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., New York Power Authority, Niagara Mohawk Power Corporation, Rochester Gas and Electric Corporation, Arizona Public Service Corporation, Commonwealth Edison Company, Duke Energy Corporation, Entergy Gulf States, Inc., Florida Power Corporation, Florida Power and Light Company, GPU Nuclear, Inc. (on behalf of Jersey Central Power & Light Company, Metropolitan Edison Company, and Pennsylvania Electric Company), Indiana Michigan Power Company, Nebraska Public Power District, PECO Energy Company, Southern California Edison Company, Southern Nuclear Operating Company, Inc., System Fuels, Inc., Texas Utilities Electric Company, Virginia Electric & Power Company, Washington Public Power Supply System, Wisconsin Public Service Corporation, and Wolf Creek Nuclear Operating Corporation (on behalf of Kansas City Power & Light Company, Kansas Electric Power Cooperative, Inc., and Kansas Gas and Electric Company), Plaintiffs-Appellees, v. UNITED STATES, DEPARTMENT OF ENERGY, Department of Energy as Successor to the United States Atomic Energy Commission, and Energy Research and Development Administration, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

DECIDED May 3, 2001.


Attorney(s) appearing for the Case

Daniel R. Murdock, Winston & Strawn, of New York, New York, for plaintiffs-appellees.

Mark W. Pennak, Attorney, Appellate Staff, Civil Division, Department of Justice, of Washington, DC, for defendants-appellant. With him on the brief was Barbara C. Biddle.

Melvin C. Garbow, Arnold & Porter, of Washington, DC, for amicus curiae Sacramento Municipal Utility District. With him on the brief was Howard N. Cayne.

Before RADER, Circuit Judge, PLAGER, Senior Circuit Judge, and GAJARSA, Circuit Judge.


Opinion for the court filed by Circuit Judge RADER. Concurring opinion filed by Senior Circuit Judge PLAGER.

RADER, Circuit Judge.

Consolidated Edison Company of New York and twenty-one other nuclear utilities (collectively, Con Ed) sued the United States, the Department of Energy, and the Energy Research and Development Administration in the United States District Court for the Southern District of New York seeking declaratory judgments and injunctive relief...

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