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NO. CAL. POWER AGENCY v. NUCLEAR REGULATORY COM'N

No. 03-1038.

393 F.3d 223 (2004)

NORTHERN CALIFORNIA POWER AGENCY, Petitioner v. NUCLEAR REGULATORY COMMISSION and United States of America, Respondents The City of Santa Clara, California and Pacific Gas and Electric Company, Intervenors

United States Court of Appeals, District of Columbia Circuit.

Decided December 28, 2004.

Attorney(s) appearing for the Case

Robert C. McDiarmid argued the cause for petitioner. With him on the briefs were Ben Finkelstein and Andrea G. Lonian.

Grace H. Kim, Attorney, U.S. Nuclear Regulatory Commission, argued the cause for respondents. With her on the brief were Robert B. Nicholson, Assistant Chief, U.S. Department of Justice, Robert J. Wiggers, Attorney, Karen D. Cyr, General Counsel, U.S. Nuclear Regulatory Commission, John F. Cordes, Jr., Solicitor, and E. Leo Slaggie, Deputy Solicitor.

David A. Repka argued the cause and filed the brief for intervenor Pacific Gas and Electric Company. Brooke D. Poole entered an appearance.

Before: RANDOLPH, ROGERS, and ROBERTS, Circuit Judges.

RANDOLPH, Circuit Judge.

Northern California Power Agency ("NCPA") asks us to vacate an order of the Nuclear Regulatory Commission, issued on February 14, 2003. Pacific Gas and Electric Company ("PG & E") held two licenses and planned to transfer them in connection with its proceedings in bankruptcy. In the order, the Commission refused to reimpose antitrust provisions in the licenses upon their transfer. NCPA filed a timely petition for judicial review of the...

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