Commonwealth of MASSACHUSETTS, Petitioner,
v.
UNITED STATES; United States Nuclear Regulatory Commission, Respondents,
Entergy Nuclear Operations, Inc.; Entergy Nuclear Vermont Yankee LLC; Entergy Nuclear Generation Company, Intervenors.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard December 6, 2007.
Decided April 8, 2008.
Attorney(s) appearing for the Case
Matthew Brock, Assistant Attorney General, with whom Martha Coakley, Attorney General, Diane Curran, and Harmon, Curran, Spielberg & Eisenberg, L.L.P., were on brief, for petitioner.
Steven C. Hamrick, Attorney, with whom Karen D. Cyr, General Counsel, John F. Cordes, Jr., Solicitor, E. Leo Slaggie, Deputy Solicitor, U.S. Nuclear Regulatory Commission, Ronald J. Tenpas, Acting Assistant Attorney General, and Lane M. McFadden, Attorney, U.S. Department of Justice, were on brief, for respondents.
David R. Lewis with whom Paul A. Gaukler and Pillsbury Winthrop Shaw Pittman LLP, were on brief, for interveners.
Before TORRUELLA, Circuit Judge, STAHL, Senior Circuit Judge, and LYNCH, Circuit Judge.
United States Court of Appeals, First Circuit.
LYNCH, Circuit Judge.
The Commonwealth of Massachusetts wishes to ensure that the United States Nuclear Regulatory Commission ("NRC" or the "Commission") will take account of the Commonwealth's safety concerns about treatment of spent fuel rods before the NRC decides whether to renew the operating licenses of two nuclear energy plants: the Pilgrim plant in Plymouth, Massachusetts, and the Vermont Yankee plant in Vernon, Vermont...
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