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BLUE RIDGE ENV'L DEFENSE v. NUCLEAR REG. COM'N

Nos. 09-1112, 10-1058.

668 F.3d 747 (2012)

BLUE RIDGE ENVIRONMENTAL DEFENSE LEAGUE, Petitioner v. NUCLEAR REGULATORY COMMISSION and United States of America, Respondents Tennessee Valley Authority, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 17, 2012.

Attorney(s) appearing for the Case

James B. Dougherty argued the cause and filed the briefs for petitioner.

Jeremy M. Suttenberg , Attorney, U.S. Nuclear Regulatory Commission, argued the cause for respondents. With him on the brief were Lane McFadden , Attorney, U.S. Department of Justice, Stephen G. Burns , General Counsel, U.S. Nuclear Regulatory Commission, John F. Cordes, Jr. , Solicitor, and Grace H. Kim , Senior Attorney.

Maria V. Gillen , Attorney, argued the cause for intervenor. With her on the brief was Harriet A. Cooper , Assistant General Counsel.

Opinion for the court filed by Senior Circuit Judge EDWARDS.

EDWARDS, Senior Circuit Judge:

In December 1974, Tennessee Valley Authority ("TVA") received construction permits from the Atomic Energy Commission, the predecessor to the Nuclear Regulatory Commission ("the NRC" or "the Commission"), for the Bellefonte Nuclear Plant, Units 1 and 2 ("the units"). TVA pursued construction under a series of permit extensions through the late 1980s, when, based on its projections of diminished energy demand, it decided to place the units...

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