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

No. 12-1561.

704 F.3d 12 (2013)

BEYOND NUCLEAR, Paul Gunter, Director of Reactor Oversight Project; New Hampshire Sierra Club, Kurt Ehrenberg, Field Organizer; Seacoast Anti-Pollution League, Doug Bogen, Executive Director, Petitioners, v. U.S. NUCLEAR REGULATORY COMMISSION, Respondent, NextEra Energy Seabrook, LLC; Taunton Municipal Lighting Plant; MA Municipal Wholesale Electric Company; Hudson Light & Power Department, Interested Parties, Intervenors.

United States Court of Appeals, First Circuit.

January 4, 2013.


Attorney(s) appearing for the Case

Terry J. Lodge , for petitioners.

Jeremy M. Suttenberg , Attorney, Office of the General Counsel, U.S. Nuclear Regulatory Commission, with whom Ignacia S. Moreno , Assistant Attorney General, J. David Gunter II , Attorney, Appellate Section, Environmental and Natural Resource Division, U.S. Department of Justice, Marian L. Zobler , Acting General Counsel, and John F. Cordes, Jr. , Solicitor, were on brief, for respondent.

David R. Lewis , with whom Robert B. Ross , Pillsbury Winthrop Shaw Pittman LLP, Mitchell S. Ross , and Steven C. Hamrick were on brief, for intervenor NextEra Energy Seabrook, LLC.

Nicholas J. Scobbo, Jr. , and Ferriter Scobbo & Rodophele, PC, on brief, for intervenors MA Municipal Wholesale Electric Company, Taunton Municipal Lighting Plant, and Hudson Light & Power Department.

Before LYNCH, Chief Judge, BOUDIN, Circuit Judge, and WOODLOCK, District Judge.


LYNCH, Chief Judge.

NextEra Energy Seabrook, LLC, operates the Seabrook, New Hampshire, Unit 1 nuclear power plant, which provides a significant portion of the baseload electric power used in New England. NextEra applied on May 25, 2010, to renew the Seabrook operating license, which will otherwise expire on March 15, 2030. See 42 U.S.C. § 2133 (permitting renewal of operating licenses). Renewal is allowed up to twenty years in advance. See 10 C...

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