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BLUE RIDGE ENVIRONMENTAL v. NUCLEAR REGULATORY

No. 12-1106.

716 F.3d 183 (2013)

BLUE RIDGE ENVIRONMENTAL DEFENSE LEAGUE, et al., Petitioners v. NUCLEAR REGULATORY COMMISSION and the United States of America, Respondents. Westinghouse Electric Company LLC, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 14, 2013.

Attorney(s) appearing for the Case

Diane Curran argued the cause for petitioners. With her on the briefs were Mindy Goldstein and John Runkle .

Robert M. Rader , Senior Attorney, U.S. Nuclear Regulatory Commission, argued the cause for respondents. With him on the brief were J. David Gunter II , Trial Attorney, U.S. Department of Justice, John F. Cordes, Jr. , Solicitor, U.S. Nuclear Regulatory Commission, and Jeremy M. Suttenberg , Attorney.

Randall L. Speck , David L. Cousineau , M. Stanford Blanton , Millicent W. Ronnlund , and Kathryn M. Sutton were on the brief for intervenors Westinghouse Electric Company LLC, et al., in support of respondents.

Before: BROWN, Circuit Judge, and EDWARDS and silberman, Senior Circuit Judges.

EDWARDS, Senior Circuit Judge:

This case arises from actions taken by the Nuclear Regulatory Commission ("NRC" or "Commission") approving (1) an application by Southern Nuclear Operating Company ("Southern") for combined licenses to construct and operate new Units 3 and 4 of the Vogtle Nuclear Power Plant and (2) an application by Westinghouse Electric Company ("Westinghouse") for an amendment to its already-approved AP 1000...

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