ML19282B195

Denies Petitioner'S Class 9 Accident Contention.Holds in Abeyance Remainder of Petition Pending Issuance of Final Fuel Cycle Rule

ML19282B195
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	11/29/1978
From:	Fisher G U.S. COURT OF APPEALS, DISTRICT OF COLUMBIA CIRCUIT
To:
Shared Package
ML19282B190	List: ML19282B195 ML19282B198
References
73-2266, NUDOCS 7903090351
Download: ML19282B195 (2)

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Vinitch States Cottrt of $!ppcsIs FoR THc DISTRICT OF COLUMul A CIRCUIT No. 73-2266 September Term,19 78 Lloyd Harbor Study Group, Inc., Unjl2d 8tates Court Of APDE3lS Petitioner -

fo' Cc:t of Cch.v.:a circat v- FEED NOV 291973 Suclear Regulatory Commission and the United States, Respondents GEORGE A. FISHER CLERK The Long Island Lighting Co., Intervenor Before: McGowan and MacKinnon, Circuit Judges, and Van Pelt,* United States Senior District Judge for the District of Nebraska

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- The order of this Court of November 9, 1976, held that there was no merit to petitioner's challenge to the Commission's consideration of " Class 9" accidents but that there was merit to its assertion about the nuclear fuel cycle. The basis of the latter determination was this Court's decisions in Natural Resources Defense Council, Inc. v. United States Nuclear Regulatorv Commission, Nos. 74-1385 and 74-1586, Aeschliman

v. United States Nuclear Regulatorv Commission, Nos. 73-1776 and 73-1867. .

The Supreme Court subsequently granted the petition of The Long Island Lighting Company for a writ of certiorari, vacated our judgment, and remanded for further consideration in light of Vermont Yankee Nuclear Power Corn. v. Natural Resources Defense Council, 435 U.S. 519 (1978).

The 'ction of the Supreme Court did not disturb cur determina-tion that petitioner's " Class 9" accident contention is without merit.

Accordingly, the petition is denied in that respect.

" Sitting by designation pursuant to 28 U.S.C. 5 294 (d) .

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FOR THE DISTRfCT OF COLUMBIA CIRCUIT p.2 September Term,19 78 No. 73-22se The remainder of the petition, as it relates to the environ-mental impact of the nuclear fuel cycle, shall remain in abeyance Respondents are directed pending to the issuance of a final fuel cycle rule.

report to the court on the status of the rulemaking in acccrdance with the schedule established in Nos. 73-1776 and 74-1385, and the cases con-solidated with them.

Per Curia:

FOR THE COURT:

es e 4 .

GEORGE A. FISHER Clerk

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