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San Luis Obispo Mothers for Peace v. Hendrie

ELR Citation: 11 ELR 20455
Nos. No. 80-2356, 502 F. Supp. 408/(D.D.C., 11/26/1980)

The district court rejects a request for a judgment declaring a member of the Nuclear Regulatory Commission disqualified from further participation in a licensing proceeding concerning the Diablo Canyon nuclear power plant. Since Commissioner Hendrie held a private meeting with representatives of the owners of the plant, plaintiffs requested him to recuse himself from further deliberations on the pending license application. Following the denial of the request, plaintiffs sought judicial review, alleging a denial of due process and a violation of the Administrative Procedure Act. The court finds first that it lacks jurisdiction because the decision sought to be reviewed is interlocutory and is more properly considered at the conclusion of the pending administrative proceeding. Moreover, even if the decision were reviewable as a special exception to the interlocutory decision rule, jurisdiction would lie only in the courts of appeals under §189 of the Atomic Energy Act.

Counsel for Plaintiffs
David S. Fleishaker
1735 I St. NW, Washington DC 20006
(202) 638-6070

Christopher B. Hanback
Hill, Christopher & Phillips, P.C.
1900 M St. NW, Washington DC 20036
(202) 452-7000

Counsel for Defendants
Rebecca L. Ross, Ass't U.S. Attorney
U.S. Cthse., Rm. 2816, Washington DC 20001
(202) 633-5337

Harvey J. Shulman, Paul Bollwerk
Office of the General Counsel
Nuclear Regulatory Commission, Washington DC 20555
(202) 634-3288

Counsel for Intervenor Pacific Gas & Electric Co.
Joseph B. Knotts Jr., Leonard W. Butler
Debevoise & Lieberman
1200 17th St. NW, Washington DC 20036
(202) 857-9800