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Sholly v. NRC

ELR Citation: 13 ELR 20703
Nos. Nos. 80-1691, -1783, -1784, 706 F.2d 1229/19 ERC 1055/(D.C. Cir., 04/04/1983) Decision moot & remanded

On remand from the Supreme Court, the D.C. Circuit rules that an amendment to §189(a) of the Atomic Energy Act authorizing the Nuclear Regulatory Commission (NRC) to issue license amendments involving no significant hazard without first holding a hearing has rendered moot a previous decision, 11 ELR 20329, which required NRC to hold hearings before authorizing release of radioactive gas from the damaged Three Mile Island plant. The court remands the case to NRC, and notes that NRC must hold a post hoc hearing if the parties request.

[The court designated this opinion not to be published pursuant to Local Rule 8(f). Local Rule 8(f) reads, in part: "(f) CITATIONS IN BRIEFS . . . . Unpublished orders, including explanatory memoranda of this Court, are not to be cited in briefs or memoranda of counsel as precedents. However, counsel may refer to such orders and memoranda for such purposes as application of the doctrines of res judicata, collateral estoppel and law of the case, which turn on the binding effect of the judgment, and not on its quality as precedent. See Rule 13(c)." — Ed.]

Counsel for Petitioners
Robert Hager
Christie Institute
1324 N. Capitol St., Washington DC 20002
(202) 797-8106

Counsel for Respondents
E. Leo Slaggie
Office of the General Counsel
Nuclear Regulatory Commission, Washington DC 20555
(202) 634-3224

Peter R. Steenland
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2748

Counsel for Intervenors
George F. Trowbridge
Shaw, Pittman, Potts & Trowbridge
1800 M St. NW, Washington DC 20036
(202) 822-1000

Before Wright, Mikva, and Edwards, JJ.