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PAC. GAS & ELEC. v. STATE ENERGY RESOURCES, ETC.

No. CV S-78-527-R.

489 F.Supp. 699 (1980)

PACIFIC GAS AND ELECTRIC COMPANY et al., Plaintiffs, v. STATE ENERGY RESOURCES CONSERVATION AND DEVELOPMENT COMMISSION et al., Defendants, Natural Resources Defense Council, Inc., et al., Intervenors.

United States District Court, E. D. California.

April 25, 1980.

Attorney(s) appearing for the Case

John R. McDonough, Laurence F. Jay, Ball, Hunt, Hart, Brown & Baerwitz, Beverly Hills, Cal., for plaintiffs.

William M. Chamberlain, Gen. Counsel, Dian M. Grueneich, Deputy Gen. Counsel, California Energy Resources Conservation and Development Commission, Sacramento, Cal., Michael R. Jencks, San Francisco, Cal., Kathryn Burkett Dickson, Sacramento, Cal., Antonio Rossmann, Sp. Counsel, San Francisco, Cal., for defendants.

Roger Beers, San Francisco, Cal., for intervenors.

OPINION

REAL, District Judge.

Plaintiffs have brought this action asking that the California statutory scheme purporting to regulate the construction and operation of nuclear power plants be held to be unconstitutional. The claim of unconstitutionality in whole or in part of these nuclear power statutes is made on the ground that the subject matter or effect of individual sections of the California Public Resources Code are preempted under the Supremacy...

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