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ENERGY PROBE v. U.S. NUCLEAR REGULATORY COM'N

No. 88-1824.

872 F.2d 436 (1989)

ENERGY PROBE and Western Reserve Alliance, Petitioners, v. UNITED STATES NUCLEAR REGULATORY COMMISSION and the United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

April 14, 1989.

Attorney(s) appearing for the Case

Donald L. Schlemmer, College Park, Md., for petitioner.

William H. Briggs, Jr., Sol., U.S. Nuclear Regulatory Com'n, with whom E. Leo Slaggie, Deputy Sol., Washington, D.C., Jeffrey Kehn and Geraldine R. Fehst, Attorneys, were for respondents. Also entering an appearance for respondents was Jacques B. Gelin, Attorney, United States Department of Justice, Washington, D.C.

Before MIKVA, RUTH BADER GINSBURG and SILBERMAN, Circuit Judges.

ON MOTION TO DISMISS

Opinion for the Court filed PER CURIAM.

PER CURIAM:

Joint petitioners Energy Probe and Western Reserve Alliance seek to challenge the United States Nuclear Regulatory Commission's (NRC) denial of their request, made under 10 C.F.R. § 2.206 (1988), to suspend the Perry Nuclear Power Plant's operating license because of alleged safety deficiencies. For the reasons stated below, we dismiss the petition for review as untimely...

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