The State of New Hampshire v. Atomic Energy Commission and United States of America, Vermont Yankee Nuclear Power Corporation, Intervenor

COFFIN, Circuit Judge.

The state of New Hampshire seeks review of an order of the Atomic Energy Commission (AEC), granting a provisional construction permit to the Vermont Yankee Nuclear Power Corporation, organized by ten New England utility companies (applicant), to build a nuclear power reactor at Vernon, Vermont, a site on the Connecticut River, bordering New Hampshire. The permit was issued at the conclusion of a reactor licensing proceeding held under the authority of the Atomic Energy Act of 1954, as amended, 42 U.S.C. § 2011 et seq.

The narrow but important issue is whether the…