San Luis Obispo Mothers for Peace v. United States Nuclear Regulatory Commission

MIKVA, Circuit Judge:

I concur in Parts I and II of Judge Bork’s opinion and in the result reached by Part III. I write separately, however, to emphasize my understanding of the showing necessary before a court may supplement the record by examining transcripts of a closed commission hearing. I cannot accept the view, supra at 44-45, that a petitioner asking a court to review transcripts of this nature must always make a prior and independent showing of agency wrongdoing before the court will examine the transcripts. Like a bank policy of offering loans only to borrowers who do not need loans,…