People of the State of Illinois v. Nuclear Regulatory Commission and the United States of America, and General Electric Company, Intervenor

HARLINGTON WOOD, Jr., Circuit Judge.

On September 16, 1977, the Attorney General of Illinois filed with the Nuclear Regulatory Commission a “Request to Institute a Proceeding and Motion to Modify, Suspend or Revoke Special Nuclear Material License, No. SNM-1265.” 1 Approximately three months later the Director of the NRC’s Office of Nuclear Material Safety and Safeguards denied the request. 2 Illinois petitioned for review of the final order of the Commission and the two issues presented are (1) whether the Commission has the discretion to deny a request to institute a proceeding and hearing…