Legal Opinion

New England Power Company v. United States Nuclear Regulatory Commission and United States of America

Court of Appeals for the First Circuit

Decided July 19, 1982No. 81-1839PublishedCited by 17 opinions

1Opinion of the Court

LEVIN H. CAMPBELL, Circuit Judge.

Petitioning power companies seek review pursuant to 28 U.S.C. § 2342(4), 42 U.S.C. § 2239(b), of an interpretative rule promulgated by the Nuclear Regulatory Commission (“NRC”), 46 Fed.Reg. 49,573 (1981). The challenged rule allows the NRC to base fees charged to applicants for nuclear reactor licenses upon agency costs, and to collect such fees even though the applications are voluntarily withdrawn before final agency action thereon. 1

The licenses at issue are so-called construction permits which utilities wishing to build nuclear power plants must first…

2Cases cited13 opinions

  1. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  2. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
  3. Morton v. RuizSupreme Court of the United States · 1974
  4. United States v. Florida East Coast Railway Co.Supreme Court of the United States · 1973
  5. National Cable Television Assn., Inc. v. United StatesSupreme Court of the United States · 1974

8 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. San Juan Cellular Telephone Company, Etc. v. Public Service Commission of Puerto RicoCourt of Appeals for the First Circuit · 1992
  2. Us West Communications, Inc., and United States of America, Intervenor v. Roger Hamilton, Chairman of the Oregon Public Utility Commission Ron Eachus, Commissioner of the Oregon Public Utility Commission Joan H. Smith, Commissioner of the Oregon Public Utility Commission Oregon Public Utility Commission MCI Metro Access Transmission Services, Inc. Sprint Communications, and At&t Communications of the Pacific Northwest, Inc., Us West Communications, Inc., and United States of America, Intervenor v. Roger Hamilton, Chairman of the Oregon Public Utility Commission Ron Eachus, Commissioner of the Oregon Public Utility Commission Joan H. Smith, Commissioner of the Oregon Public Utility Commission Oregon Public Utility Commission At&t Communications of the Pacific Northwest, Inc. Sprint Communications, and MCI Metro Access Transmission Services, Inc., Us West Communications, Inc. v. Worldcom Technologies, Inc.Court of Appeals for the Ninth Circuit · 2000
  3. Air Transport Association of America v. Civil Aeronautics BoardCourt of Appeals for the D.C. Circuit · 1984
  4. Commonwealth Edison Co. v. United States Nuclear Regulatory CommissionCourt of Appeals for the Seventh Circuit · 1987
  5. Wetzel County Solid Waste Authority v. West Virginia Division of Natural ResourcesWest Virginia Supreme Court · 1995

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