United States First Circuit

In an action where Massachusetts sought to participate directly in a re-licensing proceeding of two nuclear energy plants as a party before the U.S. Nuclear Regulatory Commissions (NRC) issues its renewal decision, petition for review of NRC's dismissal of the Commonwealth's hearing request is denied where: 1) Massachusetts sought the wrong path, as a matter of law, in seeking to raise safety issues as a party in the licensing proceedings; 2) Massachusetts retains a meaningful opportunity to seek judicial review under the procedural course advanced by the agency; and 3) the agency has not issued a final order regarding the rulemaking petition for purposes of judicial review.

Appellate Information

• Decided 04/08/2008
• Published 04/08/2008

Judges

• LYNCH, Circuit Judge., Before TORRUELLA, Circuit Judge, STAHL, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Matthew Brock, Assistant Attorney General, with whom Martha Coakley, Attorney General, Diane Curran, and Harmon, Curran, Spielberg & Eisenberg, L.L.P., were on brief, for petitioner., David R. Lewis with whom Paul A. Gaukler and Pillsbury Winthrop Shaw Pittman LLP, were on brief, for intervenors.


• For Appellees:
  
• Steven C. Hamrick, Attorney, with whom Karen D. Cyr, General Counsel, John F. Cordes, Jr., Solicitor, E. Leo Slaggie, Deputy Solicitor, U.S. Nuclear Regulatory Commission, Ronald J. Tenpas, Acting Assistant Attorney General, and Lane M. McFadden, Attorney, U.S. Department of Justice, were on brief, for respondents.