Sierra Club v. United States Nuclear Regulatory Commission

862 F.2d 222 SIERRA CLUB, Petitioner, v. UNITED STATES NUCLEAR REGULATORY COMMISSION and the United States of America, Respondents, and Pacific Gas and Electric Company, Respondent-Intervenor. No. 87-7481. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 17, 1988. Decided Nov. 30, 1988. As Amended on Denial of Rehearing Feb. 2, 1989. Dian M. Grueneich and Marcia Preston, San Francisco, Cal., for petitioner. William H. Briggs, Jr., Sol., William C. Parler, Gen. Counsel, E. Leo Slaggie, Deputy Sol., C. Sebastian Aloot and Geraldine Fehst, U.S. Nuclear Regulatory Com'n, Washington, D.C., for respondents. Bruce Norton and Richard F. Locke, San Francisco, Cal., for respondent-intervenor. Petition for Review of a Decision of the United States Nuclear Regulatory Commission. Before SCHROEDER and WIGGINS, Circuit Judges, and DIMMICK, * District Judge. SCHROEDER, Circuit Judge: 1 The Sierra Club petitions for review of an order of the Nuclear Regulatory Commission's Atomic Safety and Licensing Appeal Board ("Appeal Board") involving the Diablo Canyon nuclear power station. The Sierra Club intervened in proceedings initiated by Pacific Gas and Electric (PG & E) to…