Citizens for a Safe Environment and Environmental Coaliation on Nuclear Power v. Atomic Energy Commission

Opinion OF THE COURT GIBBONS, Circuit Judge. This case is before us on a petition, filed pursuant to 28 U.S.C. § 2342(4) and 42 U.S.C. § 2239, to review an order of the Atomic Energy Commission. The petitioners, Citizens For A Safe Environment and The Environmental Coalition on Nuclear Power, were permitted by the Atomic Energy Commission to intervene in a proceeding for the granting of a facility operating license for a nuclear electrical energy generating station filed by Metropolitan Edison Company, Jersey Central Power and Light Company and Pennsylvania Electric Company. Those applicants were granted intervention in this court, and have taken the same position as the respondent Commission. The Commission determined that the petitioners were, or had members who were, ""person[s] whose interest may be affected by [the licensing] proceeding."" 42 U.S.C. § 2239. That determination is not before us. Petitioners filed with the Commission a pleading entitled ""Financial and Technical Assistance,"" which the Commission treated as a motion. In that pleading petitioners requested: