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City of Cleveland, Ohio v. Nuclear Regulatory Commission and the United States of America, Cleveland Electric Illuminating Company, Ohio Edison Company, Toledo Edison Company, City of Brook Park, Ohio, Intervenors. Ohio Edison Company v. Nuclear Regulatory Commission and the United States of America, City of Cleveland, Ohio, Intervenor. Cleveland Electric Illuminating Company and the Toledo Edison Company v. Nuclear Regulatory Commission and the United States of America, City of Cleveland, Ohio, Intervenor. City of Cleveland, Ohio v. Nuclear Regulatory Commission

Citation: 17 F.3d 1515Docket: 93-1672

Court: Court of Appeals for the D.C. Circuit; March 17, 1994; Federal Appellate Court

Narrative Opinion Summary

In this case, Alabama Electric Cooperative, Inc. (AEC) sought to intervene in proceedings concerning antitrust conditions related to the Perry and Davis-Besse Nuclear Power Plants' operating licenses. These conditions were challenged by the involved companies, including Ohio Edison Company, who argued that power generation costs from these plants exceeded alternative sources. The Nuclear Regulatory Commission (NRC) and its Atomic Safety and Licensing Board denied AEC’s intervention due to lack of standing, as AEC neither operated within the relevant market nor had an economic relationship with the plants. AEC argued that its interests might be impacted by adverse decisions, potentially leading to actions from Alabama Power Company. However, the court held that AEC must meet Article III standing requirements, demonstrating a significantly protectable interest as outlined under Rule 24(a)(2). AEC's speculative concerns were insufficient for standing, leading to the denial of its motion to intervene. Nonetheless, the court permitted AEC to participate as amicus curiae. Additionally, the City of Cleveland filed related petitions, which did not include AEC's intervention, and the court clarified that AEC misinterpreted intervention provisions, which were not discretionary as claimed.

Legal Issues Addressed

Requirements for Intervention under 28 U.S.C. § 2348

Application: AEC's motion to intervene was denied because it lacked a direct economic relationship with the power plants and did not operate in the relevant geographic market, failing to meet the requirements under 28 U.S.C. § 2348.

Reasoning: AEC lacks an economic relationship with the power plants and does not operate in the relevant geographic market, leading to the denial of its motion for leave to intervene.

Role of Amicus Curiae

Application: Despite denying AEC's motion to intervene, the court allowed AEC to participate as amicus curiae to provide its perspective without full party status.

Reasoning: Consequently, the court denies AEC's motion to intervene but allows for participation as amicus curiae.

Significantly Protectable Interest under Rule 24(a)(2)

Application: AEC failed to show a significantly protectable interest under Rule 24(a)(2), as its concerns were too speculative and not adequately represented by existing parties.

Reasoning: This rule necessitates that an intervenor’s interest must be significant enough to be impaired by the case's outcome, and it must not be adequately represented by existing parties.

Standing for Intervenors under Article III

Application: The court emphasized that AEC must demonstrate Article III standing similar to original parties since intervenors have rights akin to those parties in proceedings.

Reasoning: As such, AEC is expected to meet Article III standing requirements similar to those imposed on original parties, as intervenors have rights akin to those parties in proceedings.