UNITED STATES NUCLEAR REGULATORY COMMISSION ET AL.

v.

SHOLLY ET AL.; AND METROPOLITAN EDISON CO. ET AL. V. PEOPLE AGAINST NUCLEAR ENERGY ET AL.

Citator

Cited By

• United States v. MacDONALD, 456 U.S. 1 (U.S. 1982)
  …n held that the indictment violated MacDonald’s Sixth Amendment right to a speedy trial and dismissed the indictment. 632 F. 2d 258 (1980).5 The court denied rehearing en banc by an evenly divided vote. 635 F. 2d 1115 (1980). We granted certiorari, 451 U. S. 1016 (1981), and we reverse.6 II The Sixth Amendment provides that “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial. . . .” A literal reading of the Amendment suggests that this right attaches only when a…
• The People OF Three Mile Island acting Through Three Mile Island Alert, Inc. v. Nuclear Regulatory Comm'rs Joseph M. Hendri, 747 F.2d 139 (3d Cir. 1984)
  …the Commission was required to hold a hearing on an operating license amendment notwithstanding the Commission’s finding that the amendment involved no significant hazards consideration. The Court granted certiorari on this limited question. Sholly, 451 U.S. 1016, 101 S.Ct. 3004, 69 L.Ed.2d 387 (1981). At the same time, the NRC was also attempting to gain its desired goal — permission to forego hearing requests in certain situations — by legislative action. The Commission urged Congress to amend § 189(a) of…
• City OF W. Chicago v. United States Nuclear Regulatory Comm'n, 701 F.2d 632 (7th Cir. 1983)
  …gs in adjudication. Id. at 785. We note that in a more recent opinion, the D.C. Circuit declined to rule on the nature of the hearing required by Section 189(a) in the context of a license amendment. Sholly v. NRC, 651 F. 2d 780, certiorari granted, 451 U.S. 1016, 101 S.Ct. 3004, 69 L.Ed.2d 387 (1981). . Of course, if a formal adjudicatory hearing is mandated by the due process clause, the absence of the “on the record” requirement will not preclude application of the APA. Wong Yang Sung v. McGrath, 339 U.S…