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Court to see whether A-panel erred in giving OK for plant

A federal appeals court agreed Tuesday to look into charges that the Nuclear Regulatory Commission (NCR) improperly considered a utility study behind closed doors in granting an operating license for California's Diablo Canyon nuclear plant.

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Rep. Richard L. Ottinger (D) of New York, said confidential transcripts of three closed NRC meetings show that the commission, in refusing opponents a new hearing, ''relied on material'' that was not part of the nearly 10 years of litigation in the case.

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