Northern California Association to Preserve Bodega Head and Harbor, Inc.

61 Cal. 2d 126 (1964), 390 P.2d 200

Affirming a Commission order granting a Certificate of Public Convenience and Necessity to PG&E to operate a nuclear facility at Bodega Bay, the Court concluded that (1) the Commission was not preempted from inquiring into safety questions apart from radiation hazards, (2) a party that has failed to seek timely judicial review of a Commission decision may not cure such failure by a series of late-filed petitions to modify or reopen a proceeding, and (3) the record of the underlying Commission proceeding supported the Commission’s conclusion with regard to non-radiation related safety issues. Unpublished portions of 6t (Para. 22) call point (2) into question.

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