Court of Appeals for the Third Circuit September 18, 1997, 95-7382 (Appalachian States Low-Level Radioactive Waste Commission v. Hon. Federico Pena, 1 in His Official Capacity as Secretary of Energy)

*194

OPINION OF THE COURT

MeKEE Circuit Judge.

This is the second time this dispute has come before this panel. The first time, then-Secretary of Energy Hazel O’Leary appealed the district court’s grant of summary judgment to the Appalachian States Low-Level Radioactive Waste Commission

2

(“the Commission”) in the mandamus action the Commission had filed in an attempt to compel the Secretary to