Sunday, May 12, 2013

Connecticut Light and Power Co. v. NRC case brief

Connecticut Light and Power Co. v. NRC case brief
673 F.2d 525, 218 U.S. App. D.C. 134 (D.C. Cir. 1982)

CASE SYNOPSIS: Petitioner, power and light company, challenged a decision by respondent, Nuclear Regulatory Commission (NRC), to adopt a stringent fire protection program for nuclear power plants in service before January 1, 1979.

FACTS: After a fire at a nuclear power plant, a NRC report recommended improved fire protection standards. The NRC developed technical guidelines for evaluating the fire safety of both new and operating nuclear plants. Because of disagreements, NRC embarked on the challenged rule making. The power and light company challenged the NRC's adoption of a stringent fire protection program for nuclear power plants in service before January 1, 1979. The court affirmed the fire protection regulations as adopted by NRC. The court reluctantly upheld the regulations because, at almost every step of the way, NRC's procedures were not exemplary. The notice of the proposed rule making was cursory and gave the industry the minimum opportunity to respond. The agency's statement of the basis for the program and its final form provided limited technical guidance. However, the fire protection with the exemption procedure was not a radical departure from the program as it was developed after the original fire and as originally proposed. With the exemption procedure, power plants could show that alternative fire protection systems protected the public safety at the same high level as the system chosen by NRC.

CONCLUSION: The court affirmed the fire protection regulations for nuclear power plants adopted by NRC and challenged by the power and light company.

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