Brodsky v. United States Nuclear Regulatory Commission, No. 11-2016 (2d Cir. 2013)Annotate this Case
The NRC granted Entergy an exemption from compliance with certain fire safety regulations at its Indian Point nuclear plant operating unit No. 3. Plaintiffs alleged that the NRC's award of the exemption to Entergy violated the Administrative Procedures Act (APA), 5 U.S.C. 551 et seq., the Atomic Energy Act (AEA), 42 U.S.C. 2011 et seq., and the National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq. The court affirmed the district court's grant of summary judgment in favor of Entergy on all of these claims except in one respect. Insofar as plaintiffs contended that the NRC granted the challenged exemption in violation of NEPA's regulations, which allowed for public involvement where appropriate and practicable, the court concluded that the agency record did not permit a reviewing court to determine whether a reasoned basis existed for the NRC's decision not to afford any such public involvement in the exemption decision.