NRDC v. NRC, No. 14-1225 (D.C. Cir. 2016)
Annotate this CaseNRDC challenged the NRC's denial of NRDC’s request for a hearing and subsequent application for a waiver, asserting this process was inconsistent with the procedural rigor mandated by the National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq. The denial thwarted NRDC’s attempt to intervene in the license renewal proceeding for Exelon’s Limerick nuclear power station where NRDC sought to present “new and significant” information regarding severe accident mitigation alternatives (SAMAs) relevant to Limerick. The court found that the Commission reasonably concluded that NRDC's request to intervene was a challenge to a general rule - 10 C.F.R. 51.53(c)(3)(ii)(L) (Rule (L)) - improperly raised in an individual adjudication. The court further stated that, contrary to NRDC’s view, while NEPA requires agencies to take a hard look before approving a major federal action, it does not mandate adoption of a particular process for doing so. Because NRDC failed to show its contentions were unique to Limerick, NRDC also was not entitled to a waiver. Therefore, the Commission’s actions were not arbitrary and capricious, and the court denied the petition.
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