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D.C. court dismisses challenge to NRC’s low-level waste policy
A federal court has dismissed a claim by the Nuclear Energy Institute that the Nuclear Regulatory Commission had reversed decades of established policy by requiring owners and operators of nuclear power plants to obtain the agency’s approval to dispose of low-level radioactive waste, even in NRC Agreement States.
At issue was a letter the NRC sent to NEI in 2019, stating that licensees must receive agency approval before disposing of LLW. In response, NEI filed a lawsuit against the NRC, claiming that the letter imposes new obligations on licensees without the NRC’s having followed rulemaking procedures required by the Administrative Procedure Act, including publishing notice of the new policy and receiving input from stakeholders prior to implementation.
Simon Clément, Robert Forcha, Philippe M. Bardet (George Washington Univ.)
Transactions | Volume 117 | Number 1 | October 2017 | Pages 1709-1712