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Regulatory Law Keyed to Shapiro, 4th Ed.
Connecticut Light and Power Co. v. Nuclear Regulatory Commission
Citation:
673 F.2d 525 (1982)Facts
In 1976, following a fire at the Browns Ferry Nuclear Power Plant, the NRC developed technical guidelines for evaluating fire safety in nuclear plants. After several years of plant-by-plant evaluations, the NRC decided to formalize these standards through rulemaking. The proposed rules used a “postulated hazards” approach for protecting duplicate shutdown systems. However, the final rules abandoned this approach in favor of three specific methods for protecting shutdown capacity. The final rules also mandated oil collection systems as the only acceptable method for protecting reactor coolant pump lubricant, whereas the proposed rules had allowed fire suppression systems as an alternative. Connecticut Light challenged these regulations, arguing that the NRC provided inadequate notice, insufficient time for comment, and failed to justify the technical basis for the final rules.
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