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Administrative Law Keyed to Popper
Seacoast Anti-Pollution League v. Costle
Citation:
572 F.2d 872 (1978)Facts
The Public Service Company of New Hampshire (PSCO) applied to the EPA for permission to discharge heated water from its proposed nuclear power plant at Seabrook into the Hampton-Seabrook Estuary. The water would be taken from the Gulf of Maine, run through the plant’s condenser, and discharged back at a temperature 39°F higher than at intake. PSCO sought an exemption from EPA’s thermal discharge standards under § 316(a) of the Federal Water Pollution Control Act. After initial approval, public hearings were held, and the Regional Administrator denied the application. PSCO appealed to the EPA Administrator, who assembled a technical review panel of six in-house advisors. The Administrator requested additional information from PSCO regarding backflushing effects, allowed other parties to comment, but denied petitioners’ request for a hearing on the new information. The Administrator ultimately reversed the Regional Administrator’s decision and granted the permit. The technical panel’s report to the Administrator included scientific information not contained in the administrative record.
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