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Administrative Law Keyed to Breyer
Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.
Citation:
435 U.S. 519 (1978)Facts
In the first case, Vermont Yankee applied for a license to operate a nuclear power plant. The Atomic Energy Commission (later NRC) conducted rulemaking proceedings to evaluate the environmental effects of the nuclear fuel cycle, including waste disposal. The Commission provided notice, allowed written and oral statements, made relevant documents available, and permitted questioning by the Commission, but did not allow discovery or cross-examination. Based on these proceedings, the Commission adopted a rule and granted Vermont Yankee’s license. In the second case, Consumers Power applied for a permit to construct two nuclear reactors. The intervenors raised concerns about energy conservation alternatives but failed to participate fully in the proceedings. The Commission declined to reopen the proceedings to consider energy conservation issues more thoroughly. The Court of Appeals overturned both decisions, finding the Commission’s procedures inadequate and requiring more thorough consideration of waste disposal and energy conservation issues.
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