Connecticut Light and Power Co. v. NRC
By: LN on May 02, 2012 09:39:39 AM

Citation:  673 F.2d 525 (1982).

Summary:  NRC came out with a fire protection program without issuing notice claiming that it was necessary in the interests of the public. Appellants appealed claiming that NRC had not followed the notice comment rule of Administrative Procedure Act.

Facts:  In the wake of fire accident at Browns Ferry Nuclear Power Plant, a commission recommended improved fire safety precautions for operating nuclear power plants, in 1976. Based on the report, appellee developed technical guidelines for examining the safety precautions taken by the new and old nuclear power plants. The commission staff evaluated the safety of operating power plants for several years after promulgation of the guidelines. Nuclear Regulatory Commission (NRC) came out with a fire protection program for all the nuclear plants. Appellants appealed to the appellate court the order of the NRC claiming that NRC had not issued any notices or called for any comments.

Issue:  Whether the NRC was correct in promulgating the protection regulations adopted by the Commission?

Holding:  Yes, NRC was correct in promulgating the protection regulations adopted by the Commission.

Procedure:  Judgment of the NRC was affirmed by the Appellate Court.

Rule:  The Administrative Procedure Act requires that the agency engaged in an informal rule making has to publish a notice of proposed rule making in the federal register which includes either the terms or substance of the proposed rule or a description of the subjects and issues involved.(Administrative Procedure Act, 5 U.S.C § 553 (b) (3))

Rationale:  The record contained adequate support for the determination of the rules which had to be adopted urgently for the protection of the public. Under the circumstances exemption procedure notice and comment rule could be exempted.

 

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