ML023260012

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Petitions for Review of Orders of the NRC
ML023260012
Person / Time
Site: Harris, Brunswick, Robinson  Duke Energy icon.png
Issue date: 11/13/2002
From: Mcgrail M
US Federal Judiciary, Court of Appeals
To:
Office of Nuclear Reactor Regulation, Orange County, NC
References
01-1073, 01-1246
Download: ML023260012 (3)


Text

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT S-

-No.01-1073 -SeptemberTerm,.2002 . . .

Orange County, No*

Pet V.

Nuclear Regulatory United States of Ar Rec.

And Consolidated Case No. 01-1246 Petitions for Review of Orders of the Nuclear Regulatory Commission Before: EDWARDS and ROGERS, CircuitJudges,and WILUAMS, Senior CircuitJudge JUDGMENT These causes were considered on petitions for review of orders of the Nuclear Regulatory Commission and were briefed and argued by counsel. It is ORDERED and ADJUDGED that the petitions for review are hereby denied.

In an administrative proceeding, Orange County presented arguments that the NRC's environmental assessment of a proposed storage expansion of a nuclear reactor was inadequate. After comparing risk calculations offered by the petitioner, the agency's staff, and the applicant facility, the NRC upheld the finding that the chances of an accident were too remote to trigger a full evidentiary hearing on the issue. See In re Carolina Power

& Liqht Company, 53 NRC 370 (2001). Once the agency determined that the expansion posed no significant safety hazards, the NRC granted the license amendment for the expansion. In re Carolina Power & Light Company, 53 NRC 113 (2001). Finding no error in NRC's determinations, the court hereby denies the petitions for review primarily for the reasons stated in the agency's orders.

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United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT No. 01-1073 September Term, 2002 Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or rehearing en banc. See Fed. R. App. P. 41 (b); D.C. Cir.

R. 41.

PerCuriam FOR

. rk THE COURT:

J. Lan r, Cler'l /

By:

Michael C. McGrail Deputy Clerk 2

S4niteb "tates Toxrt of A"piaIs FOR THE DISTRICT OF COLUMBIA CIRCUIT No. 01-1073 September Term, 2002

-- ' 'Fii6-dOn:

Orange County, North Carolina, UNITEDSTATESMCORT OF APPEALS Petitioner FOR DISTRICT OF COLUMBIA CIRCUIT FILEDI 132002 Nuclear Regulatory Commission and United States of CLERK

America, Respondents Carolina Power & Light Company, Intervenor Consolidated with 01-1246 ORDER Upon consideration of respondent's bill of costs, it is ORDERED that respondent's request for costs be granted. Costs are awarded to the U.S. Nuclear Regulatory Commission, in the amount of $23.68 and taxed against petitioner.

Costs are payable directly between parties. Payment should not be submitted to the Clerk.

FOR THE COURT:

BY:-Clerk Michael C. McGrail Deputy Clerk