ML20039G207

Judgment Vacating NRC Order.Nrc Ordered to Prepare Environ Assessment Re Effects of Proposed Restart on Psychological Health of Neighboring Residents & Well Being of Surrounding Communities.Related Correspondence

ML20039G207
Person / Time
Site:	Three Mile Island
Issue date:	01/07/1982
From:	Fisher G U.S. COURT OF APPEALS, DISTRICT OF COLUMBIA CIRCUIT
To:
References
81-1131, NUDOCS 8201150384
Download: ML20039G207 (2)

Text

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FOR.THE DlhTRICT OF Col.UMBI A CIRCULT

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pudito No. 81-nn dI5 tember Term,'19~81 .;

• PEOPLE AGAINST NUCLEAR ENERGY, Petici d $! albs court Of4ppW389 i RECElVI,.D , g3, p.s tri:t cf C =2 cir:u:t y ,,

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UNITED STATES NUCLEAR REGULATORY g y" COM[IhSIO@N1'31 n y,

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METROPOLITAN EDISOS COMPANY, et al.

(PUBLIC UTILITIES), Intervenors

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ORGE A. FISHER y Ct.ERK ,

Petition for Review of an Order of. the- United States Nuclear Regulatory Commission.

Before: WRIGHT, Circuit Judge, McGOWAN, Senior Circuit Judge,' and WILKEY, Circuit '

. Judge. ,

• JUDCMENT  : .

This cause ca=e on to be heard on a petition for review of an order' of the United' '

States Nuclear Regulatory Co= mission and was briefed and argued by counsel.

On ' consideration thereof, it is ORDERED and ADJUDGED by this ' court that the. order' ,

of the Nuclear Regulatory Commission under review in this cause is hereby vacated. :,

It is FURTHER ORDERED and ADJUDGED by this court that the Co==ission shall prepare cn environmental assessment regarding the effects of the proposed restart of the nuclear facility at Three Mile Island Unit One (TMI-1) on the psychological health of neighbor-ing residents and on the well-being of the surrounding co=munities. The Commission

'shall then determine, on the' basis of this environmental assessment, whether the Nation- .

, al Environmental Policy Act requires pr'Eparation of a full environmental impact state .

ernt. .

It is FURTHER ORDERED and ADJUDGED by this court that, until the Co==ission has ,

complied with the requirements of the National Environmental Pol' icy Act as described .

.in the preceding paragraph, it shall not make a decision to. restart TMI-1. ,;

. It is FURTHER ORDERED and ADJUDGED by this court that theCommissionshallpreparh a' statement of' the reasons for its determination that psychological health is. not cog-~

nizabic under the Atomic Energy Act. .

- i opinions to follow. ,

C I. E.' ' Per Curism .

For tha_ Court .!

'82 J.V112 P4 56 b9 CM Georg& A. Fisher

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ULO_. Clerk . ;5 Circuit Judge'WILKEY dissents. Whether designedly so or not, this order will bari tha resumption of f.urnishing nuclearjouer from T11I-1, at which there has never been ,

an accident,, until such time as the Nuclear Regulatory Commission satisfies this coisrt, first by an " environmental assessment," and then, mest likely, later by a required

" full environmental impact statement," as to its consideration of certain new environ-

< r.cntal factors. This delay is imposed because of the. asserted impact "on the psycho-g 50 0 8201150384 820107 ,

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7,/ 1;3, di-1131 - People Against Nuclear Energy v. USNRC 2

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i legical health of neighboring residents," an "i= pact" which has never before been-considered as covered by the National Environ = ental Policy Act. -

This is yet another exa=ple of a court inventing new procedural require =ents -

for an administrative agency in a manner which has enor=ous substantive consequences. '

See Vermont Yankee Nuclear Power Corp. v.' NRDC, 435 U.S. 519 (1978) . The court is  ;

concerned that "the vell-being of. the surrounding ce== unities" be assessed, yet while

• this is taking place, for the co=nunities near DfI-l it will be a colder vinter than  !

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