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:	Crane
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

-

c y-000172Tl'U:st a gROD, ti UTIL Ff,C. [J.h,b.,w et w.

watrea Sr<m,ees @mtn at appens g

g FOR.THE DlhTRICT OF Col.UMBI A CIRCULT

~

pudito dI tember Term,'19~81 No. 81-nn 5

PEOPLE AGAINST NUCLEAR ENERGY, Petici d $! albs court Of4ppW389 i

RECElVI,.D

[

, g3, p. tri:t cf C

=2 cir:u:t s

y,,

UNITED STATES NUCLEAR REGULATORY COM[IhSIO@N1'31

' y"

g n

y,

~

3 l

' 8 METROPOLITAN EDISOS COMPANY, et al. \\

(PUBLIC UTILITIES), Intervenors e

g.

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-~

i nizabic under the Atomic Energy Act.

opinions to follow.

C I. E.' '

Per Curism For tha_ Court

'82 J.V112 P4 56 b9 CM

' }' !

Georg& A. Fisher 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-0 g 50 s 0Il 8201150384 820107 PDR ADOCK 05000289 G

PDR l

.6 r

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

7.

l j

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 predicted..

~

- y.

.'.t-

)

i:

~

s e

t s

4 a

i

~..

t i

j t

i

• I I

j

~

f i.;

i l

)'

I s

s y

1 1

i

~

mm 8