ML20052A486
| ML20052A486 | |
| Person / Time | |
|---|---|
| Site: | 05000000, Zimmer, Crane |
| Issue date: | 04/02/1982 |
| From: | Mcgowan, Wilkey, Wright U.S. COURT OF APPEALS, DISTRICT OF COLUMBIA CIRCUIT |
| To: | |
| Shared Package | |
| ML20052A482 | List: |
| References | |
| NUDOCS 8204280374 | |
| Download: ML20052A486 (1) | |
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& OR THE DISTRICT OF CoLUMSI A CIRCulT No. 81-1131 September Term,1981 PEOPLE AGAINST NUCLEAR ENERGY, Petitioner United States Court of Appeals v.
for the Dhhi:1 cf Cct mth Circuit UNITED STATES NUCLEAR REGULATORY COMMISSION and UNITED STATES OF AMERICA, F.cspondents File 0 APR 21982 METROPOLITAN EDISON COMPANY et al.
(PUBLIC UTILITIES), Intervenors GEORGE A. FISHER CLERK Petition for Review of an Order of the United States Nuclear Regulatory Commissica Before WRIGHT, Circuit Judge, McGOWAN, Senior Circuit Judge, and WILKEY, Circuit Judge.
l AMENDED JUDGMENT l
This cause came on to be heard on a petition for review of an order of the United States Nuclear Regulatory Commission and was briefed and argued by counsel.
A judgment was issued on January 7,1982, Judge Wilkey dissenting.
In light of changed circum-stances and further consideration, this court has decided to modify its order to the Ccemission. On consideration thereef, It is ORDERED and ADJUDGED by this court that this case is remanded to the Com-mission for a determination whether, since the preparation of the original environmental inpact statement for the nuclear facility at Three Mile Island, Unit 1 (TMI-1), signi-ficant new circumstances or information have arisen with respect to the potential psy-chological health effects of operating the TMI-l facility.
The Commission may choose the procedures by which it makes this determination.
If the Commission finds that such I
significant circumstances or information exiit, it shall prepare a supplemental envir-onmental impact statement which considers not only cf fects on psychological health but also effects on the well-being of the communitics surrounding Three Mile Island.
It is FURTH2R ORDERED aQADJUDGED by this court that, in light of the-c'urrent operating difficulties at Thl-1, it is no longer necessary in order to preserve the status quo to en-ioin the Commission from deciding to restart TMI-1 until it has complied with the requirements of the National Environmental Policy Act (NEPA).
The injunction granted on January 7,
1982 is hereby vacated.
If subsequently the Commission ihtends to make a final decision regarding the restart of TMI-l prior to complying with its obligations under NEPA, it shall provide the court and the petitioner with thirty days' notice thereof.
Opinions to follow.
Per Curiam For the Court i320425 0-7' x.a n Geor A.
Fisher Clerk Circuit Judge Wilkey dissents for the reasons stated in his dissent from the et.rlier Judgme:.t and in his opinion to follcw.
Mlls o" cost:. canst bo filed within I? days aficr remDra' 51Lw4neth a