ML20127H519
| ML20127H519 | |
| Person / Time | |
|---|---|
| Site: | Monticello  |
| Issue date: | 02/24/1972 |
| From: | Shapar H US ATOMIC ENERGY COMMISSION (AEC) |
| To: | Hipskind J AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20127H524 | List: |
| References | |
| NUDOCS 9211180535 | |
| Download: ML20127H519 (2) | |
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- pM3 February 24, 1972 Mr. Jack E. Hipskind 510 Sycamom Roselle, Illinois 60172
Dear Mr. Hipskind:
Your letter of February 2,1972 concerning the status of state versus Federal control over radioactive emissions pemitted from nuclear l
reacton has been referred to me for reply.
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Thr; central question in the Northern States Power Company,, v. State of Minnesota case is whether the Federal govervivent has tIIe sole aul.li6iTty, I
7nder Gii doctrine of preenption, to mgulate radioactive waste releases J
l from nuclear power plants to the exclusion of the. states.
i The suit was brought in August 1969 in the United States District Court for the District of Minnesota by NSP against the State of_ Minnesota, the Minnesota Pollution Control Agency and others. NSP sought a judg--
ment declaring that Minnesota had no cuthority to regulate radioactive waste releases from NSP's Monticelle plant. On December 22, 1970,.a decision was rendemd for NSP (320 F. Supp.172).-
This decision was affimed on September 7,1971 by the United States l-Court of Appeals for the Eighth Circuit, which held that the Federal l
govemment has exclusive authority under the doctrine of preetaption to regulate construction and cperation of nuclear power plants, in~
i cluding regulation of the level of radioactive affluents discharged -
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fmm the plants (447 F.2d.- 1143).
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-1 An appeal was filed by the State of Minnesota on November 12, 1971;-
no action has been taken yet on this appeal.
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During the pendency of this suit, Illinois, Maryland, and Yomont, all.of whom filed andcus briefs in suoport of Minnesota in the NSP.
case, wem proceeding to establish state standards for the contml-of radiotetive effluents.. Illinois, in the establishment of a Pol-intion Control-Board, authorized the Board to. set maximum levels of 9211180535 720224-.
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radioactive discharge from nuclear plants. The Department of Water Resources for the State of Maryland, in issuing a permit to the Calvert Cliffs nuclear plant, igosed restrictions on radioactive affluents from the plant. Vermont was in the process of considering amendments i
to regulations of its Agency of Human Services which would restrict the amount of radioactive effluents permissible.
Until the disposition of the appeal in the NSP, the validity of actions by these states to control the level of radioactive effluents from power plants cannot be determined with finality..However, unless the decision of the Eighth Dircuit is reversed, these state restrictions would be legally invalid.
Sincerely, Howard K. Shapar Assistant General Counsel Licensing and Regulation I
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