N.J. Department of Environmental Protection v. U.S. Nuclear Regulatory Commission, No. 07-2271; Third Circuit; opinion by Roth, U.S.C.J.; filed March 31, 2009. Before Judges McKee, Smith and Roth. Petition for review of an order by the U.S. Nuclear Regulatory Commission (NRC-1 : 50-0219-LR). DDS No. 01-8-3394 [30 pp.]
AmerGen Energy Company, L.L.C., applied to the Nuclear Regulatory Commission to renew its operating license at the Oyster Creek Nuclear Generating Station. The New Jersey Department of Environmental Protection filed a petition to intervene, challenging the NRC’s failure to prepare an environmental impact statement (EIS) to study the effects of an aircraft attack on Oyster Creek. The DEP claimed that under the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. § 4321 et seq., the NRC, when reviewing an application to relicense a nuclear power facility, must examine the environmental impact of a hypothetical terrorist attack on that facility.
