State regulation of nuclear power
The Atomic Energy Act of 1954 establishes a comprehensive scheme for the federal regulation of commercial nuclear power plants. For example, section 161(i)(3) of the Act authorizes the NRC to {open_quotes}prescribe such regulations or orders as it may deem necessary...to govern any activity authorized pursuant to this [Act], including standards and restrictions governing the design, location, and operation of facilities used in the conduct of such activity, in order to protect health and to minimize danger to life or property...{close_quotes} Section 161(p) of the Act also authorizes the NRC to {open_quotes}make, promulgate, issue, rescind, and amend such rules and regulations as may be necessary to carry out the purposes [thereof].{close_quotes} In 1968 the United States Court of Appeals for the D.C. Circuit observed that the Act established {open_quotes}a regulatory scheme which is virtually unique in the degree to which broad responsibility is reposed in the administering agency, free of close prescription in its charter as to how it shall proceed in achieving the statutory objectives.{close_quotes} The Act largely preempts the regulation of commercial nuclear power plants at the state and local level. However, some radiological aspects of nuclear plant operations are governed by other federal law and allow for state and local involvement. For example, the Low-Level Radioactive Waste Policy Act of 1980, as amended (the LLRWPA), specifically assigns to the states the responsibility for the disposal of low-level nuclear waste generated by nuclear plants. The LLRWPA contemplates the management of low-level nuclear waste on a regional basis through agreements of {open_quotes}compacts{close_quotes} concluded among adjacent states. Each compact region is to develop its own sites for waste disposal. In 1985 the LLRWPA was amended to further encourage, through various specific deadlines, incentives, and penalties, the formation of compact and the development of sites.
- OSTI ID:
- 456833
- Journal Information:
- Journal of Energy, Natural Resources amp Environmental Law, Journal Name: Journal of Energy, Natural Resources amp Environmental Law Journal Issue: 2 Vol. 12; ISSN 1053-377X; ISSN JENLFS
- Country of Publication:
- United States
- Language:
- English
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