PG&E and Silkwood
The Supreme Court rendered its decision in PG&E in April 1983. The decision involved a challenge by a nuclear utility to a California state moratorium on the construction of new commercial nuclear power plants until the State Energy Resources Conservation and Development Commission could determine that there is a demonstrated and federally approved solution for the permanent disposal of high-level nuclear waste. The moratorium was based not on a state concern with the radiological hazards associated with new nuclear plants but, ostensibly on a state concern with the economics of new nuclear plants. In particular, the state had concluded that a new nuclear plant, in the absence of a solution for the permanent disposal of the high-level nuclear waste it would generate, would be an uneconomical and uncertain source of electric power. The nuclear utility that challenged the moratorium argued that its prohibition to new nuclear plant construction was in fact based on a state concern with radiation hazards. However, the Court accepted California`s {open_quotes}avowed economic purpose{close_quotes} and declined to second-guess the basis for the moratorium. The Court rendered its decision in Silkwood in January 1984. The decision involved an action brought by the administrator of the estate for a deceased employee of a nuclear fuel facility regulated by the NRC. Brought under Oklahoma state common law of torts, the action was for damages for radiological injuries suffered as a result of alleged plutonium contamination. A jury returned a verdict for the administrator as well as an award of actual and punitive damages.
- OSTI ID:
- 456834
- 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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