Shoreham Nuclear Power Plant
The United States Supreme Court, with PG&E and Silkwood, and in the eight years since, has expanded the acceptable extent of state regulation of commercial nuclear power plants. In PG&E, the Court established the acceptability of state regulation that purports to be concerned with the non-radiological aspects of nuclear plant operations but that, as a practical matter, is concerned with their radiological hazards. In Silkwood, the Court established the acceptability of state regulation of radiological hazards when its impact on federal regulation of radiological hazards is indirect and incidental. Finally, in Goodyear and English, the Court confirmed and elaborated on such state regulation. Subject to political demands either for additional involvement in commercial nuclear power plant regulation or from political interests opposed altogether to nuclear power, some states, in the 1980s, sought to expand even further the involvement of state and local governments in nuclear plant regulation. Indeed, some states sought and in some instances acquired, through innovative and extraordinary means, a degree of involvement in the regulation of radiological hazards that seriously erodes and undermines the role of the federal government in such regulation. In particular, the State of New York concluded with the Long Island Lighting Company (LILCO), in February 1989, an agreement for the purchase of New York of the Shoreham nuclear power plant on Long Island. A response to failed efforts by New York to prevent the issuance by the NRC of a license to LILCO to operate the plant, the agreement was concluded to allow New York to close the plant either altogether or to convert it to a fossil fuel facility. The opposition to the sale of Shoreham is discussed.
- OSTI ID:
- 456835
- 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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