Publisher's Synopsis
Excerpt from Pending Nuclear Legislation: Hearing Before the Subcommittee on Clean Air and Nuclear Regulation of the Committee on Environment and Public Works, United States Senate, One Hundred Third Congress, First Session
You specifically asked about the standards and before I comment on that I'd like to say that the standard In your bill IS not the kind of standard that's in Heckler v. Chaney. When they say a bill 15 not reviewable unless there is an objective standard - they' re talking about procedural standards, so the judges can take a look to see if the agency has carried out its own procedures. The standard that you have set out in your draft Is the substantive standard - it says here are the kinds of things, from a safety point of view, that should be looked at. We have no problem with the standards that you've set out. On a more technical nature, we would not like the review ability to just be able to say that the petition should be granted because in many cases petitions ask for remedies that are far in excess of the problem at hand. So, even if there were review ability, that bill should just call for the nrc to have the hearing, not necessarily to grant the remedy. That's a small technical point.
In summary, we understand the reason for the bill. We think that we did operate for years in an area of judicial review ability and there were very few cases taken to court. We don't think there would be a practical impact in the sense of more petitions being found valid and there would be somewhat of an increase in costs just to handle the review points.
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