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GUARD v. U.S. NUCLEAR REGULATORY COM'N

No. 84-1091.

753 F.2d 1144 (1985)

GUARD, Petitioner, v. UNITED STATES NUCLEAR REGULATORY COMMISSION, Respondent, Southern California Edison Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 12, 1985.

Attorney(s) appearing for the Case

Charles E. McClung, Jr., Laguna Hills, Cal., for petitioner.

Sheldon L. Trubatch, Washington, D.C., with whom E. Leo Slaggie, Acting Sol., Nuclear Regulatory Com'n, Richard L. Black, Nuclear Regulatory Com'n and John A. Bryson, Dept. of Justice, Washington, D.C., were on brief, for respondent.

David R. Pigott, Samuel B. Casey, San Francisco, Cal. and Catherine M. Kelly, Long Beach, Cal., were on the brief, for intervenors Southern Cal. Edison Co., et al.

Before TAMM, GINSBURG and SCALIA, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge.

As a condition for the issuance of a nuclear power reactor operating license, the Nuclear Regulatory Commission (NRC or Commission) must find "that there is reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency." 10 C.F.R. § 50.47(a)(1) (1984). To determine whether the needed "assurance" exists, the Commission...

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