Honicker v. NRC
Citation: 9 ELR 20058
No. No. 78-2137, 590 F.2d 1207/(D.C. Cir., 12/26/1978)
The court dismisses for lack of jurisdiction a petition to review the Nuclear Regulatory Commission's refusal to take immediate action in response to an emergency petition for the shutdown of nuclear power plants throughout the nation. The Commission's letter informing petitioner of its intention to devote further study to the issues raised by her emergency petition and its determination that emergency action in the interim is unwarranted does not constitute a reviewable "final order" under the Atomic Energy Act. The administrative process has not yet been completed, and there has been no final determination of the substantive issues. The court notes that petitioner cannot point to any statutory or regulatory provision according her the right to file an emergency petition for direct and immediate action by the Commission.Moreover, even if emergency relief were part of the statutory or regulatory scheme, judicial deference to the Commission's greater expertise on questions of interim relief would be appropriate.
Counsel for Petitioner
156 Drakes Lane, Summertown TN 38483
Counsel for Respondent
Stephen F. Eilperin, Solicitor; E. Leo Slaggie
Office of the General Counsel
Nuclear Regulatory Commission, Washington DC 20555
Before: WRIGHT,* Chief Judge, TAMM and MacKINNON, Circuit Judges.