Garrett v. NRC
Citation: 8 ELR 20509
No. No. 78-269, 11 ERC 1567/(D. Or., 03/31/1978) Motion for TRO denied
The court denies a request that a temporary restraining order (TRO) be issued prohibiting defendant public utility from transferring spent nuclear fuel from the reactor at the Trojan Nuclear Plant to an on-site waste storage facility. The on-site facility was designed to handle spent-fuel containers for periods of no more than several months, but due to a lack of available long-term facilities, the decision was made to store waste in the Trojan facilities for an indefinite period. Plaintiffs claim that this decision violates state law and that the failure to prepare an environmental impact statement contravenes the National Environmental Policy Act. A prerequisite to the issuance of a TRO is the imminent threat of irreparable injury to the plaintiff. Here, the anticipated injury is not irreparable because until the reactor is refueled, defendants retain the ability to remove the spent-fuel cannisters from storage and replace them in the reactor. Refueling will not take place for seven weeks from the date of the instant decision; in the interim, a full hearing will be held to consider plaintiffs' suit for a preliminary injunction. [The opinion of the court in that matter can be found at 8 ELR 20510.] Moreover, the danger of radiation leakage of which plaintiffs complain would likely take many lifetimes to materialize. The court declines to premise temporary injunctive relief on the assumption that the government does not intend to construct long-term nuclear waste storage facilities prior to that time.
Counsel for Plaintiffs
4150 S.W. Dosch Rd., Portland OR 97200
Charles J. Merten
Suite, C, Mikado Block, 117 S.W. Taylor, Portland OR 97204
Counsel for Defendants
Sidney I. Lezak, U.S. Attorney; Thomas C. Lee, Ass't U.S. Attorney
P.O. Box 71, Portland OR 97207
Warren Hastings, Associate General Counsel
Portland General Electric Co.
1325 Williamette Center Tower, 121 S. W. Salmon, Portland OR 97204