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Hodder v. NRC

Citation: 9 ELR 20058
No. No. 76-1709, 589 F.2d 1115/13 ERC 1711/(D.C. Cir., 12/26/1978)

The court affirms two Nuclear Regulatory Commission (NRC) decisions authorizing the construction of a nuclear power plant at Hutchinson Island, Florida. Petitioners are mistaken in their contention that the island itself constitutes a "population center" within the meaning of NRC's regulations because its populace is dispersed rather than concentrated. The claim that NRC violated the National Environmental Policy Act (NEPA) by failing to consider the effects of a major nuclear accident is likewise erroneous. Previous cases have established that the Commission need not consider the environmental impacts of "Class 9" accidents because of the extreme improbability of their occurence. The court also rules that the consideration given possible alternative sites by NRC was adequate to fulfill NEPA's requirements.

Counsel for Petitioners
Martin H. Hodder
1131 NE 86th St., Miami FL 33138
(305) 751-8706

Counsel for Respondents
James L. Kelly, Acting General Counsel; Stephen F. Eilperin, Solicitor; Stephen S. Ostrach, Mark E. Chopko
Office of the General Counsel
Nuclear Regulatory Commission, Washington DC 20555
(202) 634-1465

Peter R. Steenland, George R. Hyde, III
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 724-6762

Counsel for Intervenor Florida Power & Light Co.
Harold F. Reis
Lowenstein, Newman, Reis, Axelrad & Toll
1025 Connecticut Ave. NW, Washington DC 20036
(202) 862-8400

Norman Coll
Steel, Hector & Davis
Southeast First National Bank Bldg., Miami FL 33131
(305) 577-2800