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Illinois v. NRC

ELR Citation: 9 ELR 20100
Nos. No. 78-1171, 591 F.2d 12/12 ERC 1652/(7th Cir., 01/10/1979)

The court upholds the Nuclear Regulatory Commission's (NRC's) denial of petitioner's request to revoke the license of the Morris, Illinois, nuclear fuel reprocessing plant, as well as its decision not to institute a proceeding to consider that request. Neither the Atomic Energy Act, the Administrative Procedure Act, nor the defendant's regulations require that a hearing be convened to consider enforcement petitions such as that presented by plaintiff. Plaintiff has thus failed to meet its burden on this claim. The NRC's response to the plaintiff's petition was sufficiently thorough, and its decision not to close the facility is consistent with its statutory authority and cannot, therefore, be deemed arbitrary and capricious.

Counsel for Petitioner
George Wolff
Office of the Attorney General
188 W. Randolph St., Chicago IL 60601
(312) 793-2491

Counsel for Respondents
Stephen M. Eilperin, Solicitor
Nuclear Regulatory Commission, Washington DC 20555
(202) 634-3288

Thomas P. Sullivan, U.S. Attorney; Robert Semmer
219 S. Dearborn St., Rm. 1500 S., Chicago IL 60604
(312) 353-5333

Before SPRECHER, BAUER, and WOOD, Circuit Judges.