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Virginia Elec. & Power Co. v. NRC

Citation: 8 ELR 20297
No. No. 76-2275, 571 F.2d 1289/(4th Cir., 02/28/1978)

The court affirms a Nuclear Regulatory Commission (NRC) order imposing $32,500 in civil penalties against petitioner public utility for making seven material false statements in connection with its application for a license for its North Anna nuclear power plant by failing to inform the NRC of geologic faulting at the site. The Commission correctly concluded that §§ 186 and 234 of the Atomic Energy Act reach acts of omission as well as commission and that knowledge of falsity is not necessary for the imposition of liability. The Commission's final order assessing the civil penalties is supported by substantial evidence and did not represent an abuse of the agency's discretion. Moreover, NRC did not err in acquitting the utility on 12 other similar charges.

Counsel for Petitioner Virginia Electric & Power Company
Michael W. Maupin, James N. Christman, James M. Rinaca
Hunton & Williams
707 E. Main St., Richmond VA 23212
(804) 788-8200

Counsel for Petitioner North Anna Environmental Coalition
William H. Rodgers
Georgetown University Law Center
600 New Jersey Ave. NW, Washington DC 20001
(202) 624-8000

Counsel for Respondents
Stephen F. Eilperin, Ass't General Counsel; James A. Fitzgerald, Steven P. Goldberg
Nuclear Regulatory Commission, Washington DC 20555
(202) 634-1398

Edmund B. Clark
Land & Natural Resources Division
Department of Justice, Washington DC 20530
(202) 737-8200

Haynsworth, Bryan & Butzner, JJ.