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Desrosiers v. NRC

Citation: 10 ELR 20313
No. No. Civ.-1-80-36, 487 F. Supp. 71/(E.D. Tenn., 04/02/1980)

After granting the motion of the Tennessee Valley Authority to intervene as a party defendant, the court dismisses an action seeking an order requiring the Nuclear Regulatory Commission (NRC) to hold a hearing concerning the operations of the Sequoyah nuclear plant. Section 189 of the Atomic Energy Act provides for the holding of hearings in connection with the issuance of nuclear power plant construction permits and operating licenses. The NRC's Rules of Practice implementing this provision require an interested party to file a request for a hearing withing 30 days of the date on which the notice of the availability of such a hearing is published in the Federal Register. Since such a notice was published with respect to the Sequoyah plant in 1974 and plaintiff did not request a hearing at that time, he has failed to exhaust his administrative remedies. Moreover, even if the denial of plaintiff's request for a hearing could be considered final action for purposes of judicial review, jurisdiction over the action would lie only in the courts of appeals. Thus, plaintiff's complaint is dismissed.

Counsel for Plaintiff
Rodney C. Strong
Farr & Associates
707 Georgia Ave., Chattanooga TN 37402
(615) 267-0424

Counsel for Defendants
Stephen F. Eilperin, Solicitor; Mark E. Chopko
Office of the General Counsel
Nuclear Regulatory Commission, Washington DC 20555
(202) 634-3288

John C. Cook, Ass't U.S. Attorney
359 U.S. Post Office & Courthouse, Chattanooga TN 37402
(615) 756-4250

Counsel for Intervenor Tennessee Valley Authority
Herbert S. Sanger Jr., Justin M. Schwamm Sr., Michael R. McElroy, Alvin H. Gutterman
Office of the General Counsel
Tennessee Valley Authority, Knoxville TN 37902
(615) 632-2101