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Detroit Edison Co. v. NRC

ELR Citation: 10 ELR 20879
Nos. Nos. 78-3187, -3196, 630 F.2d 450/14 ERC 2090/(6th Cir., 09/05/1980)

The Sixth Circuit Court of Appeals rejects a challenge to the Nuclear Regulatory Commission's exercise of jurisdiction to regulate the siting of transmission lines from nuclear power plants. Without deciding whether the Commission has authority to consider the environmental effects of transmission lines under the National Environmental Policy Act, the court concludes that such authority is conferred by the Atomic Energy Act, which gives the Commission jurisdiction to regulate any utilization facility and its component parts. Since the Commission is entitled to deference in its reading of this language to cover transmission lines, and since there is no merit to petitioners' claim that Congress intended to vest such jurisdiction solely in the states, the Commission's view is upheld, and the petition is dismissed.

Counsel for Petitioners
Harry H. Boight
LeBoeuf, Lamb, Leiby & MacRae
1333 New Hampshire Ave. NW, Washington DC 20036
(202) 457-7500

Peter A. Marquardt
Detroit Edison Co.
2000 2d Ave., Detroit MI 48226
(313) 237-8000

Counsel for Respondents
Stephen F. Eilperin
Nuclear Regulatory Commission, Washington DC 20555
(202) 634-1465

James W. Moorman, Ass't Attorney General; Edward J. Shawaker, Anne S. Almy
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2701

Before: BROWN, MARTIN, and JONES, Circuit Judges.