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Concerned Citizens of R.I. v. NRC

ELR Citation: 7 ELR 20607
Nos. No. 76-520, 430 F. Supp. 627/10 ERC 1075/(D.R.I., 04/19/1977)

The court dismisses plaintiff's challenge to the Nuclear Regulatory Commission's (NRC) docketing and processing of New England Power Company's applications for permits to construct two light-water nuclear power plants. The district court does not have jurisdiction over NRC's action because plaintiff has neither exhausted all nonfutile administrative remedies nor alleged that NRC has violated a clear, non-discretionary legal duty. An applicant for a construction permit from NRC need not own the proposed site before the application may be docketed or considered. Incomplete applications may also be docketed where the additional data required by statute or regulation will later be requested. NRC may begin its environmental impact statement preparation before all information is gathered so long as the state and local agencies have opportunity to offer input into the process. The court dismisses the case reluctantly, expressly stating that its action does not condone the power company's conduct.

Counsel for Plaintiff
Seth K. Gifford, Cynthia G. Collins
40 Westminister, Providence RI 02903
(401) 521-6100

Counsel for Defendants
James A. Fitzgerald
Nuclear Regulatory Commission
Washington DC 20555
(202) 634-1398

Everett C. Sammartino, Ass't U.S. Attorney
P.O. Box 1401, Providence RI 02903
(401) 528-4311

Thomas G. Dignan, Jr.
Ropes & Gray
225 Franklin St., Boston MA 02110
(617) 423-6100

Edward F. Hindle, Matthew F. Medieros
Edwards & Angell
One Hospital Trust Plaza, Providence RI 02903
(401) 274-9200