Metropolitan Edison Co. v. People Against Nuclear Energy | |
---|---|
Argued March 1, 1983 Decided April 19, 1983 | |
Full case name | Metropolitan Edison Co. v. People Against Nuclear Energy, et al. |
Citations | 460 U.S. 766 ( more ) 103 S. Ct. 1556; 75 L. Ed. 2d 534; 1983 U.S. LEXIS 21; 51 U.S.L.W. 4371; 18 ERC (BNA) 1985; 52 P.U.R.4th 189; 13 ELR 20515 |
Holding | |
The NEPA did not require the NRC to consider the conditions of PANE. | |
Court membership | |
| |
Case opinions | |
Majority | Rehnquist, joined by unanimous |
Concurrence | Brennan |
Laws applied | |
National Environmental Policy Act |
Metropolitan Edison Co. v. People Against Nuclear Energy, 460 U.S. 766 (1983), was a case decided by the United States Supreme Court.
After the meltdown of reactor number 2 at Three Mile Island, the People Against Nuclear Energy (PANE) contended that restarting reactor number 1 would cause severe psychological trauma to residents of nearby towns. When the NRC failed to consider this evidence in the statutorily required environmental impact statement, PANE sought review in the court of appeals, citing National Environmental Policy Act (NEPA) protections of the natural environment. The court granted the petition for review, and agreed with PANE that the NRC had acted improperly in failing to consider their evidence.
The Court ruled that the Nuclear Regulatory Commission did not act improperly in not considering the conditions of PANE.
In considering such concerns as warm water released into the Susquehanna River, and the release of low level radiation, the NRC acted properly under § 102(C) of the NEPA in considering environmental risks.
Justice Brennan filed a concurring opinion, agreeing with the Court's reasoning, but noting that PANE's argument extended the chain of causation too far by attempting to link restarting the reactor with the hypothetical psychological injury of a "perception of risk."
The Three Mile Island accident was a partial meltdown of the Three Mile Island, Unit 2 (TMI-2) reactor in Pennsylvania, United States. It began at 4 a.m. on March 28, 1979. It is the most significant accident in U.S. commercial nuclear power plant history. On the seven-point International Nuclear Event Scale, it is rated Level 5 - Accident with Wider Consequences.
The Nuclear Regulatory Commission (NRC) is an independent agency of the United States government tasked with protecting public health and safety related to nuclear energy. Established by the Energy Reorganization Act of 1974, the NRC began operations on January 19, 1975, as one of two successor agencies to the United States Atomic Energy Commission. Its functions include overseeing reactor safety and security, administering reactor licensing and renewal, licensing radioactive materials, radionuclide safety, and managing the storage, security, recycling, and disposal of spent fuel.
Vermont Yankee was an electricity generating nuclear power plant, located in the town of Vernon, Vermont, in the northeastern United States. It generated 620 megawatts (MWe) of electricity at full power. The plant was a boiling water reactor (BWR), designed by General Electric. It operated from 1972 until December 29, 2014, when its owner Entergy shut down the plant. In 2008, the plant provided 71.8% of all electricity generated within Vermont, amounting to 35% of Vermont's electricity consumption. The plant is on the Connecticut River, upstream of the Vernon, Vermont Hydroelectric Dam and used the reservoir pool for its cooling water.
Davis–Besse Nuclear Power Station is a 894 megawatt (MW), nuclear power plant, located northeast of Oak Harbor, Ohio in Ottawa County, Ohio. It has a single pressurized water reactor. Davis–Besse is operated by Energy Harbor.
Indian Point Energy Center (I.P.E.C.) is a three-unit nuclear power plant station located in Buchanan, just south of Peekskill, in Westchester County, New York. It sits on the east bank of the Hudson River, about 36 miles (58 km) north of Midtown Manhattan. The facility has permanently ceased power operations as of April 30, 2021. Before its closure, the station's two operating reactors generated about 2,000 megawatts (MWe) of electrical power, about 25% of New York City's usage. The station is owned by Holtec International, and consists of three permanently deactivated reactors, Indian Point Units 1, 2, and 3. Units 2 and 3 were Westinghouse pressurized water reactors. Entergy purchased Unit 3 from the New York Power Authority in 2000 and Units 1 and 2 from Consolidated Edison in 2001.
Three Mile Island Nuclear Generating Station is a closed nuclear power plant on Three Mile Island in Londonderry Township, Pennsylvania on Lake Frederic, a reservoir in the Susquehanna River just south of Harrisburg. It had two separate units, TMI-1 and TMI-2.
The San Onofre Nuclear Generating Station (SONGS) is a permanently closed nuclear power plant located south of San Clemente, California, on the Pacific coast, in Nuclear Regulatory Commission Region IV. The plant was shut down in 2013 after replacement steam generators failed; it is currently in the process of decommissioning. The 2.2 GW of electricity supply lost when the plant shut down was replaced with 1.8 GW of new natural-gas fired power plants and 250 MW of energy storage projects.
Braidwood Generating Station is located in Will County in northeastern Illinois, U.S. The nuclear power plant serves Chicago and northern Illinois with electricity. The plant was originally built by Commonwealth Edison company, and subsequently transferred to Com Ed's parent company, Exelon Corporation. Following Exelon's spin-off of their Generation company, the station was transferred to Constellation Energy.
The Crystal River Nuclear Plant also called the Crystal River 3 Nuclear Power Plant, or simply CR-3, is a closed nuclear power plant located in Crystal River, Florida. The facility is currently being decommissioned and is transitioning to a SAFSTOR condition. The power plant was completed and licensed to operate in December 1976, and operated safely for 33 years until shutdown in September 2009. It was the third plant built as part of the 4,700-acre (1,900 ha) Crystal River Energy Complex (CREC) which contains a single nuclear power plant, while sharing the site with four operational fossil fuel power plants.
The Byron Nuclear Generating Station is a nuclear power plant located in Ogle County, Illinois, 2 miles (3.2 km) east of the Rock River. The reactor buildings were constructed by Commonwealth Edison and house two Westinghouse Four-Loop pressurized water reactors, Unit 1 and Unit 2, which first began operation in September 1985 and August 1987 respectively. The plant is currently owned and operated by Constellation Energy.
The Calvert Cliffs Nuclear Power Plant (CCNPP) is a nuclear power plant located on the western shore of the Chesapeake Bay near Lusby, Calvert County, Maryland in the Mid-Atlantic United States. It is the only nuclear power plant in the state of Maryland.
The Price-Anderson Nuclear Industries Indemnity Act is a United States federal law, first passed in 1957 and since renewed several times, which governs liability-related issues for all non-military nuclear facilities constructed in the United States before 2026. The main purpose of the Act is to partially compensate the nuclear industry against liability claims arising from nuclear incidents while still ensuring compensation coverage for the general public. The Act establishes a no fault insurance-type system in which the first approximately $15 billion is industry-funded as described in the Act. Any claims above the $12.6 billion would be covered by a Congressional mandate to retroactively increase nuclear utility liability or would be covered by the federal government. At the time of the Act's passing, it was considered necessary as an incentive for the private production of nuclear power — this was because electric utilities viewed the available liability coverage as inadequate.
Nuclear power in the United States is provided by 92 commercial reactors with a net capacity of 94.7 gigawatts (GW), with 61 pressurized water reactors and 31 boiling water reactors. In 2019, they produced a total of 809.41 terawatt-hours of electricity, which accounted for 20% of the nation's total electric energy generation. In 2018, nuclear comprised nearly 50 percent of U.S. emission-free energy generation.
John Henry Large was an English consulting Chartered Engineer primarily known for his work in assessing and reporting upon nuclear safety and nuclear related accidents and incidents, work which has often featured in the media.
Comanche Peak Nuclear Power Plant is located in Somervell County, Texas. The nuclear power plant is located 40 miles (64 km) southwest of Ft. Worth and about 60 miles (97 km) southwest of Dallas. It relies on nearby Squaw Creek Reservoir for cooling water. The plant has about 1,300 employees and is operated by Luminant Generation, a subsidiary of Vistra Energy.
In Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development Commission, 461 U.S. 190 (1983), the United States Supreme Court held that a state statute regulating economic aspects of nuclear generating plants was not preempted by the federal Atomic Energy Act of 1954. The case provides a framework that has guided other cases involving preemption of federal authority.
The nuclear energy policy of the United States began in 1954 and continued with the ongoing building of nuclear power plants, the enactment of numerous pieces of legislation such as the Energy Reorganization Act of 1974, and the implementation of countless policies which have guided the Nuclear Regulatory Commission and the Department of Energy in the regulation and growth of nuclear energy companies. This includes, but is not limited to, regulations of nuclear facilities, waste storage, decommissioning of weapons-grade materials, uranium mining, and funding for nuclear companies, along with an increase in power plant building. Both legislation and bureaucratic regulations of nuclear energy in the United States have been shaped by scientific research, private industries' wishes, and public opinion, which has shifted over time and as a result of different nuclear disasters.
Baltimore Gas & Electric Co. v. Natural Resources Defense Council, Inc., 462 U.S. 87 (1983), is a United States Supreme Court decision that held valid a Nuclear Regulatory Commission (NRC) rule that during the licensing of nuclear power plants, the permanent storage of nuclear waste should be assumed to have no environmental impact.
Charles H. Eccleston is a former employee of the United States Energy Department (DOE), and later the Nuclear Regulatory Commission (NRC) who was convicted for attempting to breach protected computer systems. Eccleston, a U.S. citizen who had been living in Davao City in the Philippines since 2011, was terminated from his employment at the NRC in 2010. He was detained by Philippine authorities in Manila, Philippines, on March 27, 2015, and deported to the United States to face U.S. criminal charges. He initially came to the attention of the FBI in 2013 after he entered a foreign embassy in Manila and offered to sell a list of over 5,000 e-mail accounts of all officials, engineers and employees of a U.S. government energy agency. He said that he was able to retrieve this information because he was an employee of a U.S. government agency, held a top secret security clearance and had access to the agency’s network. He asked for $18,800 for the accounts, stating they were “top secret.” When asked what he would do if that foreign country was not interested in obtaining the U.S. government information he was offering, he stated he would offer the information to China, Iran or Venezuela, as he believed these countries would be interested in the information. On February 2, 2016, he pled guilty to one count of "attempted unauthorized access and intentional damage to a protected computer". In his guilty plea, he admitted scheming to cause damage to the computer network of the DOE through e-mails that he believed would deliver a computer virus to particular employees. He was incarcerated as inmate number 68974-112 and was released on July 15, 2016.
Calvert Cliffs' Coordinating Committee, Inc. v. United States Atomic Energy Commission, 449 F.2d 1109, is a court case which provided the first important court interpretation of the National Environmental Policy Act (NEPA).