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PamW

(1,825 posts)
6. It won't be up to the State of California...
Tue Nov 5, 2013, 07:18 PM
Nov 2013

kristopher states
Her group recommends that the state allow the continued use of once-through cooling at Diablo Canyon

If there's one thing that the anti-nukes should have learned from the folderol of the recent Vermont Yankee court case and appeal, is that the law as reviewed by the Supreme Court is pretty settled law. If one considers the controlling legislation namely, The Atomic Energy Act of 1954, the Energy Reorganization Act of 1974 (which created the NRC to do the AEC's regulation function ), and the US Supreme Court cases reviewing these laws, namely, Vermont Yankee vs. National Resource Defense Council, Baltimore Gas & Electric vs. National Resource Defense Council and Pacific Gas & Electric vs. State Energy Resources Conservation and Development Commission that when it comes to nuclear power, Congress has the power to usurp all state regulatory power and has chosen to do so; with the exception of economic issues for plants not yet built ( from the PG&E case). In regard to operating plants, the Congress meant to vest virtually TOTAL regulatory responsibility in the Nuclear Regulatory Commission. The most recent federal court decisions with respect to Vermont Yankee, and the appeal of same; upheld the NRC's pre-emptory powers.

The good thing about science is that it is true, whether or not you believe in it.
--Neil deGrasse Tyson

Can say the same thing about Laws and US Supreme Court decisions.

PamW

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