ELR Citation: ELR 20219
No(s). 72-2177 (D.C. Cir. Mar 8, 1973)

An Atomic Energy Commission order extending the completion dates in construction permits for two nuclear power plants is reversed because the AEC failed to provide notice and an opportunity for a hearing. In addition to the full environmental review required by the National Environmental Policy Act, §189(a) of the Atomic Energy Act requires notice and a hearing on extensions at the request of any interested person, a request which was made in this case. The court suggests that only when a hearing is not requested may the AEC proceed informally, and then only if the Commission determines that the extension involves "no significant hazards consideration." The AEC's extension order made no reference to such a finding.

Counsel for Petitioners
Lewis D. Drain
500 Frey Building
Grand Rapids, MI 49502

Myron M. Cherry
135 South Sa Salle St.
Chicago, IL 60603

Counsel for Respondents
Jerome Nelson Solicitor
U.S. Atomic Energy Commission
Washington, DC 20545

Edmund Clark
U.S. Department of Justice
Washington, DC 20530

Counsel for Intervenors Indiana & Michigan Electric Co. and Indiana & Michigan Power Co.
Gerald Charnoff
910 17th St. NW
Washington, DC 20006