ELR Citation: ELR 20239
No(s). 06-1442 (7th Cir. Dec 5, 2006)

The court upheld the Atomic Safety Licensing Board's dismissal of environmental groups' intervention in early site permit proceedings for new nuclear power facilities in Clinton, Illinois. The groups contended, among other things, that the applicant failed to adequately consider energy efficiency or combinations of wind or solar power with fossil-fueled plants. But it was reasonable for the board to conclude that the National Environmental Policy Act (NEPA) did not require the consideration of energy efficiency alternatives. Likewise, it was reasonable for the board to delay the need-for-power analysis until the combined license application takes place. In addition, because the applicant is a private company engaged in generating energy for the wholesale market, the board's adoption of baseload energy generation as the purpose behind the permit was not arbitrary or capricious. Last, the board satisfied NEPA's procedural requirements and rendered a decision that thoughtfully considered all reasonable alternatives.