ELR Citation: ELR 20163
No(s). 77-1570 (D.C. Cir. Jan 6, 1978)

The court dismisses a petition to review the licensing of the Church Rock uranium mill by New Mexico authorities and affirms the Nuclear Regulatory Commission's (NRC's) denial of a hearing on the state's licensing action. The petition does not point to any specific NRC decision that finally affected the rights of the parties. In addition, the court finds that the NRC has no residual authority over this licensing action because it was conducted by state authorities pursuant to a federal-state agreement authorized by 42 U.S.C. §2021. A hearing before a body powerless to act is clearly not required.

Counsel for Petitioners
Neil M. Soltman, Brian C. Lysaught
O'Melveny & Myers
Suite 3800, 611 W. Sixth St., Los Angeles CA 90017
(213) 620-1120

Counsel for Respondents
Jerome Nelson, General Counsel; Stephen F. Eilperin, Solicitor; John W. Griggs
U.S. Nuclear Regulatory Commission
Washington DC 20555
(202) 634-1465

McGowan & MacKinnon, JJ.