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Connecticut Light and Power Co. v. Nuclear Regulatory Commission

United States Court of Appeals for the District of Columbia Circuit

673 F.2d 525 (1982)

Relevant factsFree

The NRC (defendant) proposed a comprehensive nuclear-plant fire-protection program without fully specifying technical justifications in its notice, though some referenced material was already widely known in the industry or had already undergone extensive public comment; its final rules imposed some stricter requirements than proposed but included an exemption mechanism for plants that could show an alternative method worked equally well. Connecticut Light and Power (plaintiff) challenged the final rules, arguing the NRC failed to provide proper notice and sufficient technical justification.

IssueFree

Whether, under the Administrative Procedure Act, an agency engages in proper rulemaking when the agency provides procedures that permit useful participation in the notice-and-comment process.

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