In the Matter of Louisiana Energy Services, L.P.
Nuclear Regulatory Commission, Atomic Safety and Licensing Board
LBP-97-8, 45 N.R.C. 367 (1997)
Louisiana Energy Services (LES) (defendant) sought an NRC license to operate a uranium-enrichment facility on land immediately adjacent to Forest Grove and Center Springs, two of the poorest, most disadvantaged, and 97%-African-American communities in the country. LES's multi-state site-selection process included visiting and consulting communities elsewhere — even rejecting one site near a 'nice lake' and 'nice homes' as unwelcoming to the facility — but never consulted Forest Grove or Center Springs residents directly, instead speaking with residents of Homer, Louisiana, roughly five miles from the actual site. Citizens Against Nuclear Trash (CANT) (plaintiff) intervened, arguing the site selection was racially motivated in violation of Executive Order 12,898's environmental-justice nondiscrimination mandate, and the Licensing Board reviewed the petition.
Whether the nondiscrimination component of Executive Order 12,898 requires NRC staff to investigate the merits of a site-selection process to ensure minority and low-income populations are not subjected to racial discrimination.