In a petition for review of the Nuclear Regulatory Commission's refusal to include the threat of air attacks in its final revised Design Basis Threat rule, the petition is denied where the Commission was not departing from an established standard but is merely elaborating on the interpretation of its own regulation, and its elaboration was not arbitrary or capricious.
Argued and Submitted November 17, 2008
Filed July 24, 2009
Opinion by Judge Hall
Partial Concurrence and Dissent by Judge Thomas
Steven F. Crockett, Special Counsel, Nuclear Regulatory Commission, Washington, DC
Karen D. Cyr, General Counsel, Nuclear Regulatory Commission, Washington, DC