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Shieldalloy Metallurgical Corp. v. Nuclear Reg. Comm'n, No. 09-1268

Petition for Review of Nuclear Regulatory Commission's Order

In Shieldalloy Metallurgical Corp. v. Nuclear Reg. Comm'n, No. 09-1268, a petition for review of the Nuclear Regulatory Commission's (NRC) transfer of regulatory authority to New Jersey, that New Jersey's nuclear energy program was incompatible with the federal scheme and that the transfer of authority was arbitrary and capricious, the court granted the petition where the NRC should have explained how petitioner's decommissioning process could proceed under the New Jersey regime free of the interference and interruption sought to be avoided by the NRC's Criterion 25 and why the partial transfer was not an appropriate alternative arrangement.


As the court wrote:  "Under § 274 of the Atomic Energy Act of 1954 as amended, Pub. L. 86-373, 73 Stat. 688 (1959), codified at 42 U.S.C. § 2021 ("AEA"), the Nuclear Regulatory Commission ("NRC") is authorized to transfer regulatory authority over various categories of nuclear materials within a state to the state government, provided that the state's regulatory program is "compatible with the [NRC's] program" and is "adequate to protect the public health and safety."

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