Publication Laka-library:
Petition for rehearing (1985)
| Author | US Supreme Court |
| Date | October 1985 |
| Classification | 3.01.8.11/08 (UNITED STATES - SITES - HARRISBURG (TMI)) |
| Front | 
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From the publication:
CONCLUSION The NRC argues that the decision of the court of appeals bears merely on a "fact- bound dispute" and conflicts with no decision of this Court and. therefore, does not warrant review (Federal Resp. at 6). Met Ed argues that this case does not involve any important question of federal law or public policy. Met Ed also argues that the key issues are purely factual to conclude that this Court's decision "is unlikely to have any impact beyond the particular facts and circumstances of this case" (Met Ed Resp. at 6). The NRC and Met Ed are wrong on all counts. The Nuclear Regulatory Commission is charged by the Congress with an awesome responsibility: "Responsibility to regulate and enforce the safety aspects of nuclear energy power plants remains the sole province of the Nuclear Regulatory Commission's expertise" (emphasis added), Suffolk County v. Long Island Lighting Co., C.A. N.Y. 1974. 728 F. 2d 52. Only the NRC is empowered to initiate those enforcement actions necessary to assure that a licensee acts within legal bounds. The NRC's expertise can be used either as a sword to protect the public or a shield to hide behind as it sweeps wrongdoing under the rug. In the instant case, the Commission violated its trust and hid behind the shield to cover up its own wrongdoing, as well as the unlawful acts of licensee. The NRC knew in 1979 and knows today that licensee risked the lives of many by falsely claiming a zero-reading surveillance. Its staff not only knew this, it actively covered it up. The NRC knew in 1979 and knows today that the Hartman allegations reach up to TMI management. For seven years the NRC has alternately covered its eyes and engaged in deception to coverup the harm people suffered as a consequence of the accident at TMI. The essence of the case before this Court is the specter of a federal agency out of control. Various arms of the Nuclear Regulatory Commission have for seven years profaned the law with impunity by hiding behind NRC "expertise".
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