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Brodsky v. U.S. Nuclear Regulatory Commission

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Argued: May 11, 2009

Before WALKER and WALLACE*fn1, Circuit Judges.*fn2

This case tests the limits of our jurisdiction under the Hobbs Act to review orders of the U.S. Nuclear Regulatory Commission (“NRC” or “Commission”). The NRC is the federal agency that licenses and regulates all nuclear power plants in the United States, including the Indian Point Energy Center (“Indian Point”) in Buchanan, NY, operated by Entergy Nuclear Operations, Inc. (“Entergy”). The Atomic Energy Act (“AEA”), which gives the NRC its authority, requires the Commission to hold hearings before taking certain actions, such as granting or amending a license. Petitioners Richard Brodsky et al. contend that the NRC violated this hearing requirement when granting Indian Point an exemption from a fire safety regulation with which it was out of compliance. Petitioners also argue that, apart from the hearing requirement, the exemption is an invalid exercise of the NRC’s authority.

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