Huffman v. Western Nuclear, Inc.

Section 161(v) of the Atomic Energy Act of 1954, as amended, 78 Stat. 606, 42 U. S. C. §2201(v), provides that the Department of Energy (DOE) shall restrict its enrichment of foreign-source uranium intended for use in domestic facilities “to the extent necessary to assure the maintenance of a viable domestic uranium industry.” DOE has determined that the domestic uranium industry has not been “viable” 1 since 1983, and that the imposition of restrictions on the enrichment of foreign uranium would not assure viability. In this case we consider whether § 161(v) requires DOE to restrict the…