Aamodt v. United States Nuclear Regulatory Commission

OPINION OF THE COURT

STAPLETON, Circuit Judge.

Three Mile Island Nuclear Station has two units, TMI-1 and TMI-21. On March 28, 1979, an accident severely damaged TMI-2. Prior to the accident, TMI-1 had been shut down for normal refueling and maintenance. On July 2, 1979, the Nuclear Regulatory Commission (“NRC”) issued an *722immediately effective order requiring that TMI-1 remain shut down until the Commission, after a public hearing, determined that there was reasonable assurance that the licensee could restart and operate the unit without endangering the health and safety of the public. 44…