Guard v. United States Nuclear Regulatory Commission, Southern California Edison Company, Intervenors

GINSBURG, Circuit Judge.

As a condition for the issuance of a nuclear power reactor operating license, the Nuclear Regulatory Commission (NRC or Commission) must find “that there is reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency.” 10 C.F.R. § 50.47(a)(1) (1984). To determine whether the needed “assurance” exists, the Commission reviews the license applicant’s onsite and offsite emergency response plans for compliance with enumerated standards. Id. § 50.47(b). One of the standards specifies that the response plans include…