Duke Power Company v. United States Nuclear Regulatory Commission, and United States of America

The petitioner, Duke Power Company (Duke), seeks review under 28 U.S.C. § 2342(4) (1983) of a decision of the Nuclear Regulatory Commission (Commission) denying its request for exemption from the Commission’s requirements for a near-site Emergency Operations Facility (EOF) at any nuclear power plant. Duke proposed to place the EOF for its Oconee Nuclear Plant, located in Oconee County, South Carolina, at a distance from the Plant considerably greater than that allowed under the Commission’s requirements, i.e. at Duke’s general offices in Charlotte, North Carolina, located 125 air miles from…