Natural Resources Defense Council, Inc. v. Nuclear Regulatory Commission and United States of America, Westinghouse Electric Corporation, Intervenor

WILKEY, Circuit Judge:

This appeal raises the issue of whether and to what extent “effective control” of nuclear exports requires the Nuclear Regulatory Commission (NRC or Commission) to consider projected health and safety impacts associated with an exported reactor in the recipient foreign country. To answer this question it is necessary to look closely at the complex statutory mandate for atomic energy.

Outline

I. Background

A. Export License Proceedings

B. The Philippines’ Application

C. The Commission's Decision

1. Atomic Energy Act.

2. National Environmental Policy of 1969 (NEPA).

3. Separate…