Professional Reactor Operator Society v. The United States Nuclear Regulatory Commission and the United States of America

Opinion for the Court filed by Circuit Judge RUTH BADER GINSBURG.

RUTH BADER GINSBURG, Circuit Judge:

This case concerns a rule adopted by the Nuclear Regulatory Commission (NRC or Commission) for the conduct of witness interviews in connection with NRC investigations and inspections of licensed facilities. The rule, titled “Sequestration of Witnesses Under Subpoena/Exclusion of Attorneys,” permits: (1) sequestration of subpoenaed witnesses during an interview; and (2) exclusion, as counsel accompanying the interviewee, of an attorney representing “multiple interests,” if the agency official…