Legal Opinion
Mississippi Power & Light Co. v. United States Nuclear Regulatory Commission
Court of Appeals for the Fifth Circuit
Decided August 24, 1979No. Nos. 78-1565, 78-1871 and 78-2200PublishedCited by 5 opinions
1Opinion of the Court
JAMES C. HILL, Circuit Judge.
Appellants seek review of a licensing fee schedule adopted by the Nuclear Regulatory Commission (NRC) on February 9, 1978. In reviewing the fee schedule we must decide whether the charges assessed by the agency may properly be classified as “fees,” or branded as unconstitutional “taxes.” After careful examination of the assessments levied by the agency, we conclude that the fee schedule should be upheld.
I
On August 10, 1973, the Atomic Energy Commission (AEC), the predecessor of the NRC, adopted a fee schedule designed to recover the costs for processing…
2Cases cited11 opinions
- Duke Power Co. v. Carolina Environmental Study Group, Inc.Supreme Court of the United States · 1978
- Columbia Broadcasting System, Inc. v. Democratic National CommitteeSupreme Court of the United States · 1973
- Power Reactor Development Co. v. International Union of Electrical, Radio & MacHine WorkersSupreme Court of the United States · 1961
- National Cable Television Assn., Inc. v. United StatesSupreme Court of the United States · 1974
- Federal Power Commission v. New England Power Co.Supreme Court of the United States · 1974
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3Cited by5 opinions
- Home Builders Ass'n of Mississippi, Inc. v. City of MadisonCourt of Appeals for the Fifth Circuit · 1998
- Nevada Power Co. v. WattCourt of Appeals for the Tenth Circuit · 1983
- Douglas Place Partnerships v. City Of Madison, MississippiCourt of Appeals for the First Circuit · 1998
- Mississippi Power & Light Co., Offshore Power Systems, and Florida Power & Light Co. v. United States Nuclear Regulatory Commission and United States of America, Nuclear Engineering Co., Inc. v. United States Nuclear Regulatory Commission and United States of America, Chem-Nuclear Systems, Inc., a Washington Corporation v. United States Nuclear Regulatory Commission and United States of AmericaCourt of Appeals for the Fifth Circuit · 1979
- Nevada Power Co. v. James G. Watt, Secretary of the Interior, Frank Gregg, Director of the Bureau of Land Management, and Paul L. Howard, Director of the Utah State Office of the Bureau of Land Management, Public Service Company of Colorado, Idaho Power Company, the Montana Power Company, Pacific Power & Light Company, Sierra Pacific Power Company, Southern California Edison Company, San Diego Gas and Electric Company, Plaintiffs- and Cross-Appellants v. James G. Watt, Secretary of the Interior, Frank Gregg, Director of the Bureau of Land Management, Dale R. Andrus, Director of the Colorado State Office of the Bureau of Land Management, Glendon E. Collins, Acting Director of the Arizona State Office of the Bureau of Land Management, James R. Ruch, Director of the California State Office of the Bureau of Land Management, Robert O. Buffington, Director of the Idaho State Office of the Bureau of Land Management, Michael J. Penfold, Director of the Montana State Office of the Bureau of Land Management, Edward Spang, Director of the Nevada State Office of the Bureau of Land Management, E.J. Petersen, Acting Director of the Oregon State Office of the Bureau of Land Management, Dell Vail, Acting Director of the Wyoming State Office of the Bureau of Land Management, Defendants- and Cross-Appellees. Colorado-Ute Electric Association, Inc. v. James G. Watt, Secretary of the Interior, Frank Gregg, Director of the Bureau of Land Management, Charles W. Luscher, Acting State Director of the Colorado State Office of the Bureau of Land ManagementCourt of Appeals for the Tenth Circuit · 1983