The U.S. Court of Appeals for the Sixth Circuit has upheld the Nuclear Regulatory Commission's (NRC's) decision approving the VSC-24 concrete cask for storing spent nuclear fuels. The generic approval of the technology permitted Consumers Power Co. to construct dry cask facilities at its Palisades nuclear project and begin loading spent fuel. The State of Michigan and owners of land near the Palisades plant claimed that the Atomic Energy Act required the NRC to hold hearings to consider site-specific issues. The court found that the NRC had allowed extensive public comment in amending its existing spent fuel storage rules and that applicable nuclear safety or environmental statutes did not require a "formal adjudicatory hearing" on such matters. Kelley et al. v. Selin et al., Nos. 93-1646 et al., Jan. 11, 1995 (6th Cir.). t
Cases were reviewed by Phillip S. Cross, an associate legal editor of PUBLIC UTILITIES FORTNIGHTLY.
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