Nuclear Agency Asks Judge to Toss State Licensing Costs Lawsuit

Claims by two states and a nuclear energy company that federal regulators overstepped their authority by treating smaller reactors the same as larger facilities lack merit and were made in the wrong venue, the Nuclear Regulatory Commission told a federal judge.

Federal appeals courts, not district courts, have exclusive jurisdiction under the Administrative Orders Review Act, also known as the Hobbs Act, to determine the validity of rules and regulations pertaining to NRC licensees, the commission said in a motion to dismiss filed Monday in the US District Court for the Eastern District of Texas.

The commission also moved to ...