Nuclear Power Licensing and Regulation

Abstract

The Atomic Energy Commission's nuclear- power licensing function involves public hearings on complex technical issues relating to the safety of the proposed plants. In these proceedings, the AEC and the license applicant are typically allied, and the opposition comes from public groups which intervene to defend the public interest. Although the ultimate issues relate to the kind of benefit/risk considera tions which are essentially political in nature, the intervenors have been forced to advance their contentions by means of licensing proceedings because the closed political structure handling atomic energy precludes effective resort to the legis lative process. It is doubtful that such public participation in the determination of safety issues in an administrative pro ceeding characterized by the adversary process serves any useful purpose commensurate with the costs and delays in volved. There are indications that the AEC may be reform ing its procedures so as to bring about full and candid dis closure of the benefits and risks of nuclear power. Such a new policy would not only restore public confidence in the AEC as a regulatory agency, but would also provide a basis for removing the issues of benefit/risk determinations to the political and legislative arenas.