Nrc

I. Background

A. The History of the Commission and Development of the “Adequate Protection” Standard

To better understand the complicated history of the DBT Rule, we first outline the role of the NRC itself. In 1954, Con- gress passed the Atomic Energy Act (“Act”). 42 U.S.C. § 2011 et seq. The Act created the Atomic Energy Commis- sion, later renamed the Nuclear Regulatory Commission, to regulate and develop the use of atomic energy. The Act is “virtually unique in the degree to which broad responsibility is reposed in the administrative agency, free of close prescrip- tion in its charter as to how it shall proceed in achieving the statutory objectives.” Siegel v. Atomic Energy Commission, 400 F.2d 778, 783 (D.C. Cir. 1968).

When licensing nuclear facilities, the Commission is charged with ensuring that the operation of those facilities is “in accord with the common defense and security and will provide adequate protection to the health and safety of the public.” 42 U.S.C. § 2232(a). Although “adequate protection” is not defined in the statute, legislative history “indicate[s] that the Congressional concern with the common defense and PUBLIC CITIZEN v. NRC …