Court decision could be setback for Oyster Creek

The decision today by the U.S. Supreme Court not to review a California appellate court ruling requiring federal regulators to assess the environmental impact of a possible terrorist attack on a new storage facility for nuclear waste could have important implications for the Oyster Creek nuclear power plant, which is seeking a 20-year license renewal.

The Nuclear Regulatory Commission has long maintained that the National Environmental Policy Act does not require the possibility of terrorist attacks to be taken into account before the agency issues licenses or permits. The appeals court in June said the NRC should have considered the environmental consequences of a potential terrorist attack before approving the storage facility. Aware of the implications a Supreme Court ruling could have, the five NRC commissioners in September postponed making a decision on New Jersey's request for a terrorism-impact hearing on Oyster Creek.

The susceptibility of nuclear power plants to terrorism should be part of the licensing, and license renewal, process. The need for such a review is even more imperative at older plants such as Oyster Creek, whose dated design makes them particularly vulnerable.