Off-site preparedness and nuclear-power-plant licensing

The first year and a half in which off-site emergency preparedness issues have been litigated before the Atomic Safety and Licensing Boards of the NRC have surfaced unique problems of proof for the applicant as well as the staff. These problems seem to be abating as the boards and the parties become more comfortable with the field and its issues, and as FEMA-NRC emergency management expertise gains credibility. Emergency preparedness presentations have also improved as the parties have become more sensitive to the seasonality of the preparedness case, and have increasingly attempted to raise it at a time when a fully developed set of facts is available for the record. Off-site preparedness issues are only now beginning to be raised on appeal to the NRC appeals board, the full commission, and the courts. Helpful guidance on what constitutes an adequate record in this area will undoubtedly be forthcoming in decisions handed down by these bodies in the months ahead