The potential effect of unchecked statistical assumptions: A fault in San Luis Obispo Mothers for Peace v. United States Nuclear Regulatory Commission

This Article explores the possible impact of several unchecked assumptions on the calculated risk of a radiation leak used by the San Luis Obispo court in evaluating the safety of the Diablo Canyon nuclear power plant. Further, it demonstrates that these assumptions are quite restrictive and should be verified with empirical data before subsequent results are routinely accepted. This Article emphasizes the San Luis Obispo court's statistical assumptions and their effect on safety estimates. However, unchecked assumptions of risk analyses similarly arise in other areas such as environmental or occupational health and safety. Better information concerning the statistical accuracy and reliability of the risk and benefits of technology to society is also useful in the continuing debate concerning the social costs and benefits that has involved a number of distinguished legal scholars