state government regarding nuclear safety, operational issues, and decommissioning a closed nuclear facility. The Atomic Energy Act of 1954 provided the federal government with exclusive jurisdiction to license the transfer, delivery, receipt, acquisition, possession, and use of nuclear materials. Congress, in passing the 1954 Act and amendments, intended that U.S. Government should regulate the “the radiological safety aspects involved in the construction and operation of a nuclear plant, but that the States retain their traditional responsibility in the field of regulating electrical utilities for determining questions of need, reliability, cost, and other related state concerns.” In a 1983 pre-emption test of state law, the U.S. Supreme Court affirmed the Federal Government maintains complete control of the safety and "nuclear" aspects of energy generation; and that states have role” regarding the license, transfer, delivery, “no receipt, acquisition, possession, and use of nuclear materials. For example, issues regarding the type of nuclear fuel used in operations, the type of casks used for dry storage, the operation of the SNF pool, are federal jurisdictional matters. As an example of this federal authority, to receive an NRC operating license, one must submit a safety analysis report, which includes a radioactive waste handling system. The regulations specify general design criteria and control requirements for fuel storage and handling and radioactive waste to be stored at the reactor site. [10 C.F.R. pt. 50, app. A (1982).] In addition, the NRC has promulgated detailed regulations governing storage and disposal away from the reactor. [10 C.F.R. pt. 72 (1982).] Lastly, The NRC issued its first nuclear decommissioning requirements in 2000. We, therefore, decline to review these issues here. We reiterate, however, that Edison remains responsible for all decommissioning planning and operational actions whether conducted by Edison employees or a contractor, and
state government regarding nuclear safety, operational issues, and decommissioning a closed nuclear facility. The Atomic Energy Act of 1954 provided the federal government with exclusive jurisdiction to license the transfer, delivery, receipt, acquisition, possession, and use of nuclear materials. Congress, in passing the 1954 Act and amendments, intended that “the U.S. Government should regulate the radiological safety aspects involved in the construction and operation of a nuclear plant, but that the States retain their traditional responsibility in the field of regulating electrical utilities for determining questions of need, reliability, cost, and other related state concerns.” In a 1983 pre-emption test of state law, the U.S. Supreme Court affirmed the Federal Government maintains complete control of the safety and "nuclear" aspects of energy generation; and that states have “no role” regarding the license, transfer, delivery, receipt, acquisition, possession, and use of nuclear materials. For example, issues regarding the type of nuclear fuel used in operations, the type of casks used for dry storage, the operation of the SNF pool, are federal jurisdictional matters. As an example of this federal authority, to receive an NRC operating license, one must submit a safety analysis report, which includes a radioactive waste handling system. The regulations specify general design criteria and control requirements for fuel storage and handling and radioactive waste to be stored at the reactor site. [10 C.F.R. pt. 50, app. A (1982).] In addition, the NRC has promulgated detailed regulations governing storage and disposal away from the reactor. [10 C.F.R. pt. 72 (1982).] Lastly, The NRC issued its first nuclear decommissioning requirements in 2000. We, therefore, decline to review these issues here. We reiterate, however, that Edison remains responsible for all decommissioning planning and operational actions whether conducted by Edison employees or a contractor, and
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