Monday, April 9, 2012

Arbitrator may review denial of unescorted access to Nuclear Facilities

The Seventh Circuit has reversed a district court’s decision concerning the ability of an arbitrator to review and remedy the wrongful denial of unescorted access to nuclear facilities.Exelon Generation Co. v. Local 15, IBEW. The Circuit rejected Exelon’s argument that the Nuclear Regulatory Commission’s regulations limit the ability to review the denial of unescorted access to the licensee. The court noted that there has been a lengthy history of NRC approval of arbitral review of denial of access decisions and nothing in either the revised regulations or the comments in the regulatory rulemaking record indicated an intent to change that policy

Update: The Seventh Circuit  has rejected a request for rehearing en banc, with Judge Posner writing a separate opinion calling for congressional or NRC action to address the issue of arbitrator's review of unescorted access questions.  The Court's decision can be found here.

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