vermont yankee nuclear power nrdc argued november decided april together consumers power aeschliman et also certiorari extensive hearings atomic safety licensing board licensing board respondent objections atomic energy commission aec granted petitioner vermont yankee nuclear power license operate nuclear power plant ruling affirmed atomic safety licensing appeal board appeal board subsequently aec specifically referring appeal board decision instituted rulemaking proceedings deal question considering environmental effects associated uranium fuel cycle individual analyses nuclear power reactors proceedings licensing board use full formal adjudicatory procedures eventually result rulemaking proceedings aec issued fuel cycle rule time aec approved procedures used hearing indicated record including environmental survey provided adequate data base rule adopted ruled extent rule differed appeal board decision decision presidential significance since environmental effects uranium fuel cycle shown relatively insignificant unnecessary apply rule vermont yankee environmental reports submitted prior rule effective date environmental statements circulated comment prior date respondents appealed aec adoption fuel cycle rule decision grant vermont yankee license respect license appeals first ruled absence effective rulemaking proceedings aec must deal environmental impact fuel reprocessing disposal individual licensing proceedings went hold despite fact appeared aec employed procedures required administrative procedure act apa ed rulemaking proceedings inadequate overturned rule accordingly aec determination respect license also remanded proceedings examination report advisory committee reactor safeguards acrs extensive hearings respondent intervenors objections aec granted petitioner consumers power permit construct two nuclear reactors ruling affirmed appeal board time council environmental quality revised regulations governing preparation environmental impact statements mention first time necessity considering energy conservation one alternatives proposed project view development subsequent aec ruling indicating evidence energy conservation necessarily barred threshold aec proceedings one intervenors moved reopen permit proceedings energy conservation considered aec declined reopen proceedings respondents appealed granting construction permit appeals held environmental impact statement construction reactors fatally defective failure examine energy conservation alternative plants size acrs report inadequate returned acrs elucidation understandable layman remanded case appropriate consideration waste disposal unaddressed issues held generally speaking ed establishes maximum procedural requirements congress willing courts impose upon federal agencies conducting rulemaking proceedings agencies free grant additional procedural rights exercise discretion reviewing courts generally free impose agencies chosen grant even apart apa formulation procedures basically left within discretion agencies congress confided responsibility substantive judgments pp appeals cases seriously misread misapplied statutory decisional law cautioning reviewing courts engrafting notions proper procedures upon agencies entrusted substantive functions congress moreover appeals decision respect agency action taken full adjudicatory hearings improperly intruded agency process pp aec acted well within statutory authority considered environmental impact fuel processes licensing nuclear reactors pp nothing apa national environmental policy act nepa circumstances case nature issues considered past agency practice statutory mandate aec operates permitted appeals review overturn rulemaking proceeding basis procedural devices employed employed aec long aec used least statutory minima matter doubt pp whether challenged rule finds sufficient justification administrative proceedings upheld reviewing case remanded appeals may review rule apa provides engage kind review stray beyond judicial province explore procedural format impose upon agency notion procedures best likely vague undefined public good appeals wrong holding rejection energy conservation basis threshold test capricious arbitrary inconsistent nepa basic mandate aec since rationale basically misconceives scope agency statutory responsibility also nature administrative process thrust agency decision type issues intervenors trying raise seriously mischaracterized aec threshold test placing heavy substantive burdens intervenors contrary aec stated procedure requiring showing sufficient require reasonable minds inquire procedure well within agency discretion pp appeals holding licensing board returned acrs report acrs elaboration erroneous unjustifiable intrusion administrative process nothing relevant statutes justify pp rehnquist delivered opinion members joined except blackmun powell took part consideration decision cases thomas dignan argued cause petitioner briefs marshall moriarty william patton gad iii charles horsky argued cause petitioner briefs harold reis deputy solicitor general wallace argued cause federal respondents support petitioners cases pursuant rule briefs solicitor general mccree acting assistant attorney general liotta harriet shapiro edmund clark john zimmerman peter strauss stephen eilperin henry nickel george freeman filed brief respondents baltimore gas electric et al support petitioner pursuant rule richard ayres argued cause filed briefs respondents myron cherry argued cause nonfederal respondents brief peter fn briefs amici curiae urging reversal filed cameron macrae leonard trosten harry voigt edison electric institute et al leonard theberge john cannon edward dowd manning muntzing hans bethe et al max dean david heller labor party louis lefkowitz attorney general new york samuel hirshowitz first assistant attorney general philip weinberg john shea iii assistant attorneys general cabanne howard assistant attorney general maine ellyn weiss assistant attorney general massachusetts filed brief named amici curiae urging affirmance cases joined officials respective follows william baxley attorney general alabama henry caddell assistant attorney general richard wier attorney general delaware june macartor deputy attorney general robert shevin attorney general florida marty friedman assistant attorney general arthur bolton attorney general georgia robert bomar senior assistant attorney general william scott attorney general illinois richard cosby assistant attorney general curt schneider attorney general kansas william griffin assistant attorney general robert stephens attorney general kentucky david short assistant attorney general william guste attorney general louisiana richard troy assistant attorney general joseph brennan attorney general maine francis burch attorney general maryland warren rich assistant attorney general francis bellotti attorney general massachusetts frank kelley attorney general michigan stewart freeman assistant attorney general warren spannaus attorney general minnesota jocelyn olson assistant attorney general john ashcroft attorney general missouri robert lindholm assistant attorney general toney anaya attorney general new mexico james huber assistant attorney general rufus edmisten attorney general north carolina dan oakley assistant attorney general william brown attorney general ohio david northrup assistant attorney general james redden attorney general oregon richard sandvik assistant attorney general robert kane attorney general pennsylvania douglas blazey assistant attorney general john hill attorney general texas troy webb paul gosselink assistant attorneys general robert hansen attorney general utah william quigley jerome diamond attorney general vermont benson scotch assistant attorney general bronson lafollette attorney general wisconsin john kofron assistant attorney general george deptula james barnes filed brief union concerned scientists fund amicus curiae urging affirmance ronald zumbrun raymond momboisse robert best albert ferri hugh filed brief pacific legal foundation amicus curiae cases justice rehnquist delivered opinion congress enacted administrative procedure act noted elsewhere new basic comprehensive regulation procedures many agencies wong yang sung mcgrath also legislative enactment settled contentions enacts formula upon opposing social political forces come rest section act ed dealing rulemaking requires subsection notice proposed rule making shall published federal register describes contents notice goes require subsection notice agency shall give interested persons opportunity participate rule making submission written data views arguments without opportunity oral presentation consideration relevant matter presented agency shall incorporate rules adopted concise general statement basis purpose interpreting provision act steel florida east coast held generally speaking section act established maximum procedural requirements congress willing courts impose upon agencies conducting rulemaking procedures agencies free grant additional procedural rights exercise discretion reviewing courts generally free impose agencies chosen grant say necessarily circumstances ever justify overturning agency action failure employ procedures beyond required statute circumstances exist extremely rare even apart administrative procedure act four decades emphasized formulation procedures basically left within discretion agencies congress confided responsibility substantive judgments fcc schreiber explicated principle describing outgrowth congressional determination administrative agencies administrators familiar industries regulate better position federal courts congress design procedural rules adapted peculiarities industry tasks agency involved relied earlier case fcc pottsville broadcasting stated provision dealing conduct business federal communications commission delegated commission power resolve subordinate questions procedure scope inquiry whether applications heard contemporaneously successively whether parties allowed intervene one another proceedings similar questions light background statutory decisional law granted certiorari review two judgments appeals district columbia circuit concern seriously misread misapplied statutory decisional law cautioning reviewing courts engrafting notions proper procedures upon agencies entrusted substantive functions congress conclude appeals done cases therefore remand proceedings also find necessary examine appeals decision respect agency action taken full adjudicatory hearings conclude improperly intruded agency decisionmaking process making necessary us reverse remand respect part cases also atomic energy act stat amended et atomic energy commission given broad regulatory authority development nuclear energy terms act utility seeking construct operate nuclear power plant must obtain separate permit license construction operation stage project see order obtain construction permit utility must file preliminary safety analysis report environmental report certain information regarding antitrust implications proposed project see cfr application undergoes exhaustive review commission staff advisory committee reactor safeguards acrs group distinguished experts field atomic energy groups submit commission evaluations become part record utility application see commission staff also undertakes review required national environmental policy act nepa stat et prepares draft environmental impact statement circulated comment cfr revised becomes final environmental impact statement thereupon atomic safety licensing board conducts public adjudicatory hearing reaches decision appealed atomic safety licensing appeal board currently commission discretion commission cfr final agency decision may appealed courts appeals sort process occurs utility applies license operate plant cfr except hearing need held contested cases may limited matters controversy see cfr cfr pt app cases arise two separate decisions appeals district columbia circuit first remanded decision commission grant license petitioner vermont yankee nuclear power operate nuclear power plant natural resources defense council nrc app second remanded decision agency grant permit petitioner consumers power construct two pressurized water nuclear reactors generate electricity steam aeschliman nrc app december mandatory adjudicatory hearing necessary review commission granted petitioner vermont yankee permit build nuclear power plant vernon see thereafter vermont yankee applied operating license respondent natural resources defense council nrdc objected granting license however therefore hearing application commenced august excluded consideration hearings nrdc objection issue environmental effects operations reprocess fuel dispose wastes resulting reprocessing operations ruling affirmed appeal board june november however commission making specific reference appeal board decision respect vermont yankee license instituted rulemaking proceedings specifically deal question consideration environmental effects associated uranium fuel cycle individual analyses light water cooled nuclear power reactors app notice proposed rulemaking offered two alternatives predicated report prepared commission staff entitled environmental survey nuclear fuel cycle first required quantitative evaluation environmental hazards fuel reprocessing disposal environmental survey found slight second specified numerical values environmental impact part fuel cycle values incorporated table along relevant factors determine overall balance operating license see much controversy case revolves around procedures used rulemaking hearing commenced february supplemental notice hearing commission indicated discovery utilized environmental survey available public hearing along extensive background documents cited therein participants given reasonable opportunity present position represented counsel desired written time permitting oral statements received incorporated record persons giving oral statements subject questioning commission conclusion hearing transcript made available public record remain open days allow filing supplemental written statements see generally individuals organizations representing wide variety interests submitted written comments january licensing board held planning session schedule appearance witnesses discuss methods compiling record hearing held february participation number groups including commission staff environmental protection agency manufacturer reactor equipment trade association nuclear industry group electric utility companies group called consolidated national intervenors represented groups individuals including respondent nrdc hearing commission staff filed supplemental document purpose clarifying revising environmental survey licensing board forwarded report commission without rendering decision licensing board identified principal procedural question propriety declining use full formal adjudicatory procedures major substantive issue technical adequacy environmental survey april commission issued rule adopted second two proposed alternatives described commission also approved procedures used hearing indicated record including environmental survey provided adequate data base regulation adopted finally commission ruled extent rule differed appeal board decisions vermont yankee decisions presidential significance since environmental effects uranium fuel cycle shown relatively insignificant unnecessary apply amendment applicant environmental reports submitted prior effective date final environmental statements draft environmental statements circulated comment prior effective date respondents appealed commission adoption rule decision grant vermont yankee license appeals district columbia circuit january petitioner consumers power applied permit construct two nuclear reactors midland consumers power application examined commission staff acrs acrs issued reports discussed specific problems recommended solutions also made reference problems generic nature suggested efforts made resolve respect well projects two groups one called saginaw another called mapleton intervened opposed application saginaw filed board number environmental contentions directed interrogatories acrs attempted depose chairman acrs requested discovery various acrs documents licensing board denied various discovery requests directed acrs hearings held numerous radiological health safety issues thereafter commission staff issued draft environmental impact statement saginaw submitted environmental contentions comments proposed draft statement statement saginaw position upcoming hearings staff revised statement issued final environmental statement march hearings conducted may june saginaw however choosing appear participate latter hearings indicated conventional findings fact set forth chosen search record respond proceeding submitting citations matters believe proved disproved see app licensing board recognizing obligations independently consider final balance among conflicting environmental factors record nevertheless treated contested issues intervenors introduced affirmative evidence engaged substantial cross examination issue contentions claimed raise questions energy conservation licensing board indicated far appeared record demand plant made normal industrial residential use went state beyond province inquire whether customary uses made electricity society proper improper ibid respect claims consumers power stimulated demand advertising licensing board indicated evidence offered point absent evidence applicant creating abnormal demand board consider question licensing board also failed consider environmental effects fuel reprocessing disposal radioactive wastes appeal board ultimately affirmed licensing board grant construction permit commission declined review matter time council environmental quality revised regulations governing preparation environmental impact statements fed reg regulations mentioned first time necessity considering impact statements energy conservation one alternatives proposed project new guidelines apply final impact statements filed january thereafter november year record closed consumers power case case pending appeals commission ruled another case statutory power compel conservation clear follow evidence energy conservation issues therefore barred threshold niagara mohawk power saginaw moved commission clarify ruling reopen consumers power proceedings lengthy opinion commission declined reopen proceedings commission first ruled required consider energy conservation alternatives reasonably available aggregate effect curtail demand electricity level proposed facility needed susceptible reasonable degree proof app determined thorough examination record saginaw contentions met threshold tests determined board willing times take evidence contentions saginaw simply failed present evidence commission criticized saginaw total disregard even minimal procedural formalities necessary give board idea exactly issue commission emphasized articularly circumstances saginaw complaint granted hearing alleged energy conservation issues comes ill grace response saginaw contention regardless whether properly raised issues licensing board must consider environmental issues commission basically agreed board reasoned board must workable procedural rules rules setting must take account energy conservation novel evolving concept nepa require crystal ball inquiry natural resources defense council morton app consideration led us hold apply niagara retroactively gain experience basis hopefully feasible energy conservation techniques emerge applicant staff licensing boards obligations develop adequate record issues appropriate cases whether raised intervenors however emergent stage energy conservation principles intervenors also responsibilities must state clear reasonably specific energy conservation contentions timely fashion beyond burden coming forward affirmative showing wish novel contentions explored footnotes omitted respect challenge vermont yankee license first ruled absence effective rulemaking proceedings commission must deal environmental impact fuel reprocessing disposal individual licensing proceedings app examined rulemaking proceedings despite fact appeared agency employed procedures required ed determined proceedings inadequate overturned rule accordingly commission determination respect vermont yankee license also remanded proceedings app respect permit consumers power first held environmental impact statement construction midland reactors fatally defective failure examine energy conservation alternative plant size app also thought report acrs inadequate although agree discovery individual acrs members proper way obtain explication report instead held commission sua sponte sent report back acrs elucidation problems resolution finally ruled fuel cycle issues case controlled nrdc nrc discussed remanded appropriate consideration waste disposal unaddressed fuel cycle issues described opinion app ii petitioner vermont yankee first argues commission may grant license operate nuclear reactor without consideration waste disposal fuel reprocessing find however issue longer presented record case commission contend required consider environmental impact spent fuel processes licensing nuclear power plants indeed commission publicly stated subsequent appeals decision instant case consideration environmental impact back end fuel cycle environmental impact statements individual lwr power reactors represent full candid assessment costs benefits consistent legal requirements spirit nepa fed reg even prior appeals decision commission implicitly agreed consider back end fuel cycle licensing proceedings indicated necessary reopen prior licensing proceedings environmental effects uranium fuel cycle shown relatively insignificant thus incorporation effects analysis change results licensing proceedings app thus stage proceedings question presented review regard whether commission may consider environmental impact fuel processes licensing nuclear reactors addition weight normally attaches agency determination question reasons support commission conclusion vermont yankee produce annually well pounds radioactive wastes highly toxic commission pamphlet published information office clearly recognizes wastes pose severe potential health hazard atomic energy commission radioactive wastes many substances must isolated anywhere hundreds thousands years hard argue wastes constitute adverse environmental effects avoided proposal implemented operating nuclear power plants making irreversible irretrievable commitments resources ii appeals recognized environmental impact radioactive wastes produced nuclear power plant analytically indistinguishable environmental effects stack gases produced power plant app reasons hold commission acted well within statutory authority considered back end fuel cycle individual licensing proceedings next turn invalidation fuel cycle rule determining whether appeals reached permissible result must determine exactly result reach case mean feat vermont yankee argues invalidated rule inadequacy procedures employed proceedings brief petitioner pp respondents hand labeling petitioner view decision straw man argue merely held record inadequate enable reviewing determine whether agency fulfilled statutory obligation brief respondents pp unfortunately found parties characterization opinion entirely reliable appears orloff willoughby parties changed positions nimbly dancing quadrille thorough examination opinion conclude matter entirely free doubt majority appeals struck rule perceived inadequacies procedures employed rulemaking proceedings first determined intervenors primary argument decision preclude discovery denied meaningful opportunity participate proceedings guaranteed due process app went frame issue decision thus thus called upon decide whether procedures provided agency sufficient ventilate issues prior opinions intimated even rulemaking proceeding agency making quasijudicial determination small number persons exceptionally affected case upon individual grounds circumstances additional procedures may required order afford aggrieved individuals due process florida east coast quoting investment state board equalization might also true although think issue presented case accordingly decide totally unjustified departure agency procedures long standing might require judicial correction much absolutely clear absent constitutional constraints extremely compelling circumstances administrative agencies free fashion rules procedure pursue methods inquiry capable permitting discharge multitudinous duties fcc schreiber quoting fcc pottsville broadcasting indeed cases hardly explicit regard noted fcc schreiber supra upheld principle variety applications including case district instead inquiring validity federal communications commission exercise rulemaking authority devised procedures followed agency basis conception public private interest involved best served examining communications act unanimously held appeals erred upholding action basic reason decision appeals serious departure basic tenet administrative law agencies free fashion rules procedure continually repeated theme years recently fpc transcontinental gas pipe line decided two terms ago case determining proper scope judicial review agency action natural gas act held may occasion remand agency decision inadequacy record agency normally allowed exercise administrative discretion deciding light internal organization considerations may best proceed develop needed evidence prior decision modified light evidence develops went emphasize least absence substantial justification otherwise reviewing may determining additional evidence requisite adequate review proceed dictating agency methods procedures time dimension needed inquiry ordering results reported without opportunity consideration basis new evidence agency procedure clearly runs risk propel ling domain congress set aside exclusively administrative agency sec chenery ibid subsection minimum requirements public rule making procedure short statutory hearing agencies might addition confer industry advisory committees consult organizations hold informal hearings like considerations practicality necessity public interest naturally govern agency determination extent public proceedings go matters great import public submission facts either useful agency protection public naturally accorded elaborate public procedures niformity found possible desirable classes equity law actions courts seem require argument demonstrate administrative agencies exercising fraction judicial power may likewise operate uniform rules practice procedure may required remain within terms law exercise power bill outline minimum essential rights procedures affords private parties means knowing rights may protect bill contains essentials different forms administrative proceedings compelling reasons construing manner first place courts continually review agency proceedings determine whether agency employed procedures opinion perfectly tailored reach perceives best correct result judicial review totally unpredictable agencies operating vague injunction employ best procedures facing threat reversal undoubtedly adopt full adjudicatory procedures every instance totally disrupt statutory scheme congress enacted formula upon opposing social political forces come rest wong yang sung mcgrath inherent advantages informal rulemaking totally lost secondly obvious cases reviewed agency choice procedures basis record actually produced hearing app basis information available agency made decision structure proceedings certain way sort monday morning quarterbacking encourages almost compels agency conduct rulemaking proceedings full panoply procedural devices normally associated adjudicatory hearings finally perhaps importantly sort review fundamentally misconceives nature standard judicial review agency rule uncritically assumed additional procedures automatically result adequate record give interested parties opportunity participate contribute proceedings informal rulemaking need based solely transcript hearing held agency indeed agency need even hold formal hearing see thus adequacy record type proceeding correlated directly type procedural devices employed rather turns whether agency followed statutory mandate administrative procedure act relevant statutes agency compelled support rule ultimately adopts type record produced full adjudicatory hearing simply choice conduct full adjudicatory hearing prior promulgating every rule sum sort unwarranted judicial examination perceived procedural shortcomings rulemaking proceeding nothing seriously interfere process prescribed congress respondent nrdc also argues fact commission inquiry undertaken context nepa somehow permits require procedures beyond specified apa investigating factual issues rulemaking appeals apparently also view indicating agencies may required develop new procedures accomplish innovative task implementing nepa rulemaking app search vain something nepa mandate result observed nepa repeal implication statute aberdeen rockfish scrap see also scrap fact two terms ago emphasized procedural requirements imposed nepa stated plain language act kleppe sierra club thus clear nepa serve basis substantial revision carefully constructed procedural specifications apa short nothing apa nepa circumstances case nature issues considered past agency practice statutory mandate commission operates permitted review overturn rulemaking proceeding basis procedural devices employed employed commission long commission employed least statutory minima matter doubt case remains course question whether challenged rule finds sufficient justification administrative proceedings upheld reviewing judge tamm concurring result reached majority appeals thought also intimations majority opinion suggest judges joined likewise may thought administrative proceedings insufficient basis upon predicate rule question accordingly remand appeals may review rule administrative procedure act provides made abundantly clear contemporaneous explanation agency decision validity action must stand fall propriety finding judged course appropriate standard review finding sustainable administrative record made comptroller decision must vacated matter remanded consideration camp pitts see also sec chenery engage kind review stray beyond judicial province explore procedural format impose upon agency notion procedures best likely vague undefined public good iii turn appeals holding rejection energy conservation basis threshold test capricious arbitrary app conclude wrong appeals ruled commission threshold test presentation energy conservation contentions inconsistent nepa basic mandate commission commission reasoned something umpire sits back resolves adversary contentions hearing stage intervenor comments bring sufficient attention issue stimulate commission consideration commission must undertake preliminary investigation proffered alternative sufficient reach rational judgment whether worthy detailed consideration eis moreover commission must explain basis conclusion consideration suggested alternative unwarranted quoting indiana michigan electric fpc app cert denied rationale entirely unappealing abstract proposition applied case think basically misconceives scope agency statutory responsibility also nature administrative process thrust agency decision type issues intervenors trying raise little doubt atomic energy act state public utility commissions similar bodies empowered make initial decision regarding need power commission prime area concern licensing context hand national security public health safety clear need term conventionally used power thoroughly explored hearings even federal power commission regulates sales interstate commerce et seq ed agreed consumers power analysis projected need app nepa course altered slightly statutory balance requiring detailed statement responsible official alternatives proposed action obvious even upon moment reflection term alternatives make impact statement something exercise frivolous boilerplate concept alternatives must bounded notion feasibility appeals district columbia circuit recognized reason concluding nepa meant require detailed discussion environmental effects alternatives put forward comments effects readily ascertained alternatives deemed remote speculative possibilities view basic changes required statutes policies agencies making available protracted debate litigation meaningfully compatible needs underlying proposal addressed natural resources defense council morton app principles mind turn notion energy conservation alternative omission thought appeals forcefully pointed saginaw comments draft eis app commission pointed phrase energy conservation deceptively simple ring context taken literally phrase suggests virtually limitless range possible actions developments might one way another ultimately reduce projected demands electricity particular proposed plant app moreover practical matter hard dispute observation largely events recent years emphasized need also large variety alternatives energy conservation prior drastic oil shortages incurred little serious thought government circles energy conservation alternatives indeed council environmental quality promulgate regulations even remotely suggested need consider energy conservation impact statements august see cfr fed reg even guidelines made applicable draft final statements filed council january federal power commission likewise require consideration energy conservation applications build hydroelectric facilities june cfr pt app fed reg regulations made retroactive either occurred year half draft environmental statement midland prepared year final environmental statement prepared hearings completed think facts amply demonstrate concept alternatives evolving one requiring agency explore fewer alternatives become better known understood well understood commission unlike appeals recognized licensing board decision judged information available judged light little doubt board actions well within proper bounds statutory authority record agency give every indication project actually needed also nothing board indicate contrary also think criticism commission threshold test displays lack understanding historical setting within agency action took place nature test first place true nepa places upon agency obligation consider every significant aspect environmental impact proposed action still incumbent upon intervenors wish participate structure participation meaningful alerts agency intervenors position contentions especially true intervenors requesting agency embark upon exploration uncharted territory question energy conservation late early omments must significant enough step threshold requirement materiality lack agency response consideration becomes concern comment merely state particular mistake made must show mistake possible significance results portland cement assn ruckelshaus app cert denied sub nom portland cement administrator epa also think seriously mischaracterized commission threshold test placing heavy substantive burdens intervenors app contrary commission explicitly stated equate burden civil litigation concept prima facie case unduly heavy burden setting showing sufficient require reasonable minds inquire app sum characterize actions commission arbitrary capricious light facts available described length deprive words meaning said past administrative consideration evidence always creates gap time record closed time administrative decision promulgated might add time decision judicially reviewed upon coming order litigants might demand rehearings matter law new circumstance arisen new trend observed new fact discovered little hope administrative process ever consummated order subject reopening icc jersey city also made clear role reviewing sufficiency agency consideration environmental factors limited one limited time decision made statute mandating review neither statute legislative history contemplates substitute judgment agency environmental consequences actions kleppe sierra club finally turn appeals holding licensing board returned acrs report acrs elaboration understandable layman reference problems appeals reasoned since one function report concerned may apprised safety possible hazard facilities report must terms understandable layman replete previous reports problems detailed report elaborate licensing board fails sua sponte return report acrs development entire agency action made exhaustive studies reviews days hearings must nullified appeals unjustifiably intruded administrative process true congress thought publication acrs report served important function legislative history shows function publication subsidiary main function providing technical advice body experts uniquely qualified provide assistance see joint committee atomic energy study aec procedures organization licensing reactor facilities comm print basic information conveyed public necessarily full technical exposition every facet nuclear energy rather acrs position reasons therefore respect safety proposed nuclear reactor accordingly acrs faulted dealing every facet nuclear energy every report issues equal significance fact acrs obfuscating findings reports referred matters public record file commission room indeed acrs reports file furthermore informed shortly licensing board initial decision acrs prepared list identified generic safety concerns light simply inconceivable reviewing find necessary permissible order board sua sponte return report acrs view confirmed fact putative reason remand public understand report yet one member supposedly uncomprehending public even asked report remanded surely petitioner consumers power claims judicial intervention run riot brief petitioner also think worth noting find absolutely nothing relevant statutes justify commission well might able remand report clarification nothing support ordering commission take step support requiring acrs give short explanation understandable layman generic safety concern leads us make one observation relevance case say appeals final reason remanding insubstantial best gross understatement consumers power first applied construction permit even operating license construction permit proposed plant underwent incredibly extensive review reports filed reviewed literally fill books proceedings took years actual hearings two weeks nullify effort seven years later one report refers problems problems admittedly discussed length reports available public borders kafkaesque nuclear energy may day cheap safe source power may congress made choice least try nuclear energy establishing reasonable review process courts play limited role fundamental policy questions appropriately resolved congress state legislatures subject federal courts guise judicial review agency action time may prove wrong decision develop nuclear energy congress within appropriate agencies must eventually make judgment meantime courts perform appointed function nepa set forth significant substantive goals nation mandate agencies essentially procedural see see also aberdeen rockfish scrap insure fully informed decision necessarily decision judges appeals reached members decisionmaking unit agency administrative decisions set aside context every substantial procedural substantive reasons mandated statute consolo fmc simply unhappy result reached single alleged oversight peripheral issue urged parties never fully cooperated indeed raised issue must made basis overturning decision properly made otherwise exhaustive proceeding reversed remanded footnotes licensing regulatory functions atomic energy commission aec transferred nuclear regulatory commission nrc energy reorganization act et seq supp hereinafter aec nrc referred commission acrs required review construction permit application purpose informing commission hazards proposed existing reactor facilities adequacy proposed reactor safety standards licensing board issues permit concludes reasonable assurance proposed plant constructed operated without undue risk cfr environmental balance favors issuance permit license application contested licensing board must find reasonable assurance plant operated without undue risk inimical common defense security health safety public see cfr licensing board decision subject review similar afforded board decision respect construction permit nuclear fission takes place nuclear reactors apparently converts principal fuel uranium plutonium highly radioactive used reactor fuel separated remaining uranium radioactive waste products fuel reprocessing refers process necessary recapture usable plutonium waste disposal present stage technological development refers storage long lived highly radioactive waste products detoxify sufficiently longer present environmental hazard presently physical chemical steps render waste less toxic simply passage time commission stated view procedures adopted provide adequate basis formulation rule adopted parties fully heard nothing offered excluded record indicate evidentiary material received different procedures proponent strict adjudicatory approach make offer proof even remotely suggest substantive matters develop different procedures addition note documents including survey available parties several weeks hearing regulatory staff though requested made available various drafts handwritten notes circumstances conclude adjudicatory type procedures warranted app omitted acrs report quoted app stated problems related large water reactors identified regulatory staff acrs cited previous acrs reports committee believes resolution items apply equally midland plant units committee believes items resolved construction due consideration given items nuclear units proposed midland plant constructed reasonable assurance operated without undue risk health safety public saginaw included saginaw valley nuclear study group citizens committee environmental protection michigan automobile workers international three environmental groups mapleton included nelson aeschliman five residents community near proposed plantsite mapleton raise contentions relating energy conservation pursuant regulations effect licensing board refused consider environmental issues first set hearings last day hearings however appeals district columbia circuit decided calvert cliffs coordinating comm aec app invalidated commission nepa regulations one effect decision require environmental matters considered pending proceedings including one accordingly commission revised regulations undertook extensive environmental review proposed nuclear plants requiring consumers power file lengthy environmental report thereafter commission staff prepared draft environmental impact statement discussed text licensing board highlighted problem initial decision noting failure propose proper findings conclusions greatly complicated task board made virtually impossible instances know whether particular issues fact contested app appeal board even less charitable noting articipation manner opinion subverts entire adjudicatory process essentially dictum commission also ruled considering various relevant factors extent new rule represents departure prior practice degree reliance past practice consequent burdens imposed retroactive application rule rule enunciated niagara applied retroactively cases progressed final order issuance construction permits niagara decided app appeals one questioned commission authority deal fuel cycle issues informal rulemaking opposed adjudication app neither anyone seriously question commission authority respect decision appeals commission promulgated new interim rule pending issuance final rule fed reg see vermont yankee nuclear power commission request new england coalition nuclear pollution applied interim rule vermont yankee determined analysis still plant favor vermont yankee nuclear power decision presently appeal appeals first circuit commission also indicated brief intends complete proceedings currently progress looking toward adoption final rule regardless outcome case brief federal respondents following oral argument respondent nrdc relying facts filed suggestion mootness motion dismiss writ certiorari improvidently granted hold case moot deny motion dismiss writ certiorari improvidently granted upon remand majority panel appeals entirely free agree disagree judge tamm conclusion rule pertaining back end fuel cycle petitioner vermont yankee license considered arbitrary capricious within meaning administrative procedure act ed even though may hold previous opinion rule invalid inadequacy agency procedures hold rule invalid appears probability commission proceed promulgate rule resulting rulemaking proceedings currently progress brief federal respondents likelihood commission required compulsion order examine vermont yankee license new rule hand majority appeals decide unwilling hold rule question arbitrary capricious merely basis administrative procedure act vermont yankee necessarily required license reevaluated far petitioner vermont yankee concerned certainly case controversy respect whether must virtue appeals decision submit license commission reevaluation possible revocation new rule true finally determine validity rule upon validity vermont yankee license turn depends neither anything say today taken limitation appeals discretion take due account appropriate additions made record commission consolidate appeal appeal interim rulemaking proceeding already pending fact question validity first rule remains open upon remand makes controversy less live read opinion appeals view reviewing courts may absence special circumstances justifying course action impose additional procedural requirements agency action raises questions significance area law warrant granting certiorari deciding case since vast majority challenges administrative agency action brought appeals district columbia circuit decision case serve precedent many proceedings judicial review agency actions decision another appeals finally decision continue play major role instant litigation regardless commission decision press ahead rulemaking proceedings note infra nrdc relying decision appeals device force agency provide procedures also challenging interim rules promulgated agency appeals alleging inadequacy procedures citing opinion appeals binding precedent effect vermont yankee interpretation consistent throughout litigation said parties however government initially took positions petition certiorari pending brief filed behalf commission former indicating believed unanimously held record inadequate latter took vermont yankee view matter see brief federal respondents filed announcing intention undertake licensing reactors pending promulgation interim fuel cycle rule however commission said found rule inadequately supported record insofar treated two particular aspects fuel cycle impacts reprocessing spent fuel impacts radioactive waste management fed reg even recently opening another rulemaking proceeding replace rule overturned appeals commission stated original procedures proved adequate development illumination wide range fuel cycle impact issues indicated procedures previously employed suffice indeed issues accordingly notice hereby given rules conduct reopened hearing authorities responsibilities hearing board originally applied matter fed reg january except specific provision hereby made hearing board entertain suggestions participants questions board ask witnesses participants fed reg respondent nrdc likewise happily switches sides depending forum indicated argues appeals held record inadequate almost immediately appeals rendered decision however nrdc filed petition rulemaking commission listed pages procedural suggestions thought necessary comply order mandate nepa nrdc petition rulemaking nrc docket proposals include discovery subpoena power attachment rules conduct hearing environmental effects uranium fuel cycle nrdc likewise challenged interim fuel cycle rule suggested appeals hold case pending decision case interim rules defective due inadequacy procedures used developing rule motion hold petition review abeyance nrdc nrc dc petition review filed may motion filed july nrdc likewise challenged procedures used final rulemaking proceeding hearing procedures found inadequate appeals nrdc petition reconsideration ruling reopening hearings environmental effects uranium fuel cycle nrc docket june respondent nrdc argue additional procedural devices required constitution since clearly rulemaking proceeding purest form see nothing support view see florida east coast bowles willingham investment state board equalization nrdc argues agency past provided minimum procedures specified apa therefore something required since gencies free alter procedures whim grossly constricting parties procedural rights deems impediment embarrassment implementing views brief respondents support nrdc first argues commission considered equally generic issues adjudicatory proceedings nrdc conceded agency promulgate rules regarding fuel cycle rulemaking proceedings app moreover even concedes commission past chosen consider environmental safety issues ordinarily addressed adjudicatory licensing proceedings generic rulemaking practice lower take issue brief respondents contends however commission provided procedural safeguards rulemaking proceedings proceeding presently review support cites three previous proceedings supposedly provided pretermitting fact appeals way relied upon argument decision question whether courts impose additional procedures even agency substantially departs past practice find nrdc argument without merit first place three proceedings many held nrc predecessor hardly establish type longstanding practice deviation might justify judicial intervention appears moreover fact hearings cited nrdc part longstanding practice aberrational since commission conducted large number rulemaking proceedings involved matters substantial importance almost none involved see quality assurance criteria nuclear power plants fed reg general design criteria nuclear power plants fed reg permit activities fed reg environmental protection licensing regulatory policy procedures see cab hermann oklahoma press pub walling wallace nlrb endicott johnson perkins utah fuel national bituminous coal norwegian nitrogen products see power reactor electricians zucca see wright courts rulemaking process limits judicial review cornell rev course must determine whether agency complied procedures mandated relevant statutes citizens preserve overton park volpe indicated little doubt agency full compliance applicable requirements administrative procedure act also indicated end opinion aeschliman since matter requires remand reopening issues energy conservation alternatives well recalculation costs benefits assume commission take account changed circumstances regarding dow principal customer plant steam need process steam intended continued operation dow generating facilities app read appeals opinion however independent basis vacating remanding commission licensing decision also appears record commission reconsidered changed circumstances refused reopen proceedings least three times see app possibly fourth see brief nonfederal respondents pp see error commission actions respect