Nov. 13, 2008

Contact: Rick Claypool (202) 588-7742
Adina Rosenbaum (646) 522-8596
Morgan Rafferty (805) 440-4140

MEDIA ADVISORY

The Nuclear Regulatory Commission’s Security Rules Are Inadequate, Public Citizen to Tell Court

WHAT: Adina Rosenbaum, an attorney for Public Citizen, will urge Judges Cynthia Holcomb Hall, Thomas Nelson and Sidney Thomas of the U.S. Court of Appeals for the 9th Circuit, to review the Nuclear Regulatory Commission’s (NRC) “design basis threat” regulation, which describes the types of terrorist threats against which nuclear power plants and certain other facilities must maintain effective security measures.

Public Citizen will argue that the NRC’s rule, which specifies what terrorist threats the facilities must be able to defend themselves against, is arbitrary, capricious and contrary to law. Instead of protecting the power plants from the threats they’re likeliest to face, the rule is based on the Commission’s assumptions about what a private security force can be “reasonably expected” to defend against, a standard that does not necessarily ensure adequate protection. Moreover, the rule fails to adequately protect public health and safety because it does not require facilities to be protected against air attacks or, apparently, against groups the size of the 9/11 terrorist force of 19 attackers.

WHO: Adina Rosenbaum, attorney, Public Citizen Morgan Rafferty, project manager, San Luis Obispo Mothers for Peace, also will be available for comment

WHEN: 9 a.m. PST, Monday, Nov. 17

WHERE: Courtroom 1, 3rd floor of James R. Browning U.S. Courthouse, U.S. Court of Appeals for the 9th Circuit, 95 Seventh St., San Francisco, Calif.

MORE: For information about the lawsuit, go to http://www.citizen.org/litigation/forms/cases/CaseDetails.cfm?cID=407.

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Public Citizen is a national, nonprofit consumer advocacy organization based in Washington, D.C. For more information, please visit www.citizen.org.