42 U.S.C. § 2018
Agency jurisdiction
Nothing in this chapter shall be construed to affect the authority or regulations of any Federal, State, or local agency with respect to the generation, sale, or transmission of electric power produced through the use of nuclear facilities licensed by the Commission: Provided, That this section shall not be deemed to confer upon any Federal, State, or local agency any authority to regulate, control, or restrict any activities of the Commission.
Notes of Decisions
Cited in 20
cases, 1965–2015 · leading case: Pac. Gas & Elec. Co. v. State Energy Resources Conservation & Dev. Comm'n, 461 U.S. 190 (1983).
Pac. Gas & Elec. Co. v. State Energy Resources Conservation & Dev. Comm'n, 461 U.S. 190 (1983). “2 were not pre-empted because §§ 271 and 274(k) of the Atomic Energy Act, 42 U. S. C. §§ 2018 and 2021(k), constitute a congressional authorization for States to regulate nuclear powerplants "for purposes other than protection against radiation hazards.”
Entergy Nuclear Vermont Yankee, LLC v. Shumlin, 733 F.3d 393 (2d Cir. 2013). “” 42 U.S.C. § 2018 . The second clause provides that the Atomic 27 Energy Act shall not “be construed to affect the authority of any State or local agency to regulate 28 activities for purposes other than protection against radiation hazards.”
The Boeing Co. v. Maziar Movassaghi, 768 F.3d 832 (9th Cir. 2014). “NRC also requires the Agreement States to provide exemptions for NRC’s and DOE's prime contractors performing work on government-owned or controlled sites from licensing requirements.”
Legal Env't Assistance Found., Inc. v. Hodel, 586 F. Supp. 1163 (E.D. Tenn. 1984). “First, the AEA precludes state regulation of activities of DOE, 42 U.S.C. § 2018 , but the RCRA subject federal facilities to state regulation.”
Virginia Uranium, Inc. v. McAuliffe, 147 F. Supp. 3d 462 (W.D. Va. 2015). “Compare 42 U.S.C. § 2018 , with id. § 2021(c)(1).”
Entergy Nuclear Vermont Yankee, LLC v. Shumlin, 838 F. Supp. 2d 183 (D. Vt. 2012). “42 U.S.C. § 2018 . Furthermore, § 2021(k) states, with respect to the section governing cooperation agreements with the states: Nothing in this section shall be construed to affect the authority of any State or local agency to regulate activities for purposes other than…”
McGinnis v. Kansas City Power & Light Co., 647 P.2d 1313 (Kan. 1982). “At 42 U.S.C.A. §2018 , it is stated that nothing in the act shall be construed to effect the authority or regulations of any federal, state or local agency with respect to the generation, sale, or transmission of electric power produced through the use of nuclear facilities…”
Long Island Lighting Co. v. Cnty. of Suffolk, 628 F. Supp. 654 (E.D.N.Y 1986). “The legislative materials accompanying the amendment of § 271 of the Atomic Energy Act, 42 U.S.C. § 2018 , make clear that “state and local regulation is permitted only in regard to the rates and services of electric power produced in nuclear facilities.”
Cnty. of Suffolk v. Long Island Lighting Co., 728 F.2d 52 (2d Cir. 1984). “42 U.S.C. § 2018 . In 1959 Congress expanded the role of the states by enacting § 274 of the AEA, 42 U.”
Otter Tail Power Co. v. North Dakota Pub. Serv. Comm'n, 354 N.W.2d 701 (N.D. 1984). “[See Section 271, 42 U.S.C. § 2018 and Section 274(k), 42 U.”
Pac. Legal Found. v. State Energy Resources Conservation & Dev. Comm'n, 659 F.2d 903 (9th Cir. 1981). “Section 271, 42 U.S.C. § 2018 (1976), provides that nothing in the Atomic Energy Act “shall be construed to affect the authority or regulations of any Federal, State, or local agency with respect to the generation, sale, or transmission of electric power produced through the use…”
The State of New Hampshire v. Atomic Energy Comm'n & United States of Am., Vermont Yankee Nuclear Power Corp., Intervenor, 406 F.2d 170 (1st Cir. 1969). “1965) had held that the Commission was subject to other agencies, federal, state, and local, concerning the generation, sale, and transmission of electric power, the Congress amended 42 U.S.C. § 2018 to make clear that no federal, state, or local agency had any power of control…”
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