Lamar Smith: “The amendment creates a special carve-out from the legislation's requirements for regulations and guidance of the…”

“The amendment creates a special carve-out from the legislation's requirements for regulations and guidance of the Nuclear Regulatory Commission. Regulation of the nuclear power industry, however, should go through the same rulemaking process as other regulations. In this way, all interested parties will have the best opportunity to test their assumptions about nuclear power and nuclear waste. Perhaps the amendment is motivated by a concern that the legislation could prevent the Nuclear Regulatory Commission from issuing emergency rules and guidance or rules that adequately protect public safety. That concern, however, is unfounded. The legislation preserves agencies' ability to make interim-final rules for ``good cause.'' This exception certainly would cover emergency rules from the Commission. The bill also allows agencies to adopt alternatives to least-cost regulations if interests of public health, safety, or welfare require costlier rules. Only two conditions need to be satisfied: First, the costlier rule must produce benefits that justify the additional cost; second, the benefits must serve public health, safety, or welfare interests within the scope of the statutory provision that authorizes the regulation. {time} 1050 Surely the Nuclear Regulatory Commission and any other agency can adequately protect public health, safety, and welfare within those conditions.…”