No. Ind. Pub. Svc. Co. v. Izaak Walton League, 423 U.S. 12 (1975)

Northern Indiana Public Service Co. v. Porter County Chapter,


Izaak Walton League of America, Inc.
No. 75-4


Decided November 11, 1975
423 U.S. 12

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES
COURT OF APPEALS FOR THE SEVENTH CIRCUIT

Syllabus

The Court of Appeals erred in setting aside the Atomic Energy Commission’s Licensing and Appeal Boards’ approval of a construction permit for a commercial nuclear powered electric generating plant on the ground that the Boards failed to follow the AEC’s own regulations governing the minimum allowable "population center distance" in nuclear plant siting. Where, even if the meaning is not free from doubt, the AEC’s reliance upon the actual boundaries of population density, rather than upon political boundaries, in its interpretation of the regulations sensibly conforms to the purpose and wording of the regulations, and comports with prior agency decisions, the Court of Appeals was obligated to regard such a reasonable administrative interpretation as controlling.

Certiorari granted; 515 F.2d 513, reversed and remanded.