Hot off the press from the Federal Appellate Court — Missouri Western District


From the Order:

ATXI is an Illinois corporation authorized to do business in Missouri and engaged in the construction, ownership, and operation of interstate transmission lines that transmit electricity for the public use. It does not generate, distribute, or sell electricity to the general public or serve any retail service territory.

And the law is clear:

“If any of the items required under this rule are unavailable at the time the application is filed, they shall be furnished prior to the granting of the authority sought.”  4 CSR 240-3.105(2) (emphasis added).

And interpretation of the law:

The general language of section 393.170.3 authorizes the PSC to impose “reasonable and necessary” conditions on a CCN. However, the specific language of section 393.170.2 states that evidence of the county commission consents “shall” be on file before the PSC grants a CCN.  “Where one provision of a statute contains general language and another provision in the same statute contains more specific language, the general language should give way to the specific.” Id.

And bottom line?

The PSC’s Report and Order is vacated as it was entered in excess of the PSC’s statutory authority.

Love it when this happens!


The Prairie Island Nuclear Generating Plant here in Red Wing, Minnesota.

Today the Appellate Court tossed out the NRC’s “Waste Confidence Decision,” which essentially was the NRC’s statement that they were confident that the nuclear waste problem will be solved (as if!) so let’s just carry on and not worry about it.  The Appellate Court said, in essence, WE DON’T THINK SO:

Court of Appeals – 11-1045 – Waste Confidence Decision

Here’s the latest version of the Waste Confidence Decision that they’re rejecting:

75 FR 81032 – Consideration of Environmental Impacts of Temporary Storage of Spent Fuel After Cessation of Reactor Operation

All I can say is, IT’S ABOUT TIME!!!   And no way will the utilities go for this, so off to the Supreme Court we go!