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1977 Hawaii Attorney General Reports and Opinions 1 (1977)

handle is hein.sag/saghi0026 and id is 1 raw text is: ADOMf f 2!i IPiY 1 ) CA)') AIDIII THI ATTOftEY G[IIIIllA OF HAWAII AT I TI AND FIH II T 10 INITIALS AND NUTAIII f TSH:pt Op. No. 77-1 AT 101041 Y GIHA STATE OF HAWAII DEPARTMENT OF IHE ATTORNEY GENFRAL STAIE CAPITOL 4TH FLOOR HONOLULU. HAWAII 96013 January 28, 1977 Library C: ., Honorable Anson Chong k I0 M. Chairperson, Senate Health ComamitLe Sea5o, 205 State Capitol Honolulu, Hawaii 96813 Dear Senator Chong: __iz iq in rPo,;nneP 1-n voyijr letter in which you request: (1) that this office conduct an investigation f te jI.S.P.. filur---- to compl.y with the (State Regis- tration Law; and (2) that this office analyze Federal law on nuclear materials to determine what types of State regula- tions, other than by becoming an agreement State, would not be pre-empted by Federal law or regulation. With respect to your first request, please be informed that this office will investigate the matter you raised and will submit a report to you upon completion of our investigation. With respect to your second request, it is our opinion that absent a turnover agreement with the Nuclear Safety and Licensing Commission (NSLC), no State regulation of nuclear matter can be promulgated because of the complete Federal pre-emption of the field of atomic energy. Marshall v. Consumers Power Co., 237 N.W.2d 266, (Mich. 1975) is on point.l/ The case dealth with the question 1/ See also: Northern State Power Co. v. Minnesota, 447 F.2d 1143 (C.A. 8, 1971), aff'd. by memorandum decision, 405 U.S. 1035 (1972) and Northern California Assn., etc., v. Public Utilities Commission, 390 P.2d 200 (Cal. 1964). Op. No.' 77-1