William O. Douglas

“ This legislative history makes clear that the time when the issue of 'safety' must be resolved is before the Commission issues a construction permit. The construction given the Act by the Commission (and today approved) is, with all deference, a light-hearted approach to the most awesome, the most deadly, the most dangerous process that man has ever conceived. ”

“ They presuppose-contrary to the premise of the Act that 'safety' findings can be made after construction is finished. But when that point is reached, when millions have been invested, the momentum is on the side of the applicant, not on the side of the public. The momentum is not only generated by the desire to salvage an investment. No agency wants to be the architect of a 'white elephant.' Congress could design an Act that would give a completed structure that momentum. ”

“ By the terms of § 185 a construction permit is, apart from the requirements of § 185, 'deemed to be a 'license." [2] Section 185 governs applications for construction permits. It has no separate or independent standards for safety, no specific requirement for a finding on 'safety.' If the facility is finished and will operate 'in conformity with' the Act, the license issues 'in the absence of any good cause being shown to the Commission why the granting of a license would not be in accordance with the provisions of' the Act. ”