Public Service Commission to sue federal government about waste

Wednesday, Jan. 22, 1997 | 11:59 a.m.

The commission voted unanimously Tuesday to join at least 27 other states planning to sue the federal government for not meeting its obligations to dispose of the old fuel.

The states want to stop contributing to the waste-site fund if the Energy Department cannot take over disposal responsibility next January.

"Twenty million dollars are going to be confiscated from South Carolina consumers this year," public service Commissioner Warren Arthur IV said. "That's a serious problem for me. It should be a serious problem for everyone."

The suit should be filed by the end of the month, commission general counsel David Butler said. However, if the attorney general's office recommends against it, Tuesday's vote can be reconsidered.

The Energy Department faces a court-ordered deadline of Jan. 31, 1998, to accept tons of high-level radioactive waste from reactors in 34 states. The agency told waste producers last month that it does not have a storage site and cannot meet the deadline.

Since 1982, each state that uses electricity from a nuclear power plant has had to contribute to a fund to develop such a site. That fund now stands at more than $9 billion.

South Carolina has given almost $564 million.

Last year, the U.S. Senate approved a temporary storage site in the Nevada desert 65 miles from Las Vegas, but the House adjourned before taking up the measure. President Clinton said he is concerned about the site's suitability.

Even if the Yucca Mountain site is deemed suitable, it is not expected to be ready until at least 2010.

As much as 30,000 tons of spent nuclear fuel is piling up in water storage pools at 100 reactors across the country, including seven in South Carolina. Alternative storage sites will be needed if the Energy Department cannot accept the fuel.

Some members of Congress have suggested that federal facilities such as the Savannah River Site near Aiken be used for temporary storage. But state officials oppose the idea.

If the state does not sue, "Savannah River will be an even bigger waste dump than it already is," Arthur said.

The commission asked state Attorney General Charlie Condon's office three weeks ago for a recommendation on joining the lawsuit, but decided Tuesday not to wait any longer for a reply.