Published in The Dallas Morning News February 7, 1999
Firm mounts lobbying offensive for nuclear waste pact
Dallas businessman Simmons' team includes array of ex-state officials
By George Kuempel
AUSTIN - A company controlled by Dallas businessman Harold Simmons has assembled a $1 million team of two dozen lobbyists in a bid for the state's potentially lucrative radioactive waste disposal business.
The Dallas Morning NewsThe group representing Waste Control Specialists, based in Pasadena, Texas, includes former top aides to Gov. George W. Bush and a bevy of influential one-time state senators and representatives.
"They seem to think of this as a battle of Armageddon, I guess," said Craig Thorley, a lawyer for the company's chief rival, Utah-based Envirocare.
Waste Control spokesman Bill Miller defended the company's plans. "It takes a lot of people with the Legislature and a limited amount of attention, so we threw talent at the situation," he said.
Envirocare isn't heading into new legislative session unarmed, either. It has hired two former Texas House speakers, Bill Clayton and Gib Lewis, to oversee its six-member lobbying group.
The companies are vying for state approval to dispose of growing stockpiles of low-level nuclear waste, a prize experts say could eventually produce big profits.
Waste Control wants to bury the material at its 1,338-acre hazardous and toxic waste dump in Andrews County on the New Mexico border.
Envirocare, which operates a low-level radioactive waste dump in Utah, has purchased 880 acres in Andrews County as a possible dump site.
Texas planned to build and manage a repository for the waste generated within its borders, as mandated by the federal government. It also has agreed to take Maine and Vermont's wastes.
Considered only moderately dangerous, the wastes from medical centers, university research facilities and utilities are too "hot" for disposal at conventional dumps.
But the site initially selected by the state in Hudspeth County along the Mexican border was rejected last year as unsafe.
Some lawmakers now say its time to give private industry a chance to do the job, and they have filed a bill to do that. Waste Control and Envirocare are jockeying for the competitive edge if the Legislature goes along with the idea.
Their lobbying battle pales somewhat compared with those on other high-profile issues, such as electric and telecommunications deregulation. Some legislative veterans say Waste Control is spending an unusually large amount of money.
'A Big Project'
Mr. Miller of Waste Control disagreed: "It's a big project. It's tremendously complex. We're dead serious about it being successful."
According to reports filed with the state, 20 lobbyists have signed up to work for Waste Control or on its behalf. They stand to collect up to $1 million for their services, according to financial reports they filed with the state that spell out their range of compensation.
Two other lobbyists hired by Waste Control have not yet filed their reports with the Texas Ethics Commission, and company officials are interviewing a handful of others to fill out the team.
Former aides to Gov. George W. Bush who have signed on are Reggie Bashur; Roy Coffee, former director of the Austin office of federal-state relations; and Andrew Barrett, the governor's former environmental affairs adviser.
Cliff Johnson, another one-time Bush aide, represents a group of Andrews County business and government leaders backing Waste Control.
Mr. Simmons, who bought controlling interest in the company in 1995, is well known in Austin political circles. He is a major political donor and contributed $103,000 to newly elected Lt. Gov. Rick Perry.
Three former state senators - Bill Haley, Carl Parker and Bill Sims - are working for Waste Control, as are former House members Hugo Berlanga, Hilary Doran and Jim Rudd.
The company also has hired two public relations consultants - Mr. Miller and Tony Proffitt, former Lt. Gov. Bob Bullock's longtime press secretary.
The rival Envirocare's six lobbyists reported that they will receive up to $230,000.
The company also has hired Lawrence Jacobi, former general manager of the Texas Low-Level Radioactive Waste Authority. Mr. Jacobi said his work for the company won't be in connection with its nuclear disposal efforts in the Legislature.
Chuck McDonald of Austin, an ex-aide to former Gov. Ann Richards, was hired as Envirocare's public relations consultant.
Mr. Clayton, the Envirocare lobbyist, said he wants to ensure that the proposed law to privatize the dump will require competitive bids for the contract to operate and manage the dump.
"Our people just want an opportunity to bid. If we can't win on bid, we don't deserve to be there," he said.
Andrews County business, civic and government leaders have rallied behind Waste Control in its push for the business. They say it will provide needed jobs.
Falling oil and gas prices have put many of the county's 14,000 residents out of work, and there are few other businesses to take up the slack.
Safety Concerns
Opponents worry that wastes may be spilled en route to the dump or will contaminate the Ogallala Aquifer - allegations that Waste Control disputes.
Peggy Pryor of Andrews, a founder of Stop Andrews Nuclear Dump, acknowledged that her small group of about 25 members is pitted against local businesses.
Ms. Pryor, a college student, said many local residents like herself oppose taking the waste but are afraid they will lose their jobs if they speak out.
"If your bosses are for it, you don't dare speak against it in Andrews County," she said.
Ms. Pryor said her group also fears that Andrews County will become the nation's nuclear dumping ground.
Waste Control has waged a lengthy but unsuccessful battle in Washington and the federal courts to contract with the Department of Energy to dispose of its low-level radioactive waste.