Telecopy and United States mail

Central Interstate Low-Level
Radioactive Waste Commission
Ste 530 1033 0 Street
Lincoln NE 68508

Re: Newly raised issue --- host state veto power over importation of low-level radioactive waste into the host state

Dear Commissioners:

At your July 16, 1997 telephone conference meeting, during the comment periods, a new alleged “issue” came up. Certain commenters purported to question whether Nebraska would have veto power against importation from non-Compact states of low-level radioactive waste into the State of Nebraska. I had not looked at the issue specifically before, but at your suggestion have now done so. I find there is no genuine reason to doubt or question Nebraska's veto power over importation of radioactive waste from out-of-Compact regions. The express provisions of the Compact clearly are designed to and, in fact, grant that power to “any host state affected” by any proposed agreement to allow such an import. Nebraska would always be able to show that such an import “may” have an effect on it, since an import would make this state the host and depository for other states or territories not part of our Compact, thus using up capacity of Nebraska's regional facility. Nebraska definitely does have veto power over the importation of low-level radioactive waste generated outside the Compact region.

The question seemed to be raised as a 'parry' to our opinion that Nebraska, in fact, did not have veto power over seven export permit applications of the major generators. I have given a separate opinion on that with the authorities, and you have that in your hands. It is easily distinguishable. As noted in that opinion, Nebraska would always have veto power over our Compact's making an agreement with an out-of-region facility for access once Nebraska showed that that may affect it, the host state. But the language regarding the veto just doesn't apply to a pure export application.

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July 21, 1997

Page 2

On the other hand, when you are talking about imports, Compact Article IV(m)(6) expressly covers “agreements with any person for the importation of waste into the region” and “Such authorization to import.….waste requires the approval of the Commission, including the affirmative vote of any host state which maybe affected.”

Apparently the theory underlying the purported concern is the speculation that there could somehow be an importation of waste into the state without the Compact ever having an opportunity to vote on it, on the theory that although the Compact authorizes the Compact Commission to vote on importation and permits a host state veto power, somehow or other there might be an importation without ever coming before the Commission.

The problem with that theory is that it is a logical impossibility, because CompactArticle III(g)(1) and (2) expressly make unlawful any person's attempt to deposit or to accept at the host state's regional facility waste not generated within the region. That means that there would always have to be an agreement with the Compact Commission before anybody could-deposit waste at our site. And, of course, before it can be deposited at our site from a source outside the Compact, it would have to be imported. So in every case where a non-Compact state wanted to get permission to use our site, it would first have to go to the Commission to get the Commission to agree to permit the importation. That is the opportunity for the veto, and it could not be circumvented.

Once again, an honest and straightforward reading of the Compact language answers the question, and I think very firmly. Nebraska will have a veto power when it is the host of the regional facility against any importation of out-of-Compact region low-level radioactive waste. There simply is no rational hypothesis of a "gap" situation that makes any sense at all, whereby Nebraska would lose that veto power over to its facility.

While certain of the news media and others in the state may have thought that this so-called "problem" was serious, it is my opinion that it is merely another manufactured distraction and that there is no legitimate concern or danger that Nebraska would lose its veto power over importation of waste from other states outside the region, so long as it is a Compact member of the Central Interstate low-Level Radioactive Waste Compact.

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July 21, 1997

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Let me know if you need further information on this or other related matters.

Sincerely,

Alan E. Peterson

For the Firm