Date: May 15, 2009
Source: EnergySolutions, Inc.
EnergySolutions Inc. won a legal battle to import low-level radioactive waste from Italy, after a federal court ruling last week. The decision by U.S. District Judge Ted Stewart in Salt Lake City validated the Salt Lake City-based company's argument that its efforts to import waste to Utah fall outside the regulatory purview of the Northwest Compact, a regional coalition of states that oversees low-level radioactive-waste management. Attorneys for EnergySolutions successfully argued that the compact's authority only extends to waste generated within the compact boundaries of its member states and that it was not the intent of Congress to grant any overreaching authority beyond that. The Utah Attorney General's Office is not ruling out an appeal especially since Utah Gov. Jon Huntsman Jr., has indicated his opposition to the issue.
EnergySolutions operates a 439-acre low-level radioactive-waste disposal facility in Tooele County's west desert, where the company has said the Italian waste would occupy 4.3 acres in the total disposal area. The company is still awaiting Nuclear Regulatory Commission approval of an import-license.
"We have always felt confident in our legal position and appreciate the thoroughness of Judge Stewart's decision in this case," said Steve Creamer, Chief Executive Officer and Chairman of EnergySolutions. "Our Clive, Utah, disposal facility is a private commercial facility that is licensed by the state of Utah under delegated authority by the Nuclear Regulatory Commission. We are pleased that this ruling ends any question on this matter."
Press Release:
EnergySolutions Pleased with Court's Ruling
EnergySolutions, Inc. (NYSE: ES) announced today that the U.S. District Court for the District of Utah ruled that the Northwest Compact lacks authority to restrict EnergySolutions' receipt of waste generated outside the Compact region. In May 2008 EnergySolutions sought clarification from the court and today the court agreed with the company's interpretation of the law on this critical issue.
"We have always felt confident in our legal position and appreciate the thoroughness of Judge Stewart's decision in this case," said Steve Creamer, CEO and Chairman of EnergySolutions. "Our Clive, Utah disposal facility is a private commercial facility that is licensed by the State of Utah under delegated authority by the Nuclear Regulatory Commission. We are pleased that this ruling ends any question on this matter."
The Clive facility has been safely disposing of low-level material for over 20 years and has been disposing of residuals from internationally generated material for more than eight years. The Northwest Compact has never voiced an objection to the Clive facility's disposal of this material until recently.
EnergySolutions offers customers a full range of integrated services and solutions, including nuclear operations, characterization, decommissioning, decontamination, site closure, transportation, nuclear materials management, processing, recycling, and disposition of nuclear waste, and research and engineering services across the nuclear fuel cycle.
Statements in this news release may contain forward-looking statements that involve risks and uncertainties. Forward-looking statements provide current expectations of future events based on certain assumptions and include any statement that does not directly relate to any historical or current fact. Forward-looking statements are not guarantees of future performance and the Company's actual results may differ significantly from the results discussed in the forward-looking statements.
For additional information please contact Mark Walker at mwalker@energysolutions.com or (801) 231-9194.
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