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Re: California



In a message dated 04/18/2002 4:44:04 PM Pacific Daylight Time, csmarcus@ucla.edu writes:


I thought of that, but if NRC takes the license back then the 25 mrem
standard is law, and the rest of these garbage laws are moot because NRC
preempts it all.  Davis can't risk that, can he?  Barbara Hamrick the
lawyer should know for sure.


He risks it anyway.  If any of these laws pass, NRC could theoretically find us incompatible and withdraw from the "agreement."  If that were to happen, the department would have no authority to regulate these materials.  If the State insisted we try, private industry could sue, on the basis that the federal authority pre-empts the state authority in this area.  There is case law on this, and the courts tend to find that when Congress gave the power to the AEC (now NRC) to regulate byproduct, source, and SNM, they actually meant it.

Glad to see you're back Carol.  The whole world has gone bonkers in your absence.

Barbara