Re[2]: WARD VALLEY AND THE PAPER BY PROFESSOR HAYDEN OF NEBR

[Ruth Weiner <rfweine@sandia.gov>]

     I wasn't going to get into this one, but here goes:  the 1980 Act did 
     not require each state to have its own site, but to take 
     responsibility for its wastes by setting up compacts and compact 
     regions. The purpose was exactly what Dr. Pasternak said: to provide a 
     sort of equity.  It also envisioneda sort of fallback scheme in the 
     event that the 3 open sites either would develop some leak or fault 
     (since they had been sited before NEPA) or would fill up.  In 
     Washington, we projected that eventually all LLW would come to Hanford 
     because of its very large physical capacity.  The costs of 
     transporting from, say, New Jersey to Hanford are horrendous.
     
     The Commerce Clause was and is in effect.  Radioactive waste can be 
     shipped across state boundaries unhindered.  The Commerce Clause 
     doesn't include disposal, and won't, and probably shouldn't.
     
     Dr. Pasternak is also correct in that economics was not a 
     consideration in the 1980 Act.  
     
     Ruth Weiner]
     Sandia Labs
     Usual disclaimer.
     
     


______________________________ Reply Separator _________________________________
Subject: RE: WARD VALLEY AND THE PAPER BY PROFESSOR HAYDEN OF NEBRASK
Author:  scherer@uiuc.edu at hubsmtp
Date:    12/11/97 10:35 AM


Mr. Pasternah is correct that the problem with LLW disposal is political. 
The solution is also political.  Instead of requiring each state or region 
to provide its own disposal, Congress should have invoked the Commerce 
Clause of the Constitution to require the free access of all sites.  The 
should have also created a federal preemption that would prevent state or 
local governments from prohibiting the siting or operation of LLW sites 
except on the basis of requirements that apply to all industries (e.g., 
zoning).  Perhaps the time to reopen thias issue is approaching.
     
Regards,
Dave Scherer
scherer@uiuc.edu