Nov 4 - McClatchy-Tribune Regional News - Thomas Burr The Salt Lake Tribune


A House subcommittee swiftly advanced legislation Tuesday that would ban the importation of low-level radioactive waste from foreign countries, including halting a plan by Utah's EnergySolutions to bring Italian waste to U.S. soil.

The measure already is set to be heard Thursday by the full House Energy and Commerce Committee.

But even as the measure gains momentum in Congress, a Republican co-sponsor reversed course on the bill and introduced an amendment that would gut key language in favor of heightened scrutiny on importing foreign waste.

Rep. Ed Whitfield, R-Ky., said in a statement filed after a recent hearing on the bill that he initially signed on to it because of concerns about capacity for domestically produced radioactive waste, but any fears about that have been now been alleviated.

"I do not believe it is advisable for Congress to intervene in this matter beyond possibly enhancing the [Nuclear Regulatory Commissions'] authority to regulate the matter," Whitfield said in the statement.

His amendment seeks to do just that and may be offered at an upcoming hearing in the full Energy and Commerce Committee, which proponents say could move on the overall legislation in the coming weeks.

Rep. Jim Matheson, D-Utah, said he hasn't heard any of the other 78 co-sponsors express concerns about the bill and he sees "pretty good bipartisan support."

"I

wouldn't describe that as a trend," Matheson said of Whitfield's amendment.

Rep. Bart Gordon, D-Tenn., said he was pleased with the outcome of the initial hearing and hopes the legislation is swiftly passed.

"We're the only nation in the world that buries the nuclear waste of other countries in our soil," said Gordon.

The bill would essentially bar any foreign low-level radioactive waste from being imported into the United States. EnergySolutions is seeking a license to bring in some 20,000 tons of Italian radioactive waste for processing in Tennessee; about 1,600 tons of leftovers would then be buried at the company's facility in Utah.

No members offered amendments during the subcommittee's short meeting, though ranking Republican Rep. Fred Upton, R-Mich., argued that supporters of the bill could use the measure to delay or block new nuclear power plants in the United States and shut down current reactors.

"This legislation is the camel's nose under the tent," Upton said.

Jill Sigal, EnergySolutions' senior vice president of government relations, said after the hearing that some sponsors of the bill may change their positions on the measure in light of comments by the Government Accountability Office and the NRC that there is no capacity issue for low-level radioactive waste. EnergySolutions has promised to fill no more than 5 percent of its Tooele County facility with foreign waste.

Sigal called Whitfield's move "very significant."

"Congressman Whitfield is an example of a member who has taken the time to learn more about the issue and has concluded that this bill should not move forward," she said. "We have talked to several other cosponsors of the legislation and we believe that -- we've been told, that some of them are reevaluating their position on the bill."

While the bill may be on course to pass the House this year, there has been no movement on a version of the bill in the Senate. Sen. Lamar Alexander, R-Tenn., is the only sponsor so far on that side of Capitol Hill.

But Matheson says there are positive signs in the Senate and that, "Hopefully, House action will spur some activity on the other side of the building."

tburr@sltrib.com

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