SOUTHWESTERN
LOW-LEVEL RADIOACTIVE WASTE COMMISSION
PO Box 277727 Sacramento CA 95827-7727
Voice: (916) 448-2390 [or (209) 296-3680]
Fax: (815) 361-3848
E-mail: swllrwcc@volcano.net
Website: www.volcano.net/~swllrwcc
April 18, 2002
Honorable Darrell
Steinberg, Chair
Assembly Appropriations Committee
Room 5136
State Capitol
Sacramento CA 95814
Dear Assemblyman Steinberg:
OPPPOSITION TO AB 2214
This is to record the opposition of the Southwestern Low-Level Radioactive
Waste Commission to AB 2214 (Keeley). Under both California and federal
law (PL 100-712), the State of California is obligated to develop a
low-level radioactive waste disposal facility for all states party to
the Southwestern Low-Level Radioactive Waste Disposal Compact. Industries,
medical facilities, utilities, academic institutions, and other users
of radioactive materials in Arizona, North Dakota and South Dakota,
as well as California, have a legal right to expect the State of California
to meet its statutory obligations.
It has become apparent in the past few years that California, in spite
of having licensed a disposal facility intended to be constructed in
Ward Valley, has no intention of taking action to fulfill its legal
obligations. AB 2214 would disallow construction of the Ward Valley
facility and thus affirm in statute that California does not plan to
do what it has agreed to do under the Compact.
Instead, AB 2214 would set criteria for what appears to be a storage
facility. This opens a new concern. It is clear that, under law, the
Southwestern Low-Level Radioactive Waste Commission is empowered to
protect a State of California disposal facility from access by radioactive
waste producers from any but the four party states. However, it is not
at all clear whether the Commission has the ability to protect the State
from anyone in the nation who might want to store, rather than dispose
of, waste in California.
The Southwestern Low-Level Radioactive Waste Commission urges a no vote
on AB 2214. It would place California in an untenable position by codifying
the State's refusal to complete its obligations under law and could
lead to California's becoming the national repository for low-level
radioactive waste.
Please contact me as shown on the letterhead if you have questions about
the Commission's views. Thank you.
Sincerely,
Don J. Womeldorf Executive Director
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