From Deseret News archives:

Top court asked to review nuke ruling

Feds can't force Utah to take nuclear fuel rods, Shurtleff says

Published: Monday, Nov. 1, 2004 9:33 a.m. MST
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Private Fuel Storage spokeswoman Sue Martin said the petition comes as no surprise and fails to raise any new legal arguments that haven't already been decided by the district and appeals courts.

"PFS continues to believe that there's no merit to their arguments, and we believe that there are no issues that will interest the Supreme Court," she said.

The challenged laws are intended to heavily regulate and tax any temporary nuclear-waste facility in Utah. For instance, one provision bars counties from providing facilities with traditional municipal services, such as law enforcement, fire protection and electricity. Another requires a $5 million licensing fee, while another requires pre-payment of 75 percent of any "unfunded potential liability."

Walker said it is necessary that state lawmakers be allowed to pass laws, such as the ones at issue in the case, that they feel are "essential" to protecting its citizens.


E-mail: awelling@desnews.com

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