From Deseret News archives:

Waste hearing sparks criticism of senator

Critics say task force has lost all of its credibility

Published: Wednesday, Oct. 15, 2003 2:34 p.m. MDT
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"When someone says this is dangerous, based on their professional experience, it is appropriate to ask them clarifying questions about their testimony," Bramble said. "It did not appear to me to be anywhere near a cross-examination."

That's not how others saw it.

"I was surprised," said Beth Niederman, outreach coordinator for Healthy Environment Alliance of Utah (HEAL), who witnessed the exchange. "People come to give their opinions, not be cross-examined . . . and intimidated."

Claire Geddes, a longtime Capitol Hill watchdog now with Utah Legislative Watch, called Bramble's actions "brutal," adding, "I have never seen a member of the public treated so badly."

"At least he could pretend to be unbiased," she added. "But when it is so obvious, the public will never accept what this committee does. It has no credibility."

Bramble says his only bias is "toward getting credible information and relying on that to make a decision." And he disputes allegations that he or the committee was rude or condescending, saying it was constructive dialogue.

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Geddes said she felt Bramble's "whip" Tuesday when she suggested lawmakers might want to consider whether or not a $37 million letter of credit from Wells Fargo Bank to radioactive waste giant Envirocare would be valid in the event the company declared bankruptcy. The credit is, in effect, insurance to make sure taxpayers aren't left holding the bag for long-term care and monitoring of the site after it closes.

"Do you have evidence or legal opinions that the letter of credit is not valid?" he grilled her repeatedly.

Geddes, who was simply reiterating concerns raised by many others, including lawmakers, in various public meetings over the years, was stunned by the cross-examination.

"I just want the Legislature to look at it," she responded.

To rebut Geddes' testimony, as well as that of Groenewold and Mary Draper of HEAL, Bramble interrupted the activists' testimony to call a former U.S. Bankruptcy Court judge now on retainer for Envirocare to offer his opinion on the validity of the letter.

Ralph Mabey told the committee the letter of credit would not be subject to bankruptcy claims and "in my opinion would not be adversely affected."

Bramble then called Ken Alkema and Larry Shelton, both top Envirocare executives, to clarify other aspects of the letter of credit. But when Rep. Patricia Jones, D-Cottonwood Heights, asked for expert testimony from a non-Envirocare employee, Bramble said no.

"This is the time for the public to testify," he said.


E-mail: spang@desnews.com

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