Panel OKs bill on bonds for those seeking N-stays

A bill to require bonding before seeking a stay on an action before the Radiation Control Board passed a House committee Wednesday after a heated hearing in which the bill's sponsor accused opponents of being misleading and calling him a racist. HB335 would require posting a bond to cover costs and damages "suffered by the order recipient" when a stay is requested. The measure would apply to anyone seeking a stay of an order by the executive secretary of the state's Radiation Control Board.

The House Public Utilities and Technology Committee voted 6-3 in favor of the bill that now goes to the House for debate.

"These permits could take an enormous amount of time to go through and process," said the sponsor, Rep. Aaron Tilton, R-Springville, and there is already ample opportunity for the public to comment.

Jason Groenewold, director of the Healthy Environmental Alliance of Utah (HEAL-Utah), said steps are in place to prevent frivolous requests for stays. They include the requirement that a petitioner must prove the action would cause irreparable harm that outweighs damage to the other party, that the position is not adverse to the public interest, and that the case is likely to prevail on the merits.

He discussed situations he believed were similar to those in which access to redress would be hindered by the bill. "The standard that the board already has in place" is adequate and sets a "very high bar," he said.

Dianne R. Nielson, director of the Utah Department of Environmental Quality, also testified on HB335. "Were this to become law, there probably is a chilling effect and a significant financial effect to request a stay," she said.

Claire Geddes, who said she was representing herself "but I work with HEAL-Utah also," said citizens need redress when the nuclear industry has a great deal more money and easier access to decisionmakers.

"We're not talking about roads here," she said. "We're talking about radioactive waste and nuclear waste. This is a serious issue for the state."

A committee member said, "I think we need to stay germane to the bill itself."

Tilton said, "I would also question why we're hearing from HEAL-Utah again."

"I said I'm here representing myself and I'm a citizen," Geddes said. "And I took a lot of time to come up here. I have a sick husband. And I think I have a right to have five minutes."

Tilton responded, "But you work for HEAL-Utah."