In action comparable to a ricocheting bullet, the state Radiation Control Board on Tuesday reversed itself, then moved forward on the controversial issue of storing depleted uranium.

Board members, in a motion that had to be repeated multiple times for clarification, reversed its October decision to require EnergySolutions to perform a safety analysis before it could continue to take large quantities of the radioactive material.

In the same breath, the board voted unanimously to proceed with implementing those restrictions through the rule-making process.

The topsy-turvy decision allows the board to back off from its position in October but preserve its ability to regulate how the material can be safely stored.

"It's mixed," said Christopher Thomas, HEAL Utah's public policy director. "I'm glad to see the board moving forward," but added he's disappointed the board did not stand by its October action.

At this time, there are no legal prohibitions against the storage of depleted uranium in Utah. Tuesday's convoluted decision makes it uncertain when any regulatory restrictions can be imposed.

Earlier in the meeting, an EnergySolutions attorney argued that state regulators overstepped their authority when they hastily adopted a licensing amendment last month that is "tantamount" to a ban on depleted uranium storage.

Craig Galli told Radiation Control Board members their October action was not properly noticed on the agenda and was an abrupt departure from instituting changes to licenses, which are handled by the board's executive secretary after technical review. The departure, he added, overturns an 8-3 vote by the board a month earlier in which a proposed moratorium on the receipt and disposable of depleted uranium was rejected. Galli urged board members to either rescind the October action or defer review of the licensing change to the executive secretary.

Continuing on the current "pathway," Galli said, will result in lengthy and expensive litigation and turn authority over licensing changes to an administrative law judge, who while trained in law, is not a technical expert on the storage of hazardous waste.

"This is determining a licensing amendment without benefit of technical review," he said, adding no attorney is "competent" to make those findings.

Galli said EnergySolutions has safely disposed of depleted uranium at its Clive facility for more than 18 years. Last month's action by the board to amend the company's license would have put a hold on shipments until the company completes new environmental and safety assessments.