Guinn airs opposition to nuke waste in Congress

Testifying before Congress this morning, Gov. Kenny Guinn condemned efforts by some federal lawmakers to make Nevada the final resting place for the nation's high-level nuclear waste.

Throughout his testimony Guinn hit upon a number of issues, including the safety of transporting the nuclear waste through 43 states and the potential environmental disaster that could occur in Nevada. These two issues were common themes that members of Nevada's congressional delegation highlighted during their testimony to the House Commerce Subcommittee on Energy and Power.

"This legislation is wrong for our country for several important reasons," Guinn said. "It is scientifically unsound. It creates health and safety risks not only for the people of Nevada but also for all those whose homes and businesses are in the transportation path of the deadliest substances known to man.

"It violates the spirit of the 10th Amendment to the United States Constitution by targeting Nevada on a purely political basis."

Guinn joined Rep. Jim Gibbons, R-Nev., and Rep. Shelley Berkley, D-Nev., in the nation's capital to testify against a House bill that would require the Nevada Test Site to temporarily accept the nation's nuclear waste. Current law forbids storing nuclear waste in Nevada while Yucca Mountain, 90 miles northwest of Las Vegas, is under consideration as a permanent repository.

Gibbons told members of the committee that requiring Nevada to accept the nation's high-level nuclear waste is "a deadly situation we should not have to live with." Gibbons said the legislation "creates several environmental concerns."

"It sure cuts the ongoing studies that are currently taking place at Yucca Mountain specifically by revoking regulations that establish sound scientific guidelines for determining site suitability such as groundwater movement, climatic stability and geological stability," Gibbons said. "Not to mention (the legislation) preempts the National Environmental Policy Act, the Safe Drinking Water Act and any federal, state or local law that is currently inconsistent with the bill."

In an apparent attempt to show the subcommittee members how the waste will have to go through their towns before it reaches Nevada, Berkley told them that 50 million Americans live within just a half-mile of the shipping routes.

"The deadly cargo will intrude on 43 states and hundreds of cities and towns," Berkley said. "The waste will rumble through Birmingham, Ala.; Laramie, Wyo.; Portland, Maine; and the suburbs of Los Angeles, Miami, Kansas City and St. Louis. In short, nuclear waste will be on the move all over the country, all the time, for 30 years." A time change in President Clinton's impeachment trial forced Nevada's two Democratic senators, Sens. Richard Bryan and Harry Reid, to miss the hearing. But both submitted written testimony to the subcommittee and provided encouragement to their colleagues.

In an interview last night, Bryan praised Guinn for being "very strong" in his opposition to nuclear waste. "There has been a seamless web in the transition from (former) Gov. (Bob) Miller's and Gov. Guinn's administration," he said.

Citing the earthquakes that shook the Nevada Test Site two weeks ago, Reid said it is a "recipe for disaster" to move the waste from the reactor sites to an "earthquake prone region," in the testimony he submitted to the subcommittee.

Also testifying at today's hearing were supporters and opponents of the legislation and Department of Energy and Nuclear Regulatory Commission officials.

Speaking on behalf of the Nuclear Energy Institute, the nuclear power industry's Washington lobbying arm, David Joos, president and CEO of Michigan-based Consumers Energy, told the subcommittee that the White House and the Energy Department have not been committed to meet the government's 1998 legal obligation to begin managing used nuclear fuel.

"The Energy Department has deflected and attempted to deny its legal responsibilities and has missed its deadline for accepting used fuel from nuclear power plants and defense facilities at 78 locations and 35 states," Joos said. "This is irresponsible conduct unfitting of the federal government."

Also during his testimony Guinn called the recent release of the DOE's Viability Assessment for Yucca Mountain "a study based on flawed, biased and incomplete science."

"The Viability Assessment may very well be remembered for what DOE doesn't want acknowledged about Yucca Mountain, mainly that the waste isolation features of the mountain are in fact, insufficient to assure that radioactive waste do not escape into the environment," Guinn said. Guinn made the most of his time while in Washington today. He was invited by Gibbons to attend the private House Republican Conference meeting normally reserved for GOP members. Guinn addressed the full conference and told them of his concern about bringing nuclear waste to Nevada. He received a standing ovation from the conference.

Also, Reid helped arrange a short meeting between the governor and Senate Majority Leader Trent Lott, R-Miss., prior to the opening of the this morning's impeachment debate. Guinn said he discussed restoring the $5 million in federal money for the state's independent scientific research of Yucca Mountain. The governor said he did not receive any assurances.

This afternoon, Guinn and Gibbons are scheduled to meet with House Speaker J. Dennis Hastert, R-Ill., to discuss nuclear waste issues. The speaker is apparently trying to move the interim nuclear waste legislation through the House.

Bryan said Guinn's meeting this afternoon is very important because the legislation -- although it has bipartisan support -- is being driven by the House leadership.

"I would hope that Gov. Guinn may be able to make the case to the speaker that this is bad policy," Bryan said.

But Bryan appears confident Hastert will at least have an open ear for Guinn. Since the poor showing of Republicans in the November elections, GOP governors have said they want more control over shaping the party's agenda. And the emergence of Texas Republican Gov. George W. Bush as a possible presidential candidate has provided a voice for state GOP leaders.

Based on past history, lawmakers opposed to the interim nuclear waste legislation have an uphill battle trying to stop it from passing the House. Similar legislation has already passed the House on two separate occasion. Only a promised veto by President Clinton and pro-dump supporter's inability to gain a veto proof majority in the Senate has blocked the legislation from becoming law.

Bryan and Reid both said they are working to try and get more Senate Republicans to join in opposing any interim nuclear legislation. Last year, only two Republicans, Sen. Ben Nighthorse Campbell of Colorado and now retired Sen. Dan Coats of Indiana, opposed the legislation.

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