A Contentious Bill Passes Senate (em Two Votes Shy of Blocking a Veto
Recently passed by the U.S. Senate, nuclear waste bill S. 104 lies mired in quicksand, facing a promised presidential veto, not to mention attacks from senators representing those states targeted for possible waste storage sites. Disposal of waste from the nation's nuclear generating plants has turned into possibly the most contentious issue on Capitol Hill.
Sen. Frank H.
S&Ls won damages when the feds reneged on promises. Utilities could do the same.
It's tough to be a utility CFO these days. For decades, electric utilities have served both as target and conscripted agent of government policy. Utilities pay disproportionately high taxes. Utility rate structures further distort market forces with subsidies flowing from business to residential. These policies actually defeat market forces. To large measure, many of these market failures arise from reconciling the hangover from uneconomic policy initiatives.
The Minnesota Legislature is poised to pass a bill that would allow the state to take full advantage of any relief granted by federal courts in pending cases over the U.S. Department of Energy's nuclear waste disposal obligations.
State Senator Steve Murphy and state Representative Steve Timble introduced the legislation, which has support in both Houses. The legislation was introduced to ensure that state ratepayers would see immediate relief if ordered by federal courts in pending cases in the next several months.
Chair Murkowski Chews Out an Undersecretary. At a Senate panel on a bill calling for the Department of Energy to store nuclear waste short-term, opponents stacked up objections, even renewing opposition to a permanent site.
The "Nuclear Waste Policy Act," S. 104, is similar to a bill passed in the Senate last year. It calls for
construction of temporary storage, a safe way to transport the waste, and more studies leading to a permanent site 1,200 feet below the ground at Yucca Mountain, Nevada. Already, $6 billion has helped bore an exploratory tunnel there.
A group of 40 state agencies has joined with 33 utilities and the Nuclear Waste Strategy Coalition (NWSC) to file a lawsuit in federal district court after the Department of Energy (DOE) reported that it would not comply with a federal court mandate to accept high-level radioactive waste for permanent storage as of January 31, 1998, and begin removing such waste from temporary storage at some 73 power plants in 34 states.
The D.C. Circuit had ruled against the DOE last summer. (See, Indiana-Michigan Power Co. v.
With President Clinton and the Department of Energy (DOE) staunchly opposed, the House of Representatives was expected to return September 4 from August recess to take up its version of a nuclear waste disposal bill that passed in the Senate on July 31 by a vote of 63-37.
Senate bill 1936 and its amendments call for a temporary storage facility at the Nevada nuclear test site near Yucca Mountain before the end of 1999.
One of the most influential organizations in utility regulation is seeking a new executive after its director of more than 30 years resigned in the midst of strategic planning that could change the group's future.
Paul Rodgers, executive director and general counsel for the National Association of Regulatory Utility Commissioners (NARUC), made his July 25 resignation effective August 9. He was given two year's pay as severance.
Charles D. Gray, assistant general counsel, has taken over as acting general counsel.
That's how fast the money pours in to the nation's Nuclear Waste Disposal Fund, one mill at a time. And the money is attracting attention, especially during this election year, with Congress running out of time before its planned August recess.
"Today has been extremely rich in terms of rumors," said Mike McCarthy, administrator of the Nuclear Waste Strategy Coalition, when I talked with him on June 28.
"The leadership in the House and Senate have met. People seem to be adjusting their schedules.
The Senate subcommittee funding the Department of Energy (DOE) may use a carrot-and-stick approach this year to push DOE into finding a quicker solution to the long- and short-term nuclear waste crisis. The debate to get the waste stored safely underground promises an appropriations war that could rival the federal budget skirmish.
Current law authorizes only a permanent repository, not interim storage. Utilities, however, claim they're running out of room to cache their waste.
Since the Federal Energy Regulatory Commission (FERC) issued its electric "giga-NOPR" on transmission access, stranded investment, and Real-time Information Networks (RINs), the heat is on (em and rising. Congress is busy, too. It's working hard on telecommunications, nuclear waste, and privatization of the federal power marketing agencies, but the odds may be growing against repeal of PURPA (the Public Utility Regulatory Policies Act) or PUHCA (the Public Utility Holding Company Act.