Published Monday, October 16, 2000
Lincoln Journal-Star

Waste Compact Case May Affect Nebraska

WASHINGTON (AP) -- The Supreme Court sought the Clinton administration's views Monday on whether a regional compact should be allowed to sue North Carolina in the nation's highest court over its failure to build a low-level radioactive waste facility.

The justices asked Justice Department lawyers to file a brief commenting on the case.

The case could have repercussions in Nebraska, which is facing a lawsuit for its failure to site a low-level nuclear waste storage facility in Boyd County. That lawsuit was filed by several utility companies and the states of Arkansas, Kansas, Louisiana and Oklahoma who had been members with Nebraska in the Central Interstate Low-Level Radioactive Waste Compact.

North Carolina was among eight states that originally made up the Southeast Interstate Low-Level Radioactive Waste Commission -- one of 10 regional compacts formed after Congress in 1980 encouraged states to create disposal facilities for their low-level radioactive waste.

The Southeast Compact chose North Carolina as the site for its regional dump in 1986. The state received $80 million in development funds, which it spent studying the feasibility of the project, state officials said. In July 1999, North Carolina withdrew from the compact.

The Southeast Compact members voted to fine North Carolina $10 million for backing out and order the state to repay the $80 million.