Public Citizen's Critical Mass Energy Project

For Immediate Release:						Contact:
November 14, 1997							Auke Piersma (202) 546-4996

The Nuclear Waste Slap Suit on DOE Fails:
Decision Results in a Compromise Already Offered By DOE

	The nuclear industry slap suit against the Department of Energy (DOE) for 
their inability to accept high level nuclear waste failed in the U.S. Court 
of Appeals. The Court's decision results in a possible cash settlement by 
DOE which the agency had already offered the utilities before the slap suit.
 The utilities demand that DOE begin shipments of highly irradiated nuclear 
waste by January 31, 1998 was denied by the Court.  Also denied was the 
right of utilities  to escrow their Nuclear Waste Fund payments.

	The industry has clearly lost on the slap suit, although they have been 
touting the compromise settlement as a win. While the Court offered partial 
relief to the utilities, the same level of relief had previously been 
offered by the DOE. The DOE argued that it had no obligation to negotiate 
monetary settlements for on-site storage reimbursement. The decision rebuked 
DOE's claim and will likely result in monetary compensation of some form. 
Because the DOE had already publicly offered to settle and pay for on-site 
storage the court settlement is no real victory for the nuclear industry.

	"This decision sends a clear message to the nuclear utilities that they 
cannot expect to hold this slap suit over Congress' head any longer," said 
Auke Piersma,  Energy Policy Analyst with Public Citizen's Critical Mass 
Energy Project. "This is a victory for the American public, because it 
effectively puts an end to this slap-suit, which was created only for 
political purposes."

	"The President's veto promise is real, the Senate will protect it, and the 
Courts have spoken. Its time for the utilities to accept the sound, safe, 
and environmental choice. Temporary onsite storage is the best of the bad 
choices until we are fully prepared with real reasons to transport this 
deadly cargo" said Wenonah Hauter, Director of Critical Mass Energy Project.




Auke Piersma                              Phone: (202) 546-4996
Energy Policy Analyst                  Fax: (202) 547-7392
Critical Mass Energy Project        Email: apiersma@citizen.org
Public Citizen                              Website: www.citizen.org/cmep/