Connie Nakahara
Utah Department of Environmental Quality

Continued...

Verdoia: From the standpoint of the state working with the private corporations, from the standpoint of the state of Utah, has Private Fuel Storage been forthcoming in dealing with the state on this project?

Nakahara: They've offered to answer questions, but the whole beginning of this process the state was unaware of the agreement or PFS's interest in locating within the state until, basically, they had a draft contract with the Skull Valley Band of Goshutes. And so, although they've, at times, offered to provide information, at other times they seem to give as little as necessary.

Verdoia: I would assume, since you are an important point person in this process, that you've been able to carefully review the contract between Private Fuel Storage and the Skull Valley Band of the Goshutes.

Nakahara: As part of our litigation before the NRC we've signed a confidential, the state's signed a confidentiality agreement with PFS to look at some financial information. So we did receive a lease agreement that had some additional information, then the public version. However, we're still missing a lot of information with termination clauses and how the Skull Valley Band can get out of the lease, if they can get out of it at all.

Verdoia: So we're saying the state of Utah really doesn't know all that's involved with that contract.

Nakahara: That's correct.

Verdoia: That would appear to me, on the base of it, to be a very dangerous set of uncertainty.

Nakahara: That's one of our big concerns is financial assurance and who's going to be liable for the facility in the event of an accident.

Verdoia: Is your concern that it would fall to the state of Utah?

Nakahara: It will fall to the state of Utah or it may fall to the federal tax payers. Either way, it's the citizens of Utah who are going to end up paying for it if PFS is not held liable.

Verdoia: Help the average person understand the process - as we meet here now and the very early spring and late winter of 2001, what's in store? What's going happen?

Nakahara: We're half way through the NRC process. The Draft Environmental Impact Statement has been issued. NRC has already issued a Safety Evaluation Report, giving their consent on safety issues. NRC has issued a Draft Environmental Impact Statement assessing the environmental issues. They've accepted comments from the state and various other entities. And NRC had originally planned to issue a final Environmental Impact Statement in February of this year, which is now. We recently received a notice from NRC that that would be delayed because of additional information that PFS needs to provide to NRC. And that's based on some of the issues that the state's raised.

Verdoia: What do we believe?

Nakahara: Like I say, we believe that the process would be delayed anywhere from two to six months but currently the litigation's schedule has a Licensing Board determination in November, by November 30 of 2001. Based on the delay of the final Environmental Impact Statement, the need to hold additional hearings, it would be between a two month delay or longer.

Verdoia: Through this process, which you've been involved with now for quite sometime, probably few people in this state know this issue as intricately and as closely as you know this issue. Are you heartened that Utah's concerns will be heard, will be taken into account and will substantially impact this decision making process?

Nakahara: Before the NRC Licensing Board? I'm very concerned whether the Licensing Board... sorry, I have to be careful of this since I'm also an attorney before the Licensing Board. I'm very concerned that the Licensing Board will not hear all the relevant issues that the state believes are very important to making a licensing decision. Some issues the Licensing Board has deferred to the Commission itself. In fact, one issue related to seismic concerns has recently been sent up to the Commission.

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