The Challenges of Radioactive Waste Transportation

It was my privilege to serve as Chairman of the Electric Utility Companies' Nuclear Transportation Group from 1981 through 1987. In that position, I had the opportunity to deal with issues in which many of you are involved, and which indeed are the subjects, either directly or indirectly, of this Symposium. My involvement in radioactive material transportation dates back to the mid-1970's when I worked for the State of Connecticut Department of Planning and Energy Policy. One day, a truck carrying low-level waste had an accident at a railroad bridge. No one was injured, and no radioactive materials were released. The only damage was to an empty plywood crate that was destroyed when it didn't clear the overhead. When the Governor found out that she had no control over, or knowledge of, the shipment of radioactive materials in the State of Connecticut, she gave me 24 hours to prepare legislation. Notwithstanding the provisions of the Federal Hazardous Materials Transportation Act (HMT A) and the preemptive affect of that statute over inconsistent state and local regulations, I was determined to develop legislation that was reasonable and fair, that would satisfy the Governor's needs, and that would withstand legal challenge. The next day I submitted that legislation and the following day it was passed into law. One of life's interesting ironies is that a year later I was hired by Northeast Utilities, which serves about 1.3 million customers in Connecticut and Massachusetts, and one of my responsibilities was to provide advice and counsel about that blankety-blank state transportation regulation. I should mention that I continue to believe that that legislation was reasonable, and fair, but I must note that last year, after twelve years, the U.S. Department of Transportation (001) determined that that regulation was in fact preempted by the Hazardous Materials Transportation Act. My colleagues remind me of that old song about \"two out of three ain't bad.\"