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Judge Hears Oral Arguments: Rules Clive Not a Regional Disposal Facility
| Source: EnergySolutions
SALT LAKE CITY, UT--(Marketwire - February 26, 2009) - EnergySolutions, Inc. (NYSE : ES ):
EnergySolutions and the Northwest Compact presented oral argument today on
their respective motions for summary judgment in EnergySolutions'
three-count declaratory judgment action. EnergySolutions believes that the
Northwest Compact does not have jurisdiction over the company's disposal
facility in Clive, Utah.
One of the company's principal arguments in this action is that the Clive
facility is not a regional disposal facility as defined under applicable
federal law. The judge ruled today, consistent with the company's legal
position, that Clive is not a regional disposal facility. The remaining
issue of whether the Compact can nonetheless exercise jurisdiction over a
private, non-compact facility was taken under advisement.
"We feel that our position regarding this matter is on sound legal ground,"
said Steve Creamer, CEO and Chairman of EnergySolutions. "We appreciate the
thoughtfulness of the Judge and we look forward to his ruling after he has
considered all of the information presented."
EnergySolutions remains committed to sharing 50 percent of the net revenue
from the disposal of material generated outside of North America with the
people in the State of Utah. This funding will be used in areas such as:
public and higher education, supporting local charities and community based
organizations and furthering economic development in the state.
EnergySolutions offers customers a full range of integrated services and
solutions, including nuclear operations, characterization, decommissioning,
decontamination, site closure, transportation, nuclear materials
management, processing, recycling, and disposition of nuclear waste, and
research and engineering services across the nuclear fuel cycle.
Statements in this news release may contain forward-looking statements that
involve risks and uncertainties. Forward-looking statements provide
current expectations of future events based on certain assumptions and
include any statement that does not directly relate to any historical or
current fact. Forward-looking statements are not guarantees of future
performance and the Company's actual results may differ significantly from
the results discussed in the forward-looking statements.