Attorney General of Nebraska — Opinion
DATE: January 24, 1990
SUBJECT: State Ownership of Low-Level Radioactive Waste
REQUESTED BY: Senator Douglas A. Kristensen Nebraska State Legislature
WRITTEN BY: Robert M. Spire, Attorney General Linda L. Willard, Assistant Attorney General
You have inquired regarding the constitutionality of a proposed legislative bill which would mandate that radioactive material accepted for disposal at a low-level radioactive waste disposal facility shall not become the property of the State. We find no constitutional infirmity with such a provision. However, you should be aware that current regulations of the Nuclear Regulatory Commission do provide for state ownership at the time of facility closure.
Sincerely,
ROBERT M. SPIRE Attorney General
Linda L. Willard Assistant Attorney General 28-01-14.2
cc: Patrick J. O’Donnell Clerk of the Legislature