Congressional Record, Volume 133, Number 142, September 18, 1987

United States of America Congressional Record PROCEEDINGS AND DEBATES OF THE 100 CONGRESS, FIRST SESSION Vol. 133 WASHINGTON, FRIDAY, SEPTEMBER 18, 1987 No. 142 Senate BULLFROG COUNTY Mr. HECHT. Mr. President, I am here today to correct a grave misunderstanding, a misunderstanding that has escalated the movement toward Nevada as the site for the Nation's first high-level nuclear waste repository. This misunderstanding has been caused by the regrettable creation of a county in Nevada called Bullfrog County. This county, and the unfortunate impression it promotes, are the result of a last-minute effort by Nevada's Governor and State legislature at the end of the last legislative session. Bullfrog County was designed to be a clever ploy to siphon any extra benefits caused by a potential site at Yucca Mountain away from Nye County and into the hands of the legislature and Governor. Like most hasty, last minute, clever ploys, the creation of Bullfrog County was ill-conceived, ill-timed and has been totally misunderstood. Instead of accomplishing its original objective, the creation of Bullfrog County has been looked on as an open invitation, issued to the Federal Government by Nevada, for the waste repository site. The Los Angeles Times recently ran a story under the headline "Empty County to Croak Unless it Goes to Waste," which says that "Governor Richard Bryan signed the bill making the Bizarre County a political reality," and called Bullfrog County "one of the strangest political subdivisions ever created." The Washington Post has called Bullfrog County simply an attempt "to get the maximum amount of money out of a proposed Federal high-level nuclear-waste dump at Yucca Mountain." The New York Times said the creation of Bullfrog County is "a not-in-my-backyard issue that some say has become an embarrassment to Nevada." There is a growing consensus here in Washington that Nevada has surrendered the fight and by creating Bull- frog County the people of Nevada are ready to accept the Nation's nuclear garbage. Mr. President, nothing could be further from the truth. I have just completed my fifth annual "Chat With Chic" tour of Nevada. I traveled through every county?including Bullfrog, in spite of the fact that no one lives there. I talked to many Nevadans about their problems and concerns. On this trip, two things came through to me loud and clear: First. The people of Nevada are not ready to give up the fight and accept Nevada as the inevitable site for a nuclear waste dump site. Second. The creation of Bullfrog County was a mistake because it is being interpreted as an open invitation. I am here today to correct that misconception. Bullfrog County is not an invitation, it is an ill-conceived mistake. I am hopeful that the Governor of Nevada and the legislature will destroy Bullfrog County or that the courts will find it unconstitutional. One of the worst aspects of this tragic mistake was that the affected citizens were never consulted. The citizens of Nye County, from whom the land was stolen, feel it sends the wrong signal to Washington. In a letter to Governor Bryan, the Nye County commissioners ask: How can Nevada's nuclear waste repository concerns be taken seriously on Capitol Hill in light of Bullfrog County? Bullfrog County may have sealed Nevada's fate with the repository. In the letter, which I will insert into the Record at the conclusion of my remarks, the commissioners ask that Governor Bryan call a special session of the legislature to repeal the law creating the county, and inform the Governor of their plans to sue over the matter. For Nevada's sake, I hope the Governor changes his mind and grants this reasonable request, i I favor a more rational, more reasonable, less confusing approach. When S. 1668 came before my committee, I offered amendments that will protect Nevada, or any State that is forced to accept the dumpsite. I added language specifically requested by the Nevada State Legislature. The 12 amendments I sponsored will: First. Require a study of feasibility of reprocessing spent fuel of different vintages, due September 30, 1989. Second. Require that nuclear waste packages be licensed by Nuclear Regulatory Commission [NRC]. , Third. Require the Department of Energy [DOE] to abide by NRC rules for notifying States before waste is shipped. Fourth. Require DOE to provide Federal money and assistance to train State and local agencies involved with waste transportation. Fifth. Require that waste package prototypes be submitted to actual tests, not just to computer simulated tests. Sixth. Require NRC to examine other nations' waste packages to see if any are safer than what we plan to use. Seventh. Require DOE to pay for onsite State oversight, for quality control of site characterization and repository construction. Eighth. Require DOE to consult with the Department of Defense [DOD] and certify that a repository site to be named by the President would not jeopardize national defense activities nearby. Ninth. Require a study of the advantages of future research on subseabed disposal. Tenth. Require DOE to comment on the financial implications of Nevada State Legislature's joint resolution calling for compensation for a State forced to host a repository. Eleventh. Require that a State that gets stuck with a repository receive special consideration for other DOE research contracts. Twelfth. Require a study of the advantages of 50 year storage of waste before moving waste to a repository, allowing for public comment, and specifically analyzing the long-term storage practices of other countries. Mr. President, even though I was successful in attaching these safeguarding amendments to the legislation, I still firmly opposed its passage and voted against it, because I feel the approach unfairly targets Nevada. I knew, however, that by itself, my opposition would not be enough. Nevada had to be protected whether the bill passed or not. When the final legislation comes to the Senate I will speak against it, vote against it, and do everything I can to stop it?and to protect Nevada in case it passes over my objections. That's the job of a Senator. Mr. President, I plan to send a letter outlining my remarks today to every Member of Congress, to set the record straight in light of this confusing signal from Carson City. Despite the unfortunate creation of Bullfrog County, the people of Nevada do not want the nuclear waste repository and I will do everything I can to see that this legislation does not pass. I ask unanimous consent that the letter, from the commissioners to Governor Bryan to which I referred earlier, be printed in the Record. There being no objection, the letter was ordered to be printed in the Record, as follows: Nye County, NV, August 5. 1987. Re Bullfrog County. Hon. Richard Bryan, Governor of Nevada, Executive Chamber, Carson City, NV. Dear Governor Bryan: I am writing you this letter on behalf of the members of the Nye County Board of County Commissioners. The Board decided at its August 5 meeting to place on paper for your consideration its thoughts and concerns relative to the creation and operation of Bullfrog County. We hope you can set aside a few minutes of your valuable time to hear us out. At the outset we wish the subject of this letter was a positive topic. But Bullfrog County is not a positive topic, and its creation has made Nevada an object of ridicule and the butt of uncomplimentary jokes throughout the nation. Many proud Neva-dans have stated publicly they are personally offended by the motives and existence of Bullfrog County. Nevadans like yourself have worked long and hard to create a positive image for Nevada, nationally and internationally. Unfortunately, the motives for Bullfrog County and the manner in which it was created have diminished Nevada's standing or respect in board rooms, committee hearings and at dinner tables across the nation. How can Nevada's nuclear waste repository concerns and arguments be taken seriously on Capitol Hill in light of Bullfrog County? Bullfrog County may have sealed Nevada's fate with the repository. We realize the Bullfrog County law will not be legislatively repealed unless there is a large public outcry against this artificial county or you and Nevada legislators decide to repeal it independent of public pressure. We sense there will be a large public outcry in Nevada if Bullfrog County continues to be a source of national embarrassment or it cost Nevada taxpayers a considerable amount of money to address the problems associated with Bullfrog County. Another avenue that one may follow to rid the State of Bullfrog County is to challenge the law that created it. Nye County requested a legal opinion on the constitutionality of the Bullfrog County law from two distinguished attorneys, Mr. Russell W. McDonald and Mr. Rex A. Jemison. As you know these attorneys are very familiar with the application off the Nevada Constitution. Both of their opinions state the Bullfrog County law violates the Nevada Constitution in a number of obvious area (e.g., Article 4. Sections 20, 21, 25 and 26). Based on these opinions and the opinions of other attorneys. the Nye County Board of County Commissioners instructed the Nye County District Attorney, Mr. Philip Dunleavy, to prepare a lawsuit challenging the constitutionality of the Bullfrog County law. We believe District Court Judge William P. Beko's July 17, 1987, letter to you clearly states there are constitutional problems with the Bullfrog County law. But of more urgent concern to us is the Judge's statement that there are serious law enforcement problems associated with Bullfrog County. Bullfrog County does not have a sheriff, a justice of the peace, a district court and citizens to serve on a required jury. In essence. Bullfrog County is a haven for lawbreakers and anarchy. If Nevada Test Site protestors or common criminals locate or flee to Bullfrog County you will probably have to call out the Nevada National Guard, at a significant expense to Nevada taxpayers, to bring law and order to the County. It is anybody's guess as to what you -do with the lawbreakers after the Guard arrests them. We hope the fathers of Bullfrog County, State Senator Tom Hickey and State Assemblyman Paul May, can set our minds at ease and tell us the Judge's concerns are baseless. Given the aforementioned legal problems and Nevada's national black eye, we suggest you call a special one-day session of the Nevada Legislature for the purpose of repealing the Bullfrog County law; the alternative could cause Nevadans, particularly the lawmakers who created Bullfrog County, considerable hardships in the Weeks and months ahead. We think the time" is right for political courage. Respectfully, Joe S. Garcia, Jr., Nye County Commission Chairman.