EnergySolutions last week subpoenaed the Nuclear Regulatory Commission, requesting documents and communications concerning federal low-level radioactive waste (LLRW) regulations, as it gears up to fight a civil antitrust lawsuit the Department of Justice filed against the company’s $367 million acquisition of Waste Control Specialists.
The subpoena is considered routine for such a case, as both sides are gathering information for the lawsuit, which was filed in the U.S. District Court for the District of Delaware. DOJ argues that the deal would merge the two largest competitors for low-level radioactive waste (LLRW) disposal services in dozens of states, monopolizing the market. EnergySolutions says its plans to “vigorously defend” against the lawsuit, arguing that its competitors operate numerous disposal sites for LLRW.
Low-level waste is a radioactive byproduct of nuclear generation, scientific research, and medical treatment, and includes items such as tools, personal protective clothing, water-purification filters and resins, hardware from nuclear plants, and medical equipment.
Lawyers for EnergySolutions and WCS, in a Jan. 24 subpoena, requested all NRC documents related to state or federal regulation of operational low-level radioactive waste; along with all NRC communications with third parties and government entities concerning low-level radioactive waste authorization, among other documents. The companies also requested all NRC documents related to the proposed acquisition, including potential or perceived benefits and impacts of the deal, as well as any documents related to DOJ’s investigation of the acquisition. The companies are also seeking documents that detail low-level waste production, volume, and disposal data.
