SOUTH CAROLINA FILES FOR SUMMARY JUDGEMENT IN MOX CASE

South Carolina yesterday filed a motion for summary judgement in its challenge to the Department of Energy’s planned suspension of the Mixed Oxide Fuel Fabrication Facility. The state filed suit last month in the U.S. District Court for South Carolina soon after the Department’s announcement that it planned to immediately put the facility into “cold standby.” The state has focused on a lack of Congressional approval for the move. “This action is in violation of Constitutional law and contrary to legislative directives expressed through the Congressional appropriation of funds for construction of the MOX Facility and statutory obligations imposed to construct the Project,” states yesterday’s motion for summary judgement. “As a result, DOE’s and NNSA’s decision to indefinitely suspend construction of the MOX Facility should be set aside and they should be directed to continue expending funds and proceeding with construction as Congressionally mandated.”