In an effort to halt the suspension of the Mixed Oxide Fuel Fabrication Facility, South Carolina officials yesterday announced that the state is suing the Department of Energy over its decision to put the project into a “cold standby” mode. In a complaint filed yesterday in U.S. District Court for South Carolina, officials focused on a lack of Congressional approval for the move. “Through the unilateral indefinite suspension of the MOX project without any plutonium disposal alternative, without any Congressional authorization or approval, and without any legal authority, the federal government has failed to not only honor its commitment to South Carolina but has breached its obligation to responsibly address the disposal of surplus plutonium,” South Carolina Attorney General Alan Wilson said in prepared remarks. “Further, this violation of the Constitution not only effectively terminates the MOX facility but it terminates approximately 1800 jobs of South Carolina’s hard working citizens.”
The Department said recently in its Fiscal Year 2015 budget request that the remainder of this fiscal year funds will be used to place the plant in a cold standby mode as other options for plutonium disposition are examined. However, South Carolina notes that “these funds have not been authorized by Congress to be used to place the MOX Facility in cold standby,” according to the complaint filed yesterday, which adds: “The use of appropriated funds in this manner is unauthorized and violates the Constitution and Federal law. Any actions of the Defendants to suspend construction of the MOX Facility in Fiscal Year 2014 should be declared unlawful, and the Defendants should be enjoined from taking action in this regard, including but not limited to steps implementing any cold standby for the MOX Facility.”
South Carolina also argues that such a move would be a violation of separation of powers. “By relying upon the Budget Proposal for Fiscal Year 2015 proposed by the President to justify the placement of the MOX Facility immediately into cold standby in Fiscal Year 2014, the DOE and NNSA improperly violate their existing legal mandates and obligations for the current fiscal year,” states the complaint.
