The trial over the Department of Justice’s civil antitrust lawsuit seeking to block EnergySolutions’ $367 million acquisition of Waste Control Specialists (WCS) began Monday in federal court.
The proceedings are scheduled to last two weeks and will be overseen by Senior U.S. District Judge Sue Robinson. Justice filed the lawsuit in November in the U.S. District Court for the District of Delaware, arguing that the deal would combine the two largest competitors for low-level radioactive waste (LLRW) disposal services in dozens of states. LLRW is a radioactive byproduct of nuclear power generation, scientific research, and medical treatment. That includes items such as tools, personal protective clothing, water-purification filters and resins, reactor hardware, and medical equipment.
The Justice Department contends the deal would deny competitive benefits to customers for low-level waste services in 36 states, the District of Columbia, and Puerto Rico. Customers include universities, hospitals, and nuclear facilities.
WCS spokesman Chuck McDonald declined to comment in an interview Monday, but said company President and Chief Executive Rod Baltzer will be present at the proceedings.
EnergySolutions spokesman Mark Walker also declined to comment.
Last week WCS said it halted, but did not cancel, its license application with the Nuclear Regulatory Commission for a consolidated interim spent nuclear fuel storage site in West Texas. The company said the licensing process is financially “unsupportable” until it completes the merger with EnergySolutions.
