[Page H3666]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      THE TRUTH ABOUT LAWSUIT AGAINST DOE REGARDING NUCLEAR WASTE

  (Mr. GIBBONS asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. GIBBONS. Mr. Speaker, this morning I want to dispel a myth and 
share with my colleagues the truth about a lawsuit against the 
Department of Energy regarding nuclear waste. Many falsely claim that 
it forced DOD to accept this garbage by January 31, 1998.
  However, the Department of Energy advised its contract holders that 
it anticipated that it will be unable to begin acceptance of spent 
nuclear fuel for disposal by January 31, 1998. The Office of Civilian 
Radioactive Waste Management contends that the delay in disposing of 
the contract holders' spent fuel is an unavoidable delay and, according 
to DOE, is not liable for failure to perform under the terms of the 
contract.
  The contract states that neither the Government nor the contract 
holder shall be liable for damages caused by failure to perform its 
obligations, if such failure arises out of causes beyond control and 
without fault or negligence of the party.
  Now that the truth has been told, there is no legal obligation by DOE 
to accept nuclear waste by January 31, 1998. We should not let false 
information or tactics scare us. Vote ``no'' on 1270.

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