Nuclear transportation safety: the debate continues.

The safety of nuclear waste transportation is under debate again in 1997 as Congress considers legislation to put a temporary storage facility for spent nuclear fuel in Nevada.

Concern about transportation safety and political opposition from Nevada, environmental groups and President Clinton derailed similar legislation last year.

The interim facility is backed by nuclear utilities that are running out of storage space for spent fuel and expect the U.S. Department of Energy (DOE) to take ownership of their spent fuel starting next January, as required by the Nuclear Waste Policy Act. On Jan. 30, 1997, a lawsuit was filed by several state attorneys general, public utility commissions and electric utility companies that seek to force DOE to say how it will handle the waste. And, in a related development, 11 utilities are working with the Skull Valley Band of Goshute Indians to build a spent fuel storage facility on tribal land in Utah.

When significant amounts of spent fuel will hit the road is anyone's guess. Reaction is mixed: The prospect of numerous shipments is alarming to some, but no cause for concern to others. Historically, there have been some 2,500 shipments, with no death or injury due to the radioactive nature of the cargo.

Despite this excellent safety record, nuclear shipments are generally feared by the public. And state lawmakers find themselves caught in the political crossfire of these varied perspectives.

The safety of spent fuel transportation is primarily a federal responsibility, but Congress has recognized a state role as well. The U.S. Department of Transportation and the Nuclear Regulatory Commission are responsible for packaging regulations, certifications of container safety, regulations governing sabotage, escorts, routing and employee training.

To address perceived gaps in federal law, states have enacted several regulatory mechanisms including permits, routing, liability rules, inspections, notification and emergency training, to ensure safe transport of spent fuel and other hazardous material.

Eighteen states require truckers to get permits before hauling spent fuel. Permits usually involve an evaluation of a trucking company's operations and its past compliance with safety requirements. Permits and...