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CENT. MIDWEST INTERSTATE LOW-LEVEL WASTE v. PENA

No. 96-3674.

113 F.3d 1468 (1997)

The CENTRAL MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMMISSION, Plaintiff-Appellant, v. The Honorable Federico PENA, in his official capacity as Secretary of Energy, Defendant-Appellee. and COMMONWEALTH EDISON COMPANY and Illinois Power Company, Plaintiff/Intervenors-Appellees, v. The Honorable Federico PENA, in his official capacity as Secretary of Energy, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 20, 1997.

Attorney(s) appearing for the Case

Eric M. Schwing (argued), Babette P. Salus, Schwing & Salus, Springfield, IL, for Central Midwest Interstate Low-Level Radioactive Waste Commission.

James E. Peckert, Kehart, Shafter, Hughes & Webber, Decatur, IL, for Illinois Power Company.

Mark Stern, Michael S. Raab (argued), Department of Justice, Civil Division, Appellate Section, Washington, DC, James A. Lewis, Office of the United States Attorney, Springfield, IL, for Hazel O'Leary.

Julie A. Bauer (argued), Robert L. Michels, Percy Lee Berger, Jr., Winston & Strawn, Chicago, IL, for Commonwealth Edison Company.

Before CUMMINGS, DIANE P. WOOD, and EVANS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

Under the Low-Level Radioactive Waste Policy Amendments Act of 1985, 42 U.S.C. § 2021b et seq., states or interstate compacts which were able to "provide for" the disposal of all low-level radioactive waste generated within their borders from January 1, 1993, to January 1, 1996, were entitled to certain monthly incentive payments. The payments were made from an escrow account funded by surcharges imposed on waste generators...

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