DOE: S.C. can't block plutonium shipments for SRS

COLUMBIA, SOUTH CAROLINA - Attorneys for the U.S. Energy Department say South Carolina&#39;s threats to block federal plutonium shipments to the agency&#39;s Savannah River Site facility are unconstitutional. <br> <br> In response to a lawsuit filed by Gov. Jim Hodges, the attorneys argued in court papers released Friday that the governor&#39;s plan to use a blockade to keep the nuclear material out of his state would violate the federal government&#39;s right to regulate interstate commerce. <br> <br> Courtney Owings, a spokeswoman for Hodges, said the governor&#39;s attorneys were still looking over the filing and had no immediate response. <br> <br> In his motion seeking a temporary restraining order against the plutonium shipments, Hodges has argued to U.S. District Judge Cameron Currie that the Energy Department has violated environmental and due-process laws. <br> <br> Currie is scheduled to hear arguments June 13, two days before the Energy Department could begin making the shipments of weapons-grade surplus plutonium from the former Rocky Flats nuclear weapons plant in Colorado. <br> <br> The plutonium is to be shipped to the Savannah River Site, converted and then shipped out of state. <br> <br> Hodges has sued to stop the shipments until the Energy Department and the state reach an agreement about how the plutonium will be processed and when it will leave the state. <br> <br> Hodges also questioned the department&#39;s safe-transport capabilities. Last week, he asked Energy Secretary Spencer Abraham to put any movement plans on hold. <br> <br> The Energy Department contends that the shipments to South Carolina are essential to meeting its goal of cleaning up and closing the Rocky Flats site by 2006.