Energy Department asks judge to keep South Carolina governor from blocking plutonium

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Posted 9:25AM on Tuesday, June 18, 2002

COLUMBIA, S.C. - The Energy Department has asked a federal judge to prevent Gov. Jim Hodges from blocking plutonium shipments into South Carolina that could begin as early as this weekend. The governor declared a state of emergency last week and dispatched state troopers to inspect vehicles for the radioactive material. He has ordered authorities to prevent anyone from transporting plutonium into South Carolina. A hearing was set for Tuesday on the Energy Department's request for a court order to prevent Hodges from blocking transportation of the weapons-grade plutonium. U.S. District Judge Cameron Currie issued an order Friday saying that Hodges' physical blockades of federal plutonium shipments are illegal and present a possible terrorist target, but she did not specifically order Hodges to refrain from blocking roads. ``If the court rules in our favor, we expect the governor to not interfere so DOE can safely fulfill its national security mission,'' said Energy spokesman Joe Davis. Hodges said he would not block the shipments if ordered by a court but his emergency order would stand until then. ``Plutonium threatens the health and safety of South Carolina's citizens. As governor, I must do everything in my legal power to protect our state from this threat,'' Hodges said. The Energy Department wants to move 6 1/2 tons of plutonium to the Savannah River Site, where it will be converted into fuel for nuclear reactors. Federal officials have said the nuclear material would be under constant guard, and its path and time of arrival would be kept secret. They also say security at the Savannah River Site is sound. Last Thursday, Currie threw out Hodges' lawsuit that would have halted the surplus plutonium shipments that are part of the cleanup and closure of the Rocky Flats facility in Colorado. Hodges worries the conversion program will never be funded and the plutonium will not leave South Carolina. He has appealed Currie's ruling to the U.S. 4th Circuit Court of Appeals in Richmond, Va.