Federal District Judge Sue L. Robinson entered her sealed opinion Wednesday in favor of the U.S. Department of Justice and prohibited Waste Control Specialists (WCS) and EnergySolutions from moving forward with the proposed $367 million merger of the two-nuclear waste storage and disposal companies.
The judge’s decision was based on anti-trust law.
In a written statement, Andrew Finch, acting assistant attorney general of the Justice Department’s Antitrust Division, said, “Substantial evidence showed that head-to-head competition between EnergySolutions and Waste Control Specialists led to better disposal services at lower prices.”
He continued, “Today’s decision protects competition in an industry that is incredibly difficult to enter. While EnergySolutions’ preference was to buy its main rival rather than continue to compete to win business, today’s decision ensures that customers will benefit from the competitive process.”
In anticipation of the antitrust trial and the growing expenses involved in expanding WCS’s business to include the storage of plutonium fuel from U.S. nuclear power plants, in April, WCS asked the Nuclear Regulatory Commission (NRC) to temporarily suspend review of its application.
WCS applied for a 40-year license to build and operate a consolidated interim storage facility for 44,000 tons of high-level radioactive waste. WCS planned to build the de facto parking lot dump on its 14,900 acres on the New Mexico-Texas border, five miles east of Eunice, New Mexico.