To: Energy Committee.

It occurs to me that the NIETC components of the US Energy Policy Act of 2005 may be unconstitutional given that this act provides powers to the federal government that are in the domain of "state's rights".

Consider that the federal government has apparently backed off of requiring the State of Nevada to accept the long-term storage of radioactive wastes from the nuclear power plants.

Does anyone know whether the Sierra Club or others are intending to challenge this part or other parts of the Energy Policy Act of 2005?

p.s. Now that Allegheny Energy is intending to use federal authority to charge back costs for planning the TrAIL line, we have a much larger set of issues to face, and more outrage on the part of the general public.

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