SOURCE: EnergySolutions

EnergySolutions

February 26, 2009 16:25 ET

Judge Hears Oral Arguments: Rules Clive Not a Regional Disposal Facility

SALT LAKE CITY, UT--(Marketwire - February 26, 2009) - EnergySolutions, Inc. (NYSE: ES): EnergySolutions and the Northwest Compact presented oral argument today on their respective motions for summary judgment in EnergySolutions' three-count declaratory judgment action. EnergySolutions believes that the Northwest Compact does not have jurisdiction over the company's disposal facility in Clive, Utah.

One of the company's principal arguments in this action is that the Clive facility is not a regional disposal facility as defined under applicable federal law. The judge ruled today, consistent with the company's legal position, that Clive is not a regional disposal facility. The remaining issue of whether the Compact can nonetheless exercise jurisdiction over a private, non-compact facility was taken under advisement.

"We feel that our position regarding this matter is on sound legal ground," said Steve Creamer, CEO and Chairman of EnergySolutions. "We appreciate the thoughtfulness of the Judge and we look forward to his ruling after he has considered all of the information presented."

EnergySolutions remains committed to sharing 50 percent of the net revenue from the disposal of material generated outside of North America with the people in the State of Utah. This funding will be used in areas such as: public and higher education, supporting local charities and community based organizations and furthering economic development in the state.

EnergySolutions offers customers a full range of integrated services and solutions, including nuclear operations, characterization, decommissioning, decontamination, site closure, transportation, nuclear materials management, processing, recycling, and disposition of nuclear waste, and research and engineering services across the nuclear fuel cycle.

Statements in this news release may contain forward-looking statements that involve risks and uncertainties. Forward-looking statements provide current expectations of future events based on certain assumptions and include any statement that does not directly relate to any historical or current fact. Forward-looking statements are not guarantees of future performance and the Company's actual results may differ significantly from the results discussed in the forward-looking statements.

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