A majority of Radiation Control Board members agreed that, since they had granted EnergySolutions attorneys the right to limited "discovery" in June, Judd ought to have similar access to relevant documents and interviews.

"We should probably give equal opportunity to both," said Elizabeth Goryunova, the board's vice chair.

Judd, a longtime executive of EnergySolutions' predecessor, Envirocare of Utah, wants to challenge a decision by state regulators in January to renew EnergySolutions license. His company, Cedar Mountain Environmental, is also part of the appeal effort.

EnergySolutions has operated a low-level radioactive and hazardous waste site in Tooele County since 1988. A few years ago, the company's new owners bought land adjacent to the mile-square disposal site that Judd had wanted to use to build his own low-level waste site.

Judd alleges that the renewal should not have been approved because EnergySolutions has shortchanged the state in taxes, allowed contamination to blow or leak off site and violated other terms of its license. But he cannot mount a full-fledged appeal unless the board grants him legal standing.

EnergySolutions, which won board approval for discovery in June, has indicated it will fight that request.

Attorney Craig Galli told the board it lacks authority to grant Judd the right to discovery until he has proven his legal standing.

"At this juncture, this request is completely inappropriate," Galli said, "and I must say it is completely without precedent."

But members of the panel worried that if they refused Judd's discovery request now, the fairness question might later give him grounds eventually to challenge their decision on standing.

fahys@sltrib.com