Charles Judd, who served as the company's president when it was Envirocare of Utah, says safety and financial questions persist after state regulators completed the most recent license review. He filed a formal appeal to block the license.

"We feel this is the only way we can really get answers to these questions," said Judd, who also is suing the company in civil court over alleged anti-competitive practices.

The company had no comment, other than to say it would defend its license renewal in formal proceedings by the Utah Division of Radiation Control.

The state's Radiation Control Board, which adjudicates appeals like these, approved a tentative schedule Friday to review Judd's complaints over the next few months.

EnergySolutions operates a mile-square landfill for low-level radioactive and hazardous waste in Tooele County, about 80 miles west of Salt Lake City.

One of just three facilities of its kind in the United States, it will become the only disposal site for low-level waste generated in 36 states beginning this summer.

The company also has been embroiled recently in a national controversy over plans to dispose of waste from the dismantled Italian commercial reactor program.

State law requires a review of EnergySolutions' license every five years.

And, while this is the company's second renewal, following a renewal in 1998, state regulators took five years to complete it.

That's a sign, says Judd, that the state doesn't have the resources to properly carry out its oversight role.

He said the protective cover on a closed disposal cell has cracked.

He also said the company has too little surety money to protect taxpayers who would be left to pay for any repairs that might be needed if the company were to walk away from the site.

Another problem, added Judd's attorney, Constance K. Lundberg, is that state radiation regulators rely heavily on EnergySolutions for their budget.

That means, when the company's disposal revenues go down, like they are now, so does the state's ability to monitor the site.

"There are fundamental problems with this,' she said.

fahys@sltrib.com