Page:Alabama v. North Carolina, 560 U.S. (2010) slip opinion.pdf/21

Rh

host requirement in the Compact, see Art. 5(A), 99 Stat. 1873, necessarily implies that North Carolina is solely responsible for the licensing and construction costs of its facility. But all that requirement entails is that a party State “shall not be designated” as a host State for a second time before “each [other] party [S]tate” has taken a turn. Ibid. It can perfectly well envision that the States will take turns in bearing the lead responsibility for getting the facility licensed, supervising its construction, and operating the facility on its soil. In fact, that is just what its text suggests, since it describes the responsibility that is to be rotated as the host State’s “obligation. . . to have a regional facility operated within its borders.” Ibid. Not to construct it, or pay for its construction, but to “have [it] operated within its borders.” As noted above, other con­temporaneously enacted compacts do spell out the obliga­tion of the host State to construct the facility. Still others at least provide that the host State will recoup its costs through disposal fees—which arguably suggests that the host State is to bear the costs. See, e.g., Central Compact, Art. III(d), 99 Stat. 1865; Northeast Compact, Art. III(c)(2), id., at 1913. The compact before us here does not even contain that arguable suggestion.

What it comes down to, then, is JUSTICE BREYER’s intui­tion that the whole point of the Compact was that each designated host State would bear the up-front costs of licensing and construction, but would eventually recoup those costs through its regional monopoly on the disposal of low-level radioactive waste. Post, at 5–6. He can cite no provision in the Compact which reflects such an under­standing, and the behavior of the parties contradicts it. It