Page:Alabama v. North Carolina, 560 U.S. (2010) slip opinion.pdf/6

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disposal of low-level radioactive waste generated within the region. Art. 1, id., at 1872. The Compact was to be administered by a Southeast Interstate Low-Level Radioactive Waste Management Commission (Commis­sion), composed of two voting members from each party State. Art. 4(A), id., at 1874.

A pre-existing facility in Barnwell, South Carolina was to serve as the initial facility for regional generators to dispose of their low-level radioactive waste. Art. 2(10), id., at 1873. That facility was scheduled to close as the re­gional-disposal facility for the Compact by the end of 1992, ibid., and so the Compact required the Commission to develop “procedures and criteria for identifying. . . a host [S]tate for the development of a second regional disposal facility,” and to “seek to ensure that such facility is li­censed and ready to operate as soon as required but in no event later than 1991,” Art. 4(E)(6), id., at 1875. The Compact authorized the Commission to “designate” a party State as a host State for the facility. Art. 4(E)(7), ibid.

In September 1986, the Commission designated North Carolina as the host for the second facility. North Caro­lina therefore became obligated to “take appropriate steps to ensure that an application for a license to construct and operate a [low-level radioactive waste storage facility] is filed with and issued by the appropriate authority.” Art. 5(C), id., at 1877. In 1987, North Carolina’s General Assembly created the North Carolina Low-Level Radioac­tive Waste Management Authority (Authority) to fulfill the State’s obligation. N. C. Gen. Stat. §104G (1987), 1987 N. C. Sess. Laws ch. 850.

Although “[t]he Commission is not responsible for any costs associated with,” among other things, “the creation of any facility,” Art. 4(K)(1), 99 Stat. 1876, North Carolina asked the Commission for financial assistance with build­ing and licensing costs. The Commission responded by