Austin, Texas 78711 Office of the Governor Phone (512) 475-3021 MEMO DATE: September 21, 1982 TO: Governor William P. Clements, Jr. 0 FRON. David Herndon, General Counsel ,(Lit444-4if RE: Texas Department of Health Interpretation of Statute Prohibiting Out-of-State Nuclear Waste Being Brought Into Texas for Processing Attached are copies of material previously sent to you related to the above issue. Dr. Bernstein has now requested an Attorney General's Opinion as to the proper construction to be given to the applicable statute and its constitutionality. I have been anticipating this request. It was my intention to prepare a brief for filing with the Attorney General's Opinion Committee supporting your position on this issue and also to prepare a suggested letter from you to Dr. Bernstein calling upon him to enforce the statute as written pending a ruling by the Attorney General. However, I have heard through TENRAC that you may have met with Dr. Bernstein and modified your prior position. The recommended letter is attached should you want to send it. Do you want a brief filed with the Attorney General in support of keeping this waste out of the state? Yes DH:slc Attachment "fv0- tar. • SEP 2 4 1982 DAVID HERNDON General Counsel