This facility has operated as a nuclear fuel fabrication site since the 1970s, running under successive corporate names including Exxon Nuclear, Siemens Power Corporation, and Framatome Inc. The site became RCRA-regulated in the early 1980s under EPA/State ID WAD 990828402, with corrective action required to address radioactive waste contamination in groundwater. The RCRA permit was terminated in February 2019, and the site has received a No Further Action determination under Washington's cleanup program. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Pre-1986 Commercial General Liability (CGL) policies were occurrence-based and did not contain an effective pollution exclusion in Washington. If contamination occurred while those policies were active, those historical insurance carriers may still have a legal obligation to fund the cleanup costs, even if the business closed or the property changed hands.
Nuclear fuel fabrication operations at this property began in the 1970s — more than a decade before 1986, when occurrence-based Commercial General Liability policies ceased reliably covering pollution claims. The radioactive waste contamination found in groundwater here traces to those decades of pre-1986 industrial operations. Historical carriers who issued CGL policies during the facility's early operational years may be obligated to cover the remediation costs incurred through the RCRA corrective action process that spanned from the 1980s through permit termination in 2019.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.