With $5 million approved by Utah lawmakers Friday for fusion research, University of Utah officials will start next week to develop new devices based on the astounding experiments.

Legislators took all day but finally approved $2 million this fiscal year and $3 million next fiscal year for research aimed at turning the scientific experiments into money-making, energy-producing machines.Gov. Norm Bangerter lauded the Legislature's action, promising the money will be wisely spent.

Before any is spent, however, independent scientific experimentation must confirm the work of U. chemist B. Stanley Pons and British researcher Martin Fleischmann.

The pair believe they've discovered cold nuclear fusion. Their experiment with heavy water and palladium gives off four times more energy than it takes to start the process, leaving some scientists believing it is fusion, others saying it's some new kind of chemical reaction.

Whatever the case, as long as heat is produced in the volumes reported, said U. president Chase Peterson, the state should be at the forefront of turning the heat into dollars. The $5 million is aimed at just that.

Bangerter leaves for an 11-day trip to Asia next week. Upon his return he will appoint the nine-member Fusion Advisory Council that will allocate the $5 million.

An oversight board, complete with legislators, will watch what the council does, but can't veto any of its spending.

Senators were worried a seven-member council consisting of four scientists and three business developers might be too gung-ho on the experiment and spend money on development even if it proves only partly successful. So they enlarged the council from seven members to nine members, adding two people from the general public who may have a more balanced view.

Only one senator and two House members voted against spending the $5 million. The two-third majorities ensures the money can be spent immediately and not after 60 days as with normal legislation.

The three voting no said it's premature to allocate the funds now _ the experiment still hasn't been confirmed, and even if it is, commercial application remains uncertain.

Former independent gubernatorial candidate Merrill Cook warned of the same thing, addressing lawmakers and asking them not to act now.

But by far most lawmakers agreed with Bangerter when he quoted from religious scriptures warning: "hesitation may mean you are damned . . . and I don't want to be damned."

Politically minded legislative leaders want citizens to know spending the $5 million in no way jeopardizes a possible $19 million tax cut later this year _ one recommended by Bangerter. Also, the $5 million doesn't touch the state's Rainy Day fund, a reserve account now containing about $25 million. The $5 million comes from anticipated surpluses both this year and next, fiscal analysts said.

However, state budgeters did have to do some fancy footwork. Because of a spending limitation law passed last session, lawmakers had to allocate $2 million from this year's budget and $3 million from next year's budget so as not violate the new law.

As originally written, the bill setting up the fusion council made it a secret organization, completely exempt from the state's Open Meetings Law. The bill was changed, however, after the Society of Professional Journalists objected. The council does fall under the Open Meetings Law, but an exemption was added that allows council members to close meetings if technological information is discussed. That should protect the U. and state from leaks that could jeopardize patents on important devices. If such leaks still occur, those responsible face jail terms and fines.

Those patents and accompanying legal work will cost $500,000 - $25,000 a month - according to Attorney General Paul Van Dam. The half a million dollars was provided in the $5 million funding. Patents have already been filed in the U.S. Patents Office. Patents in other countries must be filed within a year.

Bangerter and Peterson admit the $5 million figure is just a guess. Peterson and Board of Regents members originally suggested $2 million to $3 million be spent on initial fusion research. Bangerter increased that to $5 million. Rep. Frank Knowlton, R-Layton, tried to reduce the spending back to $3 million but was soundly voted down.

"I think it will be very likely they (the new fusion council) will be back asking for more money," said Sen. K.S. Cornaby, R-Salt Lake. That may be so, U. officials said, but many times more cash will flow to the research project from private companies should Pons' experiment work out.

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Specifications of bill

-Allocates $5 million to fusion research at the University of Utah.

-Prohibits expenditure of funds until the cold nuclear fusion experiment is confirmed.

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-Establishes a nine-member advisory council that will allocate state money to develop fusion/energy technology and research.

-Establishes an oversight legislative committee, which will participate in discussions of the advisory council but can't veto its actions.

-Allows Fusion Council members to hold closed meetings to preserve the confidentiality of fusion/energy technology. Makes it a Class A misdemeanor to divulge information from those closed meetings.

-Mandates that the council establish a deadline for scientific confirmation of fusion/energy experiments. If confirmation is not obtained by deadline, unexpended money will lapse into state's general fund.

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