DOE says Yucca Mountain repository 'not an option'

www.thenewstribune.com
05/16/10

The Department of Energy is moving quickly to shut down the proposed Yucca Mountain nuclear repository to the concern of Reps. Doc Hastings, R-Wash, and Jay Inslee, D-Wash.

On May 3, the US Court of Appeals for the District of Columbia denied the state of Washington's request that DOE be prohibited from continuing shut down activities at Yucca Mountain while the Obama administration's authority to abandon the project is being challenged. The court found that the state had not shown irreparable harm would occur during the court's expedited review.

DOE responded last week by notifying its contractor USA Repository Services that effective May 24 it should perform only work needed to shut down the repository or for activities such as administering pension benefits. "The administration has determined that Yucca Mountain is not a workable option for a long-term repository for spent nuclear fuel and high-level waste," said the DOE letter to USA Repository Services. "Moreover, it has not sought funding in the 2011 budget sufficient to proceed with the project."

Among waste that was expected to be sent to Yucca Mountain was Hanford's irradiated nuclear fuel and high-level radioactive waste treated for disposal at Hanford's vitrification plant starting in 2019. In addition used nuclear power fuel, including at the Columbia Generating Station near Richland, was planned to be sent to the repository. "The arrogance of this administration's decision to ignore the law, sidestep Congress and brush aside a court decision in an apparent attempt to protect one senator in deep political trouble is truly astonishing," Hastings said in a statement.

Hastings has argued that because Congress designated Yucca Mountain as the location of the nation's high level waste repository, President Obama lacks the authority to terminate the project. During the presidential campaign Obama sided with Sen. Harry Reid, D-Nev., in opposition to opening Yucca Mountain. Senate Majority Leader Reid now is facing a tough re-election campaign.

Hastings and Inslee Friday requested a hearing before the House Energy and Commerce Committee on DOE's actions. "From reprogramming of funds to beginning the process of contract termination and document shredding, the Department of Energy is moving forward as quickly as possible," said the congressmen's letter to committee Chairman Henry Waxman and ranking member Joe Barton.

DOE has moved to not only withdraw its license application for Yucca Mountain is pending before the Nuclear Regulatory Commission, but also to withdraw it in a way that would prevent it from ever being refiled. Inslee, supported by representatives who included Hastings, introduced a resolution in March opposing the withdrawal of the application. "We believe a hearing on this legislation or on the issue in general would enable Congress to obtain some clarity on the Department of Energy's actions regarding Yucca Mountain and the Blue Ribbon Commission," Hastings and Inslee said in the letter.

Obama has ordered a Blue Ribbon Commission established to look at alternatives for waste and used fuel that was expected to go to Yucca Mountain, but the commission is prohibited from considering Yucca Mountain as an option. The minimum that the Obama administration owes Hanford and all taxpayers is to refrain from additional termination activities until the Appeals Court rules in September, Hastings said. He objected to DOE citing the administration's 2011 budget proposal as a reason to tell its contractor to proceed with shutdown activities.

The budget proposal "has not been considered by Congress and is not the law of the land," he said. "A congressional budget resolution is one of the tools available to Congress to fight back against this proposal." There have been suggestions by Democrat leaders that Congress may not write a federal budget this year, but Hastings said Congress should meet its core responsibility to write a budget.