Congress formally designated Yucca Mountain as the nation's sole repository site for deep geologic disposal of high-level radioactive waste and spent fuel in 2002. In June 2008, the DOE submitted to the NRC its license application to build the repository, having already spent about $9 billion on the project. But the Administration slashed funding for the project in 2009, prompting Energy Secretary Steven Chu to request the withdrawal of the DOE's license application in March 2010.
In June 2010, a three-judge panel at the NRC's Atomic Safety and Licensing Board (ASLB) unanimously ruled the DOE's withdrawal of the license application "with prejudice" was illegal because it superseded the DOE's authority under NWPA of 1982. Subsequently, the Commission acted to review the ASLB decision but delayed any final decision.
(Lawsuit #1 - Petitioners v. DOE)
The D.C. Circuit Court in July 2011, meanwhile, rejected a lawsuit by Aiken County, South Carolina; National Association of Regulatory Utility Commissioners (NARUC); Nye County, Nevada; South Carolina and Washington state; and three Washington state residents (i.e. Petitioners) that alleged the DOE's decision to "irrevocably terminate the Yucca Mountain project in favor of an unknown and yet-to-be identified alternative" violated not just NWPA but also the National Environmental Policy Act and the Administrative Procedures Act. However, the Court in a strongly worded opinion admonished the NRC for its failure to act to decide on the license application and stated that it had a duty to complete action and the time was at hand for the NRC to render a final agency action.
The court ruled that the Petitioners' suit was premature because the commissioners at the NRC had not taken action on the ASLB's decision. In this case, the court determined that because the NRC has not acted on the Department's request, the court had nothing to review. Instead, it noted that the NWPA allows the agency three years to review the 2008 Yucca application.
The NRC split 2-2 in September 2011, in effect upholding the ASLB's decision. In a written decision, however, the NRC directed its licensing board to close out work on the project by Sept. 30, citing funding constraints.
(Lawsuit #2 - Petitioners v. NRC)
Therefore, the three years allowed under NWPA have expired and this prompted the same Petitioners to seek a writ of mandamus against the NRC, seeking to compel the federal agency to issue a decision in its review of the ASLB's order. A three-judge panel for the D.C. Circuit heard oral arguments on the matter May 2, 2012, before a full courtroom in Washington, D.C.
The question before the court is whether NRC must continue to work on the Energy Department's Yucca application even though the Administration has said it wants to abandon the project and Congress has not appropriated funds. A major sticking point for the three-judge panel appeared to be the fact that the agency still has $10.4 million to spend on the project.
The three judges on the panel do not seem to see an easy way to resolve the problem. On the one hand, at least one panel member doesn't want to give the green light for agencies to flout congressional mandates just based on what the agency's prediction of Congress's approval of future funding, but on the other hand, there appeared to be a recognition that even if the court does order action, there is only so much NRC can do without a continuing source of funds.
The three-judge panel invited the Justice Department-which was not present at the hearing-to submit an opinion about whether the court should issue a writ of mandamus in the case. The U.S. Court of Appeals for the District of Columbia Circuit could rule within the next few months on this case.
(Lawsuit #3 - NARUC v. DOE)
On March 7, 2011, the national body of state utility commissioners went to court to sue the federal government for not suspending collection of a fee set up to bankroll a spent fuel disposal program that no longer exists. In the lawsuit, NARUC et al are seeking the suspension of Nuclear Waste Fund fees until plans for a newly proposed national nuclear spent fuel repository (i.e. Yucca Mountain) are announced.
Oral arguments on this case were heard on April 20, 2012. The federal appeals court raised serious questions about whether the Department of Energy should continue to collect fees for its nuclear waste fund despite the fact that there is still no national repository in place. During the arguments, two of the three judges seemed sympathetic to the petitioners, although it seems most likely that the court would remand the case to DOE in the first instance before potentially taking the more dramatic step of terminating the fees altogether. The court decision is pending.
(Lawsuit #4 - New York et al v. DOE)
In September of 2011, the State of New York and several other petitioners filed a lawsuit challenging the 2010 Waste Confidence rule by NRC and its related consideration of environmental impacts. That case (Case No. 11-1045) is currently under consideration and oral argument has been held before the U.S. Court of Appeals for the District Of Columbia Circuit. These groups argue that NRC ought to have prepared an environmental impact statement analyzing waste confidence, and also maintain that NRC lacked sufficient record support for its finding that spent-fuel storage onsite for at least 60 years can be accomplished in a safe and environmentally acceptable manner. In addition, petitioners challenge the Rule's expression of confidence that a permanent repository (i.e. Yucca Mountain) will be available when necessary.
The Departme
Congressman Doc Hastings from Washington State is the founder and Chairman of the House Nuclear Cleanup Caucus - a group of lawmakers who represent communities with nuclear waste sites across the nation. The Caucus is banded together to advocate for safe, timely and efficient nuclear waste cleanup. Each year, the Caucus schedules annual briefing series on the Department of Energy's nuclear cleanup program. Each briefing focuses on a specific DOE site with presentations conducted by local site managers and contractors.
The CSRA Leadership made its annual spring trip to Washington, D.C. just last week. The annual trip to Washington is a collaborative effort between the Augusta, North Augusta, Aiken, and Columbia County Chambers of Commerce. This trip allows approximately forty regional leaders to make the trek to our nation's capital for two days of visits to have their collective voice heard. During the trip, the CSRA leaders meet with Senators and Congressmen and staffers from both South Carolina and Georgia. In addition, trips are made to government agencies with a community presence and impact such as the Department of Energy and the Pentagon.
