March 17, 2014

COURT FILING CALLS FOR NRC TO RESUME YUCCA LICENSING WITHIN 30 DAYS

By ExchangeMonitor

Challengers to the Nuclear Regulatory Commission’s close out of the Yucca Mountain licensing process are calling for the court to compel the agency to start up its review of the repository within 30 days of a court order. The legal brief came after the U.S. Circuit Court of Appeals for the D.C. Circuit released an expedited schedule last month in a petition to force the NRC to act. The Nuclear Waste Policy Act requires the NRC to release its findings on the repository within three years of the application’s submission, a deadline that passed earlier this year. However, the agency closed out its review of the Department of Energy’s Yucca Mountain license application this fall before releasing any regulatory conclusions, citing budgetary concerns. Petitioners argue that “it is unreasonable for the NRC to spend available money to shut down a project the law requires it to complete, and then claim that it may stop complying with the law because it might not get enough money from Congress to pursue the project in the future.” 

The petitioners, which include the National Association of Regulatory Utility Commissioners and Nye County, Nev., home to the Yucca Mountain site, the states of South Carolina and Washington and Aiken County, S.C., are calling for a resumption of the licensing process within 30 days and findings by the agency within 14 months. “There is no reasonable basis for the NRC to have delayed (and stopped) considering the license application, and to have refused to approve or disapprove it. The law sets forth a clear and unmistakable duty, along with a three-year deadline, for both of these actions. It is irrational for the NRC to suggest that it need not fulfill these obligations because it believes the applicant—DOE—does not plan to pursue the application,” yesterday’s filing states. The brief for respondents is due Jan. 11.

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NEW: Via public records request, I’ve been able to confirm reporting today that a warrant has been issued for DOE deputy asst. secretary of spent fuel and waste disposition Sam Brinton for another luggage theft, this time at Las Vegas’s Harry Reid airport. (cc: @EMPublications)

DOE spent fuel lead Brinton accused of second luggage theft.



by @BenjaminSWeiss, confirming today's reports with warrant from Las Vegas Metro PD.

Waste has been Emplaced! 🚮

We have finally begun emplacing defense-related transuranic (TRU) waste in Panel 8 of #WIPP.

Read more about the waste emplacement here: https://wipp.energy.gov/wipp_news_20221123-2.asp

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