The House Appropriations Committee on Tuesday approved its $37.4 billion energy and water spending bill for fiscal 2017, which denies the Department of Energy any funding for its consent-based siting effort for nuclear waste storage.
The spending bill also called for the resumption of licensing a national repository planned at Yucca Mountain in Nevada, according to the bill report released Monday. The legislation proposes $150 million to carry out the Nuclear Waste Policy Act of 1982, which designated Yucca Mountain as the only site for a national repository, and $20 million for the Nuclear Regulatory Commission to complete licensing procedures for the facility. Funding would come from the $34 billion Nuclear Waste Fund. The budget year begins Oct. 1.
The Obama administration canceled the Yucca Mountain project in favor of a “phased, adaptive” process for siting spent nuclear fuel and high-level radioactive waste in welcoming areas. DOE earlier this year requested $76.3 million for its integrated waste management system (IWMS) program, which would lay the foundation for the department’s consent-based siting effort. That plan envisions operation of a pilot storage facility by 2021; one or more larger, interim facilities by 2025; and at least one permanent geologic repository by 2048. The IWMS dictates transportation, storage, and disposal of American spent nuclear fuel and high-level radioactive waste.
“Yucca remains the law of the land yet the Department has requested no funding for its development,” the House bill report states. “Instead, the Department has again proposed large increases for new activities that ignore the significant investments made to ensure that the plans for Yucca enable safe and reliable storage for high-level waste and spent nuclear fuel. The Committee rejects this approach and provides no funds for integrated waste management system activities.”
The House bill report calls on DOE to respond to the NRC review during the license process, and “to otherwise fully support the Yucca Mountain licensing process.” It also includes language that prevents NRC Chairman Stephen Burns from terminating any program, project, or activity without the approval of a majority of NRC commissioners.
“The federal government has a legal obligation to take responsibility for civilian spent nuclear fuel and these actions to delay progress toward Yucca Mountain increase the financial penalties taxpayers will ultimately bear,” the bill report reads.
Conversely, the Senate’s $37.5 billion version of the bill, also released last week, recommended $61 million for integrated waste management, while denying any new funds for Yucca Mountain activities. The Senate Appropriations Committee signed off on the legislation last week. After considering a series of floor amendments this week, the full Senate will look to finish its bill early next week. The most controversial amendment vote was Sen. John Hoeven’s (R-N.D.) proposal to block funds for the Environmental Protection Agency’s Clean Water Rule, which drew a veto threat from President Barack Obama. The EPA and U.S. Army, which co-wrote the legislation, contend the rule will protect American streams and wetlands, as well as drinking water for 100 million people, while opponents call it a regulatory overreach that threatens farmers. The amendment ultimately failed in a 56-42 vote, or four votes short of the 60 needed for adoption.
Shimkus to NRC: Why No Yucca Funding?
House Energy and Commerce environment subcommittee Chairman John Shimkus (R-Ill.) laid into Burns on Wednesday, demanding to know why his agency did not request any funding in fiscal 2017 for Yucca Mountain licensing activities.
“I would be remiss if I didn’t express my dissatisfaction that once more the commission failed to include funding to continue consideration of Yucca Mountain’s license application,” Shimkus said during an NRC budget hearing.
In describing Yucca Mountain as an unworkable project, DOE has declined to defend the license application before NRC. On Wednesday, during a subcommittee hearing on the NRC budget, Shimkus cited a recent hearing in which Senate Appropriations Energy and Water Development Subcommittee Chairman Lamar Alexander (R-Tenn.) also questioned Burns on the absence of Yucca funding. Burns responded then that it’s the president’s budget request.
“Here’s the question: How does your legal standing as an independent safety regulator comport with your comment that it’s the president’s budget?” Shimkus asked Burns.
Burns responded that NRC is the regulator, and it ultimately must make a decision on any application before it.
“The difficulty that we’re in is that we don’t have an applicant that’s sponsoring its application in front of us,” Burns said. “We have done the work that we can do.”
Shimkus said Burns failed to answer the question and that the agency has an obligation to carry out the terms of the Nuclear Waste Policy Act.
“Yet you don’t request the dollars,” Shimkus said. “It’s not the president’s budget. It’s your budget. You’re independent of the executive branch, so that’s the issue I want to raise. I’m tired of agencies not following the law, especially when they’re independent.”
NRC would receive roughly $936 million in funding under the House bill for 2017. Because the agency recovers about 90 percent of its budget from license fees, the net House appropriation is about $149 million. The Senate recommended about $940 million, with a $116 million net appropriation. Meanwhile, the Senate bill calls for $939 million in NRC funding, and a net appropriation of $116.8 million.
