While this week’s court decision forcing the Nuclear Regulatory Commission to complete the Yucca Mountain licensing process was hailed by industry groups and Yucca supporters, so far the NRC and DOE have given no indication on their path forward. On Tuesday the court granted 2 to 1 a mandamus petition to complete the repository’s licensing process, finding that the NRC’s 2010 shutdown of those efforts was illegal. Both NRC Chairman Allison MacFarlane and DOE Secretary Ernest Moniz have said in Congressional testimony that they would finish licensing if directed by the court. But for now the NRC’s office of General Counsel is reviewing the ruling. “We will have no further statement at this time, but will be advising the Commission on its options for a path forward,” NRC General Counsel Margaret Doane said in a statement. DOE spokeswoman Niketa Kumar said, “While the Energy Department is not a party to this case, we are carefully reviewing the D.C. Circuit decision, and will respond appropriately to whatever steps the NRC takes in response to the decision.”
Petitioners including the States of South Carolina and Washington and the National Association of Regulatory Utility Commissioners filed the petition after the NRC’s shutdown, noting that the Nuclear Waste Policy Act required a decision from the NRC within three years of the application’s submission. But the question remains whether sufficient funding will be available to complete the review—The NRC has about $11 million in carryover funding available for the task but the Senate has consistently blocked efforts to fund the project.
In a joint statement, the industry groups the Nuclear Energy Institute and Nuclear Waste Strategy Coalition said, “The nuclear energy industry fully expects the NRC to take all necessary steps to immediately resume its independent scientific evaluation of the Yucca Mountain license application… Similarly, the Energy Department must renew its efforts on this project and fully support the licensing process.” They add, “we encourage Congress to provide appropriate funding in FY2014 and beyond to facilitate completion of the NRC’s independent safety review.”
