The group appealing the Nuclear Regulatory Commission Chairman Allison Macfarlane’s denial of a recusal motion is seeking an injunction concerning her participation in Yucca Mountain decisions in exchange for a time extension to respond to the appeal. The NRC had originally filed a motion for a time extension earlier this week, but a filing from the group consisting of Nye County, Nev., the state of South Carolina, and Aiken County, S.C. feared that Macfarlane would use the time to develop a strategy from the comments received from the NRC Order asking for input into how to best re-start the licensing process, which ended earlier this week. The filing states, “Recusal Petitioners simply seek to prevent Chairman Macfarlane from influencing in any way the Commission’s decision-making during this time, and NRC’s assertion that the culmination of the decision-making process will take “weeks, not days” is therefore not relevant.” The NRC responded later in the day with frustrations over what they deemed a “modest” extension and an unwarranted fear of Macfarlane. “Petitioners appear to argue that the Chairman is all-powerful, all-controlling, and can over-rule the other three Commissioners on any and every issue that might arise – even administrative matters not part of the adjudicatory process,” the NRC filing said. “These assertions not only overstate the Chairman’s authority but denigrate the other Commissioners as well.” The original deadline for response is Oct. 4, but the NRC is seeking to extend the deadline until Oct. 9.
The issue at the center of the appeal is the Chairman’s participation in decisions concerning Yucca Mountain. The filing parties previously filed the motion for her recusal citing her previous academic work as biased against Yucca Mountain, but Macfarlane concluded her previous involvement would not affect the current review of the project. “I can state without hesitation that I have not prejudged the technical, policy, or legal issues in this adjudicatory proceeding, and that my expertise will enhance the Commission’s deliberations and decision-making,” Macfarlane said in her decision. “In fact, I have not looked at the DOE’s license application, the NRC’s staff’s safety or environmental reviews, or considered how to apply the law or NRC regulations to determine the adequacy of the application. And I have not made up my mind on any of the issues raised by the application.”
