May 17, 2015

Yucca Mountain Is the Law, House Lawmakers and Industry Officials Say

By ExchangeMonitor

House lawmakers and industry representatives agreed late last week that the Department of Energy is bound by the law to pursue Yucca Mountain as the nation’s repository for spent fuel, speaking during a hearing in front of the House Environment and the Economy Subcommittee. Rep. John Shimkus (R-Ill.), one of the most vocal pro-Yucca advocates in Congress, voiced his frustration at a lack of movement on the project from the federal government, and pointed to the federal government’s “obligation” as outlined in the Nuclear Waste Policy Act. “We in the Federal Government have an obligation to uphold the law to dispose of commercial spent nuclear fuel, as well as honor the commitment made to States who host sites to support our nuclear defense activities, including South Carolina, Idaho and Washington State,” Shimkus said in his opening statement. “Congress needs a willing partner to host a nuclear disposal facility, as we currently have with the sites that contributed to the Manhattan Project.” The Obama Administration shuttered the Yucca Mountain project in 2010 after deeming the site “unworkable” due to a lack of consent from the state of Nevada.

The panel appearing before the subcommittee echoed Shimkus’ views. Andrew Fitz, Senior Counsel in the Office of the Attorney General for the state of Washington, said that by not completing the Nuclear Regulatory Commission license review, the government would lose the confidence needed to complete any repository in the future. “I understand there are those who think that Yucca Mountain is technically unsuitable,” Fitz said. “But the law provides an opportunity to prove that case in the pending NRC hearing. I also understand there are those who think that following the current scheme of the NWPA is unwise. But the method for pursuing that disagreement should be through changing the law, not disregarding it. Ultimately, given the multi-decade, multigenerational task of developing a nuclear waste repository, we will never have a repository—at Yucca Mountain or elsewhere—if the legal process for siting and licensing a repository is disregarded, now or by those who follow us.” The state of Washington was part of the lawsuit that ultimately required the NRC to restart the Yucca license review.

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