Vol. 3, No. 20
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August 15, 2006
Nevada's Online State News Journal
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Repercussions Continue Following DOE Yucca Mountain Proposals
"Arbitrary And Capricious" Are Terms Being Used In Washington
by Johnny Gunn
Senate hearings on the Yucca Mountain nuclear waste repository continue with the Department of Energy (DOE) saying that with their timetable for opening just 11 years away, it is imperative that Congress gives them everything they ask for or it will be Congress's fault that the timeline isn't met. Unlimited money, DOE Yucca boss Ward Sproat says is part of the key along with relieving DOE of most safety requirement, and overlooking some of the fraudulent practices allegedly promulgated by some USGS scientists in order to make the project look good. The best defense is often an excellent offense, and putting the blame for failure on another works as well.
Some of the problems that Sproat feels will keep the DOE from its timetable include basic safety procedures during transportation and changing the way the federal government works with states. DOE feels they should be able to simply take water from Nevada watersheds without following state procedures for acquiring water rights. In a statement to the Committee on Energy and Natural Resources, Bob Loux, Executive Director of the Nevada Agency for Nuclear Projects said, "You have a bill before you that attempts, like a cowcatcher on a locomotive, to anticipate and sweep aside every potential health and safety obstacle that could upset the relentless drive to begin receiving highly radioactive waste and spent nuclear fuel at Yucca Mountain." Loux continued, "Removal of potential health and safety obstacles to expedite licensing and operation of a Yucca Mountain repository does nothing to advance the primary safety finding of the Nuclear Waste Policy Act."
The committee is chaired by New Mexico Senator Pete Domenici (R) who has been a strong supporter of the Yucca project in the past, but more recently has found fault with DOE and its plans. Domenici has also been a supporter of reprocessing of the spent fuel into a renewable fuel for the energy plants across the country. He said on August 3 that he was considering a much less broad bill than the one DOE is promoting. He pointed out, as did many others that there was no margin for delay in the timetable established by Sproat.
The president included a minimal amount of money to research the concept of reprocessing the spent fuel. In the past that has not been on the table for the U.S. nuclear energy plants because of security fears. In Europe's many large nuclear power plants, the concept of reprocessing has been researched in depth, even used in some areas. The problem according to nuclear scientists is that when the nuclear waste is reprocessed the residue becomes the nucleus for atomic weapons and the fear of that enriched plutonium falling into the hands of terrorists or rogue nations is what has kept the process from becoming a natural part of nuclear energy production in this country.
Court alone could delay the Yucca Mountain project for years according to some at the hearing. Fights over Nevada water rights, over EPA standards that are already under court surveillance, and arguments over safety decisions dealing with casks, rail lines, geologic failures, and water mitigation in the tunnels will take years to solve. At least one court case has been resolved at an appeals hearing dealing with rail transport of the spent nuclear waste.
On appeal, a three-judge panel of the District of Columbia Appeals Court found in favor of DOE's plans to bring 77,000 tons of spent fuel to Yucca by way of the nation's railways. The State of Nevada lost that case along with arguments against the 319-mile rail line proposed to run from Caliente to Yucca. The court said, "We do not think that the inadequacies to which Nevada points make the EIS inadequate ... Therefore the DOE's selection of the Caliente Corridor was not arbitrary or capricious." (EIS is environmental impact statement) No decision has been made on whether to ask for a rehearing on the matter.
In a letter dated August 8, Bob Loux, head of the state's campaign against Yucca Mountain criticizes a draft environmental assessment offered by DOE in its attempt to get the project licensed. Loux says the statement attempts to cite "safety and health of workers, regulators, and visitors" at the Yucca site in proposed infrastructure improvements, but "It contains no supporting information demonstrating the relationship between the proposed action and improved health and safety conditions."
One pro Yucca voice was heard dismissing Nevada's arguments by Loux, questioning his credibility with the committee. Idaho Senator Larry Craig said that Loux's entire purpose in testifying before the committee was to kill the Yucca Mountain project. No one disagreed with the Senator, and Nevada Governor Kenny Guinn said it was Loux's job to advocate for Nevada before Congress.
Nevada Senators Harry Reid (D) and John Ensign (R) joined Loux in condemning the current congressional proposal. Reid said DOE is looking to take over part of the Nevada Test Site, and take control of land currently under the auspices of the U.S. Air Force, which in the past has rarely given up air space in the region of Nevada. The Air Force said it is looking at the proposal. Reid said the DOE plan signals desperation. He said if questions of safety were answered, if questions of the program being scientifically sound didn't exist, Yucca Mountain would have been opened years ago.
In another development, Nevada Congressman Jon Porter (R) is calling for another audit of the Yucca Mountain project by the Government Accountability Office (GAO). A recent audit turned up deficiencies in DOE practices, and Porter feels there is a lot more to be learned by a new audit. In particular, Porter pointed out the DOE shortcomings outlined by the GAO and said DOE's deadline for licensing may not be realistic based on the GAO findings.
Porter said the Yucca Mountain project is eating up $57.6 billion based on projected costs from 2001. Those costs have been increased since then and will continue to increase through the DOE proclaimed opening in 2017.
It was Porter's house subcommittee that discovered the allegedly fraudulent e-mails that claimed there were two sets of books for quality assurance at Yucca Mountain. One correct set for in-house observers and one doctored set for public scrutiny. He has been demanding, even using congressional subpoenas to gain access to more of DOE's in house correspondence and memos.
In all there is well over 70,000 tons of high level nuclear waste sitting on the ground at more than 120 locations across the country. Some of the waste according to DOE is weapons grade plutonium possibly from the U.S. nuclear arsenal, but most is from the nuclear powered generating plants in the country. To see a map of exactly where this waste is located, go to http://www.ocrwm.doe.gov/info_library/newsroom/photos/photos_natlmap.shtml
The rail system discussed in federal court included the current rail systems in use by commercial traffic around the country and the proposed 319-mile line DOE has said it wants to build entirely within the state of Nevada. As can be seen from the DOE map of nuclear sites, waste would have to travel through almost every state in the country in order to get to Nevada. Safety standards have not been adequately investigated according to many in the field.
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