State confident of victory in nuke waste war

Friday, Feb. 7, 2003 | 11:10 a.m.

CARSON CITY -- The head of Nevada's nuclear waste office said state attorneys are confident that the courts will throw out the federal decisions to choose Yucca Mountain as a site for the burial of radioactive waste.

Robert Loux, administrator of the Office of Nuclear Projects, said arguments are set for September in the U.S. Court of Appeals in Washington, D.C., and a decision from the three-judge panel is expected four to five four months after that.

"I feel confident the secretary's and president's approval will be thrown out and sent back to the Energy Department," he told the Assembly Ways and Means Committee today. He was referring to Energy Secretary Spencer Abraham and President Bush.

Loux appeared before the committee to talk about his $4 million-a-year budget. He said the Nevada Protection Fund, which includes donations by Nevadans, stands at $1.9 million.

That was used for a publicity campaign when Congress was considering overriding the veto of Gov. Kenny Guinn. And it is now being used to pay for the legal battle.

There are presently four suits pending.

He said the federal law requires the geology of the site provide protection to Nevadans and the water from the radiation. But he said the Department of Energy is relying 99 percent on the metal waste packages to shield the public and the water system.

The Energy Department, he said, has no experience whether these metal materials will last.

"This is a violation of law -- a violation of public policy," he said.

Loux said the Energy Department "has sort of identified" five possible rail routes in Nevada over which the nuclear waste would be transported.

He said one potential route would be from Apex through the north end of the valley to Yucca Mountain. The others two would start from Blue Diamond, one of which would go over the Spring Mountains.

Other routes would be from Carlin in Elko County and Caliente in Esmeralda County. The energy department has not yet acquired any property or performed any environmental impact statements, said Loux.

It would cost anywhere from $1 billion to several billion dollars to build these rail routes in Nevada, he said.

The site is being designed to hold 77,000 tons of nuclear waste. There are presently 48,000 metric tons being stored at power plants across the nation. And that is building up at 2,000 tons per year, Loux said.