Hearing scheduled on DOE requests for Yucca water

Monday, July 14, 2003 | 11:16 a.m.

CARSON CITY -- The state engineer's office has set August hearings on the Energy Department's application to draw water to build and run the proposed high-level nuclear waste dump at Yucca Mountain.

The office also denied a proposal by the Nevada Nuclear Waste Project Office to introduce evidence that the casks of nuclear waste may leak and contaminate underground water.

Susan Joseph-Taylor, chief hearing officer for the engineer's office, said Friday it is sticking by a previous ruling that "evidence as to whether the stored casks will leak is not relevant to the use of the water."

"If the Nuclear Waste Project Office can show that the pumping or actual use of water has the potential to degrade the water quality, such evidence would be relevant and can be presented," Joseph-Taylor said.

The engineer's office has set Aug. 20-22 to hold the public hearings in Carson City. Both sides must file pre-hearing briefs by Aug. 13.

Bob Loux, director of the nuclear office, said it may ask the engineer's office to reconsider its opinion on the casks. He said the engineer's office may have misunderstood request.

He said the DOE's own plan shows there will be radioactivity leaked into the aquifer as the casks start to leak.

"They (DOE) know they (the casks) are not going to last," he said.

The DOE expects some leakage into the aquifer but says it will be naturally diluted to the point that it will comply with radiation standards, Loux said.

The government wants to pump 430 acre-feet of water from the Fortymile Canyon-Jackass Flat Groundwater Basin in Nye County each year.

The state issued temporary permits in 1992 and 1994.

Former state Engineer Mike Turnipseed denied a permanent permit on grounds that the Legislature had determined that Yucca Mountain was not in the public interest and it was unlawful for the storage of nuclear waste in Nevada.

But the 9th U.S. Circuit Court of Appeals reversed the ruling and further hearings were ordered.

Current state Engineer Hugh Ricci refused to extend the temporary permits to draw water at Yucca Mountain. He said the government had completed its studies and the temporary exploration was completed.

The two sides later reached a temporary agreement allowing the government to pump water from the J-13 well until its potable water tanks are filled to their capacity of 290,000 gallons. That includes 140,000 gallons in reserve for fire and emergency use.

The Energy Department will be allowed to pump water to fill the tanks when they decline to a level of 165,000 gallons.

Meanwhile arguments will be held in October on the suits in the U.S. Circuit Court of Appeals in Washington on the state's effort to stop Yucca Mountain from being a repository.