Friday, April 9, 2004 | 9:49 a.m.
CARSON CITY -- The Legislative Interim Finance Committee on Thursday released $2 million for the state to continue its legal battle to stop Yucca Mountain, the site of a proposed high-level nuclear waste repository.
But the money was not approved without some concern.
Assemblyman Morse Arberry, D-Las Vegas, the chairman of the committee, said he doesn't want to see the radioactive waste being shipped to Nevada, but questioned whether the state should have a backup plan to get compensation.
Arberry said the federal government has unlimited amounts of money to continue the battle to get Yucca Mountain approved. "I don't want it (the dump) but they could ramrod us in the end. I hope we could then get large compensation."
Bob Loux, executive director of the state Office of Nuclear Projects, said the federal government has not put any money on the table. He added the fight was far from other.
Loux and Senior Deputy Attorney General Marta Adams said they were optimistic that the state would win one of its four lawsuits before the U.S. Court of Appeals in Washington, D.C.
Loux told the committee that, if the Energy Department loses the case, it "would likely be fatal to the project (Yucca Mountain)."
Such a loss, Adams said, would be a "setback they (Energy Department) would be unable to recover from."
Outside the meeting Loux and Adams said there was a good chance the appeals court would rule in favor of the state in its challenges to the radiation standards set by the U.S. Environmental Protection Agency, which says the federal radiation standards are not strict enough. Members of the appeals court focused their questions on that issue when the case was argued last month, they said.
Meanwhile, Loux said the Energy Department is expected to file its application late this year with the Nuclear Regulatory Commission for a license to go forward with the project.
He said he is asking for $10 million to $15 million in federal support to put on the state's case before the regulatory commission during a hearing that could take 4 to 5 years.
Loux, in reply to a question from Senate Majority Leader Bill Raggio, R-Reno, said the state office is in compliance with all federal and state laws. The office several years ago was criticized by a federal audit as not following all of the federal requirements.
In other action the finance committee also:
Deputy Forester Pete Anderson told the committee, "Our firefighting capabilities are cut in half." The federal government determined these old Carpenter vehicles were not safe and were subject to rollovers.
The average age of these vehicles is 29 years with 100,000 to 200,000 miles on each. The money will buy 49 new vehicles.
The 2003 Legislature ordered local governments to provide a subsidy, much as the state does, to help those on a pension pay for their health coverage.
Assemblywoman Chris Giunchigliani, D-Las Vegas, urged the committee to approve the money from an emergency fund, saying there was an obligation to follow the law. "We passed a law. The money is in the contingency fund. It will provide some relief."
Raggio said this was not a one-time expenditure. The districts will need $4 million next year to cover this cost. He added the cost will be built into the state formula for support of schools.
Raggio suggested there may be a compromise where the state does not have to pay the full 100 percent of the subsidy.
Motions to approve the allocation failed and the issue will be considered again June 11.
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