Energy Department won’t wait for key Yucca issues to be resolved

Suzanne Struglinski

Thursday, Aug. 12, 2004 | 9:24 a.m.

WASHINGTON -- The Energy Department will answer all 293 remaining scientific issues for the Yucca Mountain project by the end of the month, but will not wait for the Nuclear Regulatory Commission to deem them "closed" before submitting the project's license application.

The department believes its actions fulfill its part of the bargain established in September 2001 when the agencies agreed there were 293 "key technical issues" or KTIs, that needed to be resolved on the nuclear waste storage project. Nevada officials say the department is walking away from its commitment.

The department has submitted 264 of the 293 KTIs, but the commission has only deemed 105 complete, according to Joseph Ziegler, director of the Office of License and Application Strategy.

Ziegler told the commission that it does not intend to directly respond to any requests for additional information by the commission's staff on the remaining issues.

"DOE (Energy Department) expects that any questions or concerns of the NRC will be addressed within the context of the licensing process," Ziegler wrote in a July 23 letter to the commission. "If the NRC staff has any remaining questions or concerns, DOE will evaluate those concerns or concerns and determine an appropriate way to address the NRC staff's issue."

When the NRC determines the issue is "complete," it means there is enough information available to go through and see how the department reached its answer. It does not mean that department it right or wrong on a topic.

"This is the latest example of the Energy Department's arrogant approach in ignoring the law when it conflicts with the desire to bury nuclear waste in Nevada," said Rep. Shelley Berkley, D-Nev. "They need to answer these questions now, not after the fact."

Bob Loux, executive director of the state's Agency for Nuclear Projects sent a letter to the commission Monday pointing to the commission's own policy that said the KTIs would be complete before any license application would be accepted.

Former NRC Chairman Richard Meserve issued a letter in November 2001, which Nevada believes says all the KTIs must be completed before the department can submit its license application.

"In view of DOE disingenuously walking away from its long-standing commitment, and assuming the role of the licensee dictating terms to its licensing authority, NRC's silent acquiescence to DOE's conduct would be in conflict with the intent of its sufficiency letter," Loux wrote.

Rod McCullum, senior project manager for waste at the Nuclear Energy Institute, said the whole point of the KTI process was to get the department and the commission ready for the licensing process. He said he expects the commission to ask the department for more information on the license application anyway so this way everything can be done at once.

McCullum said comments made by the commission staff during several meetings have led him to believe it accepts this approach.

Critics of the program are still not convinced.

"This continues to demonstrate that the DOE is not interested in defending their theoretical 'sound science' record," said Rep. Jon Porter, R-Nev. "It's quite obvious because they don't have one. If the DOE did, wouldn't they happily make sure these key technical questions are answered in its entirety?"