State keeps close watch on Yucca data

Suzanne Struglinski

Tuesday, June 15, 2004 | 9:34 a.m.

WASHINGTON -- Nevada will be closely watching how the Nuclear Regulatory Commission handles the Energy Department's posting of documentation -- or lack thereof -- into the Yucca Mountain project's database.

Under federal law, the department must turn in all relevant documents on the nuclear waste storage project six months before it turns in the license application to the commission. The department aims to get the application in by Dec. 23, making June 23 the cut-off for the six-month requirement.

"DOE (the Energy Department) still thinks it can get away with a piecemeal effort," wrote Bob Loux, executive director of the state's Agency for Nuclear Projects in a letter to commission Chairman Nils Diaz.

"Your upcoming decision on the adequacy of DOE's June 23 document submission will be a commanding indicator, to DOE, to other hearing participants, and to outside observers, on whether this is to be a fair hearing," Loux wrote.

Nevada asked the commission earlier this month for the appointment of a pre-license application presiding officer as soon as possible rather than two weeks after the department submits documents to the databse, as outlined in the commission's regulations. Loux said he received a letter from the commission saying that it would appoint the presiding officer as required by law, but not sooner.

The state is concerned about a 24-million-page discrepancy between the department's estimates in February and then in May regarding how much documentation it plans to submit.

"It is essential for the integrity of the Yucca Mountain hearing that NRC makes clear from the outset that it will enforce its rules, and that it will do so even if that means delaying the licensing process," Loux said. "If, out of fear of being blamed for delay, the Commission eases the DOE document requirements at this first formal stage of the Yucca Mountain proceeding on June 23, you will encourage DOE in its view that is can bully its way through the licensing proceeding."

Energy Department officials have repeatedly said they will meet the June 23 deadline and the December deadline with a a high-quality license application. The department still plans to open the site in 2010 if Congress fully funds the project.