Report: Nevada making headway in Yucca fight

Suzanne Struglinski

Friday, Feb. 4, 2005 | 11:15 a.m.

WASHINGTON -- Nevada should not give up its fight against the proposed nuclear waste storage site at Yucca Mountain and should not negotiate for benefits for accepting spent fuel, the state's Commission on Nuclear Projects said in a report issued this week.

The seven-member commission concluded that last year's federal court fight and numerous other problems with the repository put the state in its best position ever to actually defeat the Energy Department's plan to store radioactive waste at Yucca, 90 miles northwest of Las Vegas, but it needs to keep up its opposition to follow through on its objections.

"The commission believes it is only a matter of time before Congress and even the nuclear industry recognize the futility of continuing to invest money and resources in a project that has no chance of succeeding and that has become a financial, technical, legal, and environmental black hole instead of a viable solution to the nuclear waste problem," Commission Chairman Brian McKay wrote in a 39-page report sent to Gov. Kenny Guinn and the state Legislature.

Last July a federal appeals court threw out a key radiation protection standard, throwing a wrench into the department's plan for the project. The department did not meet its December 2004 deadline to hand in a license application and many unanswered questions still remain on next steps.

The commission wrote the court ruling was a "major victory" for the state, but did not outright stop the project.

"While the proposed Southern Nevada high-level nuclear waste repository may be in the category of a 'dead man walking,' much remains to be done in the next two years to assure that the state does, in fact, prevail," the commission wrote.

It recommended the governor, Legislature and the congressional delegation continue to actively fight the project, particularly for the Washington lawmakers to watch out for attempts to change the budget or overturn the court case, and for the Legislature to continue to provide money for the cause.

"The commission believes the only thing that can save this failed and dangerous project is for the state to voluntarily give up the fight," according to the report. "That is something Nevada's leaders cannot do because the health and safety of Nevadans must not be for sale, at any price."

Some Nevadans feel the waste is coming here, regardless of the state's opposition, and want to start working with the Energy Department to get benefits after the site opens. A Nuclear Energy Institute poll conducted in June showed a large percentage still opposed the site but found 78 percent of those surveyed felt the state should start negotiating for benefits and 48 percent said the site was "inevitable."

A 16-member group that calls itself "For a Better Nevada" formed about a month ago and is ready to lobby state officials to make sure the state is getting everything it can from the project. Chris Barrett, a Carson City lobbyist who is coordinating the group, said the group wants Nevada-based businesses and attorneys getting contracts to work on things associated with the project.

The group does not lobby for or against the repository, but Barrett said with so many people feeling the site is inevitable, "maybe it's time to start having this discussion" and talk about benefits for the state.

He acknowledged the state's court victory but said it was only one of a handful of cases and millions of dollars in legal expenses.

"It that a good use of taxpayer dollars? The political leaders have to answer that, not our group," Barrett said.

The commission warned Guinn and state lawmakers that any negotiation is the wrong move.

"Once the state indicates even a willingness to talk benefits, the battle is over and the state would have capitulated," the report says. "There is nothing to negotiate. No amount of compensation can change the fact that Yucca Mountain is an environmental disaster waiting to happen. The costs and risks to Nevada far exceed any benefits of the project."

Former Nevada Gov. Bob List called the report "more of the same and what's to be expected from this particular group."

List, who is a paid consultant for the Nuclear Energy Institute, the industry's main advocacy group said the industry believes the repository can be safe. He said the state's one legal victory is likely to be "addressed and corrected," which could put the project back on track.

"I believe, and I think the vast majority of Nevadans believe that the time has come to get realistic here," List said. "The state needs to step up and have its seat at the table. I believe it's going to happen and I believe it is our right to demand benefits for this."

List said the program is already bringing significant federal dollars into the state, but it should not stop there.

"We should be pursuing opportunities to improve school and roads related to this," List said.

He said research on on the project or renewable energy should be done in Nevada and Nevada companies should be providing any services the projects needs.

List said the department's work on the Waste Isolation Pilot Plant in New Mexico is the best example that it would keep its promise for any benefits. The department has exceeded its promise, providing more than $300 million to the community.

"It should be many multiples of that in Nevada," List said.

The governor-appointed, seven-member commission advises the governor and Legislature on waste issues and oversees the Nevada Agency for Nuclear Projects, which is the state's top watchdog of the Yucca Mountain program.

The members of the commission are: McKay; Las Vegas Councilman Larry Brown; former Sen. Richard Bryan; Michon Mackedon of Fallon; businessman Steven Molasky of Las Vegas; County Commissioner Myrna Williams; and Paul Workman of Las Vegas.