Nuke official: Take Yucca benefits

Wednesday, Feb. 16, 2005 | 11:08 a.m.

CARSON CITY -- A nuclear power industry official told lawmakers Tuesday the state should start pursuing benefits still available from the federal government for accepting the proposed Yucca Mountain waste repository.

Michael A. Bauser, associate general counsel for the Nuclear Energy Institute, told the Senate Judiciary Committee the state should get more involved in seeking benefits.

Sen. Dennis Nolan, R-Las Vegas, said nobody is happy about Yucca Mountain, but he wondered if there is an "upside." He said he has been told that the proposed federal restitution to the state is long gone.

But Bauser said federal benefits "are still on the table." He gave an update on the status of legal actions by the state challenging Yucca Mountain and said the project is progressing, although on a late schedule.

Bob Loux, director of the state Nuclear Projects Office, said Bauser's view that Yucca Mountain is a "done deal," is wrong. He called Bauser's testimony " extremely optimistic," and the state still has the option of mounting a number of challenges to stop the project.

Loux told the Judiciary Committee that the state may not see major financial gains from the federal government if Yucca Mountain becomes a reality.

"Once we have gone down the path, I don't think there should be huge expectations," he said.

Loux said there has been a "steady erosion" and less confidence in pursuing Yucca Mountain. It is following a path like other failed projects of the Department of Energy such as the Super Collider and the breeder reactor.

Nolan also questioned Bauser about the "negative reactions" in other states in having the high-level nuclear waste trucked through their areas.

Bauser said the federal law preempts the state regulation of transportation of hazardous materials. But the Department of Energy is working with this state, setting up safety and quick response programs, he said.

By Bauser's count, there have been 25 suits challenging the project.

"No decisions have been issued invalidating the basic tenets of the program," he said. "In fact, the vast majority of this litigation has actually resulted in judicial affirmance of the propriety of DOE's execution of the project and it remains on track for the submittal of a license application later this year for independent review by the Nuclear Regulatory Commission."