State balks at Yucca rules on water flow

Suzanne Struglinski

Wednesday, Sept. 7, 2005 | 11:19 a.m.

WASHINGTON -- New proposed Nuclear Regulatory Commission rules for the Yucca Mountain project match radiation exposure rules proposed last month but also specify how the Energy Department can measure potential water flow through the rock.

That's a problem, Nevada officials say, because the proposed rule for the planned nuclear waste repository 90 miles northwest of Las Vegas was issued without consulting any outside experts.

Water flow is a key issue in the state's fight against the mountain. If water moves through the rock, it can lead to corrosion on waste casks causing them to fail faster and contaminate groundwater with radiation.

"Infiltration is the whole ballgame," said attorney Joe Egan, who handles Yucca issues for the state. "They have just declared what that is; we don't think it is proper."

A 60-day public comment period will begin once the rule is published in the Federal Register, which will happen soon, according to the commission.

The state is likely to submit comments on the proposed rule. Egan said once it is finalized, if no changes are made, the state would evaluate whether to take legal action.

The NRC rules are important because the commission will use them to decide whether the department can store nuclear waste inside Yucca. The department expects to apply for a license next year.