Friday, Sept. 30, 2005 | 9:48 a.m.
WASHINGTON -- The Energy Department will continue its fight to keep a draft of Yucca Mountain's license application out of the state's hand and has requested more time from the Nuclear Regulatory Commission to do its work.
A three-judge panel within the commission ruled Sept. 22 that the department had to turn over the draft to the state, but department attorneys sent a letter to the judges this week notifying them the department will appeal.
The department is finalizing its support material for its license application. That material must be turned in before the application.
The Energy Department argues that having to turn over the draft application and answer further questions the judges have posed is a "significant hardship" for the department.
Nevada and the department's attorneys were supposed to appear before the three Atomic Safety and Licensing Board judges Thursday, but the department requested more time. They will now meet on Oct. 13.
The appeal will go before the five-member Nuclear Regulatory Commission. Commissioner Greg Jaczko, a former aide to Sen. Harry Reid, D-Nev., has recused himself from voting on Yucca issues until next year because of his previous work against the project.
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