Sun editorial:

A critical look at Yucca?

Nuclear Regulatory Commission judges question staff’s review of nuclear waste dump

Wednesday, April 8, 2009 | 2:06 a.m.

A panel of judges from the Nuclear Regulatory Commission held a three-day hearing last week on objections to the Energy Department’s application to build a nuclear waste dump at Yucca Mountain, 90 miles northwest of Las Vegas.

The judges are scheduled to decide who can challenge the government’s plan during licensing hearings and what they can raise as objections. There have been 320 objections filed by 14 groups. The fact that President Barack Obama is against the Yucca Mountain plan went virtually unnoticed.

As Alexandra Berzon reported last week, Energy Department attorneys argued that none of the objections should be heard. The judges took a critical view of that argument. They said it seemed disingenuous, for example, that the Energy Department contested all of Nevada’s 229 objections.

They also homed in on the NRC’s staff. The agency is supposed to be the impartial arbiter in reviewing proposed nuclear projects, but the judges found it odd that the NRC agreed with the Energy Department on all but 19 of Nevada’s objections. Judge Michael Farrar said it appeared as though NRC members applied a higher threshold to Yucca Mountain protests than they had in past commission cases.

Judge Alan Rosenthal said that if he and the other judges agree that a “significant number of the Nevada contentions are admissible ... both DOE and the NRC staff will have lost credibility.”

Rosenthal said that would leave the impression that the NRC “is not a disinterested participant in the licensing process but, rather, a spear carrier for the DOE.”

The judges hit the nail on the head. For years the Energy Department has been enabled in its quest to make a terrible idea work by the NRC and countless politicians who have toed the nuclear industry’s line. They have ignored the obvious scientific obstacles to the plan to haul 77,000 tons of nuclear waste across the country and stuff it into a volcanic ridge.

It is good to see the NRC judges thinking critically about the project. If they continue, they will see what a foolish plan it really is.

Discussion: 8 comments so far…

By abevanluik

4/8/09 at 7:37 a.m.

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"It is good to see the NRC judges thinking critically about the project."

Since that is the reason they come to work, it is not a surprise. No right-thinking person would disagree with a critical and impartial external review being a good thing for all parties concerned.

"If they continue, they will see what a foolish plan it really is."

This is a flight of fancy on the part of the editorial writer. They will be critical, but also impartial. Their objective is to see whether or not the evidence presented by the proponent, the regulator, and the critics allows or denies them the ability to come to a conclusion of there being a reasonable assurance of safety for the operations to be conducted and a reasonable expectation of long-term safety after the repository is sealed up.

Foolishness is a subjective judgment based on many things, most of them unrelated to safety except in the narrow sense of recklessness, which they will call attention to and not tolerate. It generally has nothing to do with their work. If it is safe by their standard of judgment, it doesn't matter if it is a smart or a foolish enterprise or investment. In the case of this national repository, that is a societal decison, made by lawmakers in Congress. They simply will not comment on that.

No matter what side of the issue one is on, at this point hopefully we can agree that we ought to let the process play out and see where it ends up. One side or the other will be vindicated, this will not be an indecisive tribunal.

Even if a favorable decision is made regarding the repository, giving it the regulator's permission to be built, the nation can always change its mind. It does this by changing the law, passed and amended several times over the past 25 years, always in a bipartisan manner, that is currently mandating that this project be carried out.
By Future2012

4/8/09 at 8:01 a.m.

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No less than the LV Sun says "It is good to see the NRC judges thinking critically about the project."

Since Harry Reid has agreed to let the YUCCA LA be reviewed and processed by the NRC with his hand picked NRC Commssioner we will have adjudication of the YMP License Application docketed September 8, 2008 and allow sound science to make the case on the merits.

Opponents, if they permit their positions on technical facts of the program, have should have nothing to fear from a quality review process. The LA process continues to establish the suitability of the Yucca Mountain site, and is based on the science of the five supporting national labs and the USGS.

Obama has said "it is about ensuring that scientific data is never distorted or concealed to serve a political agenda and that we make facts, not ideology."

Let's be clear about Harry Reid, Bruce Breslow, and Nevadans capability to address the technical issues.

After the Yucca Mountain License Application was docketed September 8, 2008, Nevada was embarrassed on 12-19-2008 with the unprofessional quality of the 200 plus questions submitted by confessed crook and Lobbyist Bob Loux and Nevada State Attorney General Catherine Cortez Masto. Only 18 questions were accepted by the NRC for which the Yucca Mountain project will provide a sound science response.

Since then confessed crook and Lobbyist Bob Loux has quit and the lobbyist job has been replaced by former Sparks mayor, television sports broadcaster, and baseball card trading business mogul Bruce Breslow.

All of the points raised by Bruce in his USA Today article are being answered as part of the adjudication of the YMP License Application and allows science to make the case on the merits. Opponents, like Reid and Breslow, if they present their positions on technical facts of the program, have should have nothing to fear from a quality review process.

Bruce says "let science catch up and find a permanent solution." Well Bruce the science is here and now and if Bruce Breslow would actually read the LA he would know that.

Most disturbing is the consistent denigration of the quality science being produce by the Americas ten National Laboratories and the USGS. These Obama lead organizations are on the forefront of every worldwide scientific endeavor know to man and are being besmeared by Harry Reid and Nevada.
By jhv

4/8/09 at 9:19 a.m.

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What the sad part is, is that after 20 years and billions spent, these groups appear with speculations instead of facts. It is sad that NV and their hired henchmen waited 20 years to protest the building of this depository, it is actually a crime against the taxpayer. I admit a full review is not a problem but, should have been performed long ago. Based on a final review, if it is found to be a viable and safe option then build it, if not, pull the plug and any future DOE ventures in Nevada.
By neiman1

4/8/09 at 9:26 a.m.

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Open the dump and lets build some more nuclear power plants. You cannot be against oil, coal, and nuclear.

Decide what's best for our energy future and get on with it.
By Harley

4/8/09 at 12:37 p.m.

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Who wrote this editorial?
By jfnance32

4/8/09 at 1:20 p.m.

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We are rejecting billions in money, ten of thousands of good paying jobs and hundreds of millions in state tax revenue.

The dump is right next to an area where many above and below ground nuclear weapon testa were conducted.

Hmmmmm...It does not make sense.
By patt

4/9/09 at 4:22 a.m.

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I always think it's funny when the Sun makes judgements about scientific or technical standards. This column is entirely without any factual basis - - don't standards apply when it comes to writing for the Sun?
By lastword

4/9/09 at 7:42 p.m.

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Yucca Mountain is history.

Good riddance.

The end.

Period.

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