State can argue 222 claims against Yucca

By Cy Ryan (contact)

Monday, May 11, 2009 | 1:01 p.m.

CARSON CITY – Nevada is going to be able to press 222 arguments to stop the construction of the high level nuclear dump at Yucca Mountain.

“It’s a huge victory for Nevada,” says Bruce Breslow, director of the state’s Office of Nuclear Projects.

The Nuclear Regulatory Commission, in its 153-page decision, has allowed all but seven of Nevada’s contentions to be presented at a hearing. These claims involve mostly safety, the environment and transportation.

In all, the federal department allowed 299 claims to be presented to the Atomic Safety and Licensing Board at hearings that could start in 2010 and last for three or four years.

There were other objections raised by the state of California, counties, environmental groups and other organizations.

Breslow said this means that the state will have to seek additional money for its lawyer team to prepare and argue at the hearings. The state had allocated $2 million and the budget before Congress calls for $6.4 million over the next two years.

The director said the lawyers for the state estimated $20 million would be needed if more than 200 contentions were allowed. That leaves a gap of more than $11 million that will have to come from the federal government or from the state.

The Atomic Safety and Licensing Board would make a decision after hearing all the evidence. And then it would go to the Nuclear Regulatory Commission.

This hearing could last for three years and an extension of one year could be added on to handle all the arguments.

In Nevada’s case, Breslow said that many of its experts to testify against the site would have to come from out of the country -- from such places as Great Britain and China -- since the Nuclear Regulatory Commission has hired most of the experts from the United States.

This could all go away if the Energy Department decides to withdraw its application to build the nuclear repository.

There is now a 10-day period to permit appeals. And the Energy Department could make its final decision in June. Then starts the discovery and depositions that will take six months to a year, says Breslow.

He said some of the arguments against Yucca may be able to be consolidated from the various governments.