YUCCA MOUNTAIN:

In Obama’s budget, money to fight Yucca also likely cut

Head of state agency feels as if he has one hand tied behind his back

By Lisa Mascaro (contact), Cy Ryan (contact)

Wednesday, May 20, 2009 | 2 a.m.

Yucca Mountain

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Yucca Mountain

Dumped on (5-15-2009)
Obama names ex-Reid aide to lead nuclear commission (5-13-2009)
State can argue 222 claims against Yucca (5-11-2009)
Bell tolls for Yucca (5-8-2009)
Obama plans lean Yucca budget (5-6-2009)

Archive of Sun politics stories

Politics: The Early Line

Washington — President Barack Obama’s proposed slashing of the Yucca Mountain budget has had a perhaps unexpected fallout: It also likely cut the money the state of Nevada relies on to fight the project.

For the past several years the state Agency for Nuclear Projects has received $5 million from the U.S. Energy Department for its legal battle against the waste project. But Obama’s proposed fiscal 2010 budget provides the agency with just $3.2 million for the year.

A similar shortfall is playing out among the counties that also rely on federal money to fight the dump.

Bruce Breslow, executive director of the Nevada agency, is pressing the state’s lawmakers in Washington to restore funding during the upcoming congressional appropriations process so the state can wage a “fair fight.”

“We’re hopeful our congressional delegation and our lobbying effort can boost that back up,” Breslow said.

Obama’s budget took a bold step by setting in motion the termination of the Yucca Mountain project — an issue he campaigned on before he won Nevada.

The president proposes cutting another $100 million from an already compromised Yucca Mountain budget. The waste repository has suffered in recent years from cuts engineered by Senate Majority Leader Harry Reid.

Yet even as Obama begins to close out Yucca Mountain, he provides $197 million for the Energy Department to continue to pursue the review of the project’s license application before the Nuclear Regulatory Commission, a multiyear legal process.

The Energy Department says that continuing the review before the commission’s Atomic Safety and Licensing Board will provide helpful information. The department also may be buying time to bring Yucca’s supporters on board for an alternative. The department is convening a Blue-Ribbon Commission to develop new ideas for handling the nation’s spent nuclear fuel rods.

Obama’s budget also proposes increased funding for the Nuclear Regulatory Commission, which will also be involved in the proceedings.

The state believes it is being put at a disadvantage if the federal agencies have full funding to argue before the Atomic Safety board while its legal funding is cut. Breslow compares it to fighting with one hand tied behind his back.

The multiyear review will be costly for the state. Armies of lawyers from all sides are expected to converge before the Atomic Safety board in Las Vegas for the next several years to investigate technical details from the nearly 9,000-page application.

The private legal firm hired by the state to press the fight estimates the cost to be $14.1 million in the next two fiscal years. Attorneys fees will run from $250 to $540 an hour.

The state’s legal team from the firm of Egan, Fitzpatrick & Malsch has reduced its costs by nearly 30 percent in anticipation of the state’s own budget shortfalls.

Last week the Atomic Safety board handed Nevada a stunning victory by allowing more than 200 of its contentions to the dump to be heard by the panel. It was an unexpectedly high number that has left lawyers scrambling to prepare for the work ahead.

Contentions from counties near the proposed dump were also accepted. Clark County, for example, saw 13 of its 15 contentions accepted.

Irene Navis, planning manager of Clark County’s Nuclear Program Office, said the 10 counties involved in the Yucca debate had their funding cut from $9 million last year to $5.7 million in Obama’s proposed budget.

“We all want to do the best for the folks we represent — you need experienced counsel, and experienced counsel costs money,” Navis said. “Until the application is withdrawn, all the parties have to participate at a full level.”

The state’s lawmakers in Washington are preparing to restore funding.

Reid’s spokesman said the senator “will do what’s necessary to support the state.”

Reid’s office had previously said the senator found the budget of the Nuclear Regulatory Commission too high, and would seek to reduce it.

Democratic Rep. Shelley Berkley will be working during the upcoming appropriations process to restore money. Spokesman David Cherry said the congresswoman “is seeking the entire amount needed” by the state and counties to make their case.

Cherry noted that during past budget battles, the delegation has ensured the state and counties had full funding to fight the waste dump.

Even as the project falters, Yucca Mountain’s supporters continue trying to give it new life as they desperately search for Plan B.

Arizona Sen. John McCain, the former Republican presidential candidate, on Tuesday offered an amendment to a Senate energy bill that would restate the federal government’s commitment to store spent nuclear fuel rods at Yucca Mountain. The amendment died on a mostly party line vote in the Senate energy committee.

But McCain vowed to try anew once the bill hit the Senate floor, likely later this summer.

Other lawmakers pursued alternatives, now that Yucca Mountain appears to be coming to an end.

For example, another Republican amendment would have allowed the Energy Department to enter agreements with local municipalities to store nuclear waste on an interim basis in their communities — without approval from surrounding municipalities or from state legislatures or governors.

It also was turned down by the committee.

Mascaro reported from Washington, Ryan from Carson City.

Discussion: 8 comments so far…

By Future_2012

5/20/09 at 6:27 a.m.

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" As Obama begins to close out Yucca Mountain, he provides $197 million for the Energy Department to continue to pursue the review of the project's license application before the Nuclear Regulatory Commission, a multiyear legal process.

"The Energy Department says that continuing the review before the commission's Atomic Safety and Licensing Board will provide helpful information.

"Obama's budget also proposes increased funding for the Nuclear Regulatory Commission, which will also be involved in the proceedings."

The clear objective here is to prove the sound science of the Obama/Chu run five National Labs

Obama in his proposed 2010 budget said:

"The President, however, has made clear that the Nation needs a better solution than the proposed Yucca Mountain repository.

Such a solution must be based on sound science AND [say again AND] capable of securing broad support, including support from those who live [read this as Harry Reid] in areas that might be affected by the solution.

"...including support from those who live in areas that might be affected by the solution... is code for keeping Harry Reid electable in 2010.

So Obama has lied about basing decisions on sound science.
By neiman1

5/20/09 at 6:44 a.m.

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No matter where you stand on this issue, only in politics would a government fund both sides of a legal fight. If the federal government wants Yucca it should have never funded law suits to stop it. Why would this make sense to anyone except the employees getting the money.
By Dedicated

5/20/09 at 7:27 a.m.

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Many members of the public do not understand that the funding for the State and counties is dictated by the Nuclear Waste Policy Act. The Act requires oversight of the Yucca Mountain Project by those entities, among others, and allows for participation in the licensing. The funding cannot, and is not, used for litigation or lobbying efforts. It is used to participate in the NRC licensing proceeding, which is not an open, inclusive public process. Governments cannot effectively participate in that very formal proceeding without experienced subject matter experts and legal counsel. The "employees getting the money" recognize that this is our one shot to represent the citizens in our jurisdictions, and bring forward the issues they have expressed concern over for more than 20 years. The NRC judge panels have allowed nearly 300 issues to be raised in the next phase of the proceeding. Obviously, the DOE's application is not perfect, and there are issues of science, technology, and law that have not yet been fully addressed. Nine administrative judges, not politicans, bureaucrats and lawyers, said so.
By Future_2012

5/20/09 at 9:50 a.m.

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"The NRC judge panels have allowed nearly 300 issues to be raised in the next phase of the proceeding."

The NRC professional staff said all but 19 issues could be thrown out because they had no merit.

The NRC "judge" ruled them back in so that the NRC staff would have to formally listen to spin on these issue then could formally document thier basis for accepting sound science.

The "Judges" just want to allow a full hearing.

Harry Reid's appointee and former staffer, is the Chairmen of the NRC now - so he will do what ever Harry wants.
By homer

5/20/09 at 10:11 a.m.

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neiman1 once again has shown his complete ignorance of the judicial system in America. Of course John McCain should do the honorable thing and take the dump to the desert in Arizona. There are millions of unuseable desert acres there. But his Arizona supporters(financial) would call him down immediately, you see the dump is ideal for Nevada but does not belong in Arizona. We got you firgured out dergulation Johnny.
By boco

5/20/09 at 11:49 a.m.

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Aww...Obama gets coerced to make a pledge to stop the Yucca Mountain repository to placate Reid and gain some votes in Nevada and now that he follows through, the State is crying that it can't get enough money from the Nuclear Waste Fund to continue the State's further efforts to defeat the project the President calls "terminated." Yeh, that seems fair.
By gotjobs

5/20/09 at 2 p.m.

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Wow Homer, where did John McCain come from?
By TT

9/30/09 at 12:09 p.m.

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You will have to excuse my confusion but I don't understand.

Homer said that there are plenty of deserts in arazona that are "usuless" and should be used, are you implying that Nevada does not have "usuless" deserts that can support this waste? Or is it just me that sees that nobody wants to get their hands dirty with the storage of this waste?

Need I point out that we have spent 22 years and almost 10 billion dollers of taxpaying money to ensure that yucca mountain is safe?

maybe someone can clarify why we should not continue work; we are almost done with the reaserch and construction.

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