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Stumbleiblv editorial:
Nearly dead and buried
Energy Department still needs to abandon license application
Fri, Nov 20, 2009 (3 a.m.)
Nevada has been fighting for more than 20 years efforts by the federal government to build a dump for the nation’s high-level nuclear waste at Yucca Mountain, a mere 90 miles northwest of the heavily populated Las Vegas Valley. Despite the clout of the nuclear power industry, things have begun to go Nevada’s way. Thanks to the efforts of Senate Majority Leader Harry Reid, D-Nev., and the actions of the Obama administration, funding for the ill-conceived project is drying up.
The only major hurdle that remains is to have the Energy Department withdraw its license application before the Nuclear Regulatory Commission to build a permanent Yucca dump. It is only after that application is abandoned for good that Nevadans can truly rejoice.
The time to break out those Champagne bottles may come as early as next month. That is when the Energy Department plans to abandon its application, according to internal memos obtained by The Energy Daily. The publication, which covers the nuclear power industry, reported last week that the only money the agency plans to spend on Yucca Mountain in fiscal 2011 is for the purpose of shutting down the project.
Nuclear utilities should not waste any more time trying to persuade the government to impose a deadly dump on Nevada, especially one that would require radioactive waste to be shipped through Las Vegas and other major U.S. cities. Instead, those utilities should focus on alternative waste disposal methods.
They also should recognize by now that Nevada is so strong in its resolve that the state is prepared to fight the dump plan until it is buried for good.
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See, the only problem is that Yucca Mountain is not owned by DOE, but by Congress. When they passed the Nuclear Waste Policy Act in the 1980's, Congress specifically spelled out the process for finding, licensing and operating a repository. Once the site was recommended, the Secretary of Energy has no further role in the licensing process. Neither the DOE nor the President has authority to withdraw the license application once it has been submitted to the NRC. The only ways to end the license application are for the NRC to find flaws in the design, or for Congress to change the NWPA. This is quite clear in the NWPA. It appears that the Sun editorial staff is recommending that the DOE violate a federal law.
Let me reiterate and clarify: the only LEGAL way for Obama and Reid to end the license application is to either change the law or let the NRC find the application insufficient.
This no doubt will not stop Obama/Chu/Reid from withdrawing the license application during Congress' Christmas recess so as to ensure that few people are around to protest.
Nonetheless, the NWPA allows any citizen to file a lawsuit with a federal circuit court to stop the President or Secretary of Energy from performing against the NWPA.
Why would 49 other states let one Senator stop Yucca Mountain? It will be interesting to see who in the Senate, House or just the American public objects to defiance of the NWPA by the current administration.
People looking for an alternative to Yucca Mountain need to be reminded (or informed) that a process and hardware design for the ELIMINATION (not burial) of nuclear waste exists and the powers-that-be need to examine it. Nevada (or any other state) need never see nuclear waste buried in their state. See Permanent RadWaste Solutions on the web and Patent #7525112 (April 28, 2009) on the USPTO web site. With the safety, ecomomy and permanence of this concept, adoption will eliminate nuclear waste as a topic of concern.