Edited By Chris Reed
Several leading Members of Congress asked Nuclear Regulatory Commission Chairman Gregory Jaczko to justify his plans to halt the review of the Yucca Mountain, Nev. nuclear waste repository and urged him to move the process ahead. In a letter sent to Jaczko, four ranking Republicans said that by requiring NRC staff to end the review of the Department of Energy's application to license Yucca Mountain as a waste storage facility, he was single-handedly reversing the wishes of Congress.
"Your unilateral decision silences the opinions of other commissioners," the letter said. "Legal challenges in federal court are imminent, pending final action from the NRC. Your directive gives the appearance of coordinated action between you and DOE, which suggests an additional level of impropriety."
The letter was signed by Rep. Jim Sensenbrenner, Wis., House Select Committee on Energy Independence and Global Warming Ranking Republican; Rep. Joe Barton, Texas, House Energy and Commerce Committee Ranking Republican; Rep. Ralph Hall, Texas, House Science and Technology Committee Ranking Republican; and Rep. Doc Hastings, Wash., House Natural Resources Committee Ranking Republican.
Last week, media sources reported that Jaczko instructed NRC staff to effectively end the review of DOE's license application because Congress passed a continuing resolution for the new fiscal year that did not explicitly fund the review. While President Obama's proposed 2011 budget instructs the NRC to end the Yucca Mountain review, the letter said that it was wrong to base an important funding decision on a budget that Congress had not passed. The letter further stated that there was no precedent for this decision.
Members of Congress told Jaczko that since the Atomic Safety and Licensing Board (ASLB) rejected the DOE motion to withdraw the application for the Yucca Mountain facility, the NRC must overturn the board's decision before it can end the review. The Members wrote that Congress has repeatedly designated Yucca Mountain as a waste storage site, which was a factor that ASLB cited in rejecting DOE's motion to withdraw the application.
"After 30 years of research and $12 billion in funding, one partisan bureaucrat should not kill the Yucca Mountain project based on a tricky reading of the budget," Sensenbrenner said. "Congress clearly intended to develop Yucca Mountain as a high-level waste facility. Jaczko does not have the authority to veto Congress. Given the benefits of nuclear power and the nationwide thirst for clean, reliable energy, it is irresponsible for President Obama to turn his back on this vital project."
Members asked Jaczko to cite the legal authority to terminate the review, explain how the policy change affects the pending appeal of the ASLB ruling, and describe how the Yucca Mountain review will go forward if the courts order it to be continued.
"These latest actions by the Nuclear Regulatory Commission call into question its commitment to the laws Congress writes and its independence from the Obama administration's questionable and costly decisions concerning the future of nuclear energy in America," Barton said.
Members also asked if Jaczko had communicated with the White House, Energy Secretary Steven Chu or Senate Majority Leader Harry Reid, D-Nev., about this decision.
"The latest action by NRC Chairman and former Harry Reid staffer Jaczko is yet another attempt to go around the law and jam though an illegal shutdown of Yucca Mountain. President Obama's budget request has never passed the House and the stall tactics employed by the NRC since June are nothing but pure politics. This is a level of arrogance and disregard for the law that I've rarely encountered, but when it comes to Yucca Mountain the Obama administration seems content to simply make up its own rules," Hastings said.
"I am disappointed that this Administration continues to insist on shutting down our nation's most promising option for long-term nuclear waste storage," Hall said. "Voting records over the past decade, in both the House and Senate, demonstrate clear Congressional support for Yucca Mountain. But now, without comprehensive scientific analysis, the NRC is taking Yucca off the table, thus slowing down a path to American energy independence."
October 13, 2010
Chairman Gregory JaczkoNuclear Regulatory Commission11555 Rockville PikeRockville, MD 20852
Dear Chairman Jaczko:
We are writing to express our concern regarding reports that you are unilaterally halting the Nuclear Regulatory Commission's (NRC) review of the Department of Energy's (DOE) license application for the nuclear waste repository at Yucca Mountain.
Recent media reports assert that you directed NRC staff to begin terminating review of DOE's license application, consistent with the language of the Fiscal Year 2011 (FY11) budget request, despite the fact that Congress has yet to approve the FY11 budget. This action has been justified in a guidance memo which argues, "the [continuing resolution] legislation does not include specific restrictions on spending funds. Therefore, the staff should continue its activities on the Yucca Mountain license application in accordance with the Commission's decisions on the FY 2011 budget..." However, basing funding and operational decisions on submitted budget requests, not appropriations bills signed into law, is suspect. Even the NRC spokesman, David McIntyre, noted that he was "not sure whether there was a precedent for [your] decision."
Your directive is even more alarming given the current status of the license application. As you know, the Atomic Safety and Licensing Board (ASLB) rejected DOE's motion to withdraw the license application on June 29, 2010. According to the ASLB, DOE lacks the authority to overrule clear Congressional intent for NRC to review the license application of Yucca Mountain as a nuclear waste repository. As you know, Congress passed the Nuclear Waste Policy Act of 1982 (NWPA) to centralize the long-term management of nuclear waste, including construction of a safe and permanent nuclear waste repository. In 1987, Congress amended the NWPA by designating Yucca Mountain as the only option for a longer-term storage site by a vote of 237-181 in the House of Representatives and 61-28 in the Senate. Congress reaffirmed Yucca Mountain's designation as the only option for a long-term storage site in 2002 by a vote of 306-117 in the House of Representatives and 60-39 in the Senate. Again in 2007, the House of Representatives overwhelmingly rejected, by a vote of 80-351, an attempt to eliminate funding for the Yucca Mountain nuclear waste disposal program. Additionally, on July 6, 2010, 91 Members of Congress sent DOE a letter expressing concern with their decision to immediately close Yucca Mountain.
The commissioners have not yet issued a ruling on appeal; therefore, unless the commission overturns the ASLB decision, the NRC must consider the license application. Your unilateral decision silences the opinions of the other commissioners on the pending appeal. Further, legal challenges in federal court are imminent, pending final action from the NRC. Your directive gives the appearance of coordinated action between you and DOE, which suggests an additional level of impropriety.
In light of the reports, we request answers to the following questions:
Please respond by October 27, 2010. We appreciate your cooperation.
Sincerely,
Jim Sensenbrenner
Ranking Member
Select Committee on Energy Independence and Global Warming
Joe Barton
Energy and Commerce Committee
Ralph Hall
Science and Technology Committee
Doc Hastings
Natural Resources Committee
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Jaczko has strong ties to Harry Ried so this is not a surprise.
