Jun 09 - Las Vegas Review - Journal

The Department of Energy's bid to begin licensing for a nuclear waste site at Yucca Mountain reeks of politics and uncertainty and should be rejected out of hand, Nevada lawmakers urged in a letter Thursday to top nuclear safety regulators.

The DOE construction application sent to the Nuclear Regulatory Commission on Tuesday was timed to coincide with the fall elections and is "undoubtedly incomplete," the lawmakers argued.

"There are too many components missing ... to suggest that the department is genuinely prepared to make its case for moving forward on the Yucca Mountain project," they said in the letter that was sent to the four NRC commissioners.

"The Commission is consulting with its legal counsel to determine the appropriate response," spokesman David McIntyre said.

By its letter, the five-member Nevada delegation added its support to the formal petition filed Wednesday by state Attorney General Catherine Cortez Masto.

Cortez Masto asked the NRC to reject the application on a number of grounds including the absence of final radiation health standards and final designs for the underground repository and for canisters that would be used to transport and dispose of spent nuclear fuel.

A DOE spokesman said the department was confident it met all requirements to submit the application for the repository .

The NRC is undertaking a 90-day initial review to determine whether the application is complete enough to be docketed for more extensive safety reviews and license hearings.

Even if the NRC spots flaws in a license application during the initial review, it generally will give an applicant the chance to respond first, agency officials have said.

The 90 days for the NRC examination would expire at the beginning of September. The Nevada lawmakers noted some federal agencies, including the Government Accountability Office, refrain from making major decisions within 60 days of an election to avoid charges of political bias.

"We hope the NRC would want to do the same," the Nevadans said.

If the Yucca Mountain application is accepted for docketing, the NRC's overall license process is expected to take four years or more.

The delegation letter initiated by Sen. Harry Reid, D-Nev., also was signed by Sen. John Ensign, R-Nev., and Reps. Shelley Berkley, a Democrat, and Republicans Jon Porter and Dean Heller.

Contact Stephens Washington Bureau Chief Steve Tetreault at stetreault@review journal.com or 202-783-1760.

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