Mar 23 - McClatchy-Tribune Regional News - Mike Gellatly Aiken Standard, S.C.



The fight over the proposed site to store the nation's spent nuclear fuel continues as the state of Nevada has stepped into the legal fight, while a bipartisan group of congressmen have urged the energy secretary to reconsider his actions.

A group of five South Carolina and Washington congressman have signed their names on a letter sent to Energy Secretary Steven Chu, urging him to reconsider removing funding from the Yucca Mountain waste repository, as they feel this action directly opposes current law.

U.S. House Majority Whip Jim Clyburn, D-S.C., and U.S. Reps. John Spratt (D-S.C.), Norm Dicks (D-Wash.), Doc Hastings (R-Wash.) and Jay Inslee (D-Wash.) all signed a letter to Chu urging him to "withdraw the reprogramming request in recognition of congressional intent as well as the serious legal implications of an action that would also render useless billions of previously appropriated funds."

In the letter, the quintet outlined their belief that Chu's decision to terminate the funding and license application for the high-level waste repository are "contrary to the clear intent of Congress" and that "these actions are premature and unwise."

 Much of the letter focuses on the financial implications of the decision related to the government not meeting its own standards for waste removal and management.

"For 25 years, nuclear utilities have paid fees to the government totaling more than $16 billion for waste disposal services that they have not yet received," the letter reads. "Since 1998, utilities have filed at least 72 claims for breach of contract against (the Department of Energy) for its failures to meet these obligations. To date, the courts have awarded more than $1 billion in damage awards and settlements."

Chu, testifying before House and Senate committees, stated that Yucca Mountain is not environmentally sound.

He has appointed a Blue Ribbon Committee to investigate options for dealing with high-level waste; however, that panel is not allowed to consider Yucca Mountain.

In the courts, the State of Nevada, which shares Chu's view about Yucca Mountain, is attempting to become party to the lawsuit filed by Aiken County Council against that site's winding down.

On Friday, the state in which the repository was set to be built filed in the U.S. Court of Appeals in Washington, D.C., to intervene in the case.

Aiken County filed suit in February, attempting to restrain DOE from ending the Yucca Mountain project. Now Nevada is attempting to become party to the case.

"Aiken County has advanced several arguments regarding the harm that it will suffer if the Yucca Mountain license application is withdrawn.

"However, neither Aiken County nor any of the Respondents will fully articulate, or articulate at all, the harm that will befall Nevada as the host state for the proposed repository if the Yucca Mountain repository project should go forward," the suit reads.

Nevada said it has been fighting against the Yucca project for 20 years.

A decision on the lawsuit is not expected until at least May, according to filings.

Contact Mike Gellatly at mgellatly@aikenstandard.com.

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