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Published Tuesday, Mar. 02, 2010

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State gives notice to join Yucca Mountain battle

By Annette Cary, Herald staff writer

The state of Washington gave legal notice Monday that it plans to enter the fray to prevent the Department of Energy from terminating plans to make Yucca Mountain, Nev., a nuclear waste repository.

That legal notice will be followed Wednesday with a petition to become a party in licensing proceedings before the Nuclear Regulatory Commission, said Andy Fitz, Washington state assistant attorney general.

The Department of Energy is expected this week to file a motion to withdraw its license application for Yucca Mountain filed last year with the NRC. DOE wants it withdrawn "with prejudice," which would prevent it from being refiled.

If the state is a party to the licensing proceedings, it will have legal standing to oppose the withdrawal.

Washington Attorney General Rob McKenna is "deeply disturbed by the federal government's departure from a repository plan that dates back to the early 1980s, and particularly the apparent aim to take one of the nation's options off the table," he said in a statement.

"My office continues to develop a legal strategy that it believes will provide the greatest benefit to the people of Washington, especially those in the Tri-Cities who remain concerned about the permanent disposal of the nuclear waste currently stored and awaiting processing there," McKenna said.

The state also has the option of filing a lawsuit in the U.S. Court of Appeals to stop DOE from terminating Yucca Mountain. On Friday, South Carolina filed a lawsuit as well as a petition to become a party in licensing proceedings.

Washington state's strategy is to intervene in the licensing proceedings because that's likely the first decision that will be made in the issue, Fitz said. If DOE is forced to proceed with its license application, a lawsuit may not be necessary.

Hanford plans to send its high-level radioactive waste left from the past production of plutonium for the nation's nuclear weapons program to Yucca Mountain. That includes irradiated reactor fuel and high-level radioactive waste now held in underground tanks that will be turned into a stable glass form at the vitrification plant.

In addition to holding high-level radioactive waste from the nation's nuclear defense program, Yucca Mountain also has been planned to hold used commercial nuclear fuel, including that from the Columbia Generating Station just north of Richland.

President Obama indicated during his campaign that he opposed opening Yucca Mountain, and this year formed a blue ribbon commission to study other options for the waste. The commission will not consider Yucca Mountain.

That action was followed by a temporary hold on DOE's Yucca Mountain license application with the NRC.

Monday the Hanford Communities was preparing a letter to Washington Gov. Chris Gregoire encouraging her and McKenna to take legal action. The group includes Richland, Pasco and Kennewick, Benton and Franklin counties, and the Port of Benton.

Hanford has 70 percent of the nation's high-level defense waste, the letter said. Yucca Mountain standards have been used to design and build the $12.2 billion vitrification plant and the containers holding irradiated fuel pulled from Hanford's K Basins, it said.

"Abandonment of the geologic repository program at Yucca Mountain in favor of some unknown alternate location puts these waste streams ... at extreme risk," the letter said. "It also poses a burden on communities like ours that are working hard to clean up the waste left over from the Manhattan Project and the Cold War."

If the Yucca Mountain license is withdraw, the waste could be stranded at Hanford, the letter said.

Three Tri-City business leaders -- Bob Ferguson, Bill Lampson and Gary Petersen -- already have filed a lawsuit in the U.S. Court of Appeals asking the court to decide if the Obama administration has the legal authority to terminate Yucca Mountain. They believe that is a violation of the Nuclear Waste Policy Act.

The state's action Monday to intervene in the license application is "something we expected and hoped for so we are very pleased," Petersen said.

-- Annette Cary: 582-1533; acary@tricityherald.com.

Similar stories:

  • Nuclear Regulation Commission allows Yucca closure to continue

  • Blue Ribbon Commission says U.S. should start looking for Yucca alternative

  • Panel urges handling Hanford waste

  • Temporary storage proposed for vit plant waste

  • Bechtel names safety culture leader at vit plant


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