It was gratifying to see reason trump politics last week -- let's hope it lasts.
On Tuesday, a Nuclear Regulatory Commission legal panel issued a 47-page order that ought to prevent the Obama administration from further dismantling the nation's nuclear waste program.
The order validates what many have been saying all along -- that Energy Secretary Steven Chu doesn't have the authority to unilaterally scuttle plans for a nuclear waste repository at Nevada's Yucca Mountain.
The three-judge panel denied Chu's request to withdraw the government's application for a license to operate a repository at the site.
Federal law requires the Department of Energy to apply for a license, and it stipulates that the NRC evaluate the application, the judges found. Congress can change the law, but the Obama administration can't simply decide to ignore it, according to the panel.
It's the right finding, of course. We're a nation of laws. Anytime a political leader circumvents the law, it weakens the foundation of our democracy.
There's also a more practical consideration -- if President Obama can unilaterally discard the nation's nuclear waste policy, what's to stop the next president from abandoning the next plan?
So far, $14 billion of the public's money has been spent studying Yucca Mountain's potential to house high-level nuclear wastes safely. How much more will be spent on dead ends if the process is left to any administration's whim?
The danger isn't just that nuclear wastes will be stranded indefinitely at temporary storage sites spread across the nation. The absence of a concrete plan for dealing with the waste stream is also certain to hinder the nuclear industry's revival.
The Tri-Cities and the rest of the Northwest have a keen interest in the outcome of this debate. The wastes stranded by abandoning Yucca Mountain would include Hanford's high-level defense wastes.
Politics are clearly behind
the administration's decision. Keeping the repository out of Nevada would fulfill a campaign promise Obama made to that state's voters in 2008.
And this year, Senate Majority Leader Harry Reid faces a tough re-election campaign that could hinge on whether he's perceived to have enough clout to stop the project.
Opponents to Yucca Mountain raise technical issues. But under the law, the NRC is responsible for evaluating the technical merits of the site, and it has the right skills to complete the task.
That's what the three-judge panel concluded, and given the enormous political stakes at play, their ruling is testament
to the independence of the judiciary.
But the issue is far from settled. DOE and Nevada immediately announced plans to appeal to the full five-member commission.
NRC Chairman Gregory Jaczko is Reid's former science adviser. According to The Associated Press, Jaczko has already said he believes used nuclear reactor fuel can be safely stored for decades at reactor sites across America.
Opponents of Yucca Mountain shouldn't count on an advantage from Jaczko's thoughts about temporary fuel storage or his association with Reid.
Neither has any connection to the judicial panel's core finding -- that the Obama administration lacks the authority to withdraw its license request.
It'll take a convoluted twist of logic to decide otherwise.
There's a second front in the fight to keep Yucca Mountain on track. Washington state, South Carolina, Aiken County, S.C., and a coalition of Tri-City business leaders have filed suit in federal court. Their consolidated case is scheduled for a hearing Sept. 23.
The first ruling in this case was the right one. It will be a dangerous extension of presidential power if subsequent decisions don't follow suit.
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Nuclear Regulation Commission allows Yucca closure to continue
Nuclear Regulation Commission allows Yucca closure to continue
WASHINGTON -- A divided Nuclear Regulatory Commission on Friday allowed the Obama administration to continue with plans to close the Yucca Mountain, Nev., nuclear waste repository, where Hanford waste was planned to be sent.
The commission split, 2-2, on whether to uphold or reject a decision by an independent nuclear licensing board. The board voted last year to block the Department of Energy from withdrawing its application for Yucca Mountain. The licensing board said the government failed to make a scientific case for why the application should be withdrawn.
Despite the split vote, the NRC said in an order Friday that the licensing board should continue steps to close out work on Yucca Mountain by the end of the month, citing "budgetary limitations."
GOP candidates disappoint with nuclear waste policy
GOP candidates disappoint with nuclear waste policy
If you're looking for an example of what's wrong with the way we nominate presidential candidates, the recent GOP debate in Las Vegas ought to suffice.
Republican hopefuls -- Newt Gingrich excepted -- rushed to align themselves with President Obama and Senate Majority Leader Harry Reid on the issue of nuclear waste disposal.
Few Herald readers will need reminding that last year the Obama administration unilaterally ordered the Department of Energy to shut down the Yucca Mountain nuclear waste repository program near Las Vegas.
Panel urges handling Hanford waste
Panel urges handling Hanford waste
The possibility of disposing of Hanford's high-level radioactive waste while a solution continues to be worked out for spent commercial nuclear fuel was raised Thursday at a Senate hearing.
Sen. Maria Cantwell, D-Wash., questioned leaders of the Blue Ribbon Commission on America's Nuclear Future on its findings at a hearing before the Committee on Energy and Natural Resources. On Wednesday, Rep. Jay Inslee, D-Wash., a candidate for governor, questioned commission leaders at a hearing before the House Subcommittee on Environment and Economy.
The commission issued its final recommendation last week, calling for the nation to look for a location "by consensus" where a new national repository for high-level defense waste and used commercial fuel will be welcome. It also called for the development of storage sites to be used in the meantime.
Lack of confidence reason enough to fire NRC chief
Lack of confidence reason enough to fire NRC chief
Could the chairman of the Nuclear Regulatory Commission be such a bully that his behavior is a threat to our nation's nuclear security?
That was the topic of debate during testimony at a hearing of the House Committee on Oversight and Government Reform last week.
Clearly, some folks who work closely with NRC Chairman Gregory Jaczko have big problems with his behavior. We're glad to know it's not just people like us, living in communities cleaning up decades of nuclear waste, who think the guy is a bad fit for a very important job.
Blue Ribbon Commission says U.S. should start looking for Yucca alternative
Blue Ribbon Commission says U.S. should start looking for Yucca alternative
WASHINGTON -- The United States should immediately start looking for an alternative to replace the Yucca Mountain nuclear waste repository in Nevada, which cost an estimated
$15 billion but was never completed, a presidential commission said Thursday.
In its final report, the 15-member Blue Ribbon Commission recommended immediate efforts to develop at least one geologic disposal facility for long-term handling of nuclear waste. Any effort to site a disposal facility must have community support, it said.
The report also suggested building regional storage sites that would be open for up to 100 years while officials seek to complete a permanent burial site.
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