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Official: Don't write program's obituary

Sproat promotes viability of waste project

WASHINGTON -- Despite pronouncements that the Yucca Mountain nuclear waste site is as good as dead when Barack Obama becomes president, the outgoing project director cautioned Thursday against throwing dirt on the grave just yet.

Ward Sproat, Department of Energy director of the Office of Civilian Radioactive Waste Management, suggested Obama may find it difficult to end the nuclear waste program despite pledges during the presidential campaign that he would bring it to a halt.


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  • "All I will say is there is a difference between political rhetoric and political reality and this program has both," Sproat said in a presentation to a National Academy of Sciences board.

    "Part of the political reality is there are 39 states that have high level nuclear waste and want it out," Sproat said. "I have my own sense of what I think could happen but I am not ready to place bets yet on how it is going to play out."

    Speaking to reporters afterwards Sproat declined to give a more detailed prediction, but said it would include the Yucca project remaining alive while the Nuclear Regulatory Commission continues to evaluate the science that DOE compiled for a construction license application.

    But even if the project remains active, Sproat said it will continue to struggle with obtaining necessary funding from Congress and dealing with political opposition. Nevada officials and other critics argue the site is unsuitable and that the Department of Energy has mismanaged the effort.

    Sen. Harry Reid, D-Nev., its chief critic, has engineered a series of budget cuts in recent years that have caused delays, worker layoffs and several DOE retoolings.

    A possible opening date for the site where 70,000 metric tons of commercial spent nuclear fuel would be buried at the site 100 miles northwest of Las Vegas has been pushed back several times to beyond 2020.

    Sproat said a firm date cannot be set until the project is financially secure.

    Sproat's presentation to the academy's Board of Nuclear and Radiation Studies was possibly his final public appearance as Yucca project director. He was appointed to the post two years ago by President Bush, and is planning to resign in January.

    During the presidential campaign, Obama was critical of the nuclear waste project and said he preferred keeping nuclear waste stored at power plants until an alternative to Yucca Mountain could be found.

    Reid has said he and Obama have discussed Yucca Mountain several times since the election, and the repository program "is history."

    A Reid spokesman said Thursday that Sproat was being disingenuous by implying that a Yucca repository will remove all waste from utility sites. Most of them will continue generating nuclear waste even as older fuel is shipped off.

    "This is an example of the type of misleading remarks we have seen from dump supporters," spokesman Jon Summers said. "Now we have a president who is committed to killing the project," Summers said.

    Sproat, a former executive with the Exelon power corporation, has been credited by the nuclear industry with revitalizing the Yucca Mountain Project that had been spinning its wheels for close to a decade, culminating in completion over the summer of a repository application.

    Still, the future remains cloudy. Marty Malsch, an attorney representing the state of Nevada, told the nuclear studies board that "important parts" of the license application "are of very poor quality," and will be challenged before the NRC.

    By STEVE TETREAULT

    STEPHENS WASHINGTON BUREAU

    WASHINGTON -- Despite pronouncements that the Yucca Mountain nuclear waste site is as good as dead when Barack Obama becomes president, the outgoing project director cautioned Thursday against throwing dirt on the grave just yet.

    Ward Sproat, Department of Energy director of the Office of Civilian Radioactive Waste Management, suggested Obama may find it difficult to end the nuclear waste program despite pledges during the presidential campaign that he would bring it to a halt.

    "All I will say is there is a difference between political rhetoric and political reality and this program has both," Sproat said in a presentation to a National Academy of Sciences board.

    "Part of the political reality is there are 39 states that have high level nuclear waste and want it out," Sproat said. "I have my own sense of what I think could happen but I am not ready to place bets yet on how it is going to play out."

    Speaking to reporters afterwards Sproat declined to give a more detailed prediction, but said it would include the Yucca project remaining alive while the Nuclear Regulatory Commission continues to evaluate the science that DOE compiled for a construction license application.

    But even if the project remains active, Sproat said it will continue to struggle with obtaining necessary funding from Congress and dealing with political opposition. Nevada officials and other critics argue the site is unsuitable and that the Department of Energy has mismanaged the effort.

    Sen. Harry Reid, D-Nev., its chief critic, has engineered a series of budget cuts in recent years that have caused delays, worker layoffs and several DOE retoolings.

    A possible opening date for the site where 70,000 metric tons of commercial spent nuclear fuel would be buried at the site 100 miles northwest of Las Vegas has been pushed back several times to beyond 2020. Sproat said a firm date cannot be set until the project is financially secure.

    Sproat's presentation to the academy's Board of Nuclear and Radiation Studies was possibly his final public appearance as Yucca project director. He was appointed to the post two years ago by President Bush, and is planning to resign in January in advance of Obama taking office.

    During the presidential campaign, Obama was critical of the nuclear waste project and said he preferred keeping nuclear waste stored at power plants until an alternative to Yucca Mountain could be found.

    Reid has said he and Obama have discussed Yucca Mountain several times since the election, and the repository program "is history."

    A Reid spokesman said Thursday that Sproat was being disingenuous by implying that a Yucca repository will remove all waste from utility sites. Most of them will continue generating nuclear waste even as older fuel is shipped off.

    "This is an example of the type of misleading remarks we have seen from dump supporters," spokesman Jon Summers said.

    "Now we have a president who is committed to killing the project," Summers said. "He has made that promise and there is no reason to think he won't keep it."

    Sproat, a former executive with the Exelon power corporation, has been credited by the nuclear industry with revitalizing the Yucca Mountain Project that had been spinning its wheels for close to a decade, culminating in completion over the summer of a repository application.

    Still, the future remains cloudy.

    Marty Malsch, an attorney representing the state of Nevada, told the nuclear studies board that "important parts" of the license application "are of very poor quality," and will be challenged before the NRC.

    Malsch said the state later this month will be filing about 250 technical challenges to the license application.

    Contact Stephens Washington Bureau Chief Steve Tetreault at stetreault@stephensmedia.com or 202-783-1780.

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    Skeptical Nevadan wrote on December 09, 2008 11:55 AM: Some other points worth noting:

    Martin Malsch, Esq., who provides legal services to the State through his "Hack & Quack" law firm, has a pretty poor record with respect to motions before the court of appeals or the NRC. Just look at the record (freely available online) of rejected motions and appeals; more importantly, read between the lines of the court's or NRC's opinions and you'll get something of the flavor of these proceedings. In many cases, there is palpable contempt (or pity) for the amateurish quality of motions filed by or on behalf of the State.

    Frankly, it's an embarrassment. Which is to say that Malsch and other of the State's hired legal flacks are in no position to judge the quality of the DOE's license application. At best, they can find legal loopholes or mount procedural challenges. As far as the technical merits are concerned, they simply lack the intellectual resources needed to draw any legitimate conclusions.

    It should also be noted that a good number of the State's contentions will likely be thrown out by the Atomic Safety and Licensing Board, primarily because they will be judged insufficient (translation: ridiculous or irrelevant). I would wager that not even half of Malsch's quoted 250 contentions make it through, and that's being very generous.

    Let's face it: The kind of legal chaff the State has generated so far is shamefully inadequate and often frivolous -- the kind of thing that makes you reconsider the very concept of due process.


    Skeptical Nevadan wrote on December 09, 2008 11:32 AM: No offense, but many of the people who post in these blogs really need to crack open a book or do some pointing and clicking before they spout off. If we could only harness the power of the ignorance displayed in these blogs, we could abandon nuclear energy entirely, and fossil fuels with it.

    Helenweils: Read up on the current state of nuclear fuel reprocessing, especially France's experience with the practice. There is no guarantee that it is "gold" or even as economically sensible as the current "once-through" system in the U.S. Frank von Hippel recently wrote a good article on the disadvantages of reprocessing (available online from the Scientific American), so the story isn't as rosy as some politicians would have you believe. And by the way, there are many "dummycrats" (such as myself and many members of Congress) who are in favor of the repository. The real dividing line happens to involve membership in Nevada's congressional delegation, versus membership in most other states' delegations. Both "repugnicans" and "dummycrats" in Nevada have always opposed the repository, which speaks to their intellectual weakness as politicians and their willingness to cave in to purely political pressure (as opposed to scientific evidence).

    Frank: Bone up on basic legislative practice here in the U.S. Reacquaint yourself with how laws are passed and implemented. Look at Public Law 107-200, passed as a joint resolution by the 107th Congress in 2002. Also, look into the Nuclear Waste Policy Act, as amended, and also the Code of Federal Regulations at 10 CFR Part 63. We have a legislative process here in the U.S. We don't just snap our fingers and overturn this process because a few congresspersons from a single state have bees in their bonnets.


    Clarification Please... wrote on December 06, 2008 12:00 AM: Frank wrote on December 05, 2008 03:31 AM:

    "The obituary was written in 1986. This was a profit-driven bad idea from the start, and it's refreshing to see it on its deathbed. Let's put it out of our misery once and for all."

    Hey Frank,
    Are you talking about Yucca Mountain?

    Profit Driven - Bad Idea - Death Bed - Misery...

    It sounds more like you're referring to HARRY "STINKY PINKY" REID and his illustrious career.


    HELENWEILS wrote on December 05, 2008 10:36 AM: Why kill the golden goose that lays the golden egg?

    We should negotiate for a couple of billion a year to pay us.

    Then we have access to the "gold" of nuclear waste which can now be reprocessed for even more money.

    It is Sooooo typical of short sighted

    dummycrats. Even FRANCE uses nuclear and reprocesses. And we all know how left wing socialist those idiots are!


    HELENWEILS wrote on December 05, 2008 10:35 AM: Why kill the golden goose that lays the golden egg?
    We should negotiate for a couple of billion a year to pay us.
    Then we have access to the "gold" of nuclear waste which can now be reprocessed for even more money.
    It is Sooooo typical of short sighted
    dummycrats. Even FRANCE uses nuclear and reprocesses. And we all know how left wing socialist those idiots are!


    Then change the law wrote on December 05, 2008 08:59 AM: Great, Frank. Then change the law. That's how the system works.

    Right now, we have a law that says Yucca is the place and the Nuclear Regulatory Commission gets to decide if it's safe.

    That same law says electricity customers (not taxpayers) must pay for the disposal of spent nuclear fuel, and they have done so to the tune of $21 billion since 1983.

    Instead of following that law, we have a senator who has hijacked most of that $21 billion and is single-handedly preventing a nationwide environmental cleanup.

    If you think Yucca is so bad, change the law, Frank. That's how it works.


    Frank wrote on December 05, 2008 03:31 AM: The obituary was written in 1986. This was a profit-driven bad idea from the start, and it's refreshing to see it on its deathbed. Let's put it out of our misery once and for all.