Yucca Mountain Nuclear Waste Repository - Background

Background

Spent nuclear fuel is the radioactive by-product of electric power generation at commercial nuclear power plants, and high-level radioactive waste is the by-product from reprocessing spent fuel to produce fissile material for nuclear weapons. In 1982, the United States Congress established a national policy to solve the problem of nuclear waste disposal. This policy is a federal law called the Nuclear Waste Policy Act, which made the U.S. Department of Energy responsible for finding a site, building, and operating an underground disposal facility called a geologic repository. The recommendation to use a geologic repository dates back to 1957 when the National Academy of Sciences recommended that the best means of protecting the environment and public health and safety would be to dispose of the waste in rock deep underground.

The Department of Energy began studying Yucca Mountain in 1978 to determine whether it would be suitable for the nation's first long-term geologic repository for over 70,000 metric tons (69,000 long tons; 77,000 short tons) (150 million pounds) of spent nuclear fuel and high-level radioactive waste currently stored at 121 sites around the nation. An estimated 10,000 metric tons (9,800 long tons; 11,000 short tons) of the waste would be from America's military nuclear programs. On December 19, 1984, the Department of Energy selected ten locations in six states for consideration as potential repository sites. This was based on data collected for nearly ten years. The ten sites were studied and results of these preliminary studies were reported in 1985. Based on these reports, President Ronald Reagan approved three sites for intensive scientific study called site characterization. The three sites were Hanford, Washington; Deaf Smith County, Texas; and Yucca Mountain. In 1987, Congress amended the Nuclear Waste Policy Act and directed DOE to study only Yucca Mountain, which is already located within a former nuclear test site. The Act provided that if during Site Characterization the Yucca Mountain location is found unsuitable, studies will be stopped immediately. This option expired when the site was actually recommended by the President. On July 23, 2002, President George W. Bush signed House Joint Resolution 87, (Pub.L. 107-200) allowing the DOE to take the next step in establishing a safe repository in which to store the country's nuclear waste. The Department of Energy was to begin accepting spent fuel at the Yucca Mountain Repository by January 31, 1998 but did not do so because of a series of delays due to legal challenges, concerns over how to transport nuclear waste to the facility, and political pressures resulting in underfunding of the construction.

On July 18, 2006 the DOE proposed March 31, 2017 as the date to open the facility and begin accepting waste based on full funding. On September 8, 2006 Ward (Edward) Sproat, a nuclear industry executive formerly of PECO energy in Pennsylvania, was nominated by President Bush to lead the Yucca Mountain Project. Following the 2006 mid-term Congressional elections, Democratic Nevada Senator Harry Reid, a longtime opponent of the repository, became the Senate Majority Leader, putting him in a position to greatly affect the future of the project. Reid has said that he would continue to work to block completion of the project, and is quoted as having said: "Yucca Mountain is dead. It'll never happen."

In the 2008 Omnibus Spending Bill, the Yucca Mountain Project's budget was reduced to $390 million. Despite this cut in funding, the project was able to reallocate resources and delay transportation expenditures to complete the License Application for submission on June 3, 2008. Lacking an operating repository, however, the federal government owes to the utilities somewhere between $300 and $500 million per year in compensation for failing to comply with the contract it signed to take the spent nuclear fuel by 1998.

During his 2008 presidential campaign, Barack Obama promised to abandon the Yucca Mountain project. After his election, the Nuclear Regulatory Commission told Obama he did not have the ability to do so. On April 23, 2009, Lindsey Graham (R-South Carolina) and eight other senators introduced legislation to provide "rebates" from a $30 billion federally managed fund into which nuclear power plants had been paying, so as to refund all collected funds if the project was in fact cancelled by Congress.