Beyond Nuclear - Yucca Mountain

Thank you to Don Hancock of Southwest Research Information Center of New Mexico for these updates from Capitol Hill:

The Republican majority, U.S. House of Representatives Rules Committee did not allow the Nevada Democrats' amendment to cut out the $90 million in Yucca Mountain funding for the U.S. Department of Energy (DOE) in FY18 (Fiscal Year 2018, which begins October 1, 2017).

The Rules Committee did allow their amendment to delete Section 507 of the bill:
"SEC. 507. None of the funds made available by this Act may be used to conduct closure of adjudicatory
functions, technical review, or support activities associated with the Yucca Mountain geologic repository license
application, or for actions that irrevocably remove the possibility that Yucca Mountain may be a repository option in the future."

Since presumably the House will pass the bill this week (since it funds the Pentagon, Military Construction, Congress, and nuclear weapons and water projects), the House will support the $120 million for Yucca Mountain licensing ($90 million for DOE and $30 million for the U.S. Nuclear Regulatory Commission, NRC), but will provide NO funds for consolidated storage (also known as centralized interim storage).

But the amendment to delete Section 507 failed by voice vote last night.

10:11:58 P.M. H.R. 3219 An amendment, offered by Mr. Kihuen, numbered 55 printed in House Report 115-259 to strike language that would prohibit closure of the Yucca Mountain project.

10:12:01 P.M. H.R. 3219 DEBATE - Pursuant to the provisions of H. Res. 473, the Committee of the Whole proceeded with 10 minutes of debate on the Kihuen amendment No. 55.

10:20:49 P.M. H.R. 3219 On agreeing to the Kihuen amendment; Failed by voice vote.

Update on July 27, 2017 by

admin

The funding for Nevada and others can be used to participate in the licensing process, but has lots of restrictions.

The Committee Report (H. Rpr. 115-230) includes the following:

"The Committee recommendation includes $90,000,000 for Nuclear
Waste Disposal to continue the Department of Energy’s statutorily
required activities for the Yucca Mountain license application.
Within available funds, the Department is directed to reestablish
its capability to respond to the Nuclear Regulatory Commission
during the adjudicatory process and to otherwise fully support the
Yucca Mountain licensing process. The recommendation includes
support for affected units of local government that have formally
consented to host Yucca Mountain." (p. 97).

But the actual bill (HR 3266) has extremely detailed and restrictive language, including how the Nevada AG and others can spend money:

"NUCLEAR WASTE DISPOSAL
For Department of Energy expenses necessary for
nuclear waste disposal activities to carry out the purposes
of the Nuclear Waste Policy Act of 1982, Public Law 97–
425, as amended (hereinafter referred to as the
‘‘NWPA’’), including the acquisition of any real property
or facility construction, or expansion, $90,000,000, to
remain available until expended, and to be derived from the
Nuclear Waste Fund: Provided, That of the funds made
available in this Act for nuclear waste disposal and defense
nuclear waste disposal activities, 1.62 percent shall be
provided to the Office of the Attorney General of the State
of Nevada solely for expenditures, other than salaries and
expenses of State employees, to conduct scientific
oversight responsibilities and participate in licensing activities
pursuant to the NWPA: Provided further, That of the
funds made available in this Act for nuclear waste disposal
and defense nuclear waste disposal activities, 2.91 percent
shall be provided to affected units of local government, as
defined in the NWPA, to conduct appropriate activities
and participate in licensing activities under Section 116(c)
of the NWPA: Provided further, That of the amounts
provided to affected units of local government, 7.5 percent
of the funds provided for the affected units of local
government shall be made available to affected units of local
government in California with the balance made available to
affected units of local government in Nevada for
distribution as determined by the Nevada affected units of local
government: Provided further, That of the funds made
available in this Act for nuclear waste disposal and defense
nuclear waste disposal activities, 0.16 percent shall be
provided to the affected Federally-recognized Indian tribes,
as defined in the NWPA, solely for expenditures, other
than salaries and expenses of tribal employees, to conduct
appropriate activities and participate in licensing activities
under section 118(b) of the NWPA: Provided further, That
of the funds made available in this Act for nuclear waste
disposal and defense nuclear waste disposal activities, 3.0
percent shall be provided to Nye County, Nevada, 0.05
percent shall be provided to Clark County, Nevada, and
0.46 percent shall be provided to the State of Nevada as
payment equal to taxes under section 116(c)(3) of the
NWPA: Provided further, That within 90 days of the
completion of each Federal fiscal year, the Office of the
Attorney General of the State of Nevada, each affected
Federally-recognized Indian tribe, and each of the affected units
of local government shall provide certification to the
Department of Energy that all funds expended from such
payments have been expended for activities authorized by
the NWPA and this Act: Provided further, That failure
to provide such certification shall cause such entity to be
prohibited from any further funding provided for similar
activities: Provided further, That none of the funds herein
appropriated may be: (1) used for litigation expenses; or
(2) used for interim storage activities; or (3) used to
support multi-State efforts or other coalition building
activities inconsistent with the restrictions contained in this
Act: Provided further, That all proceeds and recoveries
realized by the Secretary in carrying out activities
authorized by the NWPA, including but not limited to any
proceeds from the sale of assets, shall be credited to this
account, to remain available until expended, for carrying out
the purposes of this account."