Updated Sept. 23, 2004 by Dave Berlin

NUCLEAR WASTE STORAGE

Since the advent of nuclear power, scientists have looked for a way to store the hazardous byproducts.  After years of research scientists have concluded that Yucca Mountain, Nevada is the best place to store spent nuclear fuel.  Bringing all nuclear waste to one place will ensure that the refuse is properly disposed of and protected.  Twenty-two years in the making, the plan is poised to finally leap off the drawing board and be put into action.

Because spent nuclear fuel from commercial power plants and government defense activities was being stored throughout the country at sites that were not designed for that purpose, Congress enacted the Nuclear Waste Policy Act (NWPA) in 1982. The law mandated that the Department of Energy (DOE) begin to take custody of spent nuclear fuel and delivering it to a permanent national nuclear waste repository no later than January of 1998.

NWPA also created the Nuclear Waste Trust Fund to pay for the construction of the permanent repository. Customers who purchase electricity generated from nuclear power have been assessed a fee for that purpose and have so far deposited more than $22 billion into a trust fund.

However, the Clinton Administration dragged its feet on construction of the site and resolutely refused to take custody of the fuel.  That idleness has now led to at least 40,000 metric tons of spent nuclear fuel being stockpiled at 131 sites around the country.

DOE has lost every court battle in its effort to dodge responsibility for taking the fuel.  In 1996, the U.S. Court of Appeals for the District of Columbia ruled that the department must proceed with nuclear waste removal and storage. In January 1997, a court ruled that DOE could not claim it lacked authorization to take the fuel. The federal courts also found that the federal government (read: taxpayers) is now liable for paying for the on-site storage at nuclear facilities across the country. Those costs range from $34 to $56 billion, with some estimates as high as $80 billion. Then, in September, 2000, the U.S. Court of Appeals for the Federal Circuit gave three of the utilities the green light to pursue further legal action against DOE for failing to dispose of the nuclear waste that had been produced at the utilities' nuclear power plants. The ruling once again made it clear that this was not a contract dispute that could be resolved under the terms of the agreement between DOE and the utilities; it was a complete breach of the contract itself and therefore could be pursued in court.

In August 2004, the Department of Energy (DOE) settled a lawsuit by the Exelon Corp., the nation's largest nuclear power plant operator, for $80 million in past costs for nuclear fuel storage.  If Yucca Mountain stays closed, Exelon will get $300 million through 2010 and $600 million through 2015, after which the cost to keep waste on-site would escalate.  The Exelon case is one of 65 similar lawsuits filed against DOE.  The potential total liability for storing waste at nuclear plants could be more than $60 billion.

This trend signals big future losses to taxpayers and bad news for the 20 percent of electricity customers who depend upon nuclear power.  Utilities have been forced to construct temporary on-site storage facilities or arrange to have the spent fuel moved elsewhere.

The solution to all this financial meandering is, of course, Yucca Mountain.  After decades of dithering, it finally appears that the government might just get around to building the site.  Ignoring years of enthusiasm for Yucca Mountain among the science community, President Bush acquiesced to Nevadans in the 2000 campaign by telling them he would not support the project unless a thorough examination of the site resulted in a clean bill of environmental health and safety for state residents.

After more than $7 billion and years of repetitive research, it appears Congress and the President have finally come around, as President Bush signed House Joint Resolution 87 on July 23, 2002, allowing the Office of Civilian Radioactive Waste Management (OCRWM) to make solid progress on the Yucca Mountain campaign.  Currently, the DOE is preparing an application to obtain a license from the Nuclear Regulatory Commission to start construction on the site.  If the license is granted and construction begun in a timely fashion, the DOE believes Yucca Mountain could be operational by 2010.

One can only hope the stalling and pandering over Yucca Mountain is finally over.  But distressingly, presidential candidate John Kerry has promised not to put any waste at Yucca Mountain if elected in November.  Such a rash promise is a great way to pick up some electoral votes, but it also flies in the face of science and responsibility.

As long as the endless discussions continue to persist, tons of nuclear waste will sit in costly piles all over the U.S.  The sooner the waste can be moved to an exclusive, government-run site, the sooner taxpayers can stop shouldering unnecessary fees.  In addition, a well-guarded site in the desert ensures that potentially lethal materials will not be lost or stolen.