Lake Barrett LLNL Consultant (lake@lbarrett) November 11, 2008

1. The Yucca Mountain Project, Historical Perspective-Interactions with Congress and Oversight Bodies Lake Barrett LLNL Consultant (lake@lbarrett.com) November 11, 2008

2. GenericProgram Evolution • Recognition of Need To Do Something • Establishment of Initial Program • Implementation of Program • Feedback from experiences • Revisions to Program • Program Survival, Termination, or Major Redirection

3. Waste Management Policy Drivers Dynamic Interaction Over Time of: • Technology • Economics • Sociological/Psychological Perspectives • Democratic Government Processes -Legislative -Executive -Judicial • Politics -Constituent -Other

4. Early Program Difficulties-Call To Action • Government Technology Will Solve • 1957-U.S. Academy of Sciences :Geological Disposal • Nuclear Expansion Accelerates • 1972: Lyons Kansas Salt Site Selection Failure • 1974: Energy & Economic Changes • -Economic slowdown & High Interest Rates • -Nuclear Energy Slows & Fuel Reprocessing Halted • Environmental & Anti-Nuclear Movement • -Three Mile Island • New National Waste Policy Need Recognized

5. National Nuclear Waste Policy Development (1977-1982) • Congress Debates National Waste Policy -Atmosphere of Federal Distrust: Watergate & TMI • Utilities Wanted Off Site Storage • Anti Nuclear Groups Wanted no Off Site Fuel Storage/Reprocessing • States & Native Americans Wanted Site Disapproval Power • East/West Regional Equity Issue • Who should Pay, How Much & When Perform • What Organization Should Implement

6. Nuclear Waste Policy Act of 1982 -Political Consensus Achieved • DOE to Build Two Deep Repositories • -Independent Regulation by EPA/NRC • -West and East Repositories for Regional Equity • -Develop Proposal for Storage Facility (MRS) • Paid for by Waste Generators under legal contract • -January 1998 Start Date • Final Repository selected by scientific comparison to determine “best” site. • -Three sites to be characterized underground • Specific balance of power between Federal, State/Tribal, and Local Governments

7. US ORGANIZATIONAL STRUCTURE Nuclear Regulatory Commission Nuclear Waste Technical Review Board (Added 1987) NGOs Local Governments State Governments Nuclear Utilities US Federal Government President Legislative Judicial Office of Management & Budget Defense Dept Environ Prot Agency Energy Dept Justice Dept Office of Environ Mgmt Nuclear Security Administration Office of Civilian Waste Management Office of Nuclear Energy Navy Yucca Mountain Repository Transportation Management

8. Project Regulators, Oversight, and Interested Parties Review • National Academy of Sciences • Nuclear Waste Technical Review Board • Advisory Committee on Nuclear Waste Oversight • Federal Government • General Accounting Office • State/Local Government • Other Stakeholders • Host State and Affected Counties Regulation • Nuclear Regulatory Commission • Environmental Protection Agency • Department of Transportation The White House Congress • Federal Agencies • Federal Emergency Mgmt. Agency • Dept. of the Interior • Dept of Labor • US Geological Survey • Other Interest Groups • Professional Societies and Organizations • Environmental Groups • Public Interest Groups • States/Regional Organizations State, Tribal & Local Govmnts • Public • Media • Academic Institutions • Citizens • Civic Groups • Educational Organizations • Transportation Industry • Cask Designers and Manufacturers • Carriers & Transportation Service Contractors • Electric Utilities • Utility Transportation • Groups • Utility Technical & Information Groups • International • International Governments • International Agencies • International Organizations • Nation’s Ratepayers • National Association of Regulatory Utility Commissioners • Nuclear Waste Strategy Coalition

9. Initial Progress & Setbacks (1983-86) • Office Of Civilian Radioactive Waste Office Formed • Open & Transparent Process Begins • -Environmental Assessments of 9 Sites Issued & 3 Selected • High State Resistance • -Election Partisan Politics Intrude • -Information Demands Explode • -Near Zero Uncertainty/Risk demanded • Schedules Slip and Costs Increase • -Repository schedule slips from 1998 to 2010 • -Site Characterization from $60M to $1B each • Second (Eastern) Repository Work Stopped

10. Nuclear Waste Policy Act, Amended 1987-Limited Congressional Debate with Strong Special Interests • Limited investigations to only Yucca Mountain • -Cost & Political expediency • Established Nuclear Waste Negotiator • -to find a State or Tribe volunteer to host a repository or monitored retrievable storage site • -authorization expired in 1994 • Established the Nuclear Waste Technical Review Board • -Additional independent oversight

11. Program Stagnation (1988-1992) • Nevada Infuriated & Increased Opposition • Stops site work by withholding diesel engine air permits • Site Characterization Alternatives Extensively Analyzed • e.g. NWTRB recommends ramps instead of shafts • Utility & State Regulators Become Frustrated • Criticize DOE & Threaten lawsuits • Congress Dissatisfied & Cuts Funding to DOE • Congress Creates New Environmental Stds Process • Nevada finally forced to issue air permits • Internal Management Issues Delay Work

12. Program Recovery and Progress (1993-2000) • Management Change & New Program Focus • Started Tunnel at Yucca Mountain • Yucca Scientific Work Sustained • -10 km tunnel completed • -“Viability Assessment” completed • -Environmental Statements Issued • Congressional Proposal for Interim Storage is defeated by one Senate vote • Program Budgets Reduced By Congress • Site Decision Process Initiation Delayed in 2000 • -Presidential election

13. National Site Decision Progress (2001) • Bush Administration & Cheney Energy Policy Issued • EPA Yucca Mtn Environmental Standard Issued • -How safe is “safe enough”? • DOE Secretary Abraham Reviews Program In Depth • NWPA Site Designation Process Allowed to Proceed if: • -The Secretary & President concludes That The Site Scientifically Meets EPA/NRC/DOE Standards • -Strict Compliance with Legislated Administrative Processes • The Site Decision Process • -External Reviews • -Comprehensive Public Interaction • -Sustaining Timely Political Decisions • Secretary Abraham Recommends Approval to President Bush

14. National Site Decision (2002) • President Bush Meets With Nevada Governor • President Bush Designates Site • Nevada Governor Disapproves Site • Congress overrides Nevada Disapproval • -House vote: 306 to 117 • -Senate vote: 60 (45R & 15D)to 39 • Nevada Continues Legal Fight Against Site Designation -Administrative Processes -Transportation -DOE, NRC & EPA Standards • Nevada Senator Reid Continues to Reduce Budgets

15. Yucca Situation (2003-2007) • Yucca Technical Work proceeds: • -Addresses NWTRB Corrosion Issue • Federal Court rejects all Nevada Lawsuit claims except for the EPA Yucca Standard, which it remands to EPA & NRC for action, creating licensing uncertainty • Yucca License Application Administrative Records Preparation process has legal difficulties • Falsification of QA Documents Issue • Surface Receiving Facility Design Difficulties • -Schedule/Capability Tradeoff Problems • Schedule Not Achieved & Management Changes • Congressional Dissatisfaction & Budget Reductions

16. Yucca Situation- 2008 • Major DOE Organizational Improvements • License Application Submitted and Docketed by NRC • Funding Reduced, but Sufficient for Licensing But Political Policy Situation Has Shifted and the Future Policy Direction is being Considered

17. Nuclear Fuel Policy Situation- 2008 • Broad National & International Security & Energy Influences • Re-Emergence of SNF Recycling/Reprocessing • Political Congressional Trends • -Senator Reid-Majority Leader • Nuclear Utility Lawsuit Liability • Nuclear Industry Congressional Issue Prioritization • US Preparing for New Congressional Considerations • -New Government Entity • -Funding Arrangement • -Alternatives Consideration • Congress Awaits the New President & New Congress

18. Yucca & Nevada/National Politics • Nevada Media Sources Are Very Anti Yucca • Nevada Politicians Are Very Sensitive to the Yucca Issue and take an “anti” position • In the 2000 Presidential Election, Mr. Bush’s & Mr. Gore’s Yucca Positions were similar: • -“I will base my decisions on sound science” • Mr. Bush won Nevada by a few percent in 2000 • Nevada Democrats Later Accused Republican President Bush of lying to them, claiming that his site designation decision was not based on “sound science”.

19. Yucca & 2004 Presidential Election • In 2004 National election was initially close, and Nevada was a battleground State. • Senator Kerry, seeking an edge over President Bush, publicly state (in Nevada only) that he will “stop” Yucca if he is elected President because he considers the science “unsafe & unsound” • President Bush, defending himself, stood by the science saying he will let the independent technical experts (NRC) and Courts decide the fate of Yucca Mountain. • President Bush narrowly won Nevada, but by a slightly less margin than similar states

20. Yucca & 2008 Presidential Election • In 2008 Nevada was also significant battleground in the Democratic Candidate Selection Process with Democratic candidates vying for Democratic voters in the early caucus • Senator Clinton Stated: • -“Yucca Mountain is not a safe place to store spent fuel” • -"I will not go forward with Yucca Mountain. My administration will not proceed with Yucca Mountain.“ • Senator Obama Stated: • -“I believe that it is no longer a sustainable federal policy for Yucca Mountain to be considered as a permanent repository. Instead of re-examining the 20-year licensing process and the billions of dollars that have already been spent, the time has come for the federal government to refocus its resources on finding more viable alternatives for the storage of spent nuclear fuel. Among the possible alternatives that should be considered are finding another state willing to serve as a permanent national repository or creating regional storage repositories. The federal government should also redirect resources toward improving the safety and security of spent fuel at plant sites around the country until a safe, long-term solution can be implemented.”

21. Yucca & 2008 Presidential Election-Cont • Nevada Remains a Battleground State • Senator McCain has generally been supportive of Yucca Mountain, however he has expressed an interest in Reprocessing and International Nuclear Fuel Management alternatives • Senator Obama has maintains his position stated previously. • The new (most likely more Democratic) Congress Awaits Input from the next President. • -Several Nuclear Supportive Senators will not return

22. Lessons Learned • Do everything Possible to Keep Your Program From Becoming a Political Election Issue • Beware that Politicians can and will take Scientific Work out of Context • -Oversight Groups must be especially careful e.g. Senator Kerry’s references in 2004 • Do good science, follow regulatory processes Meticulously, and communicate effectively to maintain a sustainable political base.

23. SUMMARY • The US is currently entering an important period of consideration of national and global energy, environment and security and nuclear energy. • Nuclear Fuel Management and Disposition is Critical • History Repeats Itself, however slightly different • The DOE, NRC and EPA have made significant progress in 2008, However • The New President & 111th Congress will make decisions regarding Yucca direction and alternatives/changes.