November 2001

To learn more about this and other issues Critical Mass Energy and

Environment Program works on, visit our website at www.citizen.org

Public Citizen's Critical Mass Energy and Environment Program

Demand Integrity in the Yucca Mountain Project!

On November 14, the Department of Energy (DOE) announced a supplemental public comment period on the Secretary of Energy's intention to recommend that a nuclear waste dump be developed at Yucca Mountain, Nevada. The comment period closes on December 14, 2001.

A 1987 amendment to the Nuclear Waste Policy Act of 1982 directed the DOE to assess the suitability of Yucca Mountain - located about 80 miles northwest of Las Vegas - for a proposed nuclear waste repository. 77,000 tons of high-level radioactive waste from commercial nuclear reactors and the DOE weapons complex would be shipped to the proposed dump, which lies in an earthquake zone and above a freshwater aquifer. Routing projections indicate that high-level radioactive waste shipments would likely pass within half a mile of the homes, schools, and workplaces of 50 million Americans in as many as 45 states en route to Yucca Mountain.

If the Secretary of Energy issues a favorable review of the Yucca Mountain dump proposal, the president will likely refer the recommendation to Congress where the State of Nevada's objections could be overridden by majority vote.

The DOE is required to consider public comments before formally recommending the Yucca Mountain site. The initial comment period, which closed on October 19, was widely criticized as inadequate since several key documents and regulations were not available to the public at that time. In response, the DOE has initiated this supplemental 30-day comment period.

Some supplemental information is now available, but the DOE has still not released the final Environmental Impact Statement for the repository project or specified plans for transporting waste across the country. Concerns about security in light of the new terrorist threat have not been adequately addressed either. The DOE should not be considering a site recommendation with these public health and safety issues unresolved.

Furthermore, a recent report by the DOE Inspector General pointed to a potential conflict of interest that suggests a pro-industry bias within the Yucca Mountain Project. According to the report, the law firm Winston & Strawn, counsel to the DOE's Yucca Mountain Project since 1992, was simultaneously registered as a member of and lobbyist for the Nuclear Energy Institute, an industry association that advocates in favor of the proposed nuclear waste dump. The public cannot be expected to have confidence in a site recommendation issued by an agency that so obviously fails to maintain impartiality.

Send comments to the DOE urging the Secretary to shelve all site recommendation activities and initiate a thorough review of the causes and consequences of contractor conflict of interest within the Yucca Mountain Project. Be sure to copy your comments to your Members of Congress. See other side for sample letter and addresses.

To receive Radioactive Roads and Rails "Action of the Month" alerts by e-mail, send your name and address to cmep@citizen.org

SAMPLE LETTER to DOE and CONGRESS

Carol Hanlon, DOE

Yucca Mountain Site Characterization Office (M/S #205)

P.O. Box 364629

North Las Vegas, NV 89036-8629

E-mail: YMP_SR@ymp.gov

Fax: 1-800-967-0739

Dear Ms. Hanlon:

I am writing to urge Energy Secretary Abraham to abandon the Yucca Mountain Project. The DOE's efforts to revise the Siting Guidelines and rely on "engineered barriers" indicate a dangerous departure from the concept of geologic containment and do not mask the many problems that should disqualify the repository proposal.

At best, the Secretary's consideration of site recommendation is premature. The Nuclear Regulatory Commission's Sufficiency Review comments make it clear that additional research and analysis are required to substantiate the repository proposal. In addition, the DOE has not yet detailed a scenario for transporting waste to Yucca Mountain, finalized the Environmental Impact Statement, or addressed security concerns in the context of the new terrorist threat.

Furthermore, indications of contractor conflict of interest and pro-industry bias within the Yucca Mountain Project, as reported recently by the agency's own Inspector General, seriously undermine the integrity of the DOE's process. The public cannot be expected to have confidence in a site recommendation issued by an agency that so obviously fails to maintain impartiality.

The DOE should indefinitely shelve all site recommendation activities and initiate a thorough review of the causes and consequences of contractor conflict of interest within the Yucca Mountain Project.

Sincerely,

[YOUR NAME]

[YOUR ADDRESS]

cc. The Honorable [NAME OF SENATORS]

United States Senate*

Washington, DC 20510

The Honorable [NAME OF REPRESENTATIVE]

United States House of Representatives*

Washington, DC 20515

* With some Congressional offices still closed and continuing delays in Capitol mail delivery, it helps to contact district offices, too. For addresses and fax numbers call the Capitol Switchboard at (202) 244-3121 or visit www.house.gov and www.senate.gov.

_________________