CHALLENGERS TO NRC’S YUCCA CLOSEOUT CITE $10M IN CARRYOVER FUNDS

Challengers in an ongoing lawsuit on the Nuclear Regulatory Commission’s closeout of its review of Yucca Mountain say that the agency has enough money to continue with the review. While NRC said in a brief filed earlier this month in the court battle that it did not have enough funds to complete its review, the challengers note that the NRC states it has $9.995 million in carryover funds for considering the Yucca Mountain license application. “Respondents’ justifications for their failure to act, all of which center on alleged budget concerns, do not provide a reasonable basis for their violations,” petitioners including the National Association of Regulatory Utility Commissioners, Washington state and South Carolina wrote in a reply brief filed yesterday in the U.S. Court of Appeals for the D.C. Circuit. The legal challenge would force the NRC to restart its repository review, which it halted in 2010. The petitioners add. “Neither the facts nor the law support Respondents’ argument that ‘declining budget trends’ and speculation as to future budget justify abdicating mandatory duties.” Oral arguments in the case are scheduled for May 2.