Official at NRC nixes Nevada’s recusal request

WASHINGTON — A Nuclear Regulatory Commission member whose impartiality on the Yucca Mountain project was challenged by Nevada has refused a request that he recuse himself from any proceedings related to the proposed nuclear waste repository.

Nevada last month asked Commissioner David Wright to recuse himself in any federal decision on Yucca Mountain because of his public comments critical of local opposition to the project and his past advocacy for storing waste at the site while he was a member of the Yucca Mountain Task Force from 2005 to 2010.

Wright issued a response Monday. “My limited participation was not related to the merits of the proceeding, and my public statements were intended as general support for a long-term nuclear waste solution,” he said in the statement.

In short, he said, “I have not prejudged the technical, legal, or policy issues in the licensing proceeding.”

Nevada officials said Wright’s decision provides the state with a legal avenue to challenge future adverse decisions by the NRC.

“His participation will now violate Nevada’s due process right to an unbiased decision-maker and flout established norms that have been followed by other NRC commissioners throughout the commission’s 43-year history,” said Bob Halstead, executive director of the Nevada Agency for Nuclear Projects. “Every commission decision he participates in will now be irrevocably tainted. If the licensing proceeding should ever resume and proceed to completion, judicial remedies will be available to Nevada to reverse every commission decision on which Commissioner Wright participated.”

Rep. Dina Titus, D-nev., said she was not surprised by Wright’s refusal to step back.

“Considering the number of individuals in the Trump administration with conflicts of interest, it should come as no surprise that one of the leading advocates for turning Nevada into the nation’s nuclear waste dump would refuse to acknowledge his long-standing bias,” she said in a statement.

Legislation passed by the House would allow procedures to expedite adjudication of “contentions,” or challenges that must be heard and considered by the NRC.

Nevada has filed more than 200 contentions to the Department of Energy license application.

Contact Gary Martin at gmartin@ reviewjournal.com or at 202-662-7390. Follow @garymartindc on Twitter.