Briefing set on Yucca challenge

Nevada wants commissioner to recuse himself

WASHINGTON — A federal appeals court has scheduled a briefing on Nevada’s legal challenge to Nuclear Regulatory Commissioner David Wright’s participation in decisions involving Yucca Mountain and nuclear waste storage at the proposed site, officials said Friday.

The U.S. District Court of Appeals for the District of Columbia Circuit has instructed Nevada and the NRC to prepare motions by Oct. 15 and has scheduled a hearing in the case State of Nevada v. USNRC.

Nevada claims Wright’s involvement in NRC licensing decisions on Yucca Mountain would violate the state’s constitutional right to a fair, unbiased review because of the commissioner’s past comments supporting the site and his heading a task force advocating the location for nuclear storage.

Wright informed Nevada on July 2 that he would not recuse himself from decision-making and said his previous comments were in general support of the need to provide longterm storage for nuclear waste being stockpiled at power plants.

Gov. Brian Sandoval has vowed to fight Trump administration plans to revive NRC hearings on the Department of Energy’s license application to build a repository at Yucca Mountain, a process expected to last several years.

Sandoval has instructed his Agency for Nuclear Projects to fight federal efforts to store nuclear waste in the state.

The lawsuit filed this week seeking Wright’s recusal was coordinated by that agency and through the Nevada attorney general.

“The licensing proceeding has been one of the most critical battlefields in the fight against Yucca Mountain,” Sandoval said in a statement.

Nevada Attorney General Adam Paul Laxalt said, “Our team will bring every available weapon to this fight.”

The state’s congressional delegation also is opposed to the DOE application.

Nevada rural counties, including Nye County, where Yucca Mountain is located, support the licensing process to determine whether the site is viable for long-term storage of waste, which would bring high-paying federal jobs and contractors to the region.

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