Key Issues
Repository Development
In June 2008, the U.S. Department of Energy submitted to the U.S. Nuclear Regulatory Commission a license application to build a deep geologic repository for used nuclear fuel and other high-level radioactive waste at Yucca Mountain, Nev., a remote desert location.
Government Mandates Used Nuclear Fuel Repository
Congress passed legislation in 1982 directing the U.S. Department of Energy (DOE) to build and operate a deep geologic repository for used nuclear fuel and other high-level radioactive waste. Under this legislation—the Nuclear Waste Policy Act—Congress set a deadline of 1998 for DOE to begin moving used nuclear fuel from nuclear power plants. DOE also must complete construction of fuel acceptance facilities at the site and prepare for transportation of used fuel to the site.Because of delays, however, the 1998 deadline is long past due. DOE does not expect to open the repository until at least 2020, more than 20 years later than originally planned.
Legislation Creates Nuclear Waste Fund
To fund the federal program, the 1982 legislation established the Nuclear Waste Fund. Beginning in 1983, consumers of electricity produced at nuclear power plants have paid a fee into the fund of one-tenth of a cent for every kilowatt-hour of electricity produced. Commitments to the Nuclear Waste Fund, including interest, now total over $33 billion.
To fund the federal program, the 1982 legislation established the Nuclear Waste Fund. Beginning in 1983, consumers of electricity produced at nuclear power plants have paid a fee into the fund of one-tenth of a cent for every kilowatt-hour of electricity produced. Commitments to the Nuclear Waste Fund, including interest, now total over $33 billion.
DOE Submits Yucca Mountain License Application
In 1987, Congress adopted an amendment to the Nuclear Waste Policy Act that directed DOE to study Yucca Mountain, Nev.—a remote desert location—as the site for a potential repository for geologic disposal of used nuclear fuel.DOE’s study of the site was delayed until 1992, partly because Nevada refused to issue the environmental permits needed for surface-disturbing work. After several court cases, the state issued the permits, and DOE began its studies.
In 1994, DOE started building a system of tunnels at the site. Scientists conducted extensive volcanic, seismic, geological, hydrological and geochemical studies in these tunnels to assess how a repository would perform over tens of thousands of years. DOE published the results of these scientific and technical analyses in a comprehensive evaluation of the site that demonstrated a Yucca Mountain repository is capable of protecting public health and safety.
Based on this comprehensive evaluation, in 2002 Congress and President George W. Bush approved Yucca Mountain, Nev., as the site of the repository. In June 2008, DOE submitted a license application to the U.S. Nuclear Regulatory Commission in 2008 to build the repository.
In 2009, the Obama administration announced plans to terminate the Yucca Mountain program and will empanel a blue-ribbon commission of experts to study alternatives. However, the NRC's Yucca Mountain repository license application review process will continue.
Need for Repository
The development and commercialization of recycling technologies is decades away. The pursuit of these technologies does not relieve the federal government of its statutory responsibility to provide a disposal facility. Even when fully operational, recycling technologies will produce byproducts that require a permanent repository.
