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. A year later, President Obama announced plans to discontinue the Yucca Mountain project and empanel a blue ribbon commission to provide recommendations for long-term management of high-level radioactive waste. DOE announced formation of the commission on Jan. 29, 2010.

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.

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 $35 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.

Blue Ribbon Commission Formed to Evaluate Alternatives
The Obama administration announced plans in 2009 to terminate the Yucca Mountain program and empanel a blue-ribbon commission of experts to study alternatives. On Jan. 29, 2010, Energy Secretary Chu announced the formation of a Blue Ribbon Commission on America's Nuclear Future to provide recommendations for developing a safe, long-term solution to managing the nation's used nuclear fuel and high-level radioactive waste from defense programs. The commission is chaired by former Congressman Lee Hamilton and former National Security Adviser Brent Scowcroft. The commission will produce an interim report within 18 months and a final report within 24 months.

The Yucca Mountain Litigation: Breach of Contract Under the Nuclear Waste Policy Act of 1982 (NEI Members)

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.

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Aerial View of Yucca Mountain

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Key Issues

Government Mandates Used Nuclear Fuel Repository

DOE Submits Yucca Mountain License Application

Need for Repository

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