Public Policy

Mr. Chairman and members of the subcommittee, I appreciate the opportunity to provide comments for the hearing record, on this issue of critical importance to the nation and the state of Nevada. For the record, I served as Governor of Nevada during the years 1979-1983, and previously served as Attorney General of the State from 1971-1979. My firm, The Robert List Company, provides consulting services to a number of clients including the Nuclear Energy Institute.

As a Nevadan, I welcome you, Mr. Chairman and members of the subcommittee, and I appreciate your attention to this issue which is so vital to those of us who live in Nevada. I am especially proud of the priority that Congressman Porter places on assuring that the health and safety of our citizens is appropriately protected.  

At the outset, let me draw attention to what I believe is an extremely important development concerning this project. On December 23, 2003 the Department of Energy announced a preferred rail corridor for movement of used fuel in Nevada to the Yucca Mountain repository and designated the Caliente corridor, based on its more remote location, diminished likelihood of land use conflicts, concerns raised by Nevadans and national security issues raised by the U.S. Air Force on the Caliente-Chalk Mountain corridor. A formal Record of Decision on this announced preference has been made, and initiation of the EIS process for specific rail alignment could begin shortly.

For years, state officials and local representatives from Clark County and its municipalities, including Las Vegas, have expressed deep concern about the implication of shipments through this populous, and rapidly growing community. In a survey of Nevada residents conducted by Voter Consumer Research last year, a majority of Nevadans indicated that transportation by railroad away from major urban areas was an acceptable approach, but opposed transportation through the Las Vegas Valley. DOE has now indicated its preference consistent with those concerns. 

I applaud the DOE for this announcement, the significance of which has gone largely unnoticed by the Nevada media and public. All Nevadans should be grateful for this important milestone decision, which alleviates much of the apprehension which has permeated the Yucca Mountain debate over the years.

 It is also noteworthy that elected officials directly impacted by the preferred transportation corridor have consistently expressed their desire to work in close consultation with the Department of Energy to make certain that legitimate local interests are taken into account. The testimony submitted by Caliente Mayor Kevin Phillips is representative of this constructive approach.

As you know, strong majorities in the House and Senate affirmed the suitability of Yucca Mountain as the location for a national repository for used nuclear fuel in 2002. During the Congressional debate, both here in Nevada and in Washington, transportation of used fuel was a major issue, and it remains one of the most significant issues that need to be addressed in preparation for acceptance of used nuclear fuel at Yucca Mountain.

It is my firm belief that the Yucca Mountain repository will ultimately be licensed for the long-term disposal of used nuclear fuel.   Based on the previously mentioned survey, 88% of Nevadans agree that it is likely the repository will become operational. I believe it is time we as Nevadans begin to constructively engage with the federal government on the operation of the repository and on transportation to the facility to assure that the safety and security of the citizens of the state are appropriately protected, and that the impacts of the project are mitigated.

More than 3,000 shipments of used nuclear fuel have been safely made in the United States over the last 40 years. Since 1990, approximately two thirds of these shipments have taken place by rail, using robust containers certified by the Nuclear Regulatory Commission and subject to very stringent safety tests to assure that there will not be harmful release of radioactive materials even in extreme accident scenarios. Close consultation with state and local officials with a particular focus on emergency response and security considerations, has taken place

DOE has also conducted over 2,400 shipments of radioactive materials from its facilities, including the Nevada Test Site, to the Waste Isolation Pilot Plant in New Mexico using the same collaborative approach. 

I know that this Subcommittee is committed to making certain that when railroads are used to move used fuel it is conducted in a manner that is safe and secure, a commitment that is shared by the nuclear industry. Current U.S. Department of Transportation and Nuclear Regulatory Commission Used Nuclear Fuel Transportation Regulations provide comprehensive rules which protect public health, safety and security. The nuclear industry policy on the transportation of used nuclear fuel to a federal repository supports the use of dedicated trains when transporting by rail.

In closing, let me observe that it is also important that the federal government recognize its responsibility to mitigate the impact of the project, as envisioned in the Nuclear Waste Policy Act. This can include approaches ranging from enhanced training for emergency responders who can assist in responding to accidents involving transportation of other hazardous materials, to the economic benefits that could occur from utilizing the rail line constructed for Yucca Mountain transportation in general commerce.

Thank you for your consideration.