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Opposing Views Will Be Thoroughly Considered
The state of Nevada, which opposes the project, has retained a team of attorneys and scientists to challenge DOE’s license application. Once the NRC accepts DOE’s application for review, Nevada and other affected parties may submit challenges to DOE’s application in the form of petitions to intervene. Essentially, the parties that will participate in this process are being given a voice in defining how the process will be conducted.

These entities can challenge any part of DOE’s application. Any challenges will be reviewed by independent licensing boards and may receive a full trial-type adjudicatory hearing.

According to the NRC’s rules, petitions to intervene must contain one or more contentions raising an issue concerning an aspect of DOE’s license application.

An impartial three-judge panel, known as an Atomic Safety and Licensing Board, will consider all contentions. If the board determines that any person or entity meets certain legal tests, that person or entity becomes a formal participant in the licensing process. All contentions determined to be admissible under NRC regulations will receive a full hearing before the licensing board.

The board will evaluate contentions while the NRC staff completes its technical review of DOE’s application. Once this review is completed and the NRC staff has issued a safety evaluation report and related environmental documents, the adjudicatory phase of the licensing process can begin.

Participating in the licensing process is similar to being a litigant in a court proceeding. DOE, the NRC and any parties having admitted contentions will participate.

Because the NRC is likely to consider many contentions during the Yucca Mountain licensing process, the agency likely will empanel several licensing boards. Collectively, the boards must rule on each admitted contention.

A license can only be granted after all licensing board deliberations are complete and if every contention is resolved so that a positive determination of compliance with the NRC’s rigorous safety requirements can be made.