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Yucca Mountain waste site: Court orders nuclear agency back to work (+video)

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The tide turned with President Obama's election.

After Mr. Obama took office in 2009, he slashed funds for the program and appointed a commission to revisit the issue of storing highly radioactive spent fuel. One of his key allies in Congress has been Senate Majority Leader Harry Reid (D) of Nevada, who has long opposed the project in his home state. Funding prospects for Yucca Mountain, especially in the Democrat-controlled Senate, continue to appear bleak, at best.

But the Energy Department filed its license application for Yucca Mountain in 2008. That started the play clock ticking on a 2011 deadline for completing the review process and giving the application a thumbs up or thumbs down. The three-year time frame was established by Congress under amendments to the Nuclear Waste Policy Act of 1982.

The act establishes the federal government's responsibility to site and build a nuclear waste repository. Nuclear utilities were responsible for paying disposal costs. The nuclear industry estimates that utilities, and ultimately rate-payers, have contributed $35 billion to the nuclear waste fund since then, with no return on the investment.

The NRC failed to meet the 2011 deadline and, in essence, shelved any additional work on the application, citing the powerful political opposition to the repository, as well as Congress's unwillingness to continue funding it. The NRC has about $11 million left in the pot of money Congress appropriated in fiscal 2011 to perform the review.

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