The U.S. Department of Energy’s (DOE) Office of Civilian Radioactive Waste Management

Last year a U.S. Federal court ruled that EPA had not followed the recommendation of the National Academy of Sciences (NAS) with regard to the 10,000 year period of regulatory compliance. So, the Yucca Mountain Project is at critical juncture. It is facing a decision to clear the legal and political issues and move ahead, continue to be stalled, or be cancelled. If the Project is cancelled, the Nuclear Waste Policy Act (the Act) calls for the U.S. Department of Energy (DOE) to reassess the ultimate disposition of nuclear waste, and recommend an alternative approach to Congress. If instead, it is decided that Yucca Mountain is the correct approach, then policy makers need to take definitive action to clear legal and political issues currently stalling the Project. This paper discusses the origin and technical basis for the 10,000 year period of regulatory compliance and the options for changes that would allow the project to proceed to the NRC licensing phase.