Nuclear Waste Policy Act:

  • 1982 U.S. Congress Passed the Nuclear Waste Policy Act, (NWPA).

  • 1983 Department of Energy Set-Up the Nuclear Waste Fund, Authorized Under the NWPA.

  • 1987 U.S. Congress Amended the NWPA, Declaring Yucca Mountain as the Only Site to be Studied for Suitability as a Permanent Repository.

  • 2002 Yucca Mountain was Sited to be Studied as the Nation's Permanent Repository. The U.S. Senate and the U.S. House of Representatives voted to override the State of Nevada's objection to the designation of Yucca Mountain by the Secretary of Energy and the President of the United States.

  • 2008 Department of Energy Submitted a License Application to the Nuclear Regulatory Commission for the Review of the Scientific and Technical Studies Carried out at the Yucca Mountain Site. 

DOE Withdrawal of License Application with Prejudice from the Nuclear Regulatory Commission:

Nuclear Regulatory Commission:  

  • December 14, 2010. Nuclear Regulatory Commission, ASLB Order - Deciding Phase 1 Regarding 10 Legal Issues and Denying Rule Waiver Petitions. 

  • February 1, 2010. DOE Filed a Motion to Stay the License Application it Submitted to the NRC. 

  • February 2, 2010. Dan Kane Petition for Rulemaking to Update and Proposed Revision of Waste Confidence Decision (73 FR 59551-59570 and 10 CFR 51.23). 

  • February 26, 2010. SC AG Filed a Motion to Intervene.

  • March 3, 2010. DOE Filed a Motion to Withdraw the License Application with the NRC. Deadline to Intervene was March 15.

  • March 3, 2010. WA AG Filed a Motion for Leave.

  • March 4, 2010. SC Aiken County Filed a Motion to Intervene. 

  • March 15, 2010. NARUC Filed a Motion to Intervene.

  • March 15, 2010. PIIC Filed a Motion to Intervene.

  • March 29, 2010. Department of Energy's Response to Petitions to Intervene Stating that Petitioners Should Present Their Differing View of the Withdrawal of Its License Application.

  • April 6, 2010. Nuclear Regulatory Commission, Atomic Safety and Licensing Board, Issued a Memorandum and Order That it Will Suspend Further Briefing on the DOE's Motion to Withdraw its License Application with Prejudice Until the U.S. Court of Appeals Rule on the DOE's Withdrawal of its License Application.  

  • April 12, 2010. Department of Energy's Petition Requesting the NRC to Reverse the Atomic Safety and Licensing Board's Decision to Suspend the DOE's Motion to Withdraw the License Application. 

  • April 16, 2010. Department of Energy's Notice of Deferral of Filing of Request for Records Disposition Authority Until May 5, 2010. 

  • April 23, 2010. The Nuclear Regulatory Commission Ordering the Atomic Safety and Licensing Board to Make a Final Decision no Later than June 1, 2010 on the Department of Energy's Motion to Withdraw its License Application from the NRC. 

  • April 27, 2010. The Atomic Safety and Licensing Board Notified the Nuclear Regulatory Commission that it will Decide on the DOE's Motion to Withdraw its License Application no Later than June 30, 2010. 

  • May 17, 2010. Inyo County, Nevada, Opposition to the Department of Energy's Motion to Withdraw its License Application. 

  • May 17, 2010. National Association of Regulatory Utility Commissioners Opposition to the Department of Energy's Motion to Withdraw its License Application. 

  • May 17, 2010. Nuclear Regulatory Commission Staff Answer That They Could Not Justify the Department of Energy's Motion to Withdraw its License Application with Prejudice. 

  • May 17, 2010. Nye County, Nevada, Opposition to the Department of Energy's Motion to Withdraw its License Application. 

  • May 17, 2010. The State of South Carolina Opposition to the Department of Energy's Motion to Withdraw its License Application. 

  • June 14, 2010. State of Nevada Petition to Stop Release of the Safety Evaluation Reports for Yucca Mountain. 

  • June 18, 2010. Atomic Safety and Licensing Board Joint Report Concerning the DOE Licensing Support Network Documents. 

  • June 29, 2010. Atomic Safety and Licensing Board Order Granting Intervention to Petitioners and Denying DOE to Withdraw its License Application from the NRC. 

  • July 8, 2010. Aiken County Opposition to Commission to Review ASLB Order. 

  • July 9, 2010. Prairie Island Indian Community Affirms the ASLB's Order. 

  • July 9, 2010. Department of Energy's Brief in Support of Review and Reversal of the ASLB's Order Denying the DOE to Withdraw its License Application from the NRC. 

  • July 19, 2010. Aiken County Reply Brief to NRC to Uphold ASLB Decision. 

  • July 19, 2010. Nuclear Energy Institute Answers Motion for Resucal/Disqualification with Regards to Commissioners. 

  • July 19, 2010. Prairie Island Indian Community Response to Initial Brief filed by the DOE, State of Nevada and NRC Staff. 

  • July 19, 2010. Department of Energy's Response to the Motion for New NRC Commissioners to Recuse Themselves.

  • August 11, 2010. Commissioner William Magwood's decision not to recuse himself from any consideration of the Construction Authorization Board's decision that denied the Department of Energy's motion to withdraw its license application with prejudice for the Yucca Mountain permanent repository. 

  • August 11, 2010. Commissioner William Ostendorff's decision not to recuse himself from any consideration of the Construction Authorization Board's decision that denied the Department of Energy's motion to withdraw its license application with prejudice for the Yucca Mountain permanent repository.   

  • October 4, 2010. Nuclear Regulatory Commission Chief Financial Officer Memo to Staff Regarding Funds Available to Continue Work on the License Application Under FY 2011 Continuing Resolution. 

  • October 6, 2010. State of Washington Attorney General Letter to the NRC Solicitor and the Department of Justice Petitioning the NRC Chairman Jaczko's Direction to Staff to Cease Work on the License Application.

  • October 6, 2010. Nuclear Regulatory Commissioner Ostendorff's Memo Regarding Commission Direction to Staff Under FY 2011 Budget Guidance Continuing Resolution. 

  • October 14, 2010. Nuclear Regulatory Commissioner Ostendorff's Disagreement with Staff Direction Under Budget Guidance Under FY 2011 Continuing Resolution. 

  • October 14, 2010. Nuclear Regulatory Commissioner Svinicki's Comments Regarding Commission Direction on Staff Budget Guidance Under FY 2011 Continuing Resolution. 

  • October 19, 2010. House of Representatives Upton and Whitfield letter to the Inspector General, Nuclear Regulatory Commission, requesting a formal investigation into Chairman's Jaczko Actions to Shut Down the Yucca Mountain Project. 

  • November 16, 2010. House of Representatives letter to the Office of Management and Budget requesting detailed explanation outlining the legal budgetary authority of NRC Chairman Jaczko actions to terminate the review of DOE license application.

  • November 18, 2010. Representative M. Simpson (R-ID) together with 12 Members of the House of Representatives Introduced H.R. 1732 Condemning the Nuclear Regulatory Commission Chairman Jaczko's Decision to Begin the Closure of the YM License Application. The Resolution Further Calls on the NRC to Immediately Resume Activities on the Review of the License application. 

  • November 29,2010.  Nuclear Regulatory Commission Staff Notification to the Atomic Safety and Licensing Board that Volume 3, Safety Evaluation Report Will Not be Issued in November, and That a Revised Schedule is Presently Indeterminate.  

  • December 8, 2010. Nuclear Regulatory Commission, ASLB Order Addressing the November 18, 2010, State of Nevada Motion and Discover Status Regarding Outstanding Phase 1 Legal Issues.

  • February 10, 2011. Letter from the Chairmen and Subcommittees Chairmen of the House Committee on Science, Space and Technology, to NRC Commissioners Demanding Immediate Release of Volume 3, Yucca Mountain Safety Evaluation Report.

  • February 24, 2011. Letter From the Chairman and Subcommittees Chairman of the Committee on Energy and Commerce to Secretary of Energy Steven Chu, Demanding Response to the Actions He Carried Out to Dismantle the Nuclear Waste Disposal Program. 

  • February 25, 2011. Nuclear Regulatory Commission, ASLB, Denies the Department of Energy's Motion to Renew Temporary Suspension of the License Application Proceedings. 

  • February 25, 2011. Nuclear Regulatory Commission, ASLB Orders the NRC Staff to Show Cause Why Staff Should Not Issue an Unredacted Form of Volume 3, Yucca Mountain Safety Evaluation Report. 

  • March 1, 2011. Nuclear Regulatory Commission Staff Memorandum Updating the NRC Commissioners of Their Activities on the Yucca Mountain Program. 

  • March 3, 2011. Nuclear Regulatory Commission Staff Response to the February 25, 2011 ASLB's Order Regarding the Issuance of Volume 3 of the Yucca Mountain Safety Evaluation Report.

  • March 4, 2011. Department of Energy Filed a Motion to Renew Temporary Suspension of Proceedings in Abeyance Through May 20, 2011 of the Licensing Support Network. 

  • March 10, 2011. Letter from the Chairmen and Subcommittees Chairmen of the House Committee on Science, Space and Technology, Demanding Response from Chairman Jaczko of Their February 10, 2011 Letter. 

  • March 11, 2011. Nye County, NV, Opposes the Department of Energy's Motion to Suspend the Licensing Support Network Proceedings.  

  • March 30, 2011. Nuclear Regulatory Commission, Chairman Jaczko Response to Representative Darrell Issa, Chairman, House Committee on Oversight and Government Reform, Regarding Pre-Decisional Versions of Volume 3, Yucca Mountain Safety Evaluation Report. 

  • March 31, 2011. Letter from Nuclear Regulatory Commission, Commissioners Svinicki, Aposolakis, Magwood and Ostendoff, Refuting Chairman Jaczko's Response with Regards to the Release of an Unredacted Version of Volume 3, Yucca Mountain Safety Evaluation Report. 

  • March 31, 2011. Letter from Representatives Upton and Shimkus Notifying Chairman Jaczko of Their Investigations with Regards to His Decision Making Process on the License Applications Proceedings. 

  • May 9, 2011. House of Representatives Upton and Shimkus letter to Nuclear Regulatory Commission Chairman Jaczko, requesting that he immediately notifies all NRC employees of their right to communicate with Congress regarding the investigations on the pending Yucca Mountain license application. 

  • September 9, 2011. Nuclear Regulatory Commission Issues a Memorandum and Order Stating that it is Evenly Divided on Whether to Take an Affirmative Action of Overturning or Upholding the Atomic Safety License Board's June 29, 2010 Decision.

  • September 12, 2011. State of Washington Office of the Attorney General, Requesting Clarification from the Nuclear Regulatory Commission Office of the General Counsel, Regarding the September 9, 2011 Memorandum and Order, and the Filing in the U.S. Court of Appeals for the District of Columbia Circuit Pleading Entitled, "Underlying Decision in Case." 

  • September 12, 2011. Commissioner Magwood's Statement Justifying his Views and Decision on the DOE's Request to Withdraw its License Application with Prejudice from the Nuclear Regulatory Commission. 

U.S. Courts:

  • January 3, 2010. Department of Justice Raising Procedural and Ripeness Issues Regarding Aiken et.al. Petition for Mandamus and Petitions for Review and Injunctive Relief. 

  • February 19, 2010. SC Aiken County vs. DOE.NRC. Filed in the D.C. Circuit Court, Objecting to the DOE Withdrawing its License Application from the NRC. 

  • February 25, 2010. Ferguson, et.al. vs. Administration. Filed in the D.C. Circuit Court, Objecting to the DOE Withdrawing its License Application from the NRC. 

  • February 26, 2010. SC AG vs. DOE/NRC. Filed in the 4th Circuit Court, Objecting to the DOE Withdrawing its License Application from the NRC. 

  • April 8, 2010. U.S. Court of Appeals for the District Circuit Consolidates Aiken County, SC; Robert Ferguson, et. al.; and the State of South Carolina Petitions. 

  • April 13, 2010. State of Washington Motion for Preliminary Injunction Asking the Court to Order DOE to Stop Dismantling the Permanent Repository at Yucca Mountain. 

  • April 14, 2010. Department of Energy's Motion for Extension of Time to Respond to the State of Washington's Motion for Preliminary Injunction. 

  • April 23, 2010. Department of Justice letter to the U.S. Court of Appeals for the District Circuit, notifying the Court of the Nuclear Regulatory Commission's April 23, 2010 Order to the Atomic Safety and Licensing Board to Issue a Decision no Later than June 1, 2010. 

  • April 23, 2010. Department of Energy Requests the Court to Deny the State of Washington Petition since it has Already Filed a Motion with the NRC to Withdraw its License Application. 

  • April 28, 2010. State of Washington's Reply to DOE's April 23, 2010 Opposition to the States' Preliminary Relief to Stop DOE from Dismantling the Permanent Repository, Yucca Mountain, Nevada. 

  • May 3, 2010. U.S. Court of Appeals for the District Circuit Order to Hear the Consolidated Cases on the First Available Date in September, 2010.

  • May 13, 2010. U.S. Court of Appeals Briefing Schedule with Regards to the Consolidated Cases vs. DOE. 

  • June 15, 2010. U.S. Court of Appeals Briefing Schedule with Regards to the Nuclear Waste Fund Fee Petition NARUC vs. DOE. 

  • June 18, 2010. U.S. Court of Appeals Scheduled Oral Arguments on September 23. 

  • July 2, 2010. Department of Energy Filed a Motion to Vacate Briefing and Oral Arguments Schedule and Hold Cases in Abeyance. 

  • July 7, 2010. Aiken County, SC, Ferguson, et.al., States of South Carolina and Washington - Petitioners' Response in Opposition to Respondents' Motion to Vacate Briefing and Oral Argument Schedule and Hold Cases In Abeyance. 

  • September 7, 2010. U.S. Court of Federal Decision to Award Costs to the Yankee Atomic Power Company for Reracking and Dry Storage Costs Using the 1987 Annual Capacity Report.

  • October 15, 2010. Aiken County, et al., Petitioners' Reply to Respondents' Opposition to Lift Stay and Set Expedited Briefing Schedule. 

  • October 25, 2010. Aiken County, et al., Petition Regarding a Motion to Lift Stay and Set Expedited Briefing Schedule with Regards to the Termination of the Review of the Yucca Mountain License Application Without an Official NRC Commissioners Vote.

  • November 29, 2010. Aiken County, et.al., Petitioners' Status Report, Following Up to Their October 10 Motion to Lift Stay And Set Expedited Briefing Schedule Due to NRC Chairman Instructions to Staff to Shut Down its Review of the DOE's License Application, in Violation of the ASLB's June 29 Decision. 

  • January 18, 2011. Aiken et.al Reply Brief of Petitioners Regarding the March 22, 2011 Oral Arguments. 

  • January 18, 2011. Aiken et.al Reply Brief of Petitioners Addendum Regarding the March 22, 2011 Oral Arguments. 

  • March 22, 2011. Aiken County, et.al Oral Argument Pursuant to the DOE Withdrawal of Its License Application with Prejudice from the NRC.

  • July 1, 2011. The D.C. District Court Found the Petitioners Claim, that the Department of Energy's Motion to Withdraw the Yucca Mountain License Application was not Authorized Under the Nuclear Waste Policy Act, was not ripe for judicial review because the Motion is still Pending Before the Nuclear Regulatory Commission. 

  • July 29, 2011. Aiken, et.al., Petitioned the Court for a Writ of Mandamus Claiming the Nuclear Regulatory Commission Action to Unreasonably Withholding its Consideration of the Yucca Mountain License Application as Specified in the Nuclear Waste Policy Act.  

NWF Fee Suspension: 

  • April 2, 2010. National Association of Regulatory Utility Commissioners vs. Administration. Filed in the D.C. Circuit Court a Petition for Review Requesting Relief and Deny Request to, (1) Suspend the Fee Paid by the Ratepayers into the NWF until DOE Resumes the Disposal Program and, (2) Promptly Perform an Annual Review of the NWF Fees as Required by the NWPA.

  • April 5, 2010. Nuclear Energy Institute & Utilities vs. Administration. Filed in the D.C. Circuit Court a Joint Petition for Review Requesting Relief and Deny Request to, (1) Suspend the Fee Paid by the Ratepayers into the NWF until DOE Resumes the Disposal Program and, (2) Promptly Perform an Annual Review of the NWF Fees as Required by the NWPA. 

  • June 15, 2010. U.S. Court of Appeals Briefing Schedule with Regards to the Nuclear Waste Fund Fee Petition NARUC vs. DOE.

  • December 13, 2010. U.S. Court of Appeals for the D.C. Circuit Judgment Dismissing NARUC's and NEI's Arguments How the Secretary of Energy Conduct its Annual NWF Fee Assessment. However, the Court Stated That the Petitioners May Now Challenge the NWF Fee Assessment Recently Conducted the Secretary of Energy. 

  • March 14, 2011. National Association of Regulatory Commissioners vs. Administration. Petition for Review of the DOE's Failure to Accurately Determine the Adequacy of the Nuclear Waste Fund Fee.

  • October 20, 2011. National Association of Regulatory Utility Commissioners and Nuclear Energy Institute, et.al., Counter Statements of Facts on the Evaluation of the Nuclear Waste Fund Fee Adequacy made by the Department of Energy in its Brief to the U.S. Court of Appeals for the District Circuit.