On the first possible day, Sen. Larry Craig (R-Idaho) introduced a new version of his "interim" storage bill for high-level nuclear waste. Popularly known as the "Mobile Chernobyl Act," the bill would establish a "temporary" storage site for high-level waste at Yucca Mountain, Nevada, and begin at least 30 years worth of transportation of nuclear waste through 43 states and the District of Columbia. Craig's bill is S. 104. Senate Energy Committee staffers said the bill is identical to that passed last year by the Senate, but not taken up by the House under threat of veto by President Clinton. Others, however, said there may be a few differences between this year's model and last year's. NIRS had not yet seen the bill at Monitor presstime. There seems little doubt that Energy Committee supporters of the bill intend to move it quickly. The only hearing on the bill is scheduled for February 5, and the Committee hopes to send it to the Senate floor shortly afterwards. Michael Mariotte, executive director of NIRS, was asked to testify at the February 5 hearing, along with DOE, a state regulator, and a representative from the nuclear industry. At Monitor presstime, a companion House bill, had not yet been introduced, though last year's sponsor, Rep. Fred Upton (R-Mich.) was expected to do so soon. Meanwhile, the Department of Energy December 16 issued for public comment a proposed rule which essentially would exempt Yucca Mountain from the standards that would apply to any other high-level waste dump. The proposed rule also would remove potential waste transportation impacts as a consideration for the site, among other effects. On Christmas Eve, Nevada Governor Bob Miller wrote then-Energy Secretary Hazel O'Leary, "One can only assume that the Department of Energy officials believe that Yucca Mountain would be disqualified as a repository under the existing...guidelines. This approach appears to continue a tradition of this program: If Yucca Mountain can't meet the safety rules--then change the rules.....The proposed approach, if adopted will result in legal challenge by the State of Nevada and further erode the credibility of an already controversial program." The comment period ends February 14, although NIRS has requested an extension. NIRS also has requested public hearings in addition to the one held in Las Vegas January 23. At that hearing, NIRS presented comments signed by more than 35 organizations against the proposed rule. DOE won't take waste by 1998 Even while DOE fantasizes that it can effectively establish a dump relying on none of the environmental criteria required by law and common sense, the agency acknowledged a rare recognition of reality by telling nuclear utilities December 17 that it cannot accept their high-level waste by January 31, 1998. DOE was responding to last year's federal court decision, that the agency did not appeal, which said DOE must take the waste by that date or face unspecified penalties. However, some legal experts have said that the decision was based on a contract, rather than law, and that such contracts typically can be broken or extended when circumstances prevent their implementation. The nuclear industry reacted predictably, with the Nuclear Energy Institute saying the DOE's announcement was unacceptable and showed the need for the interim storage legislation. The industry also has loudly argued that it has collected some $11 Billion from ratepayers for the Nuclear Waste Fund, and yet has nothing to show for that money--thus, according to their reasoning, the DOE owes them an "interim" storage site. But $11 Billion won't begin to cover the costs of building a "permanent" facility, whether at Yucca Mountain or elsewhere, and maintaining it for the next 250,000 years or so.... WHAT YOU CAN DO Today, right now, write/call/fax your Senators and urge them 1) not to co-sponsor S. 104; and 2) urge them to vote against the bill if and when it reaches the Senate floor. The nuclear industry, which feted Sen. Craig in a reception the day Congress returned, clearly has forced this bill onto the "fast track." Your actions are needed now. Second, write and submit your comments on the DOE's proposed rule. NIRS' comments will be available on NIRS' website (www.nirs.org) or call Mary Olson, 202-328-0002 for more info. They're BAAAAACK.... S. 104 IS THIS YEAR'S "INTERIM" WASTE STORAGE BILL; DOE TRIES TO EXEMPT YUCCA MT FROM WASTE STANDARDS