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Connie Nakahara
Utah Department of Environmental Quality

Continued...

Verdoia: Is that good news or bad news or no news?

Nakahara: It means the Licensing Board does not, is not sure it has the authority to hear the issue itself, so it has sent the issue up to the Commission, for the Commission to hear or to decide to sent back to the Licensing Board. So I don't know whether it's good or bad news.

Verdoia: Concurrent with the discussion over the Skull Valley Band and the PFS Proposal is a separate issue perhaps, of the Department of Energy (DOE) studying the Yucca Mountain facility and being poised to issue a scientific recommendation on the appropriateness of that location as a permanent storage. Would the determination of a permanent storage location substantially impact the Utah proposal?

Nakahara: I don't believe it will have much of an impact at all. One thing the DOE said in their Draft Environmental Impact Statement for Yucca Mountain, was the DOE estimated a 105,000 metric tons of uranium was spent fuel, commercial spent nuclear fuel would be generated by the year 2046 and right now, by law, Yucca Mountain's capacity is limited to 63,000 metric tons of uranium of commercial spent fuel and that leaves some 42,000 with no place to go. PFS has proposed a forty thousand metric ton facility. And yes, Congress can change the law and increase Yucca Mountain's capacity but right now the law states that the capacity for Yucca Mountain cannot be increased until there's a second repository and everybody knows, nobody's even considering a second repository. So there's a possibility that even if Yucca Mountain is built, any spent fuel sent to Skull Valley could stay there.

Verdoia: And what we're talking about then is a "temporary facility" potentially becoming much longer term.

Nakahara: Yes. In addition, a temporary facility is not built for permanent disposal and therefore there are less safety standards associated with a temporary facility. In addition, Private Fuel Storage has always maintained that they will go forward with the PFS proposal regardless of whether Yucca Mountain is built or whether there's a temporary facility proposed for Yucca Mountain - because the timing to get a temporary facility, I believe in last years' Nuclear Waste Policy Act, the Amendment Proposal was by 2006 or 2007 and one of the prime forces behind PFS is Xcel Energy, formerly Northern States Power, and they apparently need to have an alternative by 2007. And so PFS has always said regardless of what happens at Yucca Mountain, they will move forward with their proposal. So I don't believe it has a great impact on the Skull Valley site.

Verdoia: There are cynical voices that exist in the world that say the involvement of the Skull Valley Band of the Goshute Indian tribe was triggered by the Department of Energy, which in fact solicited the interest of Native American tribes with $100,000 dollar grants to study whether they would like to host radioactive waste, and there's more suspicious minds among us who might say, if one arm of the government actually dangles the carrot in front of a Native American Tribe, they created a mandate for such involvement to go forward. How can the government say we'll give you money to consider being a waste site and then say but we may not approve? Are you concerned about the role of the federal government and agencies seeming to be at odds with each other in terms of coming up with a high level radioactive waste storage solution?

Nakahara: Well definitely the federal government, when they were looking for a temporary storage site themselves, with the office that they called the Nuclear Waste Negotiator, the majority of sites that the federal government looked at were on Native American reservations. I believe they looked at around 30, and probably 27 of them were Native American reservations. And so, yes, I agree that the federal government set up the premise for PFS to look at a Native American site. PFS is relying on some of the ground work that the federal government did in its Draft Environmental Impact Statement in identifying viable alternatives.

Verdoia: What makes Native American locations and reservation lands so attractive in this process?

Nakahara: Well one, they don't have to deal with state or local governments and another consideration that PFS looked at in their survey was a small tribal government. Some of the issues that PFS considered in evaluating the different sites were whether the tribe had sovereignty and two, whether they were less than a 500 member tribe. And so they would have fewer problems with, I guess, inter-tribal issues if it was a smaller tribe.

Verdoia: Smaller population, more easily managed in its opinion.

Nakahara: Yes.

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