After more than 20 years of commercial nuclear power, the Federal Government has yet to develop a broadly supported policy for fulfilling its legal responsibility for the final isolation of high-level radioactive waste. OTA's study concludes that until such a policy is adopted in law, there is a substantial risk that the false starts, shifts of policy, and fluctuating support that have plagued the final isolation program in the past will continue.

The effective termination of the Yucca Mountain program by the U.S. Administration in 2009
has left the U.S. program for management of used fuel and high level radioactive waste (HLW)
in a state of uncertainty. In concert with this major policy reset and in response to the resulting
policy vacuum, the President directed the Energy Secretary to establish the Blue Ribbon
Commission on America’s Nuclear Future (BRC) “…to conduct a comprehensive review of
policies for managing the back end of the nuclear fuel cycle and to provide recommendations for

America’s nuclear waste management program is at an impasse. The Obama Administration’s decision
to halt work on a repository at Yucca Mountain in Nevada is but the latest indicator of a policy that has
been troubled for decades and has now all but completely broken down. The approach laid out under
the 1987 Amendments to the Nuclear Waste Policy Act (NWPA)—which tied the entire U.S. high-level
waste management program to the fate of the Yucca Mountain site—has not worked to produce a

Dear Members of the South Carolina Congressional Delegation:
Thank you all for your letter of October 27th. We appreciate hearing your views on the
Yucca Mountain project, the safety benefits of deep geologic disposal, and the
importance of the retaining the H Canyon facility at the Department of Energy’s
Savannah River Site.
In our draft report, the Commission finds that deep geologic disposal is an essential
component of a comprehensive nuclear waste management system. Your comments

This paper draws on my experience as a reviewer of the scientific programs and performance assessments of the geological repository for transuranic waste at the Waste Isolation Pilot Plant in New Mexico and the proposed repository for spent nuclear fuel and high-level waste at Yucca Mountain in Nevada. In addition, I have served on numerous committees of the National Research Council that have addressed many aspects of nuclear waste management.

This paper, prepared to aid the Blue Ribbon Commission on America’s Nuclear Future in its
deliberations, includes a discussion of the issues that would be faced in the siting, permitting and
licensing of storage and disposal facilities for the “back end” of the commercial nuclear fuel
cycle and for the Department of Energy’s (DOE) high–level radioactive waste. It discusses the
authority that could be employed by non–federal levels of government in supporting or opposing