The editorial - NRC decides siting a nuclear waste repository is not a priority - September 10, 2014 - inaccurately characterized the purpose and outcome of the Nuclear Regulatory Commission recently issued rule on used fuel storage. While the nuclear energy industry shares the newspaper desire for expeditious development, construction and operation of a deep geologic repository, the responsibility for those actions rests with the administration. With the passage of the Nuclear Waste Policy Act in 1982, Congress directed the Department of Energy to implement the nations used fuel management and disposal program. Unfortunately, and without congressional authorization, in 2010 the department unilaterally acted to discontinue its work on that program.
The NRC rule has no effect on the national policy on disposal of used nuclear fuel.
The NRC did not - and cannot - absolve the President and administration from carrying out Congressional direction under the Nuclear Waste Policy Act. Until Congress changes the law, the Department of Energy must fulfill its legal obligation to pursue licensing of a deep geologic repository at Yucca Mountain, Nevada.
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