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Yucca Mountain
Licensing Proceeding

In order to participate as a party in the Yucca Mountain high-level nuclear waste repository licensing proceeding, an entity or person must be admitted to the proceeding by following the procedures of the Nuclear Regulatory Commission's rules, at 10 CFR §2.309, which require a request for hearing, a petition to intervene, a demonstration of standing, and at least one admitted contention. At the close of the filing period, on December 22, 2008, a total of 318 contentions had been filed by 12 entities, including 229 from the State of Nevada, 24 from California, and 15 from Clark County.

A contention is an issue of law or fact (in this case, possible scientific fact) that alleges the license application or Yucca Mountain Environmental Impact Statement (as adopted by NRC) does not meet statutory or regulatory requirements, and in the case of the license application "nonconformance would be contrary to providing reasonable assurance of adequate protection of the public health and safety."

The NRC rule prescribes the format of contentions as seen below:

A NRC Atomic Safety and Licensing Board (ASLB) panel is expected to rule on admission of parties and contentions by May 2009 after reviewing any objections made by DOE, the license applicant, and the NRC staff, and responses from the affected potential parties. Admitted contentions will be litigated by the parties and ruled on by an ASLB panel during the hearing portion of the licensing proceeding. The ASLB panel will recommend a licensing decision to the NRC Commissioners. Some affected Nevada counties have elected to be non-party participants, as permitted by NRC rules, and they will decide, once contentions are admitted, in which of those litigations they will participate.

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State of Nevada
Agency for Nuclear Projects
1761 College Parkway, Suite 118
Carson City, NV 89706
(775) 687-3744 voice
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