Great Seal of the The State of Nevada

One Hundred One North Carson Street
Carson City, Nevada 89701


November 2, 2001

Honorable Richard A. Meserve, Chairman
Nuclear Regulatory Commission
Washington, DC 20555-0001

Dear Chairman Meserve:

It has come to my attention that the Nuclear Regulatory Commission (NRC) has developed a draft plan for the possible review of a license application from the Department of Energy (DOE) for the proposed Yucca Mountain repository site. Staff at the Nevada Agency for Nuclear Projects have been informed by reliable sources within the Yucca Mountain project that the aforementioned plan was provided by NRC staff to DOE's legal counsel, Winston & Strawn, who in turn provided it to management at the Yucca Mountain Project.

Nevada's licensing counsel subsequently requested a copy of the licensing review plan from Mr. Bill Reamer of the Commission's staff. Counsel was advised that the plan was not available to anyone outside the NRC, and NRC has refused to provide a copy to Nevada.

Given that this key document is apparently now in the possession of DOE and its licensing counsel, I believe it is unfair and improper to deprive the State of Nevada of the opportunity to review the plan at this time, since all parties to the potential licensing proceeding should have the same opportunities for access to relevant materials.

Accordingly, I'm requesting that you provide my Office with a copy of this document forthwith and that a copy be placed in NRC's public document room. I look forward to your prompt attention to this request.