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Witness Testimony

The Honorable Shelly Berkley
Member of Congress Nevada-1
U.S. House of Representatives
439 Cannon House Office Building
Washington, DC, 20515

A Review of the Department of Energy's Yucca Mountain Project, and Proposed Legislation to Alter the Nuclear Waste Trust Fund (H.R. 3429 and H.R. 3981).
Subcommittee on Energy and Air Quality
March 25, 2004
09:30 AM

I want to thank Mr. Chairman Ralph Hall and Ranking Member Rick Boucher for allowing me to testify. Yucca Mountain remains an issue of utmost concern to me and my constituents.

As we discuss funding for the Yucca Mountain Project today, I would like to draw your attention to the unresolved terrorism and homeland security issues of the Yucca Mountain Project, as well as the negligent behavior on the part of the Department of Energy. Despite spending over $9 billion on the problem-ridden Yucca Mountain Project, DOE has made no effort to seriously address the dangers this project would create.

Since the horrific attacks of September 11th on our nation, we are living in a far more dangerous world. At this time when our nation is concerned with homeland security issues, DOE has neglected to conduct tests assessing the risks of potential terrorist attacks, such as what occurred on September 11th. The ever-present risk of a potential terrorist attack or serious accident involving this waste traveling on our roads and rails cannot be overstated. Just two weeks ago, we witnessed the tragic terrorist attacks on the rail lines in Madrid, Spain, which resulted in the loss of hundreds of lives and wide-spread destruction. Just imagine what would have happened if these trains had been carrying high-level radioactive waste.

Yucca Mountain and the proposed shipment and storage of nuclear waste in my state poses one of the nation's most serious security threats, and I am concerned about the waste at every stage of its transport. Before we start transporting nuclear waste across the country and before we spend another dime on this project, we better know what we're going to do to address the possibility of terrorism and how we're going to do it. In addition to a potential terrorist attack, it is important to remember that the Yucca Mountain Final Environmental Impact Statement, without factoring in the possibility of a terrorist attack, projects we can expect over 300 accidents while transporting the waste across country.

The Department of Energy has continually failed to make safety and security a top priority and instead remains focused on accelerating this ill-conceived project. Recently, it was established that DOE allowed thousands of miners, scientists and technicians to be exposed to the toxic dust--silica--which has resulted in known cases of the fatal illness silicosis. This negligent attitude toward the well-being of its own workers does not instill confidence in DOE's ability to protect Americans from the dangers of transporting high-level nuclear waste to Yucca Mountain. This project is unprecedented in its scope and nature and in the potential harmful consequences for Nevadans, and thousands of communities across our nation. It is important we recognize that a project this risky should not be rushed, and should be scientifically sound to ensure the safety of our public.


In its latest budget, the White House has proposed an unprecedented increase in funding for the Yucca Mountain Project to $880 million despite multiple lawsuits challenging the site, key findings of the Nuclear Waste Technical Review Board establishing that the storage canisters at Yucca Mountain will corrode and release radioactive waste, and the enormous terrorist risks this plan creates if waste is shipped across the nation.

It is unconscionable that this Administration is requesting $880 million for the construction of this repository while we are running $551 billion deficits, yet they cannot give the State of Nevada $5 million, only one-half of one-percent of this budget request, for oversight. This is not the first time that Nevada has had to fight for oversight funding. Even though it is clearly stated in the Nuclear Waste Policy Act-which governs nuclear waste disposal-that Nevada be given federal funding to pay for oversight activities related to Yucca Mountain, the State of Nevada has been denied oversight funding again. This past week, the State of Nevada - frustrated by what has become an annual ritual-was forced to file suit to seek payment of this oversight funding at a time when DOE says it is moving into the final stages of the licensing process. Last year, the budget contained zero dollars in oversight funding for the State of Nevada. In the end, Nevada received a paltry one million dollars in funding, despite the accelerated pace of the project. The actions jeopardize the health and safety of Nevadans.

In addition to opposing any reckless budget increase for the Yucca Mountain Project, I am opposed to limiting the role of Congress in determining how funding should be used to meet America's energy needs. Instead of walling off from the Nuclear Waste Disposal Program, we should be endowing the Renewable Energy Program with funding to expand research and development. Money should be invested in cleaner forms of energy, not problem-ridden projects like Yucca Mountain that create potential risks to our communities.

I urge the Members of the Committee to reject any proposal that would circumvent the appropriations process and drastically reduce the level of congressional oversight-tying the hands of Members of Congress. Funds for the Yucca Mountain Project should have to compete with our need to expand clean energy sources and to break our dependence on the Middle East and others who supply our thirst for oil and gas.

At a time when oil markets are volatile and the cost of gas is sky rocketing, our nation must closely scrutinize each dollar spent on the Yucca Mountain Project and invest our resources to strengthen and diversify clean energy sources.

Once again, thank you Mr. Chairman for holding this important hearing. I look forward to the testimonies of my fellow panel members and further discussion on the progress of the Yucca Mountain Project.

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