A divided U.S. Court of Appeals for the District of Columbia Circuit has  decided to wait a few months before deciding whether to order the U.S.  Nuclear Regulatory Commission (NRC) to restart license review of the  Department of Energy (DOE) application to develop a nuclear waste  repository at Nevada’s Yucca Mountain.
In an order issued Aug. 3,  the three-judge panel for the court decided to put its ruling on hold  in hopes Congress might address funding for the NRC license review as  part of its Fiscal Year 2013 budget package.
The court said that  it would hold the case “in abeyance” for now and asked the parties to  file, no later than Dec. 14, updates on FY 2013 appropriations with  regard to the Yucca Mountain license.
In May, attorneys for the  National Association of Regulatory Utility Commissioners (NARUC) and  plaintiffs from various state and local governments argued that NRC  defied a congressional mandate by electing to stop the license process.
NARUC  and the states alleged that the NRC, and in particular former Chairman  Greg Jaczko, acted politically instead of scientifically after DOE,  which filed the Yucca Mountain license application in June 2008, asked  to withdraw its application in March 2010, claiming that the Nevada  venue is no longer an option.
The NRC has argued that it was not  pouring good money after bad, because the $10m it had available for the  Yucca license review would not be enough to finish the job.
The  Obama Administration has opposed the Yucca Mountain project, eventually  impaneling the Blue Ribbon Commission on America’s Nuclear Future to  evaluate options for the back end of the nuclear cycle.
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