Yucca Mountain

S&Ls won damages when the feds reneged on promises. Utilities could do the same.

It's tough to be a utility CFO these days. For decades, electric utilities have served both as target and conscripted agent of government policy. Utilities pay disproportionately high taxes. Utility rate structures further distort market forces with subsidies flowing from business to residential. These policies actually defeat market forces. To large measure, many of these market failures arise from reconciling the hangover from uneconomic policy initiatives.

Chair Murkowski Chews Out an Undersecretary. At a Senate panel on a bill calling for the Department of Energy to store nuclear waste short-term, opponents stacked up objections, even renewing opposition to a permanent site.

The "Nuclear Waste Policy Act," S. 104, is similar to a bill passed in the Senate last year. It calls for

construction of temporary storage, a safe way to transport the waste, and more studies leading to a permanent site 1,200 feet below the ground at Yucca Mountain, Nevada. Already, $6 billion has helped bore an exploratory tunnel there.

No one needs to tell the readers of PUBLIC UTILITIES FORTNIGHTLY about the technical, economic, regulatory, and institutional obstacle course facing the nuclear power industry. All you need do is look around to see an industry struggling to live up to expectations. Some would term the nuclear outlook "grim:"

• No economic incentives to build new nuclear plants.

• No new plant orders in the United States (a modest complement of foreign orders)

• Precious few attempts to renew operating licenses; even fewer succeed.

With President Clinton and the Department of Energy (DOE) staunchly opposed, the House of Representatives was expected to return September 4 from August recess to take up its version of a nuclear waste disposal bill that passed in the Senate on July 31 by a vote of 63-37.

Senate bill 1936 and its amendments call for a temporary storage facility at the Nevada nuclear test site near Yucca Mountain before the end of 1999.

That's how fast the money pours in to the nation's Nuclear Waste Disposal Fund, one mill at a time. And the money is attracting attention, especially during this election year, with Congress running out of time before its planned August recess.

"Today has been extremely rich in terms of rumors," said Mike McCarthy, administrator of the Nuclear Waste Strategy Coalition, when I talked with him on June 28.

"The leadership in the House and Senate have met. People seem to be adjusting their schedules.

The Senate subcommittee funding the Department of Energy (DOE) may use a carrot-and-stick approach this year to push DOE into finding a quicker solution to the long- and short-term nuclear waste crisis. The debate to get the waste stored safely underground promises an appropriations war that could rival the federal budget skirmish.

Current law authorizes only a permanent repository, not interim storage. Utilities, however, claim they're running out of room to cache their waste.

Since the Federal Energy Regulatory Commission (FERC) issued its electric "giga-NOPR" on transmission access, stranded investment, and Real-time Information Networks (RINs), the heat is on (em and rising. Congress is busy, too. It's working hard on telecommunications, nuclear waste, and privatization of the federal power marketing agencies, but the odds may be growing against repeal of PURPA (the Public Utility Regulatory Policies Act) or PUHCA (the Public Utility Holding Company Act.

Over 300 bills were introduced in the first week of the new Congress that convened in January, among them a bill by Sen. J. Bennett Johnston (D-LA) aimed at correcting the government's seriously flawed nuclear waste storage program. Johnston heralded S.