The very existence of the alternative technology program thus now appears to be threatened. DOE's failure to comply with the basic terms of its 1996 ROD is without rational justification, is arbitrary and capricious and in violation of the Administrative Procedure Act. These funds are needed to ensure continuation of the alternative technology program, but DOE nonetheless refuses to transfer them back. DOE's failure to safeguard the funding of the alternative technology program, as appropriated by Congress, is therefore indefensible. We urge you to take immediate action to see to it that funding for the alternative technology program is restored and that the terms of the 1996 ROD are fulfilled.
Time is of the essence.
Accordingly, your most important objectives should be to reactivate the program immediately and to ensure that funding is stable for the remainder of FY 1999 and in subsequent years. We request that you provide to us an explanation of how and why the funds were transferred from the alternative technology program, how this program was permitted to run out of funds, and what steps DOE intends to take to reactivate it. Further, we believe that it is essential that a meeting be scheduled with you and your staff as soon as feasible to discuss the status of the alternative technology program and DOE's plans to comply fully with the terms of the 1996 ROD and the pending EIS and Record of Decision on Spent Nuclear Fuel Management. Thank you for your consideration of this urgent matter. We look forward to hearing from you shortly.