Recognizing the critical need to address the issue of nuclear waste disposal, the Congress enacted the Nuclear Waste Policy Act of 1982 to establish a comprehensive policy and program for the safe, permanent disposal of commercial spent fuel and other highly radioactive wastes in one or more mined geologic repositories. The act created the Office of Civilian Radioactive Waste Management within DOE to manage its nuclear waste program. Amendments to the act in 1987 directed DOE to investigate only the Yucca Mountain site. The Nuclear Waste Policy Act also set out important and complementary roles for other federal agencies: The Environmental Protection Agency (EPA) was required to establish health and safety standards for the disposal of wastes in repositories. EPA issued standards for the Yucca Mountain site in June 2001 that require a high probability of safety for at least 10,000 years. NRC is responsible for licensing and regulating repositories to ensure their compliance with EPA’s standards. One prerequisite to the secretary’s recommendation was obtaining NRC’s preliminary comments on the sufficiency of DOE’s site investigation for the purpose of a license application. NRC provided these comments on November 13, 2001. If the site is approved, then NRC, upon accepting a license application from DOE, has 3 to 4 years to review the application and decide whether to issue a license to construct, and then to operate, a repository at the site. The Nuclear Waste Technical Review Board (the board) reviews the technical and scientific validity of DOE’s activities associated with investigating the site and packaging and transporting wastes. The board must report its findings and recommendations to the Congress and the secretary of energy at least twice each year, but DOE is not required to implement these recommendations. DOE has designated the nuclear waste program, including the site investigation, as a “major” program that is subject to senior management’s attention and to its agencywide guidelines for managing such programs and projects. The guidelines require the development of a cost and schedule baseline, a system for managing changes to the baseline, and independent cost and schedule reviews. DOE is using a management contractor to carry out the work on the program. The contractor develops and maintains the baseline, but senior DOE managers must approve significant changes to cost or schedule estimates. In February 2001, DOE hired Bechtel SAIC Company, LLC (Bechtel), to manage the program and required the contractor to reassess the remaining technical work and the estimated schedule and cost to complete this work. DOE is not prepared to submit an acceptable license application to NRC within the statutory limits that would take effect if the site is approved. Specifically, DOE has entered into 293 agreements with NRC to gather and/or analyze additional technical information in preparation for a license application that NRC would accept. DOE is also continuing to address technical issues raised by the board. In September 2001, Bechtel concluded, after reassessing the remaining technical work, that DOE would not be ready to submit an acceptable license application to NRC until January 2006. Moreover, while a site recommendation and a license application are separate processes, DOE will need to use essentially the same data for both. Also, the act states that the president’s recommendation to the Congress is that he considers the site qualified for an application to NRC for a license. The president’s recommendation also triggers an express statutory time frame that requires DOE to submit a license application to NRC within about 5 to 8 months. The 293 agreements that DOE and NRC have negotiated address areas of study within the program where NRC’s staff has determined that DOE needs to collect more scientific data and/or improve its technical assessment of the data. According to NRC, as of March 4, 2002, DOE had satisfactorily completed work on 38 of these agreements and could resolve another 22 agreements by September 30 of this year. These 293 agreements generally relate to uncertainties about three aspects of the long-term performance of the proposed repository: (1) the expected lifetime of engineered barriers, particularly the waste containers; (2) the physical properties of the Yucca Mountain site; and (3) the supporting information for the mathematical models used to evaluate the performance of the planned repository at the site. The uncertainties related to engineered barriers revolve around the longevity of the waste containers that would be used to isolate the wastes. DOE currently expects that these containers would isolate the wastes from the environment for more than 10,000 years. Minimizing uncertainties about the container materials and the predicted performance of the waste containers over this long time period is especially critical because DOE’s estimates of the repository system’s performance depend heavily on the waste containers, in addition to the natural features of the site, to meet NRC’s licensing regulations and EPA’s health and safety standards. The uncertainties related to the physical characteristics of the site center on how the combination of heat, water, and chemical processes caused by the presence of nuclear waste in the repository would affect the flow of water through the repository. The NRC staff’s concerns about DOE’s mathematical models for assessing the performance of the repository primarily relate to validating the models; that is, presenting information to provide confidence that the models are valid for their intended use and verifying the information used in the models. Performance assessment is an analytical method that relies on computers to operate mathematical models to assess the performance of the repository against EPA’s health and safety standards, NRC’s licensing regulations, and DOE’s guidelines for determining if the Yucca Mountain site is suitable for a repository. DOE uses the data collected during site characterization activities to model how a repository’s natural and engineered features would perform at the site. According to DOE, the additional technical work surrounding the 293 agreements with NRC’s staff is an insignificant addition to the extensive amount of technical work already completed—including some 600 papers cited in one of its recently published reports and a substantial body of published analytic literature. DOE does not expect the results of the additional work to change its current performance assessment of a repository at Yucca Mountain. “lthough significant additional work is needed prior to the submission of a possible license application, we believe that agreements reached between DOE and NRC staff regarding the collection of additional information provide the basis for concluding that development of an acceptable license application is achievable.” The board has also consistently raised issues and concerns over DOE’s understanding of the expected lifetime of the waste containers, the significance of the uncertainties involved in the modeling of the scientific data, and the need for an evaluation and comparison of a repository design having a higher temperature with a design having a lower temperature. The board continues to reiterate these concerns in its reports. For example, in its most recent report to the Congress and the secretary of energy, issued on January 24, 2002, the board concluded that, when DOE’s technical and scientific work is taken as a whole, the technical basis for DOE’s repository performance estimates is “weak to moderate” at this time. The board added that gaps in data and basic understanding cause important uncertainties in the concepts and assumptions on which DOE’s performance estimates are now based; providing the board with limited confidence in current performance estimates generated by DOE performance assessment model. As recently as May 2001, DOE projected that it could submit a license application to NRC in 2003. It now appears, however, that DOE may not complete all of the additional technical work that it has agreed to do to prepare an acceptable license application until January 2006. In September 2001, Bechtel completed, at DOE’s direction, a detailed reassessment in an effort to reestablish a cost and schedule baseline. Bechtel estimated that DOE could complete the outstanding technical work agreed to with NRC and submit a license application in January 2006. This date, according to the contractor, was due to the cumulative effect of funding reductions in recent years that had produced a “…growing bow wave of incomplete work that is being pushed into the future.” Moreover, the contractor’s report said, the proposed schedule did not include any cost and schedule contingencies. The contractor’s estimate was based on guidance from DOE that, in part, directed the contractor to assume annual funding for the nuclear waste program of $410 million in fiscal year 2002, $455 million in fiscal year 2003, and $465 million in fiscal year 2004 and thereafter. DOE has not accepted this estimate because, according to program officials, the estimate would extend the date for submitting a license application too far into the future. Instead, DOE accepted only the fiscal year 2002 portion of Bechtel’s detailed work plan and directed the contractor to prepare a new plan for submitting a license application to NRC by December 2004. Under the Nuclear Waste Policy Act, DOE’s site characterization activities are to provide information necessary to evaluate the Yucca Mountain site’s suitability for submitting a license application to NRC for placing a repository at the site. In implementing the act, DOE’s guidelines provide that the site will be suitable as a waste repository if the site is likely to meet the radiation protection standards that NRC would use to reach a licensing decision on the proposed repository. Thus, as stated in the preamble (introduction) to DOE’s guidelines, DOE expects to use essentially the same data for the site recommendation and the license application. In addition, the act specifies that, having received a site recommendation from the secretary, the president shall submit a recommendation of the site to the Congress if the president considers the site qualified for a license application. Under the process laid out in the Nuclear Waste Policy Act, once the secretary makes a site recommendation, there is no time limit under which the president must act on the secretary’s recommendation. However, when the president recommended, on February 15, that the Congress approve the site, specific statutory time frames were triggered for the next steps in the process.