The Nevada Republican Party has decided the time is right take a tour of the nuclear waste repository project at Yucca Mountain and get a first-hand, birds-eye view of the facility.

Members have been invited to take the tour on Friday, December 12th - the day before the organization conducts its official end-of-year meeting. The cost to join the tour is $12 - which includes travel and lunch provided by Marie Calendar.

Although being organized and hosted by the Nevada Republican Party, the tour is open to any member of the public. However, you MUST RSVP in advance for security purposes, and provide the following information: Full name, address, description or type of work and/or title, Social Security number and date of birth.

Central Committee members in Las Vegas will meet at 7:45 am at the Department of Energy office in Summerlin for the bus trip to the facility. For northern/rural Nevadans, you can meet up with the Vegas group at 8:45 am at Gate 100 in Mercury.

For those making a long drive and looking for a place to lay up on Thursday night which isn’t too far from the Mercury entrance, try the Longstreet Inn, Casino and RV Park in Amargosa Valley (775-372-1777).

Or check out the Stagecoach Hotel & Casino (775-553-2419) or the Motel 6 (775-553-9090) in Beatty. There’s also a brand new motel in Beatty called the El Portal (775-553-2912). For RVers, there’s the Space Station RV Park (775-553-3039) or the Beatty RV Park (775-553-2732).

For additional information or to RSVP, please contact the Nevada Republican Party at (702) 258-9182 or info@nevadagop.org

No word on whether “Make Us Glow But Give Us Some Dough” t-shirts or “Embrace the Waste” coffee mugs will be distributed.

United States Code - TITLE 42 - CHAPTER 108 -SUBCHAPTER I - Part C 10167. Benefits agreement

Once selection of a site for a monitored retrievable storage facility is made by the Secretary under section 10165 of this title, the Indian tribe on whose reservation the site is located, or, in the case that the site is not located on a reservation, the State in which the site is located, shall be eligible to enter into a benefits agreement with the Secretary under section 10173 of this title.

November 20, 2008

Mr. Frank Partlow
Executive Director
SAGE Commission
P.O. Box 2700
Reno, NV 89505

VIA SNAIL-MAIL AND E-MAIL

Dear Mr. Partlow,

At the most recent meeting of the SAGE Commission in Reno, it was noted that a primary focus of the commission is to look for opportunities to increase revenue coming to Nevada from the federal government. As the state continues to look for ways to plug the present $1 billion-plus deficit, and in light of Gov. Gibbons’ stated position that all options are “on the table,” I’m writing to encourage the Commission to take a new look at Yucca Mountain.

While it’s true that Yucca Mountain has been a “third rail” of politics in Nevada for the last 20-some years, current realities dictate reconsideration. To be clear, I am not advocating for the project; only that Nevada move from knee-jerk opposition to a position of neutrality. Let’s at least explore all the options before saying “no.”

First, there is little political appetite in the state to dramatically reduce or eliminate existing government programs, agencies and departments.

Secondly, there is even less appetite among Nevada’s citizens for higher taxes. Indeed, a recent poll conducted for our organization showed that 2/3 of Clark County voters would rather accept financial compensation in exchange for Yucca Mountain than have their taxes raised.

Yucca Mountain may be Nevada’s only opportunity to generate sufficient revenue to avoid large-scale spending cuts and/or tax increases. It’s time for the state to open a dialogue and constructively engage in discussions with the federal government to explore the potential economic benefits which might accrue to Nevada as the hosting site for the nation’s nuclear waste repository.

In fact, unbeknownst to most Nevadans, a rather significant offer of financial benefits in exchange for Yucca Mountain was placed on the table in the United States Senate earlier this year.

Sen. James Inhofe (R-Oklahoma) submitted an amendment (SA 4931) to the Lieberman-Warner Climate Security Act of 2008 (S 3036) last June. Section 1824 of the amendment (“Ageement with State of Nevada”) calls for the Secretary of Energy to enter into a benefits agreement with the Governor of Nevada whereby the state would receive:

* $100 million a year during the licensing review phase (going on right now)

* $250 million a year during the construction phase (not including all the high-paying jobs the project would create) and,

* $500 million a year – about half of Nevada’s current budget deficit - once spent nuclear fuel begins to arrive for storage.

It should be noted that this is just an “opening ante” which has been offered to Nevada without Nevada even participating in any negotiations. Clearly it is reasonable to suspect that such compensation could be substantially higher if the state would simply come to the table.

Despite years of proclaiming this project “dead,” Yucca Mountain continues to move forward. The initial facility is already built and the final licensing process is already underway. Nevada needs to acknowledge that if we continue to refuse to constructively engage in discussions and negotiations with the interested parties, there’s a very real possibility that we may end up with the repository anyway without receiving any substantial benefits.

I fail to see how that is in Nevada’s best interest.

As the state’s Nuclear Projects Commission refuses to consider any option for Nevada other than outright opposition to the Yucca Mountain project, I’m hoping the SAGE Commission will step in and take an unbiased, objective and responsible new look at this matter.

Respectfully yours,

Chuck Muth
President

As part of the review process, the NRC will begin hearing challenges to the application “in courtroom-style sessions” in Las Vegas as early as next March. And according to the Associated Press last week, “Nevada officials have notified the NRC that they might file up to 500 ‘contentions’ to the DOE license application, challenging various aspects of the project.”

In other words, Nevada’s brilliant strategic opposition to Yucca Mountain has come down to this: “Throw enough $#%& against the wall and hope some of it sticks.”

This is what passes for enlightened leadership by Sen. Harry Reid and the rest of Nevada’s political class.

“Alternative sources of energy are getting to be more important,” the guv told WVLT in Knoxville recently at a clean energy summit there. “How do I make sure Tennessee is a player and how Tennessee profits from these changes and is not hurt by them? We have some unique resources here in what the University of Tennessee does, what Oak Ridge (science and energy laboratory) does, that puts us in a particularly strong position. When you see that there you just grab it and run.”

Hmmm.

Doesn’t Nevada have some unique resources here when it comes to nuclear energy, especially considering the work being done at UNLV, the Nuclear Test Site and Yucca Mountain? Shouldn’t Gov. Jim Gibbons be asking how to make sure Nevada is a “player” and profits from alternative sources of clean energy, especially nuclear, as well as assure we’re not hurt by them? And considering our budget woes and the potential financial benefits of becoming the National Energy Research Center at Yucca Mountain, shouldn’t Nevada’s elected officials, led by the governor, grab the opportunity and run?

Nah. Let’s just keep our heads buried in the desert sand.

Remind me again: Doesn’t the Nevada Department of Yucca Mountain Disinformation keep telling us that there’s no money available from the federal government for a nuclear waste storage facility?

And did you know that the money going to Idaho “in the form of loans, equity investments and grants to ventures in Bannock, Bingham, Bonneville, Butte, Custer, Jefferson and Madison counties have resulted in the creation of over 5,000 new jobs”?

Remind me again: Could Nevada counties such as Nye, Lincoln, Esmeralda Churchill, Eureka, Lander, Mineral and White Pine use some new economic development assistance?

Among the businesses the DOE program has brought to the state, according to a recent local newspaper story: a manufacturer and industrial contractor that handles materials processing and large fabrication projects which now employs 350 people; a robotic welding manufacturer doing work on NASA’s space shuttle; a steel fabrication company employing 200 people; and a food processor which has added 62 jobs.

Remind me again: Is unemployment going up or down in Nevada?

In addition, Idaho “has also used funds from the agreement to support the Center for Advanced Energy Studies in Idaho Falls and Boise State University’s Small Business Development Center, which helps grow technology-based entrepreneurs in eastern Idaho.”

Remind me again: Is funding for Nevada’s university system being cut or increased?

Remind me again why Nevada refuses to constructively engage in negotiations for financial benefits for the Yucca Mountain project?

An anti-nuke activist group calling themselves Mothers for Peace filed an objection to the plan contending the above-ground storage casks for the spent nuclear fuel might not be able to withstand a terrorist attack and, therefore, posed a danger to people living near the Diablo Canyon power plant in California, as well as to the environment.

But the NRC disagreed, citing “essentially uncontradicted evidence that the probability of a significant radioactive release cause by a terrorist attack was low.”

Hmmm. Fear of a terrorist attack is one of the prime arguments against building the nation’s nuclear waste repository at Yucca Mountain in Nevada. So consider…

Diablo Canyon is located near the city of San Louis Obispo, population 45,000. Yucca Mountain is located in the middle of the barren Nevada desert, population zero. The casks at Diablo Canyon will be stored above ground; the casks at Yucca Mountain will be buried deep inside a mountain. San Louis Obispo is a busy, American city. Yucca Mountain is an isolated patch of federally-owned land surrounded by military installations and high-tech security surveillance.

If the risk of a terrorist attack and danger to the population and environment is low at Diablo Canyon, it’s got to be all but non-existent at Yucca Mountain, right?

Now here’s the really interesting…and disturbing…thing about this decision. The lone dissenter on the NRC was Commissioner Gregory Jaczko. You gotta wonder what set of “essentially uncontradicted” facts Dr. Jaczko was looking at to come to his contrary decision. Or did he even care?

Dr. Jaczko was put on the NRC by Senate Majority Leader Harry Reid. Prior to being put on the NRC, “Dr. Jaczko served as appropriations director for United States Senator Harry Reid and had also served as the Senator’s science policy advisor.” And Harry Reid is the most vocal, adamant opponent of Yucca Mountain. As such, Dr. Jaczko is considered by beltway insiders to be nothing more than an anti-Yucca Mountain puppet of the powerful Senate Majority Leader.

So it should come as no surprise that while three commissioners objectively looked at the security threat of above-ground waste storage at Diablo Canyon and determined it was de minimus, Dr. Jaczko, recognizing that such a ruling would undermine the terrorist threat argument against Yucca Mountain, overlooked the facts and science and voted against the storage plan.

The most disturbing aspect of this is that the next president will get to appoint two new members of the NRC, who will have a vote on the license application to build Yucca Mountain. And if Harry Reid gets to control those appointments and puts two more Dr. Jaczkos on the commission, politics, not science, could well determine the facility’s suitability – further delaying the process of building a permanent waste repository and undermining the nation’s ability to tap into nuclear power to fulfill the nation’s clean-energy needs.

Mr. Debottari took issue with a recent column I wrote in which I pointed out that Sen. James Inhofe of Oklahoma had introduced an amendment to a climate change bill last June in which, if passed, Nevada would receive up to $500 million per year in exchange for hosting the nation’s nuclear waste repository at Yucca Mountain. To which Mr. Debottari wrote:

“I take a real issue with Mr. Muth’s lack of credibility and hopefully you will publish this letter in response. This Muth’s, ‘Cash for Yucca is no fantasy’ article, again shows that the lackey of the Nuclear Energy Institute (NEI ), reports data as facts that has not been even published as of Oct. 2, 2008 at the Government Printing Office. Muth hangs his hat on the Inhofe proposed amendment that has to be adopted to be part of Senate Bill 3036. That is as yet to be debated in the Senate. . . . Muth quotes this paper as if the proposed amendment was going to be accepted. It has no merit until it is voted on and passed by the Senate and the House. This again clearly shows Muth uses useless data as facts to ‘prove’ his view.”

This is so typical…including the horrendous sentence structure and grammar. You see, according the anti-Yucca crowd, no one is allowed to hold an opinion other than lock-step opposition to Yucca Mountain without being a “lackey” of the nuclear industry. According to them, no one is capable of independent thought on this issue. Forget arguing the merits; just smear those with a differing point of view.

But the body of this letter displays a level of ignorance bordering on stupidity. In fact, borrowing from the “Smear Your Opponent” chapter of the anti-Yucca crusaders’ playbook, I’d have to say Mr. Debottari is stuck on stupid.

A United States senator issued an amendment to legislation which any fool can look up on “Thomas,” the official congressional website maintained by the Library of Congress. What Mr. Debottari thinks the Government Printing Office has to do with this is anyone’s guess. But facts are facts, and the fact is Sen. Inhofe’s amendment and offer of cash for Yucca is real.

And contrary to Mr. Debottari’s assertion to the contrary, I never suggested the amendment “was going to be accepted.” In fact, just the opposite. As long as Senate Majority Leader Harry Reid (D-Nevada) controls the Senate, the Inhofe Amendment, much like Count Dracula, will never see the light of day. And that’s the whole point. It’s not that offers of substantial benefits to Nevada for Yucca aren’t out there; it’s that Nevada’s political class won’t even acknowledge them, let alone discuss them.

Fear, smear and disinformation. That’s the crux of the anti-Yucca propaganda machine’s PR campaign. What’s that say about the actual substance of their arguments?

Neil A. Rombardo
Carson City District Attorney
201 North Carson Street
Carson City, NV 89701

VIA FAX AND SNAIL-MAIL
Fax: (775) 887-2129

Dear Mr. Rombardo,

As I am sure you are aware, Bob Loux – executive director of the Nuclear Waste Project Office (NWPO) for the state of Nevada – recently admitted to the Legislature’s Interim Finance Committee to committing malfeasance in office by breaking his agency’s budget, due in part to giving himself and his staff unauthorized and possibly unlawful pay raises. He has since tendered his resignation to the Nuclear Projects Commission which oversees his operation.

However, in remarks to the Commission last month Mr. Loux advised that the decision to take a former employee’s salary and divide it up was collectively discussed and made by the entire NWPO staff. I don’t know if such actions rise to the legal level of conspiracy to commit an unlawful act, but certainly believe it bears investigation. Such a potential breach of the public trust should not be swept under the rug.

To that end, on October 2, 2008, I requested in writing that the Nevada Office of the Attorney General launch a criminal investigation of this entire matter (copy attached).

In a letter dated October 8, 2008 (copy attached) signed by Gregory M. Smith, Chief of Investigations for the Office of the Attorney General, I was advised that Attorney General Catherine Cortez Masto has determined that her office has a conflict of interest in investigating Mr. Loux and the NWPO (copy attached) and has referred requests for investigations of this matter to the Washoe County Sheriff’s Office. I am not sure why this matter was referred to the Washoe County Sheriff’s Office, and no explanation of this decision was offered in the letter.

I am writing you today because I believe your office would be the more appropriate entity to pursue this matter. Admittedly, I am a layman when it comes to reading the Nevada Revised Statutes; however, NRS 228.175 (copy attached) – “Prosecution of offense by state officer or employee” - would seem to apply in this situation.

According to the statute, “The Attorney General has primary jurisdiction to investigate and prosecute criminal offenses committed by state officers or employees in the course of their duties or arising out of circumstances related to their positions.” As Mr. Loux and his staff are clearly state employees, an investigation of alleged criminal offenses would normally fall within the Attorney General’s purview.

However, as noted above, the Attorney General has elected not to pursue this matter. And NRS 228.175 provides that a district attorney may launch an investigation if “The Attorney General has stated in writing to the district attorney that the Attorney General does not intend to act in the matter.”

The language of the NRS seems to indicate that the Legislature intended that a district attorney, not a county sheriff, investigate matters such as these which the Attorney General opts not to pursue.

As the alleged criminal offenses committed by Mr. Loux and/or the staff of the NWPO occurred in Carson City, I am writing today to ask that your office, per NRS, inquire “in writing of the Attorney General whether the Attorney General will act in the matter.” And if the Attorney General advises you – as she has advised me - that she will not, I request that your office launch its own investigation.

Thank you for your prompt consideration of this matter.

Sincerely yours,

Chuck Muth
President

October 13, 2008

Governor Jim Gibbons
State Capitol
101 N. Carson Street
Carson City, NV 89701

VIA FAX AND SNAIL-MAIL
Fax: (775) 684-5683

Dear Gov. Gibbons,

First, I want to thank you for your prompt and decisive action in requesting the resignation of Nevada Nuclear Waste Project Office executive director Bob Loux in the immediate aftermath of revelations that he committed malfeasance in office by extending to himself and his staff unauthorized pay raises which contributed to breaking his agency’s budget last year.

I’m writing today, however, to share concerns over who you might appoint to replace Mr. Loux.

Some have suggested that in order to maintain a level of management consistency in the NWPO that Joe Strolin, Mr. Loux’s right-hand man, would be an ideal replacement and natural heir. I couldn’t disagree more and urge you to reject such a recommendation from the Nuclear Projects Commission should they forward his name for your consideration.

In offering his resignation last month, Mr. Loux advised the Commission that he had discussed the matter of those unauthorized raises with his staff, including Mr. Strolin, and that he and his staff collectively agreed to this action. While Mr. Loux’s actions were clearly unethical, and possibly criminal, that Mr. Strolin apparently was a willing accomplice in that decision indicates a serious lack of judgment on his part and a dangerously cavalier attitude toward the public’s money.

In my opinion, this alone is reason enough to disqualify Mr. Strolin from consideration as the next executive director of the NWPO. I respectfully ask that you give some consideration to these concerns when weighing your options on the appointment of Mr. Loux’s replacement.

Sincerely yours,

Chuck Muth
President