Yucca Mountain News Clips Thursday, October 30, 2003 --------------------------- Las Vegas SUN October 29, 2003 Nuclear Waste Dump Opening May Be Delayed Associated Press LAS VEGAS (AP) - A federal appeals court ruling could delay plans to open the Yucca Mountain nuclear waste dump over conflict of interest charges facing the government's former law firm. A federal appeals court in Washington, D.C., on Tuesday sent the case back to U.S. District Court to determine if the Energy Department had ruled out any conflict of interest before hiring its legal counsel, the Chicago-based firm Winston & Strawn. The firm, which spent two years preparing the department's application for a Nuclear Regulatory Commission permit, withdrew as counsel in November 2001 after the allegations were raised. The firm had lobbied for a pro-nuclear group and had previously done work for a Yucca Mountain contractor. If a judge finds the Energy Department didn't consider the potential conflict before hiring the firm, the contract could be given to another law firm, the Las Vegas Sun reported in Wednesday's editions. That could mean a delay in the project because all of Winston's work could be reviewed, said Washington attorney Joe Egan, who works for Nevada on its opposition to the nuclear waste site, about 90 miles northwest of Las Vegas. "This is amazing," Egan said. "This is a blow-out victory for Nevada." The court's ruling came in response to a lawsuit filed by LeBoeuf, Lamb, Green and MacRae, a law firm that had bid and lost the contract. The appeals court ruled the Energy Department must provide evidence that the law firm was qualified to bid despite the conflict. If it cannot, the court could award the contract to LeBoeuf, the judges said. The Energy Department, which has been without a legal counsel since the law firm left, plans to submit its application by the end of 2004, and hopes to open Yucca Mountain by 2010. Energy Department spokesman Joe Davis wouldn't comment on the ruling, but said it should not delay the Yucca Mountain project. "We are reviewing the court's decision," Davis said. "Our plan remains to submit a license application to the (Nuclear Regulatory Commission) by the end of 2004." --------------------------- Las Vegas SUN October 29, 2003 Ruling keeps pressure on DOE over conflict By Suzanne Struglinski <suzanne@lasvegassun.com> Las Vegas SUN WASHINGTON -- A federal appellate court's opinion that the Energy Department did not adequately prove it ruled out conflict-of-interest problems with former legal counsel Winston & Strawn mirrors what the department's inspector general said almost two years ago. The federal court ruling echoed the questions raised in the inspector general's report, which said the Energy Department didn't answer questions about the potential conflict of interest. After two years, the agency still has yet to make a public statement clearing up the issue. That does not sit well with Nevada lawmakers, who say it's another clear sign of the department's blind push for the project. Sen. John Ensign, R-Nev., said the apparent conflict of interest "blinds" the department from any objective science that recommends anything other than going forward with the site. "This is very significant news and should be proof to people that think Yucca Mountain is inevitable that the fight is not over," Ensign said. Rep. Jim Gibbons, R-Nev., said the court's decision supported Nevada's arguments. "It's no surprise that the department also chose to ignore a blatant conflict of interest of a contractor working for both the DOE and the nuclear industry as well," he said. Energy Department spokesman Joe Davis said the department's legal team is still reviewing the case so he could not speculate on what could happen next or provide comments on the case's outcome since it is still ongoing. He emphasized that the department is still aiming for the December 2004 license application submission to the Nuclear Regulatory Commission. The court ruling, though, could push that back. If the lower court finds that the department didn't handle the conflict issue and brings in a new legal counsel to prepare the license, the new attorneys may have to review all of the work Winston & Strawn did over two years. A Nov. 13, 2001, inspector general report examining the alleged conflict of Winston & Strawn, which had a $16.5 million contract to review Yucca Mountain documents while lobbying for the Nuclear Energy Institute, the project's top supporter, says the firm did not disclose its lobbying when it applied for the department contract, but also that DOE "was not entirely successful in managing these issues." The report stemmed from requests by the Nevada congressional delegation and Gov. Kenny Guinn to examine Winston & Strawn after the Sun discovered the firms registered lobbying records in July 2001. Inspector General Gregory Friedman wrote that any law firm with the required experience to get the department's contract to review the Yucca documents could have some conflict but that how all the "intersections and potential conflicts were identified, disclosed, addressed and resolved by the law firm and the Department" were not clear. Friedman discovered that Winston & Strawn said it could not answer a lot of the questions about its work for NEI because of attorney-client privilege. The report said that hurt the department's efforts to evaluate its eligibility. However, the inspector general said DOE should "promptly evaluate" what the report found and if any conflict existed that it should "pursue remedies to ensure the integrity of the Yucca Mountain project." In the report the inspector general found 14 Winston & Strawn employees billed for work on the Yucca legal contract while working on NEI matters. The firm had been a registered lobbyist for NEI from January 1995 through July 2001, which also included time when it was serving as a subcontractor to TRW Environmental Safety Systems, Inc. but did not tell Energy Department about these activities until July 2001, when it withdrew from the contract. When the inspector general interviewed the firm two years ago, members said they "didn't think of it (the NEI work)" according to the report. A message left at Winston & Strawn's Chicago office was not returned. Tuesday's opinion by the U.S. Circuit Court of Appeals for the District of Columbia sent a lawsuit filed by a competing law firm back to the federal District Court. It said the Energy Department must provide evidence that the law firm was qualified to bid despite the conflict. LeBoeuf, Lamb, Green and MacRae bid was $3.6 million higher for the contract than Winston's at the time. The firm sued on the conflict of interest charges and now the case will go back to the lower court. Gibbons said he looks forward to the court's action. "It is my hope that the courts -- an impartial forum based on the law -- will once and for all hold the DOE accountable for rushing head-long toward opening Yucca Mountain for the nuclear industry at the cost of the health and safety of Nevadans," Gibbons said. Mike Bauser, associate general counsel for the Nuclear Energy Institute, called the court's action a "highly procedural" and "technical" decision and that it was too early to tell what the case's exact effect on the Yucca project would be. He noted that the court decision handed down did not say all of the work Winston completed needed to be readdressed but simply told the district court to look at the conflict of interest issues and take it from there. But Ensign said "It gives our side much more ammunition." --------------------------- Las Vegas SUN October 29, 2003 Dean 'sees the light' on nuclear waste 2004 presidential candidate pays visit to Las Vegas By Dan Kulin <dan@lasvegassun.com> Las Vegas SUN Democratic presidential candidate Howard Dean, who supported turning Yucca Mountain into the nation's nuclear waste dump in the past, said Tuesday that if elected president he would halt work to study the safety of burying nuclear waste there. But Dean, a former governor of Vermont, wouldn't rule out turning Yucca into a nuclear waste dump. "In 1996 I wrote a letter to my senator saying you ought to vote for Yucca Mountain because we've got a nuclear power plant, and I want to get the stuff out of my state. "Now that we're running for president, now I have seen the light," Dean told about 250 supporters at a $100-per-person reception at a Las Vegas home Tuesday. "I'm not going to promise you I'm going to be against Yucca Mountain, but if I become president ... we're going to stop construction and we're going to have a complete safety review," Dean said. "I worry deeply about corrosive nuclear waste rotting through the casks and having stuff buried all that far underground so we're going to revisit all this stuff." Earlier Tuesday, after arriving at the North Las Vegas Airport on his way to the fund-raiser, Dean said there needs to be one central repository for the nation's nuclear waste. He said he didn't know where that would be if Yucca is ultimately ruled out. "I can't take a position against Yucca Mountain because we've got to review the entire science of this. ... I'm not going to say Yucca Mountain is out, and I'm just not going to say it is in, either." Dean was wearing a small anti-nuclear Nevada-shaped pin on his lapel when he greeted the 25 supporters waiting at the airport. He said the pin was given to him by a "fan" and he believes in supporting his fans. But even though Dean wouldn't say whether he would ultimately support burying nuclear waste at Yucca Mountain, he said the issue will lead Nevadans to vote for a Democrat in Nov. 2004. The state's electoral votes went to Bush in 2000. "Nevada will vote Democratic this time simply because George Bush tried to turn you into a nuclear waste dump," Dean told supporters at the airport. "Given what President Bush's record in Nevada is he's clearly written off Nevada." Yucca Mountain, 90 miles northwest of Las Vegas, is the proposed site for a high-level nuclear waste repository that could eventually contain 77,000 tons of spent nuclear fuel and radioactive wastes from defense activities. Dean addressed the Yucca Mountain issue during a 20-minute speech he gave at the cocktail party fund-raiser at the home of Rand Young and Dr. Mel Pohl, in the gated Ten Oaks neighborhood at Oakey and Buffalo. The candidate, who opposed going to war in Iraq, also criticized President Bush's foreign policy and Bush's tax cuts, which Dean said gave too much to the rich. Dean also said the nation needs a balanced budget and a health care system like Vermont's, where almost all children, seniors and the poor have health insurance. After the speech, Dean took questions from the audience on issues ranging from education and energy to gun control and a potential running mate. Dean said Bush's No Child Left Behind education program has been terrible. The program essentially tells local school districts how to run their schools, he said. While there should be accountability and testing, Dean said, the local districts should decide what kind tests to give. As to who he would choose as a vice presidential running mate would be, Dean said: "It certainly will be somebody with a military or defense, foreign policy background." The list of other Democratic presidential contenders includes retired Gen. Wesley Clark. Dean follows Clark in becoming the fourth Democratic presidential candidate to visit Las Vegas this year, but Dean was the first to include a public appearance in his schedule. Clark, Rep. Dick Gephardt of Missouri and Sen. John Edwards of North Carolina have also visited Las Vegas this year. The other Democratic candidates include senators John Kerry of Massachusetts and Joseph Lieberman of Connecticut. Dean also told the crowd at the fund-raiser that he supports tax credits for solar and wind electricity generation. On gun control, Dean said he supports a ban on assault weapons, the Brady Bill, and closure of the gun show loophole. Any restrictions beyond those should be up to the individual states, he said. Dean said he would end federal investment in development of the "star wars" satellite laser system once hailed as the ultimate defense against missile attacks. He also said he would cut off the government's financial support for the development of tactical nuclear weapons. To combat illegal immigration, Dean said the long-term solution is to work to improve working conditions, worker safety, and environmental regulations in other countries. He would also get rid of the military's don't ask don't tell policy on homosexuals in the military. Dean said if elected, he would "include sexual orientation in every single discrimination statute in the country." As governor, Dean signed a law allowing homosexuals to enter into civil unions in Vermont. Some supporters said they are concerned Republicans will use that to attack Dean as being pro-gay marriage. But Dean said Tuesday, "I don't know why gay marriage is an issue in the campaign. Civil union's not the same as gay marriage." Fund-raiser host Pohl, who is gay, said he doesn't expect Dean would push for a national gay marriage or civil union act. Instead Pohl said he expects Dean would leave the adoption of such laws to the states. "But what he stands for is doing the right thing," Pohl said. The issue not gay rights, it's about human rights, he said. Donna Knight, a retired Air Force lieutenant colonel, said the issue is "equality for all." Knight said she became a Dean supporter as soon as he spoke out against going to war in Iraq and has grown to like Dean more and more as she learns about his opinions on different issues. Richard Segerblom, a Dean supporter and organizer of Tuesday's events, said he expects Republicans will blast Dean over his stand on the war in Iraq and civil unions. "But those issues are just diversions. The real issues are health insurance and balancing the budget," Segerblom said. Segerblom, who is a former head of the state Democratic Party, said the Yucca Mountain issue could hurt Dean in the state caucus, but won't in the general election because Bush wants nuclear waste in Yucca Mountain. George Matthews, 45, a retired antique dealer and one of the Dean supporters who greeted the candidate at the airport, said health care was the most important issue for him. He also agrees with Dean's stand on Iraq. The cocktail party was the first of two Dean fund-raisers on Tuesday. After his speech and question and answer time at the first fund-raiser, Dean left for the Las Vegas home of Michael Chambers and Greg Shay to be the guest of honor at a $1,000-per-person dinner reception. Segerblom said this morning that the events raised about $70,000 for Dean. The $100-per-person event drew a crowd that included several local politicians, including Clark County Commissioners Myrna Williams and Yvonne Atkinson Gates, and state assembly members Chris Giunchigliani, David Parks and William Horne. --------------------------- Las Vegas Review-Journal October 30, 2003 Editorial: Dean's pandering Democratic presidential front-runner Howard Dean dropped by town Tuesday to attend a $100-dollar-a-plate reception, further padding his money lead over his challengers. At a press conference prior to the event Mr. Dean, former governor of Vermont, engaged in the usual tap dance on the issue of Yucca Mountain. "Nevada will vote Democratic this time simply because George Bush tried to make you into a nuclear waste state," he said. That's a laugh. Mr. Dean is no less likely to endorse Yucca Mountain than any other candidate, Democrat or Republican -- and his support as governor of Vermont for the repository provides evidence of that. The notion that Mr. Dean has now "seen the light" (his words) on the matter reeks of cynical pandering. This kind of disingenuousness is becoming more and more typical of the Dean candidacy. For instance, during the 1990s, Mr. Dean -- a physician by trade -- endorsed a handful of market-oriented Medicaid reforms. Having had first-hand experience dealing with the federal Medicaid bureaucracy, Mr. Dean correctly recognized that structural changes were necessary to ensure the program's long-term survival. Yet once a few of his fellow Democrats pointed out that those same reforms were embraced by -- gasp! -- Newt Gingrich (flash slide of the devil himself), Mr. Dean turned tail and ran from his previous position on the issue. Then there's affirmative action. In 1995, Mr. Dean backed the perfectly defendable idea that such programs be based "not on race, but on class." So when race-baiter Al Sharpton this week accused Mr. Dean of pushing an "anti-black agenda," in part due to that quote, what did the candidate do? Again, Mr. Dean turned tail, saying he now believes "affirmative action has to be about race." And this guy is supposed to be the straight shooter in the crowd. --------------------------- Las Vegas SUN October 30, 2003 Editorial: Yucca work too critical for any bias Las Vegas SUN In July 2001 the Las Vegas Sun uncovered proof that the law firm chosen by the Energy Department to prepare a license application for Yucca Mountain had previous ties to the nuclear power industry. The disclosure was significant because it demonstrated a conflict of interest, which is not allowed under the regulations governing the development of Yucca Mountain. The nuclear power industry strongly supports opening Yucca Mountain. The Energy Department, however, is supposed to be relying on scientific studies alone in determining whether to develop Yucca Mountain, 90 miles northwest of Las Vegas, as the nation's lone burial site for high-level nuclear waste. Three months after the Sun's story, the Chicago-based law firm of Winston & Strawn withdrew as the Energy Department's counsel. The withdrawal came after Winston & Strawn had invested two years of research and preparation into the license application. The withdrawal also came after the Energy Department's inspector general found that the law firm, in applying for the $16.5 million contract, had not disclosed its conflict. The firm had represented the former main contractor on Yucca Mountain and had lobbied for the Nuclear Energy Institute, the project's top supporter. A competing law firm that had bid for the license-application contract argued in a federal suit that its bid should be awarded because Winston & Strawn hadn't disclosed the conflict. Tuesday, in response to the suit, a federal appeals court said the Energy Department must present evidence that Winston & Strawn was qualified for the contract, despite its conflict. If the Energy Department cannot provide acceptable evidence, we believe the license application work must start over. The nation needs assurances that a project of this importance is free of bias. --------------------------- Las Vegas SUN October 30, 2003 Editorial: Dean's reassessment Las Vegas SUN Democratic presidential candidate Howard Dean, who supported storing nuclear waste at Yucca Mountain when he was Vermont's governor, has softened his stand since seeking the presidency. A couple of months ago Dean said he would reassess his position on Yucca Mountain, which is just 90 miles northwest of Las Vegas. It was encouraging that Dean, during a Tuesday trip to Las Vegas for a couple of fund-raisers, said if he became president he would halt construction at Yucca Mountain and order a complete safety review. But don't uncork the champagne just yet: Dean won't rule out storing nuclear waste in Nevada, either. Nevadans have grown used to congressional candidates and presidential hopefuls stopping in Las Vegas for fund-raisers and saying that they would use "sound science" to base their decision on Yucca Mountain. With the notable exception of Bill Clinton, rarely do candidates back up their talk if they get to Washington. The most notorious example was George W. Bush, who told Nevadans during the 2000 campaign that he would use "sound science" to make his recommendation on Yucca Mountain. But Bush pushed Congress to approve Yucca Mountain despite all of the scientific evidence that shows just how dangerous it is to ship nuclear waste to Nevada and bury it here. While Dean now is taking a cautious approach on Yucca Mountain, we hope that view doesn't soften as he campaigns in states that want to rid themselves of nuclear waste. It also should be mentioned that three other major Democratic presidential nominees aren't recent converts on this issue. Last year Sen. Joseph Lieberman, Sen. John Kerry and Rep. Richard Gephardt all voted against sending nuclear waste here. Republicans point out that Yucca Mountain isn't a partisan issue because many Democratic members of Congress have supported the dump, but at the presidential level it sure is clear who our real friends have been. --------------------------- NRC October 30, 2003 No. 03-138 NRC Invites Public to Submit Nominations for The Advisory Committee on Nuclear Waste The U.S. Nuclear Regulatory Commission (NRC) is seeking qualified candidates for an appointment to its Advisory Committee on Nuclear Waste (ACNW). Currently there are five positions and the Commission is seeking to fill one of the positions on the Committee. The ACNW is a part-time advisory group established by the NRC in 1988 to provide independent technical review of and advice on the disposal of nuclear waste, including all aspects of nuclear waste disposal facilities, as directed by the NRC. The ACNW undertakes independent studies and reviews related to disposal, storage, and transportation of both high- and low-level radioactive waste including interim storage of spent nuclear fuel; materials safety; and facilities decommissioning. This encompasses activities related to rulemakings, associated regulatory guides, and technical positions developed to support and clarify NRC´s nuclear materials and radioactive waste regulations. Currently, the Commission is seeking an individual with technical expertise in radioactive waste disposal, site remediation and closure activities, materials degradation, corrosion of metals and alloys, and nuclear fuel cycle. The ACNW membership includes individuals who possess specific technical expertise along with a broad perspective in addressing safety concerns. Committee members are selected from a variety of engineering and scientific disciplines, such as risk assessment, chemistry, mechanical engineering, civil engineering, materials sciences, and earth sciences. At this time, candidates are being sought who have 15-20 years of experience, including graduate level education, in the management and disposal of radioactive waste. Committee members serve a 4-year term with the possibility of reappointment for a total service of eight years. Criteria used to evaluate candidates include education and experience, demonstrated skills in nuclear waste management matters, and the ability to solve complex technical problems. The Commission, in selecting its Committee members, considers the need for a specific expertise to accomplish the work expected to be before the ACNW. For this position, the expertise must be directly related to the areas of radioactive waste disposal, site remediation and closure activities, materials degradation, corrosion of metals and alloys, and nuclear fuel cycle. Demonstrated experience would be particularly desirable in engineering design and risk assessment associated with underground structures, tunnels, and mining complexes, with emphasis in the area of radioactive waste storage and disposal. Consistent with the requirements of the Federal Advisory Committee Act, the Commission seeks candidates with diverse backgrounds so that the membership on the Committee will be fairly balanced in terms of the points of view represented and functions to be performed by the Committee. Candidates for ACNW appointments may be involved in or have financial interests related to NRC-regulated aspects of the nuclear industry. Because conflict-of-interest considerations may restrict the participation of a candidate in ACNW activities, the degree and nature of any such restriction on an individual´s activities as a member will be considered in the selection process. Each qualified candidate´s financial interests must be reconciled with applicable Federal and NRC rules and regulations prior to final appointment. This might require divestiture of securities or discontinuance of certain contracts or grants. Information regarding these restrictions will be provided upon request. A resumé describing the educational and professional background of the candidate, including special accomplishments and professional references should be provided. Candidates should provide their current address, telephone number, and e-mail address. All candidates will receive careful consideration. Appointment will be made without regard to such factors as race, color, religion, national origin, sex, age, or disabilities. Candidates must be citizens of the United States and be able to devote approximately 70-100 days per year to Committee business. Applications will be accepted until December 31, 2003. Copies of resumés of nominees should be sent to Ms. Sherry Meador, Administrative Assistant, ACRS/ACNW, Mail Stop T2E-26, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, e-mail address SAM@NRC.gov. --------------------------- Pahrump Valley Times October 29, 2003 YUCCA MOUNTAIN PROJECT Official warns of more delays By Steve Tetreault PVT Washington Bureau WASHINGTON - A top nuclear regulator said Thursday the opening of a Nevada nuclear waste repository is likely to be delayed by five years or more by lengthy government reviews and potential uncertainties about the project's design. "It's almost a fact" that the Energy Department won't be burying nuclear waste at Yucca Mountain by 2010 as planned, said Edward McGaffigan, a member of the Nuclear Regulatory Commission. Rather, he said 2015 is a more realistic target given complex and lengthy procedures at the NRC, which must evaluate DOE's repository proposal in two separate licensing proceedings before spent fuel could be accepted at the site 50 miles northwest of Pahrump and 20 miles east and north of Beatty and Amargosa Valley respectively. McGaffigan said licensing could be delayed even more if Energy Department officials believe they can adjust the repository proposal during the licensing process, as he said they have signaled. "DOE has to have its act together the day it applies," McGaffigan said. "At the most senior levels of DOE, I'm not sure they understand this." Despite the regulator's assessment, DOE continues to believe it can meet a 2010 timeline to open a Yucca repository, department spokesman Joe Davis said. Davis said DOE plans to file a license application "that will meet all environmental and regulatory requirements" and will not need to be changed after it is submitted. The department continues to eye a December 2004 application filing. "We believe we can get a license to the NRC and with their review periods and requirements, get waste emplaced in 2010," Davis said. Bob Loux, head of the Nevada Agency for Nuclear Projects, said McGaffigan's assessment is consistent with that of state officials who are leading opposition to the repository. "It might even be worse that if you take a look at what has yet to be resolved," Loux said, citing ongoing studies on waste package corrosion, volcanic activity at Yucca Mountain, and the impact of military flights near the sites among other topics. "I can see if DOE were to do this right, they would be out there until 2006, 2007, 2008 before they even file an application," Loux said. McGaffigan's comments were prompted by a report this week from the Nuclear Waste Technical Review Board, an advisory panel that challenged the Energy Department's preferred repository design. Review board members told the Energy Department its plans for spacing waste containers within the repository will cause localized corrosion in the canisters and possible leakage of radioactive materials. In comments during and after a meeting Thursday between NRC commissioners and their nuclear waste advisers, McGaffigan said he has noticed DOE officials saying they plan to maintain flexibility in their planning. He warned there is little flexibility when it comes to NRC licensing. Evaluators are expected to take three to four years to review DOE's initial construction license, plus multiple years more for a required second license to actually receive and place waste into the repository. "We don't get hearings over quickly around here," he said. "Getting the commission to complete its work in three or four years, we need a high quality and stable DOE application." On top of that, McGaffigan said he expects experienced attorneys hired by the state of Nevada to aggressively challenge the license all along the way in hearings that will resemble a court trial. By contrast, he said, the Energy Department is being hampered because its lawyers have little experience in nuclear licensing. The project's legal contractor, Winston & Strawn LLP, left in October 2001 and the department has not hired a replacement firm. Officials say they are looking. "Somebody needs to lay this out," McGaffigan said. "DOE is sitting there without counsel and there are some very naive notions coming out of DOE officials' mouths about 'flexibility.'" --------------------------- Pahrump Valley Times October 29, 2003 Members named to impacts advisory board PVT Fifteen residents were chosen by Nye County Commissioners on Oct. 21 to serve as members of a Nye County federal impacts advisory board. The board would study the impacts on Nye County from various federal institutions such as Nellis Air Force Base, Nevada Test Site and Yucca Mountain. Appointed members include Zolin Burson, Walt Kuver, Dale Schutte, John Pawlak, Bill King, Ed Hanson, Rebecca Smith, Gary Hollis, Dirk Pearson, Robert Adams, Marjorie Williams, Brent Claasen and Jerome Pollock from Pahrump; John McNeely and John Bosta from Amargosa Valley and Dirk Pearson from Tonopah. Seventeen residents applied to serve on the board. Sally Devlin and Patricia Zemany of Pahrump weren't selected. Devlin, a meeting regular, protested her exclusion from the board to Nye County Commissioners. --------------------------- Pahrump Valley Times October 29, 2003 Nye plays David to Clark's Goliath Doug McMurdo Nye County Commission Chairman Henry Neth's opinion piece in Sunday's Las Vegas Review-Journal did a good job explaining rural Nevada's stance on the proposed transportation routes to Yucca Mountain. And specifically why Clark County was left out of the loop, so to speak, when Nye, Esmeralda, and Lincoln counties recently formed a partnership - Nevada's version of the axis of evil, if you ask some folks in Clark County - for discussions with the energy department. Neth was pleased with the treatment the article received from the Review-Journal, but he said it was published under the wrong byline. On Monday the chairman said he didn't write the column. "I wish I had," he said. "That was a strong statement and the message was right on. But Commissioner (Candice) Trummell wrote it." So how did Neth's byline appear all by its lonesome at the top of the article? "The original idea was that all five commissioners would sign it, but (Chief Civil Deputy District Attorney) Ron Kent said we'd have to vote on that, so the decision was made that only one of us would put our name on the letter. "I told Candice I'd love to have my name included, but I'm not going to take credit for it." Neth said he was surprised the Review-Journal was willing to print the piece at all. "I would have bet they wouldn't publish it," he said. "The article talks a lot about the amount of YMP money that goes to Clark County. Some people don't want that information disseminated there because Clark County is supposed to be adamantly opposed to Yucca Mountain. I'm thrilled it was written and published." But Neth said he wasn't particularly pleased with the implication that Nye County favored a waste transportation route that would go through Caliente in Lincoln County. Trummell said Neth's name was used because she felt it would have more impact coming from the leader of the commission. "I wanted to point out discrepancies and the illogical actions of Clark County, state, and our federal public officials," she said Tuesday. "I wanted Clark residents to understand our side." In the end it doesn't matter who wrote the piece. The benefit is that the letter, whether one agrees with its contents or not, puts an intelligent face on Nye County. And that's something that rarely happens when the sophisticates from the big city take time to give us rural folk any notice. And while we're on the subject of Neth, the chairman hasn't started to campaign for a second term on the commission, but earlier this week he informally announced his intention to run again. It's far too early to forecast an election that's still a year away, but Neth has compiled an enviable list of accomplishments over the past 34 months that should hold him in good standing with voters. Commissioner Joni Eastley is likewise up for reelection in 2004, but she hasn't made up her mind on whether to run for another term. "I don't want to make a decision right now," she said. "Six or seven months can be a long time and a lot can happen between now and then." Filing for public office occurs in May. Eastley said she didn't want any vote she makes between now and then to be predicated on getting reelected. Midge Carver is also on the bubble when it comes to another term. She was appointed by Gov. Kenny Guinn to finish her late husband Dick's fourth term. Dick Carver died Jan. 9 following a lengthy illness. The legendary rancher's widow has gained the respect of her peers on the commission, and just like her husband before her, Midge Carver has emerged as the board's strongest voice when it comes to public lands issues. Carver acknowledged there is too much contention in Nye, and there always has been. Mostly, she frets over the future of northern Nye County. "It's scary that five commissioners could be from Pahrump next year," she said. "Pahrump is growing, and nothing's going to stop it. The north needs economic development as well, but we have these geographic limitations. We need to quit pussy footing around." Carver said she would continue to weigh her options before making a decision to seek a full term. So there you have it readers. Neth is definitely in. Eastley and Carver will withhold any decision - or at least an announcement - until springtime. Both would be wise to remember that those who would run against them are already throwing themselves in front of the spotlight. Like moths to a flame, they simply can't help themselves. Here's hoping Pahrump voters continue to understand that being a resident of the valley does not, all by itself, qualify someone as the best candidate for public office. Write to Doug McMurdo at dmcmurdo@pvtimes.com. --------------------------- Pahrump Valley Times October 29, 2003 Who's minding the Nye County store? Accounting Errors Continue to Vex Officials; More Budget Cuts Projected By Mark Waite PVT Nye County found itself deeper in the hole financially after the Oct. 21 county commission meeting, as Budget Director Charlie Rodewald found another accounting error. First it was a $1.1 million shortfall in the general fund after revenue from a $12 per parcel increase in landfill fees were supposed to be deposited in a special account specific to the landfill. Now, Rodewald discovered $1.35 million in possessory use taxes that were supposed to be allocated by state law into either a capital projects fund or an economic stabilization fund for natural disasters. A previous Nye County Commission in December 1999 voted to allocate half of the possessory use tax money toward a community college campus. Commissioners last Tuesday decided to take $1.5 million out of a special projects fund the county established using Payment Equal to Taxes for Yucca Mountain. Two contractors on the Nevada Test Site paid Nye County possessory use tax, Bechtel's payment was $1.07 million, and Sandia paid $282,725. Rodewald said the requirement to set aside the funds under state law was totally missed by the county treasurer, assessor's office and the county auditor. "That was apportioned like we apportion most of our revenues. However that's not what we were supposed to do," Rodewald told commissioners. County Commission Chairman Henry Neth said in his three years on the board commissioners have had to patch up the budget a couple of times. But Commissioner Joni Eastley said it now might take a tourniquet. Neth said he'd favor taking $478,000 out of the general fund and putting it into an economic stabilization account, one of the two permitted uses. Asked how much money he'd need, Rodewald told commissioners $1.5 million, preferably $2 million. "At our last meeting the number was $1.1 million short as a result of solid waste alone. This new problem is about a half a million dollars, that's about $1.6 million (total deficit) the way I see it now, with no contingency, no fund balance," Rodewald said. Commissioner Eastley asked, "Why do we only take these kind of actions when we're in trouble? Why don't we practice these things on a normal basis when we're fat? Then we wouldn't find ourselves in situations like this." Rodewald outlined a list of suggestions to cut the budget. Commissioners will hold a workshop Nov. 13, the time hasn't yet been announced. The first step would be a hiring freeze for all county departments paid out of the general fund. Rodewald said the county could save $400,000 by not filling positions currently vacant, adding that would be the least palatable solution. Commissioner Patricia Cox said certain departments aren't going to be able to absorb any more cuts. Rodewald said elected officials should be encouraged to cut employees' overtime costs. In the fiscal year ending last June 30 he said the county had budgeted $33,000 for overtime but spent $624,000. County Treasurer Pat Foster defiantly told commissioners recently she'd have to pay out considerable overtime this year if she didn't get more help. Commissioners Tuesday adopted one of Rodewald's suggestions, buying out up to five years of retirement service credits for employees with over 25 years of service. The concept is to replace them with lower-paid employees. Among other suggestions, Rodewald made: • Purchase only essential supplies and services; • Divide the money-losing motor pool fund between the general fund and road department; • Auction surplus equipment; • Lease or auction parts of the Amargosa Valley Science and Technology Park; • Implement a centralized mailing system; • Charge back towns and organizations for insurance costs; • Develop a program to use as many volunteers as possible; • Delay the transfer of $616,000 to the solid waste fund over a four-year period; • Reduce photocopy costs. Neth repeated his call for privatizing more county services. "Government never has been able to do it as efficiently or as cost-effectively as the private sector," he said. County Manager Mike Maher again raised an issue regarding having to operate two county courthouses 40 hours per week. He hinted at trying to consolidate staff between Tonopah and Pahrump and closing one of the offices part of the time to save utility costs. --------------------------- State of Nevada Agency for Nuclear Projects www.state.nv.us/nucwaste/ nwpo@nuc.state.nv.us 775-687-3744 ---------------------------