In " Decision on Yucca Mountain Overdue" [NLJ July 8], U.S. representatives Fred Upton and John Dingell, respectively the chairman and chairman emeritus of the House Energy and Commerce Committee, argue that the Nuclear Regulatory Commission owes Congress an answer whether the proposed high-level radioactive waste disposal facility in Yucca Mountain is safe, and that by refusing to answer this question the commission has upended the rule of law. The facts suggest otherwise.

On May 20, 2011, a panel of three independent administrative law judges effectively suspended the Yucca Mountain licensing proceeding and, on November 29, 2011, a unanimous Nuclear Regulatory Commission (with one member recused) agreed a suspension was appropriate.

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