Letter criticizing lawmakers cost lawyer Yucca job

An angry Sen. Bill Raggio threatened Wednesday to block funds for the Yucca Mountain battle because a lawyer who would be paid by the funding wrote a letter criticizing Raggio and other legislators.

The item before the Interim Finance Committee sought $106,000 from reserve funds to develop the state's arguments that the danger of "hydro-thermal upwelling" makes Yucca Mountain an unsuitable location for a nuclear waste dump.

Of that, $16,000 was to go to former Deputy Attorney General Harry Swainston, who was described as the expert lawyer able to translate technical study data into solid legal arguments.

The committee approved a $90,000 budget for the project, effectively firing Swainston as consultant to the project.

Raggio, R-Reno, objected to paying Swainston because of "a letter he wrote castigating me" after the last Legislature. Raggio, who is Senate majority leader, said Swainston sharply criticized Raggio and other lawmakers for not funding a project favored by Swainston.

Swainston said he was "very upset." He was concerned that the matter wasn't brought to a vote and wrote the letter more to the public than the legislators.

But Raggio said the Attorney General's Office was seeking money for an important project and that he was concerned the people handling the state's case on that issue be responsible.

"I just don't think he's the one that ought to be handling this issue," he said of Swainston.

Assistant Attorney General Tom Patton said the money is needed to finish the hydro-thermal upwelling study and prepare the state's presentation on the subject as the Department of Energy gets ready to decide whether Yucca Mountain is an acceptable site for the dump.

Hydro-thermal upwelling is a theory that superheated geothermal water priodically wells up from beneath Yucca Mountain and floods the area where the waste dump would be located. If that's true, it could cause nuclear waste to contaminate groundwater.

Patton said the theory was originally dismissed by federal supporters of the Yucca Mountain project but is now "going to become unassailable scientific theory."

He said the study is key to stopping Yucca Mountain on grounds the site is unsafe and that Swainston's unique training in both the technical and legal aspects of the Yucca Mountain issue makes him invaluable.

But Raggio said with money in the measure to pay Swainston, he would move to block the funds.

That, however, drew concerns from several other members of the committee, including Assemblywoman Sheila Leslie, D-Reno, and Sen. Bob Coffin, D-Las Vegas, who said the vital study work must be completed.

Raggio was adamant, saying, "This man has not demonstrated to me that responsibility," but he agreed the study was important.

He moved to approve $90,000 - which would complete the study, develop a scientific paper proving the state's case and publish it in time for the DOE hearings but would not include any money for Swainston.

"Then if he wants to donate his time because he believes in the project, he can," he said.