Today, the United States Department of Energy filed with the NRC's Atomic Safety and Licensing Board a reply brief making clear that its motion to withdraw the pending application to license the Yucca Mountain geologic repository is authorized by the Atomic Energy Act (AEA) and consistent with the Nuclear Waste Policy Act (NWPA). As today's filing details, the AEA vests the Department with broad authority over the disposal of spent nuclear fuel and high-level radioactive waste. The NWPA does not strip the Department of that authority or otherwise compel the Department to go forward with the construction of the Yucca Mountain repository. Rather, the NWPA expressly provides that DOE's application for the repository is subject to the NRC rules, including the rule permitting applicants to withdraw. The full brief is available HERE.