A US Nuclear Regulatory Commission (NRC) administrative judge has ruled that the Department of Energy (DoE) insistence that the state of Nevada should not have access to its draft repository licence application for Yucca Mountain is without merit.

Judge Alan Rosenthal told the DoE that he didn’t understand what the department could gain by withholding the document and that refusal to release it would be likely to delay licensing.

Nevada opposes the planned repository and wants the draft application in order to begin work on objections it will file during the licensing.

The three-judge NRC panel gave no indication on when it might rule on the Nevada motion.

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