McIntyre said the NRC is "always looking at security for these facilities." Whenever it finds a possibly vulnerable aspect, he said, it takes action "to shore that up."

In February, the NRC's Atomic Safety and Licensing Board issued a finding in favor of PFS, ruling against concerns raised by the state of Utah. The board's finding included the statement that "long-standing commission precedent circumscribes board hearings by explaining they are not the place to consider deliberate terrorist-type attacks. That precedent was followed here."

A footnote added that the agency refusal to consider deliberate attacks was a "long-term practice, dating from the days of the Atomic Agency Commission." Instead, protecting nuclear facilities against terrorism has been undertaken by the commission itself, working with other federal agencies. That takes place "outside the hearing process," says the report.

Sen. Orrin Hatch R-Utah, commenting on the issuance of the license before the Homeland Security review was completed, called this a fairly good example of the apparent bias within the NRC. He termed the project a reckless proposal.

"The fact that they would make this premature decision without the Homeland Security report is outrageous," Hatch said in a statement sent by e-mail.

"But it's no secret that the NRC had its own motivations for granting this license, and we have already set our sights on other ways to make sure this waste never makes a home in Utah."

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Contributing: Jerry Spangler

E-mail: bau@desnews.com