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Centralized Storage

With the scientifically unsound proposed Yucca Mountain radioactive waste dump now canceled, the danger of "interim" storage threatens. This means that radioactive waste could be "temporarily" parked in open air lots, vulnerable to accident and attack, while a new repository site is sought.

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Entries by admin (702)

Monday
Mar152021

Haaland confirmed by Senate as first Native American to lead Interior

As reported by the Washington Post.

Deb Haaland, who has served as a Democratic U.S. Rep. from northern New Mexico since Jan., 2019 (one of two Native American women elected that congressional cycle, the first in U.S. history), has been outspoken against the Holtec International high-level radioactive waste consolidated interim storage facility targeted at southeastern New Mexico. She is from Laguna Pueblo, in northwest New Mexico, site of the world's largest open pit uranium mine (till recently surpassed in size by Olympic Dam, Australia, located on Aboriginal land), with significant health impacts on her community for the past many decades.

The New York Times has also reported on this story.

Thursday
Feb112021

BEYOND NUCLEAR V. NRC -- 'We'll See You in Court" on TX CISF!

Public commenters just say "NO!" at NRC environmental scoping meeting on the ISP CISF in Andrews, TX, Feb. 2017We've filed a federal court appeal against the Nuclear Regulatory Commission, regarding its rubber stamps of Interim Storage Partners' highly radioactive waste consolidated interim storage facility (CISF), targeted at the Waste Control Specialists national "low" level rad. waste dump in Andrews County, West Texas. See our press release here, with links to relevant documents. NRC is violating multiple federal laws, which we intend to prove at the U.S. Court of Appeals for the District of Columbia Circuit, the second highest court in the land, just under the U.S. Supreme Court. Last June, we also appealed against NRC's rubber stamps in Holtec's CISF case, targeting majority minority New Mexico. Both CISFs, just 40 miles apart, represent radioactive racism and environmental injustice.

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Thursday
Feb112021

"THEY'RE BAAAAACK!" -- Mobile Chernobyl bill on Capitol Hill

Image compliments of NIRSThe anti-nuke movement has, by blocking proposed bad dumps, fended off Mobile Chernobyl legislation, session after session, for a quarter-century -- although sometimes by the narrowest of margins! Now, the Democratic U.S. House Environment Subcommittee is reportedly poised to push CISF-authorizing legislation (see related entry), which will likely also be pro-Yucca dump. What can you do? Please contact and urge your U.S. Representative, and both your U.S. Senators, to strongly oppose any bills -- whether authorizing or appropriations -- promoting environmentally unjust, and non-consent based siting, high-level radioactive waste dumps! You can also be patched through to your Members of Congress via the U.S. Capitol Switchboard at (202) 224-3121. If any one of these Southwest dumps opens, in NM, NV, and/or TX, high-risk Mobile Chernobyls would be launched through most states!

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Wednesday
Feb102021

Beyond Nuclear Files Federal Lawsuit Challenging High-Level Radioactive Waste Dump Targeted at Texas/New Mexico Border

 

Source:  Beyond Nuclear http://www.beyondnuclear.org/

NEWS FROM BEYOND NUCLEAR

For immediate release

Contact:

Diane Curran, Harmon, Curran, Spielberg + Eisenberg, LLP, (240) 393-9285, dcurran@harmoncurran.com

Mindy Goldstein, Director, Turner Environmental Law Clinic, Emory University School of Law, (404) 727-3432, mindy.goldstein@emory.edu

Kevin Kamps, Radioactive Waste Specialist, Beyond Nuclear, (240) 462-3216, kevin@beyondnuclear.org

Rose Gardner, Alliance for Environmental Strategies (and Beyond Nuclear member), (575) 390-9634, nmlady2000@icloud.com

Stephen Kent, KentCom LLC, (914) 589-5988, skent@kentcom.com

Beyond Nuclear Files Federal Lawsuit Challenging High-Level Radioactive Waste Dump Targeted at Texas/New Mexico Border

Petition charges the Nuclear Regulatory Commission knowingly violated the U.S. Nuclear Waste Policy Act and up-ended settled law which prohibits transfer of ownership of commercial irradiated fuel to the federal government unless and until a permanent geologic repository is ready to receive it


[WASHINGTON, DC – February 10, 2021] -- The non-profit organization Beyond Nuclear filed suit in federal court today to prevent the U.S. Nuclear Regulatory Commission (NRC) from licensing a massive "consolidated interim storage facility" (CISF) for highly radioactive waste in Andrews County, west Texas.

In its Petition for Review filed in the U.S. Court of Appeals for the District of Columbia Circuit, Beyond Nuclear asked the Court to dismiss the NRC licensing proceeding for a permit to build and operate a CISF proposed by Interim Storage Partners (ISP), a business consortium. It plans to use the facility to store 40,000 metric tons of highly radioactive irradiated fuel generated by nuclear reactors across the U.S. (also euphemistically known as “used” or “spent” fuel), amounting to nearly half of the nation’s current inventory.

The irradiated fuel would be housed on the surface of the land, on the site of an existing facility for storage and disposal of so-called “low-level radioactive waste” (LLRW). The LLRW facility is owned and operated by Waste Control Specialists (WCS). WCS and Orano (formerly Areva) comprise ISP. ISP's CISF is located about 0.37 miles from the New Mexico border, and very near the Ogallala Aquifer, an essential source of irrigation and drinking water across eight High Plains states. 

The Beyond Nuclear petition charges that orders issued by the NRC in 2018 and 2020 violate federal law by contemplating that the U.S. government will become the owner of the irradiated fuel during transportation to and storage at the ISP facility. Under the Nuclear Waste Policy Act, the government is precluded from taking title to irradiated fuel unless and until a repository is licensed and operating. No such repository has been licensed in the U.S. The U.S. Department of Energy’s (DOE) most recent estimate for the opening of a geologic repository is the year 2048 at the earliest.

In its 2020 decision, in which the NRC rejected challenges to the license application, the NRC Commissioners admitted that the Nuclear Waste Policy Act would indeed be violated if title to irradiated fuel were transferred to the federal government so it could be stored at the ISP facility.  But they refused to remove the proposed license provision which contemplates federal ownership of the irradiated fuel. Instead, they ruled that approving ISP’s application would not directly involve NRC in a violation of federal law – according to the NRC, that violation would occur only if DOE acted on the approved license – and therefore they could approve it, despite the fact the  provision is illegal. The NRC Commissioners also noted with approval that "ISP acknowledges that it hopes Congress will change the law to allow DOE to enter storage contracts prior to the availability of a repository" (December 17, 2020 order, page 5).

But the petition contends that the NRC may not approve license provisions that violate federal law in the hope the law will change. “This NRC decision flagrantly violates the federal Administrative Procedure Act (APA), which prohibits an agency from acting contrary to the law as issued by Congress and signed by the President,” said Mindy Goldstein, an attorney for Beyond Nuclear. “The Commission lacks a legal or logical basis for its rationale that it may issue a license with an illegal provision, in the hopes that ISP or the Department of Energy won’t complete the illegal activity it authorized. The buck must stop with the NRC.”  Co-counsel Diane Curran stated, “Our claim is simple. The NRC is not above the law, nor does it stand apart from it.”

In a separate case, filed in June 2020, Beyond Nuclear challenged a similar application, by Holtec International, to store up to 173,600 metric tons of irradiated fuel on another CISF site in southeastern New Mexico. The Holtec site lies just over 40 miles west from the ISP facility in Texas. Like ISP’s license application, Holtec’s application illegally assumes that the federal government will take title to the irradiated fuel during transportation and storage.

Background on the Nuclear Waste Policy Act. According to a 1996 D.C. Circuit Court ruling, the NWPA is Congress’ “comprehensive scheme for the interim storage and permanent disposal of high-level radioactive waste generated by civilian nuclear power plants” [Ind. Mich. Power Co. v. DOE, 88 F.3d 1272, 1273 (D.C. Cir. 1996)]. The law establishes distinct roles for the federal government, versus the owners of facilities that generate irradiated fuel, with respect to storage and disposal of the highly radioactive wastes. The “Federal Government has the responsibility to provide for the permanent disposal of…spent nuclear fuel” but “the generators and owners of…spent nuclear fuel have the primary responsibility to provide for, and the responsibility to pay the costs of, the interim storage of…spent fuel until such…spent fuel is accepted by the Secretary of Energy” [42 U.S.C. § 10131]. Section 111 of the NWPA specifically provides that the federal government will not take title to spent fuel until it has opened a permanent geologic repository [42 U.S.C. § 10131(a)(5)].

“Congress acted wisely when it passed the Nuclear Waste Policy Act and refused to allow nuclear reactor licensees to transfer ownership of their irradiated reactor fuel to the DOE until a permanent repository was up and running,” said Kevin Kamps, radioactive waste specialist for Beyond Nuclear. “It understood that irradiated fuel remains hazardous forevermore, and that the only safe long-term strategy for safeguarding irradiated reactor fuel is to place it in a permanent repository for deep geologic isolation from the living environment.” Certain radioactive isotopes in irradiated fuel remain dangerous for more than a million years, Kamps pointed out.

“Today, the NWPA remains the public’s best protection against a so-called consolidated ‘interim’ storage facility becoming a de facto permanent, national, surface 'parking lot dump' for radioactive waste,” Kamps said.  “But if we ignore it or jettison the law, communities like west Texas and southeastern New Mexico can be railroaded by the nuclear industry and its friends in government, and forced to accept mountains of forever deadly high-level radioactive waste other states are eager to offload.”

In addition to impacting Texas and New Mexico, shipping the waste to the ISP facility would also endanger 43 other states plus the District of Columbia, because it would entail hauling several thousands of high-risk, high-level radioactive waste shipments on their roads, rails, and/or waterways, posing risks of release of hazardous radioactivity all along the way.

"The communities near the nuclear plants that generated this dangerous high-level radioactive waste do not want it, and neither do we," said Rose Gardner of Eunice, New Mexico, whose home and business are just several miles from the ISP CISF site. She is a co-founder of the grassroots environmental justice organization Alliance for Environmental Strategies, and a member of Beyond Nuclear. "Every single one of the thousands of high-risk shipments of irradiated nuclear fuel would pass through my community, which is unacceptable," Gardner said.

Besides threatening public health, safety, and the environment, evading federal law to license the ISP facility would also impact the public financially. Transferring title and liability for irradiated fuel from the nuclear utilities that generated it to DOE would mean that federal taxpayers would have to pay many billions of dollars for so-called "interim" storage of the waste. That’s on top of the many tens of billions of dollars that ratepayers and taxpayers have already paid to fund a permanent geologic repository that hasn’t yet materialized.

While emphasizing the essential role of a repository to isolate irradiated fuel from the environment over the long term, Kamps said that the government should cancel the Yucca Mountain Project once and for all.  “A deep geologic repository for permanent disposal should meet a long list of stringent criteria: scientific suitability, legality, environmental justice, consent-based siting, mitigation of transport risks, regional equity, intergenerational equity, and safeguards against nuclear weapons proliferation, including a ban on irradiated fuel reprocessing,” Kamps said. “But the proposed Yucca Mountain dump, sited on land owned by the Western Shoshone in Nevada without their consent, fails to meet any of those standards.  That’s why a coalition of more than a thousand environmental, environmental justice, and public interest organizations, representing all 50 states, has opposed it for 34 years."

NOTE TO EDITORS AND PRODUCERS:  Sources quoted in this release are available for comment.  For a copy of the petition filed today, to arrange interviews or for other information, please contact Stephen Kent, skent@kentcom.com, 914-589-5988.

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Beyond Nuclear is a 501(c)(3) nonprofit membership organization. Beyond Nuclear aims to educate and activate the public about the connections between nuclear power and nuclear weapons and the need to abolish both to safeguard our future. Beyond Nuclear advocates for an energy future that is sustainable, benign and democratic. The Beyond Nuclear team works with diverse partners and allies to provide the public, government officials, and the media with the critical information necessary to move humanity toward a world beyond nuclear. Beyond Nuclear: 7304 Carroll Avenue, #182, Takoma Park, MD 20912. Info@beyondnuclear.org. www.beyondnuclear.org.
Wednesday
Feb102021

ExchangeMonitor: "Interim Storage Not Off the Table for House Environment Subcommittee, Rep. Tonko (Democrat-New York) Says"

Here is the link to the article:
But, only the first few sentences of this trade press publication article are readable before you hit the pay wall. (Sometimes, temporary free subscriptions are available, which can provide access to such articles.)
But what the headline and first few sentences make clear enough, though, is "fasten your seat belts." Yet again, a Democrat majority House Environment Subcommittee, and then Dem majority full U.S. House Energy & Commerce Committee, stand poised to re-introduce, hold hearings on, and vote to advance to the U.S. House floor, the Nuclear Waste Policy Amendments Act (now of 2021) -- the previous H.R. 3053, and H.R. 2699, of the past couple-three congressional sessions -- which would authorize consolidated interim storage facilities (CISFs). So, no rest for the weary!
Our side got blown out of the water on the House floor vote on H.R. 3053, on May 10, 2018, by a vote of 340 to 72! --
[This was significantly worse than our side did on May 8, 2002, when the U.S. House voted to override Nevada's veto of the Yucca Mountain dump by a vote of 306 to 117:
We did better on the U.S. Senate side on July 9, 2002 -- we "only" lost by a vote of 60 to 39, the best we've done on such votes in decades!]
Thank goodness, the U.S. Senate did not take up the bill, H.R. 3053, that session in 2018. We narrowly dodged a radioactive waste bullet that year.
But the very next session, the U.S. Senate did take up H.R. 2699, in the form of the identically worded S. 2917. AND a Dem majority Environment Subcommittee under Tonko, and a full U.S. House Energy and Commerce Committee under Pallone (D-NJ), passed H.R. 2699 by voice vote -- no recorded vote, a procedure normally reserved for "non-controversial" matters, like naming a post office! Luckily for us, the bill never made it to the full House floor, because the Nevada House delegation persuaded House Speaker Nancy Pelosi (D-CA) to stand with them in opposition to the Yucca dump (and H.R. 2699 was very pro-Yucca dump!).
Even with Pelosi's support in spring 2019, pro-Yucca forces nearly restored funding for the Yucca dump in the House Appropriations Committee process for the first time in a decade, due to four House Democratic committee members defecting. Our side only staved it off by a vote or two, thanks to a NV Republican, and another Republican who failed to show up for the committee vote! In short, our anti-Yucca congressional margin in the U.S. House, even with Pelosi's support, can be razor-thin!
So we can expect even a Democratic majority U.S. Senate to take up the Nuclear Waste Policy Amendments Act of 2021, if taken up in the U.S. House -- which Tonko says will likely happen in the near future!
CISFs are currently illegal under the Nuclear Waste Policy Act of 1982, as Amended, at least in conjunction with the U.S. Department of Energy taking title (ownership) and liability for the commercial irradiated nuclear fuel during transport to, and storage at, the CISFs, in the absence of an operating geologic repository. This is the heart of Beyond Nuclear's lawsuit against the Holtec NM and Interim Storage Partners TX CISFs. Don't Waste MI et al., Sierra Club, and Fasken Oil and Ranch, have also raised this illegality objection to the dumps, plus many other legal, environmental and safety contentions.
Here is the announcement of Beyond Nuclear's federal court appeal re: the violation of NWPA, filed on 2/10/21:
If not the Nuclear Waste Policy Amendments Act (which is more pro-Yucca dump than it is pro-CISF, but it is pro-CISF), then other CISF-authorizing legislation could come under active consideration this congressional session, as Subcommittee Chairman Tonko has indicated. Here is a chart of congressional legislation that likely will be re-introduced this session, including a number of pro-CISF bills:
[This chart needs updating -- there are additional pro-CISF bills that have been introduced since this chart's posting in Jan. 2020, including legislation introduced by U.S. Rep. Levin (Democrat-Southern CA).]
U.S. House Environment Subcommittee Chairman Tonko should know better. As Ranking Democrat at the time, he invited Beyond Nuclear to testify before the Environment Subcommittee on Oct. 1, 2015, re: the risks of high-level radioactive waste transportation, whether bound for a Yucca Mountain, NV dump-site, or CISF dump-sites:
Apparently, Tonko was NOT listening very carefully that day, nor did he very carefully read any of the written materials we provided him and the Subcommittee. Which is ironic, because his own congressional district would be hard hit by Mobile Chernobyls, if any of these Southwestern dumps (Yucca Mt., NV; Holtec, NM; ISP, TX) were to open.
While Biden Energy Secretary nominee Granholm has expressed opposition, on behalf of the administration, to the Yucca Mountain dump scheme, targeted at Western Shoshone land in Nevada, there has been no such explicit Biden administration opposition to the NM and TX CISFs expressed, as of yet. However, Biden Transportation Secretary Pete Buttigieg has expressed significant concern about the risks of high-level radioactive waste transportation bound for Yucca Mountain. But shipments bound for the CISFs in NM and/or TX will carry the same level of risks, as we testified to Tonko's subcommittee in 2015. More so actually, because CISFs multiply transport risks, unnecessarily and foolishly: the. first leg, from nuclear power plants, to the CISF(s); the second -- and unnecessary -- leg, from CISF(s), to permanent repository or repositories.

Time to get busy pushing back, people!