U.S. Nuclear Regulatory Commission announces it will proceed with licensing of proposed high-level radioactive waste dump in New Mexico despite illegal license term

In violation of Nuclear Waste Policy Act, license applicant Holtec International contemplates federal ownership of 173,000 metric tons of highly radioactive spent reactor fuel to be stored at New Mexico site

Beyond Nuclear vows to challenge NRC and Holtec in federal court

WASHINGTON, D.C. and SOUTHEASTERN NM -- In an astounding ruling on April 23, 2020, the four-member U.S. Nuclear Regulatory Commission (NRC) acknowledged that an application by Holtec International/Eddy-Lea [Counties] Energy Alliance to store a massive quantity of highly radioactive irradiated nuclear fuel in southeastern New Mexico violates federal law – and yet ruled that the unlawful provisions of the license application could be ignored and would not bar approval.

Beyond Nuclear has challenged the NRC’s authority to approve Holtec's license application because it contemplates that the U.S. Department of Energy (DOE) may become the owner of the irradiated reactor fuel. The federal Nuclear Waste Policy Act (NWPA) prohibits federal ownership of spent fuel, however, unless and until a federal repository for permanent disposal is operating.

The NRC Commissioners acknowledged that Federal law prohibits federally-sponsored storage of irradiated reactor fuel unless and until a repository for permanent disposal is in operation. Nevertheless the NRC threw out Beyond Nuclear’s legal challenge to the project on the ground that Holtec could be depended on not to implement the unlawful provision if the license were granted. Read the full Beyond Nuclear press release, here.

A look inside Iitate post-Fukushima

"Everything is free" in the hopes of luring people back. But many just stop over, or leave again. There is nowhere to play, yet money is being spent on useless infrastructure. "Everyone thinks that Fukushima has recovered now. And people want to forget about it now. Because we are in the way of the Olympics."

The Hidden Nuclear Risk of the Pandemic

The coronavirus crisis highlights the resilience problem of civilian nuclear power plants.

An op-ed in The Bulwark by Victor Galinsky and Henry Sokolski of the Nonproliferation Policy Education Center (NPEC).

New York Begins to Move Beyond Indian Point

Read the blog by NRDC's Kit Kennedy, the Senior Director of its Climate and Clean Energy Program.

Letter from 86 Organizations to Vice President Pence: Urgent Actions Required to Mitigate COVID-19 Impacts in Nuclear Energy Industry

As posted on the NIRS website. This letter, sent by Beyond Nuclear and 85 allied groups, was submitted on Earth Day's 50th anniversary, April 22, 2020.

Update on April 27, 2020 by admin

E&E News has reported on this story: 

"Groups to White House: Halt nuclear refueling during pandemic"

Update on April 29, 2020 by admin

See the note and press release circulated by Dave Kraft, director, NEIS of Chicago:

Greetings All --NEIS along with 85 other organizations nationwide share with you this release along with a link to a letter sent to the U.S. Nuclear Regulatory Commission (NRC) expressing safety concerns about nuclear power plant operation under the COVID-19 pandemic conditions. As can be seen in the Release, operating nuclear plants during the pandemic puts society at risk in a number of ways.  Needed maintenance may either be deferred, with the attendant risk of nuclear incidents or accidents; or conducted, which runs the risk of spreading the pandemic as workers from all around the nation converge in large numbers in confined spaces to perform the maintenance or the reactor refuelling.Worse, the U.S. Nuclear Regulatory Commission has seen fit to deal with the pandemic by increasing worker stress by allowing shifts of up to 86 hours per week for sequestered plant workers.  This increases the probability of accidents occurring either from fatigue or increased stress.  Three national safety agencies have long maintained that missing significant hours of sleep, especially under already stressful circumstances, is the functional equivalent of performing work under the influence of three beers.  Do we really want nuclear plant operators operating under those kinds of conditions?  Will this become our energy future?Feel free to contact any of the organizations listed in the release for more information.Be well, stay well, --Dave Kraft, Director

PRESS RELEASE

NIRS + 85 Organizations Call for ImmediateAction on COVID-19 Nuclear Risks

FOR IMMEDIATE RELEASE 

April 23, 2020

CONTACTS:  Tim Judson, NIRS      301-270-6477 timj@nirs.org

Karen Orenstein, Friends of the Earth     korenstein@foe.org

Deb Katz, Citizens Awareness Network    413-339-4374     deb@nukebusters.org

Cynthia Papermaster, CodePINK   codepinkgg@gmail.com

Priscilla Star, Coalition Against Nukes     priscillaastar@hotmail.com

Mike Carberry, Green State Solutions     mike@greenstatesolutions.com

Dave Kraft, Nuclear Energy Information Service      neis@neis.org

Sheila Parks, On Behalf of Planet Earth     617-744-6020     sheilaruthparks@comcast.net

Bart Ziegler, Samuel Lawrence Foundation     bart@samuellawrencefoundation.org

WHITE HOUSE ACTION NEEDED TO STEM COVID-19 IMPACTS IN NUCLEAR ENERGY INDUSTRY 

LAX REGULATION CAUSING INCREASED RISK OF INFECTION AMONG WORKERS AND RURAL AMERICA, AND ELEVATED NUCLEAR SAFETY RISKS 

WASHINGTON, DC – Nuclear energy workers are being exposed to unacceptable risk of coronavirus infections. A letter from 86 organizations to Vice President Michael Pence, chair of the Coronavirus Task Force, and six federal agencies points to the failure of industry regulators to act in response to the pandemic. The groups call for an immediate, multi-agency, industry-wide response to protect nuclear workers and the rural and suburban communities where facilities are located, and to ensure nuclear safety is not compromised (actions listed below).

To date, the Nuclear Regulatory Commission (NRC) has not required the companies that operate nuclear power plants and other radiological facilities to implement COVID-19 plans in accordance with federal guidelines for essential workers, nor to report infections among the workforce. Some local media reports have indicated significant rates of infection at reactor sites, including 109 workers at the Vogtle Nuclear Power Plant in Georgia as of Monday (April 20).

“The Nuclear Regulatory Commission (NRC) has abdicated its legal responsibility to protect nuclear workers and the public during the COVID-19 pandemic. The federal government must step up to rein this situation and protect nuclear workers and rural communities, who are paying the cost of NRC’s inaction,” said Tim Judson, Executive Director of the Nuclear Information and Resource Service, a non-profit environmental organization. 

Since March, NRC has granted exemptions to increase limits on the number of hours employees can be required to work, and to postpone scheduled safety inspections and maintenance for up to two years. Nuclear power plants typically employ a staff of 600-1,000 full-time employees. Workers have complained of a lack of social distancing, sanitation, PPE, and testing. Conditions make social distancing difficult, with large work crews, confined spaces, heavy equipment, contact with radiation detectors, and physical security screenings.

“NRC’s absurd decision to radically increase worker overtime is strongly argued against by findings from the National Safety Council, the CDC and OSHA, all of whom conclude that the effects of excessive overtime on already stressed workers can be the functional equivalent of drinking three beers on the job – something even Homer Simpson is not permitted,” notes Dave Kraft, Director of the Chicago-based Nuclear Energy Information Service. 

At the same time, NRC has permitted the industry to proceed with refueling operations at 30 reactor sites, introducing 1,000-2,000 temporary workers and contractors to each site. Most refueling workers work a series of jobs, traveling from reactor site to reactor site for a few days or weeks at a time. Because people can transmit the coronavirus without exhibiting symptoms, infection can spread quickly, unknown to public health officials. While NRC requires workers to pass background checks and drug tests, NRC is not requiring coronavirus screening or quarantining of workers prior to beginning work.

“Proceeding with refueling outages at this time is creating a vector for transmission of coronavirus to dozens of rural and suburban communities, placing public health at risk,” the letter states. “The federal government must act to ensure that nuclear operations do not result in transporting the virus from community to community.” 

The industry has also deluged NRC with potentially hundreds of requests to postpone or cancel safety inspections and maintenance projects for up to two years, until the next refueling outage. NRC is expediting approval of the requests to meet industry’s refueling schedules. By not evaluating the cumulative safety risk of multiple exemptions for each reactor, NRC is permitting them to operate with otherwise impermissible levels of risk. Safety incidents and actual accidents with releases of radiation have resulted in cases when the NRC has permitted inspections to be postponed for only a few weeks or months.

“This current pandemic situation puts Illinois – the most nuclear-reliant state in the nation – on the horns of a safety dilemma: decreased reactor safety through skipped maintenance vs. spreading the pandemic,” Kraft points out.  “Neither is acceptable.” 

“What NRC is doing is grossly negligent,” said Judson. “The White House must not permit increased risk of a radiological disaster during and beyond the duration of the COVID-19 pandemic. The health and safety of workers, first responders, and the public have to come first.” 

LIST OF RECOMMENDED IMMEDIATE ACTIONS 

• An Interagency COVID-19 Nuclear Task Force to develop plans and protective measures for nuclear workers and reactor operations. The task force should include, at a minimum, NRC, CDC, NIAIA, OSHA, FEMA, and FERC.
• Immediate halt to additional refueling and decommissioning operations at nuclear power stations until the Task Force has developed, and licensees have implemented, site-specific plans to protect workers and prevent the spread of the disease in the host regions, while also ensuring radiological health and safety.
• Reconsider increased overtime limits for nuclear workers from 72 to 86 hours per week. Increased fatigue affects workers’ vulnerability to COVID-19 and nuclear safety.
• Prepare required Disaster Initiated Reviews of the impact of the pandemic on emergency response plans at all reactor sites and fuel cycle facilities.
• All requests to postpone and exempt maintenance and inspections subject to (a) a cumulative risk analysis and (b) an integrated review by the COVID-19 Task Force.
• Ensure reactors do not operate with increased safety risks, even when their operation is determined necessary to operate to maintain the electricity supply.

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