NRC Commissioners to reveal votes on Nuke Waste Con Game Thursday, Feb. 25

Portrait of the current NRC Commission. Pictured from left to right: Commissioner Jeff Baran, Commissioner Kristine L. Svinicki, Chairman Stephan (sic) Burns and Commissioner William C. Ostendorff. (Please note, Chairman Burns' first named is correctly spelled Stephen. His first name is misspelled in the text, below this portrait, posted on NRC's homepage.)The U.S. Nuclear Regulatory Commission's (NRC) Electronic Information Exchange (EIE) Hearing Docket this morning served to following notice to intervening parties against old reactor license extensions, as well as proposed new reactor combined construction and operating license applications:

"NOTICE TO THE PARTIES IN:

Bellefonte Nuclear Power Plant, Units 3 and 4, Docket Nos. 52-014-COL & 52-015-COL
Callaway Plant, Unit 1, Docket No. 50-483-LR
Comanche Peak Nuclear Power Plant, Units 3 and 4, Docket Nos. 52-034-COL & 52-035-COL
Davis-Besse Nuclear Power Station, Unit 1, Docket No. 50-346-LR
Diablo Canyon Power Plant, Units 1 and 2, Docket Nos. 50-275-LR & 50-323-LR
Fermi Nuclear Power Plant, Unit 3, Docket No. 52-033-COL
Fermi Nuclear Power Plant, Unit 2, Docket No. 50-341-LR
Indian Point Nuclear Generating Units 2 and 3, Docket Nos. 50-247-LR & 50-286-LR
Levy County Nuclear Power Plant, Units 1 and 2, Docket Nos. 52-029-COL & 52-030-COL
North Anna Power Station, Unit 3, Docket No. 52-017-COL
Seabrook Station, Unit 1, Docket No. 50-443-LR
Sequoyah Nuclear Plant, Units 1 and 2, Docket Nos. 50-327-LR & 50-328-LR
South Texas Project, Units 3 and 4, Docket Nos. 52-012-COL & 52-013-COL
South Texas Project, Units 1 and 2, Docket Nos. 50-498-LR & 50-499-LR
Turkey Point, Units 6 and 7, Docket Nos. 52-040-COL & 52-041-COL
Watts Bar Nuclear Plant, Unit 2, Docket No. 50-391-OL
William States Lee III Nuclear Station, Units 1 and 2, Docket Nos. 52-018-COL & 52-019-COL

The Commission has scheduled a tentative Affirmation Session for Thursday, February 26, 2015, 12:55 p.m. EST, that addresses the Petitions to Suspend Reactor Licensing Decisions and Reactor License Renewal Decisions Pending Issuance of "Waste Confidence" Safety Findings, filed on Multiple Dockets.

Note: This session will be publicly webcast.  Please use the link below to view the session.

http://www.nrc.gov/public-involve/public-meetings/webcast-live.html ".

The NRC Commissioners' votes are relevant to repositories. NRC's "nuke waste con game" had assumed (from 1984 to 2012, when it was declared bankrupt by the DC Circuit Court of Appeals in New York v. NRC) that a repository was a sure thing. For almost that entire length of time, Yucca Mountain, Nevada was the targeted repository (it was singled out, beginning in 1987, under the "Screw Nevada bill.")

At first, the NRC assumed a repository would open between 2007 to 2010. It later changed its prediction to 2025. Finally, by 2010, it had decided against a date certain for the opening of the Yucca dump (perhaps because the Obama administration had defunded it completely, and even moved to withdraw the construction and operating license application in 2009), although it still expressed vague confidence that a repository would be available "when needed."

The June 2012 New York v. NRC court ruling pulled the rug out from under NRC's very optimistic assumptions on the availability of a repository "when needed." The court ordered NRC to rewrite the Nuclear Waste Confidence rule, and to carry out an Environmental Impact Statement, and address the environmental and other impacts in the event that a repository never becomes available. Although NRC went through the motions of obeying the court order, from 2012 to 2014, it did a very shallow job -- a legally insufficient one, actually. NRC's flagrant flouting of the Atomic Energy Act (AEA), National Environmental Policy Act (NEPA), Administrative Procedures Act (APA), and the 2012 court order in New York v. NRC means this issue will very likely go back to federal court, if and when NRC moves to grant old reactor license extensions, or proposed new reactor construction and operating license, which it appears poised to do, by scheduling Thursday's Affirmation Session.

As indicated by the bolded text above, Beyond Nuclear is directly, officially intervening against the 20-year license extensions proposed at Davis-Besse, OH (a Three Mile Island twin design), Fermi 2, MI (a Fukushima Daiichi twin design), and Seabrook, NH. In addition, Beyond Nuclear is an official intervenor against the proposed new reactor at Fermi 3, MI.

Thus, the NRC Commissioners will rule, on Feb. 26th, on a coalition of environmental intervenors' Petition to Suspend Licensing and Re-licensing of Reactors. That Petition was filed on Sept. 29, 2014, by some three dozen organizations, engaged in the 27 pending, individual reactor NRC licensing proceedings listed above.

As explained by Diane Curran and Mindy Goldstein, the attorneys representing the environmental coalition, "the Petition accompanied [the groups'] contentions challenging the NRC's failure to make Atomic Energy Act-required Waste Confidence safety findings in those cases." (Attorney Terry Lodge of Toledo serves as the environmental coalition legal counsel in the Davis-Besse and Fermi 2 & 3 proceedings listed above.)

The Petition, as well as the contentions in the individual proceedings, would form the basis for an appeal to the federal courts regarding NRC's 2014 Continued Storage of Spent Nuclear Fuel rule and environmental impact statement.

Although NRC Commissioners Kristine L. Svinicki and William C. Ostendorff voted in favor of the finalization of the Continued Storage of Spent Nuclear Fuel rule and environmental impact statement last year, the other two NRC Commissioners -- Chairman Stephen G. Burns, and Commissioner Jeff Baran -- were not yet serving in 2014. (The fifth seat on the NRC Commission currently remains unfilled.) See the photo, above left.