Beyond Nuclear vows to fight on against illegal high-level radioactive waste dump targeted at New Mexico: Atomic Safety and Licensing Board winks at acknowledged violations of federal law

NEWS FROM BEYOND NUCLEAR

For immediate release: May 7, 2019

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.

Beyond Nuclear vows to fight on against illegal high-level radioactive waste dump targeted at New Mexico

Atomic Safety and Licensing Board winks at acknowledged violations of federal law

TAKOMA PARK, MD and Southeastern NM -- 

In an astounding ruling today, the U.S. Nuclear Regulatory Commission (NRC) Atomic Safety and Licensing Board (ASLB) acknowledged that an application by Holtec International/Eddy-Lea [Counties] Energy Alliance to store 173,600 metric tons of highly radioactive irradiated nuclear fuel in southeastern New Mexico violates federal law, but nevertheless dismissed Beyond Nuclear’s legal challenge on the ground that Holtec could be depended on not to implement the unlawful provision if the license were granted.

At page 32-33 of its ruling, the ASLB stated:

“…the Board assumes Holtec will honor its commitment not to contract unlawfully with DOE to store any other spent nuclear fuel (that is, the vast majority of spent fuel from commercial reactors, which is currently owned by the nuclear power companies). Likewise, we assume DOE would not be complicit in any such unlawful contracts.”

Mindy Goldstein, a lawyer for Beyond Nuclear stated, “Holtec, Beyond Nuclear, and the NRC all agree that a fundamental provision in the Holtec application violates the Nuclear Waste Policy Act. Today, the Licensing Board decided that the violation did not matter. But, the Board cannot ignore the mandates of federal law.” Indeed, the Administrative Procedure Act prohibits an agency from acting contrary to the law as issued by Congress and signed by the President. “NRC may be an independent agency, but it is not above the law.” Goldstein said.

Goldstein said this is the second time the NRC has issued a decision overruling Beyond Nuclear’s objection to NRC consideration of the unlawful application, and that the group will continue to pursue a federal court appeal it filed on December 27, 2018.

Kevin Kamps, radioactive waste specialist for Beyond Nuclear, called the federal Nuclear Waste Policy Act “the public’s best protection against an interim storage facility becoming a de facto permanent, national radioactive waste dump at the surface of the Earth.” Under the Act, the federal government may not take title to spent (i.e., used) reactor fuel unless and until a permanent repository has opened. In violation of the Act, Holtec’s application assumes that the U.S. Department of Energy may take title to the spent fuel to be stored at the interim facility, which lies halfway between Carlsbad and Hobbs. (Spent nuclear fuel is irradiated and highly radioactive.)

“As former New Mexico U.S. Senator Jeff Bingaman has put it so well, opening a consolidated interim storage facility without an operating permanent repository risks so-called 'temporary' becoming de facto permanent. That is the carefully crafted wisdom of the Nuclear Waste Policy Act, to protect a state like New Mexico from being screwed by the powerful nuclear industry, its friends in the federal government, and other states looking to off-load their mountain of forever deadly high-level radioactive waste,” said Kamps, radioactive waste specialist at Beyond Nuclear.

 “On behalf of our members and supporters in New Mexico, and across the country along the road, rail, and waterway routes in most states, that would be used to haul the high risk, high-level radioactive waste out West, we will appeal today’s bad ruling,” Kamps added.

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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.

Don't Waste MI, et al., press release: Public Interest Groups Denied Hearing on Holtec International’s Nuclear Waste Dump in New Mexico

For Immediate Release:  Tuesday, May 7, 2019  

Contact:  Michael J. Keegan, Don't Waste Michigan (734) 770-1441, email  mkeeganj@comcast.net                                                                         Terry J. Lodge, Attorney (419) 205-7084,  email   tjlodge50@yahoo.com 

Public Interest Groups Denied Hearing on Holtec International’s Nuclear Waste Dump in New Mexico

Washington D.C. - -  On Tuesday the Nuclear Regulatory Commission's Atomic Safety and Licensing Board summarily terminated Public Intervenors' requests for an evidentiary hearing challenging Holtec International’s proposed concentrated high level nuclear waste dump in southeastern New Mexico. 

 "No less than Rick Perry, Secretary of the U.S. Department of Energy, admitted a few weeks ago to a congressional committee that there is a distinct possibility that 'interim storage' sites like Holtec could become permanent, de facto spent nuclear fuel repositories for hundreds of years or even forever. Holtec would have none of the safeguards and protections that were considered during the Yucca Mountain proceeding. If Holtec is allowed to build, there is a grave possibility that New Mexico will become the loser for all ages" stated attorney Terry J. Lodge.

"The license application to construct and operate a 'consolidated interim storage facility' for spent nuclear fuel in New Mexico is a blatant violation of the Nuclear Waste Policy Act (NWPA 1982, Amended 1987).  The entire application is contingent on the Department of Energy taking title to the spent nuclear fuel, this is forbidden by current law, unless it is a Permanent Repository.  Concealed from the Public is the true intent of Holtec International to store high level nuclear waste for 300 years.  This proposal is Permanent high level nuclear waste dump and is again, a blatant violation of NWPA" stated Michael J. Keegan, Intervenor with Don't Waste Michigan.

"Disregard for the current NWPA law by proceeding as if it does not exist is not acceptable.  This railroad of a ruling by the Atomic Safety and Licensing Board Panel will be appealed to the NRC Commission as prescribed by the Administrative Procedures Act (APA).   Once these remedies have been exhausted appeal to federal courts is then in order" stated Intervenor Michael J. Keegan.

" The Atomic Safety Licensing Board has summarily terminated Public Interest by gas lighting  the largest concentration of high level nuclear waste on Earth"  added Keegan.

Over 200 million U.S. Citizens living along transportation routes will be placed in peril.   These Mobile Chernobyls are fast tracked to take to the rail, roads, and waterways.   The Coalition insists that this railroad of a ruling is a process tainted from the onset,  and that this Kabuki Dance will be challenged in federal court.   The Coalition does not Consent.

Holtec, a vendor of dry cask storage systems, has proposed to store spent nuclear fuel from the nation’s commercial nuclear power plants at a facility in Lea County, in the southeastern corner of New Mexico.

Separate hearing petitions were filed by Beyond Nuclear, Sierra Club, Don't Waste Michigan et al, Alliance for Environmental Strategies, all in behalf of the public interest.  The Don't Waste Michigan (MI) et al is a Coalition of seven groups including Citizens for Alternatives to Chemical Contamination (MI), Citizens' Environmental Coalition (NY), San Luis Obispo Mother's for Peace (CA), Nuclear Energy Information Service (IL), Public Citizen (TX), Nuclear Issues Study Group (NM).  Those Motions and Contentions can be found at these links:  ML18257A333    ML19017A347 ML19049A023   ML19056A000 .   The ASLB Ruling / Memorandum and Order can be found here: ML19127A026

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Sierra Club press release: Federal nuclear regulatory panel rejects all objections to proposed New Mexico nuclear dump

For immediate release: May 7, 2019

Contacts:

Wally Taylor, attorney, Sierra Club Rio Grande Chapter, wtaylorlaw@aol.com, 319-350-5807

John Buchser, Rio Grande Chapter Nuclear-Waste Team, jbuchser@comcast.net, 505-231-6645

Federal nuclear regulatory panel rejects all objections to proposed New Mexico nuclear dump

On Tuesday, the Nuclear Regulatory Commission announced that its Atomic Safety and Licensing Board had rejected every objection made by intervenors challenging Holtec International’s application to build a storage facility for high-level nuclear waste in southeast New Mexico.

Among the requests the panel refused to consider was the objection raised by Sierra Club that U.S. law clearly prohibits nuclear waste being moved to interim facilities before a permanent storage site has been identified. No such permanent sites exist in the U.S.

“This ‘interim' storage facility could well become a permanent repository without the protections of a permanent repository,” Sierra Club attorney Wally Taylor said in response to Tuesday’s ruling. “Now it is up to the people and public officials in New Mexico to protect New Mexicans from this boondoggle.”

“New Mexico citizens should be very concerned about this project,” Sierra Club Rio Grande Chapter Nuclear-Waste Co-Chair John Buchser said. “Energy Secretary Rick Perry has indicated he is OK with the storage-site proposal in Texas, just across the New Mexico border, becoming a permanent facility.  The Sierra Club is very concerned about possible radioactive releases from containers designed for short-term storage. The transport of this highly radioactive waste is even more risky, and the nation’s rail system is not safe enough to transport this waste.”

Taylor, representing the Sierra Club Rio Grande Chapter, and attorneys for Beyond Nuclear, Fasken, AFES and transportation intervenors raised nearly 50 different contentions before the three-judge board during oral arguments in January in Albuquerque.

The panel, charged with ruling on petitioners’ standing and the admissibility of their contentions under NRC regulations, agreed that some of the six petitioners, including the Sierra Club, had standing, but ruled that not not a single one of nearly 50 contentions raised were admissible for even an evidentiary hearing.

“The board won’t even consider transportation risk,” Buchser said.

“This decision is a perfect example and a lesson for the citizens of New Mexico and the United States of how the NRC process is shamelessly designed to prevent the public from participating,” Taylor said.

“It’s clear from the hearings across the state that the people of New Mexico don’t want this. They need to join forces and make that clear to New Mexico officials,” Taylor said. “State officials can pass and enforce laws that would require permits or other protections from the dangers posed by the transport of high-level radioactive waste to southeast New Mexico.”

The next step for Sierra Club is to appeal to the Nuclear Regulatory Commission.

NRC ASLB rules against all parties opposed to Holtec/ELEA CISF

See the ruling, here.

See the NRC Office of Public Affairs press release, here.

Most, to all, parties opposed to the Holtec/ELEA CISF, including Beyond Nuclear, plan to appeal these rulings.

Beyond Nuclear has already initiated an appeal to the D.C. Circuit Court of Appeals, the second highest court in the land.

S. 1234 - - A bill to establish a new organization to manage nuclear waste, provide a consensual process for siting nuclear waste facilities, ensure adequate funding for managing nuclear waste, and for other purposes

See the bill, here.

The three sponsors of this bill, currently, are Republicans Lisa Murkowski (Alaska) and Lamar Alexander (Tennessee), and Democrat Dianne Feinstein (California).

Murkowski is chairman of the U.S. Senate Natural Resources Committee.

Alexander is chairman of the U.S. Senate Subcommittee on Energy and Water Appropriations; Feinstein is the subcommittee's Ranking Democrat.