Environmental coalition demands NEPA & AEA compliance re: Nuclear Waste Confidence in reactor licensing proceedings
January 28, 2015 In a legal filing today, a coalition of environmental groups, including Beyond Nuclear, has demanded that the U.S. Nuclear Regulatory Commission (NRC) fulfill its legally required obligations under the National Environmental Policy Act (NEPA) and the Atomic Energy Act (AEA), regarding its Continued Storage of Spent Nuclear Fuel Generic Environmental Impact Statement (GEIS) and Rule in various atomic reactor licensing proceedings around the country. The coalition is represented by attorneys Diane Curran of Washington, D.C., and Mindy Goldstein of Turner Environmental Law Clinic at Emory University in Atlanta.
In several reactor licensing proceedings where Final EISs came out prior to court victories negating NRC's Nuclear Waste Confidence policy (or "Nuke Waste Con Game," for short!) for violating NEPA and AEA in 2012, NRC has neither included the full 2014 Continued Storage GEIS and Rule in new reactor combined Construction and Operating License Application (COLA) proceeding FEISs, nor old reactor license extension proceeding FEISs. To not do so violates NEPA, and portions of AEA, and their implementing regulations at NRC, as well as the White House Council on Environmental Quality.
On Dec. 8, 2014, the Missouri Coalition for the Environment, represented by Curran (as well as Henry Robertson of Great Rivers Environmental Law Center in St. Louis), filed a Nuclear Waste Confidence-related, National Environmental Policy Act (NEPA) "placeholder" contention in the Callaway atomic reactor license extension proceeding. That contention has, thus far, succeeded in staving off NRC's imminent rubberstamp of Callaway's 20-year extension.
Attorney Terry Lodge of Toledo represents Beyond Nuclear in the intervention against NRC approval of the proposed new Fermi Unit 3 reactor COLA in southeast Michigan, on the Great Lakes shoreline. Today's filing by Lodge in that proceeding seeks to preserve Beyond Nuclear's opportunity to file a Nuclear Waste Confidence contention against Fermi 3, like was done at Callaway several weeks ago.