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July 6, 2019 by Nukewatch Leave a Comment

Rogue Nuclear Waste Agencies Flouting Federal Law

Secret Cross-Country Plutonium Shipment Ignored US Law & Nevada Lawsuit

Nukewatch Quarterly Summer 2019

With two recent actions, government nuclear power and weapons program administrators in the Department of Energy and the Nuclear Regulatory Commission appear to have flagrantly disregarded federal and state law governing transport of highly radioactive materials in one case, and storage of it in another.

Sometime late last year, the Energy Dept. secretly shipped a half metric ton of weapons-grade plutonium from South Carolina to Nevada in defiance of Nevada’s public opposition and the National Environmental Policy Act.

In the face of near unanimous resistance from Nevada state lawmakers, and from past and present governors, the DOE’s National Nuclear Security Administration (NNSA) secretly sent the extremely hazardous shipment across the country without notifying first responders or emergency preparedness officials in any city or state through which the plutonium passed, and without first completing an environmental impact assessment.

The NNSA acknowledged its clandestine transport during a court hearing in January. Former Nevada governor Brian Sandoval had filed a November 2018 lawsuit to prevent DOE’s shipment without first filing an environmental impact statement as required by the National Environmental Policy Act.

In a January 30 court filing, the NNSA claimed that its shipment of the plutonium was “before November 2018, prior to the initiation of…” Sandoval’s lawsuit. However, the agency refused to say exactly when the shipment took place.

The government’s admission that the plutonium was secretly shipped to the Nevada National Security Site 70 miles north of Las Vegas (formerly called the Nevada Test Site), outraged state politicians and other observers. The Associated Press reported that Nevada Governor Steve Sisolak was “beyond outraged by this completely unacceptable deception” and said he’s working with Nevada’s congressional delegation to fight back against the government’s “reckless disregard” for the safety of Nevadans.

The Mineral County Independent-News reported April 4, 2019 that Amber Torres, Chair of the Walker River Paiute Tribe, joined 12 Nevada tribal leaders in writing to President Trump and Energy Secretary Rick Perry protesting that the shipment was done without first informing state or tribal officials. The Tribe was “outraged that Federal officials … have shipped radioactive plutonium to Nevada in spite of the state’s vehement opposition to the idea and concerns that doing so opens the state up to further nuclear waste dumping,” Torres wrote.

The Nevada National Security Site is the “ancestral homelands of the Western Shoshone people,” said Arlan Melendez, Chair of the Reno-Sparks Indian Colony, a federally recognized government in Reno, Nevada.

State lawmakers and Gov. Sisolak had demanded that studies be done regarding the chances and impacts of transport accidents, but were ignored by the NNSA.

Atomic Licensing Board Violates US Nuclear Waste Policy Act

A similarly crass trampling of environmental law was issued May 7 by the Atomic Safety and Licensing Board (ASLB), an arm of the US Nuclear Regulatory Commission.

The Licensing Board was petitioned by Beyond Nuclear to dismiss the unlawful application for a permit, submitted by Holtec International/Eddy-Lea Energy Alliance (Holtec), to “temporarily” store 173,600 metric tons of highly radioactive waste reactor fuel rods in southeast New Mexico.

The petition to terminate Holtec’s application is based on the fact that the governing Nuclear Waste Policy Act of 1982, as amended, forbids any transfer of the commercial reactor waste to a temporary or “interim” storage site, only to a permanent repository. Holtec could do this as a private enterprise, but the company wants the Energy Department to pay all its costs, and the industry is lobbying Congress to further amend the Nuclear Waste Policy Act.

In what Beyond Nuclear called “an astounding ruling,” the ASLB agreed that the application violates federal law, but it nevertheless dismissed the legal challenge on the ground that Holtec could be depended on not to implement the unlawful provision if the license were granted. “…the Board assumes Holtec will honor its commitment not to contract unlawfully with DOE to store any other spent nuclear fuel. Likewise, we assume DOE would not be complicit in any such unlawful contracts.”

Mindy Goldstein, a lawyer for Beyond Nuclear said, “Holtec, Beyond Nuclear, and the NRC all agree that a fundamental provision in the Holtec application violates the US 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.”

The legal counsel has appealed to the U.S. Nuclear Regulatory Commission (NRC) against the Atomic Safety and Licensing Board (ASLB) rulings in favor of Holtec International’s license application.

Filed Under: Environmental Justice, Newsletter Archives, Quarterly Newsletter, Radioactive Waste

July 6, 2019 by Nukewatch 2 Comments

Radiation’s and Colonialism’s Permanent Stamp on New Mexico—Part I

(See Part II.)
Nukewatch Quarterly Summer 2019
By Leona Morgan of Nuclear Issues Study Group
Leona Morgan, with Diné No Nukes and the Nuclear Issues Study Group in New Mexico, spoke to the Oak Ridge Environmental Peace Alliance in Tennessee in 2016.

As an indigenous person whose ancestral connections to the land are rooted in the occupied territories of “New Mexico,” and as an anti-nuclear activist, the connection between the marginalization and oppression of people of color in this state and the incidence of widespread radioactive contamination is unmistakable.

White settler colonialism has been perfected over centuries, and is built on deliberate institutionalized racism. The United States once mandated genocide and the forced removal of indigenous peoples to uplift a dominant culture of privileged white men making decisions about our future and the future of our Mother Earth. With modern technology, the process of removal and genocide has taken new forms and may have slowed in pace, but has not ended.

The drive for nuclear domination, first military and later electrical, has left thousands of abandoned uranium mines, over a hundred aging reactors, and no safe place to put radioactive waste. In New Mexico, we consider ourselves to be in the belly of the nuclear beast, and July 16th is an anniversary that reminds us of the omnipresence of that beast.

Trinity Test

July 16, 1945 was the day of the first atomic blast. The Trinity nuclear bomb test and hundreds more have left countless victims with cancers, other health problems, and deadly fallout that covered much of the state. The Radiation Exposure Compensation Act (RECA) compensates uranium workers prior to 1971, “onsite participants” of US nuclear weapons tests, and Nevada Test Site “downwinders” who can show their health problems were caused by bomb test fallout. RECA does not cover uranium workers after 1971, or downwinders from other tests such as the Trinity Site. However, many survivors today are suffering from illness at the hands of the US government. US Rep. Ben Ray Lujan, D-NM, has been pushing Congress for changes to RECA on behalf of post-1971 workers and others from the impacted area known as the Tularosa Basin.

Tina Cordova, founder of the Tularosa Basin Downwinders Consortium, is an advocate for the impacted community. The group has done a Health Impact Assessment to gain support in Congress for expanded RECA coverage. This year, TBDC is planning a National Trinity Day of Remembrance to bring attention to all downwinders. “We are hoping to get organizations representing the Downwinders in places like Idaho and the Pacific Islands and the Post 71 Uranium miners/workers to hold candlelight vigils of their own in remembrance of the people who’ve lost their lives as a result of nuclear testing and uranium mining around the country,” Cordova states.

Cordova continues, “We never thought that it would take this long for Congress to pass the RECA Amendments to add the New Mexico Downwinders to the fund… We add new names every year to our list. People are dying…It is high time for the people of New Mexico to receive the justice they’ve been denied for 74 years.”

Church Rock Mill Spill of 1979

One the same fateful date of July 16 this year marks the 40th anniversary of the world’s largest uranium milling disaster, which occurred within miles of the Diné (Navajo) community located along Red Water Pond Road north of Church Rock. The United Nuclear Corporation (UNC) knowingly and willfully continued using a uranium mill waste tailings pond that had a cracked dam wall. United Nuclear’s own consultant predicted that a dam failure was likely, yet no state or federal agencies came to inspect. In the early morning hours of July 16, 1979, the dam broke, and over 90 million gallons of liquid radioactive waste and 1,100 tons of solid waste spilled into the environment, the Little Puerco River and eventually Arizona.

Today, UNC has proposed “cleaning up” its mine by piling waste on top of its existing contaminated mill waste, covering it with clay, and abandoning it permanently. The proposal does not include any cleanup of off-site contamination or address the liquid mill tailings spill. Residents living near the Rio Puerco say that when it rains they can still smell the toxic chemicals that were spread downriver by the giant Church Rock spill.

Today, the community continues to demand reparations for the two 1,000-foot-deep mine pits where Mother Earth has been raped for the sake of paper money. The Red Water Pond Road Community Association is working with the US Environmental Protection Agency on the cleanup. Edith Hood, local Diné resident and community organizer, says, “We, the people of the Red Water Pond Road, are still waiting for equality and justice to be served. The toxic contamination of our Mother Earth and her people has not been addressed—a lot of talk and not enough action.” In Hood’s public testimony at the NRC’s public scoping meeting regarding the mine site’s cleanup, she said, “They are just waiting for us to die.”

On the weekend of July 13-14, 2019, the Red Water Pond Road Community Association will hold a commemoration to recognize the anniversary, the work that has been done by the community, and the work still left for the government and responsible companies to address.

From the 1942 Manhattan Project, to newly proposed radioactive waste dumps, we as New Mexicans know and live with the injustice that, while once focused on Natives, now threatens everyone. With the industrialization of the splitting of the atom, the totality of the impact on humanity is unknown. For those of us living in places broadly contaminated with ionizing radiation, we know radiation does not discriminate, and that we will forever pass-on this history of nuclearism in our DNA.

—Leona Morgan works with the Nuclear Issues Study Group in New Mexico.

For more on the Church Rock spill see Refusing to Report on Church Rock, “the worst incident of radiation contamination in the history of the United States”

Filed Under: Environmental Justice, Newsletter Archives, Quarterly Newsletter, Radiation Exposure, Radioactive Waste, Uranium Mining

July 6, 2019 by Nukewatch Leave a Comment

“I oversaw the US nuclear power industry. Now I think it should be banned.”

The Dangers of Climate Chaos No Longer Outweigh the Risks of Nuclear Reactor Accidents
US Dept. of State Geographer. Data NOAA, US Navy, NGA, GEBCO. Image (c) 2012 Terrametrics
Nukewatch Quarterly Summer 2019
Gregory Jaczko, Washington Post, May 17, 2019

Editor’s note: Mr. Jaczko’s use of the phrase “nuclear plant” has been replaced with the word “reactor” when applicable.

Nuclear power was supposed to save the planet. The reactors that used this technology could produce enormous amounts of electricity without the pollution caused by burning coal, oil or natural gas, which would help slow the catastrophic changes humans have forced on the Earth’s climate. As a physicist who studied esoteric properties of subatomic particles, I admired the science and the technological innovation behind the industry. And by the time I started working on nuclear issues on Capitol Hill in 1999 as an aide to Democratic lawmakers, the risks from human-caused global warming seemed to outweigh the dangers of nuclear power, which hadn’t had an accident since Chernobyl, 13 years earlier.

By 2005, my views had begun to shift.

I’d spent almost four years working on nuclear policy and witnessed the influence of the industry on the political process. Now I was serving on the Nuclear Regulatory Commission, where I saw that nuclear power was more complicated than I knew; it was a powerful business as well as an impressive feat of science. In 2009, President Barack Obama named me the agency’s chairman.

Two years into my term, an earthquake and tsunami destroyed four nuclear reactors in Japan. I spent months reassuring the American public that nuclear energy, and the US nuclear industry in particular, was safe. But by then, I was starting to doubt those claims myself.

Before the accident, it was easier to accept the industry’s potential risks, because nuclear power [reactors] had kept many coal and gas plants from spewing air pollutants and greenhouse gases into the air.

Afterward, the falling cost of renewable power changed the calculus. Despite working in the industry for more than a decade, I now believe that nuclear power’s benefits are no longer enough to risk the welfare of people living near these [reactors]. I became so convinced years after departing office that I’ve now made alternative-energy development my new career, leaving nuclear power behind. The current and potential costs—personal and economic—are just too high.

Nuclear reactors generate power through fission, the separation of one large atom into two or more smaller ones. This atomic engine yields none of the air pollutants produced by the combustion of carbon-based fuels. Over the decades since its inception in the 1950s, nuclear power has prevented hundreds of fossil-fuel plants from being built, meaning fewer people have suffered or died from diseases caused by their emissions.

But fission reactors have a dark side too. If the energy they produce is not closely controlled, they can fail in catastrophic ways that kill people and render large tracts of land uninhabitable. Nuclear power is also the path to nuclear weapons, themselves an existential threat.

As the certainty of climate change grew clearer, nuclear power presented a dilemma for environmentalists: Was the risk of accidents or further spread of nuclear weapons greater than the hazard of climate change? In the late 2000s, the arguments in support of nuclear power were gaining traction with Congress, academia and even some environmentalists, as the Chernobyl accident faded into the past and the effects of climate change became harder to ignore. No new [reactors] had been proposed in decades, because of the industry’s dismal record of construction oversight and cost controls, but now utilities were beginning to pitch new reactors—as many as 30 around the country.

But the Fukushima Daiichi crisis reversed that momentum.  A massive release of radiation from that reactor complex, as its four failed reactors, lasted for months. The world watched as hydrogen explosions sent huge chunks of concrete into the air—a reminder that radiation was streaming, unseen, from the reactor core. More than 100,000 people were evacuated from their homes and their communities.

Most have not returned, because only select areas have been remediated, making the surrounding region seem like a giant chessboard with hazardous areas next to safer ones. The crisis hobbled the Japanese economy for years. The government estimated that the accident would cost at least $180 billion. Independent estimates suggest that the cost could be three times more.

There were obvious ramifications for the entire industry. Could what happened in Japan happen elsewhere? This accident consumed my work at the NRC for the next six months. I assured the public of the safety of US reactors, because I did not have enough information or a legal basis at that point to say otherwise. But I also promised to thoroughly review the safety measures we had in place and to swiftly implement any necessary reforms the agency identified. Agency staffers soon produced a reasonable set of reactor improvements that would reduce the chance of a similar accident here. The staff found weaknesses in the programs for dealing with fires, earthquakes and flooding—the kinds of natural disasters that could trigger a catastrophe like Fukushima.

Yet after the disaster, my fellow commissioners, as well as many in Congress and the nuclear industry, fretted that the proposed new US reactors might never be built, because Fukushima would focus too much attention on the potential downsides. Westinghouse and the new [reactor] owners worried that acknowledging the need for reforms would raise even more concern about the safety of reactors. The industry wanted the NRC to say that everything was fine and nothing needed to change. So my colleagues on the commission and supporters of the industry pushed to license the first of these projects without delay and stonewalled implementation of the safety reforms. My colleagues objected to making the staff report public. I ultimately prevailed, but then the lobbying intensified: The industry almost immediately started pushing back on the staff report. They lobbied the commission and enlisted allies in Congress to disapprove, water-down or defer many of the recommendations.

Within a year of the accident at Fukushima—and over my objections—the NRC implemented just a few of the modest safety reforms that the agency’s employees had proposed, and then approved the first four new reactor licenses in decades, in Georgia and in South Carolina.

But there was a problem. After Fukushima, people all over the world demanded a different approach to nuclear safety. Germany closed several older reactors and required the rest to shut down by 2022. Japan closed most of its reactors. Last year, even France, which gets about 80 percent of its electricity from nuclear power, proposed reducing that figure to 50 percent by 2035, because safety could not be guaranteed. Trying to make accidents unlikely wasn’t enough.

And here in the United States, those four new reactors—the vanguards of the “nuclear renaissance”—still haven’t opened. The South Carolina companies building two of the reactors canceled the project in 2017, after spending $9 billion of their customers’ money without producing a single electron of power. The construction company behind the utilities, Westinghouse, went bankrupt, almost destroying its parent company, the global conglomerate Toshiba. The other two reactors licensed while I chaired the NRC are still under construction in Georgia and years behind schedule. Their cost has ballooned from $14 billion to $28 billion and continues to grow.

History shows that the expense involved in nuclear power will never change. Past construction in the United States exhibited similar cost increases throughout the design, engineering and construction process. The technology and the safety needs are just too complex and demanding to translate into a facility that is simple to design and build. No matter your views on nuclear power in principle, no one can afford to pay this much for two [reactors]. New nuclear is simply off the table in the United States.

After I left the NRC in 2012, I argued that we needed new ways to make accidents impossible. When a reactor incident occurs, the reactor should not release any harmful radiation outside the reactor itself. I was not yet antinuclear, just pro-public-safety. But nuclear proponents still see this as “antinuclear.” They knew, as I did, that most reactors operating today do not meet the “no off-site release” test. I think a reasonable standard for any source of electricity should be that it doesn’t contaminate your community for decades.

Coal and natural gas do not create this kind of acute accident hazard, though they do present a different kind of danger. Large dams for hydroelectric power could require evacuation of nearby communities if they failed—but without the lasting contamination effect of radiation. And solar, wind and geothermal energy pose no safety threat at all.

For years, my concerns about nuclear energy’s cost and safety were always tempered by a growing fear of climate catastrophe. But Fukushima provided a good test of just how important nuclear power was to slowing climate change. In the months after the accident, all nuclear reactors in Japan were shuttered indefinitely, eliminating production of almost all of the country’s carbon-free electricity and about 30 percent of its total electricity production. Naturally, carbon emissions rose, and future emissions-reduction targets were slashed.

Would shutting down reactors all over the world lead to similar results? Eight years after Fukushima, that question has been answered. Fewer than 10 of Japan’s 50 reactors have resumed operations, yet the country’s carbon emissions have dropped below their levels before the accident. How? Japan has made significant gains in energy efficiency and solar power. It turns out that relying on nuclear energy is actually a bad strategy for combating climate change. One accident wiped out Japan’s carbon gains. Only a turn to renewables and conservation brought the country back on target.

What about the United States? Nuclear accounts for about 19 percent of US electricity production and most of our carbon-free electricity. Could reactors be phased out here without increasing carbon emissions? If it were completely up to the free market, the answer would be yes, because nuclear is more expensive than almost any other source of electricity today. Renewables such as solar, wind and hydroelectric power generate electricity for less than the nuclear reactors under construction in Georgia, and in most places, they produce cheaper electricity than existing nuclear reactors that have paid off all their construction costs.

In 2016, observing these trends, I launched a company devoted to building offshore wind turbines. My journey, from admiring nuclear power to fearing it, was complete. This tech is no longer a viable strategy for dealing with climate change, nor is it a competitive source of power. It is hazardous, expensive and unreliable, and abandoning it wouldn’t bring on climate doom.

The real choice now is between saving the planet and saving the dying nuclear industry. I vote for the planet.

—Jaczko served on the Nuclear Regulatory Commission from 2005 to 2009, and as its chairman from 2009 to 2012. The author of Confessions of a Rogue Nuclear Regulator, he teaches at Georgetown University and Princeton University.

Filed Under: Chernobyl, Fukushima, Newsletter Archives, Nuclear Power, Quarterly Newsletter, Radiation Exposure

July 6, 2019 by Nukewatch Leave a Comment

Necessity Defense Wins Not Guilty Verdict for Climate Activists

Nukewatch Quarterly Summer 2019

A jury in London has cleared 25-year-old David Durant and 52-year-old Roger Hallam—a co-founder of the Extinction Rebellion movement—of all charges. The jury acquitted the pair of climate activists of vandalism charges May 9, after they defended their acts of civil disobedience as a proportionate, preventative response to threats posed by the global climate crisis. Jurors at Southwark Crown Court in London unanimously cleared Durant and Hallam of charges stemming from their efforts as part of an ultimately successful campaign to pressure King’s College London to divest millions of dollars from fossil fuels. On Jan. 19, 2017, Hallam wrote “divest from oil and gas” in water-soluble chalk-based spray paint on university property. The two were arrested days later for spray painting the walls of the university’s Great Hall.  —Jessica Corbett, Common Dreams, May 10, 2019

Filed Under: Direct Action, Environment, Newsletter Archives, Quarterly Newsletter

July 6, 2019 by Nukewatch Leave a Comment

Tax-Free Nuclear Weapons Gravy Train

Nukewatch Quarterly Summer 2019

Among the 30 most profitable corporations that paid no, nada, $0 federal income taxes in 2018, are a rogue’s gallery of nuclear power and nuclear weapons profiteers. As if tax-payer funded research & development, insurance and waste management subsidies, property tax breaks, and legislative protection from market competition weren’t hand-outs enough, zeroed corporate income tax bills put some giants in a cushier cat bird seat. Often, the same firms were given “tax rebates that could be used to reduce their tax burdens in other years,” the New York Times reported. The nuclear weapons and reactor firms that paid no federal taxes in 2018 include:

• Xcel Energy, which runs three nuclear reactors in Minnesota

• Honeywell, which operates nuclear weapon production sites in Kansas City, Missouri and Pantex, Texas, and works on tanks, cargo planes, military helicopters, and Reaper drones

• Duke Energy, which runs the 11 reactors at Catawba, McGuire, Oconee, Shearon Harris, HB Robinson, and Brunswick

• Dominion Energy, which operates the five reactors at Millstone, North Anna, and Surry stations.

— Institute on Taxation & Economic Policy, via New York Times, April 29, 2019

Filed Under: Military Spending, Newsletter Archives, Nuclear Weapons, Quarterly Newsletter

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