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July 6, 2019 by Nukewatch Leave a Comment

Kings Bay Plowshares “Motion to Dismiss” Denied

Nukewatch Quarterly Summer 2019
By Patrick O’Neill
Four of the seven Kings Bay Plowshares with some of their lawyers.

It has now been 14 months since the Kings Bay Plowshares 7 entered Naval Station Kings Bay Trident submarine base in St. Marys, Georgia to “beat swords into Plowshares.”

Kings Bay, which is armed with enough nuclear weapons to destroy life as we know it on our planet, is a place of despair and horror.

Because of the positive economic impact of the Trident base in this southeast Georgia community, residents living in the shadow of Armageddon have been brainwashed to accept Trident and the nuclear threat as a normal course of their lives.

The seven of us, all Catholic pacifists, have been charged with three felonies and misdemeanor trespass. Three of our group—Fr. Steve Kelly, S.J., Elizabeth McAlister, and Mark Colville—remain incarcerated in the Glynn County Jail. Liz turned 79 and Steve turned 70 during incarceration. The others, Clare Grady, Martha Hennessy, Carmen Trotta, and myself, have been under house arrest (curfew) with electronic ankle monitors for more than a year.

The Kings Bay Plowshares chose to act on April 4, 2018, the 50th anniversary of the assassination of the Rev. Dr. Martin Luther King, Jr. We cited King’s warning of the evil triplets of militarism, racism and materialism as our motivation to disarm Trident.

In an unprecedented legal move, our team of volunteer lawyers filed motions asking that our charges be dismissed under elements of the Religious Freedom Restoration Act.

After testimony from expert witnesses and all of the defendants last November, US Magistrate Benjamin Cheesbro on April 26 denied our motions to dismiss with an 80-page recommendation to US District Court Judge Lisa Wood who will preside over our trial.

However, the testimony of the seven of us did convince Mag. Cheesbro that our sincerely held religious beliefs did in fact lead us to engage in “Sacramental symbolic denuclearization” at Kings Bay.

And while the court found that our cause is a legitimately religious one and that our faith is sincere, Mag. Cheesbro concluded that imprisoning us for up to 20 years is “not a coercive response” to our faith-based actions, and that even if it is, such imprisonment is the government’s “least coercive response.”

We will appeal Mag. Cheesbro’s ruling to presiding Judge Wood, and our trial is expected to be scheduled for later this summer.

—Patrick O’Neill cofounded and lives at the Fr. Charlie Mulholland Catholic Worker House in Garner, NC. Learn more about the Kings Bay Plowshares and how to be in touch with them in jail.

Filed Under: Direct Action, Newsletter Archives, Nuclear Weapons, Quarterly Newsletter

July 6, 2019 by Nukewatch Leave a Comment

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

Nukewatch Quarterly Summer 2019
By Mark L. Taylor, Special to Nukewatch

Editor’s note: In New Mexico, the Church Rock Spill of July 16, 1979 has been called “the worst incident of radiation contamination in the history of the United States.” Catherine Caufield in “Multiple Exposures,” and Harvey Wasserman and Norman Solomon in “Killing Our Own,” reported that when the earthen dam holding radioactive uranium mine tailings burst, it released 93 million gallons of liquid wastes and more than 1,100 tons of solid wastes. “The wall of water backed up sewers and lifted manhole covers in Gallup, 20 miles downstream … and carried toxic metals … at least 70 miles downstream. … it left residues of radioactive uranium, thorium, magnesium, manganese, molybdenum, nickel, selenium, sodium, vanadium, zinc, iron, lead and high concentrations of sulfates.”

The 32nd anniversary of the Church Rock spill was observed July 16, 2011 with an awareness march starting from the site of the spill, 20 miles upstream from Gallop, New Mexico. Navajo Times photo by Paul Natonabah.

In 1978, I was a few years out of college when I stumbled into a job as the editorial cartoonist for The Albuquerque Tribune, which was part of the once legendary Scripps Howard chain of papers. At its founding in 1878 by E.W. Scripps, the company was a feisty force for progressive reform. By the late 1970’s, not so much.

Before loading up the U-Haul and heading off to the southwest an uncle of mine from San Antonio sat me down to make sure I understood just what the newspaper business was all about. Uncle Gary, a former journalist, was a very successful newspaper consultant and broker.

Full of dreams and inspired by the legacy of Scripps Howard’s most famous journalist, World War II combat reporter Ernie Pyle, I was eyeing my new career with a reformer’s heart.

“Yeah, so all that stuff about covering the news and getting to the truth is important, but never forget this,” uncle Gary said. “Bottom line, it is always a business and a business is about making money.”

“Yeah, I know that,” I said aloud, while inside thinking, “But journalism is a different kind of business.”

I settled into my new job with the passion of a religious convert, cranking out editorial cartoons and illustrations, and reading all I could about New Mexico, which one colleague described to me as, “Being as close as you can get to living in the Third World and still be in the United States.”

Where E.W. Scripps had once warned cub reporters about never trusting an editor who belonged to a country club, the corporation now not only provided the editor Ralph Looney with a membership to the most established country club in the city, but also a membership to the swanky Petroleum Club, perched atop one of the city’s tallest bank buildings.

Editor Ralph regularly went to luncheons at the Petroleum Club and would casually mention how he had enjoyed yet another lovely dinner at the club with this or that banker, oil company executive, or big wig with one of the nuclear labs.

On July 16, 1979 any lingering illusions I had about corporate media were sandpapered out of me. Reports were coming in regarding a massive flood of liquid radioactive waste from a breached uranium mine tailings evaporation pond. A “state of the art” earthen dam had collapsed and a veritable avalanche of radioactive sludge, heavy metals, acids and other toxins was roaring down the Little Puerco River (Rio Puerco), right through the heart of the Navajo Nation.

The Rio Puerco is a tributary of the Little Colorado River, which runs to the Colorado River, which feeds Lake Mead—a source of drinking water for Los Angeles.

Initial reports of what came to be known as the Church Rock Spill were fragmentary, but details were coming in about millions of gallons of toxic radioactive liquid waste gushing into the Rio Puerco; a virtual tsunami of nuclear industry poison. There were reports of sheep along the banks dropping dead and people falling ill. But, of course, far out on the “rez’” all of that was “out of sight.”

I was tracking the scraps of information coming across the news wire. A friend at United Press International phoned me tidbits he was hearing. I was worked up about the story but the news editors were coolly dismissive. Of course, if the same thing were happening to the Rio Grande flowing through Albuquerque I had no doubt the news room would have jumped into action.

I went to Editor Looney. Surely an old news hound like him could see the importance of what was happening out on the Navajo land. This was a big story, just what newspapers are meant to cover. He knew Navajo elders and artists in Santa Fe, so surely, he would do something.

But Editor Ralph took me into his office and shut the door. A small, portly man, he had to hunch forward on his elbows with his hands clasped before him on the cluttered desktop. He sighed and gazed unblinkingly at me. Then he cleared his throat and said quietly, calmly, “Mark, you have to understand, the nuclear industry built New Mexico. We will not be covering that story.” And, with the exception of a few follow-up wire stories buried in the back end of the paper, we didn’t.

By the time the dam was patched up, between 93 and 100 million gallons had gushed downstream, along with 1,100 tons of radioactive waste, sludge, acids and heavy metals including arsenic, uranium, thorium, radium, polonium, cadmium, and molybdenum. Due to the rugged, remote landscape, much of the clean-up had to be done by crews with shovels, rakes, buckets and wheelbarrows. Pockets of remaining radioactive waste dotted the dry landscape waiting to be moved along in the next downpour or blown about in the wind. Later studies found the toxic brew had seeped as much as 30 feet into the alluvial soils and groundwater. The rate of illness and death went up for those living along the Rio Puerco.

The Navajo Nation Tribal Government asked then governor Bruce King to seek federal assistance to clean up the colossal radioactive mess. King rejected the request. Again, the Albuquerque Tribune had other stories to cover.

Three years after the disaster, United Nuclear Corporation closed up operations and walked away. Now 40 years on, I know that the corporate media is still not to be trusted when it comes to covering the nuclear, or any other area of the energy industry.

As E.W. Scripps once wrote:

The press of this country is now and always has been so thoroughly dominated by the wealthy few of the country that it cannot be depended upon to give the great mass of the people the correct information concerning political, economic, and social subjects which it is necessary that the mass of people shall have, in order that they shall vote and in all ways act in the best way to protect themselves from the brutal force and chicanery of the ruling and employing class.

But that was a long time ago.

—Mark Taylor is an independent illustrator and cartoonist.

For more on the Church Rock spill see Radiation’s and Colonialism’s Permanent Stamp on New Mexico.

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

July 6, 2019 by Nukewatch 1 Comment

Xcel Wants to Run 48-Yr-Old Reactor to Age 59, or Even 69

Nukewatch Quarterly Summer 2019

On May 20, Minnesota Public Radio (MPR) and others reported that Xcel Energy, Inc. plans to seek a 10-year license extension for its old Monticello reactor, 35 miles northwest of Minneapolis.

Several crucial points were glaringly ignored by the radio report, including the fact that the reactor is 48 years old. MPR noted that with an extended license, Xcel could operate the reactor “10 years beyond the expiration of its current license”—a true statement, that is miserly with the facts.

Monticello’s “current license” is itself a 20-year license extension—expiring in 2030—which Xcel was granted in 2006. The reactor was designed, engineered, and built with parts intended to be retired in 2010. It has been operating beyond its design since Sept. 8 that year. If Monticello rattles, hisses, leaks, spews and vents along with making radioactive waste until 2040, it will then be 59 years old, nearly twice its intended retirement age. The Minneapolis StarTribune reported that in addition to its proposed 10-year extended license, Xcel executives will ask the Nuclear Regulatory Commission for “an option for 10 more years after that,” pushing the reactor’s dangerous make and model to its 69th year.

Monticello’s notorious design type was also ignored by the MPR news report which failed to mention that the reactor is a General Electric “Mark 1”—the same design, built by the same manufacturer, as the four reactors that failed catastrophically at Fukushima-Daiichi in Japan on March 11, 2011. Fukushima’s red hot masses of melted metallic radioactive “corium” are still venting radiation to the air, and pouring radioactive cooling water into the Pacific, eight years after the disaster which resulted from the worst earthquake in recorded Japanese history.

Adding to the risk-taking at the 671-megawatt Monticello unit, are its power rate increases, which were also ignored by the MPR news story. In 1998, Xcel was permitted to boost its power output, allowing the company to run the reactor 6.3% hotter and harder. In 2013, in spite of its age, it was even permitted a second power rate increase, pushing the old jalopy an additional 12.9% beyond its originally licensed limit.

MPR’s report did make me howl once. On the air, the reporter noted that Xcel, Inc. had agreed to install additional solar and wind electric generation systems, and added that more solar and wind “is good for environmental groups.” Again, saying that environmental groups benefit is true, but like saying the surface of the sun is “hot,” it understates the case by orders of magnitude. More solar and wind power are good in general for everybody, and for all groups in general.

—JL

Filed Under: Newsletter Archives, Nuclear Power, Protect the Water Close Xcel's Monticello Reactor, Quarterly Newsletter

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

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