Continuing court battle against proposed nuclear waste site near Carlsbad
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Legal battle continues against proposed nuclear waste site near Carlsbad, Carlsbad Current Argus, Adrian Hedden, Carlsbad Current-Argus June 10, 2020 A planned nuclear waste repository near Carlsbad was challenged in federal court, as opponents sought to appeal a decision by the federal government to reject contentions to the project that would see spent nuclear fuel rods stored temporarily at a location near the Eddy-Lea county line. Beyond Nuclear filed its appeal on June 4 in the U.S. Court of Appeal for the District of Columbia, questioning the federal Nuclear Regulatory Commission’s April 23 decision to reject challenges to Holtec International’s application for a license to build and operate a consolidated interim storage facility (CISF) that would hold nuclear waste at the surface until a permanent, deep geological repository was available to hold the waste permanently. The facility would store up to 173,000 metric tons of the waste. Such a permanent repository does not exist, and Beyond Nuclear — a non-profit organization that addresses nuclear issues nationwide — worried one wouldn’t be available until 2048. The group also pointed to another NRC order in October 2018 where the NRC deemed contentions inadmissible but argued against both decisions that it said upheld a regulatory process that violated federal law. The licensing process itself was illegal, read NRC’s court filing, because it considered the possibility that the U.S. Department of Energy would take ownership of the waste — a move illegal under federal law unless a permanent repository is available to hold the waste. “This NRC decision flagrantly violates the federal Administrative Procedure Act (APA), which prohibits an agency from acting contrary to the law as issued by Congress and signed by the President,” said Mindy Goldstein, an attorney for Beyond Nuclear. “The Commission lacks a legal or logical basis for its rationale that it may issue a license with an illegal provision, in the hopes that Holtec or the Department of Energy won’t complete the illegal activity it authorized. The buck must stop with the NRC.”…….. https://www.currentargus.com/story/news/local/2020/06/10/federal-appeal-filed-against-nuclear-waste-site-proposed-near-carlsbad/5317995002/ |
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Number two executive of the defunct SCANA Corpto plead guilty to fraud conspiracy in nuclear plant failure
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Top SCANA ex-official to plead guilty to fraud conspiracy in nuclear plant failure https://www.thestate.com/news/local/crime/article243356621.html, BY JOHN MONK
JUNE 08, 2020 The number two executive of the defunct SCANA Corp. — whose top officials engineered the biggest business failure in South Carolina history: the $10 billion V.C. Summer nuclear plant fiasco — has agreed to plead guilty to criminal conspiracy fraud charges in connection with the nuclear failure, according to a document filed Monday in U.S. District Court in Columbia.
The upcoming guilty plea of Stephen A. Byrne, 60, is a centerpiece of a Monday filing involving his alleged criminal actions. He will need to have his guilty plea formally accepted by a U.S. District Court judge before it becomes official. Byrne is charged with conspiring to commit mail fraud, the document said. The document is a motion requesting a stay in a Securities and Exchange civil fraud lawsuit against Byrne and SCANA’s former CEO, Kevin Marsh. That civil lawsuit was filed in February. One big difference between civil and criminal proceedings is that in a criminal proceeding, a defendant can be subject to a prison term. The document alleges that “through intentional and material misrepresentations and omissions, Byrne and others deceived regulators and customers to maintain financing for the (nuclear) project and to financially benefit SCANA.” The Monday filing said there is “an ongoing criminal investigation” and indicated more criminal charges against other former SCANA top officials may be in the offing. |
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Legal challenge to “Interim” storage of nuclear wastes, before permanent disposal determined
Holtec’s interim nuclear waste application challenged in court, BY THERESA DAVIS / JOURNAL STAFF WRITER, AlbuquerquebJournal, June 6th, 2020
Holtec International’s proposed nuclear waste interim storage facility in southeast New Mexico faces a new legal challenge.
Anti-nuclear group Beyond Nuclear filed a petition for review Thursday in the U.S. Court of Appeals for the District of Columbia Circuit. The group asks for review of the U.S. Nuclear Regulatory Commission’s rejection of their petitions.
The group alleges that the NRC cannot issue Holtec a license because the company’s application includes a provision that the U.S. Department of Energy may be the owner of the facility’s nuclear waste. The group says approval would violate the Nuclear Waste Policy Act.
That law prevents the government from taking ownership of nuclear waste from private utilities before a permanent repository is in operation. The government has yet to open such a site.
“The reason that provision is in the NWPA is to protect a state like New Mexico from being forced to store this waste before a permanent repository is opened,” said Kevin Kamps, a radioactive waste specialist with Beyond Nuclear. “(Holtec has) now added a clause that includes ‘and/or nuclear utilities’ in the list of potential customers. That was good enough for the NRC, apparently.”
Beyond Nuclear presented its petition to NRC’s Atomic Safety and Licensing Board. In April, the NRC upheld that board’s dismissal of the petition.
An April 23 NRC order says Holtec “hopes Congress will change the (NWPA) law to allow DOE to enter into temporary storage contracts with Holtec.”………
The petition alleges that the NRC is also violating the Administrative Procedure Act.
“Agencies have to work with what Congress gave (them),” said Mindy Goldstein, an attorney for Beyond Nuclear and the director of the Turner Environmental Law Clinic at the Emory University School of Law. “We feel NRC is stepping around that requirement. Congress has said that DOE can’t own this waste.”
The proposed facility would store spent nuclear fuel in 500 canisters on a 1,000-acre site between Carlsbad and Hobbs. The full project could store 10,000
Beyond Nuclear Files Federal Lawsuit Challenging High-Level Radioactive Waste Dump
 Beyond Nuclear Files Federal Lawsuit Challenging High-Level Radioactive Waste Dump for Entire Inventory of U.S. “Spent” Reactor Fuel, Common Dreams, 5 June 20
Petitioner charges the Nuclear Regulatory Commission knowingly violated U.S. Nuclear Waste Policy Act and up-ended settled law prohibiting transfer of ownership of spent fuel to the federal government until a permanent underground repository is ready to receive it. WASHINGTON – Today the non-profit organization Beyond Nuclear filed an appeal with the U.S. Court of Appeals for the District of Columbia Circuit requesting review of an April 23, 2020 order and an October 29, 2018 order by the U.S. Nuclear Regulatory Commission (NRC), rejecting challenges to Holtec International/Eddy-Lea Energy Alliance’s application to build a massive “consolidated interim storage facility” (CISF) for nuclear waste in southeastern New Mexico. Holtec proposes to store as much as 173,000 metric tons of highly radioactive irradiated or “spent” nuclear fuel – more than twice the amount of spent fuel currently stored at U.S. nuclear power reactors – in shallowly buried containers on the site. But according to Beyond Nuclear’s petition, the NRC’s orders “violated the Nuclear Waste Policy Act and the Administrative Procedure Act by refusing to dismiss an administrative proceeding that contemplated issuance of a license permitting federal ownership of used reactor fuel at a commercial fuel storage facility.” Since it contemplates that the federal government would become the owner of the spent fuel during transportation to and storage at its CISF, Holtec’s license application should have been dismissed at the outset, Beyond Nuclear’s appeal argues. Holtec has made no secret of the fact that it expects the federal government will take title to the waste, which would clear the way for it to be stored at its CISF, and this is indeed the point of building the facility. But that would directly violate the 1982 Nuclear Waste Policy Act (NWPA), which prohibits federal government ownership of spent fuel unless and until a permanent underground repository is up and running. No such repository has been licensed in the U.S. The U.S. Department of Energy’s (DOE) most recent estimate for the opening of a geologic repository is the year 2048 at the earliest. In its April 23 decision, in which the NRC rejected challenges to the license application, the four NRC Commissioners admitted that the NWPA would indeed be violated if title to spent fuel were transferred to the federal government so it could be stored at the Holtec facility. But they refused to remove the license provision in the application which contemplates federal ownership of the spent fuel. Instead, they ruled that approving Holtec’s application in itself would not involve NRC in a violation of federal law, and that therefore they could go forward with approving the application, despite its illegal provision. According to the NRC’s decision, “the license itself would not violate the NWPA by transferring the title to the fuel, nor would it authorize Holtec or [the U.S. Department of Energy] to enter into storage contracts.” (page 7). The NRC Commissioners also noted with approval that “Holtec hopes that Congress will amend the law in the future.” (page 7). “This NRC decision flagrantly violates the federal Administrative Procedure Act (APA), which prohibits an agency from acting contrary to the law as issued by Congress and signed by the President,” said Mindy Goldstein, an attorney for Beyond Nuclear. “The Commission lacks a legal or logical basis for its rationale that it may issue a license with an illegal provision, in the hopes that Holtec or the Department of Energy won’t complete the illegal activity it authorized. The buck must stop with the NRC.” “Our claim is simple,” said attorney Diane Curran, another member of Beyond Nuclear’s legal team. “The NRC is not above the law, nor does it stand apart from it.”……… “When Congress passed the Nuclear Waste Policy Act and refused to allow nuclear reactor licensees to transfer ownership of their irradiated reactor fuel to the DOE until a permanent repository was up and running, it acted wisely,” said Kevin Kamps, radioactive waste specialist for Beyond Nuclear. “It understood that spent fuel remains hazardous for millions of years, and that the only safe long-term strategy for safeguarding irradiated reactor fuel is to place it in a permanent repository for deep geologic isolation from the living environment. Today, the NWPA remains the public’s best protection against a so-called ‘interim’ storage facility becoming a de facto permanent, national, surface dump for radioactive waste. But if we ignore it or jettison the law, communities like southeastern New Mexico can be railroaded by the nuclear industry and its friends in government, and forced to accept mountains of forever deadly high-level radioactive waste other states are eager to offload.” In addition to impacting New Mexico, shipping the waste to the CISF site would also endanger 43 other states plus the District of Columbia, because it would entail hauling 10,000 high risk, high-level radioactive waste shipments on their roads, rails, and waterways, posing risks of radioactive release all along the way………. “When Congress passed the Nuclear Waste Policy Act and refused to allow nuclear reactor licensees to transfer ownership of their irradiated reactor fuel to the DOE until a permanent repository was up and running, it acted wisely,” said Kevin Kamps, radioactive waste specialist for Beyond Nuclear. “It understood that spent fuel remains hazardous for millions of years, and that the only safe long-term strategy for safeguarding irradiated reactor fuel is to place it in a permanent repository for deep geologic isolation from the living environment. Today, the NWPA remains the public’s best protection against a so-called ‘interim’ storage facility becoming a de facto permanent, national, surface dump for radioactive waste. But if we ignore it or jettison the law, communities like southeastern New Mexico can be railroaded by the nuclear industry and its friends in government, and forced to accept mountains of forever deadly high-level radioactive waste other states are eager to offload.” In addition to impacting New Mexico, shipping the waste to the CISF site would also endanger 43 other states plus the District of Columbia, because it would entail hauling 10,000 high risk, high-level radioactive waste shipments on their roads, rails, and waterways, posing risks of radioactive release all along the way. Besides threatening public health and safety, evading federal law to license CISF facilities would also impact the public financially. Transferring title and liability for spent fuel from the nuclear utilities that generated it to DOE would mean that federal taxpayers would have to pay for its so-called “interim” storage, to the tune of many billions of dollars. That’s on top of the many billions ratepayers and taxpayers have already paid to fund a permanent geologic repository that hasn’t yet materialized. https://www.commondreams.org/newswire/2020/06/04/beyond-nuclear-files-federal-lawsuit-challenging-high-level-radioactive-waste?utm_campaign=shareaholic&utm_medium=referral&utm_source=twitter |
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Beyond Nuclear files petition to be heard in U.S. Court of Appeals
IN BRIEF: Watchdog petitions D.C. Circuit for a voice in nuclear waste battle, https://www.reuters.com/article/usa-energy-lawsuit/in-brief-watchdog-petitions-dc-circuit-for-a-voice-in-nuclear-waste-battle-idUSL1N2DI1PH, Sebastien Malo 5 June 20
A nuclear watchdog has petitioned a federal appeals court to review the Nuclear Regulatory Commission’s (NRC) refusal to hear its opposition to the licensing of a proposed Holtec International “interim” facility to store commercial nuclear reactor waste in southeastern New Mexico.
Beyond Nuclear filed the petition on Thursday in the U.S. Court of Appeals for the D.C. Circuit, seeking the court’s review of the NRC’s denial in 2018 and 2020 of its request for a hearing over the storage plan on grounds it would violate the Nuclear Waste Policy Act (NWPA) and the Administrative Procedure Act.
To read the full story on Westlaw Practitioner Insights, click here: bit.ly/2ALiCzH
Assange too sick to attend the very unjust process of the UK extradition hearings
Monica Del Mestre 3 June 202. In addition to other ongoing health concerns, Assange faces the serious risk of exposure to Covid in Belmarsh prison, and has been advised that even going to the video room to take part in hearings is unsafe. This is another reason he should be immediately released.
3. Assange’s lawyers have long complained they have had insufficient access to him in prison. Under lockdown conditions, they have had no access to him at all. They have repeatedly flagged that this lack of access seriously impacts their ability to prepare his defence.
4. One of the next steps agreed today is that psychiatric reports on Assange from the prosecution and defence will be due to the court on 31 July. Remember that UN Special Rapporteur @NilsMelzer has expressed alarm many times that Assange shows symptoms of psychological torture.
5. It is a welcome step that the continuation of the full extradition hearing was adjourned, as lockdown conditions present clear barriers to open justice – but 7 September may not be late enough to make a meaningful difference. Also the court is still struggling to find a venue.
6. It remains extremely frustrating that the court does not adequately accommodate NGO observers. I have never experienced so much difficulty accessing a trial in any country as at Woolwich Crown Court in February, and the teleconference option we now have is far from sufficient.
7. The press are also facing severe restrictions. Only 6 journalists have been allowed to attend in person the past 2 hearings, with others limited to the awful phone line. This case is of high public interest and a better solution must be found before the full hearing resumes.
8. Assange’s next callover hearing has been scheduled for 29 June at 10 am. We urge the court to find workable solutions to enable his safe attendance and ensure the press and observers are able to properly monitor proceedings. /END
France goes back to its restrictive nuclear compensation law affecting Polynesian nuclear test survivors
The new law reintroduces the need for every claimant to prove a minimum exposure to radiation for a compensation claim to be accepted.
It was approved by a joint commission of the National Assembly and the Senate which met after last week’s rejection of the text in the Senate.
The National Assembly had earlier voted for the law, and in a first reading, the Senate had initially also approved it but then acceded to amendments.
The French Polynesian members of the legislature have not been in Paris since the start of the Covid-19 pandemic and couldn’t take part in the discussion of the proposed law.
The compensation law clause defining the minimum exposure had been removed in 2017 because almost all compensation claims kept being rejected.
However, in 2018 the government changed its mind and reintroduced the restrictions as part of a finance act to complement a health act.
This was challenged and in February, the supreme court ruled that compensation claims lodged before the 2018 law change were not subject to the new terms.
With the new law, however, all outstanding claims have to meet the same requirements.
Between 1966 to 1996, France carried out 193 nuclear weapons tests in French Polynesia and until a decade ago, France claimed its tests were clean caused no harm to humans.
The test sites of Moruroa and Fangataufa remain excised from French Polynesia and are French no-go zones.
Court set-back to France’s EDF nuclear supply contracts
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France’s EDF suffers second setback over nuclear supply contracts, https://af.reuters.com/article/energyOilNews/idAFL8N2D93OF PARIS, May 27 (Reuters) – A French court ruling on Wednesday ordered state-controlled utility EDF to accept Gazel Energy’s suspension of supply contracts under a force majeure clause prompted by the coronavirus pandemic.In the decision, seen by Reuters, the president of the Paris commercial court said conditions for force majeure in ARENH nuclear power contracts between the two companies were “evidently met”.
The verdict followed a similar ruling last week that ordered EDF to accept Total’s suspension of supply contracts. Total and Gazel Energy have sought to invoke the force majeure clause in contracts after the pandemic cut electricity demand by around 20% and pushed prices far below that specified in their existing agreements. (Reporting by Benjamin Mallet; writing by Matthieu Protard; editing by Jason Neely) |
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New Luxembourg law allows claims over nuclear accidents
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New Luxembourg law allows claims over nuclear accidents, Liability law passed with eyes on nearby Cattenom power plant, which reported more than 40 low-level incidents in 2018, CORDULA SCHNUER, 26.05.2020 Lawmakers passed a new law on Tuesday allowing residents to seek damages for nuclear power accidents, two weeks after the government launched a campaign against nuclear waste storage near its border.Fifty-six out of 60 parliament members voted in favour of the law that will allow victims of a nuclear accident living in Luxembourg up to 30 years to claim damages in one of the Grand Duchy’s courts. …. (subscribers only) https://luxtimes.lu/luxembourg/40796-new-luxembourg-law-allows-claims-over-nuclear-accidents
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Torture would await Assange in the US prison system
From the frying pan into the fire. The torture that awaits Julian Assange in the US.https://www.thecanary.co/uk/analysis/2020/05/10/from-the-frying-pan-into-the-fire-the-torture-that-awaits-julian-assange-in-the-us/
Tom Coburg 10th May 2020 WikiLeaks founder Julian Assange is currently held in Belmarsh prison awaiting hearings that could see him extradited to the US to face prosecution for alleged espionage-related offences.
Award-winning US journalist Chris Hedges described the torture that would await Assange in the US prison system, adding “they will attempt to psychologically destroy him”. If extradited, Assange would likely be detained in accordance with ‘Special Administrative Measures’ (SAMs). One report equates this to a regime of sensory deprivation and social isolation that may amount to torture.
Journalists speak out
US journalist Chris Hedges spoke about the treatment Assange is likely to receive in the US. He argues that the US authorities will “psychologically destroy him” and that conditions imposed could see him turned into a ‘zombie’ to face life without parole:
Australian journalist John Pilger agrees:
If Julian is extradited to the US, a darkness awaits him. He’ll be subjected to a prison regime called special administrative measures… He will be placed in a cage in the bowels of a supermax prison, a hellhole. He will be cut off from all contact with the rest of humanity.
From the frying pan…
Assange is already in a precarious position, alongside all other UK prisoners. Belmarsh is a high-security Category A facility and, as with all other prisons in the UK, inmates there are at risk to infection from coronavirus (Covid-19).
On 28 April, the BBC reported that there were “1,783 “possible/probable” cases of coronavirus – on top of 304 confirmed infections across jails in England and Wales”. Also that there were “75 different “custodial institutions”, with 35 inmates treated in hospital and 15 deaths”.
Vaughan Smith, who stood bail for Assange, reported that the virus was “ripping through” Belmarsh:
We know of two Covid-19 deaths in Belmarsh so far, though the Department of Justice have admitted to only one death. Julian told me that there have been more and that the virus is ripping through the prison.
Assange has a known chronic lung condition, which could lead to death should he become infected with coronavirus. Assange’s lawyers requested he is released on bail to avoid succumbing to the virus, but that request was rejected.
As for the psychological effects of segregation, a European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment report argued that it can “can have an extremely damaging effect on the mental, somatic and social health of those concerned”.
…and into the fire
It’s likely that Assange will be placed under SAMs if he is extradited to the US. The Darkest Corner, a report authored by the Allard K. Lowenstein International Human Rights Clinic and The Center for Constitutional Rights, describes how SAMs work.
In its summary, the report explains that:
SAMs are the darkest corner of the U.S. federal prison system, combining the brutality and isolation of maximum security units with additional restrictions that deny individuals almost any connection to the human world. Those restrictions include gag orders on prisoners, their family members, and their attorneys, effectively shielding this extreme use of government power from public view.
It continues:
SAMs deny prisoners the narrow avenues of indirect communication – through sink drains or air vents – available to prisoners in solitary confinement. They prohibit social contact with anyone except for a few immediate family members, and heavily regulate even those contacts. And they further prohibit prisoners from connecting to the social world via current media and news, limiting prisoners’ access to information to outdated, government-approved materials. Even a prisoner’s communications with his lawyer – which are supposed to be protected by attorney-client privilege – can be subject to monitoring by the FBI.
It ominously adds that: “Many prisoners remain under these conditions indefinitely, for years or in some cases even decades”. Moreover, these conditions can be used as a weapon to force a prisoner to plead guilty:
In numerous cases, the Attorney General recommends lifting SAMs after the defendant pleads guilty. This practice erodes defendants’ presumption of innocence and serves as a tool to coerce them into cooperating with the government and pleading guilty.
The report provides further details on how SAMs incorporate sensory deprivation and social isolation measures that “may amount to torture”. Also, it argues that the SAMs regime contravenes both US and international laws.
ECHR article 3
Should the UK courts agree to extradite Assange, he could face months, if not decades, of psychological torture. However, Article 3 of the European Court of Human Rights states clearly: “No one shall be subjected to torture or to inhuman or degrading treatment or punishment”. Under that article, the US extradition request should be rejected by the UK courts.
For a publisher to be subjected to such a nightmare scenario would be intolerable.
Judge Puts Hold on Move to Drop Flynn Case
“Judge Puts Hold on Move to Drop Flynn Case more https://wordpress.com/read/feeds/4410547/posts/2701189215
By VOA News
May 12, 2020 11:53 PM
There is another stunning development in the case of President Donald Trump’s former National Security Adviser Michael Flynn.
The federal judge overseeing the case has put the Justice Department’s move to drop the criminal charges against Flynn on hold to give outside legal experts a chance to argue against the department’s decision.
Judge Emmet Sullivan said late Tuesday that “friends of the court” will be able to file briefs and that he will set up a time to hear those arguments “at the appropriate time.”
Sullivan could decide to call witnesses to testify and answer questions about the Justice Department’s extraordinary move last week to drop the charges against Flynn, and possibly reopen the entire case months before a presidential election.
Flynn pleaded guilty to charges of lying to the FBI about his talks with the Russian ambassador to the U.S. about easing U.S. sanctions during the transition period between the Obama and Trump administrations – a crime that carries a maximum five-year prison sentence.
The charges against Flynn were part of Special Counsel Robert Mueller’s investigation into Russian meddling in the 2016 presidential election.
Sullivan told Flynn at his 2018 sentencing that lying to the FBI was a “very serious offense.”
Flynn initially said he was guilty, that no one had talked him into admitting his crime and that he had no intention of taking back his plea.
But as his sentencing day approached, Flynn appealed to the court for a postponement, claiming that prosecutors set him up.
The Justice Department, led by Attorney General William Barr, shocked and angered the legal community last week when it said the case against Flynn should be dropped…
The decision opened the floodgates of criticism of Barr and the Justice Department that it is politically motivated and carrying out Trump’s wishes…
There has been no reaction to Sullivan’s decision so far from Barr or the White House. https://www.voanews.com/usa/us-politics/judge-puts-hold-move-drop-flynn-case http://archive.vn/7TiRw
A summary of Flynn’s Russia connections – showing why anyone who is sane would be suspicious of him.
https://miningawareness.wordpress.com/2020/05/08/general-michael-flynn-fired-from-the-dia-summary-2/
Alabama joins Kentucky, South Dakota and West Virginia to criminalize fossil fuel protests
In March, Kentucky, South Dakota and West Virginia passed laws restricting pipeline protests. Alabama is poised to become the fourth.
By Alexander C. Kaufman 10 May 20 Alabama lawmakers this week advanced legislation to add new criminal penalties to nonviolent protests against pipelines and other fossil fuel projects, setting a course to become the fourth state to enact such measures amid the chaos of the coronavirus pandemic.
Kentucky, South Dakota and West Virginia enacted similar measures in March, just as states started implementing lockdowns to contain the outbreak of COVID-19, the respiratory illness caused by the virus.
The Alabama Senate passed the bill on March 12, just befohe Alabama Senate passed the bill on March 12, just before state officials, alarmed at the spread of the virus, postponed legislative hearings for a month. When the capitol reopened in Montgomery on May 4, state Democrats remained in their home districts, but enough Republican lawmakers returned to restart work on the legislation. On Monday, the House version of the bill was introduced and referred to the committee that oversees utilities and infrastructure. Continue reading
$25 million settlement coming, over failed V.C. Summer nuclear project, with no SCANA admission of wrongdoing
Dominion Energy, which bought SCANA Corp. and South Carolina Electric & Gas in 2019, could soon reach a $25 million settlement with stock market regulators over the failed V.C. Summer nuclear project that the acquired businesses abandoned nearly three years ago.The proposed deal would allow Dominion to remove itself from a high-profile civil case that the U.S. Securities and Exchange Commission filed in February. That lawsuit alleges that SCANA, the majority owner of the two partially built reactors in Fairfield County, “repeatedly deceived” investors and furthered a “historic” case of securities fraud. Dominion Energy South Carolina, the successor of SCE&G, was named in the lawsuit. Richmond, Va.-based Dominion inherited the company’s legal liability, along with all of SCE&G’s ratepayers in South Carolina, when it sealed its takeover of SCANA early last year. When the SEC filed the case in February, Dominion called the lawsuit a “disappointing development.” Since then, the utility giant has worked behind the scenes to cut a deal with the federal agency. The company announced the potential settlement with the SEC as part of a quarterly earnings report this week. Dominion’s leaders said they struck the $25 million deal with officials at the agency’s Division of Enforcement in April. The company emphasized the settlement would still need to be finalized by the SEC and a federal judge in South Carolina. According to Dominion, the deal would allow the company to settle the case without admitting any wrongdoing by SCANA over the course of the failed V.C. Summer expansion project. |
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NRC rejects contentions raised by Beyond Nuclear and others against nuclear waste proposed site
Federal government rejects contentions to nuclear waste site near Carlsbad and Hobbs https://www.abqjournal.com/1450836/federal-government-rejects-contentions-to-nuclear-waste-site-near-carlsbad-and-hobbs.html BY ADRIAN HEDDEN / CARLSBAD CURRENT-ARGUS, N.M. (TNS) Monday, May 4th, 2020 A proposed nuclear waste repository near Carlsbad and Hobbs proceeded through the federal licensing process despite protests from environmental groups who questioned the legality of the project.
Holtec International applied to the Nuclear Regulatory Commission (NRC) for a license to build and operate a facility that would temporarily store spent nuclear fuel rods in a remote location of southeast New Mexico while a permanent repository is developed.
The consolidated interim storage facility was challenged by Beyond Nuclear and other organizations who questioned Holtec’s application for suggesting the U.S. Department of Energy could take ownership of the waste.
Opponents argued federal law prohibited the government from taking legal possession of spent nuclear fuel.
They also argued against Holtec’s plan to transport the waste via rail, potentially putting communities along the route at risk of exposure to radiation.
Kevin Kamps, radioactive waste specialist at Beyond Nuclear argued Holtec’s application was in violation of the federal Nuclear Waste Policy Act (NWPA), and the proposed temporary storage facility could become permanent as so such repository exists.
“(The NWPA) is 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.” Kamps said. “Congress knew, in passing the NWPA, that the only safe long-term strategy for care of irradiated reactor fuel is to place it in a permanent repository for deep geologic isolation.
Last year, the NRC’s Atomic Safety and Licensing Board rejected about 50 contentions raised by various organizations, citing their lack of standing or adequate factual basis.
And in an April 23 decision the NRC upheld several of the rejects on appeal as either being irrelevant to the licensing process or already addressed in the application itself.
A proposed new contention issued by Fasken Oil and Ranch, questioning if Holtec owned the mineral rights beneath the surface of the proposed site location was remanded by the NRC for further consideration, along with
Against contentions that the Holtec facility would require “illegal” contracting with the federal government to take ownership of the waste, the NRC contended the application assured regulators that Holtec “committed to not contract unlawfully with DOE.”
“Holtec envisions that its customers will either be nuclear plant operators or DOE, depending on which entity holds title to the spent nuclear fuel,” read the NRC report. “Holtec also acknowledged that it hopes Congress will change the law to allow DOE to enter into temporary storage contracts with Holtec.
“The Board concluded that Holtec seeks a license that would allow it to enter into lawful customer contracts today, but also permit it to enter into additional customer contracts if and when they become lawful in the future.”
While the NRC affirmed the Sierra Club’s standing in the proceedings, as some members of the organization live in close proximity to the proposed site, it found that Sierra Club’s contentions around the transportation of the waste and risk of an accident or release were unfounded.
The NRC contended that the National Environmental Policy Act (NEPA) does not require a “worst-case-scenario” analysis be conducted in issuing the license and that the Sierra Club presented “no expert opinion” to support its assertions on the danger of rail transportation.
Against arguments that the storage casks were flawed or insufficient to hold the waste safely, the NRC upheld that Holtec’s HI-STORM UMAX system that it would use at the facility was already federally certified and cannot be questioned in the proceedings unless a rule waiver was granted.
No such waiver was granted at the time of the NRC’s recent decision.
“Because certified designs are incorporated into our regulations, they may not be attacked in an adjudicatory proceeding except when authorized by a rule waiver,” the report read.
“A contention cannot attack a certified design without a rule waiver because this would challenge matters already fully considered and resolved in the design certification review.”
See what others are reading in Carlsbad news:
Mindy Goldstein, a lawyer from Beyond Nuclear said the NRC’s denial of the appeals was illegal as it contemplated the hope that the law would change to allow the DOE to take title to the waste but was still contrary to present law.
“The NRC’s decision flagrantly violates the federal Administrative Procedure Act (APA), which prohibits an agency from acting contrary to the law as issued by Congress and signed by the President,” she said.
“The Commission lacks a legal or logical basis for its rationale that the illegal provisions could be ignored in favor of other provisions that are legal, or that an illegal license could be issued in ‘hopes’ that the law might change in the future.”
Adrian Hedden can be reached at 575-628-5516, achedden@currentargus.com or @AdrianHedden on Twitter.
Beyond Nuclear opposes Holtec nuclear waste plan: the Nuclear Regulatory Commission is not above the law
Group Plans To Fight Effort To Build Nuclear Waste Dump In New Mexico https://www.krwg.org/post/group-plans-fight-effort-build-nuclear-waste-dump-new-mexico
Beyond Nuclear has challenged the NRC’s authority to approve Holtec’s license application because it contemplates that the U.S. Department of Energy (DOE) may become the owner of the irradiated reactor fuel. The federal Nuclear Waste Policy Act (NWPA) prohibits federal ownership of spent fuel, however, unless and until a federal repository for permanent disposal is operating.
The NRC Commissioners acknowledged that Federal law prohibits federally-sponsored storage of irradiated reactor fuel unless and until a repository for permanent disposal is in operation. Nevertheless the NRC threw out Beyond Nuclear’s legal challenge to the project on the ground that Holtec could be depended on not to implement the unlawful provision if the license were granted.
The Commissioners’ decision affirms an earlier ruling by the NRC’s Atomic Safety and Licensing Board that the storage facility may be licensed despite the illegal license terms contemplating federal ownership of the irradiated fuel. The Licensing Board accepted arguments by Holtec and the NRC’s technical staff that the license containing illegal provisions could be approved as long as it also contained a provision that would allow private ownership of the spent fuel.
Mindy Goldstein, a lawyer for Beyond Nuclear, stated, “the NRC’s decision flagrantly violates the federal Administrative Procedure Act (APA), which prohibits an agency from acting contrary to the law as issued by Congress and signed by the President.” Goldstein also stated that “the Commission lacks a legal or logical basis for its rationale that the illegal provisions could be ignored in favor of other provisions that are legal, or that an illegal license could be issued in ‘hopes’ that the law might change in the future. The APA gives the NRC no excuse to ignore the mandates of federal law.”
Diane Curran, also a lawyer for Beyond Nuclear, said the group will pursue a federal court appeal of the NRC decision. “Our claim is simple,” she declared. “The NRC is not above the law.”
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.” According to Kamps, “Congress knew, in passing the NWPA, that the only safe long-term strategy for care of irradiated reactor fuel is to place it in a permanent repository for deep geologic isolation.
Congress acted wisely in refusing to allow nuclear reactor licensees to transfer ownership of their irradiated reactor fuel to the DOE until a repository was up and running. The carefully crafted Nuclear Waste Policy Act thus protects a state like New Mexico from being railroaded 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.”
Kamps added: “A deep geologic repository for permanent disposal should meet a long list of stringent criteria. These include legality, environmental justice, consent-based siting, scientific suitability, mitigation of transport risks, regional equity, intergenerational equity, and non-proliferation, including a ban on reprocessing. This is why a coalition of more than a thousand environmental, environmental justice, and public interest organizations, representing all 50 states, have opposed the Yucca Mountain dump targeted at Western Shoshone Indian land in Nevada for 33 years.”
“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 the NRC Commissioners’ bad ruling to the federal court,” Kamps added.
Beyond Nuclear is a 501(c)(3) nonprofit membership organization. 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.
1 This Month
Tell the Ukrainian Government to Drop Prosecution of Peace Activist Yurii Sheliazhenko
Petition to revoke the licensing of the Near Surface Nuclear Disposal Facility (NSDF) at Chalk River. https://www.ourcommons.ca/petitions/en/Petition/Details?Petition=e-7247
of the week – STOP SMALL MODULAR REACTORS IN CANADA
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