nuclear-news

The News That Matters about the Nuclear Industry Fukushima Chernobyl Mayak Three Mile Island Atomic Testing Radiation Isotope

  • Home
  • 1 This Month
  • ACTION !
  • Disclaimer
  • Links
  • PAGES on NUCLEAR ISSUES

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

June 6, 2020 Posted by Christina Macpherson | Legal, USA | Leave a comment

Assange too sick to attend the very unjust process of the UK extradition hearings

Monica Del Mestre 3 June 20
1. It is extremely concerning that Assange has not been well enough to attend the past several hearings, even remotely. Yet proceedings continue as if this has nothing to do with him – not dissimilar to when he couldn’t follow properly from the glass dock in Woolwich Crown Court.

2. 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

June 4, 2020 Posted by Christina Macpherson | civil liberties, Legal, UK | Leave a comment

France goes back to its restrictive nuclear compensation law affecting Polynesian nuclear test survivors

French legislature resets tighter nuclear compensation law,  https://www.rnz.co.nz/international/pacific-news/418189/french-legislature-resets-tighter-nuclear-compensation-law    The French legislature has again tightened the law for those seeking compensation for ill health because of the nuclear weapons tests in French Polynesia.

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.

June 4, 2020 Posted by Christina Macpherson | France, Legal, OCEANIA | Leave a comment

Court set-back to France’s EDF nuclear supply contracts

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)

May 27, 2020 Posted by Christina Macpherson | business and costs, France, Legal | Leave a comment

New Luxembourg law allows claims over nuclear accidents

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

May 27, 2020 Posted by Christina Macpherson | EUROPE, legal | Leave a comment

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.

May 14, 2020 Posted by Christina Macpherson | civil liberties, Legal, politics international, UK, USA | Leave a comment

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/

May 14, 2020 Posted by Christina Macpherson | Legal, USA | Leave a comment

Alabama joins Kentucky, South Dakota and West Virginia to criminalize fossil fuel protests

the Alabama legislation is the most concerning, Gibson said. “It’s pretty cynical,” he said. “It’s a combination of deterrent against would-be protesters and revenge insurance if anyone dares engage in nonviolent direct action against pipelines or polluting facilities.”
Yet Another State Quietly Moves To Criminalize Fossil Fuel Protests Amid Coronavirus   https://www.huffingtonpost.com.au/entry/alabama-fossil-fuel-pipeline-protest-criminalize_n_5eb590b4c5b6197b8461d550?ri18n=true&ncid=engmodushpmg00000004  

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.

The bill would designate virtually any oil, gas or coal equipment or facilities in the state as “critical infrastructure” and severely prohibit where aerial drones that watchdog groups depend on to track pollution can fly. The legislation would make any action that “interrupts or interferes” with pipelines, storage depots or refineries a Class C felony, punishable with at least one year in prison and up to $15,000 in fines.

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 →

May 11, 2020 Posted by Christina Macpherson | civil liberties, climate change, Legal, politics, USA | Leave a comment

$25 million settlement coming, over failed V.C. Summer nuclear project, with no SCANA admission of wrongdoing

      • Dominion close to settling case with securities regulators over SC nuclear project

    https://www.postandcourier.com/business/dominion-close-to-settling-case-with-securities-regulators-over-sc-nuclear-project/article_9a4244fa-9148-11ea-8762-87d6c73e0964.html   By Andrew Brown abrown@postandcourier.com  May 8, 2020

 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.

May 11, 2020 Posted by Christina Macpherson | Legal, USA | Leave a comment

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.

May 5, 2020 Posted by Christina Macpherson | Legal, USA | Leave a comment

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

By BEYOND NUCLEAR • APR 28, 2020  Commentary: In an astounding ruling on April 23, 2020, the four-member U.S. Nuclear Regulatory Commission (NRC) acknowledged that an application by Holtec International/Eddy-Lea [Counties] Energy Alliance to store a massive quantity of highly radioactive irradiated nuclear fuel in southeastern New Mexico violates federal law – and yet ruled that the unlawful provisions of the license application could be ignored and would not bar approval.

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.

April 30, 2020 Posted by Christina Macpherson | legal, opposition to nuclear, USA | Leave a comment

Federal appeals court dismisses case against GE over Fukushima nuclear disaster

Federal appeals court dismisses case against GE over Fukushima nuclear disaster, Jurist

APRIL 28, 2020 Andrew Hursh

The US Court of Appeals for the First Circuit affirmed the dismissal of a lawsuit by numerous Japanese individuals and business who hoped to sue General Electric (GE) over its role in building and maintaining the reactors that exploded in the 2011 disaster at the Fukushima nuclear power plant in Japan.

The Japanese plaintiffs had sued the company in federal court in Massachusetts, and they contended that this was the appropriate forum because Japanese laws that governed liability for the disaster precluded them from recovering damages from GE if they sued in Japan. The district court, however, dismissed the case last April on the grounds of “forum non conveniens,” holding that Japan, not US federal court, is the adequate forum for the plaintiffs to recover for their losses. The plaintiffs appealed and argued in the First Circuit that the district court incorrectly assessed the adequacy of their legal relief in Japan, but the appeals court disagreed, stating on Friday that they agreed with the lower court and, on a couple of points, that they “have little difficulty concluding that the district court did not abuse its discretion.”

Compensation for the Fukushima disaster in Japan is covered by a 1961 law addressing nuclear damages—the Compensation Act. The Compensation Act creates a complex scheme with several ways for injured parties to recover, and it ultimately places all liability for Fukushima in the Tokyo Electric Power Company (TEPCO) that operated the plant. The plaintiffs in the lawsuit against GE, as well as millions of others, had recovered money from TEPCO in Japan through lawsuits, claims directly to the company, and mediated processes. But the plaintiffs in this case also wanted to recover money from GE, which had built, designed or maintained all the reactors at Fukushima, and, according to the plaintiffs, were responsible for some of what went wrong there during the tsunami in 2011. The plaintiffs sued in Massachusetts because GE is headquartered there.

GE argued, however, that the case should be dismissed because an adequate forum exists in Japan and that practical considerations favor litigating there. GE noted that it was available to be served process in Japan and subject to jurisdiction there. ….. https://www.jurist.org/news/2020/04/federal-appeals-court-dismisses-case-against-ge-over-fukushima-nuclear-disaster/

April 30, 2020 Posted by Christina Macpherson | Legal, USA | Leave a comment

Impacts of coronavirus on the technical, financial and legal mess that is the Vogtle nuclear project in Georgia, USA

Work continues on Georgia nuclear reactors as coronavirus hits, The Bond Buyer, By Shelly Sigo

   April 15, 2020, Construction continues on new nuclear reactors in Georgia as COVID-19 impacts workers, and as a Florida city tries in court to vacate its contract with a public power agency that has a stake in the nuclear project.

Georgia Power Co., the investor owned utility heading up construction, reports that 35 employees have tested positive for the novel coronavirus that causes COVID-19, which has killed more than 26,000 people in the United States since late February.

More than 9,000 workers are on site at Plant Vogtle in Waynesboro, Georgia, about 25 miles from Augusta. GPC owns 45.7% of the reactor project, while three public power agencies have a majority stake and combined ownership of 54.3%. ……

The Georgia Department of Health reported 14,987 positive cases of the virus, 552 deaths, and 2,922 hospitalizations across the state Wednesday…..

The impacts from the virus “could disrupt or delay construction, testing, supervisory and support activities at Plant Vogtle Units 3 and 4,” the notice said. “It is too early to determine what impact, if any, the COVID-19 outbreak will have on the current construction schedule or budget for Plant Vogtle Units 3 and 4,” the notice concluded.

With the onslaught of the coronavirus pandemic, S&P Global Ratings revised the North America regulated utility industry outlook to negative from stable on April 2. Southern’s A-minus long-term rating was placed on creditwatch negative, though it already had a negative outlook due to the Vogtle project’s construction and financial risks…..

While GPC is overseeing construction and owns a minority stake in the nearly $30 billion project, three public power agencies hold a majority interest. Those are Oglethorpe Power Corp. with 30%, Municipal Electric Authority of Georgia (or MEAG Power) with 22.7% and Dalton Utilities with 1.6% of the ownership.

MEAG remains locked in a federal lawsuit with the city of Jacksonville, Florida, and its utility, JEA.

JEA has a 20-year, take-or-pay power purchase agreement to pay debt service on a portion of bonds MEAG issued to finance part of its stake in the Vogtle project.

Under the agreement, JEA is paying 41% of MEAG’s cost to finance the new reactors, and will also receive power from the units when completed.

In a limited public offering memorandum last year, MEAG said the capital requirements for JEA’s PPA were estimated at about $2.9 billion, most of which were financed with $2.004 billion of long-term Project J bonds and $575.7 million of U.S Department of Energy loan guarantees. As project costs rose, JEA and MEAG sued each other in September 2018 over the PPA, with JEA and Jacksonville contending that the agreement was improperly approved and should be vacated.

The legal challenge landed in the Atlanta Division of the United States District Court Northern District of Georgia. In December, MEAG filed a motion for a declaratory judgment in an attempt to enforce the PPA.

JEA opposed MEAG’s motion and filed its own for a declaratory judgment stating, in part, that neither JEA nor the city can be bound by Georgia’s bond validation proceedings……..

In other arguments in the case, JEA and Jacksonville have cited increased costs from the delayed nuclear reactors, most of which occurred when the first primary contractor, Westinghouse, filed for bankruptcy. After that, GPC and the public utilities sharing costs in the project voted to continue construction.

JEA said it complained about what it considers a subsequent “new uncapped cost-plus construction contract.”…… https://www.bondbuyer.com/news/work-continues-on-georgia-nuclear-reactors-as-coronavirus-hits

April 16, 2020 Posted by Christina Macpherson | business and costs, health, Legal, secrets,lies and civil liberties, USA | Leave a comment

Finally, they might investigate America’s most fatal nuclear submarine disaster

CTY Pisces – Photos of a Japanese midget submarine that was sunk off Pearl Harbor on the day of the attack. There’s a hole at the base of the conning tower where an artillery shell penetrated the hull, sinking the sub and killing the crew. Photos courtesy of Terry Kerby, Hawaii Undersea Research Laboratory. August 2003.

Fifty-Seven Years Later: America’s Worst Nuclear Submarine Disaster  https://www.lawfareblog.com/fifty-seven-years-later-americas-worst-nuclear-submarine-disaster, By Robert Eatinger,  Friday, April 10, 2020, Fifty-seven years ago today, America suffered its first, and in terms of fatalities its worst, loss of a nuclear-powered submarine. Yet, much of the information about that disaster and the Navy’s subsequent investigation has remained outside of public view. That may change this year.
On April 10, 1963, the nuclear-powered fast attack submarine USS Thresher (SSN 593), the first of a new class of submarine, was lost at sea when it sank while conducting a deep dive test some 220 miles east of Cape Cod. All 129 crew members and civilians on the Thresher perished with her. Later that day, the commander in chief of the United States Atlantic Fleet ordered a court of inquiry to investigate Thresher’s sinking. The court of inquiry issued its report in June 1963 but was unable to determine what caused Thresher to sink. The court of inquiry did opine, however, that a flooding casualty in the Thresher’s engine room was the most probable cause of Thresher’s sinking. The court of inquiry encouraged further study.
Over a half-century later, very little of the record of the court of inquiry has been publicly released even though the Navy undertook a declassification review of the records in April 1998 with a stated purpose to declassify and release information from these records to the public “whenever possible.” That review came to naught when in February 2012, after up to 75 percent of the records had been declassified, the Navy changed course, deciding it would not make a public release of the records. Instead, the Navy said the records were “available for public release through” a Freedom of Information Act (FOIA) request.
Last year, retired Navy Captain James Bryant, who had commanded a Thresher-class submarine in the 1980s, learned that Arlington National Cemetery planned a September 2019 dedication ceremony for a memorial to the 129 lives lost with the Thresher. As a result, Bryant, who now investigates, lectures and writes about the loss of the Thresher and the accuracy of the investigating court of inquiry, submitted a FOIA request in April 2019 to the Navy for records about the loss of the Thresher, specifically including the record of the court of inquiry. He requested expedited processing, hoping the Navy might release the records before the Thresher memorial’s dedication ceremony. In July 2019, after exhausting his administrative appeals, Bryant filed a FOIA lawsuit.

In February this year, Judge Trevor N. McFadden of the U.S. District Court for the District of Columbia ordered the Navy to review 300 pages of documents a month starting April 30 and by the end of every month thereafter, and to begin rolling productions of documents starting on or before May 15 and every month thereafter.

Therefore, during this 57th anniversary year of the Thresher’s sinking, the American public, including the families of the 129 men who lost their lives, may finally begin to see the Navy’s documents on the loss of the Thresher and the record of the court of inquiry that investigated that loss. How much of the information in these documents the Navy will choose to release is a separate matter. The Navy may continue to keep as much information as possible from the public as allowed by law, may use its discretionary authority to release as much information as possible to the public, or may take an approach somewhere in between. What one can say with some degree of confidence, however, is that some amount of these records will be released in full or with redactions before the 58th anniversary of the loss of the USS Thresher.

April 11, 2020 Posted by Christina Macpherson | incidents, Legal, Reference, secrets,lies and civil liberties, USA | Leave a comment

Expert opinion recommends furloughing Britain’s Trident nuclear weapons

Nuclear weapons law expert suggests furloughing Trident  https://www.irishlegal.com/article/nuclear-weapons-law-expert-suggests-furloughing-trident 3 April 2020   A legal expert on nuclear weapons has joined calls for the UK government to rethink keeping Trident submarines at sea during the coronavirus pandemic.Professor Nick Grief of Kent Law School is among a group of signatories to a letter questioning whether the cost of keeping the nuclear weapons system on “continuous at sea deterrent patrol” is justifiable during the COVID-19 outbreak.

Other signatories to the letter, circulated to parliamentarians across the UK, include three former Royal Navy commanders, SNP Westminster leader Ian Blackford, academics and peace campaigners.

The signatories have said they hope the letter will encourage politicians and the wider public to begin to question the morality and the feasibility of nuclear weaponry.

It states: “The increasing cost of coronavirus will require decades to recover. Meanwhile, the UK’s Trident nuclear weapon system remains on continuous at sea deterrent patrol costing some £2 billion a year and using scarce military assets to protect the on-patrol submarine.”

The letter also raises concerns about “the morale of the submarine crew on patrol” during the pandemic, as well as “their own state of health and exposure to the virus”.

It concludes: “In these circumstances, and lacking any foreseeable threat of a ‘bolt from the blue’ nuclear weapon attack on the UK, is it appropriate for the government to continue spending billions of pounds on continuous at sea deterrent, as well as building new nuclear warheads and the submarines to carry them?”

April 4, 2020 Posted by Christina Macpherson | Legal, UK, weapons and war | Leave a comment

« Previous Entries     Next Entries »

1 This Month

​To see nuclear-related stories in greater depth and intensity – go to https://nuclearinformation.wordpress.com

  • Categories

    • 1
      • Arclight's Vision
    • 1 NUCLEAR ISSUES
      • business and costs
        • employment
        • marketing
      • climate change
      • culture and arts
      • ENERGY
        • renewable
          • decentralised
          • energy storage
      • environment
        • oceans
        • water
      • health
        • children
        • psychology – mental health
        • radiation
        • social effects
        • women
      • history
      • indigenous issues
      • Legal
        • deaths by radiation
        • legal
      • marketing of nuclear
      • media
        • investigative journalism
        • Wikileaks
      • opposition to nuclear
      • PERSONAL STORIES
      • politics
        • psychology and culture
          • Trump – personality
        • public opinion
        • USA election 2024
        • USA elections 2016
      • politics international
      • Religion and ethics
      • safety
        • incidents
      • secrets,lies and civil liberties
        • civil liberties
      • spinbuster
        • Education
      • technology
        • reprocessing
        • Small Modular Nuclear Reactors
        • space travel
      • Uranium
      • wastes
        • – plutonium
        • decommission reactor
      • weapons and war
        • Atrocities
        • depleted uranium
      • Women
    • 2 WORLD
      • ANTARCTICA
      • ARCTIC
      • ASIA
        • Burma
        • China
        • India
        • Indonesia
        • Japan
          • – Fukushima 2011
          • Fukushima 2012
          • Fukushima 2013
          • Fukushima 2014
          • Fukushima 2015
          • Fukushima 2016
          • Fukushima continuing
        • Malaysia
        • Mongolia
        • North Korea
        • Pakistan
        • South Korea
        • Taiwan
        • Turkey
        • Vietnam
      • EUROPE
        • Belarus
        • Bulgaria
        • Denmark
        • Finland
        • France
        • Germany
        • Greece
        • Ireland
        • Italy
        • Kazakhstan
        • Kyrgyzstan
        • Russia
        • Spain
        • Sweden
        • Switzerland
        • UK
        • Ukraine
      • MIDDLE EAST
        • Afghanistan
        • Egypt
        • Gaza
        • Iran
        • Iraq
        • Israel
        • Jordan
        • Libya
        • Saudi Arabia
        • Syria
        • Turkey
        • United Arab Emirates
      • NORTH AMERICA
        • Canada
        • USA
          • election USA 2020
      • OCEANIA
        • New Zealand
        • Philippines
      • SOUTH AMERICA
        • Brazil
    • ACTION
    • AFRICA
      • Kenya
      • Malawi
      • Mali
      • Namibia
      • Niger
      • Nigeria
      • Somalia
      • South Africa
    • Atrocities
    • AUSTRALIA
    • Christina's notes
    • Christina's themes
    • culture and arts
    • Events
    • Fuk 2022
    • Fuk 2023
    • Fukushima 2017
    • Fukushima 2018
    • fukushima 2019
    • Fukushima 2020
    • Fukushima 2021
    • general
    • global warming
    • Humour (God we need it)
    • Nuclear
    • RARE EARTHS
      • thorium
    • Reference
      • Reference archives
    • resources – print
    • Resources -audiovicual
    • Weekly Newsletter
    • World
    • World Nuclear
    • YouTube
  • Pages

    • 1 This Month
    • ACTION !
    • Disclaimer
    • Links
    • PAGES on NUCLEAR ISSUES
      • audio-visual news
      • Anti Nuclear, Clean Energy Movement
        • Anti Nuclear movement – a success story
          • – 2013 – the struggle for a nuclear-free, liveable world
          • – 2013: the battle to expose nuclear lies about ionising radiation
            • Speakers at Fukushima Symposium March 2013
            • Symposium 2013 Ian Fairlie
      • Civil Liberties
        • – Civil liberties – China and USA
      • Climate change
      • Climate Change
      • Economics
        • – Employment
        • – Marketing nuclear power
        • – Marketing Nuclear Power Internationally
        • nuclear ‘renaissance’?
        • Nuclear energy – the sick man of the corporate world
      • Energy
        • – Solar energy
      • Environment
        • – Nuclear Power and the Tragedy of the Commons
        • – Water
      • Health
        • Birth Defects in the Chernobyl Radiation Affected Region.
      • History
        • Nuclear History – the forgotten disasters
      • Indigenous issues
      • Ionising radiation
        • – Ionising radiation – medical
        • Fukushima FACT SHEET
      • Media
        • Nuclear Power and Media 2012
      • Nuclear Power and the Consumer Society – theme for December 2012
      • Peace and nuclear disarmament
        • Peace on a Nuclear Free Earth
      • Politics
        • – Politics USA
      • Public opinion
      • Religion and ethics
        • -Ethics of nuclear power
      • Resources – print
      • Safety
      • Secrets and lies
        • – NUCLEAR LIES – theme for January 2012
        • – Nuclear Secrets and Lies
      • Spinbuster
        • 2013 nuclear spin – all about FEAR -theme for June
        • Spinbuster 1
      • Technology
        • TECHNOLOGY Challenges
      • Wastes
        • NUCLEAR WASTES – theme for October 2012
        • – Plutonium
      • Weapons and war
      • Women
  • Archives

    • September 2026 (194)
    • August 2026 (330)
    • July 2026 (355)
    • June 2026 (287)
    • May 2026 (306)
    • April 2026 (356)
    • March 2026 (251)
    • February 2026 (267)
    • January 2026 (308)
    • December 2025 (358)
    • November 2025 (359)
    • October 2025 (375)
  • Categories

    • 1
      • Arclight's Vision
    • 1 NUCLEAR ISSUES
      • business and costs
        • employment
        • marketing
      • climate change
      • culture and arts
      • ENERGY
        • renewable
          • decentralised
          • energy storage
      • environment
        • oceans
        • water
      • health
        • children
        • psychology – mental health
        • radiation
        • social effects
        • women
      • history
      • indigenous issues
      • Legal
        • deaths by radiation
        • legal
      • marketing of nuclear
      • media
        • investigative journalism
        • Wikileaks
      • opposition to nuclear
      • PERSONAL STORIES
      • politics
        • psychology and culture
          • Trump – personality
        • public opinion
        • USA election 2024
        • USA elections 2016
      • politics international
      • Religion and ethics
      • safety
        • incidents
      • secrets,lies and civil liberties
        • civil liberties
      • spinbuster
        • Education
      • technology
        • reprocessing
        • Small Modular Nuclear Reactors
        • space travel
      • Uranium
      • wastes
        • – plutonium
        • decommission reactor
      • weapons and war
        • Atrocities
        • depleted uranium
      • Women
    • 2 WORLD
      • ANTARCTICA
      • ARCTIC
      • ASIA
        • Burma
        • China
        • India
        • Indonesia
        • Japan
          • – Fukushima 2011
          • Fukushima 2012
          • Fukushima 2013
          • Fukushima 2014
          • Fukushima 2015
          • Fukushima 2016
          • Fukushima continuing
        • Malaysia
        • Mongolia
        • North Korea
        • Pakistan
        • South Korea
        • Taiwan
        • Turkey
        • Vietnam
      • EUROPE
        • Belarus
        • Bulgaria
        • Denmark
        • Finland
        • France
        • Germany
        • Greece
        • Ireland
        • Italy
        • Kazakhstan
        • Kyrgyzstan
        • Russia
        • Spain
        • Sweden
        • Switzerland
        • UK
        • Ukraine
      • MIDDLE EAST
        • Afghanistan
        • Egypt
        • Gaza
        • Iran
        • Iraq
        • Israel
        • Jordan
        • Libya
        • Saudi Arabia
        • Syria
        • Turkey
        • United Arab Emirates
      • NORTH AMERICA
        • Canada
        • USA
          • election USA 2020
      • OCEANIA
        • New Zealand
        • Philippines
      • SOUTH AMERICA
        • Brazil
    • ACTION
    • AFRICA
      • Kenya
      • Malawi
      • Mali
      • Namibia
      • Niger
      • Nigeria
      • Somalia
      • South Africa
    • Atrocities
    • AUSTRALIA
    • Christina's notes
    • Christina's themes
    • culture and arts
    • Events
    • Fuk 2022
    • Fuk 2023
    • Fukushima 2017
    • Fukushima 2018
    • fukushima 2019
    • Fukushima 2020
    • Fukushima 2021
    • general
    • global warming
    • Humour (God we need it)
    • Nuclear
    • RARE EARTHS
      • thorium
    • Reference
      • Reference archives
    • resources – print
    • Resources -audiovicual
    • Weekly Newsletter
    • World
    • World Nuclear
    • YouTube
  • RSS

    Entries RSS
    Comments RSS

Site info

nuclear-news
Blog at WordPress.com.
Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.
To find out more, including how to control cookies, see here: Cookie Policy
  • Subscribe Subscribed
    • nuclear-news
    • Join 2,062 other subscribers
    • Already have a WordPress.com account? Log in now.
    • nuclear-news
    • Subscribe Subscribed
    • Sign up
    • Log in
    • Report this content
    • View site in Reader
    • Manage subscriptions
    • Collapse this bar
Loading Comments...