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Legality of Holtec’s Interim Spent Fuel Repository Application Called Into Question

— Gina G. Scala, Sandpaper, Feb 13, 2019, Opponents of an interim spent nuclear fuel repository proposed by Holtec International, the Camden-based company seeking to jump start the Oyster Creek Nuclear Generating Station decommissioning should a license transfer be granted by the feds, say the company is putting the cart before the horse when it comes to seeking approval for the southeast New Mexico site. In fact, Caroline Reiser, a fellow with Emory Law School’s Turner Environment Law Clinic who appeared on behalf of Beyond Nuclear at an Atomic Safety and Licensing Board legal proceeding last month, called the application illegal.

“This adjudicatory body does not have the authority to review a license application that is based on an illegal premise,” she said during the first day of a two-day legal proceeding on the application. “Although Holtec presents it as an alternative, the mere inclusion of the Department of Energy as an option to be responsible for spent nuclear fuel transported to and stored at the proposed facility is illegal.”

Citing the Nuclear Waste Policy Act, Reiser said the federal government cannot take title to privately produced spent nuclear fuel until a final repository is operational.

“The law is clear,” she said. “There is no dispute that no final repository is operational, let alone even licensed; thus Holtec’s application is based on an illegal presumption, and application should be dismissed.”

Indeed, the DOE unceremoniously rejected its own plans for a federal repository at Yucca Mountain in Nevada almost a decade ago. It was the same site the DOE selected in 2002 as its long-term solution for housing spent nuclear fuel from the nation’s commercial nuclear power plants as well as U.S. Navy reactors.

“The interim repositories are viewed as a storage bridge until a permanent repository is opened,” Neil Sheehan, Nuclear Regulatory Commission public information officer for Region 1, said recently. “At this point, it is not clear when, or if, that will occur.”

He said the federal agency isn’t actively reviewing the Yucca Mountain application because more funding to do so is needed.

“We need to conduct a hearing on the proposal,” Sheehan said.

In the meantime, Reiser said Holtec’s application attempts to skirt the issue of who may legally own nuclear waste it proposes to store.

“The Nuclear Waste Policy Act is Congress’ comprehensive scheme for the interim storage and permanent disposal of high-level radioactive waste generated by civilian nuclear power plants,” she said. “It is the result of brilliant and wise balancing on the part of Congress that establishes distinct responsibilities for the federal government and private generators regarding spent fuel with the ultimate goal that nuclear waste will end up underground in a permanent repository.”………..

Holtec and its opponents had until Feb. 11 to provide additional information for consideration. There is no time frame for a decision from the ASBL on the proceedings.

Three administrative judges from the NRC’s Atomic Safety and Licensing Board presided over the session. The board may hold adjudicative hearings on major licensing actions by the NRC, but is independent of the NRC staff. A board’s rulings may be appealed to the commission, a five-member board that sets NRC policy.

gscala@thesandpaper.net  https://thesandpaper.villagesoup.com/p/legality-of-holtecs-interim-spent-fuel-repository-application-called-into-question/1800897

February 16, 2019 Posted by | USA, wastes | Leave a comment

Nuclear Waste Handling Bill Under Scrutiny

 https://www.kxnet.com/news/minot-news/nuclear-waste-handling-bill-under-scrutiny/1776201036, By: Jim Olson  Feb 12, 2019   ND – A state Senate committee will continue discussions this week on a bill that spells out North Dakota’s regulation of nuclear waste storage.

February 16, 2019 Posted by | USA, wastes | Leave a comment

Mental health issues in Kimba, a small Australian agricultural town, because government plans a nuclear waste dump there

Nuclear waste site selection process triggers mental health concerns, business boycotts and division, FOI documents reveal, ABC North and West By Gary-Jon Lysaght  13 Feb 19, (FOI documents are attached on the original) Freedom of Information (FOI) documents reveal the Federal Government has been aware of potential mental health issues, from as early as 2017, caused by the search for a site to store the nation’s nuclear waste.The Federal Government is currently considering two sites at Kimba and one near Hawker for a facility that would permanently store low-level waste and temporarily store medium-level waste.

Kimba, a small town on South Australia’s Eyre Peninsula, has been divided on whether to support or oppose the facility. Some residents believe the facility could help bring much-needed business to the rural town, while others suggest it could damage the region’s agricultural reputation.

“Many of the opposed group have raised the issue of mental health in submissions and direct discussions,” the FOI documents, written in 2017, said.

They believe mental health issues are arising in Kimba due to the stress of being in this process.

“These issues have been raised with the Kimba doctor and counsellor.”

Centre Alliance Senator Rex Patrick obtained the Freedom of Information documents and hoped the concerns were a catalyst for change.

“In my view, that creates a very strong obligation for the Government to act,” he said.

“They’ve clearly known about this issue since 2017 and it is now time to ask the minister exactly what he is doing in relation to that.”……. https://www.abc.net.au/news/2019-02-13/foi-documents-show-kimba-divided-over-nuclear-waste-site/10807462

February 14, 2019 Posted by | AUSTRALIA, psychology - mental health, social effects, wastes | Leave a comment

UK government’s Radioactive Waste Management (RWM) looking for nuclear waste dump site in regions of England and Wales

Western Telegraph 12th Feb 2019 , RADIOACTIVE waste could one day be stored deep beneath the Pembrokeshire
countryside. Radioactive Waste Management (RWM) – set up by the government
– is on the look-out for a suitable site in which to dispose of radioactive
waste. England and Wales have been divided into sub-regions, three of which
include parts of Pembrokeshire, which could potentially house an
underground geological disposal facility (GDF). St Davids and its
surrounding coastline, up to North Wales, and an area starting at St Brides
Bay and leading south-east to Swansea are among the regions being assessed
for their suitability.
https://www.westerntelegraph.co.uk/news/17427410.pembrokeshire-is-on-the-list-of-potential-nuclear-waste-storage-sites/

February 14, 2019 Posted by | UK, wastes | Leave a comment

Californian company’s plan for deep burial of nuclear wastes , close to the point of production

Compelo 12 th Feb 2019 , California-based Deep Isolation claims to have the answer to the world’s
spent nuclear fuel problem, with more than 30 countries playing host to a
growing stockpile of radioactive waste. Based out of California, the
company has developed technology it claims can solve a problem its CEO
Elizabeth Muller argues is second only to climate change in terms of its
environmental severity. Capitalising on advances in drilling technology,
the solution involves storing the spent nuclear fuel in corrosion-resistant
canisters and placing them in drillholes deep beneath the earth at sites
near where the waste was produced so as to minimise costs.
https://www.compelo.com/energy/news/deep-isolation-spent-nuclear-fuel/

February 14, 2019 Posted by | USA, wastes | Leave a comment

Reclassifying nuclear wastes: Mayor of Richland, and Tri-City Development Council argue in favour of this

Update old definitions about nuclear waste to speed safe cleanup https://www.seattletimes.com/opinion/update-old-definitions-about-nuclear-waste-to-speed-safe-cleanup/ February 10, 2019 How can we expect to effectively address this problem if we aren’t even willing to accurately define it?   By Robert Thompson and Carl Adrian

The U.S. Department of Energy recently released new estimates for the cost of cleaning up the Hanford nuclear site in central Washington state. That number could now reach a staggering $677 billion, with active cleanup ending in the year 2079. Under this scenario the federal government would spend, on average, more than $11 billion dollars every year for 60 years.

As leaders in the Tri-Cities — the community closest to and most impacted by the Hanford site — we believe  that the United States simply must find a way to effectively address this problem at a price that taxpayers can afford. One clear step in the right direction is to begin managing the waste based on its actual contents and risks rather than an arbitrary definition developed decades ago.

To summarize, DOE is responsible for the cleanup of waste left over from decades of nuclear-weapons production, including approximately 53 million gallons in underground tanks at Hanford. Federal laws passed in 1954 and 1982 guide the agency’s management of this waste but do not clearly specify how the waste should be categorized. Rather than making a determination, the agency simply decided in the early 1980s to manage much of our nation’s defense nuclear waste as high-level, requiring the highest standards, regardless of the actual amount of radioactivity it contains or risk it poses.

DOE is now considering moving away from this well-intentioned, but overly costly and inaccurate approach. Instead of arbitrarily making decisions based solely on the origin of the waste, agency officials are proposing to manage this waste based on its actual physical characteristics. This is the same method that countries like France and Germany use to guide their waste-management decisions, and would bring the U.S. closer to international standards established by the International Atomic Energy Agency.

Why does this matter? A risk-based approach would allow DOE to manage, treat and dispose of defense waste in a manner that accurately reflects its contents and the potential risks it poses to human health and the environment. Doing so could reduce cleanup costs by tens of billions of dollars, and has the potential to significantly speed up remediation efforts at Hanford and elsewhere.

DOE has been accused of proposing this change in order to save money and shirk its responsibilities, but this new approach would not mean that the federal government can simply walk away from its cleanup obligations. The federal government has committed to many billions of dollars’ worth of remediation work at Hanford and elsewhere, and budget shortfalls mean that important cleanup projects often don’t get started soon enough, or take too long to complete.

Treating waste based on its actual contents would allow DOE to direct the resources they save toward other important cleanup efforts that would otherwise languish, potentially for years to come. It could also open up pathways to get some waste out of Washington state more quickly. These waste streams would otherwise remain at Hanford for many more years, or even permanently.

In their letter to DOE opposing this proposed change, Gov. Jay Inslee and Attorney General Bob Ferguson stated, “our communities deserve to be heard on this dangerous idea.” We find it frustrating that in this case the governor and AG aren’t listening to the community that is most directly impacted by Hanford cleanup.

We do not feel that it is a dangerous idea and, to the contrary, believe that it will allow other important cleanup work at the Hanford site to happen faster.

Ultimately, there is high-level defense nuclear waste at Hanford and elsewhere that does need to be treated and disposed of in a deep geological repository. It is some of the most challenging and expensive material that our country has to address. We should not, however, delay cleanup progress and waste taxpayer funds by unnecessarily managing lower-level waste, which scientists agree can be safely disposed at permitted sites, in the same manner. After all, how can we expect to effectively address this problem if we aren’t even willing to accurately define it?

The Tri-City community wants the Hanford site remediated as quickly and effectively as possible, but we see no need to make an already difficult job even harder. Our hope is for DOE to meaningfully engage with the appropriate regulatory bodies, including the Washington State Department of Ecology, to determine, in a technically justified manner, that more waste can be managed as low-level.

Importantly, this will require the state government and our elected officials to keep an open mind and make a genuine effort to reach a reasonable consensus. If they are successful, it will open the door for faster, less costly remediation outside of Washington state while still allowing the work to be accomplished safely and responsibly.

We can then turn our attention and resources to other high-priority cleanup efforts at Hanford, and we will all be better off for it.

Robert Thompson is mayor of the City of Richland, the city closest to the Hanford site.

Carl Adrian is president of the Tri-City Development Council, which has advocated for the Tri-Cities on Hanford-related matters since 1963.

February 12, 2019 Posted by | Reference, USA, wastes | Leave a comment

Likely areas of Wales to be targeted for nuclear waste dumping

Dumping England’s nuclear mud in Wales

most lethal nuclear waste

Here’s what the Government’s geologists had to say about the area in which you live, Wales Online By Nathan Bevan, 10 FEB 2019 

Meetings are to be held in Wales next month as part of the search for a site in which to bury the country’s most dangerous radioactive waste.

People in two areas – Swansea and Llandudno – are to be consulted as part of the Government-run Radioactive Waste Management’s hunt for “a willing host community” where the lethal stockpile can be buried hundreds of metres underground over decades to come.

There are also meetings in eight areas of England as the government hunts for a single location to bury the lethal waste.

The waste, which has been accumulating from nuclear power stations over the last 60 years, is to be transferred from specially-engineered containers where it is currently building up to a subterranean Geological Disposal Facility (GDF) where it can be left forever.

The government’s official line is that no location has been chosen and that any site will only be picked if a community is willing.

Experts at the RWM (a subsidiary of the Nuclear Decommissioning Authority) have been scouring Wales for suitable regions and this is what they have to say about the area in which you live:

1. North Wales offshore including the Vale of Clwyd……….

2. North Wales Coalfield, comprising Wrexham and north to Prestatyn…….

3. From St Brides Bay to the Severn Estuary, extending north to Welshpool……

4. 20 km offshore strip along the Bristol Channel – from Carmarthen Bay to Cardiff…..

5. Most of North Wales and West Wales – from  St Davids to Bangor……

6. Mostly offshore between St Davids and Caernarfon, with a small onshore area south of Harlech  ……. https://www.walesonline.co.uk/news/wales-news/parts-wales-being-looked-sites-15805907

February 11, 2019 Posted by | civil liberties, politics, UK, wastes | Leave a comment

UK radioactive trash for Northern Ireland? Newry is being considered

Newry is being considered as a possible location to store the UK’s nuclear refuse https://www.irishtimes.com/news/environment/british-nuclear-waste-facility-could-be-located-near-newry-1.3784563, Feb 7, 2019, Jack Power The Border town of Newry is being considered as a location to dispose of the United Kingdom’s nuclear waste, with research identifying the area as potentially suitable for an underground disposal facility.

February 11, 2019 Posted by | UK, wastes | Leave a comment

Gerry Adams of Sinn Fein warns about UK considering nuclear waste dumping in Northern Ireland

February 9, 2019 Posted by | UK, wastes | Leave a comment

Cost of USA’s cold war nuclear weapons waste clean-up now estimated at $377 Billion

February 7, 2019 Posted by | USA, wastes, weapons and war | Leave a comment

British plans for nuclear waste dumping in Norther Ireland go awfy

Irish News 5th Feb 2019 THE British government-owned company tasked with finding sites for disposing of radioactive waste has said it cannot progress any plans for a nuclear dump in Northern Ireland while Stormont is suspended. Radioactive
Waste Management (RWM) said the north is the “region least likely” to house
a nuclear waste disposal facility because the project requires the approval
of the devolved administration, as well as those living near a potential
site.

Concern about the company’s plans was triggered by an online video
showing prospective locations for a nuclear dump. The video shows Amy
Shelton, a senior research manager with RWM, outlining the geological
conditions that make certain areas suitable for the disposal of radioactive
waste.

The presentation, which divides the north into four geological areas
– or sub-regions – is similar to corresponding videos produced by RWM
that cover England and Wales. Scotland does not feature as its devolved
government adopted a policy of ‘near surface disposal’, according to RWM.

The video sparked a response from political representatives in south Down
after the granite-rich area around Newry was earmarked by Ms Shelton as a
potential location for a “geological disposal facility”. She said more work
was needed to establish whether conditions are suitable. But Sinn Féin MP
Chris Hazzard said any proposal to locate a site in parts of Co Down and Co
Armagh was “totally unacceptable”.

http://www.irishnews.com/news/northernirelandnews/2019/02/05/news/stormont-suspension-thwarts-nuclear-dump-proposals-1543803/

February 7, 2019 Posted by | UK, wastes | Leave a comment

Calls to make Calder Hall the first nuclear reactor in the UK to be decommissioned

Whitehaven News 5th Feb 2019 , CALLS are growing to make Calder Hall the first nuclear reactor in the UK
to be decommissioned. Nuclear officials say that if decommissioning is
delayed, the asbestos in the reactor will pose a risk to workers, while
maintenance costs will become ‘unsupportable’.

Council bosses are ramping up the pressure on the Government to fast-track the dismantling of the world’s oldest industrial-scale nuclear power station based at
Sellafield. The authority’s nuclear board will be asked today to delegate
authority to council chief executive Pat Graham and the nuclear
portfolio-holder councillor David Moore to develop a detailed case for
accelerated decommissioning.

Councillors agreed at the end of last year
that the UK’s first industrial-scale power station to be built should
also be the first to be cleaned up. Calder Hall is one of 11 reactor sites
around the country and the Nuclear Decommissioning Authority is now
reviewing the “timing and sequence” of its nationwide clean-up
operation.

At present the defuelling of Calder Hall is due to be finished
in 2019/20, and would not enter a care and maintenance (C&M) status until
2034. The argument for tackling the Sellafield-based reactor first includes
the continuing risk it poses to workers and the public. The report said:
“As the oldest Magnox reactor, the deterioration of the building fabric
and the potential for significant quantities of asbestos to be present pose
risk to workers. The cost borne by the taxpayer associated with maintaining
the building in a safe state for a long period of care and maintenance
could be significant and could increase over time to meet future regulatory
requirement.”

The report concludes that the reactor could deteriorate to
the point that the cost of keeping it compliant with environmental
regulations becomes “unsupportable”. The accelerated clean-up of Calder
Hall could also create jobs to offset some of the 3,000 “surplus roles”
expected at Sellafield over the next four to five years.
https://www.whitehavennews.co.uk/news/17410498.calls-to-make-calder-hall-first-nuclear-reactor-in-uk-to-be-decommissioned/

February 7, 2019 Posted by | decommission reactor, UK | Leave a comment

UK: The Nuclear Free Local Authorities (NFLA) calls for a more thorough plan for nuclear wastes and phaseout of nuclear power

NFLA 5th Feb 2019 The Nuclear Free Local Authorities (NFLA) publishes today its views on the proposed Scottish Nuclear Sector Plan document being consulted on by the Scottish Environmental Protection Agency (SEPA).

SEPA has been consulting
on its draft Nuclear Sector Plan with ‘considerable input’ from the
nuclear industry. The plan is SEPA’s vision of how regulations will be
enforced to ensure that the nuclear industry is fully compliant with its
environmental obligations and is encouraged to go beyond compliance with
environmental regulations to ensure that environmental impacts are
minimised. SEPA has asked for public comments on its draft plan. SEPA says
its draft plan is ‘ambitious’.

 

The Nuclear Free Local Authorities
(NFLA) rather thinks it should be much more ambitious, recognising that
nuclear power has no medium or long-term place in a sustainable economy,
and that the ‘nuclear waste hierarchy’ should be re-thought to maximise
the protection of the public. The NFLA Scottish Forum has also decided to
respond to SEPA’s consultation by publishing within it its own vision of
a Scotland where nuclear power generation is phased out and the wastes
remaining are managed according to a clear set of environmental principles.
ttp://www.nuclearpolicy.info/news/nfla-views-sepa-scottish-nuclear-sector-plan-decommissioning-nuclear-phase-out-alternative-energy-vision/

February 7, 2019 Posted by | politics, UK, wastes | Leave a comment

Ireland will not be a dumping ground for Britain’s nuclear and chemical waste. -Sinn Féin

Newry Times 6th Feb 2019 Sinn Féin MLA Cathal Boylan has said Ireland will not be a dumping groundfor Britain’s nuclear and chemical waste. The Newry/Armagh MLA said, “I welcome that earlier British government plans to use parts of counties
Armagh and Down as sites to dispose of nuclear waste have now been ruled
out. “Britain cannot use the north as a dumping ground for this hazardous
and toxic material. “Sinn Féin are totally against the use of nuclear
power, the British Government should be looking at ways to phase out their
use of nuclear power, not planning for more.
http://newrytimes.com/2019/02/06/ireland-will-not-be-britains-nuclear-dumping-ground-local-mla/

February 7, 2019 Posted by | politics international, UK, wastes | Leave a comment

USA’s $43 billion nuclear waste fund – but no nuclear waste has been buried

Nuclear waste burial fund grows to $43 billion, but DOE has not buried an ounce of spent fuel https://www.sgvtribune.com/2019/02/01/billions-pile-up-in-nuclear-waste-burial-fund-but-no-permanent-storage-solution-on-the-horizon/

Radioactive waste still stuck at San Onofre and other reactors across the nation By TERI SFORZA | tsforza@scng.com | Orange County Register, February 1, 2019 A U.S. Department of Energy fund to pay for the eventual disposal of nuclear waste has been earning $1.5 billion in interest each year — totaling a whopping $43.4 billion in 2018 — even as millions of pounds of radioactive waste pile up all over America in want of a permanent home.

The DOE piggy bank, dubbed the Nuclear Waste Fund, is invested in securities and earmarked for permanent disposal of spent fuel generated by commercial reactors such as San Onofre and Diablo Canyon. The fund’s most recent audit shows its value actually is down from 2016’s $46 billion.

That much money can buy a lot of things — except, apparently, permanent disposal of the nation’s nuclear waste.

For half a century, the fate of spent nuclear fuel has been marked by paralysis as officials squabble over what to do: build a deep geological repository at Yucca Mountain in Nevada, approve temporary private storage in New Mexico and Texas, or leave it at the 75 reactor sites where it was created.

The fight means mounting liabilities for taxpayers. The U.S. Government Accountability Office says delays in taking custody of commercial spent nuclear costs the federal government another $500 million every year.

The Nuclear Waste Fund was created in the last century, when nuclear power was viewed as the nation’s future. To encourage its development, the federal government passed the Nuclear Waste Policy Act of 1982, promising to accept and dispose of commercial nuclear fuel and high-level waste by Jan. 31, 1998.

In return, the utilities that owned the nuke plants would make quarterly payments into the disposal fund.

The utilities held up their end of the bargain — pumping about $750 million a year into the fund — but the DOE did not. And nearly 40 years on, it has not accepted an ounce of commercial nuclear waste for permanent disposal.

So the utilities operating nuclear plants found themselves stuck with this waste, and sued the DOE for breach of contract. Along the way, a federal judge said the DOE cannot charge for a service it not only isn’t providing, but won’t provide for many decades — and, in 2014, utilities all across America finally stopped paying into the Nuclear Waste Fund.

Their ratepayers probably didn’t much notice. The fee for consumers was tiny (about one-tenth of 1 cent for each nuclear-generated kilowatt hour), translating to some 20 cents a month on the average electric bill. But it added up.

Even after spending about $11 billion on the possibly dubious Yucca Mountain project, and even after fee collection ceased, the Nuclear Waste Fund continues to earn that $1.5 billion a year in interest.

And the government’s — and, thus, taxpayers’ — liabilities grow.

Costly delay

The DOE has paid out $6.9 billion to utilities for sticking them with the waste through 2017 —  money that has been used to construct temporary storage on plant sites, such as the “concrete bunker” that has been so controversial at the shuttered San Onofre plant.

The DOE estimates it will pay another $28 billion or so for the storage debacle before it’s all over. The nuclear industry believes DOE’s bill will be much higher —  closer to $50 billion.

None of that money comes from the Nuclear Waste Fund. Rather, it will come from the pockets of taxpayers, whether or not they got power from nuclear energy.

Grinding into action?

Two private companies are seeking federal licenses to open temporary storage sites in Texas and New Mexico for America’s commercial nuclear waste. The annual interest earned by the Nuclear Waste Fund — $1.5 billion — could be used to pay for private interim storage without further congressional appropriation, according to the Congressional Research Service.

But fierce opponents in New Mexico vow to keep the nation’s nuclear waste out of their backyards.

Meanwhile, the Nuclear Regulatory Commission issued the final volumes of its Yucca MountainSafety Evaluation Report and concluded that a deep geologic repository there would comply with safety and environmental standards once it’s permanently sealed.

But “scientific confidence about the concept of deep geologic disposal has turned out to be difficult to apply to specific sites,” the Congressional Research Service said. “Every high-level waste site that has been proposed by DOE and its predecessor agencies has faced allegations or discovery of unacceptable flaws, such as water intrusion or earthquake vulnerability, that could release unacceptable levels of radioactivity into the environment.

“Much of the problem results from the inherent uncertainty involved in predicting waste site performance for the 1 million years that nuclear waste is to be isolated under current regulations.”

And a newly elected congressman representing the San Onofre area has formed a new task force to push the issues of waste disposal and safety onto the front burner. The new group will feature some of the fiercest critics of Southern California Edison’s San Onofre Community Engagement Panel, a volunteer group advising Edison on the plant’s tear-down.

“We cannot allow the status quo to continue indefinitely,” said U.S. Rep. Mike Levin, D-San Juan Capistrano.

February 4, 2019 Posted by | USA, wastes | Leave a comment