 |
Home | Contact Us | Press Room | Site Overview | Help | Login | Register |
 |
 |
| About NCSL | State & Federal Issues | Legislatures | Legislative Staff | Meetings | Bookstore | Legislators & Staff Only |
| NCSL Home > State & Federal Issues: Issue Areas > Environmental Protection > Environmental Cleanup > | Add to MyNCSL |
Environment, Energy and Transportation ProgramRadioactive Waste NewsA Quarterly Summary of Generation, Transportation, Storage and Disposal IssuesJuly 2000, Vol. 16, No. 4In This IssueFEDERAL ACTIVITY Clinton vetoes spent fuel bill TRANSPORTATION NRC reopens comment period ON-SITE STORAGE PFS facility developments LOW-LEVEL RADIOACTIVE WASTE/STATE ACTIVITY DOE: Halt LLRW Forum funding INTEREST GROUPS/BUSINESS Aspen Institute releases report INTERNATIONAL Panel told Iraq could develop nuke
FEDERAL ACTIVITY Clinton vetoes spent fuel billOn April 25, President Bill Clinton vetoed Senate bill 1287, which would have allowed storage of spent fuel from commercial nuclear power plants near Yucca Mountain, Nev. (the potential host site for a geologic repository). The Senate passed S 1287 by a vote of 64-34, while the House passed the bill on a 253-167 vote; a two-thirds majority of each house was required to override the veto. The White House opposed the legislation because the original version raised questions about the authority of the U.S. Environmental Protection Agency to set radiation standards for the repository. According to the president's veto message, "Unfortunately, the bill passed by Congress will do nothing to advance the scientific program at Yucca Mountain or promote confidence in the decision of whether or not to recommend the site for a repository." This was President Clinton's 31st veto of congressional legislation; Congress has overridden only two of his vetoes. In early May, the Senate voted on whether to override the veto; the 64-35 vote was three votes short of the necessary 67 votes. Senate Majority Leader Trent Lott (Miss.), who supports the bill, voted to support the veto, which gives him the opportunity to ask that the issue be brought to a vote again at any time. Supreme Court rejects utilities' argumentsOn March 6, the U.S. Supreme Court rejected, without comment, a petition from four utilities that are seeking to require the U.S. Department of Energy (DOE) to begin accepting spent fuel from commercial reactors. The certiorari petition, filed by Consolidated Edison, Rochester Gas & Electric Co., Consumers Energy and Pacific Gas & Electric, sought to overturn a lower court decision that denied the utilities' legal petition for damages and remedial relief. The original lawsuit was the result of DOE's inability to begin accepting spent fuel for disposal on the contractual date of Jan. 31, 1998. NWTRB: More Yucca Mountain work neededThe Nuclear Waste Technical Review Board (NWTRB) has reported that the Department of Energy (DOE) must perform more scientific and engineering work at the proposed repository site at Yucca Mountain, Nev., before the agency can be certain the site is suitable for disposal of nuclear waste. The board believes that the 2001 target date for determining site suitability is "very ambitious" and recommended that DOE continue geologic studies that focus on natural and engineered barriers at the repository. Members of the panel also criticized the repository design that was included in the 1999 viability assessment report, saying there was no credible technical basis for a repository designed to operate at temperatures above the boiling point of water; the high temperatures could affect how the repository behaves both before and after closure. The NWTRB in April submitted to Congress its annual report, Report to the U.S. Congress and the Secretary of Energy, January to December 1999. Copies of the report are available either by contacting the board's office at 23000 Clarendon Blvd., Suite 1300, Arlington, VA 22201-3376, or via the internet at www.nwtrb.gov. DOE investigating exposure recordsThe U.S. Department of Energy (DOE) is investigating whether officials at federal uranium enrichment plants at Paducah, Ky., Oak Ridge, Tenn., and Portsmouth, Ohio, falsified workers' radiation exposure records. Assistant Secretary for Environment, Safety and Health David Michaels announced that DOE is pursuing allegations raised by a Portsmouth Gaseous Diffusion Plant guard who told the Senate Governmental Affairs Committee that the radiation exposure level records are not accurate. Michaels testified to the committee that the Clinton administration is committed to working with Congress regarding legislation to compensate sick workers. Meanwhile, DOE has established an Occupational Illness Compensation Office to expedite claims from thousands of workers who were exposed to radiation in the manufacturing of nuclear weapons. The Clinton administration is offering workers who develop certain cancers up to $100,000 as part of an overall $400 million outlay over the next five years (subject to congressional approval). This is the first admission by the government of responsibility for hazardous working conditions at nuclear weapons plants. If independent physicians determine an illness is work-related, DOE will accept responsibility. "Radiogenic" cancers-leukemia, myelomas, and bone and thyroid cancer-would be covered by the lump sum payment or by a negotiated package to cover medical costs, lost wages and worker retraining. Flats WIPP shipments expected to doubleThe number of weekly transuranic waste shipments from the Rocky Flats (Colo.) facility to the Waste Isolation Pilot Plant (WIPP), near Carlsbad, N.M., are expected to double in future months, from two to four. Additional shipments also are expected from the Idaho National Engineering and Environmental Laboratory and the Hanford (Wash.) Reservation. If the volume per shipment remains the same, it is predicted that more than 11,000 shipments will be required to move TRU waste from Colorado, Idaho and Washington to New Mexico. DOE postpones INEEL incinerator plansThe Department of Energy (DOE) has decided to postpone building a nuclear waste incinerator at the Idaho National Engineering and Environmental Laboratory (INEEL). Environmental groups had sued DOE over the plan. Critics were concerned that radioactive particles would drift into Yellowstone National Park and the Grand Teton mountains in Wyoming. In a March 26 agreement, DOE agreed to establish a blue ribbon panel to search for regulatory and technical alternatives to burning the waste. Panel members include Ralph Cavanagh (NRDC), Dr. Carl Anderson (Wyo. Dept. of Environmental Quality), Andrew Athy Jr. (attorney), Paul Bardacke (attorney), Dr. Robert Budnitz (Future Resources Associates), Gretchen Long-Glickman (Institute of Ecosystem Studies), and Dr. Marlo Molina (Mass. Institute of Technology). Once the panel submits its recommendations to DOE, the department can decide whether it wants to resume the permit process to construct an incinerator and evaporator at INEEL. DOE entered into an agreement with Idaho in 1995 to treat and remove 65,000 cubic meters of waste from the state by 2018. Although some of the waste can be disposed of at the Waste Isolation Pilot Plant (WIPP) near Carlsbad, N.M., the remainder of the waste-which contains PCBs, a hazardous material-cannot be shipped to WIPP for disposal. DOE plans to build a treatment plant (without the incinerator) this summer at a projected cost of $500 million. DOE ends BNFL Hanford contractThe Department of Energy (DOE) has ended its contract with British Nuclear Fuels Ltd. (BNFL) for the cleanup of radioactive waste now stored in underground tanks at the Hanford (Wash.) Reservation. BNFL had stated that it could not complete the job for less than $15.2 billion, compared to the cost estimate of $6.9 billion made by the company two years ago. The skyrocketing costs led to the termination of the contract, a key part of DOE's efforts to privatize the cleanup of its former nuclear weapons production sites across the country. Under privatization, the contracting company would be hired to complete the project, assume all risk and not be paid until after the work is completed. DOE Deputy Secretary T.J. Glauthier has stated that, although DOE has not given up on the privatization concept, it will limit privatization's use to projects with fewer uncertainties than the Hanford tank cleanup. The BNFL project at Hanford would have turned liquid high-level radioactive waste that currently is stored in 177 underground tanks into glass logs that could be disposed of in a geologic repository. DOE will pay BNFL for two years of design work. BNFL also is involved in cleanup projects at DOE facilities in Colorado, Idaho, South Carolina and Tennessee. Los Alamos closed by fire threatThe Los Alamos (N.M.) National Laboratory was closed due to the threat of a forest fire in early May; approximately 20,000 employees and local residents were evacuated as hundreds of homes burned. No nuclear material, explosives or chemicals were at risk during the fire that burned 4,000 acres of the lab's 43-square-mile property, although several computers containing research information were destroyed. The overall cost to Los Alamos has been estimated at $300 million. The fire also destroyed a portion of the historic V Site complex from the Manhattan Project that developed the first nuclear bomb; both atomic bombs dropped on Japan in 1945 were manufactured at Los Alamos. NRC, Labor: Whistleblower protectionThe U.S. Nuclear Regulatory Commission and the U.S. Department of Labor have submitted proposed language to Congress to amend the Energy Reorganization Act to provide further protection to nuclear industry employees who act as whistleblowers. Whistleblowers often raise safety issues but can suffer retaliation from their employers. The proposed language would strengthen the federal process under which employees (and former employees) in the nuclear industry who believe they have been discriminated against after raising safety concerns can seek reinstatement (or another remedy). The proposed revision would set more realistic time limits for the adjudicatory process, while providing a clearer description of the procedural steps and better notice to all parties involved. NRC news
NRC critical of Yucca Mountain EISThe Nuclear Regulatory Commission (NRC) has concluded that the draft environmental impact statement (EIS) for the proposed high-level waste repository at Yucca Mountain, Nev., contains too many options for each section of the proposed action plan, does not identify a preferred option for each component and does not provide an integrated description of the proposal. NRC has advised the Department of Energy to correct the EISs shortcomings by conducting an in-depth analysis of the options. The NRC specifically noted that the draft EIS failed to account for effects on minority and low-income communities from the potential contamination of groundwater and drinking water supplies, the non-radiological effects of transportation, mitigation of environmental impacts, and effects on cultural resources and land use. Tribunal awards exiled islanders millionsThe Nuclear Claims Tribunal awarded residents of the Marshall Islands $325 million for hardships-both past and future-derived from their exile from the former Pacific Ocean nuclear test site. The tribunal decision is the first to settle a claim for nuclear test damage to the Marshall Islands. The lawsuit, filed 10 years ago, has undergone numerous hearings and the airing of scientific and legal arguments regarding damages. Payment of the award will depend on a petition the Marshall Island government is preparing to submit to Congress seeking additional compensation. The award breaks down into $199.2 million for loss of use of Enewetak Atoll from 1947 through 2026; $91.71 million for restoration that includes nuclear cleanup, rehabilitation and resettlement; and $34.08 million for hardship and suffering for residents who lived in exile on another atoll until their 1980 return to Enewetak. The U.S. Army conducted a limited cleanup of Enewetak that allowed the population to move back to the southern portion of the atoll. One area, Runit Island, houses a highly radioactive nuclear waste storage facility that remains under quarantine; cleanup of Runit is projected to cost $10 million. LegislationHR 3383 (Barton, Texas)-Subjects nonprofit Department of Energy contractors, such as universities, to unlimited civil penalties. HR 3906 (Bliley, Va.; Upton, Mich.; Barton, Texas; and Burr, N.C.)-Establishes an Office of Independent Security Oversight. The office would be authorized to review the physical and information security at all Department of Energy sites, including activities under the semi-independent National Nuclear Security Administration. The office would report directly to the secretary of energy and would submit annual reports to Congress. HR 3907 (Bliley, Va; Sensenbrenner, Wis.; Upton, Mich.; Barton, Texas; Burr, N.C.; Calvert, Calif.)-Gives the U.S. Nuclear Regulatory Commission (NRC) oversight of all nuclear safety matters across the U.S. Department of Energy (DOE) complex. The Occupational Safety and Health Administration would be responsible for monitoring DOE non-nuclear worker safety issues. The bill would end DOE self-regulation by Sept. 30, 2001. The NRC would enter into a memorandum of understanding with DOE outlining decommissioning procedures and requirements. S 2016 (Domenici, N.M.)-Amends the Atomic Energy Act. Includes provisions to eliminate prohibitions on foreign ownership of a U.S. nuclear power plant; eliminates antitrust reviews by the U.S. Nuclear Regulatory Commission (NRC) during license transfer proceedings; allows the NRC to hold legislative (rather than trial) hearings in license transfer cases; and authorizes the NRC to require companies that are not licensed by the agency to comply with their nuclear decommissioning funding obligations.
PersonnelSecretary of Energy Bill Richardson has appointed a task force panel to review and assess the Department of Energy's nonproliferation programs in Russia and recommend how its nonproliferation efforts can be enhanced. Lloyd Cutler, former White House counsel, and former Senator Howard Baker (Tenn.) will co-chair the panel. Other task force members include Andrew Athy Jr., Graham Allison, Brian Atwood, Bruce Blair, David Boren, Lynn Davis, Butler Derrick, Susan Eisenhower, Lee Hamilton, Robert Hanfling, Gary Hart, Jim McClure, Sam Nunn, Alan Simpson, David Skaggs and John Tuck. The task force will provide policy recommendations about how to support effectively U.S. national security interests. Topics to be discussed include the Nuclear Cities Initiative, the material protection control and accounting program, the HEU purchase agreement and the plutonium disposition program. The task force held its first meeting March 13. President Bill Clinton has reappointed three members of the U.S. Nuclear Waste Technical Review Board for additional four-year terms. They are Daniel B. Bullen, Debra S. Knopman and Priscilla P. Nelson. The president also appointed three new board members: Norman Christensen Jr., Paul Craig and Richard Parizek. The board evaluates the technical and scientific validity of the Department of Energy's program to characterize the Yucca Mountain, Nev., site as a suitable host for a geologic repository for the disposal of spent fuel and high-level radioactive waste. For more information about the board and its members, visit www.nwtrb.gov. The U.S. Senate confirmed Edward McGaffigan Jr. to a second term as a commissioner of the U.S. Nuclear Regulatory Commission on May 24, 2000; Commissioner McGaffigan's term will end on June 30, 2005.
TRANSPORTATION NRC reopens comment periodThe Nuclear Regulatory Commission (NRC) has reopened the comment period for its proposed rulemaking regarding notification of Indian tribes about high-level radioactive waste shipments that will be transported across the boundaries of tribal lands. The comment period was extended until July 5, 2000. For more information, contact Stephanie Bush-Goddard, Office of Nuclear Material Safety and Safeguards, NRC, Washington, D.C. 20555-0001, (301) 415-6257, SPB@nrc.gov. ISCORS announces websiteThe Interagency Steering Committee on Radiation Standards (ISCORS) has announced its web site, www.iscors.org. ISCROS was created as a result of concerns from then-Senator John Glenn (Ohio) regarding inconsistencies, gaps and overlaps in radiation protection standards. ISCORS brings together the U.S. Nuclear Regulatory Commission, the Environmental Protection Agency; representatives from the departments of Defense, Energy, Labor, Transportation, and Health and Human Services; and the Office of Management and Budget to host pre-decisional discussions. States may observe the meetings. For more information, call Patricia Santiago at the NRC (301) 415-7269 or Behram Shroff at the EPA (202) 564-9707.
ON-SITE STORAGE PFS facility developmentsThe Nuclear Regulatory Commission (NRC) began formal hearings in June on the application of Private Fuel Storage's (PFS) spent nuclear reactor fuel storage facility. The proposed facility would be located on the Skull Valley Band of Goshute Indians reservation in Skull Valley, Utah, approximately 85 miles southwest of Salt Lake City. The NRC received testimony and exhibits and allowed cross-examination of witnesses by the parties who have been admitted to the hearing. The parties include the Skull Valley Band of Goshute Indians, Ohngo Gaudadeh Devia, Confederated Tribes of the Goshute Reservation, Southern Utah Wilderness Alliance, the State of Utah, Private Fuel Storage and the NRC staff. Emergency planning, financial assurance and decommissioning costs will be considered during this phase of the hearing. Meanwhile, the Tooele County Commission has signed a contract with PFC that would provide the county with $5,000 per month to mitigate any costs incurred by the county for studies undertaken to assess the impact of the proposed spent fuel storage facility and, an annual fee of up to $500,000 while spent fuel is being stored in the facility. In addition, the contract provides that an annual fee of $2,600 per canister will be paid by members of the consortium; non-consortium members will be assessed a fee of $3,250. The fees will be paid in lieu of any taxes, registration or licensing fees. (PFS is not required to pay taxes to the county because the facility is located on an Indian reservation.) In exchange for the payments, the county has agreed to provide law enforcement, support, emergency response and road maintenance, telecommunications, permits and easements. The Commission's action had an immediate impact on Gov. Mike Leavitt, who, during a May 25 interview on a local TV station, as reported in the Salt Lake Tribune, appeared almost resigned to the fact that the state may end up hosting a facility. "We are doing all we can to resist," he said, "it's not inconceivable we won't succeed, but it's worthy of our efforts to prevent it." He further admitted during a local radio broadcast, that the state "is slowly running out of ways to object." NRC: Smooth cask application reviewsNuclear Regulatory Commission (NRC) staff want to institute a cask review schedule that would allow for only one round of questions. The push for a more efficient and streamlined cask licensing process comes as the agency prepares for a possible onslaught of applications. There are 15 operating and licensed independent spent fuel dry storage facilities at nuclear power plants in 13 states. NRC expects to receive applications for another 20 facilities in 14 additional states over the next five years, said Bill Brach, director of NRC's Spent Fuel Project Office. NRC projects more utilities will choose storage systems with a general NRC license. A utility that chooses a general licensed system can forego an NRC site-specific review. Additionally, NRC staff plan a revision to Part 71 regulations that would incorporate the International Atomic Energy Agency's latest transportation standards, known as ST-1. In addition, two spent fuel transportation studies are under way. Brach said one reexamines the generic impact of spent fuel shipments, while the other reviews spent fuel package performance in transportation accidents beyond those considered in Part 71. The focus of both is on updates to some of the technical bases or assumptions used in the original 1977 transportation study. NRC mulls NEI COC recommendationThe Nuclear Energy Institute (NEI) is urging NRC to eliminate the rulemaking process for issuing and amending certificates of compliance (COC) for spent fuel cask storage. NEI seeks NRC rulemakingNuclear utilities want to be able to use advanced fuel cladding materials without having to spend money to obtain an exemption from the Nuclear Regulatory Commission (NRC). Currently NRC regulations 10 CFR 50.44 and 50.46 require use of zircaloy, or ZIRLO, cladding. The Nuclear Energy Institute (NEI) submitted a petition of rulemaking to NRC on April 12 that would allow utilities to use other zirconium-based fuel cladding if it meets fuel cladding performance requirements and has received NRC staff approval. NEI contends the change will improve the efficiency of the regulatory process by eliminating the need for individual licensees to obtain costly exemptions to use advanced cladding materials that already are approved by the NRC. The exemption petition process costs licensees more than $50,000 per request, and at least eight requests have been submitted to NRC over the last nine years, according to NEI. The NEI petition and supporting information are available on the NRC web site at http://ruleforum.llnl.gov. Comments, due by Aug. 14, 2000, can be made to the Web site. Surry plant leads in license renewalVirginia Power led the way in developing the first U.S. dry cask storage facility, and now it has agreed to serve as the test case in the license renewal process for that facility. The company anticipates submitting a 20-year license extension application for Surry's dry storage facility in fall 2001, about three years earlier than required by NRC regulations. Surry's site-specific license, issued in July 1986, expires in 2006. NRC requirements call for renewal applications to be submitted two years in advance of the license termination. While the NRC offers two options for licensing an independent spent fuel storage installation (ISFSI)-either through a general or site-specific license-the agency currently is focusing only on addressing the license renewal process for the site-specific license. The site-specific license requires an application complete with the planned facility, cask design and operation, and a site description. Under this process, there is an opportunity for hearings. The preliminary guidance contains an outline of what should be included in an application along with other information. The guidance was posted in early June on NRC's web site: http://www.nrc.gov/NRC/PUBLIC/PMNS/nmss1.pdf. The NRC is seeking comments on the guidance. Conn. Yankee finishes spent fuel inspectionConnecticut Yankee Atomic Power Co. recently completed the inspection of its on-site spent nuclear fuel program eight days ahead of schedule in preparation of moving the fuel from the storage pool to casks, a crucial step in the utility's plan to decontaminate and decommission (D&D) its Connecticut Yankee reactor. Connecticut Yankee spokeswoman Kelley Smith said the utility now can provide NAC International with the data needed to determine the configuration of the fuel in the multipurpose canister system (MPC) the utility bought for the plant. The NAC-MPC can be used to store and transport the waste. Meanwhile, NRC has issued a final rule that will add the NAC-MPC to its list of storage systems covered under a general license. Utilities can use general licensed storage systems without undergoing a site-specific review by the agency. Smith said 1,016 assemblies were characterized and 40 were identified that would require special handling when they are moved to dry storage. Each fuel assembly was visually inspected under water and then photographed on all sides by video cameras. Storage cask developments
Consumers Energy needs the casks at its Palisades station by next year or it will lose full-core, off-load capability in April 2001. The utility also needs casks to support its decommissioning schedule at Big Rock Point. That schedule requires finishing loading all fuel from the spent fuel pool into storage casks by 2002. The casks are needed this year to " ... support training and dry runs in anticipation of loading fuel in the following year," NRC staff noted. The Wesflex cask currently is under review, and a certificate of compliance is expected to be issued in early 2001 if approved. The NRC stated that the manufacture exception does not extend to actual loading for storage purposes until a certificate is issued. If the casks are found unacceptable for use, they could be disposed of or recycled.
Seismic concerns are an issue at Humboldt Bay, which closed in 1976 because of seismic assessment hazards. PG&E's request for proposal for Humboldt Bay will ask that the cask meet the site's technical specification requirements, including an earthquake of 1.4 horizontal Gs (gravitational force) and a tsunami at maximum high tide of 34 feet above sea level.
Under the terms of the NRC general license, any nuclear power reactor licensee can use a pre-approved cask if the company notifies the NRC in advance, meets the conditions of the cask's NRC certificate of compliance, and complies with NRC regulations. These regulations include a requirement to ensure that the reactor site characteristics and potential site-boundary radiation doses are within the scope of the cask's safety analysis report and the reactor license. To obtain more information, call Merri Horn, Nuclear Material Safety and Safeguards, (301) 415-8126.
LOW-LEVEL RADIOACTIVE WASTE/STATE ACTIVITY DOE: Halt LLRW Forum fundingIn its Audit Report of the National Low-Level Waste Management Program (DOE/IG-0462, February 2000), the Office of the Inspector General for the Department of Energy (DOE) has recommended that DOE discontinue funding for the Low-Level Radioactive Waste Forum due to the failure of the compacts and unaffiliated states to develop new disposal sites. The inspector general noted that the member states are unwilling to fund the organization's operations and that DOE has funded activities beyond those which Congress intended when it directed DOE in 1990 to provide "organizational assistance" to the forum. The forum, an organization that shares information among compacts and states about the establishment of low-level radioactive waste disposal facilities, has received $5.4 million since 1990 from DOE. The inspector general recommended that DOE EM officials "clarify with appropriate congressional committees the intent of Congress regarding the expenditure of funds in developing storage sites prior to authorizing additional work in the area of assured isolation storage and...should discontinue funding for technical assistance not related to permanent disposal until clarification is obtained." The inspector general's audit report is available at www.ig.doe.gov/pdf/ig-0462.pdf. Compact admits South CarolinaThe Northeast Interstate Low-Level Radioactive Waste Commission on June 13 approved the admission of South Carolina to the compact. With South Carolina's admission, the compact-which previously consisted of Connecticut and New Jersey-has changed its name to the "Atlantic Low-Level Radioactive Waste Compact." State News SummariesCalifornia
US Ecology also filed a lawsuit on May 3 in the Superior Court for the County of San Diego against the state, the governor and the director of the California Department of Health Services, seeking monetary damages of $162 million resulting from the state's abandonment of the Ward Valley low-level radioactive waste disposal project. Damages sought include project costs incurred since 1985, plus interest and future lost profits.
Maine The federal district court for the district of Maine has ruled that the state Department of Environmental Protection has no authority to regulate the radiological aspects of the independent spent fuel storage installation (ISFSI) proposed by Maine Yankee to house its spent fuel until a federal geologic repository is available. The court held, "Defendants have no role to play, in determining whether Maine Yankee should use dry cask storage on the Wiscasset site or some other storage vehicle, as that use is authorized under Maine Yankee's operation license. Nor does the state have any say in the selection, or specifications regarding construction of the dry cask storage containers." The court also found that the state cannot use a financial capacity requirement to indirectly regulate spent fuel storage. The court did affirm that the state could insist that the ISFSI comply with state requirements that " ... do not impermissibly infringe on radiological, operations, construction or safety issues, such as aesthetic landscaping requirements or flood or soil erosion control measures." Michigan Former Michigan Public Service Commission (PSC) staff member Ron Callen has testified before the PSC that Detroit Edison should place all or part of the Nuclear Waste Fund fee collected from ratepayers into an escrow account rather than depositing the money into the federal treasury. The Nuclear Waste Fund supports the efforts of DOE's Office of Civilian Radioactive Waste Management Program to study a potential host for a deep geologic repository for the disposal of spent fuel from nuclear power plants. Callen is concerned that DOE will continue to fail to meet deadlines for accepting spent fuel for disposal and for opening a repository. He fears that if the nuclear power industry does not take action, DOE will continue to fall behind schedule, while ratepayers continue to pay for the repository program. Nebraska The U.S. Court of Appeals for the Eighth Circuit has upheld the issuance of a preliminary injunction against Nebraska in a lawsuit that challenges the state's actions in reviewing US Ecology's license application for a low-level radioactive waste disposal facility. The restraining order prohibits the state and its officials, employees, agents and representatives from holding a contested case hearing on the state's decision to deny the license application, and from expending or attempting to collect funds from regional utilities, the Central Interstate Low-Level Radioactive Waste Commission or US Ecology. The court's decision is available online at www.wulaw.wustl.eud/8th.cir. Oklahoma The U.S. Nuclear Regulatory Commission is considering a request from the state of Oklahoma to assume regulatory authority over certain nuclear materials. If the request is accepted, Oklahoma will become the 32nd state to sign such an agreement. Oklahoma would assume responsibility for licensing, rulemaking, inspection and enforcement concerning 1) materials made radioactive in nuclear research reactors, 2) uranium and thorium source materials used as shielding for medical and industrial instruments, and 3) special nuclear material in quantities not sufficient to support a nuclear reaction. The state also could regulate the land disposal of radioactive waste. The Oklahoma Department of Environmental Quality will administer the regulatory program that will affect 220 current licensees. A decision is expected by July 30. South Carolina The South Carolina Department of Health and Environmental Control is reviewing an application for renewal of the Barnwell operating license by Chem-Nuclear Systems, the facility's operator; the license is scheduled to expire on July 31. The renewal application does not request any changes in the license or operations of the facility. The pending purchase of Chem-Nuclear by GTS Duratek is not expected to affect the application review. A panel of outside experts will assist the state agency in evaluating disposal technology options and waste streams; the state will make its final decision after considering the panel's recommendations. Texas
Utah
Semnani has countersued for return of the $600,000 from Anderson. Anderson also has been indicted in the U.S. District Court for the District of Utah on charges of extortion, mail fraud, tax evasion and filing false tax returns. Semnani previously pled guilty to a misdemeanor federal tax charge of helping to conceal payments to Anderson from the Internal Revenue Service. Meanwhile, Nuclear Regulatory Commission (NRC) staff have completed their evaluation of demands for information from Semnani regarding payments made to Anderson. The NRC staff concluded that no further action is warranted.
Envirocare of Utah and its owner, Khosrow Semnani, have filed a defamation lawsuit in U.S. District Court for the District of Utah against Waste Control Specialists (WCS), its former president, a private investigator and other defendants. The complaint alleges that WCS engaged in a misinformation campaign, libel, slander and general disparagement of both Envirocare and Semnani in an effort to weaken the company as a competitor for low-level radioactive waste disposal in both Utah and Texas. LegislationIllinois SB 23 (Rauschenberger-Bowles)-Establishes an incremental slide in values for nuclear and non-nuclear power plants in counties with a population of less than 3 million, over a five-year period. Helps school districts and taxing districts address revenue losses and gives them time to increase other property taxes to compensate for the closure or sale of nuclear power plants. Maine Two companion bills-LD 2496 and LD 2688-passed by the Maine Legislature will resolve differences between state authorities and Maine Yankee regarding the utility's license termination plan by requiring the plant to maintain strict standards for radioactive emissions. The utility also will be able to bury rubblized concrete on site in disposal cells by reclassifying the decontaminated concrete as special waste. The bill sponsors, senators Sharon Treat and Marge Kilkelly and Representative Ben Rines Jr., developed legislation that allows the utility to free-release concrete from plant buildings that it wants to dispose of onsite, while ensuring that concrete with contamination levels higher than the free-release standard will be shipped offsite to a low-level radioactive waste disposal facility. The Maine legislation assumes that the Nuclear Regulatory Commission will approve the rubblization concept, but the Legislature did not take a position regarding the merits of rubblization as an approach to decommissioning and decontaminating a nuclear power plant. South Carolina The South Carolina House of Representatives on May 25 passed S 1129, the Atlantic Interstate Low-Level Radioactive Waste Compact Implementation Act. The House version contained amendments that required reconsideration by the Senate, which concurred with the amendments the same day. Governor Jim Hodges signed the bill into law on June 6.
INTEREST GROUPS/BUSINESS Aspen Institute releases reportThe Aspen Institute held closed-door discussions related to the Department of Energy's spent fuel disposal program. Options reported by the institute would include using at-reactor dry storage, consolidation of spent fuel at a few sites and starting a new repository program and new implementing agency, should the Yucca Mountain, Nev., site fail to win approval as a repository host. Representatives from all factions of the waste issue participated in the talks. According to the institute, "Any decision to proceed with the selection of Yucca Mountain will meet with serious opposition from local and environmental interests. A decision to reject Yucca Mountain will necessitate a major new effort to seek alternative solutions. A new program has little chance of success unless the public policy failures of the past are understood and corrected." Entergy to buy two N.Y. nuclear plantsEntergy has agreed to pay $967 million for two New York state-owned nuclear power plants-$636 million for the plants, plus the price of nuclear fuel and part of the eventual cost to decommission the plants. Entergy has agreed to establish regional headquarters in New York that will employ 120 to 200 people and to accept the risk of an adverse tax ruling about the decommissioning funds for the plants, which could amount to $250 million. Although Entergy has agreed to accept full responsibility for a possible tax liability regarding the plants' decommissioning funds, the state will retain control over the decommissioning funds until the licenses expire. The sale price is almost four times higher than the previous record sale for a nuclear power plant. The sale still requires approval from the Nuclear Regulatory Commission. Entergy was engaged in a bidding war for the New York plants with Dominion Resources. Other competitors in the nuclear power plant purchase process include Philadelphia-based AmerGen Energy Co., Duke Energy Corporation (Charlotte, N.C.) and Constellation Energy Group (Baltimore, Md.). Entergy and other companies are attempting to acquire nuclear power plants at prices lower than their actual construction costs in the belief that the companies can operate the plants in a manner competitive with fossil-fuel plants. Based on previous sale prices, it would cost about six times as much to buy a comparable fossil-fuel plant and eight times as much to build a new plant. According to Entergy staff, many utilities are realizing that operating only one or two nuclear power plants is not cost efficient and are willing to sell the plants to larger operating companies as part of utility restructuring requirements. Entergy is targeting larger plants that generate at least 600 megawatts of power and have fully funded decommissioning accounts to help pay for the eventual cleanup and closure of the plants. Entergy already owns and operates five nuclear generating units in Arkansas, Mississippi and Louisiana before its purchase of plants in the northeastern United States. The investment community favorably views Entergy's activities, based on the company's good operational history with its plants, its strong relations with the U.S. Nuclear Regulatory Commission and its cadre of trained plant personnel. Vermont Yankee sale price evaluatedThe large sale price for two New York nuclear power plants has resulted in a request for an independent evaluation of the Vermont Yankee sale price of $23 million. Two intervenors-the New England Coalition on Nuclear Pollution and the Vermont Public Interest Research Group-have requested information about Entergy's unsuccessful bid for the Vermont plant. Central Vermont Public Service Corporation staff note that the New York sale price and the price for Vermont Yankee are not compatible due to the differences in energy capacities (1,805 total megawatts in N.Y. versus 540 megawatts in Vt.), and that the New York plants are licensed to operate for a longer period of time than is Vermont Yankee. NRC approves Oyster Creek license transferThe U.S. Nuclear Regulatory Commission (NRC) has approved the transfer of the Oyster Creek (N.J.) Nuclear Generating Station's operating license from GPU Nuclear and Jersey Central Power and Light to AmerGen Energy Company. Calvert Cliffs, S.C. operating licenses renewedThe U.S. Nuclear Regulatory Commission (NRC) has renewed the operating licenses for the Calvert Cliffs Nuclear Power plant reactors for an additional 20 years, making this the first license extension granted to a commercial nuclear power plant by the NRC. The current licenses for the plant, located in Lusby, Md., were to expire in 2014 and 2016 for units 1 and 2, respectively. NRC staff conducted an environmental impact statement and determined that no environmental effects would preclude renewal of the licenses. Copies of the documents related to license renewal are available at www.nrc.gov/OPA/reports/renewal.htm. The NRC also has renewed the license for three units at the Oconee Nuclear Station in South Carolina. The NRC is reviewing license renewal applications for two other nuclear power plants, Arkansas Nuclear One and Hatch 1 and 2 (Georgia). Duke shareholders reject MOX proposalDuke Energy shareholders rejected a proposal that the utility not use mixed-oxide (MOX) fuel at the utility's McGuire and Catawba plants, as had been planned to begin in 2007. The proposal was rejected at the annual meeting in April and cannot be submitted again for three years. Duke Energy is part of a consortium that has contracted with the Department of Energy to dispose of excess weapons-grade plutonium by turning it into MOX fuel and using it in commercial nuclear reactors. The program is part of the plutonium disposition program the United States is coordinating with Russia. Virginia Power cancels MOX plansVirginia Power has cancelled plans to use mixed oxide (MOX) fuel in its North Anna nuclear power plant. Virginia Power has withdrawn from a Duke-Cogema-Stone and Webster consortium that was awarded a $130 million Department of Energy contract in 1999 to manufacture and use MOX fuel in commercial nuclear power plants. MOX fuel, which relies on plutonium from dismantled nuclear warheads, has never been used commercially in the United States, although it is used in European and Japanese nuclear power plants. Maine Yankee cancels decommissioning contractMaine Yankee has cancelled its fixed price contract with Stone and Webster for the decommissioning of its nuclear power plant. Work will continue through June through a short-term agreement; no decision has been made regarding a long-term course of action. Stone and Webster recently was purchased by Jacobs Engineering Group Inc. after the company filed for Chapter 11 bankruptcy in early May. Decommissioning, which is 25 percent complete, is scheduled to be finished in 2004. NRC amends licensee regulationsThe Nuclear Regulatory Commission (NRC) is amending its regulations for the licensing, inspection and annual fees that it charges licensees in fiscal year (FY) 2000. The agency is required to collect nearly all its operating budget through two types of fees either for NRC services (licensing and inspection) or the annual fee paid by all licensees to cover generic regulatory expenses and other costs not recovered through fees for service. For FY 2000, the NRC must recover $447 million in fees. A smaller number of licensees are paying annual fees due to the transfer of regulatory oversight of licensees from the NRC to Ohio. The final rule will be published in the Federal Register.
INTERNATIONAL Panel told Iraq could develop nukeGary Milhollin, director of the Wisconsin Project On Nuclear Arms Control, testified to the Senate Foreign Relations Subcommittee on Near Eastern Affairs that Iraq may be able to develop a nuclear weapon if the country can gain access to a supply of highly enriched uranium. The proposed bomb design is small enough to fit on a Scud missile; United Nations arms inspectors believe that Iraq still could possess nine Scud missiles. Milhollin also asserted that Iraq had used its "oil for food" money to purchase medical machinery from which electrical switches that could trigger atomic weapons were removed. Also unaccounted for by Iraq are 3.9 tons of the nerve gas VX and 600 tons of ingredients with which to make additional chemical weapons. The United Nations is having difficulty convincing Saddam Hussein to allow arms inspectors to return to Iraq to visit weapons laboratories. Dr. Han Blix, the new head of the proposed U.N. arms inspection team, formerly was the head of the International Atomic Energy Agency. Clinton urges India to accept CTBTDuring his visit to south Asia, President Bill Clinton urged Indian leaders to accept the nuclear test ban treaty. Both the president and Secretary of State Madeleine Albright have urged India to halt its nuclear weapons program and support the Comprehensive Test Ban Treaty. Indian Prime Minister Atal Behari Vajpayee responded to the president that India has valid reasons to maintain a nuclear deterrent. India conducted underground nuclear tests in 1975 and 1998; the l998 tests resulted in retaliatory tests by Pakistan. India has requested to join the five established nuclear powers with permanent seats on the U.N. Security Council. Vajpayee also has said that India will not succumb to pressure from the United States to sign the treaty. Chernobyl to close foreverThe Chernobyl nuclear power plant will close forever on Dec. 15, 2000, with financial help from the United States. President Bill Clinton met with Ukraine President Leonid Kuchma in early June to make the announcement. The United States will provide $78 million to aid efforts to contain radiation at the troubled plant and $2 million for safety measures at other nuclear power plants in Ukraine. Russia: Build new nuclear plantsRussia's Minister for Atomic Power, Dr. Evgeny Adamov, is proposing as major initiatives for the next 50 years that Russia build 23 new nuclear power plants before 2020 and change its laws to allow the import of nuclear waste. Russia currently operates 29 nuclear power plants. The state Duma (Parliament) previously has considered measures that would have allowed the import and disposal of foreign spent nuclear fuel. Meanwhile, the United States and Russia signed two agreements that focus on geologic disposal of Russian nuclear waste. The agreements facilitate collaboration between the U.S. Department of Energy and the Russian Academy of Sciences regarding environmental stewardship of former nuclear weapons complex facilities in both countries and the development of clean energy technologies. Japan revokes JCO licenseIn an unprecedented sanction, the Japanese government revoked the operating license for JCO Company Ltd. after the country's worst nuclear accident. The decision was based on the illegal procedures employed by JCO that resulted in the accident. JCO is a subsidiary of Sumitomo Metal Mining Company Ltd. Three workers put an excessive amount of uranium (about 5 pounds) in a steel bucket that contained nitric acid, resulting in a self-sustaining nuclear reaction that exposed 439 people to radiation. Two workers died from radiation injuries; another was released from the hospital. Sumitomo has paid $121 million in compensation and to clean up the accident. Russian Duma ratifies CTBT, START IIThe lower chamber of the Russian parliament, the state Duma, has ratified the Comprehensive Nuclear Test Ban Treaty, which would require Russia to end all nuclear test explosions once the United States and other nuclear-capable nations comply. The upper chamber of parliament, the Federation Council, also must ratify the test ban treaty. The U.S. Senate failed to ratify the treaty in 1999. Although the treaty has been signed by more than 150 countries, only 52 countries have ratified it. Before it becomes effective, the treaty must be ratified by all 44 countries considered to have some degree of nuclear capability. Besides the United States, other countries that have not ratified the treaty include China, Egypt, India, and North Korea and Pakistan. Pakistani Foreign Minister Abdus Sattar has announced that his country is interested in signing the treaty, following a national discussion of the issue. The Duma and the Federation Council also ratified the START II treaty, under which Russia and the United States will scrap thousands of nuclear warheads. The U.S. Senate must approve amendments to the treaty affirmed by U.S. and Russian negotiators after the Senate's previous ratification 1996. Additional talks will begin regarding a proposed START III treaty. Russian President Vladimir Putin has made nuclear arms reduction a key part of his foreign policy. LEU concerns from foreign reactor operatorsForeign research reactor operators are expressing concern that the United States will not have new low-enriched uranium (LEU) fuel ready by 2006, the date by which the conversion from high-enriched uranium (HEU) is to be completed. In an effort to prevent nuclear proliferation, the United States has been accepting HEU shipments from foreign research reactors for storage and disposal. In return, the United States is to provide LEU for use in the research reactors. There have been problems, however, with the substitute fuel's decreased performance and increased costs. Research continues into the development of a new uranium-molybdenum (U-Mo) fuel that better meets foreign research needs, but there is concern that the new fuel will not be approved for use by 2006. U.S. and French researchers now plan to pool their research and development results on the U-Mo fuel to obtain licensing approval from national authorities. South Australia blocks waste depositSouth Australia has moved to prohibit the construction of a repository for medium to high-level radioactive waste in the state. Legislation is being drafted to prevent the Commonwealth from constructing the facility in the outback of South Australia. Under the legislation, any breach will result in a fine of $5 million (Australian). Australia also is seeking a host for a national low-level radioactive waste repository and has narrowed its possibilities to five sites in the central-north region of South Australia. Test drilling at the five sites is expected to begin shortly. The results will be assessed, and additional consultation with stakeholders will follow. Three sites will be selected for further work, and one site will be selected by the end of the year.
All the NRC reports are available at the NRC web site, www.nrc.gov, by using the reference library page link Technical Reports In The NUREG Series. For more information about the last two reports, call Wayne Hodges, Spent Fuel Program Office, Office of Nuclear Material Safety and Safeguards, NRC, (301) 415-2239.
MEETINGS High-Level Radioactive Waste Management International Conference, April 29-May 3, 2001, Las Vegas, Nev. Abstracts are due November 1. For more information, contact the American Nuclear Society, Technical Publications Office, 555 N. Kensington Ave., La Grange Park, Ill. 60526, (708) 579-8253. GAO REPORTS THE GENERAL ACCOUNTING OFFICE (GAO) has produced the following reports of interest. High-Level Radioactive Waste Management International Conference, April 29-May 3, 2001, Las Vegas, Nev. Abstracts are due November 1. For more information, contact the American Nuclear Society, Technical Publications Office, 555 N. Kensington Ave., La Grange Park, Ill. 60526, (708) 579-8253. Department of Energy: National Security Controls Over Contractors Traveling to Foreign Countries Need Strengthening (RCED-00-140), June 2000. Low-Level Radioactive Wastes: Department of Energy Has Opportunities to Reduce Disposal Costs (GAO/RCED-0064), April 2000. Nuclear Safety: Concerns With the Continuing Operation of Soviet-Designed Nuclear Power Reactors (RCED-00-97), April 2000. Nuclear Waste: Observations on DOE's Privatization Initiative for Complex Cleanup Projects (T-RCED-00-215), June 2000. Nuclear Waste Cleanup: DOE's Cleanup Plan for the Paducah, Kentucky Site Faces Uncertainties and Excludes Costly Activities (T-RCED-00-225), June 2000. Occupational Safety and Health: Government Responses to Beryllium Uses and Risks (OCG-00-6), May 2000. The first copy of each GAO report and testimony is free; additional copies are $2 each. To request copies of these reports, contact the General Accounting Office, P.O. Box 6015, Gaithersburg, Md. 20884-6015, (202) 512-6000, or fax your order to (301) 258-4066. GAO reports also are available on the Internet at www.gao.gov.
|
© 2008 National Conference of State Legislatures, All Rights Reserved
Denver Office: Tel: 303-364-7700 | Fax: 303-364-7800 | 7700 East First Place | Denver, CO 80230 | Map
Washington Office: Tel: 202-624-5400 | Fax: 202-737-1069 | 444 North Capitol Street, N.W., Suite 515 | Washington, D.C. 20001
