Environment, Energy and Transportation Program
Radioactive Waste News
A Quarterly Summary of Generation, Transportation, Storage and Disposal
Issues
Vol. 20, No. 2
June/July 2003
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In this Issue
FEDERAL ACTIVITY
Autumn Court Date Set for State of
Nevada
Worker Intimidation at
Yucca Mountain Alleged
Differing
Views on Yucca Transportation Plan
U.S. House Member Prefers Repository Over New Plants
DOE's Legal Services Contract
Changes
Draft Report Issued on MOX
Facility
Twin MOX Plants
Construction
Licensing Delayed for
Utah Temporary Spent Fuel Storage Facility
New Management Sought for Los Alamos
Panel Finds Skull Valley Site Could
Withstand Earthquake
Shutdown of
Fast Flux Test Facility Begins
Cask Study Results and Casks Investigated
State-of-the-Art Transport Casks
Introduced
PSEG Nuclear Contracts
for Dry Storage
Additional
Storage Authorized at Prairie Island
Office Change for Spent Fuel Program
NRC NOTES
Nuclear Regulatory Commission
Report on MOX Plant
Public
Meetings Held to Discuss Nuclear License Renewal
Diaz Is Named Chief at NRC
New Security Changes for Nation's Plants
The Latest On Spent Fuel
Casks
FEDERAL ACTIVITY
In October, oral arguments will be heard in several cases the State of Nevada
has filed against the U.S. Department of Energy stemming from Nevada's
opposition to the siting of the Yucca Mountain spent fuel repository. For years,
Nevada has insisted that the site is inadequate to contain and isolate stored
high-level radioactive waste and spent nuclear fuel. The state also has felt
unfairly chosen to "bear the burden" of becoming the nation's dumping ground for
the waste even though, as a state, it has not generated any of it.
Presiding over the cases will be a three-judge panel of the U.S. Court of
Appeals for the District of Columbia Circuit. No determination has been made as
to which of six pending cases will be addressed first by the judges. Nevada
spokesman Steve Frishman stated, "We're glad to be able to go to the judiciary
to test what we've been arguing for years."
Two Nevada senators asked Attorney General John Ashcroft to investigate
whether the U.S. Department of Energy (DOE) intimidated two potential witnesses
against the Yucca Mountain Project. Senators Harry Reid and John Ensign, who are
opposed to the use of Yucca Mountain as a spent fuel repository, believe that
DOE may have influenced two employees not to testify at a hearing that was held
May 28. Senator Reid organized the hearing for the Senate Energy and Water
Subcommittee to question the two employees on quality assurance issues at Yucca
Mountain, but the witnesses canceled a few days before the hearing.
DOE denies the accusations and, according to spokesman Joe Davis, "Nobody in
the Department of Energy nor anyone in the Yucca Mountain Project told people
they could not testify, period. DOE has not intimidated witnesses."
In addition to asking Ashcroft to investigate the alleged worker
intimidation, the senators also asked him to review whistle-blower protection
laws to ensure that employees would be protected from being fired or harassed if
they testified. DOE had already attempted to address the issue in a letter from
nuclear waste director Margaret Chu, in which she stated that DOE's goal is to "
... create an environment in which employees freely raise safety issues without
fear of harassment, intimidation, retaliation or discrimination and receive a
timely, effective and respectful response."
Robert Loux, the head of Nevada's nuclear waste office, told the Nuclear
Regulatory Commission's Advisory Committee on Nuclear Waste that the Department
of Energy's projection of 175 spent fuel shipments to Yucca Mountain per year is
unrealistic. He estimated transportation by train, the scenario preferred by the
Department of Energy, would require 355 to 1,185 shipments per year, over 38
years, to move the 70,000 metric tons of spent fuel and high-level defense
waste. He stated that transport by truck would take even longer.
However, the Department of Energy was recently told by the Nuclear Waste
Technical Review Board that, although much work still remains to be done, its
schedule for developing a transportation plan for shipping spent fuel to Yucca
Mountain is optimistic. The board recommended that a draft transportation plan
with timelines, modes of travel and routes of transportation be published as
soon as possible for public comment. A panel from the National Academy of
Sciences will conduct a study of nuclear waste transportation to decipher which
shipping method is best-rail (train) or truck. One belief is that rail would be
faster and would avoid the crowded Las Vegas area. A major drawback to shipment
by truck would be the need to upgrade some of Nevada's roads.
U.S. Representative David Hobson (R-Ohio), who chairs the appropriations
subcommittee, which has jurisdiction over Department of Energy spending, stated
his reservations about providing federal loan guarantees for new nuclear power
plants when stored fuel from current power plants does not have a storage site.
Rep. Hobson would rather first see the existence of a licensed, underground
repository before any new plants are constructed. Conversely, in June, the U.S.
Senate voted 50-48 to continue authorizing federal loan guarantees for new power
reactors in order to expand nuclear generation in the United States and keep it
current with modern nuclear technology.
The U.S. Court of Appeals dismissed an emergency motion filed by the law firm
LeBoeuf Lamb. The motion attempted to prevent the Department of Energy from
awarding nuclear waste legal service contracts to any law firm other than
LeBoeuf Lamb. The emergency motion was motivated by an April 30 letter by Energy
Secretary Spencer Abraham to Lawmakers in which he stated that the Department of
Energy would not have a competitive bid process but, rather, would conduct an
informal competitive bid evaluation.
The chosen law firm will help the department to prepare a repository license
application to submit in December for the Yucca Mountain repository. Law firms
that have pending cases against DOE regarding the civilian nuclear waste program
will not be considered due to conflict of interest.
An attorney for LeBoeuf Lamb notified the Department of Energy that it will
continue the appeal process. Oral arguments will take place in mid-September.
In a draft safety evaluation report written by the Nuclear Regulatory
Commission (NRC), a determination was made that DOE contractor Duke Cogema Stone
& Webster had not met all the safety requirements needed to construct a
mixed-oxide fuel (MOX) facility at the Savannah River site in South Carolina.
Questioned specifically were issues of fire and chemical safety and the
ventilation system of the proposed facility.
The plant, which will be used to convert weapons-grade plutonium into MOX
fuel for use in commercial nuclear reactors, needs NRC authorization to be
constructed. If constructed, the plant would be a step forward in the
nonproliferation agreement between the United States and the Russian
Federation.
Groundbreaking for two mixed-oxide fuel (MOX) plants that was slated for the
first quarter of 2004 now is planned for July 2004. A Nuclear Security
Administration official said the United States could have been ready to begin
construction on its plant in early 2004, but delaying would allow the Russian
program to catch up. The U.S. program may be subject to further delays if
opponents are successful in mounting legal challenges. The facility, located in
South Carolina, is being scrutinized by advocacy groups that are emphasizing
environmental justice concerns. A recently issued draft environmental impact
statement says that, in the unlikely event of an accident at the MOX plant,
low-income and minority populations could be most affected.
Private Fuel Storage LLC (PFS), a consortium of eight nuclear facilities that
plans to build a temporary facility in Skull Valley, Utah, to store spent
nuclear fuel rods from commercial power plants, experienced a delay in the
licensing of its facility by the U.S. Nuclear Regulatory Commission (NRC). The
NRC's Atomic Safety and Licensing Board (ASLB) issued a decision that PFS must
fully address the probability of a military jet crash into the proposed storage
facility, since the air space overhead is heavily used by the U.S. Air Force and
a plane crash is considered a "credible accident." Officials from both PFS and
the NRC met in mid-June to discuss the recent PFS report that included
assumptions and methods it used to analyze the consequences of plane,
specifically an F-16, crashing into a spent fuel cask. The Atomic Safety and
Licensing Board hopes to issue a decision on the analysis by December 2003.
In May, Energy Secretary Spencer Abraham announced that the department will
be seeking bids to manage the Los Alamos National Laboratory. The laboratory has
been managed since its construction by the University of California; its
contract expires in September 2005.
The secretary cited "systematic failures" on the part of management in 2002
as the reason for the changes in administration. Prior to that, the lab dealt
with the scandal involving Dr. Wen Ho Lee, who was accused of giving U.S.
nuclear secrets to China. The University of California may consider submitting
its own bid.
A Nuclear Regulatory Commission Atomic Safety and Licensing Board panel
found that the proposed site of an independent spent fuel storage installation
on the Skull Valley Indian Reservation in Utah would be able to handle an
earthquake. The state of Utah had indicated several seismic-related concerns
about the subsurface soils at the site and had raised questions about the
stability of the casks during an earthquake. The site, about 50 miles southwest
of Salt Lake City, is located between four fault lines. Private Fuel Storage LLC
was able to demonstrate-through studies and testimony about the design of the
facility-that an earthquake would cause little damage and any consequences would
be within federal health and safety standards. Even so, the Nuclear Regulatory
Commission stated that the decision does not pave the way for issuance of a
facilities license.
Department of Energy contractor Fluor Hanford began draining liquid sodium
from the Fast Flux Test Facility (FFTF) in April, beginning the reactor's
shutdown process. Supporters of the facility believe that dismantling the
reactor signifies an end to nuclear and medical advancement. Proponents and
opponents both agree that the removal of the liquid sodium effectively marked
the end of a battle over the fate of the facility. The reactor had been on
standby since 1992, and its closure leaves no fast breeder reactors in the
United States.
The Nuclear Regulatory Commission's inspector general's office is
investigating the results of a study on spent fuel shipping casks. The study,
modeled after an unconnected chemical fire in a Baltimore tunnel, concluded that
the safety of a spent fuel cask would not be compromised in a 1,500 degree Fo
tunnel fire for seven hours. The investigation stems from a consultant's
comments that suggested that staff at the National Institute for Standards and
Technology, where the study was done, felt pressured to focus on analysis
supporting NRC's regulatory standards. The state of Nevada also conducted
similar studies, but its studies concluded that there could be radioactive
releases from the casks. The NRC will continue to test casks to determine how
they will perform in a variety of accidents.
Another separate investigation will address whether the NRC took appropriate
action in regard to charges that nuclear waste containers in several states were
defective. Two interest groups initiated the investigation over possible cask
welding problems based on an audit performed by a former employee of one of the
top nuclear plant operators, Exelon Corp. The suspect casks, manufactured by
Holtec International, are currently being used at plants in Georgia, Illinois,
New York, Oregon and Washington.
This summer, the Nuclear Regulatory Commission expects to receive
applications for two new fresh fuel transportation casks. Westinghouse will
introduce "Traveller," a transport cask that will hold fresh pressurized water
reactor (PWR) fuel assemblies. Global Nuclear Fuels, with its partner Framatome,
will unveil a Japanese-based design that will transport fresh boiling water
reactor (BWR) assemblies. Nancy Osgood, an NRC project manager, stated that this
second generation of casks is necessary to update old designs.
Holtec International will supply 16 Hi-Storm 100 concrete and steel storage
overpacks along with 16 multipurpose canisters to Public Service Enterprise
Group (PSEG) for its dry storage needs at the Hope Creek plant in Salem, New
Jersey. Loading of the first four casks will begin in 2006 and continue with
four casks being loaded annually, for four consecutive years.
In December 2002, PSEG announced that NAC International had been selected to
fulfill the company's dry storage needs, but for undetermined reasons the
utility chose to switch vendors. One factor that may have caused PSEG to switch
vendors is questionable financial health of NAC. The decision does not affect
NAC presence in the dry storage business. NAC International cites $30 million in
new contracts with Maine Yankee and the U.S. Department of Energy and hopes to
make several more deals with both American and foreign utilities.
Xcel Energy and the Prairie Island Mdewakanton Dakota Tribal Council have
reached an agreement regarding the Prairie Island spent fuel storage facility in
Minnesota. Legislation passed in May allows Xcel to increase spent fuel storage
casks in order to keep the plant in operation until its current license expires.
Xcel will pay the tribe $2.25 million per year over the remaining life of the
plant under its current contract and $1.45 million for each following year of
operation. In addition, Xcel is expected to increase its obligation to renewable
energy.
The prime sponsor of the legislation, Representative Torrey Westrom, believes
the bill passed due to several changes that have occurred during the last
decade, including congressional approval of Yucca Mountain as a repository and
the support of the Prairie Island Indian Community.
The National Spent Nuclear Fuel Program may be transferred from the Office of
Environmental Management to the Office of Civilian Radioactive Waste Management.
The Department of Energy program provides technology and guidance for the
management of spent fuel and also supports the repository project at Yucca
Mountain, Nevada. The department cites the sprawling oversight of the nuclear
weapons cleanup program as the reason for the transfer.
NRC NOTES
The Nuclear Regulatory Commission is reviewing six of the 19
open items in the draft safety evaluation report for the mixed-oxide fuel (MOX)
facility at the Department of Energy's Savannah River Site in South Carolina.
The remaining 13 items will be reviewed when the Nuclear Regulatory Commission
receives the additional information requested from Duke Cogema Stone &
Webster, which was hired by the Department of Energy to build the mixed-oxide
plant. The first draft safety evaluation report issued in 2002 contained 56
items; at one point, the number was at 66.
An area the Nuclear Regulatory Commission has cited as
incomplete is the explanation of the fire barriers to be used at the plant. The
Nuclear Regulatory Commission considers the barriers that Duke Cogema Stone
& Webster plans to use in construction inadequate to address the margin of
safety required. Another highlighted issue in the safety evaluation report was
the possible chemical reaction associated with reprocessing, which produces an
organic compound containing tributyl phosphate, which commonly is referred to as
"red-oil." Duke Cogema Stone & Webster has provided the procedures to be
followed to deal with red-oil, but the Nuclear Regulatory Commission concluded
that the approach does not encompass all Department of Energy practices. The
final safety environmental report should be issued by September 2003.
In July, the Nuclear Regulatory Commission held four meetings
to allow the public to give input on an updated publication, Generic
Environmental Impact Statement for License Renewal of Nuclear Plants. The
generic environmental impact statement (GEIS) pinpoints environmental effects
and issues that may be linked to license renewals at nuclear power plants. The
NRC is allowe the public to comment on issues they feltshould be included in the
GEIS update.
Dr. Nils Diaz has been appointed by President George W. Bush as
chairman of the Nuclear Regulatory Commission. Diaz who succeeds Richard
Meserve, is in his second five-year term as an NRC commissioner. His current
term runs until June 2006. Mr. Diaz will be responsible for policy rulemaking;
issuing regulations; and guiding procedures to protect public health and safety,
the environment and general defense and security.
Three new security rules, aimed at keeping nuclear reactors safe from
terrorist threats, have been issued by the Nuclear Regulatory Commission. The
rules address security personnel training requirements, the range of threats
they must be prepared to meet, their work hours and training qualifications and
background checks of all plant personnel.
The security changes have drawn criticism from some because they were adopted
without public input and in a manner many feel was secretive. Nonetheless, NRC
Chairman Nils Diaz stated that, "With the completion of these complementary
orders, the public should be reassured that the nation's nuclear power plants
are well-secured against potential threats."
- Twenty-three storage casks have been loaded at the Trojan Plant in Oregon.
Holtec International plans to load the 33rd cask by the end of July and then
will remove fuel racks and other materials from the spent fuel pool. In all,
34 casks will be loaded.
- NAC International NAC-UMS casks are being loaded by Arizona Public Service
at the Palo Verde plant. In March, the first two spent fuel storage casks were
loaded and plans call for loading four casks this summer, four next summer,
and then eight each year until the end of the project.
- Transnuclear Inc. (TN) met with Nuclear Regulatory Commission staff to
discuss TN quality assurance issues. Although TN was cited for quality
assurance problems in summer 2002, the company president vowed to identify any
generic problems and bring TN's program into compliance with NRC regulations
in about a year.
- The Nuclear Regulatory Commission was notified by Connecticut Yankee in
April that it will begin transporting spent fuel from Haddam Neck into dry
storage in early fall 2003. Licensees are required to give 90 days' notice
before cask loading begins. Connecticut Yankee intends to use the NAC
International NAC-MPC cask. In other news, the plant recently terminated its
decommissioning contract with Bechtel Power in a dispute over several issues,
including Bechtel's failure to remove the reactor vessel by the end of 2000.
Bechtel denies that it neglected to perform its obligations.
- May 7 was the effective date for a rule amending a certificate of
compliance for the FuelSolutions cask system W-21 canister. The technical
specifications of the W-21 canister allow it to be returned to the transfer
cask in case of off-normal storage conditions, as opposed to the older
technical specifications that require returning the canister to the spent fuel
building. The new technical specifications also allow 270 days to return the
canister to a repaired or replaced storage case instead of requiring that all
fuel be removed from the canister. The Consumer Energy's Big Rock Point plant
near Charlevoix, Michigan, is the only user of the FuelSolutions system.
- The NRC's Atomic Safety and Licensing Board held closed oral arguments on
June 3 on Maine's request for a hearing to evaluate the interim safeguards and
security compensatory orders for independent spent fuel storage installations.
Maine's concerns relate specifically to the requirements and costs that the
orders place upon state and local public safety and emergency response
agencies.
- February 13, 2004, is the targeted date for renewing the license and
safety evaluation report for an independent spent fuel storage installation at
the Surry nuclear power plant near Surry County, Virginia.
- A lengthy request for additional information was issued on May 1 by the
Nuclear Regulatory Commission to Holtec International. The request relates to
a second amendment request for the Hi-Storm 100 storage system. The amendment
would boost the system's heat load from under 30 kilowatts to 40 kilowatts add
damaged fuel to the authorized contents of the 32-Assembly Pressurized Water
Reactor Fuel Basket, and authorize a new Multi-Purpose Canister32-F for intact
and damaged fuel. The NRC was prompted to request additional information
because of the newly proposed methods. Christopher Regan, the NRC project
manager, said he did not see anything that would be technically
insurmountable. Holtec submitted the application March 2002 and expects
approval in November 2003.
- The last of the spent fuel from the Yankee Rowe plant was put in storage
on May 31. In total, 533 fuel assemblies have been stored since June 2002.
Still remaining is greater-than-class-C waste, which was moved to storage in
June 2003.
- The Nuclear Regulatory Commission may hold workshops on the process of
allowing cask manufacturers to make changes to their cask designs without
prior approval from the NRC. The possibility of the workshop was brought up
during a meeting with NRC and the Nuclear Energy Institute. The workshop will
address permissible changes for casks under 10 CFR 72.48.
- Holtec International answered some of the NRC queries for more information
on its application to amend the Hi-Star 100 cask's transport certificate.
Still unanswered were questions regarding burnup credit, which were addressed
in July. The partial responses were submitted to speed up approval of the
amendment so that nuclear plants that need to commence decommissioning and
stay on schedule can do so.
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