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People will have through Dec. 26 to provide feedback to a rule published by the Low-Level Radioactive Waste Disposal Compact Commission (the Commission) this weekend that could allow radioactive waste to be shipped from around the country to Andrews County for storage.

As proposed, the rule would give up to 36 states the ability to apply for the disposal of low-level radioactive waste at the Waste Control Specialists site in Andrews County. Presently the guidelines allow only Texas and Vermont — both states part of the compact that was initially established in 1998 — to ship waste there.

On Nov. 13 the Commission voted to allow for the publishing of the rule.  The rule was published in the Texas Register for public review on the Friday after Thanksgiving.  Comments being submitted on the document must be e-mailed or postmarked by midnight on Dec. 26, said Margaret Henderson, interim executive director of the commission.

Public Citizen believes the rule puts Texans in danger. The comment period should be longer than 30 days and the adoption of the rules should be put on hold at least until the Legislature convenes in January.

The comment period taking place now is the last step before the rule is accepted.

We will post additional information on how to comment with some suggested topics later this week.

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By promoting cleaner energy, cleaner government, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.

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The Texas Low Level Radioactive Waste Disposal Compact Commission TLLRWDCC will meet in Midland, Texas a week from Saturday (November 13th) to reconsider adopting a rule that was withdrawn in July that would allow for export of low-level radioactive waste for management and disposal from facilities outside of the Texas Compact, this will be followed by a host of generator petitions to ship low-level radioactive waste to Texas facilities.  For those that have been following our blogs on this, that means to the Waste Control Specialists (WCS) facility in Andrews County out in West Texas.  The Compact Commission will receive public comment, discuss and take formal action, as appropriate, on items on the agenda below until it adjourns.

November 13, 2010 at 10:00 a.m.

University of Texas of the Permian Basin
Center for Energy and Economic Diversification
1400 Farm-To-Market Road 1788 N
Midland, Texas.

To see the proposed rule, click here.
To see the proposed additions to the draft rule from Compact Commision chair, Mike Ford, click here.

TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT COMMISSION AGENDA (more…)

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Rick Perry’s latest campaign cash report shows Harold Simmons has just given Perry another $250,000 at the same time that he’s seeking permission to expand his Andrews County radioactive waste dump so 36 other states can dump their “low-level” radioactive waste right here in Texas.  This brings Simmons’ contributions to Perry up to almost $900,000.

WCS and a political money trailSimmons’ company (WCS or Waste Control Specialists) is currently waiting for a decision from the Texas Low Level Radioactive Waste Disposal Compact Commission (TLLRWDCC, even their acronym is a mouthful) as to whether or not they can bring in radioactive waste from 36 states and dump it. The Commission, comprised of 8 members, 6 of whom are Perry appointees and 2 of whom are appointed by Vermont (the other state in the compact), was set to rule earlier this year but now has delayed its ruling until after the election.

If this isn’t influence pedaling, it sure has the appearance of “paying to get your way”.

For more information about the WCS dump and to see the request for investigation that the Sierra Club and Public Citizen filed with the NRC and EPA, go to www.nukefreetexas.org.

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By promoting cleaner energy, cleaner government, cleaner cars, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.

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UPDATE: Safety panel hearing in the news: at the Houston Chronicle and the San Antonio Express News

Citizen opposition to two proposed nuclear reactors at the South Texas Project continues with another success. On August 27th the Atomic Safety and Licensing Board (ASLB) Panel found that the nuclear applicant, South Texas Project Nuclear Operating Company (STPNOC), had failed to adequately analyze issues raised by concerned citizens in their Petition to Intervene in the proposed expansion at STP.

“This is a major victory for those living in the South Texas Project region and throughout Texas,” said Karen Hadden, Executive Director of the SEED Coalition. “The decision recognizes that the South Texas Project reactor application is still inadequate, two years after it was submitted. We now have a case against the reactors that will move forward.”

SEED Coalition, Public Citizen and the Bay City based South Texas Association for Responsible Energy (STARE) are Intervenors in the case. Attorney Robert V. Eye went before the ASLB Panel in June and argued the admissibility of 28 contentions challenging the license application for two additional reactors, Units 3 and 4, at the South Texas Project. The ASLB Panel has ruled on 19 of the 28 contentions submitted and found that one of the contentions deserved further inquiry, giving Intervenors a case against the reactors. It is not known when a decision will be made on the remaining contentions.

“South Texas Project’s reactor application is seriously flawed.” said Mr. Eye. “They failed to analyze how a severe radiological accident or a major fire or explosion at any of the four units would impact the other remaining units at the site. This is a major omission and the issue should have been considered by STP.” The contention reads:

Contention 21 – Impacts from severe radiological accident scenarios on the operation of other units at the STP site have not been considered in the Environmental Report.

“A radiological accident at one unit could cause impacts and disruptions in operations at the other units,” said one of the Intervenors, Bill Wagner, a former STP Operations Supervisor. “How would operations at undamaged units continue in the event that the entire site becomes seriously contaminated? STP needs to address this.”

Water Issues Are Yet to be Decided

The ASLB panel delayed a decision on all nine of the Intervenors’ contentions that deal with water issues. The issues yet to be ruled on include: the build-up of radioactive particulate in STP’s Main Cooling Reservoir (MCR), increasing levels of groundwater tritium, the vulnerability of the MCR to flooding, insufficient limits on toxic discharges, reliance on dilution to achieve discharge standards, unregulated wastewater discharge, unevaluated reduction in groundwater supply for adjacent landowners, unevaluated reduction in surface water flow, and inadequate supplies of fresh water due to global warming impacts.

“Nuclear plants consume enormous amounts of water and are vulnerable to shutdown during drought and reduced river flows. The two proposed reactors would use over 23,000 gallons of water every minute.This is a real one-two punch. Not only would STP’s operations reduce water supplies for cities like Austin or San Antonio, but the plant might not even be able to operate if the Lower Colorado River has severely reduced flows from drought,” said Hadden. “These problems don’t exist for wind, solar and geothermal sources to generate electricity.”

“The current water shortages in our area are hitting us hard,” said Susan Dancer, a local wildlife rehabilitator and Chair of South Texas Association for Responsible Energy. “Livestock suffer since hay and other feedstuffs are in incredibly short supply and there is no grass left. We have personally spent over $5000 this summer having hay trucked in from other areas on semis and have gone deep into debt trying to keep the livestock fed and healthy. Everyone here is in the same situation, so selling off stock is not an option. Prices are at all-time lows due to the large number of producers who are dumping stock at the markets already.”

“Texas is in a Stage 4 drought and has been declared a disaster area. The Texas Department of Agriculture says there are no programs available to assist us,” said Dancer. “Granting more water to industry, especially nuclear reactors that consume vast quantities of water, is not an option. This drought and others to come may be even worse.”

When it comes to water, San Antonio and Central Texas citizens are feeling the pain as well. On Monday, the San Antonio Water System filed suit for breach of contract against the Lower Colorado River Authority for $1.23 billion. The suit claims that the water-sharing project was killed by the river authority to make sure there would be enough water for power plant deals in Matagorda County. At the same time CPS Energy, the San Antonio municipal utility, seeks to be a partner in the proposed nuclear reactors for Matagorda County. Will San Antonio have to decide which matters most, electricity from nuclear reactors or water for drinking?

Large Fires and Explosions that Cause Loss of Coolant and Meltdown

On August 14th, the Intervenors filed seven more contentions regarding STP’s failure to comply with a new NRC fire safety rule which says each licensee must “develop and implement guidance and strategies intended to maintain or restore core cooling, containment, and spent fuel pool cooling capabilities under the circumstances associated with loss of large areas of the plant due to explosions or fire.” The NRC now requires nuclear plants to deal with explosions and fires that would occur from the impact of a large commercial airliner. STP claims that their submittal brings them in accordance with the new NRC rule. Intervenors and their expert argue the opposite in the contentions. However, the Intervenors’ contentions that argue STP has failed to meet the fire and explosion regulatory requirements, STP’s submittal, and related documents are considered classified by the NRC and are not available to the public.

The NRC has also recently adopted regulations that require all applicants for new reactor licenses, including STP, to complete “a design-specific assessment of the effects of the impact of a large, commercial aircraft.” After 9/11 the NRC did its own assessments of aircraft impacts using state-of-the-art techniques and “realistic predictions of accident progression and radiological consequences.” “This regulation recognizes that nuclear plants are vulnerable to air attacks with potentially catastrophic effects,” said Hadden. “Nuclear plants could become weapons if targeted by those who would do us harm.”

The full order can be viewed online at www.NukeFreeTexas.org.

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Oral Hearing Set for June 23rd-June 24th in Bay City, TX

Citizen opposition to more nuclear reactors in Texas continues. On June 23rd-24th an oral hearing will be held before the Nuclear Regulatory Commission’s Atomic Safety and Licensing Board on the Citizens’ Petition to Intervene in South Texas Project (STP) Nuclear Power Plant Units 3 and 4.

SEED Coalition, Public Citizen and South Texas Association for Responsible Energy are petitioners seeking to intervene in the proposed expansion of South Texas Project.

“Building two more nuclear reactors at STP is not in the best interest of the local community,” said Susan Dancer, a local wildlife rehabilitator. “Pursuing the most expensive and most water intensive energy source in a time of extraordinary drought and economic recession makes no sense. The local community will get stuck with more radioactive waste and bear heavy infrastructure costs if the proposed reactors get built. The existing reactors have not solved local economic problems.” Dancer chairs the Bay City based organization South Texas Association for Responsible Energy (STARE).

Attorney Robert V. Eye will represent the petitioners before the designated Atomic Safety and Licensing Board Panel and argue the admissibility of the 28 contentions citizens filed with the Nuclear Regulatory Commission on April 21st. These contentions point out the inadequacies and the incompleteness of South Texas Project Nuclear Operating Company’s (STPNOC) combined operating license application (COLA) to construct and operate South Texas Project Units 3 and 4. NRG Energy and San Antonio’s municipal utility CPS Energy are both applicants for the proposed reactors, which fall within STPNOC.

“NRG has failed to comply with new federal regulations regarding aircraft impacts,” stated Mr. Eye. “These new regulations are very specific and require the applicant to plan for catastrophic fires and/or explosions that would cause the loss of major critical functional components in the plant. After 9-11, an aircraft attack on a nuclear power plant is a real and credible threat. Moreover, fire hazards represent about half of the risk of a nuclear reactor meltdown. NRG’s noncompliance with these regulations puts citizens around South Texas Project in a dangerous position, which is completely unacceptable.” (more…)

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stop nukeOral Hearing Set for June 10th-11th in Granbury, TX

Citizen opposition to more nuclear reactors in Texas continues. On June 10th-11th an oral hearing will be held before the Nuclear Regulatory Commission’s Atomic Safety and Licensing Board on Citizens’ petition to intervene in Comanche Peak Nuclear Power Plant Units 3 and 4.

“I have many grave concerns about building more nuclear reactors in Texas,” said Texas Representative Lon Burnam, District 90, Ft. Worth, one of the petitioners seeking to intervene in the proposed expansion of Comanche Peak. “The risks are simply too high. As the most expensive and most water intensive energy source, and with the unsolved problem of how to handle the radioactive waste, Texans deserve better.”

SEED Coalition, Public Citizen and the Ft. Worth-based True Cost of Nukes are also petitioners. Attorney, Robert V. Eye, will go before the designated Atomic Safety and Licensing Board Panel and argue the admissibility of the 19 contentions citizens filed with the Nuclear Regulatory Commission on April 6th. These contentions point out the inadequacies and the incompleteness of Luminant’s combined operating license application (COLA) to construct and operate Comanche Peak Units 3 and 4.

“Luminant has failed to comply with new federal regulations regarding aircraft impacts,” stated Mr. Eye. “These new regulations are very specific and require the applicant to plan for catastrophic fires and/or explosions that would cause the loss of major critical functional components in the plant. After 9-11, an aircraft attack on a nuclear power plant is a real and credible threat. Moreover, fire hazards represent about half of the risk of a nuclear reactor meltdown. Luminant’s noncompliance with these regulations puts citizens around Comanche Peak in a dangerous position, which is completely unacceptable.”

“Nuclear power is dangerous, expensive and obsolete,” says Karen Hadden, Executive Director of Sustainable Energy and Economic Development (SEED) Coalition. “Wind energy is booming and the cost of solar is coming down, while the costs of proposed nuclear plants is skyrocketing. Although they’re required to do so, Luminant failed to fully consider safer, more affordable alternatives to nuclear in their license application.” (more…)

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Rep. Lon Burnam’s bill, HB 3423, will be heard on Wednesday, April 1st, in the House Committee on Environmental Regulation hearing at 10:30 AM or upon adjournment, in E1.014. If you are able to come, we’re trying to get as many people as possible to register their support of this bill (by filling out a witness affirmation form). That’s right, officially registering your opinion on a bill is as simple as filling out a card.  The bill closes the Compact Loophole, and requires other states who want to send radioactive waste here to get legislative approval first.

The Compact Agreement was originally between Texas, Maine and Vermont.  Maine pulled out of the Compact, and now Texas and Vermont are able to send their radioactive so-called “low-level” waste to be stored at the Andrews County dump in West Texas. A loophole in the Compact Agreement allows any state to send radioactive waste to Texas. We don’t need to be the nation’s nuclear dump!

The license for that dump was recently issued by the TCEQ, and the agency wrongly denied the opportunity for a contested case hearing (read: locals were not allowed to voice their opposition in any formal environment). Three long-term scientists at TCEQ recommended denying the permit — and actually left their jobs for ethical reasons once the permit was approved. The science is NOT solid for the Andrews County radioactive waste dump – and there are concerns that radionuclides could come in contact with underground water. It is possible that contamination could spread to the Ogallala Aquifer, which underlies eight states, including the nation’s wheat growing region.

96% of the radioactive waste slated  for the site would be from nuclear reactors — everything except the fuel rods. Radionuclides in the waste are dangerous today and remain dangerous for thousands of years. A recent Nuclear Regulatory Commission ruling reclassified depleted uranium from reprocessing, putting it into a less hazardous (Class A) category. Now up to 1.4 million tons of depleted uranium could go to the West Texas site and/or Clive, Utah sites.

If you can’t make it in person, calls to the Environmental Regulation committee in support of Burnam’s bill are needed! If you are a constituent, please let them know that.

Rep. Byron Cook (Chair) – 512-463-0646, Byron.Cook@house.state.tx.us
Rep. Warren Chisum (Vice-Chair) – 512-463-0736, Warren.Chisum@house.state.tx.us
Rep. Lon Burnam – 512-463-0740, (it’s his bill, give him a call to say thanks.)
Rep. Jim Dunnam – 512-463-0508, Jim.Dunnam@house.state.tx.us
Rep. Jessica Farrar – 512-463-0620, Jessica.Farrar@house.state.tx.us
Rep. Kelly Hancock – 512-463-0599, Kelly.Hancock@house.state.tx.us
Rep. Ken Legler – 512-463-0460, Ken.Legler@house.state.tx.us
Rep Marc Veasey – 512-463-0716, Marc.Veasey@house.state.tx.us
Rep. Randy Weber – 512-463-0707, Randy.Weber@house.state.tx.us

For further background on the Andrews County dump, check out Forrest Wilder’s article from the last Texas Observer, Waste Texas: Why Andrews County is so eager to get dumped on. Or if you’re more the auditory type, listen to the podcast.

Check out the press release after the jump.

(more…)

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