Editor’s note: This article is by Bob Audette of the Brattleboro Reformer, in whch it was first published Oct. 28, 2014.
BRATTLEBORO — The attorneys general of Vermont, New York and Connecticut are calling on the U.S. Court of Appeals for the District of Columbia to overturn a decision made by the Nuclear Regulatory Commission concerning the storage of spent nuclear fuel.
“This is round two of our litigation efforts to get the NRC to do the required environmental review of the long-term storage of spent nuclear fuel,” said Vermont Attorney General Bill Sorrell.
In 2012, a federal court rendered a decision ordering the NRC to conduct a full environmental analysis of the fuel storage issue. The NRC did so, but it did not measurably alter its finding that it is safe to store nuclear waste at “host communities” around the country until the U.S. Department of Energy has the ability to store it in a centralized geological repository.
“We thought that the court’s earlier ruling would lead the NRC to fully evaluate the environmental impacts of long-term fuel storage, but it did not, so we are going back to court to ensure that the NRC complies with its legal obligations,” Sorrell said.
New York Attorney General Eric Schneiderman noted in a news release that the three states won a landmark ruling in 2012 requiring the NRC to perform a full and detailed assessment of the risks involved in the long-term, on-site storage of highly radioactive materials at the nation’s nuclear power plants.
“However, in responding to that ruling, the NRC has turned its responsibilities on their head — focusing on issues that are unrelated to the risks posed to the environment, public health, and safety,” stated Schneiderman. “The NRC’s approach is wrong and illegal …”
In the complaint filed with the appeals court, the plaintiffs alleged the NRC “acted arbitrarily, abused its discretion, and violated the National Environmental Protection Act …” and its own policies and regulations.
In late August, the NRC issued its final rule on continued storage of spent fuel, renaming its “Waste Confidence Decision” as “Continued Storage of Spent Nuclear Fuel Rule.”
The ruling stated nuclear waste can be safely managed in dry casks indefinitely.
“Because Vermont Yankee and other nuclear power plants have unfortunately become long-term storage facilities for spent nuclear fuel, Vermonters have a right to know the environmental impacts of storing this fuel,” Sorrell said.
The lawsuit asks the court to vacate the rule and send it back to the NRC for a more complete environmental analysis.
Bob Audette can be reached at raudette@reformer.com, or at 802-254-2311, ext. 160. Follow Bob on Twitter @audette.reformer.
