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IN
THIS ISSUE...
- State Questions Potential
Environmental Affects of Department of Energy’s Proposed Caliente Rail
Route to Yucca Mountain
- Outrage of the
Week
State Questions Potential
Environmental Affects of Department of Energy’s Proposed Caliente Rail
Route to Yucca Mountain
Nevada rebuts DOE claims that
little to no nuclear waste will pass through Las Vegas
Valley
Despite
claims by the U.S. Department of Energy (DOE) to the contrary, the State
of Nevada believes there is no way high-level nuclear waste can be
transported by rail to the proposed Yucca Mountain repository without a
large percentage of it passing through the heavily-populated Las Vegas
Valley.
The
state’s comments are contained in a 120-page document submitted recently
to the DOE in response to a draft environmental report covering the DOE’s
plans to build a railroad on a circuitous route from Caliente in rural
Lincoln County
to the proposed repository 100 miles northwest of Las
Vegas.
“The DOE
would have us believe that the Caliente rail route would allow nuclear
waste to bypass the Las Vegas
Valley, but it simply does not do that,” said Bob Loux, executive director
of the state’s Agency for Nuclear Projects. “Any waste coming to
Yucca Mountain from Southern California and Arizona would have to go
through Las Vegas, and in winter months, rail shipments coming from Texas
through New Mexico and Arizona and into California would pass through
Barstow (Calif.), and the only route it would have to Yucca Mountain from
there would be through Las Vegas.”
Loux
added that the DOE ultimately would have no say over which route private
rail carriers, such as the Burlington Northern-Santa Fe and Union Pacific,
would transport the waste to Yucca
Mountain. “The Caliente route, therefore, does not do as it is
advertised,” he said.
The DOE
claims that building the rail line from Caliente westward across the Great
Basin Desert, then south and east past Tonopah and Goldfield along the
western edge of the Nellis Air Force Range to Yucca Mountain, would
alleviate the need for any waste to pass through Las Vegas.
However,
in its final environmental report for the repository, the DOE estimated
that about 7 percent (or 660 out of 9,646 rail cask-shipments) of all rail
shipments to Yucca Mountain via a Caliente rail line would travel through
downtown Las Vegas. DOE in that report also assumed that the
remainder, or 93 percent of the total rail shipments, would use the Union
Pacific Railroad mainlines from Chicago or Kansas City, via Gibbon, Neb.,
and Cheyenne, Wyo., entering Nevada
from Utah.
In its comments of the
Caliente rail line environmental report, dated May 25 and addressed to
Robin Sweeney, EIS document manager for the DOE’s Office of Civilian
Radioactive Waste Management, the state argued, “Rail shipments through
Las Vegas could potentially account for about 89 percent of the total if
the Caliente rail line is constructed. Analyses done for the State
of Nevada, using shipment numbers from the Repository Final EIS
(environmental impact statement), conclude that up to 8,564 of the total
9,646 rail-cask shipments could traverse downtown Las Vegas.”
The state went on to say that
“Even if DOE shipped an average of three casks per train, there could be
2,854 shipments over 24 years, or an average of two train shipments per
week, through Las
Vegas.”
Current DOE policy provides
for rail carriers to determine which routes will be used for shipments to
Yucca Mountain. With four major
cross-country rail routes available for east-west shipments, “a number of
factors could result in the vast majority of shipments from the East
traveling to Nevada on the Burlington Northern-Santa Fe or Union Pacific
routes across Texas, New Mexico, Arizona, and California,” the state
said. “All rail shipments to Yucca Mountain, except those from the
Pacific Northwest and Idaho, could therefore travel to Caliente through
downtown Las
Vegas under
credible alternative routing scenarios.”
In addition to concerns over
rail shipments passing through Las Vegas, Loux said the state took issue
with several other matters contained in the DOE’s draft environmental
report. These includes accessibility to water needed to build the
rail line, adverse affects on wildlife and endangered species, including
migratory patterns for wild horses and burros, affects on ranching and
grazing livestock, and impacts on Native American lands and
sites.
The DOE is drafting an
environmental report for the rail line that will probably be released to
the public in about 18 months, Loux said. Following that, there will
be another round of hearings and public comment periods, then the
completion of a final report. “Only then would they be able to begin
actual work on the rail line,” he said.
Despite the state’s concerns,
Loux said he does not believe DOE will have the wherewithal to build the
rail line, citing high costs in terms of both time and money and
difficulties from environmental and engineering standpoints. He
added that 40 percent of the nation’s nuclear reactor sites, where nuclear
waste currently is stored, no longer have rail lines.
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Outrage of the
Week
Denial of Funds for State
Licensing Participation
The
Department of Energy recently denied Nevada’s request for additional funds
needed to effectuate the State’s participation in the Nuclear Regulatory
Commission’s licensing proceeding for the proposed Yucca Mountain
repository.
DOE’s reason
for the denial: The Department doesn’t have the authority to
allocate more money to the State absent action by Congress.
Never mind
that the Nuclear Waste Policy Act of 1982, as amended, requires the
Secretary of Energy to make funds available to the State of Nevada for a
range of activities, including State participation in NRC licensing.
True to form, DOE isn’t about to allow a little thing like a statutory
requirement stand in the way of hamstringing its principal adversary in
the licensing process.
DOE clearly understands that
Nevada will be a formidable foe when
DOE submits its application for a Yucca Mountain license to NRC late this
year. The State has already amassed considerable data that challenge
crucial DOE assumptions about site suitability and the viability of DOE’s
entire engineered repository scheme, including compelling evidence about
serious corrosion problems with the absurd 10,000 year waste disposal
containers that are the core of DOE’s Rube Goldberg repository
design.
Limiting the
State’s ability to effectively intervene in the licensing proceeding is
not just a high DOE priority. It is absolutely essential for
obtaining the required NRC license to
construct and
operate a repository. As DOE has demonstrated over and over
again in the Yucca Mountain program and elsewhere, when you know you can’t
prevail on sound scientific and technical grounds, an effective strategy
is to use underhanded politics and fiscal shenanigans to get your
way.
What about DOE’s argument that
it has no authority to provide more money to Nevada than was authorized by
Congress in the 2004 Energy and Water Development Authorization Act?
Interestingly, the fact that Congress also line-itemed a specific amount
for affected local governments’ oversight activities hasn’t stopped DOE
from lavishing extra funds on select counties over and above the
Congressional appropriation. Nye County, for example, is receiving
extra funds (in the millions) for transportation and hydrology/geology
work under separate contracts/agreements with DOE. Likewise, DOE is
in the process of handing out additional monies to Nye, Lincoln and
Esmeralda counties for activities related to the proposed Yucca Mountain
rail spur.
It seems that
DOE has no trouble awarding money without additional congressional action
when it suits its purpose – that being to reward its friends and buy
support for the Yucca program. But when it comes to finding the
funds needed to implement the statutory provision requiring State of
Nevada participation in the licensing process, DOE claims its hands are
tied.
We welcome comments and story
ideas for this newsletter. For media information, please contact
Tom Bradley, Brown & Partners, at (702) 876-5611 or via
e-mail at tbradley@brown-partners.com.
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