NV Governor and AG speak against DOE plutonium shipment

kolotv.com | RENO January 30th, 2019

See video of news conference by governor & attorney general of Nevada, angry about DOE’s secret shipment of plutonium from SRS to NV, with SRS Watch comments: https://www.kolotv.com/content/news/505096611.html

Filings by State of Nevada in Nevada district court, in plutonium shipment docket (3:18-cv-00569), January 31, 2019:
PLAINTIFF’S MOTION FOR A TEMPORARY
RESTRAINING ORDER
(REQUEST FOR RULING BY JANUARY 31, 2019)

PLAINTIFF’S STATUS REPORT

PLAINTIFF’S MOTION FOR A STATUS HEARING

energy.gov | WASHINGTON D.C. – The Department of Energy’s National Nuclear Security Administration (DOE/NNSA) is committed to protecting the health, safety, and security of the public at all of our sites as we conduct our important national security missions.  The recent plutonium shipments to the Nevada National Security Site were undertaken to comply with an order issued by the U.S. District Court in South Carolina.

It is inaccurate to state that the Members of the Nevada delegation were not informed of this movement. The Department of Energy was as transparent as operational security would permit. Efforts were made to ensure that Members of Congress representing the states involved were notified of the planned movement ahead of time, as early as August 2018 when NNSA publicly released the plan in a Supplement Analysis. Since then, NNSA confirmed that it was “actively engaged” in removing one metric ton of plutonium from South Carolina to Nevada, Texas, and New Mexico.**

It is also inaccurate to characterize this material as “waste”. This material is essential for maintenance of the U.S. weapons stockpile, and is handled with the highest standards for safety and security. NNSA routinely ships this type of material between its sites as part of our national security missions and has done so safely and securely for decades.

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**Aiken Standard, “NNSA: Weapons-grade plutonium will be moved out of SC this year, next year” www.aikenstandard.com

Plutonium Pit Production NEPA Talking Points

LANL Molten Plutonium for Pit
Molten plutonium in a crucible. 

The National Environmental Policy Act (NEPA) is the landmark environmental law which requires executive agencies to give the public the opportunity to formally review and comment on major federal proposals. These talking points outline the history of the Department of Energy’s NEPA compliance on its various proposals concerning the production of plutonium pits (the fissile cores of nuclear weapons). The conclusion is that DOE’s semi-autonomous National Nuclear Security Administration (NNSA) is legally required to prepare a supplemental programmatic environmental impact statement (PEIS) on its current plan to expand plutonium pit production.

There are at least three reasons why NNSA must complete a supplemental programmatic environmental impact statement for expanded plutonium pit production:
1)    Implementing regulations for the National Environmental Policy Act stipulate that “DOE shall prepare a supplemental EIS if there are substantial changes to the proposal or significant new circumstances or information relevant to environmental concerns…” 10. C.F.R. § 1021.314
2)    As precedence, since 1996 there have been five programmatic environmental impact statements related to pit production and its expansion. It is legally unlikely that NNSA could implement its current plan to expand plutonium pit production without a new supplemental PEIS.
3)    Now that NNSA is planning to produce more than 50 pits per year (or more than 80 pits under multiple shift operations), it is obliged by the 1998 court order to prepare a new PEIS.
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Permit Changes at WIPP Face Challenges

U.S. Sen. Tom Udall of New Mexico wants Gov. Michelle Lujan Grisham’s new administration to take a fresh look at a state decision to change how the volume of radioactive waste stored at the Waste Isolation Pilot Plant is measured. (Courtesy of Judiciary.Senate.Gov)

By Mark Oswald | Journal Staff Writer

abqjournal.com | Sunday, January 13th, 2019 at 12:01am

U.S. Sen. Tom Udall is encouraging Gov. Michelle Lujan Grisham’s new administration to reconsider a state government decision made just before she took office Jan. 1 that changes how radioactive waste volume is measured at the Waste Isolation Pilot Plant, in effect allowing more waste to placed in the underground repository near Carlsbad.

Udall said last week that limits on how much waste WIPP can hold were critical to federal-state negotiations that led to WIPP’s creation “and were a major reason New Mexico agreed to this mission in the first place.”

“I am encouraging the new administration to take a hard look at this action, and hopeful that it will pause and reconsider this last-minute change that has major ramifications for our state,” the senator said in an email statement.

The controversial state permit modification for WIPP, approved by then-New Mexico Environment Department Secretary Butch Tongate on Dec. 21, changes the way waste volume is calculated to exclude empty space inside waste packaging. With the alteration, WIPP becomes only about a third full instead of 50 percent full.
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An inspector monitors radiations around containers at Los Alamos National Laboratory in 2003 prior to shipping nuclear waste to the Waste Isolation Pilot Plant near Carlsbad. New Mexican file photo; Drums of transuranic waste are stored inside a salt cavern at the Waste Isolation Pilot Plant in Carlsbad in 2006. Los Angeles Times file photo

By Rebecca Moss rmoss@sfnewmexican.com

santafenewmexican.com | Jan 5, 2019 Updated Jan 6, 2019

In the final days of Republican Gov. Susana Martinez's administration, the state Environment Department approved a controversial change to how federal officials measure the amount of nuclear waste buried some 2,000 feet underground in Southern New Mexico salt beds.

Proponents of the change say it merely clarifies that the storage site will measure the actual volume of transuranic waste deposited there rather than the volume of the massive exterior waste drums, called overpack containers — and the air inside. But critics say the result will be an increase in the quantity of material stored at the U.S. Department of Energy's Waste Isolation Pilot Plant near Carlsbad.

Several nuclear watchdog groups, which say they intend to appeal the decision, also fear the change in WIPP's hazardous waste permit from the state could open the door to allowing high-level nuclear waste to be brought into New Mexico.

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