SENTINEL September 1998 RIH Revised text 9/29 1:55 p.m.
Bill Richardson Sworn in as Secretary Of Energy (September 1998)
Former U.S. Ambassador to the United Nations and New Mexico Congressman Bill Richardson
was sworn in as Secretary of Energy on August 18. Until the U.N. post is filled, Secretary
Richardson plans, at President Clinton's request, to continue work on intentional issues.
Secretary Richardson stated he will continue his personal policy of openness and
accessibility to the Department of Energy (DOE). In an August speech, Secretary Richardson
said that New Mexico was the staging ground for development and testing of the first
nuclear nuclear device and is the site of the world's first underground geologic
repository for nuclear waste. In the same remarks, the Secretary also said that there have
been instances where the public has lost faith of the DOE and he wants to ensure that the
relationships with contractors and stakeholders are good ones. Secretary Richardson went
on to say that the way to earn the public trust is to follow through on DOE's commitment
to get the job done including contaminated site cleanup under DOE's jurisdiction. It
appears that Secretary Richardson is already in the process of adding Native American
staff at the DOE. He has traveled to Indian country and met with tribal officials who
voiced concern about various tribal issues. Secretary Richardson has been invited to
address the General Assembly during the 55th Annual Convention in Myrtle Beach
South Carolina the week of October 19.
Anti-Indian Legislation Surfaces Around Tribal Nuclear Waste Storage Issues
An amendment aimed at blocking the Skull Valley Goshute Tribe's proposed independent
spent nuclear fuel storage installation, but which had far-reaching ramifications for all
tribes, was defeated in a congressional committee in June. The amendment prohibiting the
Skull Valley Goshutes from proceeding further with the project was tacked onto an Interior
Appropriations Subcommittee bill by Representative James Hansen (D-UT). The measure was
was defeated by a 6-5 vote. An attempt was made to introduce the amendment at the full
Interior Committee, but the amendment did not come up for a vote and therefore died
procedurally.
Tribal-specific legislation of this variety is viewed as dangerous
because it is devoid of due process hearings and tribal consultation. This tactic is
frequently utilized by anti-Indian members of congress for the very reason that it
prevents tribal input on the issues. The Skull Valley project is currently in the midst of
an NRC licensing process.
Interim Nuclear Waste Storage at Yucca Mountain Fails in Congress
Legislation designed to authorize storage of spent nuclear fuel and
high-level radioactive waste at the Nevada Test Site, were not successful again in the
current congress. In June, the Senate could not break a filibuster by Sen. Harry Reid
(D-NV) and Richard Bryan (D-NV) which would allow a vote the proposal. In the House,
companion legislation was passed last year but parliamentary procedures were not overcome
that would complete action on the bill. The legislation is the latest in a series of
attempts by the nuclear industry to remove radioactive spent fuel currently sitting at
commercial reactor sites throughout the country. The Department of Energy (DOE) - Office
of Civilian Radioactive Waste Management is under obligation to accept and dispose of the
radioactive waste according to the Nuclear Waste Policy Act of 1982, as Amended. No
federal interim storage sites are available and the DOE has not completed feasibility
studies at Yucca Mountain Nevada for a permanent disposal site. The growing issues
regarding radioactive waste transportation through states and Indian country have not
subsided. The primary concern in Indian country is the potential of environmental disaster
in a tribal community and the lack of tribal emergency preparedness programs to ensure the
safety and health of tribal populations. Tribal emergency preparedness infrastructure
issues will be addressed in the future under NWPA Section 180(c), but for now DOE-OCRWM
has placed these important matters on the back burner. The NCAI Nuclear Waste Program has
expressed its concern on the DOE policy to postpone emergency preparedness training,
exercise and technical assistance delivery to tribal governments because of the many years
it takes to develop an effective emergency management organization.
Nuclear Regulatory Commission To Address Tribal Notification
of Radioactive Waste Transportation
The Nuclear Regulatory Commission has indicated that it will take up the issue of
tribal notification of radioactive shipments under its jurisdiction. NRC regulations
provide for notification of state officials on shipments of radioactive shipments, however
tribal specific language may need to be included through a rule making process in order to
ensure tribes are notified. Without a rule making, the implementation and continuation of
the NRC notification policy could become discretionary. The tribal notification issue was
brought up in meeting and workgroups which the NCAI Nuclear Waste Program has been
involved including the Transportation External Coordination Work Group (TEC/WG). TEC/WG
for the past few years was cognizant of the shortcoming of the notification rule, but
unsure on how to proceed. The evolution of the discussions with NRC officials and DOE
officials led to exploring the NRC rule making as a solution.
The first step will be for the NRC to issue a Advance Notification of
Proposed Rulemaking (ANPR). This early stage of rule plan development is designed to
communicate with interested parties the need for the rule before significant resources are
expended. The ANPR also will determine whether a rule making should continue, be
redirected or terminated. The NRC Rulemaking Process is one of the primary duties of the
NRC to establish regulations on the safe use of nuclear materials. These regulations
address such issues as siting, design, construction, operation, and ultimate shutdown of
nuclear power plants, uranium mills, fuel facilities, waste repositories, and
transportation systems. NRC regulations also address other uses of nuclear materials, such
as nuclear medicine programs at hospitals, academic activities, research work, and the
import and export of nuclear materials and technologies.
WIPP Facility Opening Delayed Again
In the last NCAI Sentinel it was reported that the Department of Energy Waste
(DOE) Isolation Pilot Plant (WIPP) was to receive shipments of transuranic waste (tru) on
June 19, but the shipments have been postponed. In recent years, the WIPP site has
scheduled several opening dates but has yet to open. The latest delay is based on the New
Mexico State Environmental Department's dissatisfaction on the characterization of the
waste. The state wants to ensure that the shipments are not mixed waste, a combination of
radioactive and hazardous materials. The DOE agreed to provide a sampling and analysis
plan of the materials from the first shipments which will come from the Los Alamos
National Laboratory (LANL). LANL is east of Santa Fe, New Mexico, and adjacent to the
Pueblos of San Ildefonso and Santa Clara. The sampling process is underway. If the state
determines the materials to be non-mixed waste, radioactive but not hazardous, then the
state likely will allow shipments to begin.
The issues arises from the absence of the DOE to have a RCRA Part B permit which would
allow the DOE to ship mixed waste materials. The state believes that the results will be
available in January 1999. There also is a pending lawsuit against DOE-WIPP in the
Washington, D.C. federal district court awaiting a hearing. New Mexico state environmental
groups opposing the certification of the site by the U.S. Environmental Protection Agency
filed lawsuits which were consolidated. The Southwest Research and Information Center
maintains that over 200 oil and gas wells in the area make the WIPP site a poor choice for
long-term storage of nuclear waste.
Nuclear Waste Policy To Meet During 55th NCAI Annual Convention
The NCAI National Indian Nuclear Waste Policy Committee (NINWPC) is set to convene
October 20-21 during the NCAI 55th Annual Convention in Myrtle Beach, South
Carolina. The NINPWC, will meet to discuss interim storage, transportation and disposal of
spent nuclear fuel and high-level radioactive waste management. NINWPC members will
discuss the real and potential impacts of the nuclear fuel cycle to their respective
tribal cultures. Federal officials from the Department of Energy, Nuclear Regulatory
Commission and Federal Emergency Management Agency will provide programmatic and policy
initiative updates. A special presentation on the legacy of the uranium miners entitled
"Memories Come to Us in the Wind and the Rain", will be provided by Tim Benally,
Director, Uranium Education Program, Dine College. Also the fourth Intergovermental
Roundtable Dialogue on Radioactive Waste Transportation and Emergency Response will take
place on the second day. The Dialogue, chaired by noted Otoe-Missoura attorney F. Browning
Pipestem, includes representatives from the Prairie Island Indian Community, Salish and
Kootenai Disaster Emergency Services, National Conference of State Legislatures, Federal
Railroad Administration, Commercial Vehicle Safety Alliance. The NINWPC, formed in 1983,
has been supported by the NCAI Nuclear Waste Program through a cooperative agreement with
the Department of Energy Office of Civilian Radioactive Waste Management Program.