[ RadSafe ] Proposed NRC Regulation open for comment
Jeff Terry
terryj at iit.edu
Fri Apr 9 08:29:42 CDT 2010
Always a good day when you get a Robert Service mention at RadSafe.
Maybe, Yucca Mountain will rise again, like Sam McGee:
http://www.arcticwebsite.com/ServiceCremation.html
That said I am more a fan of reprocessing than burying leftover fuel
in the ground.
I would prefer to see reprocessing plants built over restarting the
Yucca Mountain project.
Jeff
On Apr 9, 2010, at 1:16 AM, Dan W McCarn wrote:
> Hi Doug & Bill:
>
> Remembering the "The Songs of a Sourdough", the wonderful poem by
> Robert
> Service, "The Shooting of Dan McGrew", I can only say, "I'm not so
> wise as
> the lawyer guys, but strictly between us two - ", I have been around
> the
> block once or twice!
>
> http://www.poetryfoundation.org/archive/poem.html?id=174349
>
> I think the petition is actually from a pro-nuclear engineer who
> believes
> that confrontation is the best solution for Yucca Mountain,
> especially in
> light of the mixed statements of the Obama Administration to build
> new power
> plants but to stop funding a waste repository.
>
> Had this been a privately financed facility, the government could
> not simply
> turn-off funding. Kane is challenging the NRC to step forward on
> this one
> issue which has caused the administration to break the agreements
> made by
> several previous administrations. As I understand it, the US
> Government is
> legally bound to provide a nuclear waste repository expeditiously
> based on
> agreements made at least 2 decades ago.
>
> I don't believe that the NRC had never found fault with the licensing
> process, either technically or procedurally. So either it re-
> commences with
> licensing or shuts down everything. I hope that this challenge will
> go from
> the NRC to a district court, then to an appeals court, and finally the
> Supreme Court. Then it will be decided, hopefully finding the current
> decision by the Obama Administration flawed based on the previous
> agreements. Perhaps the Supreme Court will hear the case based on
> its merits
> as is. That is if the issue is litigated outside the NRC.
>
> Similar challenges by the opposition to NRC licensing for an interim
> waste
> facility in Utah two or so years ago and uranium mining license (URI/
> HRI)
> quite recently have gone from district court and decided in favor of
> the NRC
> license in the 10th Circuit Court of Appeals, one step away from the
> Supreme
> Court.
>
> Having been involved twice in regulatory hearings with the NRC on the
> uranium mining license for URI/HRI, I am anxious to see if the
> Supreme Court
> will hear the case, and support the NRC licensing procedure
> promptly. I am
> fairly certain that the 10th Circuit Court of Appeals decision will
> be again
> appealed to the Supreme Court since it was a split decision. I am
> afraid
> that if the courts do not accept NRC licensing primacy (except for the
> Agreement States), then we will all be in a state of turmoil.
>
> Quoting from the petition,
>
> " The petitioner notes that on September 15, 2008 (73 FR 53284),
> the NRC
> accepted an application for construction of a mined geologic
> repository for
> spent nuclear fuel (Yucca Mountain) from the U.S. Department of
> Energy (DOE)
> for docketing and began a technical review of the application. The
> petitioner also notes that on February 1, 2010, the current
> administration
> proposed that the funding for the Yucca Mountain repository be
> discontinued
> for what the petitioner believes are political reasons. The petitioner
> states that the proposed update of the NRC's Waste Confidence
> Decision and
> proposed rule that the NRC published on October 9, 2008 (73 FR 59547),
> specifically Finding 2 (73 FR 59561), indicates that the NRC found
> reasonable assurance that a mined geologic repository for permanent
> disposal
> of spent nuclear fuel would be available within 50-60 years beyond the
> licensed life for operation (which may include the term of a revised
> or
> renewed license) of any reactor."
>
> " The petitioner has concluded that the current administration's
> proposed
> decision to no longer fund Yucca Mountain now places the possibility
> of
> construction and licensing of a permanent repository for spent
> nuclear fuel
> from U.S. nuclear power facilities and licensees in jeopardy."
>
> I tend to agree! I hope that the NRC and eventually the courts step-
> up to
> this challenge quickly!
>
> Best,
>
> Dan ii
>
> Dear Carol: Can you please provide updates on the status of this NRC
> docket! NRC-2010-0088
>
> --
> Dan W McCarn, Geologist
> 2867 A Fuego Sagrado
> Santa Fe, NM 87505
> +1-505-310-3922 (Mobile - New Mexico)
> HotGreenChile at gmail.com (Private email)
>
> -----Original Message-----
> From: radsafe-bounces at health.phys.iit.edu
> [mailto:radsafe-bounces at health.phys.iit.edu] On Behalf Of Doug Huffman
> Sent: Monday, April 05, 2010 09:41
> To: radsafe at health.phys.iit.edu
> Subject: Re: [ RadSafe ] Proposed NRC Regulation open for comment
>
> Kane may be telling the blackguard to "fish or cut bait", to embrace
> nuclear power or declare himself the green-blackguard.
>
> On 4/5/2010 09:38, Bill Rowan wrote:
>> NRC has just published a petition for rulemaking open for public
>> comment
> at
>> WWW.Regulations.Gov identified by searching NRC-2010-0088.
>>
>>
>>
>> Petitioner Dan Kane requests: the petitioner requests that the
>> provisions
>> that govern temporary storage of spent fuel after cessation of
>> reactor
>> operation be revoked, that licensing of new nuclear power plants
>> cease,
> and
>> that existing operating nuclear power plants be phased out. The
> petitioner
>> believes these suggestions are necessary until the NRC can be
>> assured of
> the
>> technical and economic certainties of a waste disposition decision
>> and
>> associated political certainties in light of the current
>> administration's
>> proposed defunding of the Yucca Mountain Repository for permanent
>> disposal
>> and storage of spent nuclear fuel.
>>
>>
>>
>> Just passing the information along for those that want to weigh-in.
>>
>> Bill Rowan
>>
>
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