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Press briefing for (against) Yucca Mtn
Friends:
I was an invitee for the press-only briefing on Yucca Mtn by the Nevada
contingent. It was a small group (20-30 press people) briefed by six
lawyers on the six pending lawsuits on Yucca Mtn, held at the National Press
Club today, December 18. It went from noon to 2PM and was tied into a
national web broadcast.
I will skip over the expected stuff and the details, but I have a press
packet on those if anyone wants more particulars. I was surprised by
several points made and not made, which I'll mention below. I did get a
chance to question the presenters, as did the other reporters present.
The whole slant was primarily a legal one, not technical. They made a
strong case that DOE, NRC and EPA have failed to meet specific legal
requirements. I'm not qualified or informed on that aspect sufficiently to
argue that, and I haven't heard the other side.
I made the point early on that the radiation levels under consideration were
below natural background and below levels rountinely given millions of
American medical patients each year. I said these levels did not cause any
harm. Matt Wald (NYTimes) said "We don't know that" and I replied that
anyone who read the case-control studies done by Nobel laureate Rosalyn
Yalow and other such studies knew it. There was a lot of such banter, and I
won't repot it all here. Lawyer Joe Egan claimed the dose at peak (after
the containers fail) is 600 times EPA limit, measured at the compliance
boundary. That doesn't make sense to me, but I couldn't pin it down in this
setting. (That was the only technical point I couldn't pin down.) He also
passed out a map of the "gerrymandered" compliance boundary, instead of the
"usual 5 km circle.",
Skipping to the bottom line, I conclude that their argument is NOT that
Yucca Mtn is unacceptable because radwaste is uniquely hazardous. They
claim is it unacceptable because the site itself is almost uniquely porous.
They don't like to state it so bluntly, but I explored it in private
discussion with Gilinsky afterward (he seems to be their key technical
source, although they claim to have a hot technical team back home). I
asked why he felt radwaste required such extraordinary precautions, and he
said they would require the same thing for arsenic, selenium, mercury, etc.
I said, "But we don't!" He said that "all other repositories in the world"
have good geological isolation, but "YM is a sieve." "If YM site were like
WIPP, we would have no technical argument." (They still have several LEGAL
arguments.) That was a new one to me.
Their argument, distilled, goes like this: DOE said that radwaste should be
geologically isolated. NAS, Congress and the President agreed. The TRB,
appointed by President, said unanimmously "no container material can stand
up for 10,000 years. You have to count on the geology." So DOE started down
that road, but (according to these guys) had already decided YM was it.
When they found YM site did not meet that criterion, they scrapped it, and
the other sites they were looking at, and set up new ground rules: make the
containment do the job. These guys claim the old rules are still legally in
effect and that DOE illegally changed them. They kept repeating that "all
other respositories in the world count on geological isolation. But YM
can't do that." DOE expected to show that ground water would take 1000
years to reach the containers, but they found it was less than 200, maybe as
low as 50 years. Roger Staehle, "world's top corrosion expert" is going to
demonstrate to court that containers will corrode through in < 3yr. "They'd
corrode slower on the surface or immersed in the water table. Inside the
hot, humid mountain is the worst possible environment for them."
This above situation couples with the following points (says Gilinsky):
There is no national security reason to move the waste. Nuclear power can
go along w/o YM. There are better alternatives.
The courts have shot down DOE on their last two major pleas:
DOE liable for costs of missing 1998 deadline
DOE does not have right to spend millions on outside lawyers on this.
As a consequence, DOE is paralyzed, legally. No outside lawyers for past 2
yr.
So these guys are confident they will win some, if not all, six cases.
The whole story of alleged illegal steps by DOE sound bad, but that's only
their side.
Enough for now.
Ted Rockwell
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