Re: WARD VALLEY AND THE PAPER BY PROFES

[JMUCKERHEIDE@delphi.com]

Dave Scherer writes, correctly,

> Mr. Pasternah is correct that the problem with LLW disposal is political.
> The solution is also political.  Instead of requiring each state or region
> to provide its own disposal, Congress should have invoked the Commerce
> Clause of the Constitution to require the free access of all sites.  

Note that the states/governors, esp SC, demanded the compact process; Congress 
went along reluctantly. Compacts specifically include provisions for
Congressional auth of exemption to the Commerce Clause. (It applies to sites
not under Compact provisions.) 

The
> should have also created a federal preemption that would prevent state or
> local governments from prohibiting the siting or operation of LLW sites
> except on the basis of requirements that apply to all industries (e.g.,
> zoning).  

Like Congress has imposed on Nevada :-)  Or New York, and other states
"imposed" on local communities under their own legislative initiatives
(remember NY 1989 after passing its siting law in 1986 by 100% vote, with
promises of the "most open public participation process to involve the
communities and citizens" being called Gestapo and KGB equivalents after the
fall of the berlin wall), setting up their own Siting Commissions, and "open
public participation process" programs. 

Note also the NIMBY problem of other industries trying to use zoning; and
Wal-Marts; and even McDonalds :-) 

> Perhaps the time to reopen thias issue is approaching.

It is, but we can't find effective answers without considering what and why we 
got here. 

And of course, the reason for Ward Valley and Yucca Mountain etc etc etc being 
in trouble is that public fears "any amount of radiation", as promulgated by
government, needing no help from "anti's", and the industries, including waste 
management interests, and Ward Valley, to maintain the public perception that
there is great potential risk that warrants spending $100s millions of the
publics cash for self-interest reasons. Remember when the dose calculated from 
Maxey Flats was 0.5 mrem in the '70s?  How did NRC get to Part 61? how did we
get engineered storage for LLW? Its not to "satisfy the public", but to
generate cash, while the user utilities, gov't orgs, and medicine, just passed 
whatever costs to taxpayers, ratepayers, and medical insurance payers. Now
we've priced nuclear energy, nuclear medicine, and even radioisotopes out of
economic existence. 

What side of Part 61, and Part 20, etc etc were HPs on? along with the $100s
billions for D&D? and those in utilities etc who will shut down power plants
because they can make more $$ getting access to D&D funds. New gas plants need 
no HPs. Who's going to comment that when the utilities shut the nukes down,
what will happen when the new committed dependence on gas makes the gas prices 
go up? 

> Regards,
> Dave Scherer
> scherer@uiuc.edu

Thanks.

Regards, Jim Muckerheide
Radiation, Science, and Health, Inc
muckerheide@mediaone.net
jmuckerheide@delphi.com