New Jersey Enters Legal Battle Against Nuclear Regulatory Commission
NRC's revised rule would allow Oyster Creek and other nuclear plants to store spent fuel for up to 60 years after the facilities shut down
The federal Nuclear Regulatory Commission's decision to double the time nuclear plants can store spent fuel on site from 30 to 60 years is unacceptable, state Department of Environmental Protection Commission Robert Martin said.
"The federal government has an obligation to develop a permanent plan for nuclear waste storage and cannot avoid an answer by extending the time that radioactive waste is allowed to remain on sites in New Jersey and across the nation," Martin said. "That is not acceptable."
New Jersey is seeking to join New York, Vermont and Connecticut in a legal challenge of the NRC's revised "waste confidence rule" that extends the time spent nuclear fuel can be stored on-site at a nuclear power plant from 30 t0 60 years after the plant shuts down operations.
“We are joining in this challenge because of the potential of significant public health and safety implications, and the potential impact on New Jersey’s environment,’’ Martin said.
The challenge claims the NRC acted in an "arbitrary and capricious manner" and failed to provide information on the environmental impact as required by the National Environmental Policy Act (NEPA).
“The failure of the NRC to conduct an adequate environmental impact statement is troubling," Martin said.
'Invitation for Disaster'
New Jersey is home to four nuclear plants, including the Oyster Creek Nuclear Generating Station off Route 9. Oyster Creek is the oldest nuclear plant in the United States.
Ocean County Sierra Club Chairman Gregory Auriemma said his organization and many other environmental groups support the states' challenge to the NRC storage rule change.
"To say those spent fuel rods can be safely stored for more than 60 years, that makes absolutely no sense," Auriemma said. "That's just an invitation for disaster. Sixty years is an absurdly long period of time to have the sword of Damocles hanging over Ocean County's head."
Lacey Township Mayor Gary Quinn isn't happy about the NRC's revised storage rule.
“The town’s position is very, very clear," Quinn said. "We’re 100 percent opposed to it. We didn’t sign on to have that material stored there for any extended period of time when we took the plant in as a neighbor."
Oyster Creek has spent fuel rods stored in the reactor building and in dry casks on the site, said NRC spokesperson Diane Screnci.
A consent order between the DEP and Exelon Corp., Oyster Creek's owner, allows the company to store its spent nuclear fuel at Oyster Creek until the federal Department of Energy accepts it for permanent storage at a geological repository. But last year, federal government officials announced that they were no longer going to create a nuclear fuel depository at Yucca Mountain in Nevada.
Although Quinn said he is not concerned from a safety standpoint, he does not want the casks stored on-site for an indefinite period of time, he said.
If that does happen, Lacey and surrounding communities should be compensated for storing the spent fuel, Quinn said.
“The federal government has been collecting dollars from the taxpayers for the nuclear power plant for years to build [a nuclear fuel depository in Nevada]," Quinn said. "Money is still being sent to Washington. But if that’s not going to occur, the money should be sent back to the municipalities playing the host of the nuclear power plants.”
'Solid Legal Foundation' to Boost Storage
The NRC has done numerous studies on the safety of storing spent fuel at power reactor sites in the United States, NRC spokesman Neil A. Sheehan said.
“We believe the waste confidence rule has a solid legal foundation that is well explained in the commission’s decision," Sheehan said. "The rule is in full accord with earlier court decisions interpreting the commission’s obligations under NEPA.”
The NRC re-examined spent fuel pool safety and security issues after the Sept. 11, 2001, terrorist attacks. The commission deemed it safe to store the spent fuel in either circulating-water pools or dry casks for at least 60 years after the reactor is shut down, Sheehan said.
The NRC will assess the environmental impacts and safety of spent fuel and high-level waste storage at nuclear power plants beyond 120 years, he said.
The research will take several years and will involve numerous opportunities for public input," Sheehan said.
Exelon spokesperson April Schilpp said the company was "confident" that spent nuclear fuel could be safely stored for 60 years.
"It’s not at all a safety issue," she said. "It’s a matter of not having any place else to put it, of course.”
New Jersey's operating nuclear plants also include Hope Creek in Alloways Township and two units at the Salem Nuclear Generating Station, also in Alloways Township.
Company officials announced in December that Oyster Creek would cease operation in 2019, 10 years before its federal operating license expires.
Lacey Township is in a "unique" situation because of Oyster Creek's age and the fact that fuel is already stored in dry casks, Quinn said.
“In our situation, it’s probably more of an issue because we have the oldest plant in the country, and we have a lot of materials already sitting in these casks out on the site itself,” Quinn said.
Lorraine
12:15 pm on Tuesday, March 22, 2011
About Time Christie takes charge for the lives of the Jersey residents... should there be an accident, there would no one to blame but ourselves. We have known for many years that this plant is unsafe. Kudos to the Sierra Club!
MIC
4:09 pm on Tuesday, March 22, 2011
I dont think the plant is unsafe, how its managed and kept up is another story. It all comes down to money
BN
4:32 pm on Tuesday, March 22, 2011
Build wind farms and the Sierra Club will have problems with that too!
MIC
4:36 pm on Tuesday, March 22, 2011
If you cant grow it naturally they will have an issue
Lorraine
6:41 pm on Tuesday, March 22, 2011
The concrete is crack and isn't even as wide as it should be... How do you know it is safe??? Because they tell you... How old is it? Really, the Sierra Club would have problems with Wind Farms??? I think not...
Really, how do you know the plant is SAFE???
Tim O'Connor
7:01 pm on Tuesday, March 22, 2011
Unfortunately there is no place for the spent fuel to go. The reality is we will be stuck with these spent fuel rods for decades. The real problem is that Oyster Creek is a General Electric Mark 1, Boiling Water Reactor. The same type of plant experiencing problems in Japan, except Oyster Creek is older. The spent fuel storage pool is our primary concern. To protect our community we need to empty the fuel rods into the casks. Now it is time for the Lacey Township Council to finally do something and re-evaluate what is going on at the plant. Preferably have somebody who does not work at the plant perform that evaluation.
robert pietruska
7:44 pm on Tuesday, March 22, 2011
The people of Lacey Township are the victims here, but we were under the impression the spent fuel rods would be leaving our city after the plant closed or when the area in Arizona was to begin accepting them. The Federal Govt. is to blame for their lack of direction in finding another place to store these spent fuel rods, The unfortunate thing is that because it's not a front burner issue, they the federal govt. will leave these rods where they are and try to extend the time to 60 years if they can. The people of New Jersey whether forked river or Salem county nuke plants need to get support from Trenton or our state senators in trying to come up with a final resting place for these spent fuel rods. Hey Gov. Christie, You managed to stop the Arc Tunnel Project, How about some of your CLOUT in tackling this problem? Hopefully a solution can be found before there is a major problem or safety risk.
Tim O'Connor
7:56 pm on Tuesday, March 22, 2011
No, I spent over two years in 1994 thru 1996, when the Township was consumed with what to do with the spent fuel rods. My nuclear education came from over ten years in the Nuclear Industry where I was certified as a Lead Auditor for procedural compliance and Procedure Writer. Now I am Licensed as a Professional Planner in New Jersey.
walter
8:26 pm on Tuesday, March 22, 2011
Thank you Mr. Tim O'Connor for intelligent reply to rude question above. (Hopefully the Patch comment stream can serve as reasonable discourse among adults - unlike the mess on the Asbury Park Press site!)
Lorraine
9:14 pm on Tuesday, March 22, 2011
Mr. Ole Salt, How do you know that where the Spent Fuel rods are contained that the concrete is as thick as is it should be and that they never cracked??? Did you inspect these areas? Also, do you really need 1000 acres to generate Wind farms? I'm not an expert in this issue however they are all over Europe and other countries... why not here?
BN
10:02 pm on Tuesday, March 22, 2011
Wind turbines use one or two acres each, with plenty of room needed between them to avoid air turbulence that can impede airflow. Each turbine generates 4,700 000 kWh of electricity each year, enough to meet the annual needs of over 1,000 households. Ergo, 1 turbine for every 1,000 homes.
The Sierra club will probably fight this (as they have in California and Maryland) because of the close proximity to Island Beach State Park, The Manahawkin Wildlife Management Area, The Edwin B. Forsythe National Wildlife Refuge, and Wharton State Forest.
Tim O'Connor
8:26 am on Wednesday, March 23, 2011
The fuel rods that have been transferred to the dry storage casks were the oldest. Prior to 1994, the plant had to reconfigure the spent storage pool several times to pack all the rods into the pool. I was opposed to the off loading of the rods to dry storage because that is one of the first steps of decommissioning. That meant the rods were not leaving town. After the 911 terrorist attracts, it became important to make room in the storage pool. Also, please note the fuel rods can not be moved to dry storage until they cool down for at least 15 years. The sooner we can get the rods out of the spent fuel pool the safer we are.
Elaine Piniat
12:52 pm on Wednesday, March 23, 2011
Please keep the comments civil and refrain from personal attacks.
Mike M
9:49 pm on Wednesday, March 23, 2011
Just to address the issue of wind turbines, there are already plans in place to place a large number of turbines off the coast of NJ and Delaware. This is a common method used in Europe and is also in the final planning stages for up in New England. The majority of land-based turbines would best be located in the Midwestern Plains, where wind patterns are consistent and there is plenty of space. A new modern electrical grid would enable the power generated to be used on both coasts.
Lorraine
11:55 pm on Wednesday, March 23, 2011
Thank you to everyone who gave useful information and acted like a human being with compassion for our safety and OUR enviroment.
As for you "Ole Salt" ... I don't get my nails done but it just shows what an insukting type of person you really are. I feel sorry for you... And I feel especially sorry for those who have to work and live with you.
Can't you have a discussion without insulting people? Really? Try it sometime. :)
Lorraine
12:01 am on Thursday, March 24, 2011
Please excuse my typo... I meant to type the word "insulting." I am an elderly grandmother and it gets difficult to type at times especially when it rains.
BN
8:51 am on Thursday, March 24, 2011
It's time to ban "old salt". Block his IP address too. He is rude, condescending and derogatory.
Please don't let the TR Patch turn into the APP!
Lorraine
10:01 am on Thursday, March 24, 2011
Again Ole Salt you called me an Idiot???? You really should be ashamed of yourself. You really need Anger Management. Why call people names? It just shows your LACK OF INTELLIGENCE...You seem like a violent person calling me an idiot... you don't even know me.
We here on the Patch were trying to have a discussion, your a violent man...If you work at the plant ... God help us all because your a Hot headed person who probably can't take any confrontation...so how well do you work under pressure??? Probably not good... Why don't yu go finish your 12 pack and leave us the good people alone!!! Shame on you for calling me an idiot.
One more thing... My husband who passed away worked for the company who poured the concrete for the containers... So enough said.
Please sign off... Unless you want to show your IQ again.... I will give you credit on the fact that you did spell IDIOT correct.
Again, Thank you all that have helped me understand Windturbines and have not used insults when explaining things to me.
Tim O'Connor
11:03 am on Thursday, March 24, 2011
Back in 1994 to 1996, during the countless Township meetings that discussed the spent fuel containers, I remember Lorraine was at every one of those meetings also. If ole salt actually new anything, he would understand discussions are a strong foundations for political solutions. Those who go to simply attacking with insults show a lack of intellect. It is scary to think they let this guy might work at the plant.
Catherine Galioto
11:06 am on Thursday, March 24, 2011
Thanks for insightful comments, but know that personal attacks will be flagged and deleted.
Thomas
12:22 pm on Thursday, March 24, 2011
great comments from most on this site . Thanks for sharing
Mike M
1:27 pm on Friday, March 25, 2011
For anyone interested there will be an information meeting held tomorrow, Saturday 3/26 at the Toms River Library in the Mancini Room at 12:30pm. The topic will be Oyster Creek and the problems it shares with the facility in Japan that appears to be in the process of a meltdown.
Lorraine
1:43 pm on Friday, March 25, 2011
Thanks for the invite. Have a Great and Safe day to all!
amy beth
7:20 pm on Saturday, May 7, 2011
Thank you to the intelligent and informed contributors on this site who have shared their thoughts about the dangers of Oyster Creek! It is so wonderful to know that I am not alone in my concerns! :)
Mike M
9:16 pm on Saturday, May 7, 2011
You aren't alone by any means. There were approx. 30 people today on Route 9 at the Waretown Plaza showing our support to the immediate decomissioning and closure of the plant. We'll be there again soon, so watch for a notice if you'd like to join us.