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Posts Tagged ‘vermont’

Governor Peter Shumlin, the newly sworn in Governor of Vermont, has appointed Montpelier attorney Richard Saudek and Vermont Law School professor Peter Bradford to the Texas Low-Level Radioactive Waste Compact Commission (TLLRWCC).   The TLLRWCC is an 8 member legal entity, separate and distinct from the party states, whose commissioners are appointed by the Governors of Texas and Vermont. The Commission consists of six Texas and two Vermont appointees.

The commission are responsible for administering the provisions of the Texas Low Level Radioactive Waste Disposal Compact. The States of Vermont and Texas are the party states. Texas is the host state for a low level radioactive waste disposal facility.

Saudek, who is a partner in the law firm of Cheney, Brock & Saudek, P.C., has advised legislative committees on issues involving Vermont Yankee and its owner, Entergy Corp. Saudek has also served as Chair of the Vermont Department of Public Service, and as Vermont’s first Commissioner of the Vermont Department of Public Service.

Bradford is an adjunct professor at Vermont Law School, where he teaches ‘Nuclear Power and Public Policy.’ He also teaches utility regulation, restructuring, nuclear power and energy policy. Bradford served on the Public Oversight Panel for the Comprehensive Vertical Assessment of Vermont Yankee, and has served as an expert witness on investment in new nuclear power.

Public Citizen is very pleased with Mr. Bradford’s appointment and believes Mr. Saudek will also make a good addition to this industry skewed commission.

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By promoting cleaner energy, cleaner government, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.

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Well for those who have been waiting to hear how the Texas Low-Level Radioactive Waste Disposal Compact Commission (TLLRWDCC) voted on the new rule that would open Texas up to accepting radioactive waste from as many as 36 other states (and possibly beyond that), it is no surprise that the Compact Commission voted in favor of the rule.

Public Citizen‘s Texas director, Tom “Smitty” Smith and the Sustainable Energy and Economic Development (SEED) Coalition’s executive director, Karen Hadden drove through the night to the edges of the state in order to attend the hearing this morning, and have spent the better part of the day listening to the public and the Commissioners debate issues around this rule.

Karen Hadden just texted us to say:

In an outrageous demonstration of ignoring public opposition, the unfunded Compact Commision, which has no office, no bylaws and only one staff person, still managed to vote to open Texas up to radioactive waste from around the country.  In Andrews County, a late afternoon vote followed public testimony, predominantly in opposition to the radioactive waste expansion, and heated debate between the Commissioners.

Legal challenges are likely.  The Commissioners rushed this crucial vote through during the holidays ahead of the swearing in of a new Governor in Vermont and the beginning of the 82nd Texas legislative session.  They rushed this vote through in spite of concerns being expressed by legislative members of the Texas Sunset Advisory Commission during a December 15th Sunset Commission hearing. They rushed this vote through in spite of issues around citizens’ ability to submit their comments because of a incorrect email address listed in the Texas Register posting of the rules and instructions to the public about where to submit comments.  They rushed this through despite a motion by Commissioner Gregory to extend the comment period which they refused to do.   They rush this through and Texas got screwed.

We will post more on this vote tomorrow.

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The Vermont Yankee Nuclear Power Plant.

Vermont Yankee Nuclear Power Plant -by Wikipedia

In an article by the New York Times that focuses on Vermont‘s concerns about losing space to waste from generators in other states, Matthew Wald writes:

Waste disposal is so difficult, says the company, Waste Control Services, that power plants and other generating sources have reduced their volumes sharply. And Vermont and Texas together produce so little that, the company adds, it would have to charge huge amounts per cubic foot and per unit of radioactivity to get its investment back.

Yet, the Sustainable Energy and Economic Development (SEED) Coalition’s research shows the Waste Control Specialists site is currently licensed for 2.3 million cubic feet of water and 3.89 million curies. Texas’ existing four reactors and Vermont Yankee nuclear reactor would require 6 million cubic feet of capacity.

Tom “Smitty” Smith, the director of the Texas office of Public Citizen tells the New York Times that he believes, “They’re trying to get it done before the new governor takes office.”

To read the New York Times article, click here.

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SEED Coalition opposes any radioactive waste dumping in Texas, but at minimum seeks to prevent our state from receiving waste from more than just the two Compact States and becoming the nation’s radioactive waste dump. With support from Public Citizen, Environment Texas and Nuclear Information and Resource Service and other groups, they will submit comments today to the Texas Low-Level Radioactive Waste Disposal Compact Commission. The Proposed Import/Export Rule under consideration may open the door for Texas to becoming the nation’s nuclear dumping ground and we’re making recommendations to strengthen the rule and protect public health as safety .

State Rep. Lon Burnam (District 90, Ft. Worth) will ask a series of questions of the Compact Commissioners, and try to get answers as to why they are considering the weak and risky approach taken by the draft rule under consideration.

Some of SEED Coalition’s comments can be summarized as follows:

  • The site should be limited to radioactive waste from Texas and Vermont, and have volume and radioactivity caps that match the license for the facility.
  • Waste from Texas and Vermont would more than fill up the facility, and no Out of Compact Waste should be imported.
  • The proposed import/ export rule needs to be strengthened and deemed a Major Environmental rule, so that more careful analysis can be done.
  • Radionuclides must be carefully tracked and monitored. The public has a right to know what is shipped to the site and the level of radioactivity in curies.
  • The public should be informed as to health risks from various radionuclides and meetings held in accord with the Open Meetings Act

The Compact Commission meets today beginning at 9 AM in Austin, Texas in the State Capitol Auditorium, E1.004, 1400 North Congress.

Visit www.NukeFreeTexas.org to find SEED’s comments, Rep. Burnam’s questions, a NIRS factsheet and the memo by nuclear expert Dr. Arjun Makhijani.  Press release after the jump… (more…)

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Join us next Thursday, December 10th to help stop Texas from becoming the nation’s radioactive waste dump!

Please Come:

Texas Compact Commission Stakeholder Meeting
Thursday, December 10th at 9am
Texas Capitol, Extension Auditorium, E1.004

You are invited to attend the press conference as well, held by the SEED Coalition, Public Citizen, and Sierra Club, on stopping Texas from becoming the nation’s radioactive waste dump, the inadequacies of the west Texas dump site and the corruption surrounding the permitting process.

Thursday, Dec. 10th at 12:30 pm – Texas Capitol, Speaker’s Committee Room, 2W.6.

* Show your presence and that the public interest matters.

* Tell the Compact Commission not to allow import of radioactive waste into Texas from the rest of the country!

All of the State TCEQ scientists who worked on the permit for the West Texas dump site, owned by Waste Control Specialists (WCS), determined the site to be inadequate because of the possible radioactive contamination of our aquifers and groundwater. Corruption and politics led to the permitting of the site anyways, ignoring the entire TCEQ technical team’s recommendation against issuing the permit. 3 TCEQ employees quit over the decision.

Now the Compact Commission is putting rules in place, to let nuclear power waste from across the country into Texas, making this site the nation’s radioactive waste dumping ground. The Texas Compact Commission, appointed by Governor Perry, and responsible for managing so-called “low-level” radioactive waste generated within its boundaries, is developing rules for importation of radioactive waste from outside the compact (TX and Vermont), AGAINST the original intent of the law, which was for only the 3 states of the compact to be able to dump there.

The Commission is taking comments from stakeholders on the development of the import rule. We want to let them know that the generators of nuclear waste and the dump company that is profiting from taking the waste are not the only stakeholders in this process. Please come help make the voices of the public, Texas taxpayers, and water drinkers heard LOUD and CLEAR.

Learn more at:

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By promoting cleaner energy, cleaner government, cleaner cars, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.

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Rep. Lon Burnam’s bill, HB 3423, will be heard on Wednesday, April 1st, in the House Committee on Environmental Regulation hearing at 10:30 AM or upon adjournment, in E1.014. If you are able to come, we’re trying to get as many people as possible to register their support of this bill (by filling out a witness affirmation form). That’s right, officially registering your opinion on a bill is as simple as filling out a card.  The bill closes the Compact Loophole, and requires other states who want to send radioactive waste here to get legislative approval first.

The Compact Agreement was originally between Texas, Maine and Vermont.  Maine pulled out of the Compact, and now Texas and Vermont are able to send their radioactive so-called “low-level” waste to be stored at the Andrews County dump in West Texas. A loophole in the Compact Agreement allows any state to send radioactive waste to Texas. We don’t need to be the nation’s nuclear dump!

The license for that dump was recently issued by the TCEQ, and the agency wrongly denied the opportunity for a contested case hearing (read: locals were not allowed to voice their opposition in any formal environment). Three long-term scientists at TCEQ recommended denying the permit — and actually left their jobs for ethical reasons once the permit was approved. The science is NOT solid for the Andrews County radioactive waste dump – and there are concerns that radionuclides could come in contact with underground water. It is possible that contamination could spread to the Ogallala Aquifer, which underlies eight states, including the nation’s wheat growing region.

96% of the radioactive waste slated  for the site would be from nuclear reactors — everything except the fuel rods. Radionuclides in the waste are dangerous today and remain dangerous for thousands of years. A recent Nuclear Regulatory Commission ruling reclassified depleted uranium from reprocessing, putting it into a less hazardous (Class A) category. Now up to 1.4 million tons of depleted uranium could go to the West Texas site and/or Clive, Utah sites.

If you can’t make it in person, calls to the Environmental Regulation committee in support of Burnam’s bill are needed! If you are a constituent, please let them know that.

Rep. Byron Cook (Chair) – 512-463-0646, [email protected]
Rep. Warren Chisum (Vice-Chair) – 512-463-0736, [email protected]
Rep. Lon Burnam – 512-463-0740, (it’s his bill, give him a call to say thanks.)
Rep. Jim Dunnam – 512-463-0508, [email protected]
Rep. Jessica Farrar – 512-463-0620, [email protected]
Rep. Kelly Hancock – 512-463-0599, [email protected]
Rep. Ken Legler – 512-463-0460, [email protected]
Rep Marc Veasey – 512-463-0716, Marc.V[email protected]
Rep. Randy Weber – 512-463-0707, [email protected]

For further background on the Andrews County dump, check out Forrest Wilder’s article from the last Texas Observer, Waste Texas: Why Andrews County is so eager to get dumped on. Or if you’re more the auditory type, listen to the podcast.

Check out the press release after the jump.

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