Prairie Island Indian Community Press Release on Challenge to NRC’s Spent Nuclear Fuel Continued Storage Rule

PRAIRIE ISLAND INDIAN COMMUNITY CHALLENGES NUCLEAR REGULATORY COMMISSION’S “CONTINUED STORAGE” RULE

Rule increases likelihood that more than 1.5 million pounds of nuclear waste will be stranded on Prairie Island indefinitely

Welch, Minn., Oct. 27, 2014 – The Prairie Island Indian Community today filed an appeal challenging the Nuclear Regulatory Commission’s (NRC) final rule on the Continued Storage of Spent Nuclear Fuel with the United States Court of Appeals for the District of Columbia Circuit. The Continued Storage Rule and the Generic Environmental Impact Statement were recently approved by the NRC and became effective as of October 20, 2014.

The states of New York, Connecticut and Vermont filed a separate appeal earlier today. In 2012, a coalition of the Prairie Island Indian Community, the states, and several environmental groups won a landmark decision that vacated the NRC’s Waste Confidence Decision and Temporary Storage Rule. In its decision, the Court of Appeals for the District of Columbia Circuit held that spent nuclear fuel “poses a dangerous, long-term health and environmental risk,” and that the NRC “can and must assess the potential environmental effects” of permanent onsite storage.

“The NRC has sidestepped its obligation to our Tribe to do a full and complete analysis of the risks of permanent onsite storage of nuclear waste 600 yards from our nearest residences,” said Tribal Council President Ronald Johnson. “It leaves communities like Prairie Island at considerable risk, exposing us to the vulnerabilities of aging facilities, human error and natural disasters for generations to come.”

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Temporary Stay Lifted by Nuclear Regulatory Commission in In re Powertech USA

Order here.

At its heart, the dispute over a stay boils down to a disagreement over the NHPA consultation process. Intervenors argue that the process by which the Programmatic Agreement was created was inadequate, and therefore fails to fully protect the Tribe’s [Oglala Sioux] sensitive and significant historic and cultural resources. Powertech, and the NRC Staff disagree and believe the Programmatic Agreement memorialized a fair and adequate process that fully protects all potential cultural and historic resources at the Dewey-Burdock sites.

Skull Valley Band v. Davis Materials

Here are the briefs in this case (h/t Indianz):

Skull Valley Band DCT Order

Skull Valley Opening Brief

Government Reponse Brief

Skull Valley Reply