Rejects Public Petition Calling for More Protection of Nuclear Waste Stored in
Vulnerable Storage Pools on Reactor Roof Tops
Washington, DC- The Nuclear Regulatory Commission (NRC) Staff issued its final decision on
NRC Staff Denial will hold unless the NRC 5-member Commission reviews and
overturns the staff’s decision within 25 days. The Coalition filed an appeal
to the Commission today asking for review.
The Nuclear Security Coalition filed their original Petition for Emergency Enforcement on
is disturbing that the NRC is more worried about security cost containment to
protect industry than radiation containment to protect people,” said Paul
Gunter, Director of the Reactor Watchdog Project for the Washington, DC-based
Nuclear Information and Resource Service.” The NRC is attempting to conceal
the fact that a large release of radioactivity as the result of a terrorist
attack on these structures is entirely possible according to a congressionally
mandated study by the National Academy of Sciences,” he added.
The petition called for immediate steps to decrease vulnerability and, like the
Specifically, the Petitioners requested that NRC take 5 actions. The NRC claims to have in effect granted 2 of those actions; however the Petitioners do not see it that way – in substance, all actions were denied.
9/11 the Federal Government listed a hurricane strike on
Request for NRC Commission Review
The Coalition submitted an appeal today to the Commission to review and overturn the NRC staff’s denial. The appeal cited inherent procedural and substantive flaws in the staff’s review process and decision; and also asked the Commission to direct the NRC staff to hold a public meeting with the Nuclear Security Coalition to review the basis for their decision.
Substantive Flaws: Standard of Review
The Director’s denial is improper. The Petitioners contentions are factually supported by the National Academy of Sciences recent report, Safety & Security of Commercial Spent Nuclear Fuel Storage a report mandated by Congress and paid by taxpayers. Therefore it is now the findings, conclusions and recommendations of the Academy, and by extension those of the Petitioners, that are presumed to be correct - not NRC’s.
A standard of review requires that NRC demonstrate with facts, not as they did in their denial with broad brushed opinions, that no reasonable person could have reached the same conclusions as did the Academy’s panel of experts and by extension the Petitioners.
The staff based their final decision on a review of perhaps only some, not all, of the comments submitted on the Proposed Director’s Decision. Nobody knows, including the NRC, how many of the total submitted was reviewed by the staff or how many were lost - a serious flaw.
NRC Director's Decision is available on NRC’s Electronic Library-
Accession Number “ML051960343;” the Petition is available on Adams
–Ascension Number “ML042370023,”and, the Coalition’s appeal is
Boiling Water Reactors - Mark I Containments (24 Units)
Ferry 1,2 &3 -
hatch 1&2 –
Mile Point Unit 1-
Creek- Lacey Township, NJ
Bottom 2&3- Delta, PA
Cities 1&2 –
Electric Boiling Water Reactor- Mark II Containments (8 units)
mile Point Unit 2-