ML20083A661
| ML20083A661 | |
| Person / Time | |
|---|---|
| Site: | Point Beach  |
| Issue date: | 04/07/1995 |
| From: | Teller J MENOMINEE TRIBE |
| To: | Babbitt B, Hoyle J INTERIOR, DEPT. OF, NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20083A649 | List: |
| References | |
| NUDOCS 9505110093 | |
| Download: ML20083A661 (3) | |
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MENOMINEE INDIAN TRIBE OF WISCONSIN b
P.O. Box 910 4
Keshena, WI 54135-0910
+2 4/7/95 Bruce Babbitt Secretary of the Interior Department of Interior Interior Building 1849 C St., NW Washington, D.C.
20240 John Hoylee Secretary of the Commission U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Dear Mr. Babbitt & Mr. Hoylee; The b aminee Indian Tribe of Wisconsin, a federally recognized Indian Tribe, sends this letter with urgency requesting the federal 1
government's intervention on behalf of the Tribe.
Currently, the Point Beach Nuclear Power Plant Projects is constructing a Dry Cask Storace Facility for storage of spent fuel containing uranium-235.
The Point Beach Plant is operated by the Wisconsin Electric Power Company (WEPCO).
The dry cask storage facility (The legal name for such a facility is an Indenendent Spent Fuel Storace Installation
[ISFSI]) is scheduled for actual placement and storage of radioactive spent fuel during Spring 1995.
The Tribe believes that the aforemantioned activities related to the dry cask storage of radioactive spent fuel are moving forward without the benefit of appropriate (federal) review. Specifically, we assert that reculations set forth in NEPA, the National Environmental Policy Act (P.L.91-190, 42 USC 4321-4347, as amended) have not been addressed, among other things.
1 Spent fuel is highly radioactive waste.
The Wisconsin Public Service Commission states in their Final Environmental Impact Statement (8/94) that: 'After about five years of storage in the spent fuel pool, the heat and radioactivity are low enough to i
allow dry starage.'
The Citizens' Utility Board, et. al, state in their Petition for Review that:'If a spent fuel assembly taken recently from the reactor came within three feet of a person, death would result within 10 seconds. ' (Citizens' Utility Board, et. al.,
Public Service Commission of Wisconsin, 1995)
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Construction of the ISFSI @ Point Beach has begun and is proceeding along the western shore of Lake Michigan.
The ISFSI site is located only 2.000 feet from Lake Michican, and about 100 feet from a small stream that empties into Lake Michigan.
Potential l
radioactive contamination could occur as a result of operating the Dry Cask Storage Facility.
Environmental, natural resource, and human health issues need to be appropriately addressed with adequate
- study, especie.lly considering the project's close proximity to Lake
- Michigan, a
massive freshwater ecosystem providing drinking water for 14 million human beings.
The Department of Interior has particular trustee issues related to natural resources that could be adversely impacted by this ISFSI.
The Menominee Tribe has ceded richts and aboriainal claims to waters and natural resources within Lake Michigan and around the (dry cask storage) construction site.
The Tribe rem.ntly filed a federal lawsuit related to various treaties enteret into between the Tribe and the United States for a large territory encompassing much of central and eastern Wisconsin (Menominee Indian Tribe of Wisconsin v. State of Wisconsin, et al., 1995).
Impacts resulting from dry cask storage of radioactive spent fuel at this ISFSI may adversely affect Tribal and other trustee resources.
The federal government has Trust Responsibilities related to the protection of Tribal Trust Resources.
Therefore we are asking the federal government to intervene on behalf of the Menominee Indian Tribe of Wisconsin.
REGULATORY LAYOUT We understand that Nuclear Regulatory Commission (NRC) does not require any permits for construction and operation of a dry cask storage
- facility, nor any site specific
- review, if certain conditions are met, including, but, not necessarily limited to:
use of any cask technology that has an NRC Certificate of Compliance from the Nuclear Regulatory Commission; and preparation of written evalt ions by the operator that show that no changes are needed in the facility operating safely limits or limiting conditions.
The written evaluations are prepared by the project operator and are to be kept on site.
These evaluations are based solely upon the operator's determination.
We understand that the Nuclear Regulatory Commission will not receive or review these written evaluations, because the operator proposes to use the VSC-24 cask design that has a Certificate of Compliance from the Nuclear Regulatory Commission, and presumably the operator has prepared the written evaluations that are to be kept on site.
No federal agencies been involved in the permitting of this high level nuclear waste storage project.
e UEED FOR A FEDERAL ENVIRONMENTAL IMPACT STATEMENT e
The Menominee Tribe is not comfortable with the regulatory layout described above and we are requesting the federal government's involvement through the preparation of a Federal Environmental Imoact Statement for this ISFSI.
The Tribe believes that dry cask storage of radioactive spent fuel under these current conditions constitutes a major action that could significantly affect the human environment thereby warranting the attention of the federal government.
i The Tribe has numerous concerns related to this situation which can only be addressed through a Federal Environmental Impact Statement.
These concerns include, but are not limited to issues related to adverse effects to human health and natural resources accompanying i
the increased risk for (major) environmental contamination to occur.
The Tribe is aware of ongoing problems and unresolved issues that exist at ISFSI sites located at Palisades Nuclear Power Plant in Michigan, and Prairie Island in Mir'9sota.
In both of these situations after-the-fact problems and !ssues are being dealt with by federal, state, local and tribal entities.
For example, at least one cask being used at Palisades has been found to have a structural flaw in it.
This cask design is identical to the cask design that is proposed at Point Beach.
The Menominee Tribe, in writing this letter, hopes to avoid af ter-the-fact issues, through the preparation of a Federal Environmental Impact Statement that will serve as a decision makina tool.
We believe that proactive, up-front, work will serve to avert problems in the future.
The Menominee Tribe requests that the Department of Interior and Nuclear Regulatory Commicsion respond to this appeal within 15 days from receipt of this letter so that the Tribe can take appropriate action (s) based upon knowledge of the federal government's response.
Feel free to call me with any questions you may have.
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