ML21322A273

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11-12-21 Amended-Supplemental Docketing Statement (DC Cir.)(Case No.21-1048)
ML21322A273
Person / Time
Site: Consolidated Interim Storage Facility
Issue date: 11/12/2021
From: Lodge T
- No Known Affiliation, Citizens for Alternatives to Chemical Contamination, Citizens' Environmental Coalition, Don't Waste Michigan, Law Offices of Terry Jonathan Lodge, Nuclear Energy Information Service, Public Citizen, San Luis Obispo Mothers for Peace (SLOMFP), Sustainable Energy and Economic Development Coalition (SEED)
To: Andrew Averbach
NRC/OGC, US Federal Judiciary, Court of Appeals, for the District of Columbia Circuit
References
1922236, 21-1048
Download: ML21322A273 (106)
v • d • e


Text

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT DONT WASTE MICHIGAN, ET AL.,

Petitioners,

v.

UNITED STATES NUCLEAR REGULATORY COMMISSION, ET AL.,

Respondents.

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Case No. 21-1048

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AMENDED/SUPPLEMENTAL DOCKETING STATEMENT OF DONT WASTE MICHIGAN, CITIZENS ENVIRONMENTAL COALITION, CITIZENS FOR ALTERNATIVES TO CHEMICAL CONTAMINATION, NUCLEAR ENERGY INFORMATION SERVICE, PUBLIC CITIZEN, INC., SAN LUIS OBISPO MOTHERS FOR PEACE, SUSTAINABLE ENERGY AND ECONOMIC DEVELOPMENT COALITION AND LEONA MORGAN, INDIVIDUALLY Petitioners Dont Waste Michigan, Citizens for Alternatives to Chemical Contamination, Public Citizen, Inc., San Luis Obispo Mothers for Peace, Nuclear Energy Information Service, Citizens Environmental Coalition, Sustainable Energy and Economic Develop-ment (SEED) Coalition and Leona Morgan, Individually (Petitioner Dont Waste Michigan, et al.), through their USCA Case #21-1048 Document #1922236 Filed: 11/12/2021 Page 1 of 18 (Page 1 of Total)

undersigned counsel, hereby amend and supplement the Docketing Statement which they previously filed on February 2, 2021 (Document #18835396 by providing an additional response to Question 6(e) (Identify the basis of Petitioners claim of standing).

LEGAL PRINCIPLES IN SUPPORT OF STANDING There are seven organizational Petitioners and one individual person seeking review of Nuclear Regulatory Commission decisions in Case No. 21-1048. The proposed spent nuclear fuel consolidated interim storage facility (SNF CISF) would be located at the Texas-New Mexico border in southwestern Texas.

All seven of the organizational Petitioners are grassroots organizations of people with environmental, consumer and human rights concerns. The individual Petitioner is a longtime clean energy advocate who opposes the continued dumping of radiation in the New Mexico/Texas border area (the WCS facility literally would abut the official boundary between Texas and New Mexico, and New Mexico is downstream of Texas in subsurface and some surface water flow).

Only one of the seven organizations - the Sustainable Energy and Economic Development (SEED) Coalition - was accorded standing in the licensing proceedings before the Nuclear Regulatory Commission. Interim Storage Partners LLC (WCS Consolidated Interim Storage Facility), LBP-19-07 at p. 17 ((August USCA Case #21-1048 Document #1922236 Filed: 11/12/2021 Page 2 of 18 (Page 2 of Total)

23, 2019). It was derived from the personal standing proven by Brigitte Gardner-Aguilar, a resident of Eunice, New Mexico, located 5 miles from the proposed WCS consolidated interim storage facility (CISF). The rail line that will deliver 1

spent nuclear fuel (SNF) and greater-than-Class-C (GTCC) radioactive waste to WCS passes through Eunice.

The rest of the grassroots group intervenors based their standing claims on their members geographical proximity to potential transportation routes by which spent nuclear fuel might travel to the proposed facility. The ASLB ruled that This is too remote and speculative an interest on which to establish standing. As the Commission has stated: [M]ere geographical proximity to potential transportation routes is insufficient to confer standing. Citing U.S. Dept of Energy (Plutonium Export License), CLI-04-17, 59 NRC 357, 364 n.11 (2004) (quoting Pacific Gas and Electric Co. (Diablo Canyon Power Plant Independent Spent Fuel Storage Installation), LBP-02-23, 56 NRC 413, 434 (2002).

But the Commission ignored its own jurisprudence from the Diablo Canyon case; the quotation actually states, [M]ere geographical proximity to potential transportation routes is insufficient to confer standing; instead,... Petitioners The Atomic Safety and Licensing Board observed, As discussed supra, this distance is well 1

within the limits that have been found to confer standing to challenge much smaller storage facilities. Id.

at p. 18. USCA Case #21-1048 Document #1922236 Filed: 11/12/2021 Page 3 of 18 (Page 3 of Total)

must demonstrate a causal connection between the licensing action and the injury alleged. Id.

The petitioning organizations and Leona Morgan did establish causal connections between the licensing action and the threatened injuries. The notion of injury-in-fact encompasses all radiation impacts, including those that do not necessarily amount to a regulatory violation. See Duke Cogema Stone & Webster (Savannah River Mixed Oxide Fuel Fabrication Facility), LBP-01-35, 54 NRC 403, 417 (2001) (citing Yankee Atomic Electric Co. (Yankee Nuclear Power Station), CLI-96-7, 43 NRC 235, 247-48 (1996)). A minor exposure to radiation -

even if it is within regulatory limits - will suffice to state an injury-in-fact. Id.

In Duke Cogema Stone & Webster, the ASLB conferred standing on organizations whose individual members were concerned about encountering truckloads of mixed oxide nuclear fuel on highways at some distance from nuclear reactors in the region, finding that Each of these individuals... have asserted the threatened harm to their health from unwanted doses of ionizing radiation from the MOX fuel that will be transported from the MFFF to the mission reactors over the same public highways the Petitioners members travel because of their close geographic proximity to the MFFF or the mission reactors. As the intervention petitions indicate, incident-free shipping of plutonium provides a dose of ionizing USCA Case #21-1048 Document #1922236 Filed: 11/12/2021 Page 4 of 18 (Page 4 of Total)

radiation, albeit small, to anyone next to the transport vehicle and a minor exposure to radiation, even one within regulatory limits, is sufficient to state an injury in fact. See Yankee Atomic Electric Co. (Yankee Nuclear Power Station),

CLI-96-7, 43 NRC 235, 247-48 (1996). Further, the asserted harm here injury to the health and safety of Petitioners members from ionizing radiation is clearly encompassed by the health and safety interests protected by the Atomic Energy Act.

The threat of injury from radiation exposure is sufficient to satisfy the injury in fact requirement of traditional standing. See Dominion Nuclear Connecticut, Inc. (Millstone Nuclear Power Station, Unit 2), CLI-03-14, 58 NRC 207, 216 (2003) (A threatened unwanted exposure to radiation, even a minor one, is sufficient to establish injury-in-fact.).

Moreover, the Commission ignored its own proximity-plus standing rule.

Because the ISP license application is a non-reactor case, carrying no presumption of standing based upon geographic proximity to the CISF, Commission entertains a petitioner showing that the activity at issue involves geographical closeness to a significant source of radioactivity producing an obvious potential for offsite consequences. Sequoyah Fuels Corp. and General Atomics (Gore, Oklahoma Site), CLI-94-12, 40 NRC 64, 75 n.22 (1994). In Shaw USCA Case #21-1048 Document #1922236 Filed: 11/12/2021 Page 5 of 18 (Page 5 of Total)

Areva MOX Services, LBP-07-14 (2007), petitioners opposed to a mixed oxide fuel fabrication facility in South Carolina submitted standing affidavits from members whose residences were within 20 to 32 miles from the facility site. The NRC Staff had included residents as far away as 50 miles from the facility in its calculation of potential population doses, and consequently the licensing board ruled that a significant proximity radius was justified in cases involving large amounts of spent nuclear fuel.

Here, the petitioning organizations members live, work and recreate near anticipated railroad, highway or barge routes along which canisters containing spent nuclear (SNF) and greater-than-Class-C (GTCC) waste will be traveling.

SNF and GTCC waste are inherently dangerous radiotoxic materials. Each transport canister will carry considerably more radioactivity (200 times or more) than was dispersed by the Hiroshima nuclear bomb. SNF poses a dangerous, long-term health and environmental risk. It will remain dangerous for time spans seemingly beyond human comprehension. Nuclear Energy Inst., Inc. v. EPA, 373 F.3d 1251, 1258 (D.C. Cir. 2004) (per curiam). Cesium-137, a very dangerous radioactive element if allowed to enter the atmosphere, is one of dozens of listed hazardous radioisotopes in SNF.

The harms and threats from SNF and GTCC that are set forth by the USCA Case #21-1048 Document #1922236 Filed: 11/12/2021 Page 6 of 18 (Page 6 of Total)

organizational Petitioners members, or reasonably inferable from their declaration statements, include the potential for radiation exposures as a result of being physically stuck in traffic proximate to (principally) rail lines over which cargoes of SNF will be hauled; exposures to spills and water runoff from accidents or leakage from SNF transport vehicles; downwind airborne radioactive exposure from defective transport containers; and possible radioactive contamination of water resources from accidents.

There is a heightened likelihood of an accident involving spent nuclear fuel near the ISP CISF because the surrounding railroads and highways are heavily used during the current West Texas oil and gas boom. If there is a fire and leakage or surface radioactive contamination on a transport cask or vehicle, Cesium-137 could quite readily volatilize and escape with the smoke, driven by the heat.

Radionuclides could be inhaled by emergency responders and members of the public, could be carried downwind as fallout, and could be ingested (via drinking water or contaminated food), and then lodge in and attack human muscle tissue, including the heart, lungs or thyroid gland. Cs-137 and other likely SNF isotopes must be respected in transport accidents, especially those involving fires and leaks into surface waters. It may be difficult to assess the threats of airborne or waterborne radiation from such events with precision, but the threats cannot be USCA Case #21-1048 Document #1922236 Filed: 11/12/2021 Page 7 of 18 (Page 7 of Total)

dismissed out of hand.

The petitioning groups raised proper allegations of threatened harms and scenarios where the health and safety of their members could be impaired. The NRC actually segmented the WCS project by engaging in the pretense that the shipment of thousands of cargoes of SNF and GTCC over hundreds of thousands of rail, highway and water miles somehow is not the sine qua non of a massive plan to centralize such dangerous materials in one location in a national transport campaign likely to take 20 years or more.

Applying proximity-plus, a petitioner must show both that they live, work or recreate within a certain distance of the location of dangerously radioactive materials, but importantly, the petitioner does not have the burden of articulating a plausible means through which those materials could cause harm to them. It is the inherent dangers of the radioactive materials that create the obvious potential for offsite consequences. U.S. Army Installation Command (Schofield Barracks, Oahu, Hawaii, and Pohakuloa Training Area, Island of Hawaii, Hawaii), CLI 20, 71 NRC 216, 218 (2010), citing USEC, Inc. (American Centrifuge Plant), CLI-05-11, 61 NRC 309, 311 (2005). Spent nuclear fuel and GTCC waste are highly-radioactive wastes. They are inherently dangerous and hold obvious potential for offsite consequences, whether in the vicinity of the WCS facility or within a USCA Case #21-1048 Document #1922236 Filed: 11/12/2021 Page 8 of 18 (Page 8 of Total)

handful of miles from rail lines, highways or waterways in upstate New York, southeast, central and western Michigan, the Chicago region, southern California, or eastern central Texas, as Petitioners declarations suggest.

In the Final Environmental Impact Statement for a Geologic Repository for the Disposal of Spent Nuclear Fuel and High-Level Radioactive Waste at Yucca Mountain, Nye County, Nevada, Volume I (February 2002), the U.S.

2 Department of Energy pronounced that the region of influence for public health and safety along existing transportation routes is 800 meters (0.5 mile) from the centerline of the transportation rights-of-way and from the boundary of rail yards for incident-free (non-accident) conditions. The region of influence was extended to 80 kilometers (50 miles) to address potential human health and safety impacts from accident scenarios. §§ 3.2.1, p. 3-119.

SUMMARIES OF STANDING DECLARATION FACTS The Petitioners have produced 19 individual declarations to support organizational standing. The organizational representative has standing when the interests of its members at stake are germane to the organization's purpose.

Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc., 528 U.S. 167, 181, 120 S.Ct. 693, 145 L.Ed.2d 610 (2000). Guarding against potentially increased https://www.osti.gov/biblio/823255-ophjgk/native/

2 USCA Case #21-1048 Document #1922236 Filed: 11/12/2021 Page 9 of 18 (Page 9 of Total)

risks of radiological and associated physical damage to the environment and public health are implicated by WCSs massive transportation and storage scheme.

Protection of individual members health, as well as opposing environmental harms, are within the scope of the missions of the 7 petitioning organizations.

Injury-in-fact in NEPA cases is not the consequence of the proposed federal action, but rather the increased risk of environmental harm stemming from the agencys allegedly uninformed decision-making. Sierra Club v. Corps of Engineers, 446 F.3d 808 (8th Cir. 2006).

Below are summaries of pertinent facts of standing alleged by Leona Morgan, individually, and also by various members of the petitioning organizations.

Leona Morgan: Lives 1 mile from main rail line that passes through her home town of Albuquerque, New Mexico which will be the route for transport of SNF from nuclear plants west of her home in Arizona and California. Concerned for personal safety and that of family from radiation exposure in the event of a serious transport accident, vandalism or terrorist attack on an SNF or GTCC shipment. If there are airborne or waterborne emissions from a breached cask during transport, concerned that she or family members might be exposed to radiation and suffer health consequences and serious property damage. Also concerned at chance encounters, as at rail crossings, with SNF or GTCC cargoes that will emanate routine, cumulative radiation on people, plants and property from even uneventful transports of SNF and GTCC wastes along anticipated rail routes.

Citizens for Alternatives to Chemical Contamination (central Michigan locus)

Chambre Beauvais: Lives 3 miles from main trunk rail line over which nuclear USCA Case #21-1048 Document #1922236 Filed: 11/12/2021 Page 10 of 18 (Page 10 of Total)

waste from Fermi 2 nuclear power plant likely to travel. Concerned for personal safety and that of family from radiation exposure in the event of a serious transport accident, vandalism or terrorist attack on an SNF or GTCC shipment. If there are airborne or waterborne emissions from a breached cask during transport, concerned that he or family members might be exposed to radiation and suffer health consequences and serious property damage. Also concerned at chance encounters, as at rail crossings, with SNF or GTCC cargoes that will emanate routine, cumulative radiation on people, plants and property from even uneventful transports of SNF and GTCC wastes along anticipated rail routes.

John T. Benetti: Lives 3 miles from main trunk rail line over which nuclear waste from Fermi 2 nuclear power plant likely to travel. Concerned for personal safety and that of family from radiation exposure in the event of a serious transport accident, vandalism or terrorist attack on an SNF or GTCC shipment. If there are airborne or waterborne emissions from a breached cask during transport, concerned that he or family members might be exposed to radiation and suffer health consequences and serious property damage. Also concerned at chance encounters, as at rail crossings, with SNF or GTCC cargoes that will emanate routine, cumulative radiation on people, plants and property from even uneventful transports of SNF and GTCC wastes along anticipated rail routes.

Citizens Environmental Coalition (Upstate New York)

Lynda Schneekloth: Lives 1.5 miles from main trunk rail line over which nuclear waste from multiple nuclear power plants east of her home in Buffalo are likely to travel. Concerned for personal safety and that of family from radiation exposure in the event of a serious transport accident, vandalism or terrorist attack on an SNF or GTCC shipment. If there are airborne or waterborne emissions from a breached cask during transport, concerned that she or family members might be exposed to radiation and suffer health consequences and serious property damage. Also concerned at chance encounters, as at rail crossings, with SNF or GTCC cargoes that will emanate routine, cumulative radiation on people, plants and property from even uneventful transports of SNF and GTCC wastes along anticipated rail routes. USCA Case #21-1048 Document #1922236 Filed: 11/12/2021 Page 11 of 18 (Page 11 of Total)

Charley Bowman: Lives 8.2 miles from main trunk rail line over which nuclear waste from multiple nuclear power plants east of his home in Getzville are likely to travel. Concerned for personal safety and that of family from radiation exposure in the event of a serious transport accident, vandalism or terrorist attack on an SNF or GTCC shipment. If there are airborne or waterborne emissions from a breached cask during transport, concerned that he or family members might be exposed to radiation and suffer health consequences and serious property damage. Also concerned at chance encounters, as at rail crossings, with SNF or GTCC cargoes that will emanate routine, cumulative radiation on people, plants and property from even uneventful transports of SNF and GTCC wastes along anticipated rail routes.

Thomas Ellis: Lives 10 miles from main trunk rail line over which nuclear waste from multiple nuclear power plants east of his home in Albany are likely to travel.

Concerned for personal safety and that of family from radiation exposure in the event of a serious transport accident, vandalism or terrorist attack on an SNF or GTCC shipment. If there are airborne or waterborne emissions from a breached cask during transport, concerned that he or family members might be exposed to radiation and suffer health consequences and serious property damage. Also concerned at chance encounters, as at rail crossings, with SNF or GTCC cargoes that will emanate routine, cumulative radiation on people, plants and property from even uneventful transports of SNF and GTCC wastes along anticipated rail routes.

Joanne E. Hameister: Lives 10 miles from main trunk rail line over which nuclear waste from multiple nuclear power plants east of her home in East Aurora are likely to travel. Concerned for personal safety and that of family from radiation exposure in the event of a serious transport accident, vandalism or terrorist attack on an SNF or GTCC shipment. If there are airborne or waterborne emissions from a breached cask during transport, concerned that she or family members might be exposed to radiation and suffer health consequences and serious property damage.

Also concerned at chance encounters, as at rail crossings, with SNF or GTCC cargoes that will emanate routine, cumulative radiation on people, plants and property from even uneventful transports of SNF and GTCC wastes along USCA Case #21-1048 Document #1922236 Filed: 11/12/2021 Page 12 of 18 (Page 12 of Total)

anticipated rail routes.

Dont Waste Michigan (Locus in southeastern and western Michigan)

Hedwig Kaufman: Lives 5 miles from Fermi 2 nuclear power plant near Monroe, where SNF shipments will originate and move away by rail. Concerned for personal safety and that of family from radiation exposure in the event of a serious transport accident, vandalism or terrorist attack on an SNF or GTCC shipment. If there are airborne or waterborne emissions from a breached cask during transport, concerned that she or family members might be exposed to radiation and suffer health consequences and serious property damage. Also concerned at chance encounters, as at rail crossings, with SNF or GTCC cargoes that will emanate routine, cumulative radiation on people, plants and property from even uneventful transports of SNF and GTCC wastes along anticipated rail routes.

Martin Kaufman: Lives 5 miles from Fermi 2 nuclear power plant near Monroe, where SNF shipments will originate and move away by rail. Concerned for personal safety and that of family from radiation exposure in the event of a serious transport accident, vandalism or terrorist attack on an SNF or GTCC shipment. If there are airborne or waterborne emissions from a breached cask during transport, concerned that he or family members might be exposed to radiation and suffer health consequences and serious property damage. Also concerned at chance encounters, as at rail crossings, with SNF or GTCC cargoes that will emanate routine, cumulative radiation on people, plants and property from even uneventful transports of SNF and GTCC wastes along anticipated rail routes.

Michael Keegan: Lives 4 miles from Fermi 2 nuclear power plant near Monroe, where SNF shipments will originate and move away by rail. Concerned for personal safety and that of family from radiation exposure in the event of a serious transport accident, vandalism or terrorist attack on an SNF or GTCC shipment. If there are airborne or waterborne emissions from a breached cask during transport, concerned that he or family members might be exposed to radiation and suffer health consequences and serious property damage. Also concerned at chance encounters, as at rail crossings, with SNF or GTCC cargoes that will emanate USCA Case #21-1048 Document #1922236 Filed: 11/12/2021 Page 13 of 18 (Page 13 of Total)

routine, cumulative radiation on people, plants and property from even uneventful transports of SNF and GTCC wastes along anticipated rail routes.

Alice Hirt: Lives.25 mile from Lake Michigan, source of her drinking water in Holland, MI. Estimated 453 shipments of SNF from various Michigan and Wisconsin nuclear plants will travel on the Lake. Lives one mile from highway possibly will be used for heavy haul trucks moving SNF to a rail head. Concerned for personal safety and that of family from radiation exposure in the event of a serious transport accident, vandalism or terrorist attack on an SNF or GTCC shipment. If there are airborne or waterborne emissions from a breached cask during transport, concerned that she or family members might be exposed to radiation and suffer health consequences and serious property damage. Also concerned at chance encounters, as at rail crossings, with SNF or GTCC cargoes that will emanate routine, cumulative radiation on people, plants and property from even uneventful transports of SNF and GTCC wastes along anticipated rail routes.

Jessie Pauline Collins: Lives 3 miles from rail line over which Fermi 2 nuclear power plant SNF will be transported en route to Chicago area and points south.

Concerned for personal safety and that of family from radiation exposure in the event of a serious transport accident, vandalism or terrorist attack on an SNF or GTCC shipment. If there are airborne or waterborne emissions from a breached cask during transport, concerned that she or family members might be exposed to radiation and suffer health consequences and serious property damage. Also concerned at chance encounters, as at rail crossings, with SNF or GTCC cargoes that will emanate routine, cumulative radiation on people, plants and property from even uneventful transports of SNF and GTCC wastes along anticipated rail routes.

Nuclear Information and Education Service (Chicago and northern Illinois)

Joyce Harant: Lives 5.4 miles from main rail line through Peoria area which will transport SNF waste from a dozen or more nuclear power plants north and east of her home. Concerned for personal safety and that of family from radiation USCA Case #21-1048 Document #1922236 Filed: 11/12/2021 Page 14 of 18 (Page 14 of Total)

exposure in the event of a serious transport accident, vandalism or terrorist attack on an SNF or GTCC shipment. If there are airborne or waterborne emissions from a breached cask during transport, concerned that she or family members might be exposed to radiation and suffer health consequences and serious property damage.

Also concerned at chance encounters, as at rail crossings, with SNF or GTCC cargoes that will emanate routine, cumulative radiation on people, plants and property from even uneventful transports of SNF and GTCC wastes along anticipated rail routes.

Arlene Hickory: Lives 2 miles from main rail line through her home town of Lake Bluff which will transport SNF waste from nuclear plants in Wisconsin, north of her home. Concerned for personal safety and that of family from radiation exposure in the event of a serious transport accident, vandalism or terrorist attack on an SNF or GTCC shipment. If there are airborne or waterborne emissions from a breached cask during transport, concerned that she or family members might be exposed to radiation and suffer health consequences and serious property damage. Also concerned at chance encounters, as at rail crossings, with SNF or GTCC cargoes that will emanate routine, cumulative radiation on people, plants and property from even uneventful transports of SNF and GTCC wastes along anticipated rail routes.

Patricia Walter: Lives 2 miles from main rail line through her home town of Glenview which will transport SNF waste from nuclear plants in Wisconsin north of her home. Concerned for personal safety and that of family from radiation exposure in the event of a serious transport accident, vandalism or terrorist attack on an SNF or GTCC shipment. If there are airborne or waterborne emissions from a breached cask during transport, concerned that she or family members might be exposed to radiation and suffer health consequences and serious property damage.

Also concerned at chance encounters, as at rail crossings, with SNF or GTCC cargoes that will emanate routine, cumulative radiation on people, plants and property from even uneventful transports of SNF and GTCC wastes along anticipated rail routes.

Public Citizen, Inc. (Texas) USCA Case #21-1048 Document #1922236 Filed: 11/12/2021 Page 15 of 18 (Page 15 of Total)

Rev. James Caldwell: Lives 1 miles from main rail line through his home town of Houston, which will carry SNF waste from nuclear plants across the Southeast through eastern Texas. Concerned for personal safety and that of family from radiation exposure in the event of a serious transport accident, vandalism or terrorist attack on an SNF or GTCC shipment. If there are airborne or waterborne emissions from a breached cask during transport, concerned that he or family members might be exposed to radiation and suffer health consequences and serious property damage. Also concerned at chance encounters, as at rail crossings, with SNF or GTCC cargoes that will emanate routine, cumulative radiation on people, plants and property from even uneventful transports of SNF and GTCC wastes along anticipated rail routes.

San Luis Obispo Mothers for Peace (California)

Lucy Jane Swanson: Lives 12 miles from main rail line near San Luis Obispo over which SNF from the Diablo Canyon nuclear plant will travel. Heavy haul trucks will have to deliver the SNF to rail cars via a heavy duty highway 3 miles from her home. Concerned for personal safety and that of family from radiation exposure in the event of a serious transport accident, vandalism or terrorist attack on an SNF or GTCC shipment. If there are airborne or waterborne emissions from a breached cask during transport, concerned that she or family members might be exposed to radiation and suffer health consequences and serious property damage.

Also concerned at chance encounters, as at rail crossings, with SNF or GTCC cargoes that will emanate routine, cumulative radiation on people, plants and property from even uneventful transports of SNF and GTCC wastes along anticipated rail routes.

Jill ZamEk: Lives 12 miles from Diablo Canyon nuclear plant and rail line for hauling SNF from the plant is between 4 and 5 miles from her home in Arroyo Grande. If heavy haul trucks have to deliver the SNF to rail cars, the nearest heavy duty highway is 2 miles from her home. Concerned for personal safety and that of family from radiation exposure in the event of a serious transport accident, vandalism or terrorist attack on an SNF or GTCC shipment. If there are airborne or USCA Case #21-1048 Document #1922236 Filed: 11/12/2021 Page 16 of 18 (Page 16 of Total)

waterborne emissions from a breached cask during transport, concerned that she or family members might be exposed to radiation and suffer health consequences and serious property damage. Also concerned at chance encounters, as at rail crossings, with SNF or GTCC cargoes that will emanate routine, cumulative radiation on people, plants and property from even uneventful transports of SNF and GTCC wastes along anticipated rail routes.

Sustainable Energy and Economic Development (SEED) Coalition (Texas)

Brigitte Gardner-Aguilar: Lives in Eunice, New Mexico, 5 miles from the WCS site. The rail line passing through Eunice is 1.5 miles from her home, and 100% of all rail deliveries of SNF must travel on that rail line through Eunice. There will be at least 3,000 cargoes delivered to the WCS CISF, 95% of which will come via rail. Brigitte frequently must cross the rail trucks to travel north to Hobbs, New Mexico for dance lessons for her child as well as medical appointments and groceries. She is concerned for personal safety and that of family from radiation exposure in the event of a serious transport accident, vandalism or terrorist attack on an SNF or GTCC shipment. If there are airborne or waterborne emissions from a breached cask during transport, she concerned that she or family members might be exposed to radiation and suffer health consequences and serious property damage. Also she is concerned at chance encounters, as at rail crossings, with SNF or GTCC cargoes that will emanate routine, cumulative radiation on people, plants and property from even uneventful transports of SNF and GTCC wastes along anticipated rail routes.

Patricia Mona Golden: Lives in Van Horn, Texas, along the principal rail line that will be delivering SNF to WCS CISF from Arizona and California. Her workplace is 100 feet (100') from that rail line, and her home is one (1) city block from it. She is concerned for personal safety and that of family from radiation exposure in the event of a serious transport accident, vandalism or terrorist attack on an SNF or GTCC shipment. If there are airborne or waterborne emissions from a breached cask during transport, she concerned that she or family members might be exposed to radiation and suffer health consequences and serious property damage. Also she is concerned at chance encounters, as at rail crossings, with SNF USCA Case #21-1048 Document #1922236 Filed: 11/12/2021 Page 17 of 18 (Page 17 of Total)

or GTCC cargoes that will emanate routine, cumulative radiation on people, plants and property from even uneventful transports of SNF and GTCC wastes along anticipated rail routes.

November 12, 2021

/s/ Terry J. Lodge Terry J. Lodge, Esq.

316 N. Michigan St., Suite 520 Toledo, OH 43604-5627 (419) 205-7084 Fax (419) 932-6625 tjlodge50@yahoo.com lodgelaw@yahoo.com Counsel for Petitioners USCA Case #21-1048 Document #1922236 Filed: 11/12/2021 Page 18 of 18 (Page 18 of Total)

APPENDIX 1: STANDING DECLARATIONS Leona Morgan Citizens for Alternatives to Chemical Contamination Chambre Beauvais John T. Benetti Citizens Environmental Coalition Lynda Schneekloth Charlie Bowman Thomas Ellis Joanne E. Hameister USCA Case #21-1048 Document #1922236 Filed: 11/12/2021 Page 1 of 29 (Page 19 of Total)

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APPENDIX 2: STANDING DECLARATIONS Dont Waste Michigan Hedwig Kaufman Martin Kaufman Michael Keegan Alice Hirt Jessie Pauline Collins Nuclear Energy Information Service Joyce Harant Arlene Hickory Patricia Walter USCA Case #21-1048 Document #1922236 Filed: 11/12/2021 Page 1 of 32 (Page 48 of Total)

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DECLARATION OF MARTIN R. KAUFMAN I, Martin R. Kaufman, am the Declarant herein, and I hereby make the following statements under the penalty of perjury:

1) I am an adult citizen of the United States, am not under disability, and make the following statements voluntarily.
2) My residence address is 1515 East Hurd Road, Monroe, Michigan 48162.

3 The Nuclear Regulatory Commission considered and then granted a license to Interim Storage Partners for the construction and operation of WCS Consolidated Interim Spent Fuel Storage Facility in Andrews County, Texas. This radioactive waste facility will be developed for the purpose of storing up to 40,000 tons of high-level nuclear waste in the form of spent nuclear fuel (SNF), and greater-than-Class-C (GTCC) wastes for at least 80 years, and possibly for centuries. The facility will receive delivery of at least 3,000 shipments up to 8,000 shipments of SNF-filled or GTCC waste-filled casks. These dangerous radioactive wastes will be transported by truck, barge and/or rail to WCS. I understand that the deliveries to WCS will take place over 20 years and literally will involve hundreds of thousands of miles of railroad travel.

4) All or nearly all of the planned deliveries of SNF and GTCC waste to WCS are presently planned to be via railroad. Some may involve barge shipment and highway transport over earlier stages of shipment. Figure 2.2-4 on p. 2-71 of the WCS Environmental Report (Rev. 3) which is a U.S. national map of main 1

trunk line rail routes that will be used by WCS to transport SNF and GTCC. I note that the rail route spur into and out of Fermi 2 nuclear plant is within 2.5 miles of my home and where I recreate. The rail spur going into and out of Fermi 2 nuclear plant is to meet a rail corridor shared by Norfolk Southern Railway and Canadian National Railway and CSX Transportation before heading north through Detroit, then west toward Plymouth, Michigan. This route will be used to transport many cargoes of SNF and/or GTCC wastes to the WCS facility. The Fermi 2 nuclear plant is 5 miles from my home. In addition to the threat from Fermi 2 nuclear reactor, Fermi 2 has on site an independent spent fuel storage installation (ISFSI) containging SNF. My sole source of drinking water for family draws from water https://www.nrc.gov/docs/ML2005/ML20052E152.pdf 1

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DECLARATION OF MICHAEL KEEGAN I, Michael Keegan, am the Declarant herein, and I hereby make the following statements under the penalty of perjury:

1) I am an adult citizen of the United States, am not under disability, and make the following statements voluntarily.
2) My residence address is 811 Harrison St., Monroe, Michigan 48161.
3) I have investigated into the case where the Nuclear Regulatory Commission considered and then granted a license to Interim Storage Partners for the construction and operation of WCS Consolidated Interim Spent Fuel Storage Facility in Andrews County, Texas. This radioactive waste facility will be developed for the purpose of storing up to 40,000 tons of high-level nuclear waste in the form of spent nuclear fuel (SNF), and greater-than-Class-C (GTCC) wastes for at least 80 years, and possibly for centuries. The facility will receive delivery of at least 3,000 shipments up to 8,000 shipments of SNF-filled or GTCC waste-filled casks. These dangerous radioactive wastes will be transported by truck, barge and/or rail to WCS. I understand that the deliveries to WCS will take place over 20 years and literally will involve hundreds of thousands of miles of railroad travel.
4) All or nearly all of the planned deliveries of SNF and GTCC waste to WCS are presently planned to be via railroad. Some may involve barge shipment and highway transport over earlier stages of shipment. I have studied Figure 2.2-4 on p. 2-71 of the WCS Environmental Report (Rev. 3), which is a U.S. national 1

map of main trunk line rail routes that will be used by WCS to transport SNF and GTCC. I note that the rail route spur into and out of the Fermi 2 nuclear plant is within 6 miles of my home and where I recreate. The rail spur going into and out of Fermi 2 nuclear plant meets a rail line shared by Norfolk Southern Railway, Canadian National Railway and CSX Transportation before heading north through Detroit, then west to Plymouth, Michigan. This route will be used to transport many cargoes of SNF and/or GTCC wastes to the WCS facility. The Fermi 2 nuclear plant is 4 miles from my home. In addition to the threat from the Fermi 2 https://www.nrc.gov/docs/ML2005/ML20052E152.pdf 1

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nuclear reactor, Fermi 2 has on site SNF. My sole source of drinking water for family draws from water intake pipes 1/4 mile and 1/2 mile from the Fermi 2 site.

An accident with SNF while loading could be catastrophic, and affect the entire Great Lake Erie and region.

5) I am concerned for my personal safety and that of my household from radiation exposure in the event of a serious transport accident, vandalism or a terrorist attack on a shipment. I believe that if there are airborne or waterborne emissions from a breached cask during transport that those in my household and I might be exposed to radiation and suffer health consequences and serious property damage. I disagree with the rosy projections of error-free transport predicted by ISP and the Nuclear Regulatory Commission in the Draft and Final Environmental Impact Statements and Safety Evaluation Report, which are parts of the ISP proposal.
6) There is no planned public health impact assessment of the effects on public health and the environment of the expected 20+ years of transports of SNF and GTCC waste, and only a superficial analysis of the risks from unbreached casks in transport.
7) I note that the NRC has approved a policy of start clean/stay clean, where if a cask is delivered to the facility with a radiation leakage problem, it will supposedly be wiped down and the rail car with the cask will be moved to a storage platform at the site for indefinite storage. There seem to be no provisions for dealing with casks with serious exterior radioactive contamination, leakage, structural damage or structural failure upon their arrival at WCS, or with casks where problems develop after theyve been received at WCS. I am concerned that actively-leaking or damaged casks or casks with damaged spent fuel in them will travel close to my home, place of employment and/or places where I seek recreation. I believe that the risks of a radiation accident from leaking, damaged or contaminated casks will be present. I note that the WCS application documents contain no analysis of the potential scenarios involving a breached cask in transit.

Further, there is no analysis in them that addresses the potential contamination of land, water and property resources or the threat to public health and the environment from such a practice.

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APPENDIX 3: STANDING DECLARATIONS Public Citizen, Inc.

Rev. James Caldwell San Luis Obispo Mothers for Peace Lucy Jane Swanson Jill ZamEk Sustainable Energy and Economic Development (SEED) Coalition Brigitte Gardner-Aguilar Patricia Mona Golden USCA Case #21-1048 Document #1922236 Filed: 11/12/2021 Page 1 of 27 (Page 80 of Total)





  

       

 

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DECLARATION OF LUCY JANE SWANSON I, Lucy Jane Swanson, am the Declarant herein, and I hereby make the following statements under the penalty of perjury:

1) I am an adult citizen of the United States, am not under disability, and make the following statements voluntarily.
2) My residence address is 475 Squire Canyon Road, San Luis Obispo, CA 93401.
3) I have investigated into the case where the Nuclear Regulatory Commission considered and then granted a license to Interim Storage Partners for the construction and operation of WCS Consolidated Interim Spent Fuel Storage Facility in Andrews County, Texas. This radioactive waste facility will be developed for the purpose of storing up to 40,000 tons of high-level nuclear waste in the form of spent nuclear fuel (SNF), and greater-than-Class-C (GTCC) wastes for at least 80 years, and possibly for centuries. The facility will receive delivery of at least 3,000 shipments up to 8,000 shipments of SNF-filled or GTCC waste-filled casks. These dangerous radioactive wastes will be transported by truck, barge and/or rail to WCS. I understand that the deliveries to WCS will take place over 24 years and literally will involve rail, highway and water transport.
4) I live near the Diablo Canyon Nuclear Plant in California. I have learned that all or nearly all of the planned deliveries of SNF and GTCC waste to WCS are presently planned to be via railroad. Some may involve barge shipment and highway transport over earlier stages of shipment. I have studied Department of Energy maps of rail and highway transportation routes identified for the Yucca Mountain geological repository case, and note that one or more rail transport routes are within 12 miles of my (home/place of work/place of recreation) and that such route will likely be used to transport many cargoes of SNF and/or GTCC wastes to the WCS facility. But it will be necessary to haul those wastes by truck from the Diablo plant to the railroad, and the intersection of the only road leading away from the Diablo Canyon plant to the Highway 101 freeway or its frontage roads is within three miles of my home, as verified by the map posted on the website of the San Luis Obispo County Office of Emergency Services at http://www.slocounty.ca.gov/Departments/Office-of-Emergency-Services.aspx. It Page 1 of 3 USCA Case #21-1048 Document #1922236 Filed: 11/12/2021 Page 7 of 27 (Page 86 of Total)

appears that the hundreds of loads of SNF and GTCC waste will have to travel three miles from my home.

5) I am concerned for my personal safety and that of others in my household from radiation exposure in the event of a serious transport accident, vandalism or a terrorist attack on a shipment. I believe that if there are airborne or waterborne emissions from a breached cask during transport that those in my household and I might be exposed to radiation and suffer health consequences and serious property damage. I disagree with the rosy projections of error-free transport predicted by ISP and the Nuclear Regulatory Commission in the Draft and Final Environmental Impact Statements and Safety Evaluation Report, which are parts of the ISP proposal.
6) There is no planned public health impact assessment of the effects on public health and the environment of the expected 20+ years of transports of SNF and GTCC waste, and only a superficial analysis of the risks from unbreached casks in transport.
7) I note that the NRC has approved a policy of start clean/stay clean, where if a cask is delivered to the facility with a radiation leakage problem, it will supposedly be wiped down and the rail car with the cask will be moved to a storage platform at the site for indefinite storage. There seem to be no provisions for dealing with casks with serious exterior radioactive contamination, leakage, structural damage or structural failure upon their arrival at WCS, or with casks where problems develop after theyve been received at WCS. I am concerned that actively-leaking or damaged casks or casks with damaged spent fuel in them will travel close to my home, place of employment and/or places where I seek recreation. I believe that the risks of a radiation accident from leaking, damaged or contaminated casks will be present. I note that the WCS application documents contain no analysis of the potential scenarios involving a breached cask in transit.

Further, there is no analysis in them that addresses the potential contamination of land, water and property resources or the threat to public health and the environment from such a practice.

8) I understand the casks, once set on rail cars, will be extremely heavy and concentrated loads on the tracks, and similarly will be unusually heavy loads on the specially-built truck trailers used to transport them on highways. I am concerned Page 2 of 3 USCA Case #21-1048 Document #1922236 Filed: 11/12/2021 Page 8 of 27 (Page 87 of Total)

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DECLARATION OF JILL ZAMEK I, Jill ZamEk, am the Declarant herein, and I hereby make the following statements under the penalty of perjury:

1) I am an adult citizen of the United States, am not under disability, and make the following statements voluntarily.
2) My residence address is 1123 Flora Road, Arroyo Grande, California 93420.
3) I have investigated into the case where the Nuclear Regulatory Commission considered and then granted a license to Interim Storage Partners for the construction and operation of WCS Consolidated Interim Spent Fuel Storage Facility in Andrews County, Texas. This radioactive waste facility will be developed for the purpose of storing up to 40,000 tons of high-level nuclear waste in the form of spent nuclear fuel (SNF), and greater-than-Class-C (GTCC) wastes for at least 80 years, and possibly for centuries. The facility will receive delivery of at least 3,000 shipments up to 8,000 shipments of SNF-filled or GTCC waste-filled casks. These dangerous radioactive wastes will be transported by truck, barge and/or rail to WCS. I understand that the deliveries to WCS will take place over 24 years and literally will involve rail, highway and water transport.
4) At least 95% of the planned shipments to WCS in Texas will be railroad deliveries. I have studied Department of Energy maps of rail, water and highway transportation routes, and I have made some observations about the routes which will likely be used to transport dozens of cargoes of SNF and/or GTCC wastes from the Diablo Canyon nuclear plant to the WCS facility. The Diablo Canyon plant is approximately 12 miles from my home. If transport of SNF/GTCC is by rail, the only rail line for at least 10 miles in any direction from Diablo Canyon passes within 4 to 5 miles of my home. The major U.S. highway nearest the plant, on which truck transports of SNF/GTCC, passes within 2 miles of my home. If the SNF/GTCC is loaded on a barge to be sent elsewhere by water, the barge loading area for Diablo Canyon is 10 miles from my home.
5) I am concerned for my personal safety and that of others in my household from radiation exposure in the event of a serious transport accident, vandalism or a Page 1 of 3 USCA Case #21-1048 Document #1922236 Filed: 11/12/2021 Page 11 of 27 (Page 90 of Total)

terrorist attack on a shipment. I believe that if there are airborne or waterborne emissions from a breached cask during transport that those in my household and I might be exposed to radiation and suffer health consequences and serious property damage. I disagree with the rosy projections of error-free transport predicted by ISP and the Nuclear Regulatory Commission in the Draft and Final Environmental Impact Statements and Safety Evaluation Report, which are parts of the ISP proposal.

6) There is no planned public health impact assessment of the effects on public health and the environment of the expected 20+ years of transports of SNF and GTCC waste, and only a superficial analysis of the risks from unbreached casks in transport.
7) I note that the NRC has approved a policy of start clean/stay clean, where if a cask is delivered to the facility with a radiation leakage problem, it will supposedly be wiped down and the rail car with the cask will be moved to a storage platform at the site for indefinite storage. There seem to be no provisions for dealing with casks with serious exterior radioactive contamination, leakage, structural damage or structural failure upon their arrival at WCS, or with casks where problems develop after theyve been received at WCS. I am concerned that actively-leaking or damaged casks or casks with damaged spent fuel in them will travel close to my home, place of employment and/or places where I seek recreation. I believe that the risks of a radiation accident from leaking, damaged or contaminated casks will be present. I note that the WCS application documents contain no analysis of the potential scenarios involving a breached cask in transit.

Further, there is no analysis in them that addresses the potential contamination of land, water and property resources or the threat to public health and the environment from such a practice.

8) I understand the casks, once set on rail cars, will be extremely heavy and concentrated loads on the tracks, and similarly will be unusually heavy loads on the specially-built truck trailers used to transport them on highways. I am concerned that scenarios not contemplated by ISP/WCS in its application documents could occur, such as a radioactive cask being so overweight that it derails and sits for days or longer in an area in which I live/work/recreate; or a truck trailer load failure that requires transfer of the transport cask onto another trailer occurring near me or others in my household.

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