Midwestern Radioactive Materials Transportation Committee News


Departing MRMTC Co-Chair Kaci Studer, Indiana (right), with current Co-Chair Tiffany Drake, Missouri (left), and Immediate Past Chair Greg Gothard, Michigan (center)

It is both our happy and sad news to share that Midwestern Radioactive Materials Transportation Committee (MRMTC) Co-Chair Kaci Studer will be stepping down from her position on Friday, October 9th. It is happy news because Kaci will be taking a new position working with the U.S. Department of Homeland Security's (DHS) Countering Weapons of Mass Destruction Office's Mobile Detection Deployment Program. The position will allow her to grow her career, stay in Indiana, and continue serving the citizens and radiation programs of the Midwest.

It is sad news because the MRMTC will deeply miss Kaci's leadership. During her six and a half years on the committee, and almost two years as Co-Chair, Kaci made a profound impact - whether it was representing the Midwest at the Annual Meetings of the National Transportation Stakeholders Forum (NTSF) and Transportation Core Group meetings, championing the Regional Tribal Engagement (RTE) Work Group, or hosting last Fall's MRMTC Meeting and Transportation Tabletop Workshop in Indianapolis. Thank you, Kaci, and best of luck in your new position!

Speaking of Fall Meetings of the MRMTC, registration for the MRMTC Fall 2020 Virtual Meetings is now open! Taking place on November 10 from 10 am - 12 pm CST and November 12 from 12 - 2 pm CST, the meetings will feature U.S. Department of Energy (DOE) reports, a Vermont Yankee shipments presentation, and a discussion on developments related to rail transportation. To view the full preliminary agenda, please visit the MRMTC website. If you plan on attending, please register beforehand.

Finally, on September 23, MRMTC staffers Lisa Janairo and Mitch Arvidson were fortunate enough to attend and participate in the Tribal Radioactive Materials Transportation Committee's (TRMTC) Virtual Meeting. During the meeting, they presented on the formation, history, and current status of the MRMTC's RTE Work Group. In part, this presentation was intended to provide some guidance for other State Regional Groups (SRGs) interested in similar projects. A main topic of discussion during the rest of the TRMTC Virtual Meeting was the question of who is going to pay for emergency management preparations for private sector shipments of radioactive material. This is a vexing question that faces all states and Tribes and could be another possible area for collaboration.

NATIONAL TRANSPORTATION STAKEHOLDERS FORUM

During the last NTSF Planning Committee (PC) meeting on September 15, it was decided that the 2021 Annual Meeting of the NTSF will no longer be held in Charleston, South Carolina, but instead will be held in Dallas, Texas. This change is due to the difficulty organizers were having in securing lodging and event space at the U.S. government rate in Charleston. Dallas' status as a hub for several airlines should also reduce travel costs for most attendees. Stay tuned for more 2021 Annual NTSF Meeting updates regarding agendas, COVID-19 precautions, etc. In further annual meeting news, Uldis Vanags, lead staffer for the Northeast High-Level Radioactive Waste Transportation Task Force, has begun initial inquiries for the 2022 Annual NTSF Meeting, which will be held in the Northeastern region.

In other NTSF news, a new webinar has been announced! The revision of DOE Order 460.2, "Departmental Materials Transportation and Packaging Management," is nearing completion. Therefore, DOE will present an overview of the revised Order and highlight key changes that may be of interest to state and tribal partners. There will be time at the end for Q&A. The webinar will be recorded and posted on the NTSF wiki site. Advance registration is required and can be done here.

Finally, two other SRGs are planning to hold virtual meetings in the coming months. First, the Western Interstate Energy Board (WIEB) High-Level Radioactive Waste Committee will be holding its meeting on Wednesday, October 28. Then, on October 29, the Northeast High-Level Radioactive Waste Transportation Task Force will hold its meeting. If you are interested in one or both meetings, let Mitch Arvidson know and he will send you registration information when available.

FOCUS THIS MONTH

Ohio, Illinois, and Federal Legislative Updates


Perry Nuclear Power Plant, one of two plants at the heart of Ohio's HB 6 scandal

As covered in previous newsletter editions, the saga of Ohio's House Bill (HB) 6 has turned into a nightmare for all involved. After then-Ohio Speaker of the House Larry Householder and four associates were arrested by Federal Bureau of Investigation (FBI) agents on July 21 for racketeering, bribery, and money laundering in relation to the passage of HB 6, both Ohio's legislative and executive branches have sought to block HB 6's implementation. As a reminder, HB 6 authorized a $150-million annual bailout, paid by ratepayers, to Energy Harbor (formerly FirstEnergy Corp.'s subsidiary, FirstEnergy Solutions) to keep its Davis-Besse and Perry nuclear power plants running.

On the legislative side, Senate Bill (SB) 346, HB 738, and HB 746 were introduced on July 28, 29, and August 6, respectively. The companion bills would all repeal HB 6 and revive prior laws concerning electric service, renewable energy, and energy efficiency. In one of his first official actions, new Ohio Speaker of the House Bob Cupp announced the creation of the House Select Committee on Energy Policy and Oversight. This select committee has met four times since its formation and will consider all bills related to the repeal and/or replacement of HB 6.

On the executive side, Ohio Attorney General Dave Yost has been very busy. First, on August 17, he asked a federal court to halt bankruptcy payments to Energy Harbor. The company filed for Chapter 11 bankruptcy in 2018 as competition from cheap natural gas greatly increased the company's debt. In Yost's filing, he claims the payments should be blocked because the Householder development "raises concerns that the Debtor may not have entered into the bankruptcy with clean hands." Then, on September 23, AG Yost filed a lawsuit in state court against FirstEnergy Corp., Energy Harbor, Larry Householder, and Householder's associates. The lawsuit seeks an injunction to halt HB 6 funds from going to Energy Harbor, which would likely start in April 2021. Other aspects of the legislation, including subsidies to two coal power plants on the Ohio River, would not be affected by the lawsuit. Some lawmakers believe the repeal bills are being slow-walked and Yost's lawsuit indicates a backup plan. AG Yost countered saying the repeal legislation is very complicated and his lawsuit has nothing to do with the proposed repeal bills.

AP News has more information on the bankruptcy request and EnergyWire covers the lawsuit.


	Dresden Generating Station, which Exelon has threatened to shut down in 2021

In other legislative news from the region, Exelon threatened to close its Dresden and Byron nuclear power plants in Illinois by the fall of 2021 if the state does not provide a subsidy. In 2016, the Illinois General Assembly approved a $235-million annual bailout when Exelon threatened to close its Quad Cities and Clinton nuclear power plants, also in Illinois. Illinois Gov. J.B. Pritzker has pledged not to sign a bill "written by the utility companies" and Illinois Senate President Don Harmon has threatened to introduce legislation forcing Exelon to sell the Byron and Dresden plants if they do not back down from their closure plans.

While Exelon is considering shutting down two of its nuclear power plants, its Chicago-area subsidiary ComEd is facing many legal challenges. Former ComEd Vice President Fidel Marquez pleaded guilty on September 29 to charges relating to his involvement in a bribery conspiracy in which ComEd received favorable legislation and support from longtime Illinois House Speaker Michael Madigan in exchange for jobs and contracts for Madigan allies. Prosecutors are just recommending probation for Marquez, which could indicate they have their sights set on larger targets like Madigan, who has not yet been charged with any crime.

The Chicago Tribune goes into more detail about Exelon's closures threat and WGN covers the bribery scheme.

Finally, H.R. 8258, the Spent Nuclear Fuel Solutions Research and Development Act, was introduced on September 15. This legislation would, in part, create a new DOE spent nuclear fuel (SNF) research and development program. With a five-year proposed budget of $500 million, the program would examine deep geological storage and disposal, SNF transportation, consolidated interim storage, and dry cask storage. You can follow this bill and all other state and federal legislation related to nuclear energy and transportation on the MRMTC's Legislative Tracker.

Thanks to Kaci Studer for bringing H.R. 8258 to our attention!

NUCLEAR NEWS

New Mexico's U.S. Senators Oppose NRC Virtual Meetings

After the onset of the COVID-19 pandemic, the U.S. Nuclear Regulatory Commission (NRC) shifted many of their legally required public hearings to online webinars, including those on the environmental impact statement (EIS) for Holtec's proposed consolidated interim storage facility (CISF) in southeastern New Mexico. Many New Mexicans, including U.S. Senators Martin Heinrich and Tom Udall, have opposed this move to a virtual format. Activists have said that the virtual meetings exclude those New Mexicans living without sufficient internet service and they urged the NRC to pause the EIS finalization until public meetings can be safely held in-person.

In an August 18 letter to NRC Chairperson Kristine Svinicki, Senators Heinrich and Udall wrote, "Ultimately, there is no compelling public interest reason to justify this rush to replace meetings with virtual webinars, and this decision gives the Commission the appearance of valuing the preferences of a for-profit company looking to store highly dangerous nuclear waste over that of the public and their elected representatives." In a September 15 response, Chairperson Svinicki thanked the senators for their interest and said that, by extending the comment period, holding six webinars, and allowing for comment submissions via email, the NRC has allowed for sufficient public input.

The Carlsbad Current Argus has more coverage.

DOE's High-Level Radioactive Waste (HLW) Interpretation In Action


A shipment of DWPF recycle wastewater departs the SRS (photo courtesy of DOE-EM)

Recently, DOE implemented a science-based HLW interpretation that determines how waste can be managed based on its radioactivity, as opposed to its source. Therefore, things like recycle wastewater from the Defense Waste Processing Facility (DWPF) that used to be considered HLW can now meet waste acceptance criteria for low-level radioactive waste (LLW) disposal facilities. On September 22, this interpretation was put into action when DOE shipped eight gallons of recycle wastewater from the Savannah River Site (SRS) in South Carolina to Waste Control Specialists (WCS) in Andrews, Texas.

Read the DOE Office of Environmental Management's (DOE-EM) press release here and learn more about the HLW interpretation here.

Public Engagement from Our Northern Neighbors

Canada's Nuclear Waste Management Organization (NWMO) is the group managing the country's design and implementation of an SNF deep geological repository (DGR), and the related transportation of said SNF. Recently, the NWMO released Moving forward together: An invitation to review a draft planning framework for the transportation of used nuclear fuel. This publication outlines the transportation planning framework and invites members of the public to provide feedback.

According to the framework, "Transportation will involve placing these solid used fuel bundles in a transportation package that is specially designed to protect people and the environment during transportation, including in accident conditions. These transportation packages will be transported by road and/or rail, depending on the location chosen for the deep geological repository." The NWMO expects to identify the host community for the DGR by 2023 and begin transportation activities in the 2040s. Feedback can be provided via comment forms at the end of the framework or this online survey. This level of public engagement can serve as a best practice and/or model for the United States.

World Nuclear News has more.


	Ji Wiley, Louisiana

One More Thing

Those of you who have been involved with the NTSF in recent years may know Ji Wiley. Ji was a Co-Lead of the NTSF Communications Ad Hoc Working Group (AHWG) and a very active member of the Southern States Energy Board (SSEB), representing Louisiana's Radiological Emergency Planning and Response (REP&R) Program.

Ji is leaving her position with the state of Louisiana to take a position with Louisiana State University's (LSU) Center for Advance Microstructures and Devices (CAMD). CAMD provides researchers access to the only synchrotron light source in the southeastern U.S. and is one of seven such facilities in the country. This technology is used to study green methods of energy generation, the toxins produced during combustion, methods and therapies to more effectively diagnose and treat cancer, and for many other purposes. Congratulations on the new position, Ji, and thank you for all your work with the NTSF!

Thank you for reading. Watch for the next edition to come out on

November 5, 2020.

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Please do not reproduce or create new content from this material without the prior express written permission of CSG Midwest.

This material is based upon work supported by the Department of Energy under Award Numbers DE-NE0008604, DE-EM0004869, and DE-EM0005168.

This report was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government nor any agency thereof, nor any of their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by the United States Government or any agency thereof. The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States Government or any agency thereof.