|
August 22, 2002
Attorney General Roy Cooper
State of North Carolina
Via Fax: 919-716-6750
Subject: Federal violation confirms the need for
your action on nuclear transports
Dear Attorney General Cooper,
The U.S. Nuclear Regulatory Commission has repeatedly
violated its own rules by delaying its response to a petition regarding transports of high-level nuclear waste by
Carolina Power & Light to its Shearon Harris plant in Wake County. This inaction reaffirms the need for you to
act on the May 15 complaint by 18 organizations calling for you to stop the shipments.
We have attached copies of two letters, dated
11/5/01 and 2/12/02, seeking NRC action to halt CP&L’s waste fuel transports pending open hearings, with public and
local government involvement, in order to conduct a first-ever evaluation of the risks of transport and terrorism.
NC WARN has been notified by telephone on three separate occasions this year that, despite a 120-day response
requirement, the NRC’s Petition Review Board has repeatedly sought and received extensions.
It has now been nine months since the petition was filed with the NRC.
We have requested assistance in this matter from Sen.
Edwards, Sen. Helms, Rep. Price and Rep. Etheridge, but none has taken action. In addition, I understand that
Chatham County Commissioner Rick Givens has been met with inaction by those same officials regarding his insistence,
based on his extensive military and airlines career, that the waste transports pose an unacceptable risk,
particularly with the nation on alert for possible attacks on nuclear facilities.
The urgency of this matter seems to be disregarded by
federal officials, despite the open admission of its severity. Sen. Edwards wrote to us of his concerns about
future transports to Yucca Mountain, but seems oblivious to the fact that the same type of shipments are
already occurring monthly in his home state. He also expressed “deep concern that [without a federal
repository], North Carolina would become one of the largest storage sites in the nation.” Again, he ignores
that based on federal information, Shearon Harris’ pools will still be packed after Yucca is closed. Long
before Yucca opens, if ever, Harris will become the largest U.S. site.
Protecting waste fuel stored at each plant will continue
to be a prominent challenge for decades. Risks must be reduced -- starting now—by halting CP&L’s
unnecessary shipment of nuclear waste, thereby halting the accumulation in Harris’ vulnerable waste pool building.
We remind you that CP&L is the only utility in the nation transporting high-level nuclear waste.
There seems to be little doubt that the NRC intends to
ultimately side with CP&L in this matter.
This is part of a larger pattern by the federal government to
protect the industry by delaying, or altogether avoiding, a reevaluation of safeguards for the largest and most
vulnerable target at nuclear power plants – cooling pools for waste fuel. We recently learned that the NRC
plans to spend another two years before issuing revised orders for nuclear plant security.
Since the federal government is unwilling to prioritize public
safety by standing up to the well-funded nuclear industry, it is incumbent on you, as North Carolina’s top law
enforcement official, to protect the public from the entirely unnecessary risks created by CP&L corporation.
During a lengthy meeting in June with your general counsel, J. B. Kelly, he indicated that it would take some time
for your office to review our request for your action. There is no dispute that the State does, indeed, have
the authority under its constitution to maintain control over a corporation chartered in North Carolina. We
again urge you to exercise that duty.
Because of so much misunderstanding in other offices, we
would like to know that you have given this issue your personal attention. We respectfully request that you and
Mr. Kelly meet with us within the next two weeks to apprise us about your review of our petition and your intended
action.
Also, CP&L still has not been required to comment on, nor has
it rebutted in any way, the increasingly popular argument that the company should stop importing waste to Harris, and
instead, protect it in hardened storage at each plant. Thus, we ask that you use your high office to facilitate
a response from CP&L; at the very least the company should be required to present an open explanation as to the
comparative risks of its current waste management versus hardened dry storage at each plant.
On behalf of the 18 petitioning organizations, we thank
you for your diligent review of our petition and look forward to your prompt reply.
Sincerely,
Jim Warren
Executive Director
P. Lewis Pitts
Attorney
CC: Sen. Jesse Helms
Sen. John Edwards
Rep. David Price
Rep. Bob Etheridge
Gov. Mike Easley
Petitioning Organizations
| 
