Legalectric

In the news:

NRC lacks authority to license private, away-from-reactor nuclear waste facility: 5th Circuit

Really? Yes…

Interim Storage Partners wants to have a private nuclear waste storage facility sited in Texas. They applied and the Nuclear Regulatory Commission issued a license. But that licensing decision has been upended, and project proponents Interim Storage Partners‘ and Waste Control Specialists’ dreams are in limbo.

“Our” Xcel Energy is fervently hoping that it, or another private nuclear waste storage facility, will take all that nuclear waste that’s piling up in Minnesota and put Xcel Energy out of its nuclear waste conundrum misery. Dream on… how’s that working for ya, Xcel?

I’m reminded of another Xcel Energy (NSP) project: “Private Fuel Storage” and the attempt to site nuclear waste on the Goshute reservation in Utah, which was ultimately withdrawn by the applicants. Given this decision, it seems we may have missed a good argument on that project, but on the other hand, the NRC did not license it.

The essence of the challenge, after wading through the “standing” arguments, was that the Nuclear Regulatory Commission did not have authority to license a private operation.

The court agreed, and said:

And the conclusion?

Here’s the entire decision, for your edification and reading enjoyment:

Jack Smith, via David V. Harbach, II, in a restrained and cautious Reply brief, builds the case showng how bizarre Judge Cannon’s decisions are, and how appealable and how ultimately recusable Judge “Loose” Cannon will be. Here ’tis:

The MPCA is looking for comments on its Wild Rice Rule, due September 4th, just over two weeks from now.

COMMENT FORM TO MPCA

They make it kind of hard to find what to comment about, the link, rather than being front and center, is at the very bottom of the comment page. So here it is, easy peasy:

Framework for developing and evaluating site-specific sulfate standards for the protection of wild rice

Now think about it — this proposal is “site-specific” which focuses on where the pollution ends up, with no regard to the source. Makes no sense, unless your one of those sources, and a source asking for a way to circumvent the current rule.

Again, let the MPCA know what you think:

MPCA COMMENT FORM

Thanks to the STrib for getting word out and LINKING!!! Here ’tis:

Two Minnesota iron mines want exemption from state pollution rule designed to protect wild rice

Comments on the Xcel/Northfield AUAR are due TOMORROW. Here’s the AUAR:

DRAFT AUAR HERE

Send comments to Northfield, and I’d recommend you also send to Xcel and Stantec:

• Northfield: Mikayla.Schmidt@ci.northfield.mn.us with Xcel/Northfield Draft AUAR in the subject line, or if hard copy, Mikayla Schmidt, City of Northfield, 801 Washington St., Northfield, MN 55057.
• Xcel Energy: Jacob.N.Ander@xcelenergy.com
• Stantec: Erin. Sejkora@stantec.com

The biggest issue I see is the proposal to allow for building a “technology center” without disclosing details of what’s planned, particularly in large energy load and infrastructure needed to support it, and also the noise that it would generate. Others will have other concerns, likely about the industrial area proposed, with or without the “technology center,” with traffic a likely concern, along 2-lane Hwy. 19 and maybe even through town from Hwy. 3 to Hwy. 19 heading west, not a great route for truck traffic. Would a shortcut around Northfield from Hwy. 3 be needed? And all this happening near the hospital, would there be impacts?

LET NORTHFIELD, XCEL ENERGY, AND STANTEC KNOW WHAT YOU THINK.

Fani Willis is seeking a trial date within 6 months, and said she intends to try the 19 defendants together. Warrants have been issued and the defendants have until high-noon on Friday to turn themselves in.

Here’s the indictment, and I’m starting to read: