A victory! PFS is all but dead
Updated 9/25/06

Nuclear Waste Dump No Longer Threatens Our Homeland; Private Fuel Storage Dump Defeated!
Press statement by Margene Bullcreek of OHNGO GUADADEH DEVIA
Skull Valley Goshute Reservation, Utah

September 7 , 2006 Interior Dumps N-Waste Plan
In a one-two punch that may mean the death of a plan to store thousands of tons of nuclear waste about an hour's drive from Salt Lake City, the U.S. Interior Department on Thursday rejected the lease to build the facility. The Bureau of Indian Affairs and the Bureau of Land Management each delivered a Record of Decision, opting to take "no action" on the plan. The BIA cited as its main argument that the "pre-approval" of the original contract was not legal by Bureau regulations, and the BLM noted that since no assessment could be made of the impact of the spent nuclear fuel leaving the site, the Environmental Impact Statement was incomplete, and therefore they could not approve either requested right of way. We thank those of you who submitted comments to the BLM urging them to reject the request for the right-of-way. You can read the 2 Records of Decision in their entirety (46 page PDF file) here

9/11/06 Shundahai Network statement

Dear friends,

We are delighted to announce an exciting development in the long struggle to stop the Private Fuel Storage (PFS) high-level nuclear waste project proposed for the Skull Valley Goshute Reservation in Utah.

After a 9-year fight, the U.S. Interior Department on Thursday rejected the lease for the nuclear facility. This came in the form of a “one-two punch” that may have finally put an end to a plan to store 40,000 tons of high-level nuclear waste on this unique reservation- about an hour's drive from Salt Lake City, Utah.

At the outset, we want to sincerely thank everyone who has participated in this struggle with us. Countless Native and non-Native individuals and organizations have assisted with everything from contacting legislators, to participating in licensing and technical hearings, to sponsoring and hosting Goshute and Shundahai Network personnel at related educational events around the country, to supporting and attending events on
the Reservation in support of Goshute's who have been fighting endlessly to stop this nuclear dump.

This is a victory for all of us!

SUMMARY:
On Thursday, September 7th, the Bureau of Indian Affairs (BIA) and the Bureau of Land Management (BLM) each delivered a Record of Decision, opting to take "no action" on the plan to store 40,000 tons of high-level nuclear waste on the Skull Valley Goshute Reservation in Utah. You can read the 2 Records of Decision in their entirety (46 page PDF file) here

The BIA Record Of Decision focused on the irregularity of their preliminary approval of the PFS lease in 1997, noting that the BIA regional office that originally agreed to a conditional lease for the PFS dump did not have the purview to make the approval. It cites bureau policy at the time that specifically disallowed such approvals. It also notes the unenforceability of the lease because if there are violations, how can you evict such an expensive and dangerous tenant? It also discussed security issues such as difficulties with law enforcement, including lack of jurisdiction of Tooele County and the long distance from other BIA police services.

The BLM Record Of Decision focused on the fact that the Environmental Impact Statement (EIS) made no mention of the possible impacts of removing the tens of thousands of tons of used nuclear fuel from “temporary” storage in Skull Valley in northern Utah, to permanent storage at Yucca Mountain in southern Nevada. Specific concerns included possible impacts on the state road through Skull Valley and on its other uses. It also notes the essential violation of the Pony Express Resource Management Plan (RMP), where waste could sit at the proposed Inter-modal Transfer
Facility for a period of time, thereby constituting unauthorized nuclear storage- expressly forbidden under the RMP.

Both decisions mentioned the recent San Luis Obispo court decision regarding nuclear storage at a site in southern California. This decision required that the threat of terrorism must be weighed in the EIS, which it wasn't. This impacted the validity of the EIS, and thus the decision to store waste in Skull Valley. Both decisions cited misgivings about the loss of nuclear storage as an economic development opportunity for the Goshute Band, but noted that the land is eligible for other uses.

Both the BIA and BLM decisions used formulaic language in assessing four options that allowed for variations in the siting of a high-level nuclear storage facility, including transportation methods, and considered an alternate site in Wyoming. Ultimately the Interior Department chose option 4, the “no action” option, which rejects all other options.

THINGS TO WATCH OUT FOR:
However, this decision does not prohibit further action by PFS. It could decide to amend the EIS, and resubmit. There may also be appeal options.

Further, this decision does not preclude further action by pro-nuclear Goshutes Leon Bear, Mary Allen, and other supporters of the PFS plan as offering a venue for similar types of economic development.

With the current upheaval in tribal government, (see articles posted at http://www.shundahai.org/skull_valley_info.htm ) the Skull Valley Goshute Band could be an even more inviting target for unscrupulous developers, lobbyists, and lawyers looking to cash-in on potentially dangerous nuclear projects. It may, in fact, open up the possibility of Skull Valley being selected as one of the proposed pilot nuclear fuel reprocessing facilities, and of getting federal funding to do so.

We'll have to continue to watch this possibility closely. Reprocessing of nuclear fuel is potentially much worse than storage.

Another potential threat to watch closely is that a federal bill now moving through congress, which specifically excludes Utah as a regional interim storage facility has not passed both houses of the US legislature. There could be changes to proposed legislation in committee, and this Interior department decision could influence those changes.

THIS IS A VICTORY FOR ALL OF US!
We thank those of you who submitted comments to the BLM urging them to reject the request submitted by PFS for the required 30+ mile right-of-way, which would have shipped 40,000 tons of used nuclear fuel south from the Union Pacific trans-continental rail-line to the Goshute Reservation.

We also sincerely appreciate all the support Shundahai Network has received throughout this process. It has been a long and difficult road, and Thursday’s decision is a victory for all of us!

We will continue to keep you posted with further developments, and ask that you continue to keep the Skull Valley Band of Goshute in your thoughts and prayers.

Sincerely,

The Board and Staff of Shundahai Network
Shundahai Network