[CPEO-MEF] West Valley nuclear site (NY)

[Lenny Siegel <lsiegel@cpeo.org>]

PRESS RELEASE
Office of the Governor, New York


FOR IMMEDIATE RELEASE:
December 11, 2006

PATAKI AND SPITZER ANNOUNCE LEGAL ACTION TO ENSURE REMEDIATION OF 
RADIOACTIVE CONTAMINATION AT WEST VALLEY SITE

State Action Cites U.S. Department of Energy's Responsibility for the 
Cleanup, Seeks to Advance Progress and Avoid Further Delays in the Project

Governor George E. Pataki and Attorney General Eliot Spitzer today 
announced that New York State has filed a lawsuit to ensure that the 
federal government remediates radioactive waste at a former nuclear fuel 
reprocessing facility in West Valley, Cattaraugus County, in a timely 
manner. The suit also seeks damages for harm the federal government has 
caused to the State's natural resources.

The lawsuit seeks to clarify the responsibility of the U. S. Department 
of Energy (DOE) for certain aspects of the cleanup so that the federal 
government is held responsible for completing the project. The Attorney 
General's Office and the New York State Energy Research and Development 
Authority (NYSERDA) filed the lawsuit to resolve issues that have 
delayed the project.

"The cleanup of nuclear waste from the West Valley site must move 
forward as expeditiously as possible, and we will not tolerate senseless 
delays and uncertainty related to this important project," Governor 
Pataki said. "Federal law requires the U.S. Department of Energy to 
decontaminate the site and pay for offsite disposal of the nuclear 
waste, and we must ensure that they fulfill these obligations. Since 
numerous discussions have failed to resolve this issue, we are taking 
the necessary legal steps to force the Department of Energy to complete 
the cleanup."

Attorney General Spitzer said, "It is imperative that the federal 
government provide sufficient funds to ensure the full remediation of 
this radioactive waste facility. Concern for human health and 
environmental impacts drive our work to hold the federal government 
accountable for this site."

Vincent DeIorio, chair of NYSERDA, said, "The U.S. Department of 
Energy's limited view of its obligations at West Valley is now 
interfering with work that needs to be done. We view this action as a 
necessary next step in making sure the cleanup at West Valley continues 
to make progress."

The West Valley site - approximately 30 miles south of Buffalo - was 
once home to the nation's first and only privately-operated, commercial 
nuclear fuel reprocessing facility. The facility was located at the 
Western New York Nuclear Service Center, a 3,300-acre parcel currently 
owned by NYSERDA on behalf of New York State. The reprocessing operation 
separated reusable uranium and plutonium from spent fuel, a majority of 
which came from the federal nuclear reactor in the State of Washington 
and other defense-related reactors.

A private company called Nuclear Fuel Services leased the property and 
operated the spent nuclear fuel reprocessing facility at the site from 
1966 to 1972. Approximately 640 metric tons of spent fuel, most of which 
came from federal nuclear weapons facilities, was processed at the 
plant, which also accepted radioactive waste from nuclear power plants 
for disposal. The plant generated approximately 600,000 gallons of 
highly radioactive liquid waste stored in underground steel tanks. 
Radioactive waste from commercial waste generators and reprocessing 
wastes also were disposed of on approximately 22 acres at the site.

The private operator ceased operations in 1972, but left behind a 
contaminated facility, including underground tanks containing high-level 
radioactive waste. Under the West Valley Demonstration Project Act, 
passed by Congress in 1980, the DOE is responsible for the cleanup and 
disposal of nuclear contamination on approximately 200 acres of the West 
Valley site. This portion of the property housed the major facilities of 
the center, including the reprocessing plant, spent fuel storage 
facilities, liquid low-level radioactive waste storage tanks, a 
wastewater treatment plant with lagoons, and a five-acre landfill.

The demonstration project calls for the solidification of high-level 
radioactive waste and the transport of this solidified waste to a 
federal repository for permanent disposal. In addition, DOE must 
decontaminate and decommission the facilities used in this process. 
Substantial progress has been made toward the remediation, and potential 
risks to public health or the environment have been reduced. Most of the 
liquid high-level radioactive waste in the underground tanks has been 
solidified into glass logs and is being stored on site. However, 
radioactive contamination remains in the facilities, soil, and 
groundwater. Several of the radioactive substances that are stored or 
disposed at the center will remain a threat to public health and the 
environment for tens of thousands of years. Recent workforce reductions 
and funding cuts by DOE at West Valley raise concerns about federal 
commitment to complete the project.

Under federal law, New York State is responsible for 10 percent of the 
costs of the cleanup, with the federal government paying 90 percent. New 
York is the only state that contributes to the cleanup of a high-level 
radioactive waste site. To date, the state has contributed more than 
$250 million to the project.

The states legal action seeks to hold DOE financially accountable for 
addressing this contamination and managing the radioactive waste 
disposal area on the site. The lawsuit was filed today in federal court 
in Buffalo.

##

For the original release, see
http://www.ny.gov/governor/press/06/1211062.html

--


Lenny Siegel
Director, Center for Public Environmental Oversight
c/o PSC, 278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918
<lsiegel@cpeo.org>
http://www.cpeo.org


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