DOCKETED USNRC June 30, 2005 July 6,2005 (9:05am) OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF The Honorable Den~isJ. Kucinich SERVED July 6,2005 United States House of Representatives Washington, D.C. 2051 5 Docket No. 72-22-lSFSl Dear Congressman Kucinich: I am responding to your letter of June 16, 2005, sent to Chairman Nils J. Diaz, in which you register your strong opposition to granting the pending Private Fuel Storage, LLC (PFS) license application. Under U.S. Nuclear Regulatory Commission regulations, the Commission has an adjudicatory role in the PFS proceeding. An Atomic Safety and Licensing Board recently has issued decisions that may clear the way for licensing the PFS facility, but the Commission itself must decide whether and when to issue a license. Due to the nature of the Commission's role, I irust you will understand that all members of the Commission must remain impartial during the pendency of this case. It would be inappropriate at this time for any of them to discuss or comment on issues involved in this matter. A copy of your letter and this response will be served on the participants in the Private Fuel Storage, LLC proceeding. Sincerely, Annette L. vied-cook Secretary of the Commission cc: PFS Service List Identical letter sent to: The Honorable Dennis J. Kucinich The Honorable Diane E. Watson United States House of Representatives United States House of Representatives Washington, D.C. 2051 5 Washington, D.C. 2051 5 The Honorable Donald M. Payne The Honorable Michael H. Michaud United States House of Representatives United States House of Representatives Washington, D.C, 2051 5 Washington, D.C, 2051 5 The Honorable Gwen S. Moore The Honorable Eddie Bernice Johnson United States House of Representatives United States House of Representatives Washington, D.C. 2051 5 Washington, D,C. 2051 5 The Honorable Stephanie Tubbs Jones The Honorable Edolphus Towns United States House of Representatives United States House of Representatives Washington, D.C. 2051 5 Washington, D.C. 2051 5 The Honorable Janice D. Schakowsky The Honorable Barbara Lee United States House of Representatives United States House of Represen.tatives Washington, D.C. 2051 5 Washington, D.C. 2051 5 The Honorable Charles B. Rangel The Honorable Maxine Waters United States House of Representatives United States House of Representatives Washington, D.C. 2051 5 Washington, D.C. 2051 5 The Honorable Jesse L. Jackson, Jr. The Honorable Timothy J. Ryan United States House of Representatives United States House of Representatives Washington, D.C. 2051 5 Washington, D.C. 2051 5 The Honorable Nick Rahall The Honorable Corrine Brown United States House of Representatives United States House of Represenlatives Washington, D.C. 2051 5 Washington, D.C. 2051 5 The Honorable Cynthia McKinney The Honorable Gregory W. Meeks United States House of Representatives United States House of Representatives Washington, D.C. 2051 5 Washington, D.C. 2051 5 The Honorable Betty McCollum The Honorable Raul M. Grijalva United States House of Representatives United States House of Representatives Washington, D.C. 2051 5 Washington, D,C. 2051 5 The Honorable John Lewis The Honorable Michael M. Honda United States House of Representatives United States House of Representatives Washington, D.C. 2051 5 V\!ashington, D.C. 2051 5 The Honorable Lane Evans The Honorable Hilda L. Solis United States House of Representatives United States House of Representatives Washington, D.C. 2051 5 Washington, D.C. 2051 5 The Honorable Linda Sanchez The Honorable Pete Stark United States House of Representatives United States House of Representatives Washington, D.C. 2051 5 Washington, D.C. 20515 The Honorable Grace F. Napolitano The Honorable Jose E. Serrano United States House of Representatives United States House of Representatives Washington, D.C. 2051 5 Washington, D.C. 2051 5 The Honorable Joe Baca The Honorable John Conyers, Jr. United States House of Representatives United States House of Representatives Washington, D.C. 2051 5 Washington, D.C. 20515 The Honorable Silvestre Reyes The Honorable Sam Farr United States House of Representatives United States House of Representatives Washington, D.C. 2051 5 Washington, D.C. 20515 The Honorable Solomon P. Ortiz The Honorable Major R. Owens United States House of Representatives United States House of Representatives Washington, D.C. 2051 5 Washington, D.C. 2051 5 The Honorable Luis V. Gutierrez The Honorable Sheila Jackson Lee United States House of Representatives United States House of Representatives Washington, D.C. 2051 5 Washington, D.C. 20515 The Honorable Danny K. Davis The Honorable Mike Thompson Unitsd States House of Representatives United States House of Representatives Washington, D.C. 2051 5 Washington, D.C, 2051 5 - The Honorable Neil Abercrombie I he Honorable Maurice D. Hinchey United States House of Representatives United States House of Representatives Washington, D.C. 2051 5 Washington, D.C. 2051 5 The Honorable Emanuel Cleaver The Honorable Bobby L. Rush United States House of Representatives United States House of Representatives Washington, D.C. 20515 Washington, D.C. 20515 The Honorable John B. Larson The Honorable Alcee L. Hastings United States House of Representatives United States House of Representatives Washington, D.C. 2051 5 Washington, D.C. 2051 5 The Honorable Tammy Baldwin The Honorable Louise M. Slaughter United States House of Representatives United States House of Representatives Washington, D.C. 2051 5 Washington, D.C. 20515 The Honorable James P. McGovern The Honorable Jerrold Nadler United States House of Representatives United States House of Representatives Washington, D.C. 20515 Washington, D.C. 20515 The Honorable Elijah E. Cummings The Honorable Diana DeGette United States House of Representatives United States House of Representatives Washington, D.C. 2051 5 Washington, D.C. 2051 5 The Honorable Carolyn C. Kilpatrick The Honorable Rush Holt United States House of Representatives United States House of Representatives Washington, D.C. 20515 Washington, D.C, 2051 5 The Honorable John W. Olver United States House of Representatives Washington, D.C. 2051 5 The Honorable Patrick Kennedy United States House of Representatives Washington, D.C. 2051 5 The Honorable Sherrod Brown United States House of Representatives Washington, D.C. 2051 5 The Honorable Shelley Berkley United States House of Representatives Washington, D.C, 2051 5 The Honorable Jerry F. Costello United States House of Representatives Washington, D.C. 2051 5 The Honorable Nydia M. Velazquez United States House of Representatives Washington, D.C. 2051 5 The Honorable Julia M. Carson United States House of Representatives Washington, D.C. 2051 5 The Honorable Lynn C. Woolsey United States House of Representatives Washington, D.C. 2051 5 The Honorable Bennie G. Thompson United States House of Representatives Washington, D.C. 2051 5 The Honorable Ed Pastor United States House of Representatives Washington, D.C. 2051 5 June 16,2005 Chairman Nils 3. Diaz Nuclear Regulatory Commission Washingon, D.C. 20555 We urge the Nuclear Regulatory Commission to deny a license for Private Fuel Storage (PFS) to host a nuclear waste dump on land sacred to the Skull Valley band of Goshutes. This proposal is unjust, exkmely dangerous, and unnecessary. The IlistoIy of exploitation and racism carried out towards Native Americans by the US. government is well documenled md we must not relive it. It is unjust for the United States to target a desrimte and vulnerable Xative American tribe. The Shll Valley band of Goshures possess an inextricable spiritual attachment to the land they inhabit and many tribal members say it is all they have lefi. The Department of Energy starred looking into dumping radioactive waste on Native American grounds in 1987, bur finally gave up in 1994 when it dissolved the Office of the Nuclea Wasle Negoriaror, after several Native American tribes resisted its efforts ro build a dump on their land. The nuclear power industry has iaken up where the Department left off, and has targeted the Skull Valley band of Goshutes, one of the most economically and politically ~Lierabletribes in America. Mmy tribal members dispute lhe lease agreement behveen the tribe and PFS. The leadership of rhe tribe, which consists of three members, signed a lease agreement with PFS without the knowledge or approval of the Skull Valley Goshute General Council. The General Council consists of the 60 adult members who govern the tiibe. The ofier members of tbe tribe claim that the leadershp no Ionger represents themL.It is now apparent the tribe opposes the dump. The nuclear powcr industry is only dealing with the disputed leaders of the mbe, who are acting against rhe wishes of rest of its members. Construclin: a nuclear waste facility on sacred tribal land wihout consent is a violation of Native American rihts. PFS is clearly raking advanlase of a aibe in desperate need of fmds. This proposal is a safety risk to all Arnericms along the transportation routes to lhc proposed facility. Tramporring casks cross-country creates the possibility of 2 potentially catastrophic radioactivity release due to an accident or terrorist attack. Nuclcar wasce could be aprimary terrorist target when it is moving through highly populated metropolitan areas. hcreasing the amount of handling and ~ransponadonofnuclear waste increases the likelihood of accidents. Transporeation rourcs proposed by rail, road, and barge could pass through as many as 44 states ' h?C:CLI-04-09 - Privare Fuel Sroragz LLC - Docker No. 72-22-ISFSX PRINTEC CN RECYCLE2 PrPZR Page 2 and the District of Columbia, putting the waste within half a mile of 50 million The transportation of such great amounts of nwlear waste has yet 10 happen in U.S. history. There have only been 3,025 high-level wasle shipments so far, bur rbousands more would be necessary if PFS is ganted a license3.