US nuclear repository completes key mining project via AP

By SUSAN MONTOYA BRYAN

ALBUQUERQUE, N.M. (AP) — After seven years of mining, federal officials say work to carve out the eighth disposal area at the U.S. government’s underground nuclear waste repository is complete.

[…]

The repository has been in operation for more than two decades, having received nearly 13,000 shipments. The idea is that the shifting salt will eventually encapsulate the waste after the underground vaults are filled and sealed.

Reinhard Knerr, a manager with the Department of Energy’s Carlsbad Field Office, said the completion of Panel 8 was a long time coming but that it will be ready just in time. Panel 7 is expected to be full by April.

The rooms that make up Panel 8 are 300 feet (91 meters) long, 33 feet (10 meters) wide, and 15 feet (4.5 meters) high. Officials say laser measuring devices were used to guide the mining machines that cut the salt and large trucks were used to take the material to a hoist for transport to the surface.

Officials say more than 157,000 tons (142,428 metric tonnes) of salt were mined during the project.

Read more at US nuclear repository completes key mining project

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Four takeaways from the 2021 World Nuclear Industry Status Report via Bulletin of the Atomic Scientists

By Dawn Stover | October 1, 2021

Although there are 23 fewer nuclear reactors in the world today than at the 2002 peak of 438, the past year saw a small uptick in the number of reactors operating worldwide and a corresponding increase in the global fleet’s net operating capacity.

That’s one data point in the World Nuclear Industry Status Report 2021, the latest in a series of annual industry reports compiled by an international team of independent experts led by Mycle Schneider, a consultant based in Paris. The 409-page report, released this week, is packed with information about global and country-specific trends, but several findings stand out, and they don’t bode well for the nuclear energy industry.

First, although nuclear capacity is up, nuclear electricity production is down.

[…]

Second, the report throws cold water on the prospects for small modular reactors. These reactors get a lot of media coverage and some public funding “but are so far unavailable commercially and will not be for another 10–15 years—if ever. Pilot projects in Argentina, China, and Russia have been disappointing,” according to the authors.

Third, the report warned that nuclear power is less resilient than renewables to challenges such as the COVID-19 pandemic and climate change. While there is no indication that the COVID-19 pandemic compromised safety at nuclear power plants, the pandemic not only reduced nuclear electricity consumption but also affected some schedules for reactor commissioning and fuel loading.

And finally, the 2021 report for the first time devoted an entire chapter to how criminality is affecting the industry. “There is a real question about the exposure of the nuclear power sector to criminal activities including bribery and corruption, counterfeiting and other falsification, as well as infiltration by organized crime,” the report says.

[…]

Read more.

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New Nuclear: What’s at Stake for Wildlife? via Greater Manchester Campaign for Nuclear Disarmament

This webinar featured: • Juliet Davenport OBE (founder of Good Energy) • Jonathon Porritt (founder of Forum for the Future) • Diana Quick (actress and Sizewell C campaigner) • Craig Bennett (CEO, The Wildlife Trusts)

WHAT’S IT ABOUT? New nuclear plants in the UK will cause irreparable loss to biodiversity and wild places and harm and destroy the species who depend on these habitats for their survival. The Hinkley C reactors, already under construction on the Somerset coast, are projected to kill billions of fish.

A similar fate awaits ocean life should Sizewell C, a two-reactor project on the Suffolk Coast, move forward. Situated in the most richly biodiverse region of the British Isles, Sizewell C would tear up land adjacent to one of the most precious nature preserves — RSPB Minsmere — home to once rare bird species including the avocet and the bittern.

The proposed new Chinese reactor, at Bradwell in Essex, threatens to damage a fragile estuarine environment that is similarly rich in multiple species, especially bird life.

As we fight to salvage our world from the ravages of the climate crisis, why would we choose to inflict further harm on species already struggling to survive?

Our forum explored what can and must be done to prevent the harm that new nuclear plants would cause. How can we halt the further unnecessary destruction of our last remaining wild spaces? And if we replace nuclear power with renewable energy, have we also adequately addressed the negative impacts of these industries on wildlife?

The event format was an interview-style moderated round table discussion followed by audience questions.

—- This event was organised by Greater Manchester & District CND, Nuclear Free Local Authorities, Beyond Nuclear, and Chernobyl Children’s Project UK.

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住民投票条例の実施へ松江で市民団体が始動 島根原発 via 朝日新聞

原子力規制委員会の審査に合格した島根原発2号機について、再稼働の是非を問う住民投票の実施に向け、松江市の市民団体が活動を始めた。原発から30キロ圏内の鳥取県米子市境港市でも同様の活動が進んでおり、原発が立地する松江市での動きが注目される。

 市民団体は「どうする島根原発?みんなで決める松江の会」。11日に設立準備総会があり、共同代表の岡崎由美子弁護士は「再稼働には立地自治体である松江市の同意が必要だが、主権者である市民の意見は聞かれたことがない。地域住民の生活に関わる重要な問題は直接民主主義で示すべきだ」と述べた。

 住民投票の実現には、有権者(9月1日時点で16万6793人)の50分の1以上の署名を集めて市長に条例制定を直接請求し、市議会の議決を得る必要がある。

(略)

総会では住民投票条例の素案も示され、投票用紙には「賛成」「反対」だけでなく、「保留」も選択肢に加える。投票前には住民代表や市議、有識者らからなる協議会を設け、時間をかけて議論をし、市民に意見を提供するとしている。

 11月に設立総会を開いた後、12月~来年1月に署名を集め、2月の松江市議会に提出したいという。問い合わせは事務局(090・1277・6026)。(清水優志)

全文は住民投票条例の実施へ松江で市民団体が始動 島根原発

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Cold-war spy pictures reveal a Soviet nuclear ‘cloud generator’ via Nature

The operation of a notorious Soviet plutonium-making facility decades ago caused ecological devastation in the Southern Urals1.

See the image in Nature: https://www.nature.com/articles/d41586-021-02756-4

Read the article at A Nuclear Generator of Clouds: Accidents and Radioactive Contamination Identified on Declassified Satellite Photographs in the Mayak Chemical Combine, Southern Urals

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「黒い雨」被爆者手帳を集団申請 広島市に100人以上 via auone.jp

[…] 7月に原告84人全員を被爆者と認めた広島高裁判決を受け、菅義偉前首相が、原告と「同じような事情」の人の救済も早急に検討するとの談話を出している。手帳を交付するための新たな指針が策定されることを見越しての申請となった。

 集団申請したのは、裁判の原告と同様、国の援護対象外の地域で「黒い雨」を浴びるなどした人たち。菅氏の談話を受け、弁護団が開いた相談会などに参加し、申請書類の作成を進めていた。このうち広島市以外に住む人々も11日以降、各自治体に個別に申請するという。

菅氏の談話後、広島県と広島市、厚生労働省の担当者はこれまでに4回、オンラインで協議した。ただ、具体的な新指針案は示されないままで、策定時期も固まっていない。広島市の松井一実市長は10月8日、首相官邸で岸田文雄首相と面会し、遅くとも来年4月から新指針により被爆者健康手帳を交付できるよう求めた。(岡田将平、福冨旅史)

全文

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Nuclear waste and environmental justice via C-10 Research and Education Foundation

As an organization concerned with the health and safety of people and the natural environment, C-10 understands that the wellbeing of our own community and the energy generated to support our regional economy is inextricably linked to the people and places affected by the entire life cycle of nuclear power. This cycle includes mining and processing, transport, and ultimately the storage of waste that will be deadly toxic for a million years, or more.

C-10 is deeply troubled that waste from energy generated to power the New England economy could end up poisoning under-represented indigenous and minority populations far away. With decades of waste pilling up, communities in other regions of the country are being asked to shoulder an unfair burden.

An unending and toxic legacy

The legacy of nuclear waste is terrifying to contemplate. All generation of nuclear power results in toxic waste products, some of which have short half-lives and quickly decay into materials such as lead. Other compounds will be hazardous to living creatures for millions of years. Uranium 239 has a half life of 240,000 years; Uranium 238’s half life is 4.5 billion years. Neptunium – 237’s halflife is 2 million years, and Iodine-129’s is 17 million years.

These elements can be present in both high-level and low-level radioactive waste, and are created both by nuclear weapons production and by nuclear energy reactors. The US Government Accounting Office states that our nation has generated 80,000 metric tons of high-level radioactive waste from nuclear energy reactors, and 90 millions gallons of high level radioactive waste from nuclear weapons. That’s a lot of waste—and the figure does not include low-level waste.

Nuclear waste will continue to emit radioactivity harmful to humans and the environment for longer than we can contemplate. While we can hope that facilities for storing nuclear waste will prevent most of us from direct exposure to these poisons, it is difficult to imagine human-built structures that will never crack or leak radioactivity into the water or the environment; some of the waste storage casks are designed to last for 100 years; the numbers just don’t add up.

According to the NRC’s Backgrounder on Radioactive Waste, “High-level wastes are hazardous because they produce fatal radiation doses during short periods of direct exposure. For example, 10 years after removal from a reactor, the surface dose rate for a typical spent fuel assembly exceeds 10,000 rem/hour—far greater than the fatal whole-body dose for humans of about 500 rem received all at once. If isotopes from these high-level wastes get into groundwater or rivers, they may enter food chains. The dose produced through this indirect exposure would be much smaller than a direct-exposure dose, but a much larger population could be exposed.”

[…]

Feds push forward with “interim” storage

The federal government’s recent decision to build a repository for high-level waste on Western Shoshone land is in violation of treaty protections and was made without consent from the people, or the state.

This plan also runs counter to a 1994 executive order by President Bill Clinton. President Clinton issued the order requiring federal agencies to consider environmental justice issues when issuing permits for new polluting facilities. Although, as an independent agency, the US Nuclear Regulatory Commission was exempt from the order, then-Chairman Ivan Selin committed the NRC to implementing it.

The state of New Mexico has sued the NRC over its waste disposal plan. In his complaint, New Mexico’s Attorney General Hector Balderas outlined the risks his state’s citizens would face if the facilities are built. “I am taking legal action because I want to mitigate dangers to our environment and to other energy sectors,” he said in a statement. “It is fundamentally unfair for our residents to bear the risks of open ended uncertainty.” Read more in this C-10 blog from May 2020.

[…]

The NRC has been reviewing these proposals, and has already greenlighted the west Texas proposal. Both of these proposals would involve moving the nation’s high-level waste by shipping it by rail and on trucks to sites in western Texas and New Mexico, to Shoshone lands.  

The dangers created by shipping high-level radioactive materials across the nation on our roadways and railroads is clear. These “solutions” place our nation’s waste on lands of poorer and more vulnerable citizens. Indigenous communities in the Southwest have suffered repeated exposures to radioactivity from uranium mining and as downwinders of the nation’s nuclear testing grounds.

To put high level waste generated at Seabrook Station to meet New England’s energy needs onto Native land in the Southwest would put these communities at further risk of exposure and long-term health effects. Our nation has a well-established pattern of making our more vulnerable and less powerful citizens face unacceptable environmental pollution and suffer its effects.

[…]

The need for consent-based siting

C-10 believes that nuclear waste should stay in the states in which it is created and should be stored in suitable locations with consent of the communities likely to be affected. Proposed host communities must clearly understand the risks associated with exposure to radioactivity, the storage facilities, and their rights.

[…]

Consent-Based Siting requires those of us who use nuclear energy to take responsibility for its by-products. This also forces all of us to face the dangers we allow as the price of our energy consumption. It is the right thing to do.

Read more.

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●原子力推進派 今週の暴言・失言集【第1回】事故を起こした東京電力福島第一原発を含めて、事故によって死亡者が出ている状況ではない(高市早苗・自民党政調会長/2013.6.17 自民党兵庫県連会合で)via 安全問題研究会

では、まず記念すべき連載の第1回は、自民党総裁選を記念して、今をときめく「ネトウヨの希望の星」高市早苗さんの素敵な発言から始めましょう。

もちろん、事故による死者は出ています。福島原発事故刑事訴訟では、避難指示区域内にあった双葉病院の入院患者たちが、避難途中に亡くなったことが業務上過失致死傷罪に当たるとして、勝俣恒久・東京電力会長らが強制起訴されています。1審・東京地裁は「津波は予見できない」として無罪判決が出ましたが、検察側が控訴しています。

双葉病院の入院患者たちは、確かに高市さんがおっしゃるとおり、直接的に事故の影響を受けて亡くなったわけではないのかもしれません。しかし、事故がなければ亡くならずに済んだはずの人々が、事故が起きた結果亡くなった。これは事故による死者ではないでしょうか。もし、これを事故による死者に含めないとしたら、どんな原発事故でどんな亡くなり方をすれば死者として認めてもらえるのでしょうか。「高市理論」では、世界中どこのどの原発でどんな過酷事故が起きたとしても、原子炉の中で直接火に焼かれることでもない限り、死者としては認めてもらえなさそうな雰囲気です。

まだ世界中の人々に福島第1原発事故の記憶が強く残っていた事故わずか2年後の時期に、こんなことを平然と言い放つような人物に私たちは日本の原子力政策を委ねるわけにいきません。原子力推進の立場であっても、事故が起き、犠牲者が出たという事実そのものは認めた上で、福島の反省を表明し「二度と事故を起こしません。エネルギー小国・日本が脱炭素や停電の危機を乗り切るために、仕方なく再稼働をせざるを得ないので、伏してお認めください」というならまだしも(当ブログは脱原発が実現するなら停電くらいしてもいいと思っているので、こう言われても困りますが)、事故で犠牲者が出た事実すら否認するという人と原子力政策でまともな話し合いが成立するとは思えません。

自民党総裁選の行方はまだ予断を許しませんが、少なくとも当ブログとしては高市さんだけは断固、阻止すべきだと思います。

原文

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Three decades on, German mushrooms still show imprint of Chernobyl via Reuters

By Zuzanna Szymanska and Thomas Escritt

BERLIN, Oct 8 (Reuters) – Around 95% of wild mushroom samples collected in Germany in the last six years still showed radioactive contamination from the 1986 Chernobyl nuclear disaster, albeit not above legal limits, the German food safety regulator said on Friday.

Elevated concentrations of caesium-137 and caesium-134 isotopes bearing the characteristic signature of the Chernobyl blast were found especially in southern Germany, the federal office for consumer protection and food safety (BVL) said.

However, none of the 74 samples tested exceeded the legal limit of 600 becquerels of radiation per kg.

The Chernobyl reactor, located in what is now Ukraine, spewed tonnes of nuclear waste into the atmosphere, spreading radioactivity across swathes of the continent and causing a spike in cancers in the more immediate region.

The BVL said the radioactive material lingered in forests because their ecosystems recycled nutrients so efficiently, meaning that wild mushrooms will show contamination for much longer than other agricultural products.

Concern at the long-term impact of nuclear disasters has fuelled public opposition to nuclear power, and in Germany triggered a decision, shortly after the accident at Japan’s Fukushima plant in 2011, to abandon it altogether.

Source

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Cold War, Hot Mess via Virginia Quarterly Review

Lois Parshley

After decades of mismanaging its nuclear waste, the US Department of Energy wrestles with its toxic legacy.

[…]

Garza’s experience is common among Hanford workers; in July 2021, a new state report found that a shocking 57 percent of Hanford workers have reported exposure to hazardous materials. But as dangerous as they are, the toxic vapors Garza’s crew encountered aren’t necessarily the tanks’ worst hazard. It wouldn’t take much for a tank to fuel a massive explosion, one that Tom Carpenter, executive director of the watchdog group Hanford Challenge, says could spread radiation over a staggering area: Washington, Idaho, Oregon, “probably Utah and maybe Canada, depending on the wind direction and speed.” And some of the tanks at Hanford reached the end of their design life during the Vietnam War. As the site’s infrastructure ages, it’s hard to overstate the danger. Carpenter warns that the consequences of a tank fire would be on the order of Fukushima. (Dan Serres, conservation director of Columbia Riverkeeper, points toward Chernobyl.) 

The Department of Energy (DOE) has adopted a closed-door approach to managing nuclear sites, which exacerbates anxieties over these risks. (The DOE declined multiple requests for interviews during the reporting of this article.) “It’s fine to have autonomy for a program that needs a certain amount of secrecy,” says Mark Henry, the section manager for radiological emergency preparedness at the Washington State Department of Health. “But radioactive material getting into the general public does not need autonomy.” As the local newspaper, the Tri-City Herald, reports, this has happened multiple times in the last five years, such as when a building demolition released plutonium dust that blew for miles, or when plutonium and americium particles contaminated workers’ cars, including a rental later returned to the company.

This string of mishaps is compounded by extraordinary pressure on the DOE’s budget, which requires congressional approval every year, and has not grown in proportion to costs. In a 2019 report, the DOE extended its timeline for cleaning up Hanford’s waste until 2100; meanwhile, its aging infrastructure has only heightened safety concerns and escalated expenses. In 2018, the DOE’s own estimates of their financial liability grew by $110 billion—almost a fifth—primarily due to an increase in the cleanup budget at Hanford. 

「。。。」

Until 1971, Hanford’s radioactive reactor effluent was discharged straight into the Columbia River, which has long been a vital waterway to the nearby towns of Richland, Pasco, and Kennewick, referred to today as the Tri-Cities. People fished in it, and unsuspecting bathers swam in it, attracted to the warmer water near the reactors, where the temperature rose by as much as five degrees. The towns still rely on the river for drinking water. Altogether, 110 million curies went into the Columbia; the site’s unofficial motto was “dilution is the solution to pollution.” From World War II to the 1970s, the Oregon Public Health Division called the Columbia the most radioactive river in the world. Yet for decades, the general public was unaware of the scope of Hanford’s contamination. Classified documents later released by the DOE show that biologists considered that it “may be necessary to close public fishing” at certain parts of the river, but public-relations and security concerns prevented them from speaking out. Local tribes, whose diets were rich in fish from the Columbia River, were particularly exposed. Ultimately, as many as two million people were exposed to Hanford’s toxic waste. 

Hanford stopped producing plutonium in 1989, but the region continues to be affected by its pollution. Plumes of strontium-90 and heavy metals leaked into the groundwater, and trace amounts of tritium have been found in local milk and wine. The weight of this contamination sits heavily with Robert Franklin, an archivist at Washington State University. “If we’d stopped producing in 1945, we’d have a minuscule amount [of radioactive waste] compared to what’s out there in those tanks now,” Franklin says. Standing in a warehouse filled with relics gathered from Hanford’s past, he describes the common narrative of World War II as a story of progress and triumph. “Why build it? Why use it? Those are pretty simple questions: We were at war.” The harder question, he says, is why the mindset of wartime secrecy is still being applied to its cleanup. 

Hanford’s problems, large as they are, aren’t isolated. In order to decentralize its nuclear-weapons program, the US built thirteen other nuclear defense sites across the country. Some locations processed uranium, some stored nuclear arsenal, and others were focused on research and development of nuclear technology, including testing ranges for bombs. Across the country, there are now ninety million gallons of high-level nuclear waste from different defense sites, along with around twenty-one million gallons from civilian power plants, all waiting for a permanent solution. The specific hazards vary by site, but they share a common problem: From conception to cleanup, the American nuclear-weapons program has lacked effective oversight.

[…]

Owen Hoffman, president emeritus of Oak Ridge Center for Risk Analysis, has spent his career studying radiation epidemiology, and was one of many independent scientists who took issue with the conclusions of the Dose Reconstruction study. Hoffman calls it “simply inconclusive. It was not proof that there was no harm, it was simply an underpowered study.” Most epidemiological studies, he explains, need ten thousand or more subjects. And because so much time had elapsed, the study had to use mathematical models, rather than taking environmental measurements, to estimate radiation doses. “In Chernobyl,” Hoffman says, “environmental measurements and actual measurements of peoples’ necks are very conclusive that exposure to iodine-131 leads to thyroid cancer.” Other studies around Hiroshima, Nagasaki, Chernobyl, the Marshall Islands, and the Nevada nuclear test sites, for example, have all found increased rates of cancer.

But in the nuclear world, you learn quickly that most statistics are debated. Industry experts often claim that the nuclear accident at Chernobyl killed just twenty-eight people. The Chernobyl Forum, a collection of eight different UN specialized agencies, suggests that Chernobyl could be responsible for more than four thousand deaths. The National Commission for Radiation Protection in Ukraine, meanwhile, claims that as many as half a million people have perished from Chernobyl’s radiation exposure. Yelena Burlakova, former chairwoman of the council on Radiobiology of the Russian Academy of Sciences, disparages the lower fatality predictions tallied by the International Atomic Energy Agency, telling the scientific publication the Lancet, “The IAEA is just a lobby group for the nuclear industry, which is interested in showing there were no serious consequences.” Assessing non-fatal impacts is even trickier: Research published in the medical journal Pediatrics in 2010 found that in parts of Ukraine still contaminated with low levels of cesium-137, a type of neural tube birth defect is almost two and a half times Europe’s average. Scientists also found in 2018 that milk in parts of Ukraine still has radioactivity levels twelve times the country’s safe limit for children, and a UN report that same year found a dramatic increase in childhood thyroid cancer in exposed populations.

Generally, cancer rates worldwide are increasing, and it is often difficult to even measure radiation exposure, much less establish causation with low-level doses. Yet for those who believe their illnesses stem from radiation, this kind of official uncertainty can feel insulting. At Hanford, these debates have stymied lawsuits seeking damages for exposure. More than five thousand cases of so-called Downwinders—people who believe Hanford was responsible for their illnesses—were consolidated into a class-action lawsuit that was settled in 2015. Hoffman, who was called as an expert witness during the trial, remembers his frustration with the use of science in the lawsuit. Despite what he saw as the inconclusive nature of Hanford’s Dose Reconstruction study, its results had a definitive legal impact: For one plaintiff, the study calculated that the likelihood Hanford had caused her cancer was 35 percent. “But the uncertainty [of that figure] was greater than 50 percent,” Hoffman says. Few Downwinders received settlements; the Tri-City Herald reported that the sum paid to Downwinders paled in comparison to what the DOE spent on its own defense. 

Bruce Amundson, vice president of Washington Physicians for Social Responsibility, who helped conduct the Dose Reconstruction study, says it had another unintended result. “It closed the door on the possibility of any other epidemiological study,” he says. “It also curtailed interest in funding at a federal level on studies at other nuclear weapons labs where releases were less dramatic.” The scientists running the study were surprised by the vitriol their results prompted among the community. Having to deal with the criticism, Amundson says, “dampened enthusiasm of other radiation epidemiology elsewhere, even if there had been funding.”

[…]

I found no evidence one way or the other of Coldiron’s sugar cubes, but one of the more notable experiments included secretly dosing eight hundred pregnant women with radioactive iron. Other research involved irradiating the testes of inmates at the Oregon State Penitentiary, and feeding young boys with disabilities radioactive iron and calcium while they were enrolled in so-called nutritional studies. These secret experiments continued well into the 1980s. An investigation into these unethical practices resulted in an extensive report on decades of questionable research. The report didn’t draw much attention, as it was released on October 3, 1995—the same day as the verdict in the OJ Simpson trial. 

This long history of secrecy and mistrust makes an already difficult science harder for the public to understand, or for policymakers to address. Though there are many unresolved scientific questions, the Environmental Protection Agency has long operated under the general assumption that there is no risk-free level of radiation. But in 2018, under President Trump, radiation regulations were quietly weakened, allowing for additional exposures in workplaces and homes. Supporters of the change suggest, despite mainstream scientific consensus, a little radiation might actually be good for you. 

Hoffman scoffs at the notion. “There’s no level at which the risk of radiation is zero. It just means that epidemiology has a limit of detection. The risk may still be there.” 

Other bureaucratic barriers make it exceedingly difficult to file these kinds of compensation claims. Until 2018, the DOE required anyone filing a claim related to exposure to identify the specific substance responsible for their illness in order to qualify for compensation. Garza had clearly been exposed to something, but the tanks hold more than 1,800 identified chemicals, along with many that haven’t been identified. As to what those substances might be, “the people most able to speculate won’t,” says union representative Nick Bumpaous. 

“It’s a lonely world for a sick Hanford worker,” one home-aid caregiver, who agreed to speak on condition of anonymity, told me. She mentioned how, when she reported what she saw as discrepancies with another injured Hanford employee’s medical records to a DOE medical-benefits examiner, she was threatened with violating federal law for interfering. “I’m not sure whose side we’re on here,” she said. “It seems like we should be fighting for the patient.”

[…]

More than one hundred thousand workers have developed illnesses because of their employment at nuclear-weapons facilities, enough that entire cottage home-health-care industries have sprung up around nuclear sites. Yet despite efforts like the congressional compensation program of 2000, worker claims have been denied at a troubling rate. Seattle TV station KING 5 has found that Hanford workers’ claims have been denied at a rate 52 percent higher than other self-insured companies in Washington. 

[…]

In March 2018, Washington State passed Substitute House Bill 1723, with the intention of making it easier for Hanford workers to receive compensation for workplace injuries without having to prove that they were caused by their employment. The Department of Labor and Industries must now presume that if a Hanford employee has certain illnesses—from respiratory diseases to many types of cancer—it was the result of an exposure at the site. The Department of Labor must prove otherwise in order to deny the claim. 

But three years after the bill’s passage, Penser has continued to fight Hanford workers’ claims. People like Garza and Rouse—and the lawyers they’ve hired—report that despite the new law, Penser still regularly misses deadlines for deciding on claims, requires workers to submit documentation the law deems unnecessary, and frequently requests additional time to search for evidence. Even when a claim has been approved, Penser has stalled actual payments. After some of his conditions were approved for compensation, for instance, Rouse was informed that his deposit was being withheld pending outstanding litigation. For some of his other covered diagnoses, Penser has also denied him permanent-disability status, which means that for ongoing conditions, Rouse only receives payments a few weeks after a doctor’s appointment, then nothing until he sees the doctor again. 

The state has yet to step in and force Penser to comply with the law or impose penalties. In December 2018, the DOE filed a lawsuit against the state of Washington, claiming that the new law discriminates against the agency by requiring it to do things other employers don’t, in addition to alleging that Hanford is exempt from the state law due to its status as a federal facility performing federal functions. Governor and former presidential candidate Jay Inslee vowed to fight the case, saying, “The people who fought communism shouldn’t have to fight their federal government to get the health care that they deserve.” Washington won on appeal with the Ninth Circuit last summer, but people like Garza and Rouse still haven’t gotten paid. (In 2017, after local media criticism, the DOE said they would not extend their contract with Penser when it expired; in 2019, they quietly awarded the company a new multimillion dollar contract.)

[…]

Russell Jim, a Yakama elder who managed the Yakama Nation’s Environmental Restoration and Environmental Cleanup program at the time, was horrified. “Rather than reveal to Congress and the public the actual costs of restoring the environment, DOE seems to think that ‘what they don’t know won’t hurt them,’” Jim said in one of his many speeches on Hanford. Several tribes—including the Yakama Nation, Nez Perce, Confederated Tribes of the Umatilla Indian Reservation, and the Wanapum—have had access to sacred sites and burial grounds at Hanford restricted, while bearing the brunt of its pollution. A study conducted by the EPA in 2002 reported that tribal children from the Hanford area have an extremely elevated risk of immune diseases, and a tribal member’s risk of developing cancer from eating locally caught fish was estimated at one in fifty. Jim noted that these results—as well as a US Geological Survey study finding adverse health effects in salmon near Hanford due to hexavalent chromium, the chemical Erin Brockovich brought to fame—went unmentioned in the DOE’s environmental-impact statement. Jim insisted that an analysis of waste needed to be fully independent to ensure “transparent and credible information” before any reclassification. 

In 2002, the Yakama Nation, along with the Natural Resources Defense Council (NRDC), the Snake River Alliance, and the Shoshane-Bannock Tribes, sued the DOE over its reclassification initiative, with Washington, Idaho, Oregon, and South Carolina filing “friend of the court” briefs in support. A federal district court judge in Idaho ruled in their favor, finding that the DOE did not have the authority to make this change. The DOE appealed the decision to the Ninth Circuit. (The DOE would ultimately prevail a few months later.) The agency also lobbied members of Congress, who, after a fight on the floor of the Senate that ended in a one-vote margin, added a rider to the next defense-authorization bill, allowing the DOE to reclassify waste in the states of Idaho and South Carolina, but not in Washington or New York. Geoff Fettus, the senior attorney at NRDC’s Nuclear Climate & Clean Energy program, who argued the case, says, “Let’s say we fought to a draw.”

[…]

Western states—home to Los Alamos, Hanford, the Nevada testing sites—have often been considered sufficiently remote to minimize harm. “But it turns out the empty West is never as empty as people like it to be,” Richter says. She points to Eastern states’ successful rejection of a deep geologic repository. “You’re not looking for empty land, you’re looking for people who are dispossessed of power.” 

[…]

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