NRC asked to consider terrorism risk
The state's congressional delegation, along with several legislators and seven attorneys general from other states, are backing Massachusetts Attorney General Martha Coakley's attempt to include the risk of terrorism among the factors considered in extending a nuclear power plant's license.
The possibility of a terrorist attack on the spent nuclear fuel stored inside a plant, or any catastrophic accident involving that storage area, warrant concern and examination, Coakley argues in her attempt to get the federal Nuclear Regulatory Commission to change its rules to take those risks in to account.
At immediate issue is the storage of spent fuel at the Pilgrim nuclear plant, which is seeking to extend operations by two decades. Under Nuclear Regulatory Commission rules, spent fuel issues are not included in the licensing process, but are part of the agency's ongoing regulation of the nation's nuclear reactors.
Letters signed by all 12 members of the Massachusetts congressional delegation, state lawmakers, and seven other attorneys general echo Coakley's view , as expressed in her petition to the NRC.
"The NRC should amend its rules to ensure that the risks of severe accidents involving spent fuel storage pools caused by terrorist attacks and other events are adequately addressed," Coakley stated.
NRC spokesman Neil Sheehan said agency staff will review the letters along with the comments and supporting material offered on the petition -- a review that can take up to a year. The five-member presidentially appointed commission that oversees the NRC "can ask the staff to accelerate its review if it deems that to be necessary," Sheehan said.
Officials from towns near Pilgrim have also attacked the NRC's unwillingness to examine potential threats to the nuclear waste stored in Pilgrim. Terrorism was not a concern when the plant opened 35 years ago, they say, but it is today.
Duxbury Selectman Andre Martecchini said last month it was imperative that rules be changed so that the safety of spent fuel storage be fully reviewed in relicensing.
Critics of the current system say that while the pool of water in which the spent fuel rods are stored lies within the plant's outer shell, it is not as well protected as the core reactor. Some analysts have identified nuclear plants as inviting targets for a 9/11-scale terrorist attack.
In response, the NRC has pointed to its efforts to increase security measures at nuclear plants. Pilgrim's owner,
NRC staff and lawyers for Entergy have also opposed the attorney general's effort to change the rule on grounds that courts have already backed the idea that spent fuel issues are not part of the relicensing process.
But nuclear critics point to a federal court in California that earlier this year ruled that spent fuel storage must be reviewed in license proceedings for a new nuclear plant built in that state, giving the issue new momentum.
Along with asking the NRC for the change, Coakley is proceeding on a parallel track in federal court. Last month she asked a judge to review the NRC's rejection of the state's earlier motions to force regulators to consider spent fuel in the Pilgrim relicensing process. She made the same review request for the Vermont Yankee reactor in southern Vermont, given its proximity to Massachusetts.
Local nuclear critics cheered the appeal, saying that placing the Pilgrim case in the hands of a court will bring a quicker decision on the spent fuel issue. "It's great to get into court sooner," said Mary Lampert of Pilgrim Watch , the regional citizens group that has also sought a review of the spent fuel issue.
The attorney general office's spokeswoman, Amie Breton, said her office does not know when the court would take up the appeal.
Robert Knox can be contacted at rc.knox@gmail.com. 
