WISCASSET, Maine — The U.S. Court of Appeals on Friday affirmed an earlier court decision requiring the federal government to pay $81.69 million in damages to the Maine Yankee Atomic Power Co. for the U.S. Department of Energy’s failure to remove high-level radioactive waste from the decommissioned nuclear reactor site on Bailey Point in Wiscasset.
The unanimous decision from the court in Washington, D.C., also benefits two other decommissioned nuclear power plants in New England: Connecticut Yankee Atomic Power Co. in East Hampton, Conn., and Yankee Atomic Electric Co. in Rowe, Mass., which are joined with Maine Yankee under the corporate umbrella of The Yankee Companies. All told, the court ruling awards nearly $160 million to the three Yankee companies, with Connecticut Yankee slated to receive $39.66 million and Yankee Rowe $38.27 million in addition to Maine Yankee’s award.
“We are very pleased with the U.S. Court of Appeals decision, which is good news for the ratepayers of the three Yankee companies,” said Wayne Norton, chief nuclear officer of Maine Yankee and president of Connecticut Yankee. “We urge the federal government to fulfill its commitment to remove the spent fuel and greater-than-Class C waste from our sites without further delay and to stop pursuing a strategy of filing costly appeals that are not beneficial to ratepayers or taxpayers.”
The ruling is the latest in a series of court decisions — following the pattern of favorable judgments to the power companies followed by appeals by the federal government — stemming from litigation filed by Maine Yankee and its two sister companies in 1998. The initial lawsuit alleged that the federal government had breached contracts entered into with each company in 1983 under the Nuclear Waste Policy Act requiring the Department of Energy to remove by 1998 all high-level nuclear waste for long-term storage in a permanent repository.
Nuclear waste from around the country was supposed to be stored at Yucca Mountain in Nevada, but the repository has not opened because of opposition in Congress, most notably from Senate Majority Leader Harry Reid, a Nevada Democrat. President Barack Obama stopped further work at Yucca Mountain in 2010.
In October 2006 the U.S. Court of Federal Claims awarded the Yankee companies roughly $143 million in damages. The federal government appealed the ruling. In August 2008, the U.S. Court of Appeals vacated the 2006 decision and sent the case back to the federal claims court.
In September 2010 the U.S. Court of Federal Claims issued another favorable decision, again awarding the three Yankee companies $143 million. The federal government appealed that decision in November 2010.
Friday’s ruling, according to a statement released today by the Yankee companies, “reflects a final judgment in a lawsuit originally filed over a decade ago — unless the federal government files yet another appeal.”
Currently, Maine Yankee’s 1,400 spent nuclear fuel rods — which will pose a threat to humans and the environment for at least 10,000 years — are stored in 60 airtight steel canisters encased in concrete that stand vertically atop a concrete pad on 12 acres in Wiscasset protected by a security fence and 24-hour surveillance. Another four “dry cask” containers encase irradiated steel removed from Maine Yankee’s reactor vessel during the nuclear plant’s decommissioning, completed in October 2005.
The cost of operating, maintaining and providing security for Maine Yankee’s radioactive waste is approximately $8 million per year.
Eric Howes, director of public and government affairs for Maine Yankee, said today the three Yankee companies have another pending lawsuit against the Department of Energy, on identical legal grounds, seeking a total of $264 million in damages.
That lawsuit, filed on Dec. 13, 2007, in the U.S. Court of Federal Claims, seeks $43 million for costs Maine Yankee incurred storing and safeguarding its high-level nuclear wastes in Wiscasset from Jan. 1, 2003, to Dec. 31, 2008. Connecticut Yankee seeks $135 million and Yankee Rowe $86 million in damages.
The trial on the second lawsuit was held in October 2011. Howes said a decision could be issued this year.
Howes said if the federal government chooses not to appeal Friday’s ruling, the Federal Energy Regulatory Commission would decide exactly how the nearly $160 million awarded to the three Yankee companies would benefit ratepayers.
He said the award would come out of the federal Judgment Fund, funded by taxpayers, and created expressly to pay for final money judgments and awards against the United States.
“The Yankee Companies are working with local, state and national stakeholders in urging the [Obama] Administration and Congress to move forward this fiscal year on consolidated interim storage and the associated transportation planning,” Norton said in Tuesday’s statement about the federal court ruling.
Once again OUR Government shows just how little it can be trusted ………………….. Nuclear waste from around the country was supposed to be stored at Yucca Mountain in Nevada, but the repository has not opened because of opposition in Congress. President Barack Obama stopped further work at Yucca Mountain in 2010.
The worst part is that $100s of Millions of Taxpayers money have already been spent on Yucca Mountain repository.
Why do taxpayers have to take care of this?
This was a profit making enterprise.
Let Maine Yankee pay for disposing this stuff.
yessah
Taxpayers have to take care of it the same way they take
care of everyone who doesn’t pay taxes, the same way
they are being forced into Obamacare, the same way they
are paying for Solyndra and all the other failed “bets” made
with our money. The taxpayer AND businesses who are paying
taxes always end up paying for our intelligent politicians who
make deals with OUR money then can’t honor their committments.
Ronald Reagan signed the Nuclear Waste Policy Act of 1982.
That Ronald Reagan – the socialist bailout queen.
Yessah
Regan wasn’t President when the government refused to comply. Per the article it was 1998. wasn’t Clinton your idol back then? Hmmmm…………Regan made it law, Clinton ignored it. Hmmmmmmmmmm, not the first time for billie boy is it?
The time period the suit covers is Jan. 1, 2003, to Dec. 31, 2008.
Gee, I wonder who was president then?
Go back and re-read the fourth paragraph. The original suit was filed in 1998.
True, the original lawsuit was filed in 1998, during Clinton’s presidency. However, the Bush II administration could have settled the lawsuit, but did not. This issue has continued through both Democrat and Republican administrations, as well as Congresses controlled by both parties. It appears to me that the posters who are framing this as a partisan dispute are arguing for its own sake.
Sorry to inform you but the Nuclear Waste Policy Act of 1982 was the basis of Maine Yankee’s lawsuit.
It took spent fuel off the nuclear industry’s hands and placed it on the taxpayer’s books.
Hence the Reagan Bailout.
The government did not “refuse to comply” – there was not then, and there is not now, any real solution to the problem of nuclear waste.
Yucca Mountain is a cowardly multi-billion dollar politically expedient anti-state’s right’s Big Government joke/bailout.
Yessah
Maine Yankee craps all over the neighborhood and expects the Feds to clean it up and move it to Nevada’s neighborhood. Sounds like Raygun’s thinking. Maybe I’ll let my dog crap in my neighbor’s yard and call the Feds to clean that up too. Nukes…The gift that keeps on giving
This is crony capitalism at its worst.
Maine Yankee made millions producing that spent fuel.
Why are the taxpayers responsible for taking care of Maine Yankee’s spent fuel that made them those millions?
Because Ronald Reagan took that spent fuel off their hands and gave it to the taxpayers.
We The People now own Maine Yankee’s spent fuel.
In addition to the $81 million dollars in this settlement – we the taxpayers that now own that waste – have to pay to Maine Yankee an additional $10 million a year to keep it at Maine Yankee.
The cost of disposing of the nation’s spent nuclear will exceed $100 billion (the last estimate of building the Yucca Mountain repositiory) and taxpayers will be on the hook for most of this.
Thank you Ronald Reagan for the gift of spent fuel – that will keep on a’givin’ for the next 240,000 years.
Nuclear Power – too cheap to meter!!!!
not
Yessah
I hope the computer you spill your leftist propoganda from is solar powered or your just a hypocrite like 99% of socialist are. If Obama was smart he would open Yucca Mountain tommorow and renogotiate with the power companys. It might help him get reelected to solve a big problem like this.
Taxpayers will pay tens of billions of dollars to dispose the spent fuel from the nation’s COMMERCIAL nuclear reactors.
Yet another bailout of a profitable industry.
Yucca Mountain was also chosen against the will of the citizens of Nevada – so much for “state’s rights”.
GOP + nuclear power = socialist bailout hypocrisy on steroids
Yessah.
Nuclear power generators have paid on average $750 million per year for the last three decades accumulating a trust fund of $25 billion to dispose of the nuclear waste (DOE). There is no bailout necessary, just action by the federal government to live up its end of the contract.
The last cost estimate for the Yucca Mountain repository was $100 billion and climbing.
The Nuclear Waste Fund will ultimately only provide $28 billion of that.
The taxpayers are on the hook for the rest.
Please try to keep up.
Oh yeah – taxpayers are going to have to shell out $4-8 billion to dispose of the 750,000 metric tonnes of depleted uranium (uranium hexaflouride) accumulated as the by-product of the reactor fuel enrichment process.
Add that to the taxpayer bailout too.
Yessah
Cherry picker! The estimate ($96.8 billion in 2008) covers research, development and operation beginning in 1983 and for the following 150 YEARS.
Cherry picker?
Nope
Fed-up taxpayer – fed up at watching Republicans privatizing profits and socializing costs.
Taxpayers & ratepayers take a big hit with nuclear power.
Yessah
I wonder if you would say that if that waste was in your backyard. Nukes product as much dangerous waste as coal.
LOL….Ron Reagan, seriously?
90% of the nuke plants out there were built decades before Reagan took office.
I agree with the crony capitalism comment, but to pin it squarely on Reagan is bogus…the cronyism dates back to the progressives of the early 20th century and their unconstitutional legislation that hijacked the once-equitable American economic system.
Reagan signed the Nuclear Waste Policy Act of 1982.
He done it to the taxpayers – and bailed out the nuclear power industry.
Please try to keep up.
Yessuh
The public asked Regan to do something about the nuclear waste, so he did, and now you’re giving him grief for it? Look, I don’t like any US president who sidesteps the rule of law, including Regan, but you can’t really blame him for that mess.
Crony capitalism has been going on for a long time now. It’s no different than any other form of government corruption, no matter if it is based on capitalism or communism, etcetera. It really doesn’t matter who is in office, it still goes on.
Your wink and a nod to people of the same political party, by essentially ignoring your party’s own misdeeds, is nothing more than an indicator that our political process is being dismantled. Not by some foreign enemy, not from a great depression, but we alone are responsible for this mess.
Our own radicalism and apathy has eroded our rule of law, and career politicians play us against each other for votes. It’s a scam.
“A Republic, madam, If you can keep it.” – Benjamin Franklin.
Which “madam’ was that? He knew several
No – the nuclear industry asked the taxpayers to “do something abut nuclear waste”.
It was clearly too expensive for the industry to handle and would have made the whole idea of nuclear power unprofitable.
That is why Maine Yankee sued the taxpayers.
Ronald Reagan was all too eager to bail them out.
Yessah
Yucca mt. is BUILT. Reid and your hero, obama wont let the power companies use this facility for what is was designed for because of politics, and nothing more. Now its Reagans fault? That kool -aid they are drinking is getting stronger.
Yucca Mtn. has 5 miles of tunnels, out of the 40 miles it needs if built as designed. In the meantime, waste accululates, politicians dither, and industry keeps on getting subsidies. As much money as has been wasted on nukes, you would think some would have been used to find better solar or tidal power or something.
It’s definitely the company’s fault, Sheese they should have
KNOWN that they were going to have to hold it for years and the Government would
back out of its legal responsibility when political winds changed!
$81,690,000? Hope the check clears.
Corporate welfare.
Do you remember!!!
When Angus King was Governor and his energy consulting business was bought from CMP for 8 millon dollars and his wife worked for CMP at the Same time.
Do you remember!!!
That since Maine yankee went on line, we the rate payer paid $5 per month toward the closing of Maine Yankee.
Do you Remember!!!
That the PUC under Angus King gave the closing funds to Bangor Hydro and CMP because they said sleeving the tubes would keep the Plant open an additional 20 years. over 125 millon dollars of the rate payers fee’s went into their pockets.
Do you remember!!!
That 6 months later under Angus King they said they now would have to close the plant down but didn’t have the funds to do so.. Ok course the PUC under Angus King put it back onto the rate payer as a fee.
Do you Remember!!!
When durning this time the PUC under Angus King forced the Ratepayer to buy out all the contracts for power generation at 100%.. for well over a billion dollars… Then of course we still had to buy power and were charge once again on a divided bill..
I hope you remember
Yessah – and why I will not vote for Senator Angus.
Angus is Angus’s Job 1
Yessah
Call us “ratepayers” or call us “taxpayers”, bottom line is we are paying for it either way.
The only ones coming out ahead are the lawyers.
Consider This..Spent Fuel in these temporary containment spaces are very dangerous because they are supposed to be “just temporary” and can leak.. Also a good source for terrorist activity..
I wonder if we’ll have a problem with the spent fuel from the Wind Turbines? Or the future Tidal Generators? I know the ash from the Coal generators makes great fertilizer for tomato farmers.
Electricity too cheap to meter!
I never thought it made sense to truck that stuff all over the country to yucca mt. It is better off where it is; that real estate is ruined forever anyway. This was always the biggest question about nuclear power; what to do with the waste. We are still trying to figure that out after the fact. It’s old fashioned cart before the horse thinking.
Maybe they ehould put it around Ronny Rayguns grave! He’s the one who accepted responsibility.
Here’s part of a Geology 101 paper I wrote 12 years ago:
One
resource that many nations have available to them is the ocean. It
is used as a source of food and mineral resources, for
transportation, and sometimes as a dumping ground. Past ocean
dumping has resulted in trash washing up on the shores and
contamination of fishing grounds. No person, group, or nation
publicly advocates dumping radioactive waste at sea.
Thirty
percent of the sea floor is covered by a fine grained, chocolate
brown sediment called abyssal red clay. It accumulates at rates less
than one centimeter per millennium. It’s composed of materials from
a variety of sources such as land dust, black smoker precipitate, and
fine biogenic sediment (Hollister et al, 1981). Dr. Charles
Hollister of Woods Hole Oceanographic Institution was a pioneer in
studying these sediments. He once collected a 100 foot deep core
from the sea bottom which contained 65 million years of continuous
sedimentary history. He was an expert in deep sea currents and sea
bottom storms (Saxon, 1999).
Dr.
Hollister believed that these sediments may offer a solution to the
nuclear waste disposal problem. In the early 1970’s he proposed
that wastes could be buried in them. In 1974, Sandia National
Laboratories began looking into the idea. Based on the action of
radioactive particles that had settled in the deep ocean following
atmospheric nuclear testing, the researchers knew that sea floor mud
holds fast to these types of wastes and prevent their diffusion into
sea water. Because they are mud, rather than rock, any disturbance
is self healing. No cracks in the burial area will ever effect the
security of the site. Further experiments suggested that when waste
canisters eventually leaked, a burial depth of even ten meters would
permanently prevent the waste from entering the biosphere (Nadis,
1996).
In
the 1980’s, congress funded, and then withdrew funding of the Office
of Subseabed Disposal Research within DOE. Then congress directed
that research be concentrated on land based disposal options –
primarily Yucca Mountain. In an article published two years ago, Dr.
Hollister estimated that “the overall cost of a concentrated
program to evaluate subseabed disposal might reach $250 million”.
By comparison, $2 billion has been spent on evaluation of Yucca
Mountain (Hollister & Nadis, 1998).
The
current state of this research is problematic. In 1986, the U.S.
government cut off funding to sub-seabed research, and in 1996,
members of the London Dumping Convention, which regulates dumping in
international waters by member nations, voted that sub-seabed
disposal was a form of ocean dumping (Hollister & Nadis, 1998).
Dr. Hollister continued to push for research into the idea, but he
died in a climbing accident in the summer of 1999 (Saxon, 1999).
With his death, support for the idea may wane. For now all we can do
is look at the incomplete studies and evaluate data from other
sources.
The
majority of the sea floor is tectonically inactive compared to most
continental sites. Between the time the rock is formed at ocean
ridges until the time it is destroyed in a subduction zone, it is
subjected to long periods of inactivity. During this time sediments
slowly build up to great depths and eventually become lithified,
forming shale. When the plate does become tectonically active again,
it is through the process of being subducted back into the earth’s
interior, being melted and destroyed.
There
are two proposed methods of placing wastes into the mud. The first
is to load the wastes into a torpedo-shaped container and drop them
from several hundred feet above the sea bed. The drop would cause
each container to bury itself in the mud to an effective depth
(Hollister et al, 1981).
The
other method would be to drill into the mud using oil well
technology. The containers of waste would then be lowered into the
drill hole and the hole would be backfilled with mud. Each hole
could accommodate a dozen or so containers, depending on how deep it
was drilled. There would be about 20 meters of mud between each
canister, and the holes would be well spaced to prevent interactions
between them and to spread the material (Hollister & Nadis,
1998).
While
not an otherwise active environment, the deep ocean sediments,
combined with the material in the container, are likely to corrode
through its metal skin in about 500 years, even using the best
corrosion resistant alloys. Among other reasons, this is because the
heat generated by the waste would lower the pH of the water in the
pore space of the surrounding clay (Hollister et al, 1981).
Estimates
are that in the 29,000 years after the canister is breached (one half
life of U-239), the materials will migrate outward about a meter into
the surrounding mud. Because they are heavy elements, they will be
held down into the sediment by gravity (Hollister & Nadis, 1998).
Heat from the waste will also effect the clay, but because of the
low water infiltration rate, most movement of heat will be by
conduction. The area of the mud heated to over 100C
will never exceed a space extending about 80 centimeters from the
canister (Hollister et al, 1981).
I have always wondered why the taxpayer gets stuck with the bill for removing nuclear waste and storing it. Seems to me that should be part of the cost of running a nuclear power plant. It would be interesting to have a full accounting of how much of the expense the taxpayer has been stuck with by the nuclear industry.
The same accounting would be interesting in the oil, natural gas, and coal industry. Why is it okay in those industries and then we are told but we shouldn’t subsidize solar power,besides the fact it might cut into the profits for the other three industries.