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Home My WebLink AboutMINUTES - 02061996 - SD13 TO: BOARD OF SUPERVISORS ,. ��......*...o, Contra FROM:', Mark DeSaulnier and Tom Torlakson '` � ` , ,� s Costa February 6, 1996 County DATE: � ...... ••FT Reaffirmation of Board's Position re Spent Nuclear Fuel dy,.. ... SUBJECT: Rods at the Concord Naval Weapons Station; Potential Legal Action Related Thereto; Direction to Seek Support From Other Jurisdictions SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION CONSIDER reaffirming the Board's opposition to unloading spent nuclear fuel rods at the Concord Naval Weapons Station for subsequent shipment by rail or truck to the Idaho National Engineering Laboratory; DIRECT County Counsel to consider the bases for a lawsuit to attempt to stop the use of the Concord Naval Weapons Station for this purpose; and DIRECT the Director, GMEDA, to seek support from other jurisdictions for the Board's position in this regard. BACKGROUND In the Spring of 1995, the United States Department of Energy (DOE) notified local government that a draft EIS was available for review to consider the shipment of spent nuclear fuel rods through the Concord Naval Weapons Station for transport by rail or truck to another destination, most probably the Idaho National Engineering Laboratory, for storage. On May 22, 1995, a public hearing sponsored by the DOEwas held in Concord to discuss the draft EIS. Local government officials and members of the public voiced great concern that many factors had not been taken into account in the EIS; e.g. , earthquakes, refineries along the shipping route, training for law enforcement and fire response, the costs associated with training and response to any accident, correct identification and understanding of the topography and geology of the local area, etc. On June 6, 1995, the Board of Supervisors unanimously voted to oppose the transport of the spent nuclear fuel rods through the Concord Naval Weapons Station and that the final EIS should include detailed information, including CONTINUED ON ATTACHMENT: X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON February 6 , 1996 APPROVED AS RECOMMENDED X OTHER X Please see Addendum (Attached) for further Board action. VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE �_UNANIMOUS(ABSENT _ + AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: County Administrator ATTESTED February 6, 1996 County 1 PHIL BATCHELOR,CLERK OF THE BOARD OF Director, , GMEMEDA STrIANDCOUNTY ADMINISTRATO M382 (10/88) BY Reaffirmation of Board's Position re Spent Nuclear Fuel SPP Rods at the Concord Naval Weapons Station; Potential Legal Action Related Thereto; Direction to Seek Support From Other Jurisdictions February 6, 1996 Page 2 answers to the county's questions which were part of its response to the draft EIS. Several other local jurisdictions and Senators Barbara Boxer and Dianne Feinstein conveyed similar concerns and objections to the proposal. On February 1, 1996, we were informed by the Oakland Office of the DOE that the Secretary of the Department of Energy would announce at a press conference the following day (February 2, 1996) that the Concord Naval Weapons Station was the recommended site for shipments coming to the west coast. A conference call was held on February 2, 1996, with David Huizenga, Director of Planning for the DOE. He informed us that this matter would be published in the Federal Register in approximately the middle of February, 1996, and there would be 30 days from the time of that publication to make any final comments on the EIS before a Final Record of Decision would be made. Mr. Huizenga offered to arrange for DOE officials from Washington, D.C. , to come to our area for a public meeting during that 30-day time frame. We accepted his offer. At this time we are awaiting transmittal of the Final EIS from the DOE. It is anticipated that the meeting with DOE officials will occur in the latter part of February or the first part of March. Because of the 30-day time frame once the EIS is published in the Federal Register, we believe it is very important to have County Counsel begin researching this issue now for a report back to the Board on the bases for a lawsuit. It is also important to begin the process of seeking support for our position from our neighbor jurisdictions, each of whom will be impacted by the decision of the DOE. SD.13 February 6, 1996 Item SD.13 ADDENDUM Supervisor DeSaulnier moved to place this item on the Board's agenda as an Urgency Item, in compliance with the Better Government Ordinance. Supervisor Bishop seconded the motion. The vote on the motion was as follows: AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson and Smith NOES: None ABSENT: None ABSTAIN: None Supervisor DeSaulnier moved to reaffirm the Board's position in opposition to unloading spent nuclear fuel rods at the Concord Naval Weapons Station for subsequent shipment by rail or truck to the Idaho National Engineering Laboratory; to direct County Counsel to consider the basis for a lawsuit to attempt to stop the use of the Concord Naval Weapons Station for this purpose; and to direct the Director, Growth Management and Economic Development, to seek support from other jurisdictions for the Board's position in this regard. Supervisor DeSaulnier recommended combining legal resources with the surrounding cities through consultation with the Mayor's Conference and the City Attorney's group. Supervisor DeSaulnier also proposed that the County's representative to the Association of Bay Area Governments (ABAG) request that ABAG join the County in opposition to the proposal from the Department of Energy. Supervisor Torlakson seconded the motion. Supervisor Smith expressed that the Board should be very clear that if the County and the cities do not receive a satisfactory response to their questions after the Environmental Impact Statement (EIS) is released and after the meeting with the Department of Energy, that the County should move ahead with litigation as it will be the only prospect for gaining satisfactory answers. Supervisor DeSaulnier expressed concern that the County has been receiving conflicting answers from the Department of Energy regarding its reasons for selecting the Concord Naval Weapons Station, as opposed to other available ports which are closer than Concord to the final destination point in Idaho. Supervisor DeSaulnier also expressed concern regarding the nuclear fuel rods being transported through other densely populated areas like Solano County, Sacramento County, Tahoe, Reno, and Salt Lake City and that those other jurisdictions may not realize that hazardous nuclear materials will be transported through their communities. Supervisor DeSaulnier amended his motion to authorize the Chair, Board of Supervisors, to send letters to other counties which may be impacted by the transportation of spent nuclear fuel through their jurisdictions; to authorize the Chair, Board of Supervisors, to send letters to other Bay Area counties to gain their support for the Board's position of opposition; and to invite the City of Martinez to participate in the upcoming meeting with the Department of Energy. Supervisor Smith asked for any other comments, reiterated the motion, called for the vote, and the Board took the following action: IT IS BY THE BOARD ORDERED that the Board REAFFIRMS its position of opposition to the unloading of spent nuclear fuel rods at the Concord Naval Weapons Station for subsequent shipment by rail or truck to the Idaho National Engineering Laboratory; IT IS FURTHER ORDERED that County Counsel is DIRECTED to consider the basis for a lawsuit to attempt to stop the use of the Concord Naval Weapons Station for this purpose; IT IS FURTHER ORDERED that the Director, Growth Management and Economic Development, is DIRECTED to seek support from other jurisdictions for the Board's position in this regard; IT IS FURTHER ORDERED that the Chair, Board of Supervisors, is AUTHORIZED to send letters to other counties along the road and rail transportation routes which will be utilized to ship spent nuclear fuel to Idaho in order to gain their support and to inform them that this hazardous material may be transported through their jurisdictions; IT IS FURTHER ORDERED that the Chair, Board of Supervisors, is AUTHORIZED to send letters to other Bay Area counties to gain their support; and IT IS FURTHER ORDERED that the County Administrator is REQUESTED to invite the City of Martinez to participate also in meeting with the representatives from the Department of Energy after the final Environmental Impact Statement is published in the Federal Register. cc: County Administrator County Counsel Director, GMEDA