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89-608: The Tekoi rocket testing facility was constructed in 1976 for machining, testing and calibration of solid rocket booster motors by Hercules Aerospace 's Utah Aerospace Division; Hercules developed double base propellants . By 1990, Hercules used 35 acres of their 3500 acre lease held through the Bureau of Indian Affairs and employed 17 people on site. Hercules employed approximately 3000 people 75 miles away at their Baccus Works in Magna, Utah for solid fuel motor construction in 1990; by 1992, as

178-574: A ripeness threshold. They proceeded to appeal BIA's approval of the lease agreement in September 2000 and were joined by other parties including the Ohngo Gaudedah Devia Awareness (OGDA or OGD) and the State of Utah. This was then filed as a lawsuit on 2 May 2001, over the legality of the 1997 lease agreement, stating the "Bear regime" (Leon and his uncle Lawrence) had been recalled in 1994 over

267-508: A 0.5 psi overpressure to 7970 feet. PFS also evaluated the risk of a rocket motor escaping the test stand, which was considered improbable given the design of the facility. In 2003, while the nuclear storage was still under consideration, the Goshutes began a balefill trash site ( landfill ). It was operated by CR Group, which was a cooperation of Ace Disposal and Metro Waste. It was in full operation by 2005. Waste Management of Utah purchased

356-583: A 1987 amendment to the NWPA. This 1987 amendment also created the Office of the United States Nuclear Waste Negotiator (ONWN), which was active in the early 1990s after its first negotiator, David Leroy , was appointed in 1991. Leroy described the government as "seek[ing] volunteers" of counties and tribes willing to host a MRS. After rounds of grants and applications to the counties and tribes,

445-494: A 222-page "partial initial decision" regarding "credible accidents", primarily from a military aircraft accident, discussing the probability of a hypothetical F-16 crash at the site. Topics such as nose angle, lookdown angle, and zoom climbs were evaluated. The Skull Valley corridor was used for approximately 7000 sorties per year during training (day and night, as low as 100 feet (30 m) above ground level). NRC specifically didn't evaluate intentional terrorist aircraft crashes,

534-408: A Japanese Yen currency put option in 1998. In 2005, Bear pleaded guilty to lesser charges and was required to pay $ 31,000 to the tribe account and $ 13,000 in federal taxes. Sammy Blackbear, an attorney, and two other tribe members were charged with similar counts of theft after a soft coup in 2001 where they withdrew over $ 45,000 in tribal funds and transferred over $ 400,000 in funds to

623-693: A concert in Salt Lake City to raise awareness to the project. The Indigo Girls, Ani DiFranco , Winona LaDuke , James Cromwell , Rep. Dennis Kucinich , Public Interest Research Group 's Navin Nayak , and Margene Bullcreek also held a press briefing in Washington DC on July 25, 2005. Aside from the Goshutes in Utah, other Utah residents and NRC acknowledged the disproportionate effects of US nuclear weapon testing on Utah residents (see Downwinders ), especially after

712-568: A document. In March 1999, eighteen tribe members including Sammy Blackbear ( ( 1964-04-18 ) April 18, 1964 (age 60) ) and Margene Bullcreek sued BIA over the legality of the 1997 lease agreement, which they BIA approved (per the Indian Long-Term Leasing Act ) in three days, an unusually prompt event. The Blackbear/Bullcreek suit was dismissed in February 2000 without prejudice (and upheld in an April 2000 appeal) as it had not met

801-498: A federal forum". Still, Price-Anderson had many unanswered questions and grey areas for the project. Leon D. Bear ( ( 1956-02-14 ) February 14, 1956 (age 68) ), identified as chairman of the Goshutes by PFS, had pushed for the project, describing it as appropriate given the surrounding toxic sites that already existed. Mary Allen, a Goshute executive committee member, doubted the tribe could handle it, as did tribe member Margene Bullcreek, who said about $ 300,000 had been granted to

890-573: A lawsuit against DOI for blocking the plan through the Administrative Procedure Act . The lawsuit indicated the PFS contract was worth $ 200,000 per year in the construction phase, $ 1 million per year after opening, plus profit sharing . Since DOI's objection caused the cancellation, the suit was asking for damages as well as overturning their decision. The case was decided in July 2010, overturning both

979-408: A new issue at the time, nor did they evaluate the damage that might occur to the nuclear casks- instead, they simply discussed the probability of a crash. The report remarked that it was the 55th decision related to the PFS application, that the transcript of the topic's 2002 hearings was 11,000 pages, 475 exhibits were shown, and the post-trial briefs covered another 2200 pages. The metric adopted

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1068-453: A plane crash was considered credible (needing to be evaluated) rather than incredible (so unlikely that it does not need to be evaluated) as PFS claimed. NRC staff also calculated the probability of jettisoned ordnance (before or during an aircraft emergency) to be 2.11*10^-7. While outside the metric, it is an added factor to the overall risk, so it was considered worthy of consideration. NRC ruled against PFS for this, though PFS's Scott Northard

1157-643: A private consortium, Private Fuel Storage, LLC, led by Xcel Energy (via Northern States Power Company 's Jim Howard and the "locally visible and vocal" engineer, Scott Northard) to store 30,000 metric tons (30,000 long tons) on 450 acres (180 ha) of Mescalero land in New Mexico, called the Mescalero Utility Fuel Storage Initiative. This was controversial and opposed by many in the tribe as well as New Mexico's senators Jeff Bingaman and Pete V. Domenici . The Mescalero tribe voted against

1246-654: A project worth approximately $ 3 billion and was technically temporary storage. Some of the Goshutes were in favor of the project for the economic boost, including Danny Quintana, a non-Indian attorney representing the tribe in the project, who described the tribe as "very astute in terms of business deals" in 1995. It was also opposed by others in the tribe and by many outside groups, such as Senators Orrin Hatch and Bob Bennett , and House Representatives Rob Bishop , Chris Cannon , James V. Hansen , Jim Matheson , Utah governors Mike Leavitt (who famously said "over my dead body" to

1335-470: A series of laws to require a $ 5 million nonrefundable application fee, restrict transportation of nuclear waste, add a 75% tax on it, requiring $ 150 billion in upfront fees, and similar maneuvers. Utah also sued PFS for concerns including the Yucca Mountain storage project, risks from stray bombs dropped at the nearby Utah Test and Training Range , credible risk of an aviation crash and risks of accidents at

1424-541: A tribe member, and assaulting children. The agreement had a minority of tribal members on its board (4 from the tribe, 5 from PFS), and there was a possibility for the transfer the SNF title to the tribe. The tribe broke off negotiations in 1996. Negotiations with the Goshute tribe were ongoing and became primary. Xcel/Northern claimed 33 companies were involved, but by 1995 there were only 10 companies, and when Private Fuel Storage

1513-494: A vertical or horizontal orientation. The thrust measurement system does not need to account for the changing weight of the rocket in a horizontal position. The associated flame trench need not be so sturdy as with a vertical test stand, however a water system may be less effective at reducing the sound pressure level. All test stands require safety provisions to protect against the destructive potential of an unplanned engine detonation. The safety provisions generally include building

1602-537: Is private property. Youtuber CGP Grey has documented a public video where he explores the Tekoi site. Deseret UAS had a lease to test on the site in 2019, testing and demonstrating hazmat response drones. The Goshute tribe had planned on allowing the Private Fuel Storage consortium to store 44,000 tons of high-level nuclear waste from over 100 nuclear reactors on the site in above-ground storage. The license from

1691-566: Is typically provided by steam ejector/diffusers. If the products of combustion from the rocket firing include flammable or explosive materials , the chamber must be inerted, typically with gaseous nitrogen (GN2). The inerting process prevents build-up of potentially explosive materials inside the chamber or exhaust ducting. Private Fuel Storage Private Fuel Storage LLC (PFS) was a nuclear power industry consortium organized to manage spent nuclear fuel based in La Crosse, Wisconsin . The plan

1780-554: The Cedar Mountain Wilderness (over 100,000 acres (40,000 ha)) and a moratorium on Bureau of Land Management on related land use planning. These actions were specifically to block a proposed rail spur that would have delivered casks to the PFS site, which would have crossed or impacted eight historic sites: the Hastings Cutoff , US Route 40 , Victory Highway ("old" and "new"), a Western Union telegraph line,

1869-774: The MGM-134 Midgetman contracts closed, the employment was reduced to about 1000. Hercules designed the Nike Ajax M5E1 steel-tubed solid fuel motor, used as the Nike Hercules XM-42 (first stage) package, which contained four of the M5E1 motors; approximately 25,000 Nike Hercules were produced. Hercules also designed the Orion rocket motors , the MK12 (used for the RIM-67A ) and MK70 (RIM-67C), and

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1958-766: The Northrop Grumman Space Systems Group in 2020. Solid rocket boosters are still tested and calibrated at Promontory. The Intermediate-Range Nuclear Forces Treaty (INF Treaty), active from 1987 to 2019, required the US to destroy the Pershing IA and II missiles. This was planned to occur at Tekoi by "static burning" the solid fuel motors, leading to objections by environmental groups in Utah. The destruction took place at Longhorn Army Ammunition Plant in Texas instead. Hercules employed several Goshute tribal members as of

2047-506: The Nuclear Regulatory Commission , submitted in 1997, was approved in 2006. The tribe had received widespread opposition to the efforts, which were finally canceled in 2012. A 1999 report from Private Fuel Storage calculated the impact of an explosion from the largest solid-fuel rocket motor capable of being tested at Tekoi, being "1.2 million pounds of Class 1.1 explosive". It would create a 1 psi overpressure to 4782 feet and

2136-723: The Western Pacific Railroad , and two roads. This was part of a Gov. Leavitt strategy of putting a "land moat" around Skull Valley. Since the rail spur was blocked through law and BIA Chad Calbert's Record of Decision (ROD), and BLM wasn't allowed to sign a MOA due to the moratorium, the Advisory Council on Historic Preservation withdrew, as all concerns over the National Historic Preservation Act were rendered moot. Southern Company and Xcel Energy backed out of PFS by December 2005; Xcel had been

2225-495: The $ 250 million deal in 1995, then proceeded into a second referendum and accusations of coercion and outside involvement, though the vote supposedly ended in PFS's favor, leading Tom Udall (then the New Mexico Attorney General) to state "It appears to me that the tribal leadership has strong-armed members to get this result", with allegations of job losses to opponents, intimidation through killing horses and dogs of

2314-530: The Calvert and Cason decisions, with the court explaining that their decision was "arbitrary and capricious" and an abuse of discretion. For instance, the environmental impact statement, filed well before 2001, did not include discussion of terrorist attacks like were seen in the 9/11 attacks, leading the judicial opinion to state "the DOI had an obligation to prepare an adequate [environmental impact statement", especially since

2403-410: The Goshute funds: nearly $ 130,000 from an economic development office and over $ 25,000 by double-dipping travel stipends. He was also charged with three counts of falsifying tax returns (from 2000 to 2002), which required enforcing an IRS summons. In an unrelated case, Bear and tribal businesses, Starlike Properties Inc. and Diversified Acquisition Star LLC, were also under investigation for tax fraud from

2492-489: The Larry Bear group. Weiss also argues that the rhetoric strategies and polarization makes social constructionism very applicable to the rhetorical themes and tactics. The harsh environment shaped much of the Goshute tribal identity, lacking sufficient resources to allow for a powerful central rule or sense of community. Arguments, or claims-making, is used to argue a viewpoint to gain the moral high ground. Common tactics in

2581-616: The MK11 Talos . Hercules designed the Pershing II missile first and second-stage motors , then tested them at Tekoi in 1980. The engines used HTPB in the fuel casting, EPDM insulation, and Kevlar casings to save weight. In 1986, Hercules designed and tested the second and third-stage solid fuel motors for the MGM-134 Midgetman at the site. The motors used a graphite filament-wound case to reduce weight and NEPE fuel composition that

2670-424: The PFS argument excluded them from the narrative, and the community advocates eroded trust by referencing the downwinder damage and by eroding the motives of politicians and local opponents, while the opponents "won" through use of repetition more than accuracy. Tracylee Clarke also described the intra-tribe dynamic that led to lack of voice and access, shaping of the tribe's identity through the distorted narrative of

2759-467: The PFS corporations and other connected industry associations, identifying $ 14.4 million in direct lobbying expenses and $ 22.5 million in related associations in an 18-month period starting January 1999. They also identified nearly $ 5 million in campaign contributions from the groups during the same time period. The Sierra Club also opposed it. In October 2000, Bonnie Raitt and the Indigo Girls held

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2848-477: The SNF to be assumed by DOE until being taken to a permanent site, and with no permanent site even in a planning state, the risk of a private facility is substantially higher. In 2010-2011 the status of the project was described as "uncertain". PFS withdrew their application on December 20, 2012, which was signed by PFS's Chairman of the Board Robert M. Palmberg. It was estimated that $ 70 million had been spent on

2937-488: The State of Utah filed initial objections to the plan in 1997. Utah filed 68 out of the 160 total contentions. Utah contended that NRC does not have jurisdiction via the Nuclear Waste Policy Act of 1982 (NWPA), since it was for an intermediate offsite spent fuel storage facility (ISFSI), which was not explicitly discussed. This was rejected in 1998, siding with both NRC and PFS's arguments that precise enumeration

3026-646: The Tooele County area to other waste projects and incidents such as the Dugway sheep incident , where the accidental release of VX gas in Skull Valley killed 6000 sheep, which were buried on the Skull Valley Band's land with a financial settlement. Bayley Lopez of Nuclear Age Peace Foundation called the waste storage on Indian lands proposals "a form of economic racism akin to bribery". The project application

3115-661: The accusations of embezzlement, Vollmann noted the tribal leaders "are currently cooperating with a pending federal law enforcement investigation", but stated that wasn't under the ASLPB's purview. Leon Bear stated that disclosing revenues, including from PFS, and the allocation to members, "would violate tribal law and custom." Leon Bear was criminally indicted by a federal grand jury in December 2003 on two counts of thefts from Indian Tribal Organizations, one count of theft of programs receiving federal funds, over conversion and embezzlement of

3204-555: The band executive committee's travel to Sacramento, California's Rancho Seco nuclear plant , Washington state's Hanford Site , Florida Power & Light nuclear facilities, and Virginia 's Surry Nuclear Power Plant . The second phase of grants, approximately $ 200,000, sent the committee to Japan's Fugen nuclear plant and Tōkai reprocessing facility , France's La Hague reprocessing facility , UK's Sellafield power/reprocessing/storage facility, and Sweden's Clab storage facility. After ONWN wound down, MRS efforts were picked up by

3293-565: The chairman of the tribe but did not verify it. He recalled being at a General Council meeting of the tribe where Bullcreek "challenged Leon's role in leadership". Bear was the tribal secretary in 1990–1991; he was elected as chair in November 1995 and again in November 2000; his uncle, Lawrence Bear, was the previous chair. Bear presented the executed lease with PFS to the council. In Utah and OGD's complaints surrounding environmental justice issues under Pres. Clinton's Executive Order 12898, in 2002

3382-463: The communication dynamics in charge of agents, agency, and purpose. For instance, she explained the pro-PFS tribal group (Larry Bear) as fitting a narrative frame of self-determinism , "The Goshutes (agent) have made an educated decision (agency) about this facility and we feel it is in our best interest to go forward with the project. It benefits ourselves and the nation (purpose). Those who oppose us do so out of ignorance and prejudice." The PFS argument

3471-521: The dangers of radiation, for example, are culturally dependent, with some tribes (such as the Paiutes) assigning a heavy spiritual cost to radioactivity. Grassroots activism in such communities is more similar to civil rights movements than environmental movements. Peeples stated that the combination of these three disparate approaches was "particularly problematic" based on the issue. While the Goshutes tried to establish trust in their decisionmaking abilities,

3560-428: The dispute was frame and reframe an opposing point of view and react to that framing, and to vilify the opposition by examining motives and by exaggerating imperfections. Proponents gave rhetorical trust to scientists and tribal leadership, while distrusting the state of Utah and its actors (such as Gov. Leavitt). Expert proponents described their years of experience and awards won (such as six Nobel laureates who supported

3649-470: The engine is firing. The rocket exhaust is directed into a flame bucket or trench. The flame trench is designed to redirect the hot exhaust to a safe direction and is protected by a water deluge system that both cools the exhaust and also reduces the sound pressure level ( loudness ). The sound pressure level of large rocket engines has been measured at greater than 200 decibels — one of the loudest man-made sounds. Solid rocket engines may be fired in either

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3738-617: The events. In December 2001, after the 9/11 attacks, the state of Utah filed contention RR, "Suicide Mission Terrorism and Sabotage". The commissioners invited parties to comment on the issue in February 2002, specifically asking "What is an agency's responsibility under NEPA to consider intentional malevolent acts, such as those directed at the United States on September 11, 2001? The parties should cite all relevant cases, legislative history or regulatory analysis." In 2003 NRC's Atomic Safety and Licensing Board 's administrative judges posted

3827-575: The falsified new tribal organization (with authorization from the Henry Clayton, the non-recognized Nato Indian nation 's self-described "residing judge of the First Federal District Court"), attempted to get $ 250,000 at a second branch, and attempted to withdraw $ 385,000 from another bank. In 2005, Sammy Blackbear pleaded guilty to the misuse of $ 1000 in tribal funds. After the Bear chaos,

3916-439: The ground may behave very differently in space. A typical sea level test stand may be designed to restrain the rocket engine in either a horizontal or vertical position. Liquid rocket engines are usually fired in a vertical position because the propellant pump intakes are designed to draw fuel from the bottoms of the fuel tanks . The effect of the propellant weight on the thrust measurement system (TMS) must be accounted for as

4005-439: The ground, under controlled conditions. A ground test program is generally required before the engine is certified for flight. Ground testing is very inexpensive in comparison to the cost of risking an entire mission or the lives of a flight crew . The test conditions available are usually described as sea level ambient or altitude . Sea level testing is useful for evaluations of start characteristics for rockets launched from

4094-503: The ground. However, sea level testing does not provide a true simulation of the majority of the operating environment of the rocket. Better simulations are provided by altitude test facilities. The facility must restrain the rocket and direct the rocket exhaust safely toward the open atmosphere. Structural integrity, system operations, and sea level thrust can be measured and verified. However, rockets are primarily intended for operations in very thin or no atmosphere. Systems that work well on

4183-455: The information "generally appears to be readily obtainable". While the Tribe and PFS had sent multiple letters offering to furnish more information to no avail, part of the denial was for lack of information. The ruling meant DOI was required to reconsider the application. Sen. Hatch and Utah's congressional delegation criticized the reopening, with Hatch calling it "a lawyer-employment plan funded by

4272-644: The intense fallout from the Upshot-Knothole Harry test, later nicknamed "Dirty Harry". This fallout led to substantial increases in cancer rates of southern Utah residents and even a Hollywood film crew making The Conqueror near St. George, Utah . John Wayne 's lung cancer in 1964 and 1979 stomach cancer and death are often linked to the Dirty Harry test; at least 91 of 220 people on the set were diagnosed or died from cancer, including Susan Hayward , Pedro Armendáriz , and Dick Powell . Residents also linked

4361-465: The lack of voice and access to the tribe and the shaping of the tribe's identity through the distorted narrative. In April 1999 the tribe passed a resolution stating that all tribal documents are confidential and proprietary to "protect the Band from outsiders". After this point the committee attendance (sign-in) sheet was a legal agreement, binding members to confidentiality. Some members refused to sign such

4450-452: The last holdout member of PFS". In March 2006 PFS's Parkyn celebrated the appeal, stating "Yes, there is hope for our future" to applause at an industry forum. TIME magazine stated the tribe was slated to get $ 100 million over 45 years from the project, but neither PFS's Sue Martin nor the band's Leon Bear would confirm that. Margene Bullcreek said she had still not seen the contract. The Blue Ribbon Commission on America's Nuclear Future

4539-499: The latter focused on Yucca Mountain nuclear waste repository , and MRS was evaluated on many different sites. Department of Energy (DOE) was told to take title to the SNF no later than 1998. By 1987 DOE planned to build the facility near Oak Ridge, Tennessee on federal land as government nuclear research projects meant skilled personnel and infrastructure were already in place. Opposition to the Oak Ridge location led to its prohibition in

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4628-427: The laws passed by Utah as "more like blackmail than a simple protest", and that Utah doesn't want outside protesters coming in. Advocates, however, pointed to the 2000-2001 California rolling power blackouts as rationale for the continued need of nuclear power. By the end of 2002 it was clear Enron 's market manipulation was a key factor, and CEO Kenneth Lay was convicted on multiple charges in 2006 related to

4717-482: The lease price by a multiple of 4 or 5, which caused the lease to not be renewed. The land has been given back to the Skull Valley Indian Reservation . The Utah Film Commission advertises Tekoi as a film location, stating "visitors can expect dilapidated bunkers, military watchtowers, sprawling barren landscapes, and razor wire fencing along the perimeter - all with a post-apocalyptic feel." The area

4806-428: The legitimacy of his leadership and claiming corruption, such as embezzlement and having bribed tribe members. Opponents also used charges of racism, especially in terms of environmental justice and environmental racism . Proponents, especially Leon Bear, used these same charges to state the band is not being allowed to profit from this storage, perpetuating racism through paternalism. Proponents also argued that Leavitt

4895-467: The licensing board ordered the Skull Valley Band to account for lease revenues and distribution to the Band, defining OGD as a minority subgroup. On behalf of the Band, attorney Tim Vollmann contended this violated tribal sovereignty and was intervening in "internal tribal governmental matters", also noting Utah's FOIA request to the DOI for the lease details was filled, with compensation amounts redacted as confidential proprietary information. While discussing

4984-450: The lower air pressure include higher rocket thrust and lower heat transfer. An altitude facility is much more complex than a sea level facility. The rocket is installed inside an enclosed chamber which is evacuated to a minimum pressure level before rocket firing. A typical chamber operating pressure of 0.16 psia (equivalent to an altitude of 100,000 feet) is established inside the chamber by some form of mechanical pumping. Mechanical pumping

5073-413: The majority shareholder. Florida Power & Light backed out a week later, and the remaining utilities stopped funding PFS. This withdrawal also allowed the full approval for the PFS project on February 21, 2006, as Materials License number SNM-2513, titled "License For Independent Storage of Spent Nuclear Fuel and High-Level Radioactive Waste", subject to DOI approval. DOI's James Cason formally rejected

5162-454: The mid-1990s, and revenue from the Tekoi lease was about 90% of the tribe's income. Around 1995, approximately 30 members were living on the reservation and 119 enrolled in the tribe. The lease was not renewed in 1995 and the on-reservation tribal population dropped sharply by 1999; no money came from the lease, no tribal members worked there, and only about 15 members lived on the reservation. Tribe members accused their chairman of trying to raise

5251-496: The nearby Tekoi rocket facility. Of Utah's objections, Sue Martin of PFS said "it seems like this is a blatant attempt to divert the court's attention", and Deseret News 's editorial page editor Jay Evensen wrote editorial stating that while Leavitt and 80% of Utahns stand against the project, it might lead to a situation like the WTO riots in Seattle with "bullets and tear gas", and called

5340-409: The opponents of racism. Additionally, the perception and stigma of nuclear waste combines to reduce institutional trust and promote a NIMBY attitude, leading to the siting of locally unwanted land uses in minority communities with less time or resources to organize against it. Values and cost assigned to materials are culturally dependent and open to interpretation. Understandings and beliefs about

5429-403: The project "dealt heavily with the rhetoric of death", such as Leavitt's "over my dead body" comment and Orrin Hatch stating it was "dead on arrival". Other opposition tended to focus on "death" and "cancer" when discussing risks. In a journal article described elsewhere as "the first comprehensive synthesis of the narratives employed by proponents of a nuclear site", Jennifer A. Peeples described

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5518-458: The project on September 6, 2006, in a record of decision, usurping the lower BIA's review. The rail line spur was also denied by DOI. With the rejection of the lease, Orrin Hatch said "We just wanted to put a spike right through the heart of this project and this does it". The two RODs were described as "curious documents", clearly "based more heavily in politics than "reasoned decisionmaking". In July 2007, Skull Valley Band and PFS filed

5607-459: The project's application and legal by then. In an October 2013 letter acknowledging a Fiscal Year 2013 exemption from annual license fees on the unused storage license, Palmberg indicated that PFS would like to keep their license open if the 2014 fee exemption was allowed. A formal request for withdrawal of termination was made in 2014, apparently after the exemptions were granted. PFS, pursuant to program applications in 1996, 2001, and 2006,

5696-461: The project) to impress "with credentials rather than data". Proponents made arguments against Utah that were framed in political motivations, such as indicating that Gov. Leavitt's concern was with reelection, not the project itself. This was reinforced by ennobling Leon Bear as having the best interests of the tribe at heart. Aligning proponents with ennobled scientists legitimizes their arguments. In contrast, opponents vilified Leon Bear, disputing

5785-506: The project, and by August 1993 two were in negotiations: the Mescalero tribe's Mescalero Apache Indian Reservation in New Mexico and the Goshute tribe's Skull Valley Indian Reservation in Utah. The ONWN was defunded in late 1993 and expired in 1995. The Skull Valley band applied for grants created by the 1987 program and by 1990. The first round of grants, approximately $ 100,000, funded

5874-565: The proposal) and Jon M. Huntsman Jr. , and Salt Lake City mayor Rocky Anderson . The conflict and concerns reached the front page of the New York Times in 1998. Legal protection under the Price–Anderson Nuclear Industries Indemnity Act , even for private operation on Indian lands, was settled with 1999's El Paso Natural Gas Co. v. Neztsosie , which noted Price-Anderson's "unmistakable preference for

5963-510: The relative wealth of the Mescalero compared to the Skull Valley band raised the question if consent could be freely given by the band. Targeting Skull Valley for waste can be seen as part of an ongoing failure of exploitation and environmental justice . On the other hand, the band spent years learning about the risks, the Mescaleros were able to decline, which could make second-guessing the band's decision as racism and paternalism. Opposition to

6052-488: The site from Metro Waste in 2008. Waste Management disclosed an EPA violation of a missing initial capacity report and permit application in March 2008; no penalty was assessed, given the circumstances. 40°22′08″N 112°46′05″W  /  40.369°N 112.768°W  / 40.369; -112.768 Rocket engine test facility A rocket engine test facility is a location where rocket engines may be tested on

6141-457: The spent fuel storage, and the Blackbears had been elected. BIA continued to support the Bear leadership, which continued to support the PFS project. Bullcreek indicated Bear had begun to receive payments from PFS in 1996, then signed the lease and received BIA approval. Blackbear alleged that Leon Bear had made "extraordinary purchases" for personal use and also did not allocate PFS project money to

6230-449: The stand some minimum distance from inhabited areas or other critical facilities, placing the stand behind a thick concrete blast wall or earthen berm , and using some form of inerting system (either gaseous nitrogen or helium) to eliminate the buildup of explosive mixtures. The advantage of altitude testing is to obtain a better simulation of the rocket's operating environment. Air pressure decreases with increasing altitude. Effects of

6319-462: The state had overstated their case, and it was ruled in PFS's favor. The state laws were struck down in 2002 over federal preemption, and it was upheld in a 2004 Tenth Circuit appeals court. By 2003 the NRC application process was still ongoing. Representative Rob Bishop , along with Cannon and Matheson, sponsored a successful amendment (Amendment 383) to the 2006 National Defense Authorization Act to create

6408-520: The three commissioners, Gregory Jaczko , dissenting. NRC accepted PFS's calculations of 0.74*10^-6 for a military plane crash resulting in a cask failure. Several objections noted Utah had "waived the right" to arguments because they failed to bring them up in a timely manner (such as the 15 previous hearings). Another ruling referred to Utah's continued objection ('Contention UU') as a "thinly-supported new contention". Ultimately, Utah's concerns (125 specific contentions) were struck down in court, finding

6497-470: The tribe by 1995. Bear shaped tribal decisions by attaching tribal money to them, in contrast to the previously equal distribution of funds. For instance, the tribe's 1998 Christmas bonuses were tied to acceptance of the PFS project and would result in $ 6000 bonuses for supporters and $ 400 bonuses for those against PFS. In 2000 a tribe member stated "everyone who supports the facility has a new truck—if you don’t support Leon, you don’t have anything", showing

6586-623: The tribe filed for the record to be reopened in January 2004, but the NRC chose not to intervene, stating the "concerns are very serious, but they belong in another forum, not an NRC licensing proceeding." Despite the indictments, the Salt Lake Tribune described the tribe as being "in meltdown" by late 2006, with their Salt Lake development office locked and mail piling up. Vice Chairman Lori Bear, Lawrence Bear's daughter, resigned in August stating she

6675-459: The tribe to the NRC. The Department of the Interior (DOI), Bureau of Indian Affairs , and Bureau of Land Management blocked parts of the plan- for instance, DOI denied the right-of-way required for transportation to the project because it was against the public interest. The Interior Department's objections were struck down in court as "arbitrary and capricious" in 2010. Six parties, including

6764-489: The tribe. The following day, as part of a NRC ASLPB investigation, Leon Bear and John Donnell (PFS project member working for Stone & Webster ) were deposed. The transcript was then released on 17 May 2001 in redacted form after a protective order was granted. Bear noted there were 112 people enrolled in the tribe, and "about 15" lived on the reservation. No members of the tribe were employed at Tekoi, compared with several in 1995. Donnell indicated he believed Bear to be

6853-408: The willing sites was reduced to Indian reservations that had the tribal sovereignty to host spent fuel, as counties were described by Leroy as having "angry mobs" opposed to it. This was considered "particularly reprehensible from an ethical standpoint because of the long and often destructive history of Indian involvement in U.S. nuclear programs." By March 1993 only four tribes remained interested in

6942-606: Was "tired of working with a 'king' and forced to sign blank checks", and the tribe voted to shut down the executive committee. The band failed to reach a quorum, which meant Leon Bear was still the leader, and he described himself as "chief for life at this point" to Reuters. Noting the lack of government, the BIA said they may step in. Other groups that opposed it included Public Citizen , who noted heavy lobbying from PFS through McClure, Gerard & Neuenschwander , led in part by former Idaho Senator James A. McClure , as well as lobbying by

7031-511: Was a one in one million (1*10^-6) probability of an aviation accident occurring per year. PFS attempted to add a fifth factor to the standard NUREG-0800 3.5.1.6-3 four-factor airway calculation, further reducing the odds by the likelihood that a pilot could recognize and steer away from a dangerous crash site, initially discussed as being an 85.5% reduction. Ultimately NRC calculated a higher probability above four in one million (4.29*10^-6), compared with PFS's calculation of 2*10^-8. The possibility of

7120-486: Was created by presidential memorandum in 2010 and a report was issued in December 2012, discussing nuclear waste especially after the termination of the Yucca Mountain project. Changes were also made to the Waste Confidence Rule in 2010, requiring nuclear power plant operators and others to have confidence in the ability to dispose of spent nuclear fuel. Since a private temporary storage site would not cause title to

7209-424: Was given in a dispassionate, pragmatic, and scientific tone; even references to the fuel storage facility rarely mentioned the humans working there. Proponents in the community framed their arguments in terms of morality, equity, and economic justice (financial restitution through the PFS money) and emotional attacks against opponents, or constructing rationale why opponents argued against the project, including blaming

7298-541: Was initially submitted to the Nuclear Regulatory Commission in 1997 by PFS's Chairman of the Board John D. Parkyn. The initial application stated there were zero facilities within a ten-mile radius; by 2002, applications indicated the Goshute village, two ranches, and the Tekoi solid fuel rocket testing facility were noted as being within five miles. By 2002, however, Tekoi was no longer in operation. Shaw Pittman represented

7387-511: Was not needed. Utah filed a similar complaint in 2002, which was rejected by the commission two months later. By 2000, however, the Tooele County was on board with PFS; the commissioners, Teryl Hunsaker and Gary Griffith, spoke about the economic boost to the county. Gov Leavitt stated the county had been bought off. Griffith, however, lost his commission seat later that year to a critic of PFS, Gene White. Beginning in 2001, Utah also passed

7476-847: Was organized in 1996 the number was reduced to eight, being Xcel/Northern, Southern Nuclear , Genoa FuelTech , Southern California Edison , Entergy (via ConEd ), American Electric Power (via Indiana-Michigan Power), Florida Power and Light , and FirstEnergy . Boston Edison withdrew in 1997 after citizen objections, and Illinois Power sold its share to Florida Power in 2000. Wisconsin Electric and Pacific Gas and Electric Company (PG&E) also withdrew. General Public Utilities had merged with Xcel Energy. The Private Fuel Storage project would have stored approximately 44,000 metric tons (43,000 long tons) of spent fuel in 4000 Holtec International dry casks on 98 acres (40 ha) of Goshute land. The fuel would have come from over 100 power plants in

7565-810: Was previously tested and flown on the Peacekeeper 's SR120 second stage. Tekoi was a listed SLBM inspectable site for the START nuclear arms-reduction treaty with Russia, covering the Trident II SLBM (Submarine launched ballistic missile). Hercules Aerospace was purchased by Alliant Techsystems in 1995; Alliant tested the Delta III motor at Tekoi in the late 1990s. In 2001, Alliant purchased Thiokol and transferred remaining testing to their Promontory, Utah facility; Alliant became Orbital ATK in 2015, which became Northrop Grumman Innovation Systems in 2018, which became

7654-434: Was racist, which then makes any decisions by him tainted, making the proponents portray themselves as standing against racism. The framework of environmental justice and environmental racism is argued as too simplistic or part of a "oversimplified dichotomy" in cases like this, which also involve procedural justice , restorative justice , tribal identity politics , various definitions of sovereignty, self-determination,

7743-431: Was required to make biannual NRC Quality Assurance Program filings. Those were made in 2017 Decisions surrounding nuclear waste siting by the tribes, especially Mescalaro and Goshutes, brought up issues of tribal sovereignty , economic exploitation , forcing Western democracy on tribes, and cultural imperialism . Expecting a tribe to 'volunteer' to handle the waste was described as a "modern Hobson's choice ". Further,

7832-423: Was still optimistic about the project. PFS and NRC's staff appealed the commission's ruling a few weeks later. The board reevaluated of the crash likelihood and factored in only crashes that would result in breaching the dry cask, including delving into minutae like ductility ratios of buildings versus casks. NRC ruled in PFS's favor, then again in PFS's favor during an appeal from Utah in 2005, though with one of

7921-431: Was to store it above-ground in dry casks on the Goshute 's Skull Valley Indian Reservation , Tooele County, Utah . It was withdrawn in 2012. The Department of Energy took responsibility for the disposal of spent nuclear fuel (SNF) in the Nuclear Waste Policy Act of 1982 (NWPA). A temporary Monitored Retrievable Storage (MRS) program was expected to be used alongside a geological storage (permanent) program. Eventually

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