In The Matter Of Louisiana Energy Services, L.P.

45 NRC 367 (1997)

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Nature of the Case

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Facts

On February 11, 1994, the President issued Executive Order 12898, designed “to focus Federal attention on the environmental and human health conditions in minority and low-income communities with the goal of achieving environmental justice” and “to promote nondiscrimination in Federal programs substantially affecting human health and the environment.” There are two aspects to environmental justice: first, each agency is required to identify and address disproportionately high and adverse health or environmental effects on minority and low-income populations in its programs, policies, and activities; and second, each agency must ensure that its programs, policies, and activities that substantially affect human health or the environment do not have the effect of subjecting persons and populations to discrimination because of their race, color, or national origin. This Final Initial Decision addresses the contention filed by the Intervenor, Citizens Against Nuclear Trash (“CANT”), in this combined construction permit-operating license proceeding. Louisiana Energy Services, L.P. (“LES”), seeks a 30-year materials license to possess and use byproduct, source, and special nuclear material in order to enrich uranium using a gas centrifuge process. It plans to build on a 442-acre site in Claiborne Parish, Louisiana, that is immediately adjacent to and between the unincorporated African-American communities of Center Springs and Forest Grove, some 5 miles from the town of Homer, Louisiana. The populations of Forest Grove and Center Springs are about 97% African American. Many of the residents are descendants of the original settlers, and a large portion of the landholdings remain with the same families that founded the communities. The Intervenor's contention essentially asserts that the negative economic and sociological impacts of closing Parish Road 39 connecting the minority communities to make way for the plant and placing the facility in the midst of a rural black community of over 150 families have not been appropriately considered.