Ellen L. Watson
Roy F. Weston, Inc.

Over the next decade and beyond, significant quantities of radioactive waste will be transported across the United States in order to place it in safe storage and/or disposal. This waste includes transuranic waste generated as part of research and nuclear weapons production by the U.S. Department of Energy that are destined for disposal in the Waste Isolation Pilot Plant (WIPP) in southeastern New Mexico and high level waste from commercial power plants headed for storage and likely disposal in Nevada. Anti-nuclear organizations have promised civil disobedience and other non-violent protests of these shipments.

Radioactive waste shippers should anticipate that the shipments will reach their desired destinations, but must be aware that protests will likely occur. This paper addresses how to plan for and manage the inherent conflicts between transporters of radioactive waste and anti-nuclear protesters, and minimize the impacts, such as higher transportation costs, missed deadlines, and negative public reactions, resulting from these conflicts.

The first step in dealing with conflict is to understand the objectives and motivations of the parties involved. Secondly, consider negotiating with demonstrators and law enforcement groups to set common goals and ground rules as a possible way to minimize the conflict. If negotiation is not successful in assuring safe, incident-free transport of the waste, transportation plans must anticipate the potential negative outcomes of protests. The paper uses the March 1997 protests surrounding the shipment of six casks of radioactive waste in Gorleben, Germany, as an example of a "worst case scenario" of what could be expected for upcoming radioactive waste shipments in the United States.

While this paper does not offer a panacea for this conflict, it offers approaches for planning nuclear waste shipments to facilitate transportation activities and minimize negative impacts.

For more than 50 years, significant quantities of radioactive waste have been generated from the research and production of nuclear weapons. Radioactive waste has also been accumulating for decades at nuclear power plants across the United States. Over the next decade and beyond, significant quantities of this radioactive waste will be transported across the United States in order to place it in safe storage and/or disposal. These wastes include transuranic waste generated under U.S. Department of Energy operations that are destined for the Waste Isolation Pilot Plant (WIPP) in southeastern New Mexico and high level waste from commercial power plants headed for storage and possibly disposal in Nevada.

In order to respond to demonstrations, it is important to understand the mindset of the protesters. The mention of radioactivity is often met with fear by many Americans. All radioactive materials and waste are perceived by demonstrators as deadly. As a consequence, many react with fear and opposition to any use or transportation of radioactive materials. As a consequence, numerous citizen organizations have promised civil disobedience and other non-violent protests of planned radioactive waste shipments to the WIPP and to Nevada.

Response to demonstrations falls under the authority of state and local law enforcement and public safety departments. Negative publicity over response to demonstrations, however, will likely fall primarily upon the organization responsible for generating and shipping radioactive waste, particularly if the public perceives that the response is mishandled. The shipping organization must therefore ensure public safety and the safety of the radioactive waste shipments by setting the tone, developing a thoughtful approach, and providing leadership in achieving consistency as different jurisdictions respond to demonstrations.

Following is a description of a protest of a nuclear waste shipment in Germany one year ago. This could be considered a worst-case scenario for demonstrations associated with shipments of radioactive wastes in the United States.

In early March 1997, a shipment of 6 casks of radioactive waste traveled by rail and truck a few hundred miles from southern Germany to Gorleben in northern Germany for storage. This waste was comprised of spent nuclear fuel from the French reprocessing plant in La Hague and from German nuclear power stations.^a Over the course of four days, 10,000 protesters clashed with 30,000 police at a cost of about $100 million.^b Some of the tactics used by protesters were: chaining 80 tractors together to blockade the road, cementing themselves to the railroad tracks, use of children to block railroad tracks, tunneling under the roads along the route to undermine their integrity, and erecting barriers in the road and setting them on fire. While training in non-violent civil disobedience was offered, some protesters elected to use violence by attacking police with stones and Molotov cocktails. Reports by protesters following the "siege" at Gorleben indicate that they did not initiate the violence, but incited police to strike the first blow. Police attempted to disperse crowds with water cannons which resulted in a number of injuries.

While violent demonstrations of this sort are not necessarily anticipated in this country, it is believed that American protest groups are aware of the activities at Gorleben and may try to repeat some of the German demonstrators' tactics. It is possible, however for the violent and costly outcome of the Gorleben shipment to be averted here in the United States, through careful planning prior to shipping wastes.

Anti-nuclear demonstrations in the United States have historically been well organized and based on the principles of civil disobedience. While most protest organizations support non-violent demonstrations, some demonstrators may turn violent or may provoke police to strike the first blow. Some organizations encourage their members to get arrested during demonstrations to both clog the courts and legal system and to generate publicity. Demonstration plans often include descriptions of how to get arrested, what to do if arrested, and assign responsibilities to

those not being arrested to care for children and personal belongings of those arrested. Demonstrators want extensive press coverage, with a focus on embarrassing the government and making demonstrators appear to be martyrs or victims.

The primary goals and expected outcomes of a radioactive waste shipment should include:

• To ensure safety - that there are no injuries, damage to the shipment, or radioactive releases
• To successfully complete the shipping initiative
• To recognize that citizens have a right to demonstrate and express their opinions
• To minimize negative publicity about the shipment
• To ensure that the costs of the shipment are not excessive

The first step in dealing with conflict is to understand the objectives and motivations of the parties involved. Secondly, coordination between all of the organizations involved may be possible through negotiating common goals and ground rules. If negotiation is not successful in assuring safe, incident-free transport of the waste, transportation planners must anticipate the potential negative outcomes of protests and plan how to meet their objectives.

Potential agencies/demonstrators anticipated to be some way involved in a demonstration event include:

• agency that generated the waste
• agency responsible for transport
• waste transporters (truck, rail)
• law enforcement agencies (state, county, local, tribal)
• protest organizations (international, national, local/grassroots)

Anti-nuclear activists are highly informed. They are aware of exactly how many drums and shipments of waste are planned from each DOE location to the WIPP and from each nuclear power plant to Nevada. These activists know the types and weights of transportation vessels, and have developed models to predict the number of accidents over the life of radioactive waste shipments to Yucca Mountain in Nevada. To these activists, demonstrations are political statements. They believe that they are morally right in any attempt to save the earth from "nuclear destruction."

To respond appropriately to demonstrations, it is helpful to understand the specific goals and objectives of the demonstrators. I have attended numerous public hearings about the WIPP site to identify the objectives and concerns of those opposed to this facility. Some of the objectives that have been set forth in public hearings as well as in newspaper articles, and publicity materials include:

• To eliminate the use of radioactive materials and the generation of radioactive waste worldwide
• To prevent disposal of transuranic waste in the WIPP; some say preventing disposal will inhibit the generation of more radioactive waste
• To push for storage at generating sites until a better solution (i.e., one that meets with the approval of citizen groups) for treatment and/or disposal of radioactive waste is discovered
• To get press attention and generate negative publicity about the DOE shipments
• To raise the cost of radioactive waste transportation so high that disposal of waste in the WIPP will not be an economical alternative
• To position public opinion generally against DOE nuclear waste management programs and activities
• To stop shipments of transuranic waste, thereby eliminating the potential for any transportation incidents or releases of radioactivity.

One advocacy group, the Environmental Policy Task Force,^c provides five reasons for sponsoring a demonstration:

1. A well-organized demonstration can attract media attention. This attention can educate the public about your point-of-view, indirectly pressures public officials and increases the name identification of your group. This, in turn, enhances your ability to acquire media attention in the future.
2. A demonstration shows the public that a substantial number of their fellow citizens care strongly about a particular issue. Americans love to be on the winning side, so you'll sway many people to your view just by pointing out, or implicitly making it appear that your view is more popular.
3. Demonstrations are great recruitment tools. By organizing such an event, others will be alerted to your group's existence and will seek you out to volunteer for your next project.
4. A demonstration increases the morale of your group. By working together on a successful event, you will improve the morale of your members and increase the likelihood that they will want to work together on future projects.
5. A demonstration will help you build your contact base.

This guide goes on to encourage use of photo opportunities and scooping the opposition by sponsoring newsworthy activities a day before the demonstration.

Ground rules should be consistent with the objectives and expected outcomes of the transportation campaign (e.g., safety). If possible, the ground rules should be mutually agreed-upon by law enforcement agencies and anticipated demonstrator organizations. While establishment and discussion of ground rules with protest organizations will not likely pre-empt demonstrations, they provide guidance to all parties involved on how response to the demonstrations will be handled and how to ensure safety.

The ground rules will specify how each responsible agency will respond to demonstration activities. For example, one essential ground rule is to practice mutual respect. In addition, the way demonstrators are approached by law enforcement personnel may influence the response by demonstrators. If, for example, police wearing riot gear approach peaceful demonstrators, it may anger and incite the protesters. A plan to deal with demonstrators prepared by one agency referred to arrested demonstrators as "prisoners". This term conjures up an image of hardened criminals. With this kind of language in the security plan, law enforcement officers might enter a demonstration with the image of criminals in their mind and treat protesters accordingly. This would also likely incite the demonstrators to potential violence. Ground rules should also spell out that any demonstrator who breaks a law is subject to arrest.

While law enforcement agencies have jurisdiction over the demonstrations, it may be possible to work with them to ensure that demonstrations remain peaceful and that transportation objectives are met. Consider requesting that law enforcement agencies develop an arrest strategy. This strategy would outline exactly which activities would instigate the arrest of protesters. This strategy might also include a specified waiting period between the time that demonstrators are asked to move and when arrests are initiated.

Request anticipated demonstration organizations to participate in the development and review of the ground rules. While it is not at all likely that these organizations will be dissuaded from protesting, including them in the process may gain some measure of cooperation and thus minimize violent reaction to radioactive waste shipments.

Attempting to change protesters' point of view about transportation and disposal of radioactive waste is not likely to be successful, as anti-nuclear activists come from a different frame of reference, as noted in the discussion about their objectives. This is also illustrated by a comment by futurologist Robert Jungk in reference to the Gorleben protest that the use of nuclear energy is directly connected to reduction of civil rights and the reduction of democracy.^d

• Transportation personnel coordinate with states and other relevant agencies on the locations of shipments and anticipated arrival in specified locations, and provide any updates regarding delays, etc.
• State law enforcement agencies will coordinate among different jurisdictions within their states in responding to demonstrations
• Local law enforcement agencies will provide information on arrests, injuries, etc. to state agencies and transporting organizations.
• Local law enforcement agencies will relay to the state police and the transporting organization any problems associated with demonstrations that might delay the shipment or require additional law enforcement personnel.

The largest demonstrations are likely to occur at the origin of the shipment, in an attempt to stop the shipment altogether; at population centers along route, where the focus will be public safety as the "deadly" cargo is transported through; and at the shipment's destination, in a final attempt to keep the shipment from reaching the storage or disposal facility. Efforts to coordinate response to demonstrations should be focused in these locations.

Some communities may require that radioactive waste shipments travel through their areas at night to avoid traffic and lower the probability of an accident. It may be perceived that there will be no protests at night. However, nighttime demonstrations may be held by highly motivated and zealous demonstrators, without dilution by more moderate demonstrators who might only participate in a daytime demonstration.

• Implement demonstration response plans and coordinate with public affairs/media relations personnel
• Coordinate all aspects of the waste shipments
• Communicate with the media and stakeholders before the first shipment, along the route, and in the event of any unusual occurrences.
• Coordinate with emergency response personnel if it becomes necessary to activate them as a result of a demonstration.

• State, county, local, and tribal law enforcement agencies will enforce laws along the shipping routes to ensure that people are not hurt and that the shipment is not obstructed.
• State, county, local, and tribal law enforcement agencies maintain the authority to arrest, detain, and transport protesters.

Media representatives may follow shipments along the route, giving particular coverage at the originating site and at population centers along the way. Arrange for public affairs or media relations staff to be available to speak with the media at these locations and provide prepared statements to the media at the beginning and end of the route. Other publicity related activities include:

• Issuing press releases and project informational materials
• Arranging interviews with news organizations along the shipping route prior to and during the shipment.
• Maintaining contact with local and national newspapers, radio and television stations, and wire services, as well as with state agencies and citizen organizations.

If the shipping routes and schedules have been made public, make sure to issue press releases along the way. In particular, if there is an incident, press releases and interviews with the press will help to balance out any negative press being generated by the demonstrators.

Media relations personnel should be prepared to respond to press inquiries and to issue press releases if demonstrations become violent and if any injuries occur.

Evaluation of the shipment and response to demonstrations is essential for multi-shipment campaigns such as DOE waste shipments to the WIPP and pending shipments of high level waste from power plants to Nevada. The involved organizations should evaluate response to demonstration activities and any resulting media attention during the first shipments to determine if the objectives of the shipping campaign were met. This evaluation should include recommendations for any modifying the response to demonstrations during future radioactive waste shipments.

It is not likely that citizen's fears over radioactive hazards can ever be completely eliminated. However, understanding the perspective of anti-nuclear activists and meeting with and negotiating ground rules with the primary organizations involved in the transportation of radioactive waste, including citizen organizations and law enforcement personnel prior to transporting waste may help to temper the inherent conflicts between protesters and radioactive waste generators and transporters, and assist in meeting transportation objectives.