***************************************************************** 01/15/04 **** RADIATION BULLETIN(RADBULL) **** VOL 12.12 ***************************************************************** RADBULL IS PRODUCED BY THE ABALONE ALLIANCE CLEARINGHOUSE ***************************************************************** Send News Stories to news@energy-net.org with title on subject line and first line of body NUCLEAR POLICY 1 War Wire: France urges Iran to live up to nuclear commitments 2 Korea Herald: Foreign minister resigns over U.S. policy flop 3 BBC: North Korea sends nuclear warning 4 Korea Herald: [EDITORIAL]Foreign minister's resignation 5 US: Las Vegas SUN: Ensign says he won't vote to stop energy filibust 6 US: Austin Chronicle: Politics: Nuclear Posturing 7 US: Austin Chronicle: Politics: Nukes Are Back! 8 NUCLEAR TREATIES by Carol Wolman; Libya ratifies Comprehensive 9 deepikaglobal: Russia delivered 200 tons of uranium to US over 10 ye NUCLEAR REACTORS 10 US: SD Union-Trib: Onofre reactor barred from Argentine waters 11 US: News-Mesenger: NRC to hold meeting to discuss D-B - 12 ITAR-TASS: Power unit of Balakovo NPS shut down due to malfunction 13 SOFIA: World Energy Giants Eye Bulgarian N-Plant Belene 14 US: NRC: NRC Oversight Panel to Meet on January 21 with Davis-Besse 15 CBC - New Brunswick: Lepreau waits for gov't approval 16 US: NRC: Agency Information Collection Activities: Proposed Collecti NUCLEAR SAFETY 17 Guardian Unlimited: Source of Rotterdam 18 ic Berkshire: Incinerators will create 'hell on earth' say GPs NUCLEAR FUEL CYCLE 19 [NukeNet] Judges Appear To Side With Opponents Of Yucca Mt. 20 Las Vegas RJ: FEDERAL COURT HEARING: Yucca foes gain hope 21 Tri-City Herald: Framatome plans waste lagoon, soil removal 22 Las Vegas SUN: Editorial: Forced to turn to the courts 23 Las Vegas SUN: No knockout on Yucca 24 RGJ: Court hears Nevada’s case against nuclear waste dump 25 US: AP Wire: Hearing on Duke's MOX fuel plans continues 26 Washington Post: Court Hears Arguments Over Nuclear Waste Dump 27 UK Independent: Ministers used nuclear rescue to 'cripple' British E 28 Las Vegas SUN: Yucca Mountain workers sought for lung disease screen 29 Public Citizen: Statement by the Plaintiffs in the Case Against 30 KLAS: Sierra Club Holds Yucca Mtn. Luncheon 31 KLAS: Local Yucca Mountain Fight Continues 32 canada.com: Feds warm up to uranium clean-up 33 Irish Examiner: Irish MEP calls for Sellafield probe 34 Whitehaven News: FRESH FEARS OF NEW NUCLEAR REPOSITORY NUCLEAR WEAPONS US DEPT. OF ENERGY 35 [NukeNet] US EPA, Others to DOE: Risk-Based End States Vision 36 TriCity Herald: Group says Hanford sublease is stagnant 37 Knox News: Y-12 vulnerable to terrorism, watchdog group warns 38 Knox News: No changes yet at DOE, TVA 39 Oak Ridger: DOE public hearing tonight 40 WATE: Watchdog Agency Calls Y-12 Plant Vulnerable to Terrorists 41 NewsChannel 6: how will USEC finance their new facility? OTHER NUCLEAR 42 Google News Alert - nuclear 43 War Wire: Japanese minister draws blank in Moscow talks on nuclear f 44 War Wire: Canada withdraws from nuclear fusion project ***************************************************************** ***************************************************************** FULL NEWS STORIES ***************************************************************** ***************************************************************** 1 War Wire: France urges Iran to live up to nuclear commitments WAR.WIRE PARIS (AFP) Jan 14, 2004 French President Jacques Chirac late Wednesday urged Iran to fully apply its nuclear non-proliferation commitments and create a "new future" in French-Iranian relations. The call came during talks here with one of Iran's most senior leaders Hasan Rohani which lasted just over an hour. Chirac said that "France noted with satisfaction decisions taken by Iran on the nuclear issue," the president's spokeswoman Catherine Colonna said. "He underlined that it was now necessary to continue on this track and implement fully the commitments taken," she added. "We would like a new future for relations between France and Iran and to reinforce political, economic and cultural relations," she quoted Chirac as saying. Rohani, who heads Iran's national security council, made no statement after the meeting. The Iranian official who arrived in Paris late Tuesday is due to meet France's Foreign Minister Dominique de Villepin on Friday. He led negotiations between Iran, the European Union and the UN's nuclear watchdog, the International Atomic Energy Agency, at the end of last year which led to Tehran signing the additional protocol to the nuclear Non-Proliferation Treaty last month. The United States accused Iran of secretly working to manufacture highly enriched uranium, which can be used to make atomic bombs. Tehran has categorically denied the claims. WAR.WIRE ***************************************************************** 2 Korea Herald: Foreign minister resigns over U.S. policy flop 2004.01.15 Foreign Minister Yoon Young-kwan resigned yesterday days after it came to light that some of his staff had criticized President Roh Moo-hyun's policy toward the United States. The presidential office did not disclose when a successor to Yoon Young-Kwan would be named. "President Roh has accepted the resignation tendered by Foreign Minister Yoon," Roh's personnel adviser Jeong Chan-yong said in a news briefing. Yoon's resignation came one day after Roh reprimanded some diplomats for criticism of his U.S. policy. He said then he would make changes. Jeong indicated the president might have accepted Yoon's resignation as he blames him for failing to supervise properly his ministry officials. "Foreign Ministry officials have failed to effectively implement the independent foreign policy direction of the Participatory Government," Jeong said. The presidential adviser also chastised ministry officials for leaking classified information on the government's U.S. diplomacy to news media. "Furthermore, they also swayed the discipline in the officialdom by leaking the information on the probe of the incident by Cheong Wa Dae," Jeong said. ***************************************************************** 3 BBC: North Korea sends nuclear warning Last Updated: Thursday, 15 January, 2004 [North Korean spent nuclear fuel rods in Yongbyon] The visitors were told all the spent rods had been reprocessed Pyongyang has reportedly told the US to make a deal or North Korea will spend the interim developing nuclear arms. The warning was delivered to an unofficial team from the United States visiting the Yongbyon nuclear reactor. "Time is not on the US side," a member of team, Charles "Jack" Pritchard, says he was told. But the former US state department official said there was no way to verify North Korean claims of advances in its "nuclear deterrent". Mr Pritchard's comments are the first lengthy public statements by any of the five men who were taken to visit North Korea's secret nuclear complex earlier this month. While the visit was deemed "unofficial", team members have close links to the US Government and the move was seen as significant. The US believes North Korea is likely to have one or two nuclear weapons and may be trying to develop more. Washington, in concert with a number of Asian powers, wants to stop the development of what Pyongyang calls a "deterrent". They are also trying to prevent the possibility of weapons or technology being exported. Both sides say they want a solution but six-party talks launched last year have not resumed. Rods 'reprocessed' The US experts spent several days in North Korea and visited Yongbyon, the first foreigners to do so since UN inspectors were thrown out and the plant reactivated over a year ago. [Former US official Charles 'Jack' Pritchard in Beijing] Charles "Jack" Pritchard held official talks with North Korea in 2002 Mr Pritchard said he was told by the Vice-Foreign Minister, Kim Kye-gwan: "Time is not on the US side. Lapses of time will result in quantitative and qualitative increases in our nuclear deterrent." Mr Pritchard, addressing an audience at the Brookings Institution in Washington, said the team was shown an empty holding pond where 8,000 spent nuclear fuel rods had once been kept. He said he was told all the rods had been reprocessed, allowing scientists to make plutonium bombs, but said he had no way to verify the claims. Other members of the team, such as the former head of the US nuclear laboratory at Los Alamos, might be able to make better technical assessments, he said. Mr Pritchard, part of an official state department visit to Pyongyang in October 2002, said he also still believed US intelligence that North Korea had a second nuclear programme involving enriched uranium, though his hosts told him that was not true. ***************************************************************** 4 Korea Herald: [EDITORIAL]Foreign minister's resignation 2004.01.16 President Roh's decision to accept Foreign Minister Yoon Young-kwan's resignation in connection with the reportedly challenging remarks made by some of his aides about the president's U.S. policy looks emotional and amateurish at best. The president has created more problems overnight by letting his top diplomat go, instead of just ending the controversy surrounding the discord among Foreign Ministry officials and the National Security Council. Roh himself made an inappropriate statement about the allegedly teetering coordination between the two institutions during his New Year news conference Wednesday. He said he would reshuffle those officials at the Foreign Ministry to discipline them for "leaking information in an attempt to reverse the president's policy toward the United States and making inappropriate and intolerable remarks about his policy." Instead of accusing them in public, the president should have tried to reduce differences between the officials in the diplomatic service and his advisors at the NSC. He should have made efforts to address the disputes among the so-called "pro-American" career diplomats and the "independent-minded" presidential advisors, before their conflicting positions developed into such a serious issue as to derail the nation's foreign policy. The president revealed his emotion when he was asked to comment about the disputes during his news conference; this was not becoming of the nation's top leader. His statement that "the president is elected with a mandate to push his own policy and the bureaucrats are obliged to support him" left room for debate on the presidential mandate and the obligations of the bureaucracy. Instead, the president could have responded more maturely by discussing the reason why there were wide gaps between the views of the career foreign service officials and his advisors, who are mostly young academics. Removing the foreign minister the next day was a rash move that shocked many people. Now the presidential office has to tell the nation exactly what happened and who said what to whom to compel the president to make such a decision. Frequent changes of diplomats, not to mention the foreign minister, do not help the foreign relations of a small country like Korea. Moreover, this is not the time to replace the top diplomat, given the paramount issues at hand, including North Korea's nuclear arms and volatile regional politics. The president will have to be extraordinarily careful in appointing his next foreign minister and must keep in mind that the world is watching his next move. ***************************************************************** 5 Las Vegas SUN: Ensign says he won't vote to stop energy filibuster By Launce Rake LAS VEGAS SUN Sen. John Ensign will not support a vote to end a promised filibuster on the Energy Bill, a blow to Republican efforts to pass the controversial bill. A group of environmentalists said they met with Nevada's Republican senator Tuesday and Ensign said he would support them in their effort to keep the filibuster alive. And Ensign's spokesman confirmed to the Sun late Tuesday that Ensign would not vote to kill the filibuster. In November, Ensign had voted in a motion called cloture to end the filibuster, although he had promised to vote against the final bill. Republicans have enough votes in the both the House and Senate to pass the bill. However, the filibuster, conducted by among others Sen. Harry Reid, Ensign's Democratic opposite number, kept the bill from the floor, and the bill's backers failed to end the filibuster by two votes. The filibuster killed the bill in the Senate, but Republican congressional leaders have vowed to return to the measure early this year. Supporters, including Reps. Jon Porter and Jim Gibbons, both Nevada Republicans, argue that the bill promotes alternative energy development, especially in states such as Nevada that have an abundance of potential renewable energy from geothermal or solar sources. Environmentalists have sharply criticized the bill as a pork-laden measure, created behind closed doors by Vice President Dick Cheney and industry executives, heavy with subsidies for petrochemical concerns and the nuclear energy industry. Development of subsidized nuclear energy would make the Yucca Mountain nuclear waste dump more likely, environmentalists in Nevada fear. Three Sierra Club and a National Wildlife Federation activists met with Ensign. They reported that the senator said he would oppose a motion for cloture and would support any legislative strategies to defeat the bill. "I definitely feel we got a strong commitment from Senator Ensign today," said J.J. Straight, a Sierra Club conservation organizer working in Las Vegas. "We feel he really is concerned and we applaud the commitment he made today to Nevada." Straight said he cited his concerns as a fiscal conservative for the bill and its support for ethanol production as well as its support for the nuclear industry. Jack Finn, Ensign's spokesman, said the senator told the Bush administration he would give them one vote for cloture, one time, during November's debate. "From now on he is going to oppose the Energy Bill in any way he can, including the vote for cloture," Finn said. He said Ensign has not taken heat from the Republican leadership for the stance. "He is well known among members of leadership for voting his conscience." ***************************************************************** 6 Austin Chronicle: Politics: Nuclear Posturing HOME: JANUARY 16, 2004: NEWS: NUCLEAR POSTURING BY MICHAEL KING The Bush administration's "Nuclear Posture Review," a Defense Department analysis of the U.S. nuclear weapons arsenal incorporated into a proposal for congressional funding, was officially released in January 2002, when it was presented to Congress. Attention has focused on the review's call for "tactical" nuclear weapons, sometimes called "mininukes" or "bunker-busters" -- but in doing so, the document also addresses "production infrastructure," including the planning for additional nuclear testing. A few excerpts follow; a more complete version and other related information are available at the Web site of the Western States Legal Foundation, which monitors nuclear policy: www.wslfweb.org/nukes/npr.htm. The Current U.S. Nuclear Warhead Infrastructure: Underinvestment in the infrastructure -- in particular the production complex -- has increased the risks that if substantial problems in the stockpile are discovered, future options to refurbish or replace existing designs will be limited. For example, although an interim pit production capability will be established later in this decade, no current capability exists to build and certify plutonium pits, certain secondary components, or complete warheads. ... The need is clear for a revitalized nuclear weapons complex that will: ... be able, if directed, to design, develop, manufacture, and certify new warheads in response to new national requirements; and maintain readiness to resume underground nuclear testing if required. Restoring Production Infrastructure Warhead Assembly and Disassembly: ... Plans are under way to expand the capacity and capability of the Pantex Plant to meet the planned workload for dismantlement and remanufacturing of existing weapons. ... Uranium Operations: At least seven to eight years of effort will be required to restore the capability to produce a complete nuclear weapon secondary at the Y-12 Plant in Tennessee. ... Plans are under way to expand the capacity and capability of the Y-12 Plant to meet the planned workload for replacing warhead secondaries, and other uranium components. ... Plutonium Operations: One glaring shortfall is the inability to fabricate and certify weapon primaries, or so-called "pits." Work is under way to establish an interim capability at Los Alamos National Laboratory late in this decade to meet current demand created by destructive surveillance testing on the W88 warhead. For the long term a new modern production facility will be needed to deal with the large-scale replacement of components and new production. ... Other Component and Material Production: ... Tritium production, halted since 1988, is programmed to resume in FY 03 with first deliveries to the stockpile scheduled for FY 06. Additionally, warhead refurbishment plans require modern facilities at Y-12's Special Materials Complex for manufacturing unique materials. National Nuclear Security Administration Initiatives for Nuclear Weapons Programs Advanced Concepts Initiative: ... There are several nuclear weapon options that might provide important advantages for enhancing the nation's deterrence posture: possible modifications to existing weapons to provide additional yield flexibility in the stockpile; improved earth penetrating weapons to counter the increased use by potential adversaries of hardened and deeply buried facilities; and warheads that reduce collateral damage. ... To further assess these and other nuclear weapons options in connection with meeting new or emerging military requirements, the NNSA will re-establish advanced warhead concepts teams at each of the national laboratories and at headquarters in Washington. This will provide unique opportunities to train our next generation of weapon designers and engineers. DoD and NNSA will also jointly review potential programs to provide nuclear capabilities, and identify opportunities for further study, including assessments of whether nuclear testing would be required to field such warheads. ... Limitations in the Present Nuclear Force Today's nuclear arsenal continues to reflect its Cold War origin, characterized by moderate delivery accuracy, limited earth penetrator capability, high-yield warheads, silo and sea-based ballistic missiles with multiple independent re-entry vehicles, and limited retargeting capability. ... New capabilities must be developed to defeat emerging threats such as hard and deeply buried targets, to find and attack mobile and relocatable targets, to defeat chemical or biological agents, and to improve accuracy and limit collateral damage. Development of these capabilities, to include extensive research and timely fielding of new systems to address these challenges, are imperative. ... Copyright © 1995-2004 Austin Chronicle Corp. All rights ***************************************************************** 7 Austin Chronicle: Politics: Nukes Are Back! HOME: JANUARY 16, 2004: NEWS: NUKES ARE BACK! The Bush administration plans for the next (little) nuclear wars BY WILLIAM M. ADLER illustration by Jason Stout 1830 hours. All are in uniform: the military brass, their crew cuts periscoping above their dress whites or blues or greens; the retired military brass turned defense contractors, in dark suits with American-flag lapel pins, pivoting around the three- and four-star admirals and generals like so many schools of fish; the astronaut in his royal-blue NASA jumpsuit; Miss Nebraska, who teeters winningly, even with aplomb, between high heels and a silver tiara. Several hundred conferees are mingling and mixing over cocktails and hors d'oeuvres on the ground floor of the Strategic Air &Space Museum, a monument to military aviation on the Nebraska prairie, conveniently located (if you're a cornfield) between Omaha and Lincoln. Across from the two- and three-deep bar, tucked near the escalator well, a trio hangs jazz wallpaper. Over at a corner cocktail table, the wholesome (think young Kevin Costner), teetotaling Nebraskanaut autographs 8-by-10 glossies. "Aim High!" he exhorts. Welcome to Strategic Space 2003, a three-day Strangelove-in devoted -- deeply, hopelessly devoted -- to touting the latest and greatest innovations in space warfare. We're in Omaha, a well-scrubbed town on the west bank of the Missouri River, the fabled Heartland of America. Agribusiness remains front-page news, particularly during the ongoing drought, but the biggest cash crop is not corn or beef or soybeans; it's the military. The largest employer is Offutt Air Force Base, 10 miles south of town. Deep within Offutt, in 14,000 square feet of reinforced steel and concrete, is the nerve center of the U.S. Strategic Command, or StratCom, arguably the world's most important and powerful military installation. StratCom, a co-host of the conference, has long been the command-and-control center for the U.S. military's nuclear-weapons capabilities. In 2002, as part of a Defense Department reorganization, it also assumed responsibilities for U.S. Space Command, giving StratCom control over all U.S. strategic forces. Whether from land, air, sea, or, as these 500 glad-handing conferees would have it, space, if the United States launches a strategic attack, it will do so a grenade's throw from the stage on which Miss Nebraska -- a digital flag flapping in the digital breeze on the digital-video screen behind her -- belts out "America the Beautiful." The Pentagon reorganization signifies more than a promotion for the StratCom commander, Adm. James O. Ellis Jr. It also positions StratCom at the center of the Bush administration's efforts to overhaul nuclear America. Those efforts center on developing a new generation of "usable" nuclear weapons, a topic about which I aspired to learn more during panel discussions on "The Warfighter's Toolkit" and "From [Operation] Iraqi Freedom to Tomorrow's Battlefield." One thing I already knew from the opening reception. War planners not only are rethinking the unthinkable -- how and when to use nuclear weapons -- they're discussing it. Out loud. Over drinks and cheese balls. Nukes First, Questions Later Their discussions are based on the "Nuclear Posture Review," the blueprint for the Bush administration's overhaul of nuclear America. The classified document (portions of which were leaked, initially to the Los Angeles Times, and now reside online at www.globalsecurity.org/wmd/library/policy/dod/npr.htm/) urges a fundamental, radical shift from the principles of deterrence and restraint that date to the early days of the Cold War, when a superpower not named the United States also roamed the globe with visions of empire. In August 1949, four years after Harry Truman incinerated the Japanese cities of Hiroshima and Nagasaki, the Soviet Union successfully tested its own atomic bomb. So began the long-lived era under the Cold War cloud of mutually assured destruction: We got nukes, you got nukes; let's do nothing stupid. Nonproliferation treaties, bilateral and multilateral, were signed; nuclear test bans implemented; arms reductions agreed to. But the Soviet Union fell off the map in 1991, and a decade later, 19 men armed with boarding passes and box cutters brought the U.S. to its knees. Three months after the 9/11 attacks (although clearly in preparation much earlier), the Bush administration delivered its "Nuclear Posture Review" to Congress. The Pentagon-authored text is couched in recommendations, but its tone and direction are unmistakable. It buries alive all those quaint Cold War holdovers -- diplomacy, arms-control treaties, test bans -- in some figurative fallout shelter, never to be heard from again. In their stead, war planners bellow and yearn for a doctrine that strikes first and evades questions later. "The need is clear," the posture review states, "for a revitalized nuclear weapons complex that will be able ... if directed, to design, develop, manufacture, and certify new warheads in response to new national requirements." Every president since Truman relegated the bomb to a category unto itself, to be locked away unless the nation's very survival were at stake. Not so George W. Bush. In the introduction to his administration's "National Security Strategy to Combat Weapons of Mass Destruction," Bush wrote that the U.S. "will continue to make it clear that it reserves the right to respond with overwhelming force -- including potentially nuclear weapons -- to the use of WMD against the United States, our forces abroad, and friends and allies" (emphasis added). In addition to 9/11, two major factors account for the nuclear revival. One is the stream of intelligence indicating that the remaining axis of evildoers (Iran, North Korea) as well as the other Usual Suspects (Syria, Libya) are going deep -- building and storing weapons of mass destruction in hard, underground bunkers. Such facilities, the posture review claims, are impervious to conventional weapons. At the top of the weaponeers' wish list, then, are Robust Nuclear Earth Penetrators, commonly known as "bunker-busters." These are supposed to burrow where no conventional weapon can -- down, down, down through hundreds of feet of hard rock tunnels and reinforced concrete to the presumed command-and-control centers of rogue leaders, and to their stashes of WMDs and ballistic missiles. Only then would they explode, theoretically annihilating only the targeted bunker. But there seems to be a physics conundrum: A low-yield nuke will not burrow deep enough, and a high-yield behemoth, say, anywhere from 100 kilotons (almost five times the force of the Hiroshima bomb that immediately killed 140,000 people) to a megaton, "would likely shower the surrounding region with highly radioactive dust and gas," Robert W. Nelson, a Princeton University physicist, writes in a report for the Federation of American Scientists. Call it a midlife crisis. When the U.S. nuclear stockpile looks in the mirror, it sees a dowdy, obsolete 20th-century arsenal in need of a 21st-century face lift. That is the second factor driving the administration toward proliferation. It gets no respect; rogues pay the once fearsome stockpile no mind. There is no obvious flaw with the 2,000 warheads StratCom maintains on hair-trigger alert, 15-minute launch time. Or with the other 10,000 intact warheads, or the 5,000 more in "strategic reserve." It's just that they're big boppers: high-yield, limited-precision, doomsday nukes that can reduce Moscow to mincemeat but couldn't hit the broad side of a bunker in broad daylight. "If we want to deter an opponent from attacking, the opponent must actually believe our threats to some degree," Keith B. Payne, an architect of the Bush nuclear blueprint, has written. Get 'Em by the Gross So is smaller better, or at least a more credible deterrent? Teetotaling Nebraskanaut Clayton C. Anderson autographs 8-by-10 glossies with "Aim High!" "The world of nuclear weapons policy is kind of Alice in Wonderland," says Jay Coghlan, director of Nuclear Watch of New Mexico. "In many ways, the lower the yield of the weapon, the more dangerous the weapon, because it is more likely to be used." That's where mininukes come in. A one-kiloton mininuke (a kiloton equals 1,000 tons of TNT) may sound cuddly -- and it is relatively low-yield: about one-13th the force of the Hiroshima bomb. But a one-kiloton warhead would generate a crater roughly the size of the Ground Zero site where the World Trade Center used to stand, and would spew a million cubic feet of radioactive fallout, estimates Daryl G. Kimball, executive director of the nonprofit Arms Control Association. The "Nuclear Posture Review" gives short shrift to such drawbacks. It advertises mininukes (defined as no more than five kilotons) as precision weapons capable of "surgical strikes" that would reduce "collateral damage" from blast, heat, and radiation. A grab bag of uses is envisioned: in retaliation for the use of nuclear weapons, or as reprisal against non-nuclear states for biological or chemical weapons, or, vaguely, "in the event of surprising military developments." That sort of hazy language pervades the document. It may be helpful in preparing for "immediate, potential, or unexpected" contingencies, but critics say it also is a ploy that affords war planners and weapons designers great latitude to take out of it whatever they wish. "It's kind of like a fundamentalist reading the Bible," says Greg Mello, director of the Los Alamos Study Group, a watchdog organization. In one respect, however, the posture review is unambiguous: It considers the new generation of nukes potential weapons of first resort. Not only does that lower the threshold for using them, it blurs the line between nuclear and conventional weapons. And it vaporizes the international principle, based on nearly 60 years of diplomacy, law, practicality, and morality, that nuclear weapons are exponentially more lethal. "A nuclear weapon is a unique entity," says Jon Wolfsthal, deputy director of the Non-Proliferation Project of the Carnegie Endowment for International Peace. "There is no such thing as a tactical nuclear weapon in the eyes of 99 percent of the world's population." The problem for nonproliferation advocates and the rest of the world is that the U.S. Congress is at the forefront of the other 1%. Despite a summer and fall of hemming and hawing on both sides of the aisle, just before Thanksgiving Congress passed two spending bills that granted virtually every new nuclear weapon program Bush asked for (with some token budget reductions). This includes $7.5 million to study bunker-busters; $6 million to research mininukes (last spring, Congress repealed a 10-year-old ban on such research); $24.9 million to expedite plans for the resumption of underground nuclear testing in Nevada (there have been no such tests since the first President Bush declared a moratorium in 1992); and $10.8 million to develop the Modern Pit Facility -- fedspeak for a new nuclear bomb factory. (Pantex, near Amarillo, is one of five sites under consideration for that huge slab of atomic pork. See "Braying for Plutonium," July 11, 2003.) During Senate debate on a Democratic amendment to slash funding for nuclear weapons research and development, Dianne Feinstein, D-Calif., reminded her colleagues that next year the U.S. will spend "more on our military than all of the other 191 nations on the planet combined." She let that astounding statement sink in, and then added: "If we can't protect ourselves without thinking about nuclear weapons, who can?" The senator's question cuts to the heart of the concern over the administration's nuclear ambitions. It also demands a further one: By what moral authority can the U.S. expect to stop international proliferation even as it readies record spending -- $6.38 billion in the 2004 fiscal year -- for core nuclear weapons research, development, and production programs? As Rep. Ed Markey, D-Mass., quipped during House debate last spring on nuclear weapons spending, "We are like those that would preach temperance from a barstool." Feinstein and Markey, both veteran members of Congress, surely understand that questions of reckless military spending, immorality, and hypocrisy are irrelevant on Capitol Hill during times of war, even manufactured war. So how about one question more: Do George Bush's nuclear ambitions make for a safer, more secure nation and world? GLOBAL MILITARY spending comparisons 2002 * Other NATO includes Belgium, Canada, Czech Republic, Denmark, Greece, Hungary, Italy, Luxembourg, Netherlands, Norway, Poland, Portugal, Spain, and Turkey. Sources: The Military Balance 2003-2004, International Institute for Strategic Studies, 2003. Budget of the United States Government, FY 2004, Office of Management and Budget. Center for Defense Information. Staying on Message I figured by now I knew what I'd hear from the president's oft-quoted proponents and critics, some of whom I spoke with, too. But as the country marches inexorably toward building "usable" nukes, I wondered what the uniformed military -- the front-line folks who would actually use the weapons -- might be thinking. And so it came to be that StratCom commander Adm. James Ellis' hand, which normally rests on the nation's nuclear button, is squeezing mine. We are standing in the lobby of the Embassy Suites in downtown Omaha, where the space-cowboy conferees have just emerged from rousing panels on ballistic missile defense and defense-contractor prognostications on the future of strategic space. It's nearly lunchtime on the final day of the confab, cheer is in the air, and yet this embedded reporter, after three days of exchanging pleasantries about "full-spectrum domination," "global-strike capability," "flight-kill vehicles," "blue force tracking," and so on, cannot escape the voice of George C. Scott's nuke-lovin' Gen. Buck Turgidson in the 1964 film Dr. Strangelove. "Mr. President," he began, briefing his commander in chief on the benefits of nuclear war, "I'm not saying we wouldn't get our hair mussed. But I do say ... no more than 10 to 20 million killed, tops." Just as the admiral and I get reacquainted (we'd said hello at the opening-night reception) a Navy captain who keeps a close eye on the admiral pulls him away. Ellis is the luncheon speaker, and even though I'll be late for my flight and am ripe to kiss Omaha goodbye, I want another crack at him, one of the few people on the planet whose job description includes the capability to destroy it. Following Ellis' platitude-larded speech, a military flack hustles me and several fellow scribes to a small room for a brief "press availability" with the admiral. Now, finally, was my chance. A local reporter beats me to the punch, asking Ellis if he sees mininukes as part of the solution to fighting terrorism. He ducks. "This conference is not about the 'Nuclear Posture Review,'" he says. "I'd like to stay on message here." He calls on a reporter from a defense industry publication, who lobs a softball. I raise my hand again, but the admiral appears not to notice. After another question or two, the watchful Navy captain thanks us for coming. And then, poof, Adm. Ellis is whisked away, returned, no doubt, to his secure, underground bunker. [end story] Copyright © 1995-2004 Austin Chronicle Corp. All rights ***************************************************************** 8 NUCLEAR TREATIES by Carol Wolman; Libya ratifies Comprehensive Date: Thu, 15 Jan 2004 11:41:05 -0800 Dear Friends, Today's news item, Libya ratifies Comprehensive Test Ban Treaty- (see article below) has led me to reflect on the recent history of international nuclear arms control treaties. The opening shot in the neocons' coup d'etat came in October 1999, when the US Senate failed to muster 67 votes for ratification of the Comprehensive Test Ban Treaty (CTBT). President Clinton was in favor of ratification, and knew that the necessary 2/3 majority was not available. He kept the question on the shelf for most of his tenure. But a sneak attack by a group of Repugs brought it to the Senate floor with only 3 days' debate before the vote. The CTBT's supporters had no time to rally or educate the public. A major thrust of the Bush administration is to make nuclear weapons usable, as set forth in the Nuclear Posture Review (NPR) of 2002. Mininukes and bunker busters are being developed, and the doctrine of pre-emptive strikes, potentially including nuclear strikes, has been put into force, in Iraq. The NPR violates Article VI of the NonProliferation Treaty (NPT), which pledges all 177 signers to work toward nuclear disarmament. Article VI was upheld "unconditionally" at the NPT Review conference of May 2000, in a document signed by the US. During the post 9-11 confusion, in December 2001, the Bush administration formally withdrew from another key treaty, the AntiBallistic Missile (ABM) Treaty, signed by the two nuclear superpowers in 1972. The ABM Treaty forbade the development of a missile defense and countermeasures, such as MIRV's, and successfully capped the nuclear arms race for 30 years. The fight to save the ABM Treaty started during the campaign of 2000, when it became clear that a prime objective of the Bush junta was to scuttle the treaty, in order to provide new opportunities for the then-languishing military/industrial complex. Both Bush and Gore carefully avoided the subject of the ABM treaty during their debates, but as soon as he took office, Bush proclaimed his intention of withdrawing. The peace community rallied to save the treaty, and lobbied vigorously. In the first week of September, 2001, the Senate Armed Services Committee, then chaired by Democrat Carl Levin, attached a rider to the Appropriations bill, forbidding expenditures to any program which violated the ABM treaty, even if the treaty was no longer in force. After 9-11, of course, this rider was withdrawn. The treaty was supposedly replaced with a new nuclear disarmament treaty based on trust and friendship between Putin and Bush. Of course, Bush has stabbed Putin in the back several times since then, and Putin is rearming Russia. All a friendly understanding between businessmen. The only treaties left are the Outer Space Treaty of 1967, which the US is planning to violate with Star Wars, and the NonProliferation Treaty, (NPT), which the US is already violating by developing mininukes. Hypocritically, the US is vigilant and belligerent about violations by other countries, such as North Korea, Iran, and Iraq. The international treaty structure, an honored agreement among sometimes hostile nations, has prevented thermonuclear war since 1945. Bush is replacing treaties with a Mordor scenario in which power and brutality, issuing forth from a fortified wasteland, conquer the earth. Unlike Middle Earth, planet earth has at least one other nuclear superpower and many other nuclearized nations. The only Democratic candidate who recognizes these realities is Dennis Kucinich. He led 30 Representatives into filing suit in Federal court to save the ABM treaty, by declaring that the Executive could not withdraw from a Congressionally ratified treaty without a vote of Congress. Dennis is the only candidate to call for a cut in the Pentagon budget, and for reinstatement of the treaty structure. This MUST be done, before nuclear proliferation spins out of control. Remember Hiroshima! We the people are nuclear hostages to all the hawks and vultures that are wrecking our world. Americans MUST reclaim America and stop this nuclear madness, before it is too late. Carol Wolman You made us the reproach of our neighbors, the mockery and the scorn of those around us. You made us a byword among the nations, a laughingstock among the peoples. Psalm 44: 14-15 http://www.nccbuscc.org/nab/011504.htm http://www.nytimes.com/aponline/international/AP-Libya-Nuclear.html VIENNA, Austria (AP) -- In a new signal that Libya is serious about renouncing its weapons of mass destruction, U.N. officials said Wednesday the North African country has ratified the nuclear test ban treaty. Libya's nuclear program was far from producing a weapon and the treaty is 12 nations short of the 44 ratifications needed for it to enter into force. Still, the announcement by the U.N. agency overseeing the agreement appeared to be a further sign of commitment by Libyan leader Moammar Gadhafi to give up nuclear weapons ambitions... ***************************************************************** 9 deepikaglobal: Russia delivered 200 tons of uranium to US over 10 years Moscow, Jan 14 (UNI) Russia has delivered to the United States more than 200 tons of weapons-grade highly enriched uranium over the past ten years since the signing of a contract between the two countries. The agreement was concluded on January 14, 1994 by the US Enrichment Corporation (USEC) and the Russian foreign trade company, Tekhsnabexport for the implementation of the agreement, signed between the governments of the two countries, on the use of highly enriched uranium extracted from nuclear weapons, Ria Novosti reported today. The contract stipulates the delivery of low-enriched uranium (NOU) produced at the enterprises of the Russian Atomic Energy Ministry from the highly enriched uranium (VOU). In the United States, the low-enriched uranium is being used as fuel for atomic power plants. According to the Russian company, at present about 10 per cent of energy is being generated in the United States by burning fuel on the basis of the Russian NOU. Russia has received more than 4 billion dollar under this contract, the Russian news agency said. Last year, the sum from the NOU realisation made up about 10 per cent of all planned non-tax Russian budget revenues. These means are being used to finance the programmes of enhancing the security of the Russian atomic power plants, conversion of defence production processes and ecological purification of impure territories. In addition, according to the company's data, numerous jobs in the Russian atomic energy industry and in the related industries, which ensure the necessary infrastructure for the fulfillment of the contract, have been created and are being maintained. The United States, according to the terms of this contract, returned to Russia almost 25,000 tons of natural uranium over the past ten years. This can ensure the raw materials requirements of the Russian atomic energy industry in the course of several years. Russia should deliver to the USA 500 tons of VOU in compliance with this contract, signed 20 years ago. © Copyright DeepikaGlobal.com 1997-2003. ***************************************************************** 10 SD Union-Trib: Onofre reactor barred from Argentine waters SignOnSanDiego.com: By Matthew T. Hall UNION-TRIBUNE STAFF WRITER January 15, 2004 In the first sign of South American resistance to plans to tow San Onofre's dismantled nuclear reactor around the continent to South Carolina, a judge in Argentina has banned the U.S. barge from entering its territorial waters. Agence France-Presse reported yesterday that the judge imposed the ban when deciding in favor of a lawsuit brought by the state government of Chubut in southern Argentina. The decision won't halt plans to ship the retired reactor from the San Onofre nuclear power plant to the only U.S. burial site that will take the waste, said Ray Golden, a spokesman for plant operator Southern California Edison. Richard Stratford, the director of the Office of Nuclear Energy Affairs for the State Department, agreed. "At the moment, I don't see any particular effect because my understanding is they will be staying outside territorial waters," Stratford said. Both men said they knew about the ban only through the news wire report. Tom Clements, a spokesman for Greenpeace International, which has campaigned against disposal plans for the reactor for months, said he is unaware of similar bans attempted so far by other South American governments. Golden said Edison plans to tug the barge in waters more than 200 miles from most of the South American coast. A second tug would travel with the first and head into ports for supplies or in cases of emergency. Another Edison spokesman said last week that the 770-ton reactor may be stored on site indefinitely if it is not moved 15 miles from the plant to a Camp Pendleton boat basin by a March deadline meant to protect the nesting periods of shorebirds. The San Onofre reactor was shut down in 1992, emptied of its fuel and most radioactive internal components, then packed in steel and concrete for shipment to Barnwell, S.C. Edison still operates two nuclear reactors in northern San Diego County. It chose a route around South America for disposal of its Unit 1 reactor when liability issues prevented shipment east by rail. The reactor's weight precludes passage through the Panama Canal. Matthew Hall: (760) 476-8234; matthew.hall@uniontrib.com © Copyright 2004 Union-Tribune Publishing Co. ***************************************************************** 11 News-Mesenger: NRC to hold meeting to discuss D-B - thenews-messenger.com Thursday, January 15, 2004 News-Messenger reports OAK HARBOR -- The Nuclear Regulatory Commission Davis-Besse oversight panel will meet with FirstEnergy Nuclear Operating Co. officials at 6 p.m. Wednesday in the Oak Harbor High auditorium, 11661 W. Ohio 163, to review recent activities at the Davis-Besse Nuclear Power Station. The plant, operated by FirstEnergy Nuclear Operating Co., has been shut down since Feb. 16, 2002, as the result of corrosion damage to its reactor vessel head. The public can observe the business portion of the meeting and will have an opportunity to make comments and ask questions of the NRC staff before the meeting is adjourned. The meeting will include a discussion by FirstEnergy officials on activities at Davis-Besse and a presentation of the preliminary findings of a follow-up NRC inspection looking at safety culture issues at the plant. The transcripts of the oversight panel meeting will be posted in several weeks on the NRC's Web site Select Davis-Besse from the Key Topics menu. The NRC oversight panel includes NRC management and staff from its Region III office in Lisle, Ill.; the NRC Headquarters office in Rockville, Md.; and the NRC Resident Inspector Office at the Davis-Besse site. Documents on the Davis-Besse corrosion issue, including further details on NRC's oversight panel activities, are posted on the NRC's Web site. Originally published Thursday, January 15, 2004 Contact Us | Subscribe | Place an ad Copyright ©2004 The News-Messenger. All rights reserved. ***************************************************************** 12 ITAR-TASS: Power unit of Balakovo NPS shut down due to malfunction [ITAR-TASS News Agency of Russia] 15.01.2004, 14.58 MOSCOW, January 15 (Itar-Tass) - Power Unit 4 of the Balakovo nuclear power station (BNPS) in Saratov region was shut down by automatic process safety devices on Thursday morning, an official at the press center of the Rosenergoatom company has told Itar-Tass. The company spokesman said, "The said power unit was shut down in keeping with the safety rules for the operation of Russia's nuclear power stations". Following the rectification of the defect, "the nature of which is being ascertained by a special commission set up at the BNPS, the power unit will resume operation in about 24 hours' time," he specified. "For the duration of the shutdown period, electric power to the towns and settlements of the Privolzhsky District is being supplied by the region's stand-by power facilities. At present, the other three operating power units of the BNPS have an aggregate generating power of 3,080 megawatts," the company official pointed out. "The radiological situation in the observation zone and in the BNPS area has remained unchanged," he said. © ITAR-TASS. All rights reserved. You undertake not to copy, ***************************************************************** 13 SOFIA: World Energy Giants Eye Bulgarian N-Plant Belene novinite.com Friday 16 January 2004 Sofia Morning News Top news: 15 January 2004, Thursday. Chiefs of four world-leading energy companies enquired about opportunities for the construction of Bulgarian second nuclear plant in Belene at a meeting with Prime Minister Simeon Saxe-Coburg. Presidents and vice-presidents of Atomic Energy of Canada, Italian Ansaldo Nuclear and two Japanese energy companies, Hitachi Corp. and Itochu Corp., attended the meeting. Canadian state company Atomic Energy of Canada (AECL) is one of the five companies, which confirmed their interest officially in the construction of the new Nuclear Power Plant Belene last year. Its principal bid includes the application of Canadian technology CANDU. Along with Russian Atomstroyexport, American Westinghouse, French Framatom, Czech Skoda, the company submitted a principal bid for completing construction works on the Belene N-plant site. On Dec 19, 2002 Bulgarian government lifted the ban on the completion of Bulgaria's second nuclear plant. The project for its construction was shelved in 1992 after pressure from environmentalists. All Rights Reserved © Novinite Ltd., 2001-2004 - Copyright Novinite.com (thebulgariannews.com ***************************************************************** 14 NRC: NRC Oversight Panel to Meet on January 21 with Davis-Besse Officials in Oak Harbor News Release - Region III - 2004-00 U.S. NUCLEAR REGULATORY COMMISSION Office of Public Affairs, Region III No. III-04-004 January 14, 2004 CONTACT: Jan Strasma (630) 829-9663 Viktoria Mitlyng (630) 829-9662 E-mail: opa3@nrc.gov will meet with FirstEnergy Nuclear Operating Co. officials on Wednesday, January 21, to review recent activities at the Davis-Besse Nuclear Power Station. The plant, operated by FirstEnergy Nuclear Operating Company near Oak Harbor, Ohio, has been shut down since February 16, 2002, as a result of corrosion damage to its reactor vessel head. The meeting will be held at 6 p.m. in the Oak Harbor High School Auditorium, 11661 West State Route 163, in Oak Harbor. The public is invited to observe the business portion of the meeting and will have an opportunity to make comments and ask questions of the NRC staff before the meeting is adjourned. The meeting will include a discussion by FirstEnergy officials on activities at Davis-Besse and a presentation of the preliminary findings of a followup NRC inspection looking at safety culture issues at the plant. The transcripts of the oversight panel meeting will be posted in several weeks on the NRCs web site - http://www.nrc.gov. Select Davis-Besse from the Key Topics menu. The NRC oversight panel includes NRC management and staff from its Region III office in Lisle, Illinois; the NRC Headquarters office in Rockville, Maryland; and the NRC Resident Inspector Office at the Davis-Besse site. Documents on the Davis-Besse corrosion issue, including further details on NRCs oversight panel activities, are posted on the NRCs web site. Last revised Thursday, January 15, 2004 ***************************************************************** 15 CBC - New Brunswick: Lepreau waits for gov't approval WebPosted Jan 15 2004 09:36 AM EST SAINT JOHN — NB Power has all the approvals it needs to go ahead with the refurbishment of Point Lepreau except one from the provincial government. This week the Canadian Nuclear Safety Commission approved a $10-million expansion of Lepreau's radioactive waste storage facility. NB Power says with proper management, Point Lepreau can last until 2008 but after that it will need to be refurbished or shutdown. Rod White, vice president of nuclear power for NB power, says refurbishment is the best option even though it will cost more than $900-million. But the provincial government says it wants to find another investor to pay part of the $900-million cost. Energy Minister Bruce Fitch says they are talking with various investors including Atomic Energy of Canada and Bruce Power which runs a nuclear plant in Ontario. "We've been talking to various institutions that may be interested in that. We want to make sure that the best deal is reached, in fact refurbishment is the option of choice." Fitch says they won't rush into a decision. But Rod White says they can't wait much longer for that investor to appear. "The contracts to do the work with Atomic Energy of Canada Limited to achieve 2008 need to be formally committed to them by October 2004. " + From Sept. 27, 2002: AECL president makes pitch for Point Lepreau nb.cbc.ca Copyright CBC 2004All rights reserved | Privacy ***************************************************************** 16 NRC: Agency Information Collection Activities: Proposed Collection; FR Doc 04-868 [Federal Register: January 15, 2004 (Volume 69, Number 10)] [Notices] [Page 2364-2365] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr15ja04-87] Comment Request AGENCY: U. S. Nuclear Regulatory Commission (NRC). ACTION: Notice of pending NRC action to submit an information collection request to OMB and solicitation of public comment. SUMMARY: The NRC is preparing a submittal to OMB for review of continued approval of information collections under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Information pertaining to the requirement to be submitted: 1. The title of the information collection: State Agreements Program, as authorized by Section 274(b) of the Atomic Energy Act. 2. Current OMB approval number: 3150-0029. 3. How often the collection is required: One time or as needed. 4. Who is required or asked to report: Thirty-three Agreement States whose governors have signed Section 274(b) Agreements with NRC. 5. The number of annual respondents: 33. 6. The number of hours needed annually to complete the requirement or request: 1,035 (7.5 hours per response). 7. Abstract: Agreement States are asked on a one-time or as-needed basis, e.g., to respond to a specific incident, to gather information on licensing and inspection practices and other technical statistical information. The results of such information requests, which are [[Page 2365]] authorized under Section 274(b) of the Atomic Energy Act, are utilized in part by NRC in preparing responses to Congressional inquiries. Agreement State comments are also solicited in the areas of proposed procedure and policy development. Submit, by March 15, 2004, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? A copy of the draft supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, Maryland 20852. OMB clearance requests are available at the NRC worldwide Web site http://www.nrc.gov/public-involve/doc-comment/omb/index.html. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions about the information collection requirements may be directed to the NRC Clearance Officer, Brenda Jo Shelton, U.S. Nuclear Regulatory Commission, T-5 F52, Washington, DC 20555-0001, by telephone at (301) 415-7233, or by Internet electronic mail to INFOCOLLECTS@NRC.GOV. Dated at Rockville, Maryland, this 9th day of January 2004. For the Nuclear Regulatory Commission. Brenda Jo Shelton, NRC Clearance Officer, Office of the Chief Information Officer. [FR Doc. 04-868 Filed 1-14-04; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 17 Guardian Unlimited: Source of Rotterdam Thursday January 15, 2004 10:31 PM By TOBY STERLING Associated Press Writer AMSTERDAM, Netherlands (AP) - A recycling company found uranium oxide - a radioactive material also known as yellowcake - in a shipment of scrap steel it believes originally came from Iraq, the company said Thursday. Paul de Bruin, spokesman for Rotterdam-based Jewometaal, said that the shipment was passed on last month from a Jordan metal dealer who was unaware it contained any forbidden materials. ``I've dealt with this man for 15 years and he says he's sure it came from Iraq,'' De Bruin said. He said Jewometaal had been asked not to reveal the name of the Jordanian exporter while the find was being investigated. Nuclear experts say that although not highly radioactive, uranium oxide can be processed into enriched uranium usable in a nuclear weapon - but highly advanced technology is needed. The Dutch Environment Ministry confirmed Thursday that Jewometaal reported the unusual find on Dec. 16. After a preliminary investigation by a company that specializes in removing radioactive waste, the Dutch government decided to call in the International Atomic Energy Agency to investigate further. A spokesman for the IAEA confirmed the agency had visited Rotterdam on Wednesday but had no further comment. Environment ministry spokesman Wim van der Weegen said scrap metal companies in the Rotterdam port, which is Europe's largest, report around 200 findings of radioactive material per year, often from old hospital equipment or normal industrial uses. But the finding of an estimated two pounds of uranium oxide is odd, Van der Weegen said. Experts said that around 2 pounds of yellowcake, the amount found, would not be useful for either a bomb or fuel. Dr. Alan Ketering, a researcher at the nuclear research plant at the University of Missouri-Columbia, said yellowcake contains less than 1 percent of U-235 used in nuclear weapons. He said it would need to be refined many times with sophisticated technology before it was dangerous - and the amount found in Rotterdam would not be nearly enough. ``Anybody can dig it up and purify it to make the yellow stuff,'' he said. ``It's the separation of U-235 that people are concerned about.'' However, he said there was no obvious non-nuclear industrial use for yellowcake and it would be strange to find it in random scrap metal. The material was found in a small steel industrial container apparently used to connect pipes or electrical wires, Environment Ministry spokesman Van der Weegen said. He said it wasn't yet known where the yellowcake originated. ``It could be from anywhere in the world,'' Van der Weegen said. After testing, the material was shipped to a nuclear waste plant in the Netherlands. Jordan does not have any known nuclear power plants or weapons and is a signatory to the nuclear test ban treaty. President Bush came under heavy criticism last year when he asserted in his State of the Union address that Iraq was shopping in Africa for uranium yellowcake - intelligence that turned out to be based on forged documents. The original suspicions apparently came from a British dossier and Britain's Foreign Office continued to maintain Iraq was trying to buy uranium in Niger, although no evidence was offered. Last year, the United States agreed to pay $3.4 million to install radioactivity detectors in Rotterdam to scan a fraction of the 6 million containers that pass through it annually for hidden radioactive material. However, scrap metal companies are already outfitted with detectors, and Jewometaal found the radioactive material with its own equipment. Guardian Unlimited © Guardian Newspapers Limited 2004 Guardian Newspapers Limited ***************************************************************** 18 ic Berkshire: Incinerators will create 'hell on earth' say GPs Jan 15 2004 By Sam Matthews NEARLY half of all doctors in the area say the approval to build two new waste incinerators in Colnbrook will create 'hell on earth' for thousands of people. A group of 25 GPs has written to the Environment Agency which gave Grundon the green light for a Waste Management facility and a clinical waste incinerator last week. The doctors are concerned that the 'ill-considered' plan for the £120 million facility will be a 'death sentence' for many. The letter, signed by all 25 doctors, states: "We believe locating these incinerators in this area is ill-considered and we strongly oppose any measure that leads to loss of life." The doctors express their dismay that such a large incinerator is to be placed in an area where pollution is already over government limits for particulates - poisonous particles released by incineratorsand other emissions. Spokesman for the GPs, Dr Jerry Thompson, who sits on the Slough Primary Care Trust Good Practise Forum, added that people living around the incinerator will be exposed to 'frightening risks' including terminal diseases. "Simply breathing will become a dangerous activity - in this way the Environment Agency are creating hell on earth," he said. The doctors believe an estimate by the Department of Environment, Transport and the Regions in 2000 that the new generation of incinerators would cause 350 deaths a year is inaccurate. Dr Thompson argues the death toll here will be higher as the town has one of the highest rates of heart disease in the South East and most deaths caused by incinerator emissions will be due to heart disease. He also accuses the EA of failing to answer vital questions from the report submitted by Slough Primary Care Trust's as part of the five year legal process. "The PCT has serious concerns about the dangers of combinations of multiple pollutants on the population, particularly when combined with radioactivity," he said. "We have repeatedly pointed out the risks of incinerating radioactive matter, a practise most other European countries consider far too hazardous. The EA should be playing an important role in reducing this appalling load of pollutants we are exposed to and yet are allowing Grundon to belch out hundreds of carcinogenic chemicals into the air we breathe." Grundon maintains that the new plants will meet all emission limits set by the European Union. They hope the one that will burn clinical waste will be completed by early 2005 and the domestic rubbish incinerator will up and running by late 2006. The Environment Agency was invited to comment but had not responded at the time of going to press. © owned by or licensed to Trinity Mirror Plc 2004 icBerkshireTM is a trade mark of Trinity Mirror Plc. ***************************************************************** 19 [NukeNet] Judges Appear To Side With Opponents Of Yucca Mt. Date: Thu, 15 Jan 2004 11:41:06 -0800 Videos: http://www.envirovideo.com Mothersalert Home: http://www.mothersalert.org The judges noted that the National Academy of Sciences had estimated that the time of peak release of radioactive materials would probably come hundreds of thousands of years later. "Ten thousand years is incorrect," Judge Harry T. Edwards told a lawyer from the Justice Department, saying the environmental agency had not obeyed instructions by Congress to follow the academy's advice in setting standards. http://www.nytimes.com http://snipurl.com/3uke http://www.nytimes.com/2004/01/15/national/15NUKE. html Court Hears Arguments on Waste Site in Nevada By MATTHEW L. WALD Published: January 15, 2004 ASHINGTON, Jan. 14 - A majority of the judges on a federal appeals court panel expressed skepticism on Wednesday about a central element of the government plan to bury radioactive waste in the Nevada desert about 90 miles from Las Vegas. In an unusual three-and-a-half-hour hearing that combined 12 lawsuits and a web of issues, the judges seemed to side with opponents of the site, Yucca Mountain, on the issue of how long a repository should have to retain the waste. Two of the three judges of the United States Court of Appeals for the District of Columbia Circuit indicated through their questions that the Environmental Protection Agency had erred when it said the Department of Energy would have to be concerned with leakage for only the first 10,000 years. Advertisement The judges noted that the National Academy of Sciences had estimated that the time of peak release of radioactive materials would probably come hundreds of thousands of years later. "Ten thousand years is incorrect," Judge Harry T. Edwards told a lawyer from the Justice Department, saying the environmental agency had not obeyed instructions by Congress to follow the academy's advice in setting standards. The federal government argued that 10,000 years was commonly used in other kinds of hazardous waste disposal. Judge David S. Tatel joined Judge Edwards in close questioning of government lawyers on that point. The third judge on the panel, Karen LeCraft Henderson, asked few questions. Opponents and proponents alike described this as Yucca Mountain's big day in court. The consolidated case being argued is the major legal challenge to the government's multibillion-dollar, multidecade plan for storing thousands of tons of spent reactor fuel and nuclear bomb waste. Hundreds of lawyers, government officials and others began lining up before 6 a.m. for seats. The parties said they hoped the judges would rule later this year. On Wednesday, the panel seemed to reject many arguments brought by Yucca Mountain's opponents, including the State of Nevada, the unwilling host of the repository, and various environmental groups. Nevada contended that the federal government could not force the repository on a state because it had not proved its assertion that there was anything special about the site's geology. The state said the Energy Department's own plan said that the natural geology of the site would play only a minor role in its performance for 10,000 years, because the metal casks planned by engineers would take care of most of the problem. Judges Tatel and Edwards suggested that the fairness of the department's choice was now moot, because its recommendation had been endorsed by both houses of Congress in a bill signed by President Bush in 2002. A court could still find the site selection unconstitutional, but the two judges seemed unsympathetic. Rather, their questions indicated that they sided with a government argument that it had the right to build there because it owned the land. The mountain is on the edge of the Nevada Test Site, where the Atomic Energy Commission and later the Energy Department exploded hundreds of nuclear bombs. Nevada argued that the laws Congress passed on establishment of the repository required that the geology of whatever site was chosen form the primary barrier to the spread of radiation. The rock is too permeable in Yucca Mountain's case, they argued. One lawyer, Geoffrey Fettus of the Natural Resources Defense Council, describing the department's design as a "septic field" in which radioactive particles, carried by rain water into the underground water flows, would spread over a broad area, diluted enough at the border to meet radiation exposure standards. But supporters of the project said that while Congress made geology a criterion, it did not specify that natural features had to be the most important factor once the site was chosen. The balance between the importance of the rock versus the man-made features is linked to the 10,000-year question. If the department must prove that the mountain will hold the radioactive material for hundreds of thousands of years, it will be difficult or impossible to argue that the containers will remain intact. Judge Edwards listened to a lawyer for Nevada, Antonio Rossmann, argue that the standard should be for 300,000 years or longer and then asked, "Is this a backdoor way to say the focus should be on geology, and not engineered barriers?" "It's our front door," Mr. Rossmann replied. _______________________________________________________________________ Subscribe/Unsubscribe Here: http://www.energyjustice.net/nukenet/ Change your settings at: http://chrome.nocdirect.com/mailman/listinfo/nukenet_energyjustice.net ***************************************************************** 20 Las Vegas RJ: FEDERAL COURT HEARING: Yucca foes gain hope Thursday, January 15, 2004 Judges pepper EPA with questions over radiation standard claims By STEVE TETREAULT STEPHENS WASHINGTON BUREAU Rep. Jon Porter, R-Nev., left, and Nevada Attorney General Brian Sandoval on Wednesday leave a Washington, D.C., federal court after a hearing on the Yucca Mountain Project. Photo by ASSOCIATED PRESS Nevada Special Attorney General Joe Egan leaves the U.S. Court of Appeals for the District of Columbia on Wednesday after arguing against the Yucca Mountain Project. Photo by ASSOCIATED PRESS WASHINGTON -- Federal judges weighing Nevada challenges to the Yucca Mountain Project reacted with skepticism Wednesday to some of the state's key arguments, but suggested they might look favorably on other claims that could slow the proposed repository. In a long-awaited court hearing, two out of three judges were frosty toward Nevada's claim that the government's bid to bury nuclear waste in the state was in violation of the U.S. Constitution. The judges also foreclosed a direct challenge to President Bush's designation of the site 100 miles northwest of Las Vegas for the nuclear repository. They said that congressional approval of the site in July 2002 made it a done deal that couldn't be overturned in court. At the same time, the judicial panel that convened at the U.S. Court of Appeals for the District of Columbia signaled it might support arguments that challenge the repository on other grounds. Judges aimed sharp questions at whether health standards issued by the Environmental Protection Agency would be sufficient to protect Nevadans when radiation from the repository figures to be at its peak hundreds of thousands of years in the future. Additionally, Judge Harry T. Edwards said that Nevada should be able to challenge Yucca Mountain environmental studies as part of Nuclear Regulatory Commission's licensing hearings for the project. State attorneys said it would give them more ammunition in that venue. "We were pleased with a lot of the things we saw," said Nevada lead attorney Joe Egan. But the 3 1/2-hour session signaled a probable mixed outcome for Nevada and environmental organizations that filed lawsuits against the government's efforts to develop the site. An appeal to the U.S. Supreme Court is expected, no matter which side the circuit court favors. An Energy Department official and an attorney for the nuclear power industry said they saw nothing out of the session that would kill the Yucca project. "Our decision-making process and the question of whether Yucca Mountain was selected appropriately is obviously over," DOE spokesman Joe Davis said, referring to likely rejection of the site selection lawsuit. Robert Bishop, general counsel for the Nuclear Energy Institute, said he could envision the court upholding the repository or ruling in a way that would cause undetermined delays. "But I can't see any exercise of this court's jurisdiction that would stop the project," he said. On its highest profile case, the state's constitutional argument, Nevada-hired expert Charles Cooper advanced the state charge it was singled out for the repository without a reason that could stand constitutional muster. "Sovereign interests have been invaded by the federal government for this material that no other state wants," Cooper said. Edwards called it "an interesting argument," but one he believed was a stretch when placed beside the powers granted the government to manage federal property. The Yucca repository would sit on Bureau of Land Management land. "This concerns the use of federal property in a state," Judge David Tatel said. "When you are talking about federal property, it is not intuitive to consult the states." The third judge, Karen LeCraft Henderson, did not offer a view. Tatel said Nevada might have a case "if Congress just dropped this stuff on Yucca Mountain." But he said extensive studies by the Energy Department and action by Congress to sign off on the site suggest otherwise. Egan later said, "When you advance a theory that's new, you are assured one way or another it's going to go to the Supreme Court." Attorney General Brian Sandoval said Nevada leaders "would look very closely" at a Supreme Court petition if the state's views are rejected at the appeals level. On the site selection case, Edwards said Nevada could not challenge Bush's pick because Congress passed a law setting it in stone. The Senate completed the legislation on July 9, 2002, and Bush enacted it on July 23 of that year. "This is the most important issue here," Edwards said. "Once they act, Congress can do what it wants to do, and they did it." Edwards halted the proceedings shortly afterward, cutting off Nevada's arguments on one of its cases that was tied in part to the president's actions. Edwards said the judges would decide that case based on written briefs, "if we get to that." While Henderson asked a handful of questions, Edwards and Tatel engaged attorneys throughout the session. Encouraged by attorneys for Nevada and the Natural Resources Defense Council, the two judges intensely questioned an attorney for the Environmental Protection Agency, which had set a 10,000-year radiation standard for the repository despite a National Academy of Sciences report ordered by Congress that suggested radiation dangers will exist for a much longer period. An Energy Department study pegged the period of peak radiation at 480,000 years in the future, attorneys said. "The facts are incontrovertible. This is an EPA standard that cannot stand review," said Antonio Rossman, a San Francisco environmental attorney representing Nevada. "The National Academy of Sciences determined there was no scientific basis to confine it to 10,000 years." The argument seemed to strike a chord with Edwards. "It's astonishing what the agency did compared to what the NAS said," he said. If the court ends up ruling against the EPA standards, Sandoval said the Energy Department could face delays while new ones are developed. "It essentially would turn the program on its head because they would have to start all over again," Sandoval said. "They cannot prove those canisters will last more than 10,000 years." Energy Department spokesman Davis said DOE will continue its preparations to license a Yucca repository. "For whatever standards the court might set, we are confident we can meet them," Davis said. The Energy Department plans to submit a license application by the end of December. Davis would not say whether the project could be delayed if the court orders any changes. Outside the court, Rep. Shelley Berkley, D-Nev., said the day "was obviously not a home run (for Nevada), but I think we're going to win the EPA process and that will cause delay." Berkley also said the judges "opened up a can of worms for us," by indicating that Nevada can mount challenges to the project's environmental impact before the Nuclear Regulatory Commission. Rep. Jon Porter, R-Nev., cautioned against reading too much into the judges' reaction to oral arguments considering they also will be reviewing thousands of pages of legal documents before issuing decisions. "These cases will not be won or lost today," Porter said. "We may not win every case but there were points made today that will help us." Copyright Las Vegas Review-Journal ***************************************************************** 21 Tri-City Herald: Framatome plans waste lagoon, soil removal This story was published Wednesday, January 14th, 2004 By John Stang Herald staff writer A public comment period is under way for a Framatome ANP plan to remove six waste lagoons and some contaminated soil. Washington's Department of Ecology and Framatome have tentatively agreed on a plan to begin removing the lagoons this year and finish the project in 2006. The 7-foot-deep lagoons range from 42,000 square feet to 91,200 square feet. Framatome fabricates nuclear reactor fuel assemblies in a northern Richland plant. Until a few years ago, chemicals and radioactive uranium wastes from the fabrication process were stored in lagoons at the plant. Then the plant converted to a process that stores the wastes in tanks, eliminating the need for the lagoons, which have been around since the 1970s. At times, the lagoons have leaked, resulting in their protective liners being covered by more liners. The company has been cleaning out the lagoons for the past couple of years, said Sidney Koegler, Framatome's manager of waste projects. The upcoming work will include removing and disposing of the lagoons' liners and leftover wastes. Then the contaminated soil beneath the lagoons will be dug up. The soil and other contaminated materials will be shipped to a specialized Utah burial site operated by Envirocare. The public comment period ends Feb. 12. People with comments can mail them to Jeff Ayres, Washington Department of Ecology, 1315 W. Fourth Ave., Kennewick, WA 99336. His e-mail address is jayr461@ecy.wa.gov. © 2004 Tri-City Herald, Associated Press &Other Wire Services ***************************************************************** 22 Las Vegas SUN: Editorial: Forced to turn to the courts Today: January 15, 2004 at 9:09:42 PST LAS VEGAS SUN Nevadans, for well over a decade now, have asked the federal government to undertake a seemingly straightforward task: Take a scientific, unbiased look at the Yucca Mountain project. If the White House, Congress and federal agencies had actually given Nevada a fair shake, there is no way they would have gone forward with a risky plan to build a high-level nuclear waste dump in Southern Nevada. In 2002, despite mounting evidence presented by Nevada's congressional delegation that shipping and burying the waste here poses extraordinary dangers to the public, Congress approved President Bush's plan to open Yucca Mountain. Now Nevada's hopes rest with the courts rejecting the plan or with federal regulators denying the Energy Department a license to operate a dump here. On Wednesday the U.S. Court of Appeals in Washington, D.C., heard the state's legal challen ge. On one of the issues raised by Nevada, that Congress used a flawed process to designate Yucca Mountain, the state appeared to have suffered a setback when the judges didn't express a willingness to intervene. Meanwhile, the judges indicated it would be up to the Nuclear Regulatory Commission, which will either grant or deny a license for the Yucca Mountain project, to determine whether the casks containing nuclear waste will be strong enough to prevent corrosion by water flowing through Yucca Mountain. Nevadans should be particularly heartened that the judges were receptive to an important point raised by Nevada involving radiation standards. Two of the three judges questioned why the Environmental Protection Agency decided that protective radiation standards at Yucca Mountain were only required for the next 10,000 years. After all, the judges noted, a report by the National Academy of Science suggests the danger covers a much longer period of time. The state contends that the project should be rejected because it can't be demonstrated that the radiation standards can be met 300,000 years from now, which is when state officials say the waste will be its most lethal. The National Academy of Science's report is "absolutely clear ... that 10,000 years is incorrect," Judge Harry Edwards told an attorney from the Justice Department. Moreover, Edwards and Judge David Tatel asked, why would the EPA reject a recommendation from the National Academy of Science when Congress explicitly required the scientific body's report to be taken into account? "An agency does not have the authority to do whatever it wants to do," Edwards said. The judge added that it was "really quite astonishing what the agency did compared to what the National Academy of Science said." The attorney who represented the federal government, the Justice Department's Christopher Vaden, contended that the 10,000-year standard was established following policy and scientific considerations. But that's balderdash. The 10,000-year mark is arbitrary. It's a nice ro und number that the Energy Department believes most Americans will feel secure about. The fact that such a number was picke! d, instead of say 3,500 years, 17,500 years or even 300,000 years, suggests little science went into the consideration. Nevada's case still is a long shot: Getting a federal court to overturn a federal agency's decision doesn't happen every day, especially when 49 other states and their representatives in Congress are happy that they won't be the nation's dumping ground. And tough questions posed by judges, such as those on the 10,000-year limit, aren't always an indication of which way they're leaning in a case. But it's still encouraging that a federal institution, in this case the U.S. Court of Appeals, actually put pointed questions to the federal government about its refusal to comply with one of the nuclear-waste burial law's principal requirements. What's sad is that Nevada, in desperation, has had to turn to the courts for help because a president and a majority of the members of Congress have dismissed legitimate safety concerns about the shipping and burial of 77, 000 tons of the deadliest waste known to man. ***************************************************************** 23 Las Vegas SUN: No knockout on Yucca Today: January 15, 2004 at 11:25:56 PST Nevada's hopes for definitive legal victory fade By Suzanne Struglinski WASHINGTON -- Nevada officials said this morning they believe a federal appeals court will allow the Energy Department to pursue a license to build the Yucca Mountain nuclear waste repository. A day after Nevada's legal challenge was heard in the U.S. Court of Appeals for the District of Columbia, the state's attorneys said the three-judge panel appeared to be leaning toward letting the Energy Department move forward but at the same time laid legal groundwork that could eventually scuttle the project. Nevada officials said they believe they won and lost during the 3 1/2- hour hearing, the state's first full legal challenge against the Yucca Mountain dump. It's unclear how and when the judges will rule, although a ruling is expected sometime this year. Judging from the questions asked in court, Nevada officials said the judges seemed to dismiss Nevada's constitutional challenge and arguments against the siting of the project, which could have been a knockout blow. But Nevada officials believe they have some winning arguments that may take some time to pursue. They were pleased that the court seemed to focus on the standards set by the Environmental Protection Agency, which the state says are illegal. The state also won a concession during the hearing from the Nuclear Regulatory Commission, whose attorney said the state could challenge the environmental impact statement for the project, which had previously been ruled out and which could provide Nevada with a strong argument against the project. Attorney General Brian Sandoval said this morning that the court's questions showed that Nevada had legitimate, strong legal arguments against the site and was not just "knocking its head against the wall." "The government publicly blinked where they had not before," Sandoval said. Sandoval and lead attorney Joe Egan said the best case could be one that questions the EPA's standards. Egan said the future will be continuing the court battle and fighting the Energy Department's licensing effort. "We are now really going to be getting ready for licensing," Egan said. "Two days ago we didn't know if that was even still the case." Rep. Shelley Berkley, D-Nev, who sat through the hearing, said there "was no home run." "I was waiting for a Perry Mason moment and it didn't happen," she said. Berkley and other Nevada officials expect the case to end up in the Supreme Court Rep. Jon Porter, R-Nev., who also attended the hearing, said there are still thousands of pages of documents for the judges to go through on this case. "This is the beginning of a battle in the halls of justice where this should be determined," Porter said. "It's a great day for Nevada." Egan said he was "encouraged by the body language" of the judges during the arguments in the EPA case. "The court made no pretense that it was troubled on the lack of deferences to the National Academy of Science standard," Egan said. Nevada claims the agency violated the law when it established a 10,000-year compliance period for the site's radiation protection levels because the academy recommended a longer time frame. The state says the law required the agency to adopt whatever the academy said. Judges David Tatel and Harry Edwards asked tough questions about the EPA's justification as to why it ignored the National Academy of Science's recommendation. "NAS says there is no scientific basis for limiting it to 10,000 years," Tatel said. "What could be more inconsistent with that academy's recommendation?" Justice Department attorney Chris Vaden said, on behalf of EPA, that the agency considered policy and regulatory matters as well as public comments and that it did not just adopt the NAS's recommendation. "(The EPA) did not disagree with NAS on scientific issues but as a regulator, did not want to question the license on something so far out," Vaden said. If the court were to rule that the EPA needs to adopt a longer time period, Sandoval said, that could be the end of the project. "DOE has already said the canisters won't last beyond 10,000 years," Sandoval said. "They can't do it since the geology of Yucca Mountain is inferior." Energy Department spokesman Joe Davis would not speculate on what the department would do if the standards were to change. "Under the current science, we will meet the 10,000-year standard," said Davis, who was in the courtroom Wednesday with Energy Department's top Yucca official Margaret Chu. The department will prepare its license application toward its December submission goal to the commission, Davis said. Egan said the other "clear victory" for Nevada was the clarification that the state could object to the department's final environmental impact statement during the future licensing hearings. In a last-minute effort just before the court adjourned, Egan pointed out that under current regulation the state could not challenge the EIS but only provide supplemental information. Nuclear Regulatory Commission General Counsel Steve Crockett and Justice Department attorney Ron Spritzer said it could challenge specific issues in the document at the commission. Egan said that was not going to be allowed and said he was "delighted that we can litigate." Meanwhile, Tatel and Edwards questioned Nevada most heavily on its constitutional claim and challenges to the Energy Department's recommendation and President Bush's approval of the Yucca Mountain site. In 2002, Congress gave Energy Department the go-ahead to move forward on its plans to store 77,000 tons of nuclear waste at the mountain, 90 miles northwest of Las Vegas. Toward the end of the arguments, Edwards seemed to dismiss the state's claim that the Energy Department should not have gone forward with the site's recommendation because it was based on bad guidelines and science was no longer relevant. "Congress passed the law, it's on the books. Whatever preceded it is moot," Edwards said. "I can't imagine what the readdressibility would be." President Bush signed a law in July 2002 that allowed the Yucca project to move ahead, but Nevada sued, saying because Energy Department and Bush followed through on the site's recommendation based on flawed selection criteria the site should not have be approved. Another case argued that the Energy Department's recommendation guidelines were wrong because they "abandoned" geologic isolation as the main barrier to radiation getting out of the site. The state wants the court to send the matter back to the Energy Department. Egan did not get to present his arguments on those cases. The hearing ran overtime and the judge cut off the proceedings after a debate on whether Nevada could even make the arguments in the first place. Congress' approval of Yucca Mountain and agreement with the president overrides Nevada's arguments, Edwards said. "End of discussion ... no cases can challenge that," he said. Bob Loux, executive director of the Nevada Agency for Nuclear Projects, said before the recommendation a case was too premature, and now it seems to be too late. "It was caught between the cracks," Loux said. Egan said the case against the Nuclear Regulatory Commission and the future licensing hearings will still take issue with the fact the mountain's rock makeup is no longer the main barrier stopping radiation from getting out of the site. Edwards and Tatel also picked apart the state's constitutional challenge, saying the proposal would be on federal property and nothing in the constitution applied to the state's argument. "I don't know how this becomes a constitutional issue," Edwards said. Attorney Charles Cooper, who argued for Nevada, said the government cannot dump the "unwanted burden" of nuclear waste on one state without a good reason. Cooper said an interpretation of the Constitution says: "States must be treated alike, but the judges said those were property right cases and not good to apply here. Justice Department attorney Ron Spritzer said: "I don't see how there can be any question that the issue has been resolved." "We knew it was the biggest liability that we had," Egan said. "No one has ever brought this issue to the floor." Sandoval said the constitutional claim was a "novel theory," but the state brought the case since "no state has ever been put in this position." He said he would have to wait to see the court's decision before he would make any recommendation to pursue a Supreme Court case. Democratic presidential hopeful retired Gen. Wesley Clark took a stand against a nuclear dump at Yucca Mountain after the arguments concluded. "I am against the nuke dump at Yucca Mountain, period," he said. "I will use the full force of the presidency to kill this dangerous product, which would put the lives and health of Nevadans at risk for generations." ***************************************************************** 24 RGJ: Court hears Nevada’s case against nuclear waste dump RGJ.com" By Doug Abrahms RENO GAZETTE-JOURNAL 1/14/2004 11:22 pm WASHINGTON — Nevada officials claimed partial victory Wednesday after a federal appeals court heard its arguments that building the nation’s only high-level nuclear waste repository 90 miles outside Las Vegas could pose radiation hazards. Nevada attorneys asked the U.S. Court of Appeals in Washington, D.C., to require that the Yucca Mountain waste dump protect people from harmful radiation for 300,000 years, instead of the 10,000 years the Environmental Protection Agency is requiring. A longer standard could make it harder for the Nuclear Regulatory Commission to license construction of Yucca Mountain. While the judges questioned the scientific validity of the EPA’s standard, they seemed to reject Nevada’s argument that the congressional process designating Yucca Mountain as the nation’s waste dump was flawed. And the court didn’t hear perhaps Nevada’s strongest argument — that the geology of Yucca Mountain won’t prevent radioactive leakage. That question will be left to the Nuclear Regulatory Commission to decide. The appeals court is only the latest battleground for Nevada’s efforts to stop the Energy Department from building Yucca Mountain. The court could decide later this year to halt, delay or allow the project to move forward. The court bundled together 13 lawsuits in which Nevada, an environmental group and others challenged Yucca Mountain on a host of complex environmental, legal and constitutional issues. Two of the three judges questioned a government lawyer over the EPA adopting the 10,000-year rule, despite a National Academies of Science report saying the radiation danger posed by housing spent nuclear fuel from power plants could last much longer. Congress also instructed the EPA to follow the National Academies of Science recommendations. “They’re very clear in saying 10,000 years is wrong,” Judge Henry Edwards said. Christopher Vardon, a government lawyer, responded that the EPA set the standard at 10,000 years because the uncertainty grows too large in trying to extend predictions to 300,000 years. The judges attacked Nevada’s argument that the congressional process to designate Yucca Mountain was flawed. “It doesn’t matter that the law passed quickly. The law’s on the books,” Edwards said. The Energy Department claimed victory on that score. “The decision-making process of whether or not to choose Yucca Mountain is over,” said Joe Davis, an agency spokesman. The Energy Department remains on track to file a licensing application late this year for Yucca Mountain with the Nuclear Regulatory Commission. That process could take years, Davis said. If the court changes the EPA safety standard beyond 10,000 years, the Energy Department will comply, he said. The court did not hear Nevada’s arguments that water runs through Yucca Mountain’s geology faster than originally thought and could spread radiation. But the court said Nevada can argue this issue before the Nuclear Regulatory Commission. Nevada attorney Joe Egan said the casks containing nuclear fuel in Yucca will corrode much faster than the Energy Department expects. Once the casks corrode, radiation will threaten local drinking water, he said. Also on Wednesday, Democratic presidential candidate Wesley Clark came out formally against Yucca Mountain. “I am against the nuke dump at Yucca Mountain, period,” Clark said. “I will use the full force of the presidency to kill this dangerous project, which would put the lives and health of Nevadans at risk for generations.” Copyright Reno Gazette-Journal, a Gannett Co. Inc.Newspaper. Use ***************************************************************** 25 AP Wire: Hearing on Duke's MOX fuel plans continues | 01/15/2004 | [kansas.com - The kansas home page] PAUL NOWELL Associated Press CHARLOTTE, N.C. - Environmentalists and Duke Energy Corp. clashed Thursday over Duke's plans to test fuel containing a small amount of weapons-grade plutonium at one of its nuclear plants by 2005. The Blue Ridge Environmental Defense League asked a three-judge panel to allow it to present new information about safety issues raised by French scientists about the mixed oxide fuel, also known as MOX, used in nuclear reactors in that country. Duke Energy argued against allowing the NRC to consider the information, saying it wasn't new and should have been presented earlier. The hearing was conducted by the U.S. Nuclear Regulatory Commission's Atomic Safety and Licensing Board. "We disagree with their argument that this information is new at all and should even be considered," said Duke Energy spokeswoman Rose Cummings, who said some of the research dates back to 1998. BREDL's Louis Zeller said Duke was quibbling about the research and using it as an excuse to keep important information out of the hearing. "If it wasn't new and important, then why did some French scientists fly over in October to present their findings to the NRC?" he said during a break. Specifically, BREDL wants to present information from the French Institut de Radioprotection et de Surete Nucleaire showing that MOX fuel rods fail at lower temperatures than traditional uranium fuel rods. It also wants to present findings showing malfunctions with the sheath around the fuel rod that could result in uncontrolled core meltdowns. Duke Power Co., the electric utility subsidiary of Duke Energy, eventually wants to use the MOX fuel at its McGuire Nuclear Power Station near Huntersville, N.C., and the Catawba Nuclear Power Station near York, S.C. They would be among the first in the United States to use MOX fuel. The hearing in Charlotte's federal courthouse is being conducted by the Atomic Safety and Licensing Board. The board will decide if there are grounds for a full hearing by the NRC on any of 12 safety issues raised by BREDL. The panel is not expected to rule until next month whether to dismiss BREDL's case or schedule a hearing by the NRC. "We recognize that this is part of the process," Cummings said, adding that Duke is confident it will receive the approval to go ahead with the testing. Updated Thursday, Jan 15, 2004 About Kansas.com | Terms of Use &Privacy Statement ***************************************************************** 26 Washington Post: Court Hears Arguments Over Nuclear Waste Dump (washingtonpost.com) Nevada, Others Oppose Yucca Mountain Project By Carol D. Leonnig Washington Post Staff Writer Thursday, January 15, 2004; Page A03 Attorneys for the state of Nevada and environmental groups told a U.S. appellate court yesterday that federal agencies ignored science and law in deciding to bury 77,000 tons of nuclear waste in a mountain outside Las Vegas. Taking up the Yucca Mountain dispute, which has raged for two decades, the panel of three judges with the U.S. Court of Appeals for the District of Columbia Circuit heard federal government lawyers argue that the decision to create the dump for waste from the nation's nuclear reactors was based on sound reasoning. Nevada officials consider the federal court one of their last hopes of stopping the $58 billion project, located in the desert 90 miles northwest of Las Vegas. The panel is expected to issue its decision in late spring or summer, and attorneys on both sides said they would appeal to the full appellate court if they lose. The Energy Department hopes to accept the first shipments of nuclear waste, now stored at 17 locations around the country, by 2010. Yesterday, two of the three judges closely questioned the Environmental Protection Agency's actions on the recommendations from the National Academy of Sciences, but they appeared to favor the government on a constitutional argument. Judges Harry T. Edwards and David S. Tatel repeatedly expressed concern that the EPA appears to have ignored Congress's instructions to rely on advice from the National Academy of Sciences to ensure public safety. EPA officials decided that, to protect public safety, radiation levels inside the mountain will need to be measured for 10,000 years, rejecting the academy's finding that the nuclear material will remain dangerous much longer, perhaps for 300,000 years. Christopher Vaden, a Justice Department lawyer representing the EPA, said the agency had to weigh "policy considerations" that the academy had sidestepped. Edwards said that was irrelevant. "The statute doesn't say that EPA adopts the National Academy's recommendations . . . unless you determine the recommendations are too burdensome," Edwards said. "They're very clear in saying 10,000 years is wrong." Edwards also rejected Vaden's argument that the EPA has discretion because of its rulemaking authority. "That's nonsense," he said. "That's an old argument and you lose." But the judges said they had serious doubts about whether they could consider Nevada's claim that its constitutional rights had been violated and that President Bush's decision in February 2002 to select Yucca Mountain as the site of the waste dump was flawed and illegal. They suggested that their court has no reason to revisit the president's decision because Congress passed legislation in July 2002 affirming Bush's choice and rejecting Nevada's objections. The three-judge panel has consolidated the arguments of 13 lawsuits aimed at stopping the Yucca project into three main categories that it considered yesterday. Project opponents have argued that the EPA's radiation standards are too weak to protect the public, that the Nuclear Regulatory Commission should demand that the mountain's natural geology ought to be able to contain the nuclear material without the use of man-made barriers, and that the Energy Department used flawed criteria in selecting the site, violating the state's constitutional rights. An Energy Department spokesman said the agency is confident in its decisions and will proceed to seek a license for the waste site. But Geoffrey H. Fettus, who argued the case yesterday for the Natural Resources Defense Council, an environmental group, said he was "cautiously optimistic" that the judges would order the EPA to meet a higher standard in protecting the public. He and Antonio Rossman, who represented Nevada, said new scientific standards will lead to the conclusion that the Yucca site is not safe. "The site leaks like a sieve," Fettus said. "They jiggered the facts to avoid dealing" with the dangers that would arise. © 2004 The Washington Post Company ***************************************************************** 27 UK Independent: Ministers used nuclear rescue to 'cripple' British Energy By Michael Harrison, Business Editor 16 January 2004 The Government rejected claims yesterday it had imposed a "crippling" financial restructuring on British Energy in order not to rescue the nuclear generator but to bail out its own nuclear company, BNFL, the operator of the Sellafield reprocessing plant. A spokesman for the Department of Trade and Industry said that the claims were "spurious" and flew in the face of the facts, which were that the Government had intervened to prevent the collapse of British Energy and protect safety and security of supply. Max King, a former investment manager at Hambros and now an independent financial consultant, said that the so-called "rescue" of British Energy had made the company's short-term crisis much worse. Writing in today's issue of Utility Week magazine, Mr King says that the DTI could have defused the crisis that broke over British Energy in autumn 2002 by extending it a medium-term loan, with an equity option or repayment premium as a bonus for the Treasury. In the event, the rescue package ended up in a massive debt-for-equity swap, which left shareholders with just 2.5 per cent of the company and transferred its £4bn of liabilities into a new Nuclear Liabilities Fund on condition that British Energy deposited £275m worth of bonds in the fund and handed over 65 per cent of all future free cash flow. Mr King argues that the £3.8bn indemnity given to British Energy was no more than a "notional accounting entry", which would in any case be reduced as electricity prices recovered and the lives of the company's eight stations are extended. He claims that the money going into the NFL would produce a fund of "massive proportions" and far bigger than required by British Energy alone to deal with spent fuel costs. Mr King says the spare money could be used instead to help decommission BNFL's own Magnox stations and deal with the unwanted spent fuel from Sellafield once it had been reprocessed. "Instead of the Government rescuing British Energy, British Energy has rescued BNFL and the Government," he writes. The National Audit Office is about to publish its own report on the rescue of British Energy and the restructuring of its spent fuel contracts with BNFL, which is likely to take the DTI to task. The DTI spokesman said he was not going to get into a "war of words" with a consultant who had written an opinion piece. But he said: "There is not a mention of safety or security of supply in the article. It was British Energy which came to the Government, not the other way around. With a nuclear company, especially one which has 22 per cent of the market, you cannot just walk in and turn off the switch." Mr King also criticises the new management of British Energy, led by its chief executive, Mike Alexander, for making "horrendous mistakes". The company sold forward the whole of the current year's output and half of next year's when prices were depressed and paid £316m to get out of onerous contracts with Enron, Teesside Power and TotalFina when it would have been in a much stronger financial position if it had waited for prices to rise. UK Independent Ltd. ***************************************************************** 28 Las Vegas SUN: Yucca Mountain workers sought for lung disease screening By KEN RITTER ASSOCIATED PRESS LAS VEGAS (AP) - Yucca Mountain project managers began a lung disease screening program Thursday for current and former workers who may have inhaled airborne silica at the federal government's nuclear waste repository in the Nevada desert. Two hundred letters have been mailed, and more will be sent soon to an estimated 1,200 to 1,500 current and former Yucca Mountain site workers who are eligible to take part in the free silicosis screening program, said program manager Gene Runkle. Two current workers are being treated for silicosis, Runkle said, although he said it was not clear if they contracted the disease working at Yucca Mountain. Project managers did not know where most former workers were. Most were involved in tunneling and underground operations, or in setting up exploratory experiments underground from 1992 to present. Any worker who spends or spent 20 days a year working in the tunnels is eligible, Runkle said. The Energy Department was providing names of former workers to the University of Cincinnati, which was handling silicosis screening and research. The university was also working with The Center to Protect Workers' Rights to contact trade unions and find former Yucca Mountain workers. Most worked from 1992 to 1998, when tunnels were bored at the Yucca Mountain site, 90 miles northwest of Las Vegas. Workers were issued dust masks as protective equipment, but Runkle said that from 1992 to 1996 mask use was not consistently applied. Tunnel ventilation and dust control was upgraded in 1995 and 1996, and worker monitoring for silica exposure was expanded in 1996. Silica exists naturally in desert soils and in the rocks at Yucca Mountain. It can become airborne during tunneling, and inhaled silica can collect in the respiratory system. With long-term exposure, it can cause silicosis, a chronic and progressive lung disease with symptoms including coughing and shortness of breath, the Energy Department said. Margaret Chu, Office of Civilian Radioactive Waste Management director, said current screening and measures were protecting the 140 workers now working at Yucca Mountain. Runkle said that in 2001, two workers were exposed to elevated silica levels in separate instances during their work shifts. He declined to identify those workers, but said they are part of the screening and monitoring process and were showing no symptoms of silicosis. The Energy Department wants to bury the nation's spent nuclear fuel at Yucca Mountain beginning in 2010. Nevada is fighting the plan. --- On the Net: Yucca Mountain project: http://www.ymp.gov -- ***************************************************************** 29 Public Citizen: Statement by the Plaintiffs in the Case Against the EPA’s Radiation Release Standards for the Yucca Mountain Repository Jan. 14, 2004 Citizen Action Coalition of Indiana  Citizen Alert  Nevada Desert Experience  Nevada Nuclear Waste Task Force  Nuclear Information and Resource Service  Natural Resources Defense We are convinced that the U.S. Environmental Protection Agencys (EPA) radiation release standards for the Yucca Mountain repository will not protect the health of future generations. We are optimistic that the D.C. Circuit Court of Appeals, which hears oral arguments today in a lawsuit seeking to block the new standards, will come to this conclusion as well. The EPA arbitrarily gerrymandered the site boundary to meet radiation release standards to compensate for Yucca Mountains unsuitable geology. Written specifically for Yucca Mountain, the new boundary allows radiation that leaks from the high-level waste to pollute the aquifer and migrate with the groundwater south to a farming community. An unprecedented 18-kilometer "controlled area," in which people are not supposed to access the water for 10,000 years, is being contested by this lawsuit. Outside this huge sacrifice zone, the groundwater is not supposed to be contaminated above standards set under the Safe Drinking Water Act. The EPA claims that it would be too expensive to drill wells in this 18-kilometer area, but two drinking water wells already exist in this area, and the U.S. Department of Energys (DOE) own research has found that drilling in a similar geographical area in Colorado is economically viable. It is also unreasonable to assume that the government will be able to maintain institutional control over any region for the next 10,000 years to prevent future generations from drilling there. The site boundary is only about eight miles from Amagosa Valley, an agricultural area where groundwater is used for irrigation. Moreover, the EPA rule arbitrarily limits the regulatory compliance period to 10,000 years, even though studies show that the maximum doses from the repository are likely to occur in 300,000 years or more. While the Nuclear Waste Policy Act gives the EPA discretion in setting public health standards at the repository, the current EPA rules were written to enable the site to be licensed, not to protect the health of future generations. We seek to have the EPAs Yucca Mountain rules set aside and sent back to the agency to be made consistent with the standards now in effect for other repositories and adjusted to protect people and the environment for the dangerous lifetime of the waste. Because the financial and public health impacts of the Yucca Mountain project will affect people well into the future, we believe that any decision with respect to licensing Yucca Mountain should be based on prudent analysis and public health standards, not political expediency. If the court sends the rules back to the EPA, the project could be delayed for years, and even permanently abandoned if radiation release limits cannot be met. The Nuclear Regulatory Commissions (NRC) Yucca licensing rules, which depend on EPAs rules, would also have to be redrafted. At the same time, this courts decision is not the end of the opposition to the Yucca Mountain repository. DOE must still apply and get a construction license from the NRC, and crucial questions about the adequacy of the site remain to be answered. We will remain involved in that process as long as it takes. Public Citizen ***************************************************************** 30 KLAS: Sierra Club Holds Yucca Mtn. Luncheon January 15, 2004 (Jan. 15) -- While Vice President Dick Cheney was in town for a $250-a-plate luncheon fundraiser, another quite less expensive luncheon took place to address the controversial Yucca Mountain Project. The Sierra Club held a $2.50-a-tamale luncheon at Dona Maria's on Charleston and The Strip. There, they discussed the legal battle taking place in Washington, D.C. and the price of Mr. Cheney's fundraising luncheon. The issue of having a nuclear dump in our backyard is now in the hands of federal judges. Wednesday a federal court in Washington, D.C. heard arguments in Nevada's lawsuit over storing nuclear waste at Yucca Mountain. A ruling is expected in June. All content © Copyright 2000 - 2004 WorldNow and KLAS. All Rights Reserved. ***************************************************************** 31 KLAS: Local Yucca Mountain Fight Continues January 15, 2004 Wednesday's day in court was one that opponents had been waiting for -- for a long time. The state has said court was the best chance at fighting nuclear waste coming to Nevada. Opponents say even though the court hearing is over, they plan to continue the fight from all fronts. More>> Colleen May, Anchor Local Yucca Mountain Fight Continues (Jan. 14) -- While it may be several months before the U.S. Court of Appeals makes it's ruling, those opposed to the Yucca Mountain project aren't waiting for an answer. They're continuing their efforts to get their message out. Former Governor Bob Miller has been fighting the nuclear waste issue for at least 20 years. "It's a personal issue with me. I care about this state and the safety of my family and their children and their children. This is a great place to live." Miller says despite today's hearing at the U.S. Court of Appeals, the push to stop the transportation of nuclear waste to Nevada will go on -- especially when it comes to educating other states. Bob Miller says, "I think most of the states will be affected when you consider 90% of the country's nuclear waste is generated east of the Rocky Mountains. It's got to come from various parts of the country and come all the way across to reach Nevada." J. J. Straight, a conservation manager with Sierra Club says, "Because of Las Vegas, the concentration of new people moving in and people who sort of know some of the story but maybe feel like it's a done deal. We're continuing to educate people about the health potential dangers of Yucca Mountain." The Sierra Club has fought the Yucca Mountain project since its inception. "We're doing a series of walks, a series of community forums, phone banks -- real grassroots efforts to educate people and let them know they can still get involved in the fight against Yucca Mountain." The Sierra Club will spend the next few months handing out postcards to residents. Members also plan to work with Sierra Club organizations in other states where nuclear waste will pass on the way to Yucca Mountain. No matter what the U.S. Court of Appeals decides, it's likely the next step will be the U.S. Supreme Court -- whichever side loses in court will likely appeal. The speculation is that nuclear waste would be shipped in 2010. Colleen May, Anchor First Court Hearing on Yucca Mountain State attorneys argued in front of the U.S. Court of Appeals Wednesday against making Yucca Mountain the dump for the nation's high-level nuclear waste. More>> Cindy Cesare, Reporter Sierra Club Holds Rival Luncheon While republicans were shelling out $250 dollars to meet Dick Cheney, the Sierra Club held a shadow luncheon $2.50 to show the excessiveness of the Republicans. More>> Sierra Club Holds Yucca Mtn. Luncheon While Dick Cheney was town for the $250-a-plate fundraiser, another quite less expensive luncheon took place to address the controversial Yucca Mountain Project. More>> All content © Copyright 2000 - 2004 WorldNow and KLAS. All Rights Reserved. For more information on this site, please read ***************************************************************** 32 canada.com: Feds warm up to uranium clean-up Canadian Press Wednesday, January 14, 2004 After years of federal and provincial bickering over cleaning up abandoned uranium mines in northern Saskatchewan, the new federal natural resources minister has said Ottawa will consider kicking in some cash. John Efford said Wednesday he is willing to revisit the idea of paying some money to get the dangerously radioactive sites cleaned up. "The doors are open," Efford proclaimed after meeting with provincial Northern Affairs Minister Buckley Belanger. "I consider this a very serious problem." Efford's stance is in stark contrast to the Liberal government's position as recently as last fall. In a letter sent in late September, Ottawa said the province owns the old mines and Ottawa won't help pay for the estimated $30-million cleanup. But Efford, who was just named resources minister in December, said that is in the past. "I'm not a person who backs away from issues and I'm not an individual who's got a closed mind," Efford said. "I'm not going to look to the past. I am the new natural resources minister of Canada." The fight over who should clean up the abandoned mines in northern Saskatchewan near the boundary with the Northwest Territories has been simmering since the late 1990s. The province maintains that the federal government should do the work because it was Ottawa that first developed and regulated the sites. Most of the mines were used to harvest uranium ore and were abandoned in the 1950s and 1960s when the ore ran out. In 2002, the province released a report saying that many of the sites pose "severe public safety hazards and possible long-term environmental concerns." Two sites were of particular concern in the report. The Gunnar mine, about 25 kilometres southwest of Uranium City, Sask., is said to have deposited 4.4 million tonnes of unconfined radioactive tailings into Lake Athabasca since the operation was shut down in 1964. The site "contains numerous public safety hazards and environmental concerns and is very accessible by tourists and fishermen," the report reads. The Lorado Mill site, about eight kilometres south of Uranium City, is also highlighted in the report. Tailings there are said to be leaching into two nearby lakes. The abandoned mines are of huge concern to the people living in the North. Residents are worried that the radioactive material will kill off wildlife and leach into their bodies, said Dale McAuley, chairman of the New North lobby group and the mayor of Cumberland House, Sask. Some people fear they will get cancer, he said. "The cleanup has to be done because it is going to get into the environment -- into the fish, into the animals and so on -- and it is just going to spread out more and more," McAuley said. "The sooner we can deal with it and go on with life, the better." Efford said his first priority will be to go back to Ottawa and consult with Finance Minister Ralph Goodale -- the only cabinet minister from Saskatchewan. He then plans to return to Saskatchewan in February to tour the sites. Efford said he wants to give either a yes or a no quickly so that everyone can "get on with their lives." Belanger was pleased to hear the new minister's attitude. "I said to him `we will do our part if they will do their part.' This is a joint effort," Belanger said. "People have been waiting too long." © Copyright 2004 Canadian Press ***************************************************************** 33 Irish Examiner: Irish MEP calls for Sellafield probe 15/01/2004 - 8:02:52 AM Irish MEP Nuala Ahern has called for a team of international experts to investigate possible contamination at the Sellafield nuclear plant in Britain. Ms Ahern said yesterday that a study conducted by the British Ministry of Health found higher levels of plutonium in people living close to Sellafield than in those living farther away. The Green Party MEP said experts should be called in to investigate the possible dangers and the potential health threat to Irish and British people. © Thomas Crosbie Media 2004. ***************************************************************** 34 Whitehaven News: FRESH FEARS OF NEW NUCLEAR REPOSITORY ‘CON’ Published in The Whitehaven News on 15/01/2004 THE omission of any West Cumbrians on a new body set up to try and find a solution to the long-term storage of nuclear waste has sparked fears that the area will soon be back in the frame for an underground repository. Copeland’s MP, Jack Cunningham, has lodged a top-level protest over the complete lack of West Cumbrian representation on the Committee on Radioactive Waste Management (CoRWM). And John Henney, a former Copeland Council member who helped in the setting up of CoRWM, has now branded the committee “a con,” aimed at making it easier for the government to put Copeland right back on top of the list for a future underground waste dump. Meanwhile, MP Jack Cunningham says it is essential that West Cumbria should have a voice on the high-powered committee charged with looking at potential sites for disposing of the more highly-active radioactive wastes. Most of it is already stored at Sellafield. The Longlands area of Gosforth, near Sellafield, was the area originally earmarked by Nirex for a deep underground repository. However, Nirex was forced to abandon investigations after losing a public inquiry into its plans for a rock laboratory to find out more about safety. No-one from the Sellafield Local Liaision Committee has been included on the government’s radioactive waste management committee. Nor has John Henney, former chairman of the SLLC’s emergency planning sub-committee, who served on the working party which paved the way for CoRWM to be created. “It’s a con from the word go,” he claimed. “At least two local worthies, myself included, were invited to apply and were rejected. We never even got to the interview stage, even though I was on the original working party setting up the criteria to work from! “The big concern here is that civil servants in London organised the selection procedure, ran and dictated it. “Obviously, any local worthies with an independent, pragmatic view are seen as dangerous to the establishment in this particular area. When I was on the original committee I was fighting like hell to get an input from Joe Public rather than to confine it to experts. Now it seems Joe Public will be consulted as and when required. That is just not good enough. “We are the farthest away from London and as far as I am concerned the establishment would like to keep it that way. “The establishment don’t want to give themselves any more problems by suggesting a site anywhere but up here,” Mr Henney claimed. Geologically, he said, London had substantial deposits of solid blue clay impervious to water and more suitable for storing properly packaged and treated nuclear waste underground. “This is one of the areas which should have been investigated in the Nirex days but wasn’t. Can you imagine the outcry from 12 million people if it had been?” John Henney declared. The sensitive West Cumbrian situation was raised in Parliament by Jack Cunningham who asked the Secretary of State for Environment, Food and Rural Affairs, to ensure that the knowledge and experience of nuclear materials “held by the people” of the area were represented on CoRWM. He was told by Eliot Morley, minister of state for the environment, there had been a good field of more than 400 candidates for membership. “It is clearly important that West Cumbria should be strongly represented in the debate which CoRWM will be launching and overseeing. The committee must deliver recommendations that can be seen to have a broad degree of support and the views of the people of West Cumbria will be particularly significant, given their experience and the stake they have in the safe management of the UK’s radioactive waste. CoRWM is required to take into account all views supplied to it in arriving at its recommendations,” said the minister. Dr Cunningham said: “I am not satisfied and still believe Cumbria should have a voice on this body.” ***************************************************************** 35 [NukeNet] US EPA, Others to DOE: Risk-Based End States Vision Date: Thu, 15 Jan 2004 11:41:09 -0800 Pasted below for your convenience, please read and distribute widely. --Marylia for further information, Bob Schaeffer, ANA, (239) 395-6773 Marylia Kelley, Tri-Valley CAREs, (925) 443-7148 for immediate release Thursday, January 15, 2004 NATIONAL ALLIANCE FOR NUCLEAR ACCOUNTABILITY, COMMUNITY GROUPS APPLAUD U.S. EPA AND CALIFORNIA REGULATORS TOUGH CRITICISM OF ENERGY DEPT. "RISK-BASED END STATES VISION" FOR LIMITING SUPERFUND CLEANUP AT LAWRENCE LIVERMORE LAB The United States Environmental Protection Agency (EPA), California regulators, the City of Livermore and community residents have joined a growing chorus of criticism of the Risk-Based End States (RBES) process being pursued by the U.S. Department of Energy (DOE) to weaken cleanup plans at nuclear weapons sites across the country. In a strong letter to DOE concerning the RBES "vision" for the Lawrence Livermore National Laboratory, Region IX of the U.S. EPA emphasized its criticisms, including: o "DOE's Vision proposes a groundwater cleanup alternative which has been previously rejected by DOE, EPA, and the State regulatory agencies." o "DOE's Vision sacrifices Long-Term Effectiveness and may pose a long-term liability for NNSA," the National Nuclear Security Agency, which operates the Livermore Lab under DOE. o "Perception of DOE's commitment to cleanup may be adversely affected." o "EPA, in consultation with the affected community groups and State agencies, finds DOE's Vision to fall short of the statute and promulgated regulations. . ." The California Regional Water Quality Control Board also weighed in with a strong letter noting, "The DOE's definition of risk is short-sighted and short-term," claiming that the RBES plan would overthrow a legally binding agreement "mandating cleanup of contaminated water both on-site and off site." The City of Livermore wrote that the RBES plan could result in "a groundwater table of inferior and unacceptable quality." Tri-Valley CAREs, which represents nearly 4,000 area families, pointed out that RBES "will change the very nature of the cleanup strategy, including cleanup levels, the point of compliance and the continued search for new and more effective cleanup technology." The comment letter goes on to detail laws, regulations and agreements that RBES would abrogate. Said Marylia Kelley, executive director of Tri-Valley CAREs who lives near Livermore Lab and on top of one of its contaminated groundwater plumes, "DOE is proposing to walk away from legally-binding obligations and let deadly poisons migrate willy nilly through the groundwater at Livermore and other nuclear weapons facilities; over my dead body!" ANA previously released a letter from the Ohio office of the EPA regarding DOE's proposals for the Fernald plant which concluded that EPA "is not supportive of any of the proposed items on the master list" and "recommends no further pursuit of the actions proposed in the RBES document." As DOE pursues RBES, additional community groups, cities and state and federal agencies are going on the record to oppose it. New Mexico Governor Bill Richardson recently labeled "extortion" a DOE attempt to withhold funds from the Los Alamos Lab unless the state agreed to weakened cleanup requirements. The RBES process is the latest phase of DOE's "Accelerated Cleanup" program which ANA members have criticized for diverting energy from necessary environmental work and "leaving more radioactive and toxic wastes behind." ANA is a national network representing the concerns of groups from communities downstream and downwind of U.S. nuclear weapons sites. Tri-Valley CAREs has been an ANA member organization since 1989. -- 3 0 -- - the U.S. EPA letter on the Livermore RBES is attached. Other agency letters and Tri-Valley CAREs' 8-page technical comment are also available on request by email or fax. Marylia Kelley Executive Director Tri-Valley CAREs (Communities Against a Radioactive Environment) 2582 Old First Street Livermore, CA USA 94551 - is our web site address. Please visit us there! (925) 443-7148 - is our phone (925) 443-0177 - is our fax _______________________________________________________________________ Subscribe/Unsubscribe Here: http://www.energyjustice.net/nukenet/ Change your settings at: http://chrome.nocdirect.com/mailman/listinfo/nukenet_energyjustice.net ***************************************************************** 36 TriCity Herald: Group says Hanford sublease is stagnant This story was published Thursday, January 15th, 2004 By Annette Cary Herald staff writer The state of Washington should be seeking proposals from companies interested in running the commercial nuclear waste dump at Hanford, rather than automatically subleasing to the same company, according to Heart of America Northwest. Competition for the sublease might bring a higher price, lead to safer environmental and worker practices, and provide economic development, Gerald Pollet, of Heart of America, said at a public hearing Wednesday night in Kennewick. The state leases land near the center of the Department of Energy's Hanford nuclear reservation for one of the nation's two commercial, low-level radioactive waste dumps. The state has subleased 100 acres of the land since 1965, most of those years to US Ecology. The sublease and all renewal options will expire in 2005. Heart of America is not asking for changes that interrupt waste disposal at the site, Pollet said. Since 1993, the state, backed by federal law, has accepted low-level wastes from only 13 western states, with the exception of some small amounts with the most minimal contamination. "The policy of the state has always been we are willing to do our fair share, but we do not want to accept wastes from all states," said Larry Goldstein of the Washington State Department of Ecology. The site accepts radioactive waste such as contaminated clothing and trash from western university laboratories, hospitals, biotechnical companies and the military. The dump benefits the Tri-City economy through a surcharge on waste disposed there. From 1993 to 2002, Benton County has received $4.1 million, and the Hanford Area Economic Investment Fund has received $5.6 million. But the actual sublease payment is $59,412 annually, most of which goes to Benton County. The sublease appears greatly undervalued, Pollet said, and competition for the sublease could result in more money for the state and for local economy. The state has not offered the sublease to potential competitors because no other company has shown an interest, Goldstein said. It's unlikely another company would, since the sublease holder would assume liability for the 100 acres that are on the state's list of hazardous waste sites, he said. An investigation is ongoing after evidence was found that contaminants from the site likely have leaked into the soil and possibly the groundwater. But Pollet believes liability issues can be overcome, and doesn't find it surprising that no company has expressed interest, because the state has not opened the sublease to competition. Pollet also believes competition for the sublease could result in proposals with plans for better operation of the site. That could include using lined trenches and monitoring of water below the surface of the ground. A different company also might be willing to bring in a treatment facility that would also be helpful for Hanford waste and good for the local economy, he said. Now packaged commercial nuclear waste is buried at the site in unlined trenches and some liquid waste is put in underground storage tanks. Goldstein said operational issues will be addressed in licensing procedures that are being considered in an environmental study due this spring. The study may determine safer burial methods than lined trenches, such as double packing waste or putting it in concrete vaults, he said. The price of the sublease also will be renegotiated if it is renewed, he said. © 2004 Tri-City Herald, Associated Press &Other Wire Services ***************************************************************** 37 Knox News: Y-12 vulnerable to terrorism, watchdog group warns By FRANK MUNGER, munger@knews.com January 15, 2004 OAK RIDGE — The Y-12 nuclear weapons plant is vulnerable to terrorist attack, and the results could be devastating, a government watchdog group said today. The Project On Government Oversight (POGO) said Y-12 failed to protect its nuclear materials last month during a high-level security exercise, elevating concerns about Y-12 and its vast cache of bomb-grade uranium. If terrorists were to gain access to one of a half-dozen facilities where Y-12 stores enriched uranium, they could build and explode a nuclear bomb within minutes, said Pete Stockton, senior investigator for POGO. Y-12 is the nation's principal storehouse for bomb-grade uranium. There is some debate about the potential yield of a quickly assembled nuclear device, but Stockton said that's not the point. "Whether it's the size of the Hiroshima bomb or some percentage of that, it would really make a mess," he said in a phone interview from his Washington office. Early attempts to get comment from the U.S. Department of Energy or the National Nuclear Security Administration, the quasi-independent unit of DOE that manages Y-12 and other weapons facilities, were unsuccessful. Stockton has been a security analyst for decades, studying problems at the DOE nuclear facilities. He previously worked for U.S. Rep. John Dingell, D-Mich., and the House subcommittee on oversight and investigations. According to information distributed by POGO, the results of last month's security exercise were "pretty ugly." The group quoted unnamed government sources. POGO said the security forces at Y-12 could not adequately defend the enormous stockpiles of uranium at the site. The group said Y-12 has six "material access areas" that store large quantities of uranium. Stockton said the multiple storage areas pose a special concern, because terrorists could use diversion tactics to start a ruckus in one area and gain access to another. The entire event could take place within minutes, he said, noting that some of the storage areas are a short distance from the plant's fences. There has been an increasing recognition of the security problem with INDs, improvised nuclear devices, Stockton said. Unlike radiation-dispersal devices or so-called dirty bombs, INDs would be actual bombs that detonate and cause great damage and distribution of radioactivity, he said. DOE has known about the problem at its nuclear plants for a long time, but has tried to keep the information secret within the department, he said. BWXT, manager of the Y-12 National Security Complex, currently is planning a new storage facility to house the uranium and offer better protection for the strategic nuclear materials. It reportedly would be hardened sufficiently to withstand the impact of an airplane crash. Stockton said new storage vaults would be a partial solution to the Y-12 vulnerability, but he questioned whether the storage facility would actually be constructed. He said DOE has been talking about such a facility for the past 20 years. Senior writer Frank Munger may be reached at 865-342-6329. 2004, Knoxville News-Sentinel Co. ***************************************************************** 38 Knox News: No changes yet at DOE, TVA January 15, 2004 Steven Wyatt, a spokesman in the U.S. Department of Energy's Oak Ridge office, said Oak Ridge officials had not received any guidance on changes in the drug-testing procedures and were unfamiliar with the plans. Direct federal employees are a relatively small part of the overall work force in Oak Ridge. Contractor employees perform most of the work at the federal facilities. TVA spokesman John Moulton said the agency has not received notice of any changes in drug testing. "We certainly are aware different methods of drug testing are under review," Moulton said. "At the present time, we have received no notice that the federal government has approved different methods for drug testing. If it is approved, we would look at the different methods of drug testing to see if it was practical for us to implement." Moulton said TVA, the nation's largest public utility, now conducts drug testing "for cause" if drug use is suspected and conducts random drug testing of employees at its nuclear plants who have unescorted access. Subscriptions Online Media Kit Copyright © 2004 The Knoxville News Sentinel Co. All Rights Reserved. ***************************************************************** 39 Oak Ridger: DOE public hearing tonight Story last updated at 12:19 p.m. on January 15, 2004 By: Paul Parson | Oak Ridger Staff paul.parson@oakridger.com The Department of Energy will hold a public hearing at 6 tonight to hear comments on two documents pertaining to the construction and operation of depleted uranium hexafluoride conversion facilities outside of Tennessee. DOE informed the news media of the hearing at 1:52 p.m. Wednesday - too late for a notice to be included in that day's issue of The Oak Ridger. The media advisory indicated that the proposed action is to transport cylinders of the depleted uranium hexafluoride from the Oak Ridge K-25 site to the Portsmouth Gaseous Diffusion Plant in Piketon, Ohio. Depleted uranium hexafluoride was created during processing to make natural uranium suitable for use as fuel, such as that used in nuclear power plants. The public hearing will take place in the DOE Information Center, 475 Oak Ridge Turnpike. For more information, call 576-0885. ***************************************************************** 40 WATE: Watchdog Agency Calls Y-12 Plant Vulnerable to Terrorists January 15, 2004 By TIM MILLER 6 News Anchor/Reporter OAK RIDGE (WATE) -- A government watchdog group in Washington D.C. Thursday released what it calls an alert, saying the Y-12 nuclear weapons plant is vulnerable to a terrorist attack. The Project on Government Oversight (POGO) quotes un-named government sources who witnessed a high-level security inspection in December. POGO says the security forces at Y-12 couldn't adequately protect the huge stockpiles of highly enriched uranium that are housed there. Witnesses described the Oak Ridge test results as "pretty ugly." The Y-12 facility is of particular concern, as it houses the most materials in the nuclear complex that could be used for the creation of an Improvised Nuclear Device, or an actual nuclear detonation on site. The alert also says terrorists could create a diversion at one part of the complex, then build and explode a nuclear bomb within a matter of minutes. The U.S. Department of Energy had no comment on the alert. All content © Copyright 2000 - 2004 WorldNow and WATE. All ***************************************************************** 41 NewsChannel 6: how will USEC finance their new facility? Tuesday, January 13, 2004 wpsdtv.com USEC may have announced its new billion dollar-plus plant in Ohio. But some people question who will loan USEC that much with its overshadowing debt, and below investor grade "junk bonds?" At USEC's Monday announcement, a reporter asked CEO Nick Timbers if the company is fit enough to finance the new plant? Timbers made reference to "a number of different opportunities that we have, both here and abroad to ensure the financing is in place" by 2006, the projected start of construction. "He has contended that he thinks the company will be able to pull together the financing with partners, and some improved earnings," said Philip Potter. Potter is a veteran USEC-watcher for PACE, the union representing most hourly USEC workers. Between now and 2006, USEC might be forced into changes, Potter said. USEC has not paid down its initial $500,000,000 debt, but is scheduled to repay $350,000,000 of it by 2006. Considering that, can USEC borrow another $1,000,000,000, or more? "They do not have that ability today," Potter said. "They simply are not making enough in net profits," he added. Financing the plant in a joint venture with a stronger company could satisfy lenders, experts say. Larry Housman, a vice president and consultant at Hilliard-Lyons, says USEC reports earnings of 5-cents a share, but has paid dividends of 55-cents a share. He says USEC must "decide whether they're going to continue to have this pretty lofty dividend." ***************************************************************** 42 Google News Alert - nuclear Date: Thu, 15 Jan 2004 17:43:09 -0800 N.KOREA Said Still Hiding Nuclear Program Wired News WASHINGTON (Reuters) - An American envoy who made an unprecedented visit to North Korea's nuclear complex said on Thursday he believes Pyongyang is determined ... LIBYA Ratifies the Nuclear Test Ban Treaty New York Times, NY ... 14 — Libya has ratified the nuclear test ban treaty, a United Nations agency said Wednesday, less than three weeks after Libya publicly renounced its plans ... CANADA withdraws from international nuclear fusion project Hindustan Times, India Canada announced on Thursday that it was withdrawing from the international multi-billion dollar experimental nuclear fusion project ITER. ... Nuclear fusion row going critical - New Scientist Canada withdraws from nuclear fusion project - SpaceDaily News Analysis: Politics threatens to dominate nuclear fusion ... FOES argue against plan for nuclear waste dump Miami Herald, FL Opponents of a planned nuclear waste dump in Nevada argued in court Wednesday that the government has failed to ensure that the public will be protected when ... Environmentalists and State of Nevada in Court to Challenge Yucca ... LIBYA never got nuclear plans off ground - diplomats Reuters, India VIENNA (Reuters) - Preliminary results of inspections of nuclear sites in Libya have confirmed the view of the UN nuclear watchdog that Tripoli was nowhere ... SOUTH Korea hopes February nuclear talks as nations work on ... San Francisco Chronicle, CA South Korea said Thursday it hopes for a six-nation meeting in February on the North Korean nuclear crisis, as the United States and its allies try to work out ... SAPS, US Join Forces in Nuclear Theft Case AllAfrica.com, Africa ... serious and violent crime unit and US authorities secured the arrest of Cape Town businessman Asher Karni, who has been charged with illegally selling nuclear ... MINISTERS used nuclear rescue to 'cripple' British Energy Independent, UK The Government rejected claims yesterday it had imposed a "crippling" financial restructuring on British Energy in order not to rescue the nuclear generator ... RUSSIA Says 'No' to Nuclear Fusion Plant in Japan Planet Ark, NY MOSCOW - Russia on Thursday declined Japanese pleas to back Tokyo's bid to host a disputed nuclear fusion reactor as the global contest for the multi-billion ... This once-a-day News Alert is brought to you by Google News (BETA)... - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Remove this News Alert: http://www.google.com/newsalerts/remove?s=682e52ddd0720101 Create another News Alert: http://www.google.com/newsalerts Try Google News: http://news.google.com/ ***************************************************************** 43 War Wire: Japanese minister draws blank in Moscow talks on nuclear fusion plant WAR.WIRE MOSCOW (AFP) Jan 15, 2004 Russia Thursday fended off Japanese efforts to win its support for the building of the world's first experimental fusion reactor (ITER) on Japanese territory in preference to a rival bid from France, media reported. Yevgeny Velikhov, Russia's delegate to the international council that is to arbitrate between two the bids, said that Russian and Japanese officials meeting in Moscow had "decided to make the final decision at the next meeting of the ITER Council in Vienna in February," the ITAR-TASS news agency said. Japanese Education, Culture, Sport, Science and Technology Minister Takeo Kawamura held close-door talks with Atomic Energy Minister Alexander Rumyantsev on Thursday in a bid to secure Moscow's backing in the contest to build the first reactor to generate nuclear energy in the same way that the sun does. Nuclear fusion involves bringing atomic particles together rather than splitting them apart. It is regarded as clean and safe, avoiding many of the pollution problems involved in fission, and could theoretically generate energy using sea-water as fuel, but so far scientists have been unable to design a commercially-viable fusion reactor. The site for the first such reactor was due to have been announced in Washington last month at a meeting between participants in the project -- the European Union, the United States, China, Japan, South Korea and Russia. After the failure to reach a consensus, the decision was delayed and is expected to be made in mid-February. The choice of the site must be made by consensus rather than by a simple majority, partly because all parties will be required to fund the project. After Kawamura's talks with Rumyantsev, Velikhov noted that nothing had changed: "Russia and China are inclined to back France, while Seoul and Washington have supported Japan until the last moment," he told ITAR-TASS. Kawamura however said the Japan had still not given up hope of gaining Russia's backing. A Russian expert, Valentin Smirnov of the Kurchatov Research Centre for Nuclear Synthesis, noted that the Japanese-proposed site at Rokkasho, in the norther Aomori prefecture, was "not inferior" to a rival French site at Caradache, near the southern port of Marseille. However France has an edge because the initial expense of running the fusion reactor in Japan would be much higher than in France, he said. A Russian source close to the talks said Moscow had proposed a compromise arrangement under which the reactor would be built at Cadarache while the computer center to control the experimental work could be set up at Rokkasho. The ITER Council might consider the compromise, the source said. The project to build the first fusion reactor is expected to cost more than five billion dollars. "Some two billion dollars have already been used on preparatory work. The country which gains the right to operate the reactor, should cover 42 percent of the cost of the project," ITAR-TASS quoted Velikhov as saying. Kawarmura, heading a 10-strong Japanese delegation, held talks Wednesday with his South Korean counterpart Oh Myung and was due Friday to fly to Beijing for talks with China's science and technology minister Xu Guanhua. WAR.WIRE ***************************************************************** 44 War Wire: Canada withdraws from nuclear fusion project WAR.WIRE MONTREAL (AFP) Jan 15, 2004 Canada announced Thursday that it is withdrawing from the international multi-billion dollar experimental nuclear fusion project ITER. The news is a blow to the project after France proposed this week that Europe could also break from the International Thermonuclear Experimental Reactor (ITER). Canada had once proposed a site near Toronto for the reactor. Now France and Japan are competing for the valuable project. Canada's Natural Resources Minister John Efford sent a letter to other ITER countries on December 23 informing them of the withdrawal, said Murray Stewart, the head of ITER Canada. Another letter to the International Atomic Energy Agency was sent a few days ago. The withdrawal is mainly because of a lack of federal financing. The choice between Japan or France was supposed to have been made in December by delegates from the European Union, the US, China, Japan, South Korea and Russia at a meeting near Washington. But after they failed to reach the required consensus, the decision was delayed, probably until mid-February. Europe has the means to build its own version of the experimental nuclear reactor, but will abide by a choice made between a site in France and one in Japan, an EU spokesman said Tuesday. The European Commission responded after French Prime Minister Jean-Pierre Raffarin said Europe could go it alone on ITER's plan to produce a clean, safe, inexhaustible energy of the future. Japan wants to have the experimental reactor in the village of Rokkasho-mura in Aomori prefecture. France has proposed its southern town of Cadarache. WAR.WIRE ***************************************************************** NOTE: In accordance with Title 17 U.S.C. section 107 this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: *****************************************************************