***************************************************************** 01/16/04 **** RADIATION BULLETIN(RADBULL) **** VOL 12.13 ***************************************************************** 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 Attempt To Pin Nuclear WMD On Iraq?: Experts in Netherlands to Check 2 US: Sf Chronicle: Selling of a war 3 WorldNetDaily: Nuke 'yellowcake' from Iraq found? 4 The Australian: Double-whammy day awaits Blair 5 Las Vegas SUN: IAEA Says Iraq Likely Source of Material 6 AFP: North Korea does not want to be seen as stalling talks 7 Guardian Unlimited: Time on our side, Kim tells US 8 US: Las Vegas SUN: Editorial: Ensign takes high road on stalled ener 9 US: Waste News: Al Gore assails Bush administration´s environmental 10 Guardian Unlimited: Libya's black market deals shock nuclear inspect 11 War Wire: US dispatches diplomat to Libya ahead of IAEA consultation 12 REGIONAL FARE: India, Pak told to dismantle n-weapons 13 Las Vegas SUN: Russia, China Try to Broker Nuclear Talks 14 War Wire: Britain, US to meet with UN nuclear watchdog on Libya NUCLEAR REACTORS 15 US: NRC: System Energy Resources, Inc; Notice of Hearing and Opportu 16 North County Times: Reactor shipment gets friction from Argentina 17 US: Brattleboro Reformer: Board hints at outside review of VY 18 US: wnbc.com Union: Nuclear Plant Workers Likely To Go On Strike 19 Sofia: Atomic Energy of Canada: Weight up Pros, Cons from Bulgaria's 20 War Wire: Hungarian nuclear plant, Framatome settle out of court ove NUCLEAR SAFETY 21 [DU-WATCH] DU - Palestine 22 US: [RADFOOD] Take Action! Protect COOL! 23 [du-list] Depleted Uranium in the Aegean 24 NYT: Suspect Dutch Material Said to Be Uranium 25 US: Las Vegas SUN: Lung disease screenings available 26 US: Hawk Eye: Planned burning of IAAP buildings draw concerns 27 US: HollandSentinel.com: Grant will help buy radiation equipment 28 US: UCSC: New study shows exposure to depleted uranium NUCLEAR FUEL CYCLE 29 US: Panel says Energy Dept. can't justify relaxed testing of 30 US: [epa-impact] West Valley Demonstration Project Final Waste Manag 31 US: [epa-impact] List of Approved Spent Fuel Storage Casks: NAC-UMS 32 US: sacbee.com: Panel says Energy Department must test nuclear waste 33 Las Vegas RJ: Screening program started 34 Las Vegas RJ: EDITORIAL: Yucca goes to court 35 Las Vegas RJ: Lawyer relays good news, bad news on Yucca Mountain co 36 US: Baltimore Sun: Nuclear waste change opposed 37 Pahrump Valley Times: Nuke route a funny way to think 38 AU ABC: Reprocessed fuel rods found in N Korea. 39 Pahrump Valley Times: YUCCA MOUNTAIN Judges weigh state's case NUCLEAR WEAPONS US DEPT. OF ENERGY 40 DOE: Health Effects Subcommittee 41 DOE: Environmental Management Site-Specific Advisory Board, Rocky 42 DOE: West Valley Demonstration Project Final Waste Management 43 North County Times: UC officials keep options open on weapons labs 44 El Paso Times: DOE sets meetings on permit changes 45 Tri-Valley Herald: UC allowed assistance to run labs 46 SF Chronicle: 2 UC regents push for in-depth talks on bidding to man 47 U.S. Newswire: DOE to Open New Lexington, Kentucky Program Office 48 Oak Ridger: Construction of uranium-related facilities may start in 49 Oak Ridger: CROET wins award from business magazine 50 Oak Ridger: Commissioner says he'll help get DOE money for county 51 Oak Ridger: Y-12 security review deemed 'pretty ugly' 52 Paducah Sun: Lexington opens DOE office OTHER NUCLEAR 53 Google News Alert - nuclear ***************************************************************** ***************************************************************** FULL NEWS STORIES ***************************************************************** ***************************************************************** 1 Attempt To Pin Nuclear WMD On Iraq?: Experts in Netherlands to Check Box That Held Nuclear Material Date: Fri, 16 Jan 2004 15:12:14 -0500 http://www.nytimes.com http://snipurl.com/3vjj http://www.nytimes.com/2004/01/16/international/eu rope/16YELL.html Experts in Netherlands to Check Box That Held Nuclear Material By GREGORY CROUCH Published: January 16, 2004 IJMEGEN, the Netherlands, Jan. 15 - Nuclear inspectors arrived in the Netherlands this week to examine a shipping container from the Middle East that was found to contain a small amount of uranium oxide, a low-level radioactive material that can be processed for use in a nuclear weapon. Advertisement Dutch officials confirmed Thursday that representatives from the International Atomic Energy Agency investigated the discovery of about two pounds of uranium oxide, or yellowcake, found last month inside a container at a scrap steel company in Rotterdam. Their findings have not been released. A newspaper, the NRC Handelsblad, quoted an official of Jewometaal Stainless Processing, where the uranium oxide was discovered, as saying that he was "99.9 percent certain that this stuff is actually from Iraq" but officials of the Dutch government were more guarded. "The only thing I know for sure is that this shipment was sent from Jordan," said Wim van der Weegen, a spokesman for the Ministry of Housing, Spatial Planning and the Environment. "Anything beyond that is speculation." Paul de Bruin, a spokesman for Jewometaal, told the Associated Press that the shipment was handled by a Jordanian exporter he has known for 15 years, who insists the material was from Iraq. Dutch officials said Jewometaal s employees and nearby residents were never in any danger because the uranium oxide was not highly radioactive. Mr. van der Weegen said experts told him uranium oxide has to be refined using sophisticated and elaborate measures before it can be turned into enriched uranium for possible use in nuclear weapons. Also, according to experts, Mr. van der Weegen said, the amount of material discovered in Rotterdam was too small to be of any use. ***************************************************************** 2 Sf Chronicle: Selling of a war EDITORIAL Tuesday, January 13, 2004 [San Francisco Chronicle] "INTELLIGENCE gathered by this and other governments leaves no doubt that the Iraq regime continues to possess and conceal some of the most lethal weapons ever devised," said President Bush in a national address on March 17, 2003. A majority of Americans believed him. In fact, more than half the public thought that Saddam Hussein not only had close links with al Qaeda terrorist networks, but had a role in the terrorist attacks of Sept. 11, 2001. But it was not true. The Bush administration used innuendo and exaggerated evidence to persuade the American people that a pre-emptive war against Iraq was necessary to protect the nation from terrorism. Now, the use of that distorted evidence is coming back to haunt the Bush administration. Consider: -- An extensive study by the nonpartisan Carnegie Endowment for International Peace concluded that the Bush administration "systematically misrepresented" intelligence assessments to the American people. -- The U.S. Army's premier academic institution, the War College, issued a scathing report, criticizing the Bush administration for pursuing an "unnecessary" war in Iraq that has left the Army "near the breaking point." Authored by Jeffrey Record, a visiting professor at the Air War College at Maxwell Air Force Base in Alabama, the report argued that Iraq was "a war-of- choice distraction from the war of necessity'' against al Qaeda. -- Former Treasury Secretary Paul O'Neill, fired by Bush for opposing a second round of tax cuts, now says that shortly after taking office, senior Bush administration officials began to plan for regime change in Iraq. In "The Price of Loyalty," written by former Wall Street Journal reporter and Pulitzer prize-winner Ron Suskind, O'Neill argues that neither Bush nor his senior officials questioned why a war against Iraq was necessary; instead, they discussed how to make it happen. -- Kenneth Pollack, a former national security official in the Clinton administration and author of "The Threatening Storm: The Case for Invading Iraq," wrote in Atlantic magazine that estimates of Iraq's capabilities to build weapons of mass destruction were hugely exaggerated. -- Barton Gellman, who interviewed key Iraqi scientists and members of American weapons search teams, reported in the Washington Post that sanctions and arms embargoes had ended Iraq's efforts to produce weapons of mass destruction. These recent reports and revelations are clearly unsettling to people who have trusted their president. But they do support the many defense analysts and experts who, before the war, argued that Iraq did not represent an imminent danger to the United States. We support the Carnegie report's call for an independent commission to investigate the administration's alleged misuse of intelligence evidence. If this really was a "war of choice," the American people have a right to hold their government accountable. · ©2004 San Francisco Chronicle ***************************************************************** 3 WorldNetDaily: Nuke 'yellowcake' from Iraq found? JANUARY 16 2004 IAEA probing discovery of uranium oxide in shipment of scrap steel Posted: January 16, 2004 A shipment of scrap steel believed to be from Iraq contains radioactive material known as yellowcake, according to a recycling company in the Netherlands. The shipment was passed on from a Jordanian metal dealer who claims he was unaware it included uranium oxide, the Associated Press reported. The material, which can be used to make nuclear weapons, was at the center of a controversy last year over President Bush's reference in his State of the Union address to a report Iraq was seeking to purchase it in Africa. Key documents supporting the claim were found later to be forgeries, but the U.S. said its original information about the alleged attempt to buy yellowcake from Niger came from British intelligence. The UK's Foreign Office still stands on its claim. Paul de Bruin, spokesman for Rotterdam-based Jewometaal, told the AP he has dealt with the Jordanian dealer for 15 years, and the man is convinced the material came from Iraq. De Bruin has been told to not reveal the dealer's name, however, because the find is being investigated. Uranium oxide is not highly radioactive, experts say, but with advanced technology can be processed into enriched uranium, suitable for a nuclear weapon. The Dutch Environment Ministry confirmed yesterday Jewometaal reported the find Dec. 16, the AP said. The International Atomic Energy Agency visited Rotterdam Wednesday but had no further comment, the newswire reported. Environment Ministry spokesman Wim Van der Weegen said the material was discovered in a small steel industrial container used to connect pipes or electrical wires. Dr. Alan Ketering, a researcher at the nuclear research plant at the University of Missouri-Columbia, told the AP yellowcake has no non-nuclear industrial use. It would be strange to find it in random scrap metal, he said. [WorldNetDaily.com] webmaster@worldnetdaily.com ***************************************************************** 4 The Australian: Double-whammy day awaits Blair 17 January 2004 By Peter Wilson, Europe correspondent TONY Blair faces the most nervous 24 hours of his six years as British Prime Minister following the announcement that the two biggest issues hanging over his Government will come to a head at almost the same time later this month. Senior judge Brian Hutton said yesterday he would release his report into the apparent suicide of weapons scientist David Kelly on January 28, less than a day after Mr Blair faces a backbench revolt against his plan to impose new fees on university students. The Hutton inquiry has been one of the biggest controversies faced by the Labour Government since its election in 1997. Lord Hutton might criticise Mr Blair, his Defence Secretary Geoff Hoon, the BBC and senior public servants over their events leading up to Kelly's death. But the timing of the report's release will actually help the Government on the crucial university fees votes which begin at 7pm the previous night, because many wavering MPs may feel they have to back their leader on the eve of the Hutton report. The revolt by left-leaning Labour MPs could see the defeat of the proposed new university fees, which have much in common with Australia's university funding system, because the Conservatives are also opposed to the planned user-pays system. Mr Blair yesterday increased the pressure on Labour MPs to rally behind him by deliberately lifting the stakes over the university fees debate, on which a defeat could force a vote of no-confidence on his leadership. "There is no point in doing the job (of Prime Minister) unless you carry these things through, and that's why we will do it," he said. Barring any major shocks the Hutton report is unlikely to cost Mr Blair his job, with the William Hill betting agency yesterday saying there was only a 20-1 chance of him resigning by the end of the month. Liberal Democrat frontbencher Menzies Campbell said yesterday that Mr Blair faced "the biggest week in the history of this Government". But Sir Menzies's own party leader, Charles Kennedy, played down the chances the Hutton report would cost Mr Blair his job. "I think there will be legitimate criticism of government decision-making processes and of the BBC," he said. "Whether that's a resignation issue, I think we are quite a long way from that." Kelly slashed his wrists in July after being named by the Government as the source of a contentious BBC radio news report which accused the Government of "sexing up" its dossier on Iraq's nuclear, chemical and biological weapons. © The Australian ***************************************************************** 5 Las Vegas SUN: IAEA Says Iraq Likely Source of Material Today: January 16, 2004 at 9:10:13 PST By TOBY STERLING ASSOCIATED PRESS AMSTERDAM, Netherlands (AP) - The U.S. nuclear watchdog confirmed Friday that Iraq was the likely source of radioactive material known as yellowcake that was found in a shipment of scrap metal at Rotterdam harbor. Yellowcake, or uranium oxide, could be used to build a nuclear weapon, although it would take tons of the substance refined with sophisticated technology to harvest enough uranium for a single bomb. A spokeswoman for the International Atomic Energy Agency said the Rotterdam specimen was scarcely refined at all from natural uranium ore and may have come from a known mine in Iraq that was active before the 1991 Gulf War. "I wouldn't hype it too much," said spokeswoman Melissa Fleming. "It was a small amount and it wasn't being peddled as a sample." The yellowcake was uncovered Dec. 16 by Rotterdam-based scrap metal company Jewometaal, which had received it in a shipment of scrap metal from a dealer in Jordan. Company spokesman Paul de Bruin said the Jordanian dealer didn't know that the scrap metal contained any radioactive material. He said the dealer was confident the yellowcake, which was contained in a small steel industrial container, came from Iraq. Jewometaal detected the radioactive material during a routine scan and called in the Dutch government, which in turn asked the IAEA to examine it. Fleming said the agency will compare the chemical composition of the sample to other samples of ore taken from Iraq's al-Qaim mine, which was bombed in 1991 and dismantled in 1996-97. She estimated that the Rotterdam sample contained around 5 1/2 pounds of uranium oxide. 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. -- ***************************************************************** 6 AFP: North Korea does not want to be seen as stalling talks : ex-US official WASHINGTON (AFP) Jan 16, 2004 A former US envoy who was last week shown North Korea's controversial nuclear complex said the United States can still talk the regime out of building nuclear weapons. Jack Pritchard, a past negotiator with North Korea, would not say whether he had seen material that could be used in making bombs. But he said: "There was some practical discussion that focused on forging a deal in six-nation talks, which include the United States." "They don't want to be seen as the obstacle to six-party talks." Pritchard was part of an unofficial delegation that was shown an empty holding pond at the North's Yongbyon plant that once contained 8,000 spent nuclear fuel rods. But he would not say whether North Korea had shown them nuclear bomb-making materials or what had happened to the rods. "The North Koreans said they had moved them for reprocessing" into plutonium, he said. Plutonium is needed for a nuclear weapon. "I continue to believe that they have a (highly enriched uranium) program," he said. Pritchard deferred to Siegfried Hecker, former director of the nuclear Los Alamos National Laboratory, who was also on the trip and who is to speak to Congress Tuesday. Pritchard said Hecker had briefed Energy Secretary Spencer Abraham. Pritchard spoke at the Brookings Institution, a Washington think-tank, about his five-day trip with Hecker and three others to North Korea. Pritchard was present at a October 2002 meeting when the United States said North Korea admitted to having a clandestine enrichment program. That admission sparked the latest nuclear standoff. The United States said North Korea had breached a 1994 agreement in which it had agreed to abandon its nuclear weapons program in exchange for fuel oil and two light-water reactors. North Korea demanded a US promise of non-aggression. Six-nation talks between China, the United States, the two Koreas, Russia and Japan were held in August but ended inconclusively. John Lewis, a scholar at Stanford University, led the unofficial delegation to Pyongyang. Congressional staffers Frank Jannuzi and Keith Luse were also on the trip. Pritchard said that during the visit, North Korean Vice Foreign Minister Kim Gae Gwan denied that Pyongyang did not have a program, the equipment or the scientists to create the enriched uranium needed for a bomb. Pritchard said Kim warned him: "Time is not on your side." "'As time goes by, we are increasing our arsenal,' is their message," Pritchard said. North Korea offered recently to freeze its nuclear weapons drive in return for concessions, including an end to US sanctions and a resumption of energy aid. Washington is holding out for a commitment from Pyongyang to scrap its nuclear programs. Pritchard said he asked North Korean officials what it would take to satisfy the United States. "They did not say what the price tag was," he said. WAR.WIRE ***************************************************************** 7 Guardian Unlimited: Time on our side, Kim tells US Jonathan Watts in Beijing Saturday January 17, 2004 The Guardian Scientists and diplomatic experts from the US have confirmed that North Korea's Yongbyon nuclear plant is operational and its spent fuel rods have been removed from a storage pool. The findings, which will raise concerns about North Korea's ability to reprocess nuclear fuel into weapons grade material, were released after the first foreign visit to Yongbyon since the start of the year-long crisis. Jack Pritchard, a former state department diplomat who was among the unofficial delegation, said he had been warned by the North Korean vice-foreign minister, Kim Kye Gwan, that "time is not on the US side". Speaking in Washington after a debriefing, Mr Pritchard quoted Mr Kim as saying: "The lapse of time will result in the quantitative and qualitative increase in our nuclear deterrent." The world's last cold war standoff entered a new and dangerous phase in October 2002 when US officials said North Korea had admitted to a secret uranium enrichment programme. Despite China's efforts to broker a compromise, Pyongyang and Washington have been unable to find sufficient common ground to set the date for a new round of six-country peace talks. The Bush administration insists that North Korea must "verifiably and irrevocably" scrap its nuclear weapons programme before it will be provided with a security guarantee and economic aid. North Korea is demanding "simultaneous steps" - equivalent, it says, to both Washington and Pyongyang lowering their guns at the same time. Guardian Newspapers Limited ***************************************************************** 8 Las Vegas SUN: Editorial: Ensign takes high road on stalled energy bill We agreed with every criticism that Sen. John Ensign, R-Nev., unleashed against the energy bill last year as Congress debated its merits. Ensign noted that the bill, crafted in secret by Vice President Dick Cheney and representatives from private energy corporations, had numerous flaws. We agreed that the bill is laden with unnecessary spending and that its huge subsidies for the nuclear power industry are highly objectionable -- particularly when the plan for deadly nuclear waste is to dump it at Yucca Mountain in Southern Nevada. We were concerned, however, when Ensign voted on Nov. 21 to end the Senate's filibuster of the bill. Passed easily by the House, the bill would have passed in the Senate, too, if not for the filibuster, which is supported by Nevada's Democratic Sen. Harry Reid. Fortunately, the move to end the filibuster came up short by three votes. This week Ensign said that he will not support any new efforts to break the filibuster and will work against the energy bill in all ways available to him. We agree with his new stand and respect him for making a difficult decision to part with the sizable majority in his party in order to work for what is best for both Nevada and the country's energy future. ***************************************************************** 9 Waste News: Al Gore assails Bush administration´s environmental policies NEW YORK (Jan. 16) -- Former Vice President Al Gore, who lost a bitterly contested presidential campaign to George Bush four years ago, called Bush a "moral coward" during a Jan. 15 speech and attacked the administration´s environmental policies. Gore, speaking in New York City, accused Bush of reneging on a campaign promise to regulate emissions of carbon dioxide, a greenhouse gas, from power plants and industrial sources. He also accused the administration of ignoring scientific evidence and participating with the business community in a "massive disinformation campaign" using "pseudo science" to mislead the public by downplaying the threat of global warming and the impact of carbon dioxide emissions. "It seems at times as if the Bush-Cheney administration is wholly owned by the coal, oil, utility and mining industry," Gore said. "While President Bush likes to project an image of strength and courage, the real truth is that in the presence of his large financial contributors, he is a moral coward so weak that he seldom if ever says no to anything that they want to do, no matter what the public interest at stake is." Gore was speaking at a gathering organized by Moveon.org, a political activist group that is opposing Bush´s re-election. Gore delivered his speech during of one of New York City´s most severe winter cold spells in decades. Sen. James Inhofe, R-Okla., who has previously said that global warming may prove to be a hoax, said after Gore´s speech that only 30 years ago the scientific community expressed concerns about whether the Earth´s surface was cooling. Now the threat is from warming. "What this shows is that, at times, emotion, politics, shortsightedness, and alarmism can overwhelm objectivity," Inhofe said. "Legislators must filter out these influences and follow the best science when crafting public policy." Rep. C.L. "Butch" Otter, R-Idaho, also defended Bush´s environmental policies as striking a common-sense balance between environmental concerns and national security and economic concerns. "We all want clean water, clean air, pristine vistas and an unspoiled legacy for our children and grandchildren," Otter said. "But we also need to make a living, put food on the table and pay our taxes. Luckily, President Bush recognizes those realities, and his environmental policies reflect them." Otter criticized Democrats for standing in the way of environmental progress. "While blasting the president for not toeing the traditional environmentalist line, Mr. Gore´s obstructionist allies in the Senate are standing in the way of a comprehensive national energy policy that includes progress on wind, solar and hydrogen research, the next generation of nuclear reactors, clean-coal technology and other real-world solutions," Otter said. Ed Gillespie, Republican National Committee chairman, accused Gore of negative politics. "Like the Democrat presidential candidates, Al Gore has once again chosen to use his time at the podium to attack the president rather than put forward a positive agenda of his own," Gillespie said. Entire contents copyright 2004 by Crain Communications Inc. ***************************************************************** 10 Guardian Unlimited: Libya's black market deals shock nuclear inspectors Ian Traynor in Vienna Saturday January 17, 2004 The Guardian Colonel Muammar Gadafy of Libya has been buying complete sets of uranium enrichment centrifuges on the international black market as the central element in his secret nuclear bomb programme, according to United Nations nuclear inspectors. The ease with which the complex bomb-making equipment was acquired has stunned experienced international inspectors. The scale and the sophistication of the networks supplying so-called rogue states seeking nuclear weapons are considerably more extensive than previously believed. The purchase of full centrifuges, either assembled or in parts, marks a radical departure in what is on offer on the black market, sources said. While it is not yet clear where Col Gadafy obtained the centrifuge systems, at least 1,000 machines, believed to have been made in Malaysia, were seized last October by the Italian authorities on a German ship bound for Libya. Diplomatic sources familiar with the results of a recent visit to Libya by nuclear experts from the International Atomic Energy Agency (IAEA) said the Gadafy bomb programme differed in crucial respects from nuclear projects in Iran, Iraq or North Korea. "What was found in Libya marks a new stage in proliferation," said one knowledgeable source. "Libya was buying what was available. And what is available, the centrifuges, are close to turnkey facilities. That's a new challenge. Libya was buying something that's ready to wear." As the climax to nine months of secret negotiations with British and US intelligence, Col Gadafy announced last month that he was renouncing his weapons of mass destruction programmes after purchasing what sources said were "a few thousand" centrifuges for enriching uranium to weapons grade. Another well-placed source said: "We all now realise there is this extraordinarily developed and sophisticated market out there enabling anyone to get this centrifuge equipment." Mohammed El Baradei, the IAEA chief, visited Libya a couple of weeks ago to view the Libyan equipment and take charge of the upcoming effort to dismantle the Libyan bomb programme. He described the experience as "an eye-opener". A centrifuge is made up of hundreds of separate components. Typically, a country covertly seeking the uranium enrichment technology will seek to cover its tracks by obtaining a design blueprint and then purchasing the varied components separately from different suppliers. The German ship was seized by Italians after a tip-off from the CIA. Knowledgeable sources said the centrifuges on board were "made-to-order" in Malaysia for Libya, based on designs directly or indirectly from Pakistan. While US government sources have claimed that the seizure persuaded Col Gadafy to do his deal with Washington and London, diplomats and analysts closely following the nuclear trade are convinced that the ship was impounded because of information provided by the Libyans. According to this version circulating in Vienna, headquarters of the IAEA, Col Gadafy told the CIA about the shipment as a goodwill gesture to convince the Americans and the British that he was committed to the deal being negotiated. A Finnish expert leading the IAEA investigations into the Libyan and Iranian nuclear projects has so far been denied access to the equipment impounded by the Italians, apparently because of the tug-of-war between the Americans and the Vienna agency over how to dismantle the Libyan programme. Senior US and British officials are due in Vienna on Monday to negotiate with Dr El Baradei over how to proceed in Tripoli. The Americans will be led by John Bolton, the hawk in charge of nuclear proliferation issues at the State Department. He has a reputation for scorning the UN agencies and his officials disparaged the El Baradei trip to Tripoli as a publicity stunt. Guardian Newspapers Limited ***************************************************************** 11 War Wire: US dispatches diplomat to Libya ahead of IAEA consultations WAR.WIRE WASHINGTON (AFP) Jan 16, 2004 The United States has dispatched a diplomat to Tripoli to prepare for visits by US and British arms inspectors who will assist Libya in meeting its pledge to dismantle its weapons of mass destruction programs, diplomatic sources said Friday. The diplomat, a mid-level State Department official who specializes in the Middle East, arrived in Libya earlier this week to begin the groundwork needed for the inspection teams, the sources told AFP on condition of anonymity. "We understand this is purely advance work that will involve logistics, not policy, not inspections, not verification," said one source. A second source said the diplomat had arrived in Tripoli on Tuesday to help with "facilitating" visits to Libya by the larger teams that are expected to included between 12 and 15 people. The State Department would neither confirm nor deny that the diplomat was on the ground, but spokesman Richard Boucher said US officials would travel to Libya occasionally as the disarmament process continues. "From time to time, we will send people into Libya to help in that work, but I am not going to have any details on specific travel for you," he told reporters. Boucher did say that the top US diplomat for arms control, John Bolton, would attend a meeting on Monday with the head of the International Atomic Energy Agency to discuss its role in dealing with Libya's nuclear weapons program. Bolton and his British counterpart William Ehrman are to see IAEA chief Mohamed ElBaradei in a bid to end what appears to be a turf battle over Libya between the UN atomic watchdog and Washington and London which negotiated the disarmament agreement with Tripoli in secret talks last year. Bolton "looks forward to productive meetings with the director general and anticipates he'll have progress in ensuring our cooperation between the IAEA and the United States and the United Kingdom and Libya," Boucher said. Bolton also expects to ensure "that the trilateral elimination of mass destruction initiative proceeds smoothly," Boucher added, referring to the US-British-Libyan agreement that was reached without IAEA involvement. US officials have privately expressed concerns that the IAEA, with which they had disagreements in the run-up to the war in Iraq, might try to exceed its mandate in Libya and are insisting that US and British experts take the lead in verifying Tripoli's pledge. But the IAEA has been adamant that it is the sole agency monitoring nuclear proliferation, according to diplomats in Vienna where the agency is based. Earlier Friday in Vienna, IAEA spokesman Mark Gwozdecky said consultations between the agency, the United States and Britain was ongoing. "We are coordinating closely with the British, US and other governments to ensure a common understanding or our respective operational roles with regard to Libya's implementation of its bilateral and international commitments for the elimination of its WMD and related capabilities," he said. WAR.WIRE ***************************************************************** 12 REGIONAL FARE: India, Pak told to dismantle n-weapons NT Bureau Chennai, Jan 16: India and Pakistan should take steps to destroy its nuclear arsenals in order to make the South Asian region as a nuclear weapons- free region, John Hallam, head, Nuclear Disarmament, Friends of the Earth (FoE), has said. Speaking to mediapersonsTuesday at Chennai Press Club, Hallam said FoE was a Australia- based non- governmental organisation (NGO) which had been working on various issues like nuclear arsenals that would directly affect the people. In the present context, he said, after the South Asian Association for Regional Cooperation (SAARC) meeting that was held recently in Islamabad, both New Delhi and Islamabad had decided to hold regular talks. So, this was the right time for them to take a decision on dismantling nuclear weapons from the sub- continent. It would also help in making the entire sub- continent as world's safest place to live in. Referring to his letters that he had wrote to the heads of both the countries on nuclear disarmament, the Australian peace activist noted that he had sent his first letter way back in 1998 and the second letter recently. However, he said, 'there was no official response from both the countries to these letters.' Further, he stressed on disclosing to public the safety aspects taken by both the nations in their respective nuclear power plants. 'Every thing related to safety aspects of nuclear power plants should be disclosed to public by the government. They (people) have the right to know on the safety aspects of the power plants'. To disclose these details and to dismantle nuclear weapons as a whole, he said heads of both the nations need a political will in taking a decision on it. ***************************************************************** 13 Las Vegas SUN: Russia, China Try to Broker Nuclear Talks Return to the . ----------------------------------------------------------------- Today: January 16, 2004 at 11:45:18 PST Russia, China Try to Broker Nuclear Talks By HANS GREIMEL ASSOCIATED PRESS SEOUL, South Korea (AP) - Russia and China tried to broker new talks on the North Korean nuclear crisis Friday amid warnings from Pyongyang that every delay gives the communist nation more time to build a bigger and better atomic arsenal. South Korea, meanwhile, chose a new foreign minister, restoring stability to its diplomatic corps after an upheaval over how to balance relations with North Korea and the United States, Seoul's biggest ally. Ban Ki-moon, a 60-year-old former vice foreign minister, was named new top diplomat after Yoon Young-kwan rattled the nation Thursday by resigning. Yoon's departure was seen as bolstering the influence of presidential aides who preach greater independence from the United States. Vowing not to "kowtow" to Washington, President Roh Moo-hyun took office last year promising greater openness to the North. Ban, a 60-year-old career diplomat, served as vice foreign minister in the government of Roh's predecessor, former President Kim Dae-jung, who initiated the "sunshine" policy of seeking reconciliation with North Korea. National Security Adviser Ra Jong-Yil said Thursday that Ban's appointment was "not going to affect our alliance" with the United States, adding that "there is not going to be much difference" in the administration's foreign policy. Russian Foreign Minister Igor Ivanov returned from a two-day visit to Beijing on Friday and said China and Moscow were trying to encourage dialogue between North Korea and the United States. But, Ivanov added, Russia and China were not planning any joint action on North Korea's nuclear program other than coordinating efforts on the six-nation talks, the Interfax news agency reported. The United States, China, Russia, Japan and the two Koreas have been trying for months to restart another round of six-nation talks on persuading North Korea to give up its nuclear weapons program. A first round ended in Beijing in August without much progress. Ivanov said China and Russia want to work toward a nuclear-free Korean peninsula. The developments come a day after an American who recently visited North Korea said he was told that the communist government sees every delay in negotiations as a chance to strengthen its "nuclear deterrent." Charles Pritchard, a former State Department official, met the North Koreans last week as part of a private visit that included a trip with American colleagues to the country's main nuclear site at Yongbyon. Speaking Thursday in Washington, Pritchard said he was told by North Korean Vice Foreign Minister Kim Kye Gwan: "Lapses of time will result in quantitative and qualitative increases in our nuclear deterrent. "Time is not on the U.S. side," Kim reportedly said. North Korea has insisted it needs nuclear weapons as a deterrent against a possible U.S. attack. But it says it will freeze its nuclear programs as a first step in talks if Washington lifts sanctions against the North, resumes oil shipments, and removes North Korea from the U.S. State Department's list of countries that sponsor terrorism. The United States has responded that North Korea must first verifiably begin dismantling its nuclear programs before receiving any concessions. The nuclear dispute flared in October 2002 when U.S. officials accused North Korea of running a secret nuclear program in violation of a 1994 deal requiring the North to freeze its nuclear facilities. Washington and its allies have since cut off free oil shipments, also part of the 1994 accord. -- ***************************************************************** 14 War Wire: Britain, US to meet with UN nuclear watchdog on Libya WAR.WIRE VIENNA (AFP) Jan 16, 2004 High-level British and US government officials and technical experts are to meet in Vienna on Monday with the UN nuclear watchdog to discuss monitoring Libya's promise to dismantle its programs to develop weapons of mass destruction, Vienna-based diplomats said. They did not provide details. Officials of the Vienna-based International Atomic Energy Agencyrefused to comment on the report. But IAEA spokesman Mark Gwozdecky told AFP: "We are coordinating closely with the British, US and other governments to ensure a common understanding or our respective operational roles with regard to Libya's implementation of its bilateral and international commitments for the elimination of its WMD (weapons of mass destruction) and related capabilities. "Discussions are continuing over the coming days," Gwozdecky said. WAR.WIRE ***************************************************************** 15 NRC: System Energy Resources, Inc; Notice of Hearing and Opportunity FR Doc 04-682 [Federal Register: January 16, 2004 (Volume 69, Number 11)] [Notices] [Page 2636-2637] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr16ja04-110] To Petition for Leave To Intervene Early Site Permit for the Grand Gulf ESP Site Pursuant to the Atomic Energy Act of 1954, as amended (the Act), and the regulations in Title 10 of the Code of Federal Regulations, Part 50, Domestic Licensing of Production and Utilization Facilities, Part 52, Early Site Permits, Standard Design Certifications, and Combined Licenses for Nuclear Power Plants, and Part 2, Rules of Practice for Domestic Licensing Proceedings and Issuance of Orders, notice is hereby given that a hearing will be held, at a time and place to be set in the future by the United States Nuclear Regulatory Commission (NRC, the Commission) or designated Atomic Safety and Licensing Board (Board). The hearing will consider the application dated October 16, 2003, filed by System Energy Resources, Inc. (SERI), a subsidiary of Entergy Corporation, pursuant to Subpart A of 10 CFR Part 52 for an early site permit (ESP). The application requests approval of a site for which it has 90 percentage ownership in Claiborne County, Mississippi, approximately 25 miles south of Vicksburg, Mississippi, 6 miles northwest of Port Gibson, Mississippi, and 37 miles north-northeast of Natchez, Mississippi, as a location for one or more new nuclear reactors that would, if authorized for construction and operation in a separate licensing proceeding under Subpart C of 10 CFR Part 52 or under 10 CFR Part 50, have a capacity of no more than 8600 Megawatts (thermal) additional for the site. SERI has the exclusive rights to develop the Grand Gulf site property outside the existing power plant and support facilities. South Mississippi Electric Power Association maintains a 10 percentage ownership interest in the property associated with the existing Grand Gulf Nuclear Station power plant and support facilities. The docket number established for this application is 52-009. The hearing will be conducted by a Board which will be designated by the Chairman of the Atomic Safety and Licensing Board Panel or by the Commission. Notice as to the membership of the Board will be published in the Federal Register at a later date. The NRC staff will complete a detailed technical review of the application and will document its findings in a safety evaluation report (SER) and an environmental impact statement (EIS). In addition, the Commission will refer a copy of the application to the Advisory Committee on Reactor Safeguards (ACRS) in accordance with 10 CFR 52.23, and the ACRS will report on those portions of the application that concern safety. Upon receipt of the ACRS report and completion of the Nuclear Regulatory Commission (NRC) staff's SER and EIS, the Director, Office of Nuclear Reactor Regulation, NRC, will propose findings on the following issues: Issues Pursuant to the Atomic Energy Act of 1954, as Amended (1) Whether the issuance of an ESP will be inimical to the common defense and security or to the health and safety of the public (Safety Issue 1); and, (2) whether, taking into consideration the site criteria contained in 10 CFR Part 100, a reactor, or reactors, having characteristics that fall within the parameters for the site, can be constructed and operated without undue risk to the health and safety of the public (Safety Issue 2). Issue Pursuant to the National Environmental Policy Act (NEPA) of 1969, as Amended Whether, in accordance with the requirements of Subpart A of 10 CFR Part 51, the ESP should be issued as proposed. The Board will conduct the hearing in accordance with Subpart G of 10 CFR Part 2. If the hearing is contested as defined by 10 CFR 2.4, the presiding officer will consider Safety Issues 1 and 2 and the issue pursuant to NEPA set forth above. If the hearing is not a contested proceeding as defined by 10 CFR 2.4, the presiding officer will determine: whether the application and the record of the proceeding contain sufficient information, and the review of the application by the Commission's staff has been adequate to support a negative finding on Safety Issue 1 above, and an affirmative finding on Safety Issue 2 above, as proposed to be made by the Director, Office of Nuclear Reactor Regulation; and whether the review conducted by the Commission pursuant to NEPA has been adequate. Regardless of whether the proceeding is contested or uncontested, the presiding officer will: (1) Determine whether the requirements of Section 102(2) (A), (C), and (E) of NEPA and Subpart A of 10 CFR Part 51 have been complied with in the proceeding; (2) independently consider the final balance among the conflicting factors contained in the record of the proceeding with a view to determining the appropriate action to be taken; and (3) determine, after considering reasonable alternatives, whether the ESP should be issued, denied, or appropriately conditioned to protect environmental values. In accordance with 10 CFR 2.714, any person whose interest may be affected by this proceeding and who desires to participate as a party shall file a written petition for leave to intervene. Petitions must set forth with particularity the interest of the petitioner in the proceeding, how that interest may be affected by the results of the proceeding, including the reasons why the petitioner should be permitted to intervene with particular reference to the factors set forth in 10 CFR 2.714(d)(1), and the specific aspect or aspects of the subject matter of the proceeding as to which the petitioner wishes to intervene. The Commission, the presiding officer, or the Atomic Safety and Licensing Board designated to rule on petitions to intervene shall, in ruling on petitions to intervene, consider the following factors, among other things: (1) The nature of the petitioner's right under the Act to be made a party to the proceeding, (2) the nature and extent of the petitioner's property, financial, or other interest in the proceeding, and (3) the possible effect of any order that may be entered in the proceeding on the petitioner's interest. All such petitions must be filed no later than 30 days from the date of publication of this notice in the Federal Register. Nontimely filings will not be entertained absent a determination by the Commission, the presiding officer, or the Atomic Safety and Licensing Board designated to rule on the petition, that the petition should be granted based upon a balancing of the factors specified in 10 CFR 2.714(a)(1)(i)-(v). The Board will convene a special prehearing conference of the parties to the proceeding and persons who have filed petitions for leave to intervene, or their counsel, to be held at such times as may be appropriate, at a place to be set by the Board for the purpose of dealing with the matters specified in 10 CFR 2.751a. Notice of this special prehearing conference will be published in the Federal Register. The Board will [[Page 2637]] convene a prehearing conference of the parties, or their counsel, to be held subsequent to any special prehearing conference, after discovery has been completed, or within such other time as may be appropriate, at a time and place to be set by the Board for the purpose of dealing with the matters specified in 10 CFR 2.752. Not later than fifteen (15) days prior to the holding of the special prehearing conference pursuant to Sec. 2.751a, or if no special prehearing conference is held, fifteen (15) days prior to the holding of the first prehearing conference, the petitioner shall file a supplement to his or her petition to intervene that must include a list of the contentions which petitioner seeks to have litigated in the hearing. A petitioner who fails to file a supplement that satisfies the requirements of 10 CFR 2.714(b)(2) with respect to at least one contention will not be permitted to participate as a party. Additional time for filing the supplement may be granted based upon a balancing of the factors in 10 CFR 2.714(a)(1). Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner shall provide the following information with respect to each contention: (1) A brief explanation of the bases of the contention, (2) a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing, together with references to those specific sources and documents of which the petitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion, and (3) sufficient information (which may include information pursuant to 10 CFR 2.714(b)(2)(i) and (ii)) to show that a genuine dispute exists with the applicant on a material issue of law or fact. This showing must include references to the specific portions of the application (including the applicant's environmental report and safety report) that the petitioner disputes and the supporting reasons for each dispute, or, if the petitioner believes that the application fails to contain information on a relevant matter as required by law, the identification of each failure and the supporting reasons for the petitioner's belief. On issues arising under NEPA, the petitioner shall file contentions based on the applicant's environmental report. The petitioner can amend those contentions or file new contentions if there are data or conclusions in the NRC draft or final EIS, or any supplements relating thereto, that differ significantly from the data or conclusions in the applicant's document. The Commission, the presiding officer, or the Atomic Safety and Licensing Board designated to rule on petitions to intervene shall, in ruling on the admissibility of a contention, refuse to admit a contention if: (1) The contention and supporting material fail to satisfy the requirements of 10 CFR 2.714(b)(2); or (2) the contention, if proven, would be of no consequence in the proceeding because it would not entitle petitioner to relief. A person permitted to intervene becomes a party to the proceeding, subject to any limitations imposed pursuant to 10 CFR 2.714(f). Unless otherwise expressly provided in the order allowing intervention, the granting of a petition for leave to intervene does not change or enlarge the issues specified in the notice of hearing. Petitions for leave to intervene may be filed by delivery to the NRC Public Document Room at One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852-2738, or by mail addressed to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555- 0001; Attention: Rulemakings and Adjudication Staff. Because of the continuing disruptions in delivery of mail to United States Government offices, it is also requested that petitions for leave to intervene be transmitted to the Secretary of the Commission either by facsimile transmission to 301-415-1101 or by e-mail to . A copy of the petition should also be sent to the Assistant General Counsel for Reactor Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Joseph L. Blount, Entergy Nuclear, 1340 Echelon Parkway, Jackson, Mississippi, 39213, and to Mark J. Wetterhahn, Esquire, Winston & Strawn LLP, 1400 L Street, NW., Washington, DC 20005-3502. All petitions must be accompanied by proof of service upon all parties to the proceeding or their attorneys of record. A person who is not a party may, in the discretion of the presiding officer, be permitted to make a limited appearance by making an oral or written statement of his position on the issues at any session of the hearing or any prehearing conference within such limits and on such conditions as may be fixed by the presiding officer, but may not otherwise participate in the proceeding. A copy of the SERI ESP application is available for public inspection at the Commission's Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records are accessible from the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, . The accession number for the application is ML032960315. Persons who do not have access to ADAMS, or who encounter problems in accessing the documents located in ADAMS, should contact the NRC Public Document Room staff by telephone at 1-800-397-4209, 301- 415-4737 or by e-mail to . The application is also available to local residents at the Harriette Person Memorial Library in Port Gibson, Mississippi, and is available on the NRC Web page at . Dated at Rockville, Maryland this 7th day of January, 2004. For the Nuclear Regulatory Commission. Annette Vietti-Cook, Secretary of the Commission. [FR Doc. 04-682 Filed 1-15-04; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 16 North County Times: Reactor shipment gets friction from Argentina January 15, 2004 11:25 PM By: PAUL SISSON - Staff Writer SAN ONOFRE ---- The political seas are beginning to look rough for San Onofre's plans to ship its decommissioned nuclear reactor around Cape Horn in South America. The French news service Agence France-Presse reported this week that an Argentine court has ruled that the 770-ton nuclear reactor cannot pass within 200 miles of Argentina's coastline or use any of its ports during any emergency. Attempts to reach Argentinian officials to confirm the ruling Thursday were unsuccessful. Cape Horn is considered one of the most dangerous ocean passages in the world. Argentina and Chile border the cape. To pass through the cape, the tug pulling the ocean barge Paul Bunyan with its reactor cargo must pass near Chile in the Pacific and Argentina in the Atlantic oceans. The reactor is the final remaining component of San Onofre's original nuclear power plant that was turned off in 1992. Edison plans to ship the reactor from the San Onofre Nuclear Generating Station to Barnwell, S.C., by way of Cape Horn in South America no later than March. Previous attempts to ship the reactor across the nation by train and through the Panama Canal ran into legal issues, forcing Edison to take the 13,000-mile route. Encased in a concrete and steel canister, Edison claims that the package emits less radiation than a chest X-Ray. Ray Golden, spokesman for Southern California Edison, which owns the nuclear power plant and the retired reactor, said the company has read only news reports of the Argentinian court decision but has received no official communication signaling the decision. "We cannot comment on the ruling," Golden said Thursday. However, he said Edison will refrain from beginning the voyage until after it has worked out all potential snags with the governments of foreign companies along the shipping route. Tom Clements, spokesman for Greenpeace International's Nuclear Campaign, said the organization has been actively contacting countries along the shipping route, providing all the details of Southern California Edison's plans to ship the low-level waste to Barnwell. "The U.S. State Department refused to meet their obligations to contact the other countries. We had to fill that role," Clements said. He said that despite Edison's claims that it has notified every country along the route, Greenpeace says it has been unable to find any foreign officials who are aware of the shipment. "The governments very much appreciate that we provide them with information that shippers try to hide from them," Clements said. Golden said he is sure the U.S. State Department has contacted the embassy in Argentina and other countries along the route, and that those embassies did contact someone inside the foreign governments. Mercopress, a newspaper that calls itself the "South Atlantic's News Agency" posted an article on its Web site this week stating that a Chilean congressman would protest the shipment entering within 200 miles of its coast. International shipments such as the one planned by Edison are governed by the 1982 U.N. Convention on the Law of the Sea. Article 3 of the Convention defines the breadth of a nation's coastal waters as "not exceeding 12 nautical miles." However, individual countries such as Argentina and Chile often define a much wider swath of ocean blue as their territorial waters, hence Argentina's demands that Edison stay 200 miles away. Golden said that, while Edison plans to remain several hundred miles offshore for most of the voyage, "There may be times where that becomes impossible or impractical." He said the shipment should never leave international waters as defined by maritime law. Contact staff writer Paul Sisson at (760) 901-4087 or psisson@nctimes.com. webmaster@nctimes.com © 1997-2004 North County Times - Lee Enterprises editor@nctimes.com ***************************************************************** 17 Brattleboro Reformer: Board hints at outside review of VY January 16, 2004 Brattleboro, VT By TOBY HENRY Reformer Staff MONTPELIER -- The Vermont Public Service Board gave its strongest indication to date that an independent safety assessment might be in store for the Vermont Yankee nuclear plant as a marathon week-long round of hearings concluded on Thursday. "We are seriously considering whether to write a letter to the NRC, in advance of our formal decision," board chairman Michael Dworkin said. "If we do, we will request input (on wording) from the involved parties." Dworkin gave the statement as cross-examination of state nuclear engineer Bill Sherman drew to a close that evening. Only moments earlier, Sherman had echoed statements put forward by plant officials that the breadth of the upcoming federal Nuclear Regulatory Commission review on the proposed 20 percent power boost makes an independent safety assessment redundant. Sherman had added that the call for an assessment should arise from the federal level, not from the state. But Dworkin said that before making a decision on a certificate of public good for the power boost, the board had the option to draft its own letter to the NRC requesting an assessment. According to the current schedule, the board is expected to issue its decision on March 15. Dworkin said the letter may be drafted before the end of the month. Board member John Burke quickly added that board members have not yet had time to discuss the issue among themselves. Responding to questions from Dworkin, Sherman said he would have no objection to being involved in the assessment to give mechanical and background information, and he also had no opposition to Dworkin's suggestion that David Lochbaum, a nuclear safety engineer with the Union of Concerned Scientists, be involved in the assessment as an advisor. "The board has broad powers, and it can exercise its powers as it sees fit," Sherman said. The power boost proposal was first put forward nearly a year ago. Since that time, statutory parties and intervenors involved in the issue, including the Brattleboro-based anti-nuclear group New England Coalition, have repeatedly called for the board to require an independent safety assessment of the plant as part of the criteria for issuing the certificate of public good. "I think the board has expressed itself (at hearings) in September and October that they would consider it, but that's really all that they've said -- that they'll consider it," said Ray Shadis, coalition advisor. In a statement delivered shortly before Dworkin's announcement, Vermont Yankee spokesman Rob Williams stood by plant officials' previous statements that the plant will get a full review by the NRC as well as the Advisory Committee of Reactor Safeguards, an independent body that will review the NRC's findings. In testimony delivered earlier this week, plant officials said that they expect an NRC decision on the "uprate" in March 2005. "'Uprating' nuclear plants has become routine in the industry and our application will get a full safety review by the NRC and the advisory committee," Williams said. "The Public Service Board has conducted a very fair process and has given all parties a full opportunity to make their case. We will be filing out final briefs and looking forward to the decision in the coming months." During earlier cross-examination from Shadis, plant site vice-president Jay Thayer emphasized the depth of the impending review by the NRC and said he had insisted that the board ask the advisory committee to also conduct its own analysis. But Shadis appeared to characterize the request as an empty gesture, asking Thayer if he was aware that the committee reviews all uprates of the magnitude proposed by Vermont Yankee whether or not the committee is asked to do so. "It's not a routine process," Thayer said. "There's a threshold on whether they would review an application or not." Throughout the week of hearings, intervenors and board members weighed the benefits of the plant's $20 million deal with the Department of Public Service against the possibility of $15 million or more in extra ratepayer costs if Vermont Yankee is forced to close early. The department, which previously had not supported the power increase proposal, finally consented on Nov. 5, after plant owner Entergy announced the deal. Shadis blasted the department for its support of the agreement. Although wording on some documents did suggest the department would provide testimony to support the agreement, Shadis claimed that at times the testimony instead appeared to be more of an endorsement for Entergy. The department is supposed to be the advocate for ratepayers, not Entergy, Shadis said. Department of Public Service attorney Sarah Hofmann countered that while the department does support the deal, if evidence comes to light that the agreement has been falsified, the department could withdraw. Dworkin interjected that the board does not interpret support of the agreement as a conflict. Dry cask storage -- a method of storing spent fuel rods -- also came up as an issue in the power increase matter. After the uprate, Vermont Yankee would burn through its store of fuel faster and may run out of storage space for the spent rods by 2010, about 18 months before the end of its operating license. Dworkin said that the estimated $15 million in extra costs to ratepayers, an amount which some say could climb as high as $21 million, could outweigh what has been offered with the deal. Vermont Yankee has not yet requested the storage, but Dworkin and others present wondered aloud if agreeing to the uprate would later necessitate having to agree to dry cask storage in order to ensure a continued ratepayer benefit. Dworkin strongly emphasized to Thayer that there was no guarantee the board would grant dry cask storage to Yankee by agreeing to the uprate, and asked if the two issues should perhaps be considered simultaneously. "If there is going to be a significant economic impact, don't we need to worry about that now?" asked Dworkin. Thayer responded that he needed more information on the issue, but promised the board he would provide "as much advance notice as possible" on when a dry cask storage proposal would be submitted. ***************************************************************** 18 wnbc.com Union: Nuclear Plant Workers Likely To Go On Strike POSTED: 8:05 PM EST January 16, 2004 NEW ROCHELLE, N.Y. -- Negotiations between the union representing workers at the Indian Point nuclear power plants and the plant's owner have deteriorated so badly that a strike is likely when the contract expires Saturday, union officials said Friday. The two sides are so far apart that "there is absolutely not enough time left to negotiate a contract" before it expires at midnight Saturday, said Steve Mangione, a spokesman for Local 1-2 of the Utility Workers Union of America. "There will be a strike at midnight Saturday if things don't improve rapidly," he said. Union president Manny Hellen was scheduled to hold a news conference at 8 p.m. to announce that union negotiators had stopped bargaining with their counterparts from plant owner Entergy Nuclear Northeast. The union represents 558 workers a the power plants, including the control room operators. Workers at Indian Point 3 voted 192-20 last month to give union officials the power to call a strike. Workers at the other plant, Indian Point 2, whose contract runs until June, also approved a strike authorization. Mangione said the union left the table after talks fell apart over medical benefits and wages for workers. He declined to give details, but union officials have said experienced workers at Indian Point earn about $60,000 a year plus benefits. Entergy spokesman Jim Steets said the company had "made a very generous combined contract offer that far exceeds the current contracts at both plants" and is committed to continuing talks until a compromise is reached. A contingency plan is in place in the event of a strike, he said, and security at the power plants would be unaffected by a walkout. "We expect to continue to safely operate the plant if a strike occurs," Steets said. Besides the control room operators, the union represents maintenance workers and operations workers, who take readings and adjust valves. About a third of all the plants' workers are members. The nuclear facility is in a densely populated area in Buchanan, about 35 miles north of midtown Manhattan. Westchester County Executive Andrew Spano said on Tuesday that if control room operators and other workers go on strike, the plant should be shut down for the duration. © 2004 by The Associated Press. All rights reserved. This WNBC.com Now ***************************************************************** 19 Sofia: Atomic Energy of Canada: Weight up Pros, Cons from Bulgaria's 2nd N-plant SOFIA NEWS AGENCY novinite.com Reps from Atomic Energy of Canada are heading for their meeting with Bulgarian journalists. The company, Italy's Ansaldo Nuclear and Japan's Hitachi and Itochu eye the construction of Belene N-plant. Photo by Gergana Kostadinova (novinite.com) Business: 16 January 2004, Friday. Atomic Energy of Canada, one of the foreign companies that eye the construction of a second nuclear power plant in Bulgaria, recommended to the Bulgarian government to either back with arguments the project or decide on using alternative technologies which enjoy popularity in the European Union. The President of the Canadian company also called on the government to weigh up the economic pros and cons and choose the appropriate technology. A day earlier chiefs of four world-leading energy companies enquired about opportunities for the construction of Bulgaria's 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. The Canadian company is willing to form a tie-in with Japanese energy companies Hitachi Corp. and Itochu Corp. to sell to Bulgaria two reactors for the future nuclear plant. President of Atomic Energy of Canada promised to seek cooperation from local energy company and international institutions for securing credits. 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. 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. The Team | Link to us | Partners | Top 100-->Top 100 All Rights Reserved © Novinite Ltd., 2001-2004 - Copyright Novinite.com (thebulgariannews.com ***************************************************************** 20 War Wire: Hungarian nuclear plant, Framatome settle out of court over gas leak WAR.WIRE BUDAPEST (AFP) Jan 16, 2004 French-German company Framatome ANP settled out of court with the Paks nuclear power plant in Hungary after the company was found responsible for a radioactive gas leak there last year, Paks officials said Friday. "The Paks nuclear power plant has settled out of court with Framatome over compensation for last year's incident," the plant's director, Istvan Kocsis, was cited as saying by MTI state-run news agency. Kocsis would not reveal the amount of the settlement. The gas leak occured on April 10 after fuel rods heated up in one of the plant's reactors, which remains out of order nine months after the accident. A fault in the cooling system of Framatome, a subsidiary of France's Areva and Germany's Siemens, was found responsible for causing the leak. The plant at Paks, 100 kilometers (60 miles) south of the capital, generates 40 percent of Hungary's total energy output. WAR.WIRE ***************************************************************** 21 [DU-WATCH] DU - Palestine Date: Fri, 16 Jan 2004 14:30:02 -0600 (CST) The symptom profiles of unexplained illnesses in many areas of Palestine resemble uranium internal contamination effects. There are credible claims from private sources that 120-mm rounds deployed by Israeli tanks are DU. Some earlier obscure field evidence indicates Egyptian tank bodies left in desert after defeat by Israeli tanks and combat aircraft are radioactive. Israel is on record as purchasing DU munitions. Chariman Arafat accused Israel of using DU rounds in last years incursions into Jeneen (sp?). US gov docs show DU rounds were manufactured in '60's. [Brought to you by HTTP://WWW.STOPNATO.ORG.UK] Yahoo! Groups Links To visit your group on the web, go to: http://groups.yahoo.com/group/du-watch/ To unsubscribe from this group, send an email to: du-watch-unsubscribe@yahoogroups.com Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/ ***************************************************************** 22 [RADFOOD] Take Action! Protect COOL! Date: Fri, 16 Jan 2004 00:20:19 -0600 (CST) *please forward widely* *apologies for cross-posting* TAKE ACTION TO PROTECT COUNTRY OF ORIGIN LABELING! Click on this link to send a free fax! https://www.citizen.org/cmep/foodsafety/food_irrad/articles.cfm?ID=10902 The Senate will vote on the Omnibus Appropriations Package on January 20, 2004. This bill contains language that will delay mandatory Country of Origin Labeling (COOL) until 2006, effectively killing COOL. Send a fax to your senators to urge them to vote No on the Appropriations bill until the anti-COOL language is removed. Congress has until January 31, 2004 to pass the bill because the current appropriations bill runs out on this date. Therefore there is time to protect COOL without affecting the funding for other government programs. Given the frequency of food safety scares like Mad Cow disease in Canadian animals and hepatitis A in green onions imported from Mexico, it's past time for consumers to have the basic information necessary to buy food that was produced closer to home. Tell your senators that a two year delay for such vital consumer information is unacceptable and that you want mandatory country of origin labeling for food implemented on schedule! *Background* The 2002 Farm Bill requires the U.S. Department of Agriculture to write rules for Country of Origin Labeling (COOL) of beef, lamb, pork, fish, fresh and frozen fruits and vegetables, and peanuts. The label would be found on foods sold in grocery stores, and would state the food's country of origin. The Farm Bill calls for the rules to go into effect in September 2004. Since the passage of the Farm Bill, corporate agribusiness, especially the meat and grocery industries, have been trying to delay and ultimately kill COOL. This kind of labeling could benefit both consumers, who will be able to make an informed choice and buy food produced closer to home, and producers, who need a way to identify their crops and livestock as products of the United States. Despite practical suggestions from small farmers and ranchers for streamlining the COOL process, the USDA instead has been taking its lead from big agribusiness, which doesn't want consumers to know where food comes from. The House has already passed this version of the budget bill, so it is up to the Senate to keep this anti-COOL language from becoming law. The vote on January 20 will be a cloture vote -- to cut off debate on this issue and bring the bill up for a vote. Click on this link to send a free fax! https://www.citizen.org/cmep/foodsafety/food_irrad/articles.cfm?ID=10902 ******************** If you would like to be removed from the radfood list, send an email to listserv@listserver.citizen.org with the words "unsubscribe radfood" in the message. If you would like to be added to the radfood list, send an email to listserv@listserver.citizen.org with the words "subscribe radfood" in the message. To learn more about food irradiation, visit our website at http://www.citizen.org/cmep/ Questions about the radfood list can be directed to RADFOOD-request@LISTSERVER.CITIZEN.ORG -Public Citizen's Critical Mass Energy and Environment Program ***************************************************************** 23 [du-list] Depleted Uranium in the Aegean Date: Fri, 16 Jan 2004 14:20:21 -0800 Does anyone know anything about this subject please? ------- Forwarded message follows ------- Date sent: Tue, 6 Jan 2004 11:30:50 +0000 (GMT) From: jenny Subject: Depleted Uranium in the Aegean To: info@cadu.org.uk Dear CADU, I am curretly working for a marine conservation research organisation based in the Aegean and we are interested in carrying out research into the use of DU here by the military. I would appreciate it if you could assist us in any way, such as providing any information you have about the use of DU in the Aegean, or advice on where we could look for such information. If necessary we will carry out scientific testing in the areas where DU has been used. In peace Jenny Wilson Archipelagos Aigaiou Ikaria ___________________________________________________________________ ___ __ Yahoo! Messenger - Communicate instantly..."Ping" your friends today! Download Messenger Now http://uk.messenger.yahoo.com/download/index.html ------- End of forwarded message ------- ********************************************************************************************* The Campaign Against Depleted Uranium, Bridge 5 Mill, 22a Beswick Street, Ancoats, Manchester, M4 7HR Tel./Fax.: +44 (0)161 273 8293 E-Mail info@cadu.org.uk Website: http://www.cadu.org.uk Affiliation costs to CADU are Ł8 a year unwaged/student and Ł10 a year waged. For this you will receive campaigning materials and CADU's quarterly newsletter. Our newsletter is also available free of charge by E-Mail (send us a message with 'Subscribe CADU News' as the subject). Please send your cheque draft or postal order in Ł sterling to the address above. ********************************************************************************************* To unsubscribe from this groups send a message to du-list-unsubscribe@yahoogroups.com. In the body of the message type unsubscribe and send. Yahoo! Groups Links To visit your group on the web, go to: http://groups.yahoo.com/group/du-list/ To unsubscribe from this group, send an email to: du-list-unsubscribe@yahoogroups.com Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/ ***************************************************************** 24 NYT: Suspect Dutch Material Said to Be Uranium By THE NEW YORK TIMES Published: January 17, 2004 [N] IJMEGEN, the Netherlands, Jan. 16 — Nuclear experts said Friday that preliminary tests on a small amount of low-level radioactive material discovered in a Rotterdam shipping container from the Middle East indicated it was natural uranium in the very early stages of refinement. They said the material could have come from Iraq. The International Atomic Energy Agency said it was in the process of comparing the material to laboratory samples taken from a former Iraqi uranium processing plant that was dismantled in the 1990's. Investigators suspect that the Rotterdam material — too little and too unrefined for use in a nuclear weapon — was overlooked in the cleanup of the Iraqi plant. The uranium was discovered inside a shipment of scrap metal. Dutch officials said this week that the material was uranium oxide, or yellowcake. But the agency said initial tests indicated that it was in a "pre-yellowcake" stage. Copyright 2004 The New York Times Company | Home| ***************************************************************** 25 Las Vegas SUN: Lung disease screenings available Today: January 16, 2004 at 11:10:54 PST By Suzanne Struglinski WASHINGTON -- Energy Department employees who helped dig tunnels at Yucca Mountain can get free screenings for the lung disease silicosis through a new department program. Current and former workers are eligible for the new Silicosis Screening Program announced by the Office of Civilian Radioactive Waste Management Office on Thursday. The $500,000 prgrogam will offer free screenings to employees who worked in the tunneling and other underground operations at Yucca Mountain, 90 miles northwest of Las Vegas. The department dug the tunnels as a part of its plan to store 77,000 tons of nuclear waste there. "Not only is the DOE willing to jeopardize the public health and environmental safety of Nevadans, but now, because they ignored regulatory limits, their own employees have also been put at risk," said Rep. Jim Gibbons, R-Nev., in a statement. "While I appreciate the fact that the DOE is stepping up to provide free screening to project employees, the problems with the Yucca Mountain boondoggle just continue to mount." The program will include a work history interview, a medical exam and worker notification. Up to 1,500 workers may be offered participation. Silica, a natural mineral in the rock and desert land making up Yucca Mountain, can collect in a person's respiratory system if inhaled and cause silicosis. As workers dug tunnels at the site, the dust particles of the mineral could become airborne and inhaled, putting them at risk for the chronic lung disease. The most visible systems are coughing and shortness of breath, according to the department. Employees sent letters to department officials requesting the program since there was such a risk. Department spokesman Joe Davis said it investigated the concerns and decided to create the screening program as a followup. "It's the right thing to do," Davis said. From 1992 to 2000 work at the site caused more than legal limits of airborne silica and proper protection was not always used, according to the department. The University of Cincinnati and The Center to Protect Workers' Rights will work to contact former Yucca Mountain workers through trade unions and other organized labor forces. ***************************************************************** 26 Hawk Eye: Planned burning of IAAP buildings draw concerns Friday, January 16, 2004 RAB co–chairman says chemical, historical studies will precede any burning. By MATTHEW LeBLANC Paula Graham fears it could all go up in smoke — but she hopes that doesn't happen. Citing a proposal by government agencies to rid land at the Iowa Army Ammunition Plant in Middletown of dangerous chemicals by burning them to the ground, Graham questioned whether the burns also would destroy evidence that could be used by injured former workers to seek federal compensation payments. "Particularly, I'm concerned about a good record for the...workers," the former IAAP employee said at Thursday's Restoration Advisory Board meeting. "It is a concern." Graham's fears were allayed when RAB co–chairman Rodger Allison said that numerous chemical and historical studies will be conducted before the buildings — once used to assemble munitions for the Army — are burned. "The Army does plan to conduct a historical assessment before performing remediation," Allison said. Contamination levels and historical data will be documented to provide a record of possible beryllium and radiation exposure to former workers, he said. The 19,000–acre Middletown plant was put on an environmental National Priorities List in 1989 after water contaminated by years of munitions manufacture was discovered in water on the grounds. Now a federal Superfund site, more than $15 million has been spent on cleanup as part of a nearly $60 million, 10–year plan. Thousands of former IAAP employees could be eligible for federal workers' compensation benefits as a result of toxic chemical and radiation exposure at the plant. In a November 2003 RAB meeting, members discussed burning several buildings once used to manufacture explosives to rid them of possible contamination. No timeline has been set, though members continue to discuss the proposal. Graham said she feared evidence of what caused current heart and lung illnesses would disappear if the buildings were lit aflame. Allison said that might not be the case because the government is largely unaware of what types of contaminants are in the buildings. "What they look like today may be cleaner than what it was then," he said, noting that tests will be conducted to determine the data. Beryllium is a metal used to strengthen other metals and is most frequently used in the manufacture of weapons. It has been linked to Chronic Beryllium Disease, a lung condition marked by night sweats and breathing difficulty. The RAB is made up of government and civilian representatives and is charged with providing information about IAAP's environmental cleanup, now in its 13th year. They meet six times per year at the Burlington Apartments in the Burlington Ballroom. The board will meet again in March to discuss further plans for cleanup. The Hawk Eye 800 S. Main St., Burlington Iowa 52601 319-754-8461 Front Desk · 319-754-6824 FAX · 1-800-397-1708 Toll Free ***************************************************************** 27 HollandSentinel.com: Grant will help buy radiation equipment 01/16/04 011604 local 7 The Holland SentinelA grant from the U.S. Department of Homeland Security could provide Allegan County with new radiation monitoring equipment and decontamination supplies.--> Web posted Friday, January 16, 2004 Grant will help buy radiation equipment By REGAN FOSTER Staff writer A grant from the U.S. Department of Homeland Security could provide Allegan County with new radiation monitoring equipment and decontamination supplies. The county board of commissioners, in a work session Thursday, reviewed the $51,939.60 grant offer and agreed to place it on the agenda for its Jan. 22 meeting. The grant is expected to be formally accepted at that meeting. County Administrator Michael Lombardo said in an interview that he wanted the board to use the grant to purchase portable radiation monitors which could be used to scan people and cars for contamination during nuclear emergencies. The Palisades nuclear plant is in Van Buren County, just outside of South Haven. Federal regulations require the county to scan and monitor residents within a 10-mile radius of the plant in a crisis situation. That means about 4,400 people in Casco Township would have to be checked in case of an emergency, according to Paul Baker, the director of the county emergency management division. The county currently is using civil defense equipment that dates back to the 1960s and requires hand checking each individual, Baker said. He noted that the county's current procedure takes between nine and 11 seconds per person to complete, but the new equipment could cut that back to just two seconds for each person. The 36-inch wide walk-through monitor could easily be adapted to a frame that expands to accommodate vehicles, Baker said. All contents © Copyright 2003 The Holland Sentinel ***************************************************************** 28 UCSC: New study shows exposure to depleted uranium January 19, 2004 Isotope analysis shows exposure to depleted uranium in Gulf War veterans By Tim Stephens U.S. veterans who were exposed to depleted uranium during the 1991 Gulf War have continued to excrete the potentially harmful chemical in their urine for years after their exposure, according to a new study published in the journal Health Physics. [Photo of munitions] These 30mm munitions (jackets and penetrators) are made with depleted uranium. Photo courtesy of the United Nations Environment Program The study indicates that soldiers may absorb depleted uranium particles through inhalation, ingestion, or wound contamination, said Roberto Gwiazda, an environmental toxicologist at UCSC and lead author of the study. Fine particles of depleted uranium are created when munitions made with the material strike a target. The new study did not address the health effects of exposure to depleted uranium, a subject of ongoing debate, but focused on a technique for detecting past exposure. Low concentrations of uranium in the urine are normal due to ingestion of naturally occuring uranium in food and water. Depleted uranium is a by-product of the enrichment process used to make nuclear fuel, in which one isotope of uranium (235U) is extracted, leaving behind material depleted in that isotope. Depleted uranium is still weakly radioactive and, like other heavy metals, can be toxic in high doses. Because of its high density and other properties, it has been used in armor-piercing ammunition and in armor for fighting vehicles. Gwiazda and Donald Smith, professor of environmental toxicology, developed a sensitive analytical technique to detect depleted uranium in urine samples. By measuring the relative abundances of different isotopes of uranium in the urine samples, the researchers were able to distinguish between natural and depleted uranium. "This is the only unambiguous way to determine past exposure and uptake of depleted uranium," Gwiazda said. The analysis of samples from Gulf War veterans was performed in collaboration with the Baltimore Veterans Affairs Depleted Uranium Follow-up Program, which is assessing, treating, and monitoring veterans who may have been exposed to depleted uranium during the war. The researchers applied their technique to three different groups of Gulf War veterans. The first group of soldiers had shrapnel in their bodies as a result of "friendly fire" incidents in which their tanks or armored vehicles were hit by munitions containing depleted uranium. The second group consisted of soldiers who did not have shrapnel in them but were involved in the friendly fire incidents to different degrees, either because they were in the vehicles that were hit or because they participated in recovery operations. The third group was a reference group and consisted of soldiers who participated in the war but not in combat operations. As expected, the soldiers with embedded shrapnel had high concentrations of uranium in their urine, and the isotope analysis showed that it was depleted uranium, presumably being released into their bodies from the shrapnel. A more striking finding was the presence of depleted uranium in the urine of a significant number of soldiers in the second group, without embedded shrapnel but with potential exposure through inhalation, ingestion, or wound contamination. The uranium concentrations detected in this group were, on average, six times higher than in the reference group, but were still within the normal range for the U.S. population. Nevertheless, Gwiazda said, it was remarkable that the signature of depleted uranium could still be detected so many years after the exposure. "These samples were taken six to eight years later," he said. The Veterans Affairs (VA) monitoring program has not reported any findings of clinically significant health effects related to exposure to depleted uranium, even in the highly exposed soldiers with embedded shrapnel. Any health effects of exposure to depleted uranium may not be detectable without studying a large number of exposed individuals. The technique developed at UCSC could be used to screen a large number of people to identify those with past exposure to depleted uranium. In addition to possible health effects in soldiers exposed during combat, concerns about depleted uranium include environmental contamination of battlefield sites. Civilian populations may be exposed through contact with depleted uranium fragments and dust left in the soil or with contaminated military equipment left behind after a conflict. "We don't know if that kind of exposure will have any health effects. But now we have a technique that enables us to detect past exposure to depleted uranium," Gwiazda said. The paper was published in the January issue of Health Physics. The authors include Katherine Squibb and Melissa McDiarmid of the University of Maryland School of Medicine, in addition to Gwiazda and Smith. [Maintained by pioweb@ucsc.edu] ***************************************************************** 29 Panel says Energy Dept. can't justify relaxed testing of Date: Fri, 16 Jan 2004 06:35:19 -0600 (CST) ENN News Story - Panel says Energy Dept. can't justify relaxed testing of radioactive waste shipments Friday, January 16, 2004 By Robert Gehrke, Associated Press http://www.enn.com/news/2004-01-16/s_12152.asp WASHINGTON - The Energy Department has not done the necessary tests to justify relaxing the testing of radioactive waste shipments bound for a New Mexico storage site, a panel of scientists said Thursday. The department has argued that safety checks required on shipments to the Waste Isolation Pilot Plant near Carlsbad, N.M., cost $3.1 billion and create delays. Changing the requirements would save time and money, the department said in petitioning for changes last week. A report by a panel of scientists appointed by the National Research Council - a division of the National Academies of Science - said Energy has not done adequate studies to support its argument for easing regulations and those analyses should be done before it seeks to modify the state waste disposal permit. However, a provision backed by Sen. Pete Domenici, R-N.M., and signed into law last month by President Bush orders the Energy Department to request that New Mexico relax its testing requirements and restricts the state's ability to refuse the request. "This is another example of the management failures coming from the highest levels of DOE," said New Mexico Environment Secretary Ron Curry. "It is another example of DOE putting the cart before the horse and making unfounded assumptions to the detriment of New Mexicans." The Carlsbad facility buries transuranic waste - such as gloves, rags, tools, dried sludge, and other debris contaminated during nuclear weapons making - in ancient salt beds 2,150 feet below ground. Under the Energy Department's proposed changes, instead of testing each shipment of waste, records kept on each drum of radioactive material would be used to determine whether the waste inside is eligible to be buried at the site. There is no deadline for the state to act on the Energy Department application. Sen. Jeff Bingaman, D-N.M., who objected to the Domenici provision, said the scientists' report shows that Congress should only pre-empt state regulatory authority "after a transparent process has taken place - a process that yields thoughtful and careful analysis." The law cannot be undone, Bingaman said, but it should serve as a reminder "that there is a well-established process for modifying existing state regulations and that the federal government should respect it." Domenici defended the provision. "Experience has shown us that intrusive sampling techniques have shown to have little environmental, public safety or health benefits," he said. The National Research Council panel said that when the Carlsbad plant became the first operational waste facility of its kind four years ago, it made sense for regulators to be cautious and impose rigorous measures for screening waste. Today, the site's track record could help identify changes that could be warranted. However, a systematic analysis is needed before the Energy Department can make its case that changes are justified, the panel said. ***************************************************************** 30 [epa-impact] West Valley Demonstration Project Final Waste Management Date: Fri, 16 Jan 2004 11:03:12 -0500 (EST) http://www.epa.gov/fedreg/EPA-IMPACT/2004/January/Day-16/index.html http://www.epa.gov/fedreg/ ======================================================================= [Federal Register: January 16, 2004 (Volume 69, Number 11)] [Notices] [Page 2583-2584] >From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr16ja04-45] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY West Valley Demonstration Project Final Waste Management Environmental Impact Statement AGENCY: Department of Energy. ACTION: Notice of Availability. ----------------------------------------------------------------------- SUMMARY: The Department of Energy (DOE) announces the availability of the West Valley Demonstration Project (WVDP) Final Waste Management Environmental Impact Statement (EIS), Cattaraugus County, West Valley, New York (DOE/EIS--0337F). DOE has prepared this Final EIS pursuant to the National Environmental Policy Act (NEPA) and applicable NEPA regulations issued by the Council on Environmental Quality (40 Code of Federal Regulations (CFR) Parts 1500-1508) and by DOE (10 CFR part 1021). DOE proposes to ship radioactive wastes that are either currently in storage on the WVDP site or that will be generated from WVDP operations over the next ten years, to offsite disposal locations. The Final EIS evaluates the potential environmental impacts of the proposed action, including impacts to workers and the public from waste transportation. The Final EIS also analyzes a No Action Alternative, under which most wastes would continue to be stored over the next ten years, and an alternative under which certain wastes would be shipped to interim offsite storage locations prior to disposal. ADDRESSES: Requests for copies of the Final EIS or requests for information about this document should be directed to: Mr. Daniel W. Sullivan, EIS Document Manager, DOE West Valley Area Office, 10282 Rock Springs Road, WV-49, West Valley, NY 14171-9799, Telephone: (800) 633- 5280 or (716) 942-2152. Copies of the Final EIS have been distributed to Federal, State, and local officials; Members of Congress; agencies; organizations; and individuals who may be interested or affected. The Final EIS will be available at http://tis.eh.doe.gov/nepa/docs.docs.htm or http://www.wv.doe.gov. Copies of the Final EIS and supporting technical reports also are available for public inspection at the following locations: Hulbert Library of the Town of Concord, 18 Chapel Street, Springville, NY 14141. Central Library of the Buffalo, and Erie County Public Library System, Science and Technology Department, Lafayette Square, Buffalo, NY 14203. West Valley Central School Library, 5359 School Street, West Valley, NY 14171. The Olean Public Library, 134 North 2nd Street, Olean, NY 14760. FOR FURTHER INFORMATION CONTACT: For additional information on this EIS, contact Mr. Daniel Sullivan at the address provided above. For general information on the DOE NEPA process, please contact: Ms. Carol Borgstrom, Director, Office of NEPA Policy and Compliance (EH-42), U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. Ms. Borgstrom may be contacted by calling (202) 586-4600 or by leaving a message at (800) 472-2756. SUPPLEMENTARY INFORMATION: The WVDP is located on the Western New York Nuclear Service Center (also referred to as the Center). The Center comprises approximately 13.5 square kilometers (five square miles) in West Valley, New York, and is located in the Town of Ashford, approximately 50 kilometers (30 miles) southeast of Buffalo, New York. The Center was the site of a commercial nuclear fuel reprocessing plant, which was the only one to have operated in the United States. The Center operated under a license issued by the Atomic Energy Commission (now the U.S. Nuclear Regulatory Commission [NRC]) in 1966 to Nuclear Fuel Services, Incorporated, and the New York State Atomic and Space Development Authority, now known as the New York State Energy Research and Development Authority (NYSERDA). During reprocessing, spent nuclear fuel from commercial nuclear power plants and DOE sites was chopped, dissolved, and processed by a solvent extraction system to recover uranium and plutonium. Fuel reprocessing ended in 1972 when the plant was shut down [[Page 2584]] for modifications to increase its capacity, reduce occupational radiation exposure, and reduce radioactive effluents. In 1976, Nuclear Fuel Services estimated that over $600 million would be required to modify the facility to increase its capacity and to comply with changes in regulatory standards. As a result, the company decided to withdraw from the nuclear fuel reprocessing business and exercise its contractual right to yield responsibility for the Center to NYSERDA. Nuclear Fuel Services withdrew from the Center without removing any of the in-process nuclear wastes. NYSERDA now holds title to and manages the Center on behalf of the people of the State of New York. In 1980, Congress passed the WVDP Act (Pub. L 96-368). This Act requires DOE to demonstrate that the liquid high-level radioactive waste (HLW) from reprocessing can be safely managed by solidifying it at the Center and transporting it to a geologic repository for permanent disposal. In addition to HLW, the WVDP also manages low-level radioactive waste (LLW), transuranic (TRU) waste, and mixed waste (radioactive and hazardous) generated as a result of Project activities. The WVDP Facilities and areas storing the waste are: The Process Building, which includes approximately 70 rooms and cells that comprised the NRC-licensed spent nuclear fuel reprocessing operations (one of the cells--the Chemical Process Cell--now serves as the storage facility for the canisters containing the HLW, which has been immobilized through vitrification); the Tank Farm, which includes the underground HLW storage tanks; Waste Storage Areas, which include several facilities such as Lag Storage Areas and the Chemical Process Cell Waste Storage Area; and the Radwaste Treatment System Drum Cell (Drum Cell), which stores cement-filled drums of stabilized LLW. DOE announced its intent to prepare this EIS in a March 2001 Notice of Intent (NOI) (66 FR 16447, March 26, 2001). DOE modified the proposed scope of this EIS as a result of public comments received during scoping and the Department's further evaluation of activities that might be required independently of final decisions on decommissioning and/or long-term stewardship at the WVDP. In the future, DOE plans to issue an EIS on decommissioning and/or long-term stewardship. DOE published an Advance NOI (66 FR 56090, November 6, 2001) inviting preliminary public comment on a proposed scope for the decommissioning and/or long-term stewardship EIS and published an NOI (68 FR 12004, March 13, 2003). Public Comments The Waste Management EIS was issued in draft on May 16, 2003, for public review and comment (68 FR 26587 (2003)). The 45-day comment period ended on June 30, 2003, although DOE also considered comments received after that date. Two public hearings on the Draft EIS were held on June 11, 2003, at the Ashford Office Complex near the WVDP site. The Final EIS incorporates public comments received on the Draft EIS and DOE responses. In response to public comments, several changes were made in the Final EIS. In particular, the option under Alternative B of placing retrievable grout in the HLW tanks as an interim stabilization measure has been eliminated. Information has been added regarding the extent to which the Canadian population within 80 kilometers (50 miles) of the site could be affected by the activities at the site and transportation under routine and accident conditions. In addition, a number of specific technical changes and corrections have been made in response to public comments, and updated DOE guidance regarding health risk factors was used to estimate potential impacts. Description of Alternatives The Final EIS analyzes three alternatives for the continued onsite waste management and shipment of wastes to offsite disposal. Under the No Action Alternative, Continuation of Ongoing Waste Management Activities, waste management would include continued storage of existing Class B and Class C LLW, TRU waste, and HLW. Limited amounts of Class A LLW would be shipped for off-site disposal and the remainder would be stored onsite. The waste storage tanks and their surrounding vaults would continue to be ventilated to manage moisture levels as a corrosion prevention measure. Under DOE's Preferred Alternative A, Offsite Shipment of HLW, LLW, Mixed LLW, and TRU Wastes to Disposal, DOE would ship Class A, B, and C LLW and mixed LLW to one of two potential DOE disposal sites (in Washington or Nevada) or to a commercial disposal site (such as the Envirocare facility in Utah); ship TRU waste to the Waste Isolation Pilot Plant (WIPP) in New Mexico; and ship HLW to the proposed Yucca Mountain HLW Repository. LLW and mixed LLW would be shipped over the next ten years. TRU waste shipments to the WIPP could occur within the next ten years if the TRU waste were determined to meet all the requirements for disposal in this repository. If some or all of WVDP's TRU waste did not meet these requirements, the Department would need to explore other alternatives for disposal of this waste. The waste storage tanks would continue to be managed as described under the No Action Alternative. Under Alternative B, Offsite Shipment of LLW and Mixed LLW to Disposal, and Shipment of HLW and TRU Waste to Interim Storage, LLW and mixed LLW would be shipped offsite for disposal at the same locations as Alternative A. TRU wastes would be shipped for interim storage at one of five DOE sites: the Hanford Site in Washington; the Idaho National Engineering and Environmental Laboratory (INEEL); the Oak Ridge National Laboratory (ORNL) in Tennessee; the Savannah River Site (SRS) in South Carolina; or WIPP. TRU wastes would subsequently be shipped to WIPP for disposal or interim storage at WIPP until disposal could be arranged. HLW would be shipped to SRS or Hanford for interim storage, with subsequent shipment to Yucca Mountain for disposal. The waste storage tanks would continue to be managed as described under the No Action Alternative. In addition, DOE considered, but did not analyze, an alternative to construct and maintain waste storage facilities for indefinite storage of waste at the WVDP. DOE presently does not consider that alternative to be practical or reasonable over time, because of continuing costs of construction of new facilities and maintenance of existing facilities. Record of Decision (ROD) DOE intends to issue a ROD no sooner than 30 days following publication in the Federal Register of the Environmental Protection Agency's Notice of Availability of the WVDP Final EIS. DOE will publish its ROD in the Federal Register. Issued in Washington, DC, on January 12, 2004. Jessie Hill Roberson, Assistant Secretary for Environmental Management. [FR Doc. 04-988 Filed 1-15-04; 8:45 am] BILLING CODE 6450-01-P ------------------------------------------ You are currently subscribed to epa-impact as: NEWS@ENERGY-NET.ORG To unsubscribe, send a blank email to leave-epa-impact-46782Y@lists.epa.gov OR: Use the listserver's web interface at https://lists.epa.gov/cgi-bin/lyris.pl to manage your subscription. For problems with this list, contact epa-impact-Owner@lists.epa.gov ------------------------------------------ ***************************************************************** 31 [epa-impact] List of Approved Spent Fuel Storage Casks: NAC-UMS Date: Fri, 16 Jan 2004 11:03:07 -0500 (EST) http://www.epa.gov/fedreg/EPA-IMPACT/2004/January/Day-16/index.html http://www.epa.gov/fedreg/ ======================================================================= [Federal Register: January 16, 2004 (Volume 69, Number 11)] [Rules and Regulations] [Page 2497-2500] >From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr16ja04-4] ======================================================================= ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN 3150-AH25 List of Approved Spent Fuel Storage Casks: NAC-UMS Revision AGENCY: Nuclear Regulatory Commission. ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its regulations revising the NAC International, Inc., NAC-UMS cask system listing within the ``List of Approved Spent Fuel Storage Casks'' to include Amendment No. 3 to Certificate of Compliance (CoC) Number 1015. Amendment No. 3 modifies the present cask system design to add an alternate poison material, revise the structural analysis, revise the thermal analyses, revise fuel assembly weight and dimensions, and revise allowable fuel cladding temperature. The amendment also revises the criticality analyses and reorganizes the Safety Analysis Report (SAR) Criticality Section, revises Technical Specification A.5.5 to remove the effluent reporting requirements, and makes several editorial and administrative changes. DATES: The final rule is effective March 31, 2004, unless significant adverse comments are received by February 17, 2004. A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule's underlying premise or approach, or would be ineffective or unacceptable without a change. If the rule is withdrawn, timely notice will be published in the Federal Register. ADDRESSES: You may submit comments by any one of the following methods. Please include the following number--RIN 3150-AH25--in the subject line of your comments. Comments on rulemakings submitted in writing or in electronic form will be made available to the public in their entirety on the NRC rulemaking Web site. Personal information will not be removed from your comments. Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff. E-mail comments to SECY@nrc.gov. If you do not receive a reply e- mail confirming that we have received your comments, contact us directly at (301) 415-1966. You may also submit comments via the NRC's rulemaking Web site at http://ruleforum.llnl.gov. Address questions about our rulemaking Web site to Carol Gallagher (301) 415-5905; e-mail cag@nrc.gov. Comments can also be submitted via the Federal eRulemaking Portal http://www.regulations.gov. Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. on Federal workdays (telephone (301) 415-1101). Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at (301) 415-1101. Publicly available documents related to this rulemaking may be viewed electronically on the public computers located at the NRC's Public Document Room (PDR), 0-1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. The PDR reproduction contractor will copy documents for a fee. Selected documents, including comments, may be viewed and downloaded electronically via the NRC rulemaking Web site at http://ruleforum.llnl.gov. Publicly available documents created or received at the NRC after November 1, 1999, are available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. >From this site, the public can gain entry into the NRC's Agencywide Documents Access and Management System (ADAMS), which provides text and image files of NRC's public documents. An electronic copy of the proposed CoC, proposed TS, and preliminary SER can be found under ADAMS Accession Nos. ML032890297 (CoC), ML032890300 and ML032890305 (TS), and ML032890312 (SER). If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC PDR Reference staff at 1-800- [[Page 2498]] 397-4209, 301-415-4737or by e-mail to pdr@nrc.gov. CoC No. 1015, the revised TS, the underlying SER for Amendment No. 3, and the Environmental Assessment, are available for inspection at the NRC Public Document Room, 11555 Rockville Pike, Rockville, MD. Single copies of these documents may be obtained from Jayne M. McCausland, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-6219, e-mail JMM2@nrc.gov. FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, Office of Nuclear Material Safety and Safeguards, telephone (301) 415-6219, e-mail JMM2@nrc.gov. SUPPLEMENTARY INFORMATION: Background Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended (NWPA), requires that ``[t]he Secretary [of the Department of Energy (DOE)] shall establish a demonstration program, in cooperation with the private sector, for the dry storage of spent nuclear fuel at civilian nuclear power reactor sites, with the objective of establishing one or more technologies that the [Nuclear Regulatory] Commission may, by rule, approve for use at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site-specific approvals by the Commission.'' Section 133 of the NWPA states, in part, that ``[t]he Commission shall, by rule, establish procedures for the licensing of any technology approved by the Commission under section 218(a) for use at the site of any civilian nuclear power reactor.'' To implement this mandate, the NRC approved dry storage of spent nuclear fuel in NRC-approved casks under a general license by publishing a final rule in 10 CFR part 72 entitled, ``General License for Storage of Spent Fuel at Power Reactor Sites'' (55 FR 29181; July 18, 1990). This rule also established a new subpart L within 10 CFR part 72, entitled ``Approval of Spent Fuel Storage Casks'' containing procedures and criteria for obtaining NRC approval of spent fuel storage cask designs. The NRC subsequently issued a final rule on October 19, 2000 (65 FR 62581), that approved the NAC-UMS cask design and added it to the list of NRC-approved cask designs in Sec. 72.214 as Certificate of Compliance Number (CoC No.) 1015. Discussion On January 15, 2002, and as supplemented on February 4, July 3, August 7, November 27, and December 11, 2002; and August 15, 2003, NAC International (NAC) submitted an application to amend the NAC-UMS Universal Storage System to Incorporate Enhanced Design Features. The amendment adds an alternate poison material, revises the structural analysis, revises the thermal analyses, revises fuel assembly weight and dimensions, and revises allowable fuel cladding temperature. The amendment also revises the criticality analyses and reorganizes the SAR Criticality Section, revises Technical Specification A.5.5 to remove the effluent reporting requirements, and makes several editorial and administrative changes as described in the SER. No other changes to the NAC-UMS cask system design were requested in this application. The NRC staff performed a detailed safety evaluation of the proposed CoC amendment request and found that an acceptable safety margin is maintained. In addition, the NRC staff has determined that there is still reasonable assurance that public health and safety and the environment will be adequately protected. This direct final rule revises the NAC-UMS cask design listing in Sec. 72.214 by adding Amendment No. 3 to CoC No. 1015. The amendment primarily consists of changes to the Technical Specification (TS) to incorporate enhanced design features. The particular TS which are changed are identified in the NRC staff's SER for Amendment No. 3. The amended NAC-UMS cask system, when used in accordance with the conditions specified in the CoC, the TS, and NRC regulations, will meet the requirements of part 72; thus, adequate protection of public health and safety will continue to be ensured. Discussion of Amendments by Section Sec. 72.214 List of Approved Spent Fuel Storage Casks Certificate No. 1015 is revised by adding the effective date of the initial certificate and the effective date of Amendment No. 3. Procedural Background This rule is limited to the changes contained in Amendment No. 3 to CoC No. 1015 and does not include other aspects of the NAC-UMS cask system design. The NRC is using the ``direct final rule procedure'' to issue this amendment because it represents a limited and routine change to an existing CoC that is expected to be noncontroversial. Adequate protection of public health and safety continues to be ensured. The amendment to the rule will become effective on March 31, 2004. However, if the NRC receives significant adverse comments by February 17, 2004, then the NRC will publish a document that withdraws this action and will address the comments received in response to the proposed amendments published elsewhere in this issue of the Federal Register. A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule's underlying premise or approach, or would be ineffective or unacceptable without a change. A comment is adverse and significant if: (1) The comment opposes the rule and provides a reason sufficient to require a substantive response in a notice-and-comment process. For example, a substantive response is required when: (A) The comment causes the NRC staff to reevaluate (or reconsider) its position or conduct additional analysis; (B) The comment raises an issue serious enough to warrant a substantive response to clarify or complete the record; or (C) The comment raises a relevant issue that was not previously addressed or considered by the NRC staff. (2) The comment proposes a change or an addition to the rule, and it is apparent that the rule would be ineffective or unacceptable without incorporation of the change or addition. (3) The comment causes the NRC staff to make a change (other than editorial) to the CoC or TS. These comments will be addressed in a subsequent final rule. The NRC will not initiate a second comment period on this action. However, if the NRC receives significant adverse comments by February 17, 2004, then the NRC will publish a document that withdraws this action and will address the comments received in response to the proposed amendments published elsewhere in this issue of the Federal Register. Voluntary Consensus Standards The National Technology Transfer Act of 1995 (Pub. L. 104-113) requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless the use of such a standard is inconsistent with applicable law or otherwise impractical. In this direct final rule, the NRC would revise the NAC- UMS cask system design listed in Sec. 72.214 (List of NRC-approved spent fuel storage cask designs). This action [[Page 2499]] does not constitute the establishment of a standard that establishes generally applicable requirements. Agreement State Compatibility Under the ``Policy Statement on Adequacy and Compatibility of Agreement State Programs'' approved by the Commission on June 30, 1997, and published in the Federal Register on September 3, 1997 (62 FR 46517), this rule is classified as Compatibility Category ``NRC.'' Compatibility is not required for Category ``NRC'' regulations. The NRC program elements in this category are those that relate directly to areas of regulation reserved to the NRC by the Atomic Energy Act of 1954, as amended (AEA) or the provisions of title 10 of the Code of Federal Regulations. Although an Agreement State may not adopt program elements reserved to NRC, it may wish to inform its licensees of certain requirements via a mechanism that is consistent with the particular State's administrative procedure laws, but does not confer regulatory authority on the State. Plain Language The Presidential Memorandum dated June 1, 1998, entitled ``Plain Language in Government Writing,'' directed that the Government's writing be in plain language. The NRC requests comments on this direct final rule specifically with respect to the clarity and effectiveness of the language used. Comments should be sent to the address listed under the heading ADDRESSES above. Finding of No Significant Environmental Impact: Availability Under the National Environmental Policy Act of 1969, as amended, and the NRC regulations in subpart A of 10 CFR part 51, the NRC has determined that this rule, if adopted, would not be a major Federal action significantly affecting the quality of the human environment and, therefore, an environmental impact statement is not required. The rule would amend the CoC for the NAC-UMS cask system within the list of approved spent fuel storage casks that power reactor licensees can use to store spent fuel at reactor sites under a general license. The amendment will modify the present cask system design to add an alternate poison material, revises the structural analysis, revises the thermal analyses, revises fuel assembly weight and dimensions, and revises allowable fuel cladding temperature. The amendment also revises the criticality analyses and reorganizes the SAR Criticality Section, revises Technical Specification A.5.5 to remove the effluent reporting requirements, and makes several editorial and administrative changes. The environmental assessment and finding of no significant impact on which this determination is based are available for inspection at the NRC Public Document Room, 11555 Rockville Pike, Rockville, MD. Single copies of the environmental assessment and finding of no significant impact are available from Jayne M. McCausland, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-6219, email jmm2@nrc.gov. Paperwork Reduction Act Statement This direct final rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements were approved by the Office of Management and Budget, Approval Number 3150- 0132. Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting document displays a currently valid OMB control number. Regulatory Analysis On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 CFR part 72 to provide for the storage of spent nuclear fuel under a general license in cask designs approved by the NRC. Any nuclear power reactor licensee can use NRC-approved cask designs to store spent nuclear fuel if it notifies the NRC in advance, spent fuel is stored under the conditions specified in the cask's CoC, and the conditions of the general license are met. A list of NRC-approved cask designs is contained in Sec. 72.214. On October 19, 2000 (65 FR 62581), the NRC issued an amendment to part 72 that approved the NAC-UMS cask design by adding it to the list of NRC-approved cask designs in Sec. 72.214. On January 15, 2002, and as supplemented on February 4, July 3, August 7, November 27, and December 11, 2002; and August 15, 2003, NAC International (NAC) submitted an application to amend the NAC-UMS Universal Storage System to Incorporate Enhanced Design Features. The amendment adds an alternate poison material, revises the structural analysis, revises the thermal analyses, revises fuel assembly weight and dimensions, and revises allowable fuel cladding temperature. The amendment also revises the criticality analyses and reorganizes the SAR Criticality Section, revises Technical Specification A.5.5 to remove the effluent reporting requirements, and makes several editorial and administrative changes. The alternative to this action is to withhold approval of this amended cask system design and issue an exemption to each general license. This alternative would cost both the NRC and the utilities more time and money because each utility would have to pursue an exemption. Approval of the direct final rule will eliminate this problem and is consistent with previous NRC actions. Further, the direct final rule will have no adverse effect on public health and safety. This direct final rule has no significant identifiable impact or benefit on other government agencies. Based on this discussion of the benefits and impacts of the alternatives, the NRC concludes that the requirements of the direct final rule are commensurate with the NRC's responsibilities for public health and safety and the common defense and security. No other available alternative is believed to be as satisfactory, and thus, this action is recommended. Regulatory Flexibility Certification In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the NRC certifies that this rule will not, if issued, have a significant economic impact on a substantial number of small entities. This direct final rule affects only the licensing and operation of nuclear power plants, independent spent fuel storage facilities, and NAC International, Inc. The companies that own these plants do not fall within the scope of the definition of ``small entities'' set forth in the Regulatory Flexibility Act or the Small Business Size Standards set out in regulations issued by the Small Business Administration at 13 CFR part 121. Backfit Analysis The NRC has determined that the backfit rule (10 CFR 50.109 or 10 CFR 72.62) does not apply to this direct final rule because this amendment does not involve any provisions that would impose backfits as defined. Therefore, a backfit analysis is not required. Small Business Regulatory Enforcement Fairness Act In accordance with the Small Business Regulatory Enforcement Fairness Act of 1996, the NRC has determined that this action is not a major rule and has verified this determination with the Office of [[Page 2500]] Information and Regulatory Affairs, Office of Management and Budget. List of Subjects in 10 CFR Part 72 Administrative practice and procedure, Criminal penalties, Manpower training programs, Nuclear materials, Occupational safety and health, Penalties, Radiation protection, Reporting and recordkeeping requirements, Security measures, Spent fuel, Whistleblowing. • For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; and 5 U.S.C. 552 and 553; the NRC is adopting the following amendments to 10 CFR part 72: PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR- RELATED GREATER THAN CLASS C WASTE • 1. The authority citation for part 72 continues to read as follows: Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L. 86-373, 73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); Pub. L. 95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 102- 486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 102, Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 133, 135, 137, 141, Pub. L. 97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153, 10155, 10157, 10161, 10168). Section 72.44(g) also issued under secs. 142(b) and 148(c), (d), Pub. L. 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b), 10168(c),(d)). Section 72.46 also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10165(g)). Subpart J also issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 97- 425, 96 Stat. 2202, 2203, 2204, 2222, 2244 (42 U.S.C. 10101, 10137(a), 10161(h)). Subparts K and L are also issued under sec. 133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 (42 U.S.C. 10198). • 2. In Sec. 72.214, Certificate of Compliance 1015 is revised to read as follows: Sec. 72.214 List of approved spent fuel storage casks. * * * * * Certificate Number: 1015. Initial Certificate Effective Date: November 20, 2000. Amendment Number 1 Effective Date: February 20, 2001. Amendment Number 2 Effective Date: December 31, 2001. Amendment Number 3 Effective Date: March 31, 2004. SAR Submitted by: NAC International, Inc. SAR Title: Final Safety Analysis Report for the NAC-UMS Universal Storage System. Docket Number: 72-1015. Certificate Expiration Date: November 20, 2020. Model Number: NAC-UMS. * * * * * Dated in Rockville, Maryland, this 30th day of December, 2003. For the Nuclear Regulatory Commission. William D. Travers, Executive Director for Operations. [FR Doc. 04-976 Filed 1-15-04; 8:45 am] BILLING CODE 7590-01-P ------------------------------------------ You are currently subscribed to epa-impact as: NEWS@ENERGY-NET.ORG To unsubscribe, send a blank email to leave-epa-impact-46782Y@lists.epa.gov OR: Use the listserver's web interface at https://lists.epa.gov/cgi-bin/lyris.pl to manage your subscription. For problems with this list, contact epa-impact-Owner@lists.epa.gov ------------------------------------------ ***************************************************************** 32 sacbee.com: Panel says Energy Department must test nuclear waste By ROBERT GEHRKE, Associated Press Last Updated 9:03 p.m. PST Thursday, January 15, 2004 WASHINGTON (AP) - The Energy Department has not done the necessary tests to justify relaxing the testing of radioactive waste shipments bound for a New Mexico storage site, a panel of scientists said Thursday. The department has argued that safety checks required on shipments to the Waste Isolation Pilot Plant near Carlsbad, N.M., cost $3.1 billion and create delays. Changing the requirements would save time and money, the department said in petitioning for changes last week. A report by a panel of scientists appointed by the National Research Council - a division of the National Academies of Science - said Energy has not done adequate studies to support its argument for easing regulations and those analyses should be done before it seeks to modify the state waste disposal permit. However, a provision backed by Sen. Pete Domenici, R-N.M., and signed into law last month by President Bush orders the Energy Department to request that New Mexico relax its testing requirements and restricts the state's ability to refuse the request. "This is another example of the management failures coming from the highest levels of DOE," said New Mexico Environment Secretary Ron Curry. "It is another example of DOE putting the cart before the horse and making unfounded assumptions to the detriment of New Mexicans." The Carlsbad facility buries transuranic waste - such as gloves, rags, tools, dried sludge and other debris contaminated during nuclear weapons making - in ancient salt beds 2,150 feet below ground. Under the Energy Department's proposed changes, instead of testing each shipment of waste, records kept on each drum of radioactive material would be used to determine whether the waste inside is eligible to be buried at the site. There is no deadline for the state to act on the Energy Department application. Sen. Jeff Bingaman, D-N.M., who objected to the Domenici provision, said the scientists' report shows that Congress should only pre-empt state regulatory authority "after a transparent process has taken place - a process that yields thoughtful and careful analysis." The law cannot be undone, Bingaman said, but it should serve as a reminder "that there is a well-established process for modifying existing state regulations and that the federal government should respect it." Domenici defended the provision. "Experience has shown us that intrusive sampling techniques have shown to have little environmental, public safety or health benefits," he said. The National Research Council panel said that when the Carlsbad plant became the first operational waste facility of its kind four years ago, it made sense for regulators to be cautious and impose rigorous measures for screening waste. Today, the site's track record could help identify changes that could be warranted. However, a systematic analysis is needed before the Energy Department can make its case that changes are justified, the panel said. [ The Sacramento Bee ***************************************************************** 33 Las Vegas RJ: Screening program started Friday, January 16, 2004 Yucca employees checked for exposure to airborne silica By KEN RITTER THE ASSOCIATED PRESS Yucca Mountain project managers began a lung disease screening program Thursday for current and former workers who might 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 whether 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 also was 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, 100 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. He declined to identify the workers, but said they are part of the screening process and were showing no symptoms of silicosis. Copyright Las Vegas Review-Journal ***************************************************************** 34 Las Vegas RJ: EDITORIAL: Yucca goes to court Friday, January 16, 2004 Making their case before a judicial panel convened at the U.S. Court of Appeals for the District of Columbia Wednesday, attorneys for Nevada argued the state had been unfairly singled out for the Yucca Mountain nuclear repository -- a plea which received a chilly reception, given that no one challenged Judge David Tatel's contention that the land is, in fact, "federal property." "This concerns the use of federal property in the state," said Judge Tatel. "When you are talking about federal property, it is not intuitive to consult the states." Nevada Attorney General Brian Sandoval had early on vowed an objection to that premise would be one of the tactics the state employed. So why did that premise apparently go unchallenged? Nevadans opposed to the waste dump can at least take some solace from the fact Judge Tatel and Judge Harry T. Edwards sharply questioned an attorney for the Environmental Protection Agency, demanding to know why the agency set an arbitrary 10,000-year safety standard, when the Energy Department found the peak radiation hazard of some waste at the site could occur 480,000 years in the future. The standard was cynically set because, "They cannot prove those cannisters will last more than 10,000 years," points out Nevada Attorney General Brian Sandoval. Good point. Unfortunately, though, today's politicized courts are generally loath to set themselves up as scientific experts. The judges are more likely to limit their ruling to procedural matters, deferring on the substance to "experts" retained by the U.S. government to shepherd Yucca Mountain to approval. An appeal to the U.S. Supreme Court is expected, regardless of Wednesday's result. But the opportunity to introduce a stronger case for Nevada's sovereignty over her own lands may just have gone a-glimmering. Copyright Las Vegas Review-Journal ***************************************************************** 35 Las Vegas RJ: Lawyer relays good news, bad news on Yucca Mountain court Friday, January 16, 2004 session By STEVE TETREAULT STEPHENS WASHINGTON BUREAU Joe Egan Lawyer says he sees signs lawsuit against EPA can be won WASHINGTON -- Nevada's lead nuclear waste lawyer delivered an upbeat report on the fight against the Yucca Mountain Project on Thursday although he conceded the state failed to land a knockout punch in court this week. While a three-judge panel has yet to rule on a suite of lawsuits, Virginia-based attorney Joe Egan said the state's constitutional challenge to the Yucca project and a separate lawsuit against the Energy Department probably are going to be rejected. However, he said a lawsuit against the Environmental Protection Agency appears winnable. Also, he said he expected concessions from the court that will strengthen Nevada's hand to contest DOE when it seeks a Nuclear Regulatory Commission license to build a nuclear waste repository in the state. "While we would have liked to have come out with a court order we could wave around saying the repository is history, the result still could be a very serious challenge to the repository," Egan told members of the Nevada Commission on Nuclear Projects. Five members of the oversight body convened a postmortem session with Egan and Nevada Attorney General Brian Sandoval after witnessing the state's oral arguments Wednesday at the U.S. Court of Appeals for the District of Columbia. The court bundled 13 lawsuits, including a half-dozen the state filed, into a 3 1/2-hour session. Judges Harry T. Edwards and David S. Tatel challenged attorneys throughout the morning, while Judge Karen LeCraft Henderson was less vocal. Edwards and Tatel reacted skeptically to Nevada's argument that Congress violated the U.S. Constitution by passing a law in July 2002 endorsing President Bush's pick of the Yucca site, 100 miles northwest of Las Vegas. The two judges also indicated they would dismiss a lawsuit against the Energy Department, saying it was nullified when Congress passed the Yucca Mountain law. Some state officials and environmental activists said they were downcast on Wednesday. On Thursday, they began to see silver linings. "A lot of us are more enthusiastic this morning than we were yesterday afternoon," said former Attorney General Brian McKay, chairman of the nuclear projects board. Egan said the state could pin its hopes on the court possibly invalidating standards that require DOE to prove the repository can protect Nevadans from radiation harm for a period of 10,000 years. Seeming to embrace the view of Nevada and the Natural Resources Defense Council, a co-plaintiff, Edwards and Tatel sharply questioned the Environmental Protection Agency over how the 10,000-year standard was set when a National Academy of Sciences study indicated radiation wouldn't peak for hundreds of thousands of years. "This is indeed a crack if not a breach in the wall," Sandoval said. "We are certain the fight did not end yesterday and it will not end when the court issues its order." Attorneys watching the cases said the Yucca project could face delay if the judges send the standards back to be rewritten, although some interviewed Wednesday said a ruling like that is far from assured. If the EPA radiation standard is lengthened, Nevada officials and environmental advocates said they doubt the Energy Department could prove Yucca Mountain is truly solid enough to prevent decaying radionuclides from escaping into the environment. "DOE would have to prove Yucca really can isolate waste for that amount of time, and that is very much up for contention," said Geoff Fettus, an attorney with the Natural Resources Defense Council who argued before judges Wednesday. Energy Department spokesman Joe Davis said DOE is confident it could meet redesigned health standards. He could not say whether it might take additional time. Several lawyers who observed the court action cautioned not to read too much into the judges' comments. Oral arguments are not always good predictors of how judges will rule. Despite asking tough questions, judges tend to give deference to federal agencies on administrative matters, said Jerry Stouck, an attorney whose clients include nuclear utilities Yankee Rowe, Connecticut Yankee and Maine Yankee. "You would have to think the government has an edge in any case like this," said Stouck, a partner in the Spriggs &Hollingsworth firm. "Agencies are not generally second-guessed by the court. Having said that, the Nevadans and the NRDC are making a lot of arguments and taking a shotgun approach to finding flaws in the process." Egan expects the appeals court will make a decision by late spring. Copyright Las Vegas Review-Journal ***************************************************************** 36 Baltimore Sun: Nuclear waste change opposed sunspot.net - nation/world Scientists question easing tests on shipments to N.M. Associated Press Originally published January 16, 2004 WASHINGTON - The Energy Department has not done the necessary tests to justify relaxing the testing of radioactive waste shipments bound for a New Mexico storage site, a panel of scientists said yesterday. The department has argued that safety checks required on shipments to the Waste Isolation Pilot Plant near Carlsbad, N.M., cost $3.1 billion and create delays. It petitioned for the changes last week. A report by a panel of scientists appointed by the National Research Council - a division of the National Academies of Science - said Energy has not done adequate studies to support easing regulations and those analyses should be done before it seeks to modify the state waste-disposal permit. However, a bill backed by Republican Sen. Pete V. Domenici of New Mexico and signed into law last month by President Bush orders the Energy Department to request that New Mexico relax its test requirements and restricts the state's ability to refuse the request. "This is another example of the management failures coming from the highest levels of DOE," said New Mexico Environment Secretary Ron Curry. "It is another example of DOE... making unfounded assumptions to the detriment of New Mexicans." The Carlsbad facility buries gloves, rags, tools, dried sludge and other debris contaminated during nuclear weapons making in ancient salt beds 2,150 feet underground. Under the Energy Department's proposed changes, instead of testing each shipment of waste, records kept on each drum of radioactive material would be used to determine whether the waste inside is eligible to be buried at the site. There is no deadline for the state to act on the Energy Department application. Democratic Sen. Jeff Bingaman of New Mexico, who objected to the Domenici provision, said the scientists' report shows that Congress should only pre-empt state regulatory authority "after a transparent process has taken place - a process that yields thoughtful and careful analysis." Copyright © 2004, | Get home delivery ***************************************************************** 37 Pahrump Valley Times: Nuke route a funny way to think January 16, 2004 COMMUNITY VIEWPOINT By MEL BAUER The preferred nuclear waste route selection made by the Department of Energy as announced on Dec. 23 is truly ludicrous in my way of thinking. Why would anyone build a 319-mile rail line, locking up 300,000 plus acres in lieu of 214 miles and a lot less open public land, just because the U.S. Air Force objected? The state of Nevada has objected to the Yucca Mountain Project from the beginning and no one seems to be listening to them, so why should the Air Force be any different? For that matter, why build even the 214 miles that generally would follow the 1888 Union Pacific survey route when 90 miles of rail on Montana Sen. William A. Clark's Las Vegas and Tonopah Railroad path, a proven route that would go from Apex, Nev. to Yucca Mountain, would be the least intrusive into military, public and private holdings? The city of Las Vegas objected to this route so the DOE listened. Could it be that the city of Las Vegas has more political clout than the state that has objected to YMP all along? If it's safe for the many cities that the trains will traverse en route to the proposed repository, why is Las Vegas any different? The DOE certainly does not seem to show that same respect for the residents in other cities across the country that have the nuclear waste moving through their locale. The DOE could even benefit from a better understanding of history and perhaps talk to a few of the old timers before they try to reinvent the wheel. From previous meetings it was apparent that they failed to evaluate all of the potential alternatives among the old rail routes. Nearly five years ago I attended a meeting that told of the routes under consideration that involved Carlin, Caliente, Las Vegas and Pahrump as potential routes. No mention was made of the old Tidewater and Tonopah rail route that could go from the Basin, Calif. to Yucca Mountain. They were unaware that such a railroad ever existed. Incidentally the old T route would also have been a safer method to ship the accumulation of radioactive waste at the Nevada Test Site to New Mexico in lieu of the truck shipments currently being used, in my opinion. While I'm on this soapbox, does anyone else wonder about the course of action being taken by Nye County elected officials that seem to ignore the risks that exist with Yucca Mountain as a repository and the long-term safety of the residents living in both southern Nevada and eastern central California? These officials apparently feel that it is useless to object to the whims of the DOE as long as at the end of the day they are given token payments for services rendered. I cannot believe that the "accept the inevitable" attitude prevalent among so many will prove to be the prudent choice in the end. Just ask the folks in New Mexico what they really got. Bauer writes from Amargosa valley For comment or questions, please e-mail webmaster@pahrumpvalleytimes.com Copyright © Pahrump Valley Times, 1997 - 2003 ***************************************************************** 38 AU ABC: Reprocessed fuel rods found in N Korea. 16/01/2004. ABC News Online Australian Broadcasting Corporation Online"> An unofficial United States delegation to North Korea says officials told it spent fuel rods have been reprocessed to extract plutonium, the material used in nuclear weapons. A member of the delegation and former State Department official, Charles Pritchard, says there is no way to verify North Korea's claim independently. North Korea claims it has nuclear weapons and is building up its arsenal. It reactivated its nuclear plant at Yongbyong just over a year ago after expelling United Nations inspectors. Charles Pritchard has given details of seeing an empty nuclear fuel pond and 8,000 missing fuel rods at the plant. "Those canisters were empty, the pond had contained no spent fuel rods and the North Koreans told us they had moved them out on a regular basis for reprocessing in the reprocessing facility," he said. --BBC © 2004 Australian Broadcasting Corporation ***************************************************************** 39 Pahrump Valley Times: YUCCA MOUNTAIN Judges weigh state's case January 16, 2004 By STEVE TETREAULT PVT WASHINGTON BUREAU WASHINGTON - Nevada won some and lost some on Wednesday as federal judges weighed the state's legal challenges to the Yucca Mountain Project. In a long-awaited court hearing, two out of three judges reacted with skepticism to 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 50 miles north of Pahrump and roughly 20 miles north of Amargosa Valley and east of Beatty, for the proposed 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 proposed nuclear waste 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 session contained possible setbacks as well that might prompt an eventual appeal to the Supreme Court. The three-and-a-half-hour session signaled a probable mixed outcome for Nevada and environmental organizations that filed lawsuits against the government's efforts to develop the repository. 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. The state's constitutional argument against the Yucca Mountain Project got a frosty reception. Nevada-hired constitutional expert Charles Cooper advanced the state charge it was singled out for a nuclear waste repository without a reason that could stand constitutional muster. "We hold that Congress must treat the states alike unless they have a neutral and rational basis to treat them differently," Cooper said, adding such a reason did not exist for selection of Yucca Mountain for nuclear waste burial. "Sovereign interests have been invaded by the federal government for this material that no other state wants," Cooper said. "Property clause powers are not absolute." 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. "How does the judgment on Yucca Mountain rise to the level of irrationality?" Tatel said. Afterwards, Egan 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 were rejected at the appeals level. On the site selection case, Edwards said Nevada could not challenge President 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 afterwards, cutting off Nevada's arguments on one of its cases that were 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 Yucca 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. EPA attorney Christopher Vaden said the agency had the authority to consider other factors besides the academy's findings, but Edwards said federal agencies often use the argument and he didn't buy it. "Yucca Mountain is no different than anything else," he said. "An agency doesn't have the ability to do what it wants just because it has rule-making authority. It's an old argument and you lose." 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 would 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 homerun (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 would review 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. Close to 200 onlookers filled the Ceremonial Courtroom, the largest chamber in the federal courthouse. While most represented industry groups, environmental organizations and federal agencies, there were five students in the audience on a field trip from the Community College of Southern Nevada. "I've been hearing about Yucca Mountain since I was a young kid," said James Croft, 27, a biology major taking classes at CCSN and UNLV. Croft said he and his classmates mingled in the hallway with Environmental Protection Agency officials "It was interesting to get their view and to talk to other people who were very favorable about dumping in Nevada," Croft said. "I'm still a little bit mixed on it. I don't know if the benefits outweigh the risks but definitely if we research it more, there's potential for storage there." webmaster@pahrumpvalleytimes.com Copyright © Pahrump Valley Times, 1997 - 2003 ***************************************************************** 40 DOE: Health Effects Subcommittee FR Doc 04-962 [Federal Register: January 16, 2004 (Volume 69, Number 11)] [Notices] [Page 2598-2599] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr16ja04-64] Name: Public meeting of the Citizens Advisory Committee on PHS Activities and Research at DOE Sites: Oak Ridge Reservation Health Effects Subcommittee (ORRHES). Time and Date: 12 p.m.-6:30 p.m., February 3, 2004. Place: Kingston Community Center, 201 Patton Ferry Road, Kingston, TN 37763. Telephone: (865) 376-9476. Status: Open to the public, limited only by the space available. The meeting room accommodates approximately 75 people. Background: Under a Memorandum of Understanding (MOU) signed in October 1990 and renewed in September 2000 between ATSDR and DOE, the MOU delineates the responsibilities and procedures for ATSDR's public health activities at DOE sites required under sections 104, 105, 107, and 120 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or ``Superfund''). These activities include health consultations and public health assessments at DOE sites listed on, or proposed for, the Superfund National Priorities List and at sites that are the subject of petitions from the public; and other health-related activities such as epidemiologic studies, health surveillance, exposure and disease registries, health education, substance-specific applied research, emergency response, and preparation of toxicological profiles. In addition, under an MOU signed in December 1990 with DOE and replaced by an MOU signed in 2000, the Department of Health and Human Services (HHS) has been given the [[Page 2599]] responsibility and resources for conducting analytic epidemiologic investigations of residents of communities in the vicinity of DOE facilities, workers at DOE facilities, and other persons potentially exposed to radiation or to potential hazards from non-nuclear energy production and use. HHS has delegated program responsibility to CDC. Community involvement is a critical part of ATSDR's and CDC's energy- related research and activities and input from members of the ORRHES is part of these efforts. Purpose: The purpose of this meeting is to address issues that are unique to community involvement with the ORRHES, and agency updates. Matters to be Discussed: Agenda items will include a presentation and discussion of the initial release of the Public Health Assessment on White Oak Creek Radionuclide Release from the DOE Oak Ridge Reservation, a response to recommendations regarding the Needs Assessment Document, updates and recommendations from the Public Health Assessment, Communications and Outreach, Agenda, Guidelines and Procedures, and the Health Education Needs Assessment Workgroups, and agency updates. Agenda items are subject to change as priorities dictate. FOR FURTHER INFORMATION CONTACT: Lorine Spencer, Executive Secretary, or Marilyn Horton, Committee Management Specialist, Division of Health Assessment and Consultation, ATSDR, 1600 Clifton Road, NE M/S E-32 Atlanta, Georgia 30333, telephone 1-888-42-ATSDR (28737), fax 404/498- 1744. The Director, Management Analysis and Services Office, has been delegated the authority to sign Federal Register notices pertaining to announcements of meetings and other committee management activities, for both CDC and ATDSR. Dated: January 12, 2004. Alvin Hall, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention. [FR Doc. 04-962 Filed 1-15-04; 8:45 am] BILLING CODE 4163-18-P ***************************************************************** 41 DOE: Environmental Management Site-Specific Advisory Board, Rocky FR Doc 04-986 [Federal Register: January 16, 2004 (Volume 69, Number 11)] [Notices] [Page 2584-2585] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr16ja04-46] Flats AGENCY: Department of Energy. [[Page 2585]] ACTION: Notice of open meeting. SUMMARY: This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Rocky Flats. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the Federal Register. DATES: Thursday, February 5, 2004; 6 p.m. to 9 p.m. ADDRESSES: College Hill Library, Room L211, Front Range Community College, 3705 West 112th Avenue, Westminster, CO. FOR FURTHER INFORMATION CONTACT: Ken Korkia, Board/Staff Coordinator, Rocky Flats Citizens Advisory Board, 10808 Highway 93, Unit B, Building 60, Room 107B, Golden, CO 80403; telephone (303) 966-7855; fax (303) 966-7856. SUPPLEMENTARY INFORMATION: Purpose of the Board: The purpose of the Board is to make recommendations to DOE and its regulators in the areas of environmental restoration, waste management, and related activities. Tentative Agenda: 1. Annual State of the Flats Presentation by Rocky Flats Officials. 2. Presentation and Discussion of the Original Landfill Interim Measure/Interim Remedial Action Document. 3. Presentation and Discussion of the Groundwater Interim Measure/ Interim Remedial Action Document. 4. Other Board business may be conducted as necessary. Public Participation: The meeting is open to the public. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to agenda items should contact Ken Korkia at the address or telephone number listed above. Requests must be received at least five days prior to the meeting and reasonable provisions will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Each individual wishing to make public comment will be provided a maximum of five minutes to present their comments. Minutes: The minutes of this meeting will be available for public review and copying at the office of the Rocky Flats Citizens Advisory Board, 10808 Highway 93, Unit B, Building 60, Room 107B, Golden, CO 80403; telephone (303) 966-7855. Hours of operations are 7:30 a.m. to 4 p.m., Monday through Friday. Minutes will also be made available by writing or calling Ken Korkia at the address or telephone number listed above. Board meeting minutes are posted on RFCAB's Web site within one month following each meeting at . Issued at Washington, DC, on January 13, 2004. Rachel M. Samuel, Deputy Advisory Committee Management Officer. [FR Doc. 04-986 Filed 1-15-04; 8:45 am] BILLING CODE 6450-01-P ***************************************************************** 42 DOE: West Valley Demonstration Project Final Waste Management FR Doc 04-988 [Federal Register: January 16, 2004 (Volume 69, Number 11)] [Notices] [Page 2583-2584] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr16ja04-45] Environmental Impact Statement AGENCY: Department of Energy. ACTION: Notice of Availability. SUMMARY: The Department of Energy (DOE) announces the availability of the West Valley Demonstration Project (WVDP) Final Waste Management Environmental Impact Statement (EIS), Cattaraugus County, West Valley, New York (DOE/EIS--0337F). DOE has prepared this Final EIS pursuant to the National Environmental Policy Act (NEPA) and applicable NEPA regulations issued by the Council on Environmental Quality (40 Code of Federal Regulations (CFR) Parts 1500-1508) and by DOE (10 CFR part 1021). DOE proposes to ship radioactive wastes that are either currently in storage on the WVDP site or that will be generated from WVDP operations over the next ten years, to offsite disposal locations. The Final EIS evaluates the potential environmental impacts of the proposed action, including impacts to workers and the public from waste transportation. The Final EIS also analyzes a No Action Alternative, under which most wastes would continue to be stored over the next ten years, and an alternative under which certain wastes would be shipped to interim offsite storage locations prior to disposal. ADDRESSES: Requests for copies of the Final EIS or requests for information about this document should be directed to: Mr. Daniel W. Sullivan, EIS Document Manager, DOE West Valley Area Office, 10282 Rock Springs Road, WV-49, West Valley, NY 14171-9799, Telephone: (800) 633- 5280 or (716) 942-2152. Copies of the Final EIS have been distributed to Federal, State, and local officials; Members of Congress; agencies; organizations; and individuals who may be interested or affected. The Final EIS will be available at http://tis.eh.doe.gov/nepa/docs.docs.htm or http://www.wv.doe.gov. Copies of the Final EIS and supporting technical reports also are available for public inspection at the following locations: Hulbert Library of the Town of Concord, 18 Chapel Street, Springville, NY 14141. Central Library of the Buffalo, and Erie County Public Library System, Science and Technology Department, Lafayette Square, Buffalo, NY 14203. West Valley Central School Library, 5359 School Street, West Valley, NY 14171. The Olean Public Library, 134 North 2nd Street, Olean, NY 14760. FOR FURTHER INFORMATION CONTACT: For additional information on this EIS, contact Mr. Daniel Sullivan at the address provided above. For general information on the DOE NEPA process, please contact: Ms. Carol Borgstrom, Director, Office of NEPA Policy and Compliance (EH-42), U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. Ms. Borgstrom may be contacted by calling (202) 586-4600 or by leaving a message at (800) 472-2756. SUPPLEMENTARY INFORMATION: The WVDP is located on the Western New York Nuclear Service Center (also referred to as the Center). The Center comprises approximately 13.5 square kilometers (five square miles) in West Valley, New York, and is located in the Town of Ashford, approximately 50 kilometers (30 miles) southeast of Buffalo, New York. The Center was the site of a commercial nuclear fuel reprocessing plant, which was the only one to have operated in the United States. The Center operated under a license issued by the Atomic Energy Commission (now the U.S. Nuclear Regulatory Commission [NRC]) in 1966 to Nuclear Fuel Services, Incorporated, and the New York State Atomic and Space Development Authority, now known as the New York State Energy Research and Development Authority (NYSERDA). During reprocessing, spent nuclear fuel from commercial nuclear power plants and DOE sites was chopped, dissolved, and processed by a solvent extraction system to recover uranium and plutonium. Fuel reprocessing ended in 1972 when the plant was shut down [[Page 2584]] for modifications to increase its capacity, reduce occupational radiation exposure, and reduce radioactive effluents. In 1976, Nuclear Fuel Services estimated that over $600 million would be required to modify the facility to increase its capacity and to comply with changes in regulatory standards. As a result, the company decided to withdraw from the nuclear fuel reprocessing business and exercise its contractual right to yield responsibility for the Center to NYSERDA. Nuclear Fuel Services withdrew from the Center without removing any of the in-process nuclear wastes. NYSERDA now holds title to and manages the Center on behalf of the people of the State of New York. In 1980, Congress passed the WVDP Act (Pub. L 96-368). This Act requires DOE to demonstrate that the liquid high-level radioactive waste (HLW) from reprocessing can be safely managed by solidifying it at the Center and transporting it to a geologic repository for permanent disposal. In addition to HLW, the WVDP also manages low-level radioactive waste (LLW), transuranic (TRU) waste, and mixed waste (radioactive and hazardous) generated as a result of Project activities. The WVDP Facilities and areas storing the waste are: The Process Building, which includes approximately 70 rooms and cells that comprised the NRC-licensed spent nuclear fuel reprocessing operations (one of the cells--the Chemical Process Cell--now serves as the storage facility for the canisters containing the HLW, which has been immobilized through vitrification); the Tank Farm, which includes the underground HLW storage tanks; Waste Storage Areas, which include several facilities such as Lag Storage Areas and the Chemical Process Cell Waste Storage Area; and the Radwaste Treatment System Drum Cell (Drum Cell), which stores cement-filled drums of stabilized LLW. DOE announced its intent to prepare this EIS in a March 2001 Notice of Intent (NOI) (66 FR 16447, March 26, 2001). DOE modified the proposed scope of this EIS as a result of public comments received during scoping and the Department's further evaluation of activities that might be required independently of final decisions on decommissioning and/or long-term stewardship at the WVDP. In the future, DOE plans to issue an EIS on decommissioning and/or long-term stewardship. DOE published an Advance NOI (66 FR 56090, November 6, 2001) inviting preliminary public comment on a proposed scope for the decommissioning and/or long-term stewardship EIS and published an NOI (68 FR 12004, March 13, 2003). Public Comments The Waste Management EIS was issued in draft on May 16, 2003, for public review and comment (68 FR 26587 (2003)). The 45-day comment period ended on June 30, 2003, although DOE also considered comments received after that date. Two public hearings on the Draft EIS were held on June 11, 2003, at the Ashford Office Complex near the WVDP site. The Final EIS incorporates public comments received on the Draft EIS and DOE responses. In response to public comments, several changes were made in the Final EIS. In particular, the option under Alternative B of placing retrievable grout in the HLW tanks as an interim stabilization measure has been eliminated. Information has been added regarding the extent to which the Canadian population within 80 kilometers (50 miles) of the site could be affected by the activities at the site and transportation under routine and accident conditions. In addition, a number of specific technical changes and corrections have been made in response to public comments, and updated DOE guidance regarding health risk factors was used to estimate potential impacts. Description of Alternatives The Final EIS analyzes three alternatives for the continued onsite waste management and shipment of wastes to offsite disposal. Under the No Action Alternative, Continuation of Ongoing Waste Management Activities, waste management would include continued storage of existing Class B and Class C LLW, TRU waste, and HLW. Limited amounts of Class A LLW would be shipped for off-site disposal and the remainder would be stored onsite. The waste storage tanks and their surrounding vaults would continue to be ventilated to manage moisture levels as a corrosion prevention measure. Under DOE's Preferred Alternative A, Offsite Shipment of HLW, LLW, Mixed LLW, and TRU Wastes to Disposal, DOE would ship Class A, B, and C LLW and mixed LLW to one of two potential DOE disposal sites (in Washington or Nevada) or to a commercial disposal site (such as the Envirocare facility in Utah); ship TRU waste to the Waste Isolation Pilot Plant (WIPP) in New Mexico; and ship HLW to the proposed Yucca Mountain HLW Repository. LLW and mixed LLW would be shipped over the next ten years. TRU waste shipments to the WIPP could occur within the next ten years if the TRU waste were determined to meet all the requirements for disposal in this repository. If some or all of WVDP's TRU waste did not meet these requirements, the Department would need to explore other alternatives for disposal of this waste. The waste storage tanks would continue to be managed as described under the No Action Alternative. Under Alternative B, Offsite Shipment of LLW and Mixed LLW to Disposal, and Shipment of HLW and TRU Waste to Interim Storage, LLW and mixed LLW would be shipped offsite for disposal at the same locations as Alternative A. TRU wastes would be shipped for interim storage at one of five DOE sites: the Hanford Site in Washington; the Idaho National Engineering and Environmental Laboratory (INEEL); the Oak Ridge National Laboratory (ORNL) in Tennessee; the Savannah River Site (SRS) in South Carolina; or WIPP. TRU wastes would subsequently be shipped to WIPP for disposal or interim storage at WIPP until disposal could be arranged. HLW would be shipped to SRS or Hanford for interim storage, with subsequent shipment to Yucca Mountain for disposal. The waste storage tanks would continue to be managed as described under the No Action Alternative. In addition, DOE considered, but did not analyze, an alternative to construct and maintain waste storage facilities for indefinite storage of waste at the WVDP. DOE presently does not consider that alternative to be practical or reasonable over time, because of continuing costs of construction of new facilities and maintenance of existing facilities. Record of Decision (ROD) DOE intends to issue a ROD no sooner than 30 days following publication in the Federal Register of the Environmental Protection Agency's Notice of Availability of the WVDP Final EIS. DOE will publish its ROD in the Federal Register. Issued in Washington, DC, on January 12, 2004. Jessie Hill Roberson, Assistant Secretary for Environmental Management. [FR Doc. 04-988 Filed 1-15-04; 8:45 am] BILLING CODE 6450-01-P ***************************************************************** 43 North County Times: UC officials keep options open on weapons labs January 15, 2004 10:24 PM PST By: MICHELLE LOCKE - Associated Press SAN FRANCISCO -- University of California leaders are keeping their options open on the nuclear weapons labs they've run for decades, telling administrators to get ready to bid on management contracts but stopping well short of deciding whether to compete. The system's governing Board of Regents voted Thursday to allow UC's president, with the agreement of the board chairman and the chair of a board committee on the labs, to agree to contract extensions, respond to government requests for information and hire outside experts. The vote doesn't commit UC to competing, but officials called it an important first step. "If we compete, we want to compete to win and we want to sweep the board," said Robert Foley, UC vice president for laboratory management. UC has long been tied to the nation's nuclear weapons program, running the Los Alamos National Laboratory in New Mexico since it was formed to work on the atom bomb in World War II. It has managed the Lawrence Livermore National Laboratory in Northern California since it was founded in 1952, largely because scientist Edward Teller wanted to speed up work on the hydrogen bomb. But in recent years, UC's role as nuclear steward has been shadowed by a series of management lapses at the labs, mostly involving sloppy business practices. Last year, the Department of Energy announced it would require bids when the Los Alamos contract runs out in 2005. A subsequent bill in Congress saying contracts more than 50 years old should be put out for bid means the Lawrence Livermore contract also may go up for bid as well as a third, nonweapons, UC lab, Lawrence Berkeley, founded in 1931 by pioneering physicist Ernest O. Lawrence. Foley said officials don't know when bids will be sought. The Lawrence Berkeley management contract runs out Jan. 31, but officials are expecting an extension. The Livermore contract runs out at the same time as Los Alamos', but extensions of up to two years are possible. Money for bid preparation will come from UC's federal lab management fees and won't dip into the system's state funds, which have been cut by hundreds of millions of dollars due to California's fiscal crisis. Bringing in outside help is an unusual step for UC, but one that Foley said is necessary considering that UC has never competed for the contracts and needs to overcome the perception that, while its science is widely praised, its business and security practices have been lacking. "What we do here cannot be seen as business as usual," he said. Before the vote, a number of speakers urged regents to sever ties with the labs, reading from letters that were part of a 100-letter "UC Nuclear Free" campaign. UC lecturer Urs Cipolat said UC has a moral responsibility to challenge using nuclear weapons. "A security concept risking the total annihilation of humankind and life as such can and must not be sustained," he said. webmaster@nctimes.com © 1997-2004 North County Times - Lee Enterprises editor@nctimes.com ***************************************************************** 44 El Paso Times: DOE sets meetings on permit changes Borderland Friday, January 16, 2004 Associated Press CARLSBAD -- The Department of Energy plans hearings in Carlsbad and Santa Fe next month on its plan to modify its permit for a nuclear waste dump near Carlsbad to change how waste is checked before being shipped to New Mexico. Legislation restricts the state's ability to reject DOE's request to eliminate tests for dangerous gases. Copyright © 2004 El Paso Times, a Gannett Co., Inc. newspaper. ***************************************************************** 45 Tri-Valley Herald: UC allowed assistance to run labs Article Last Updated: Friday, January 16, 2004 - Regents' move opens door for weapons labs By Ian Hoffman, STAFF WRITER SAN FRANCISCO -- For the first time in more than a half century, the university that designed all U.S. nuclear explosives is turning to private firms for help, a tacit admission that the school alone is unlikely to prevail in competitive bidding for them. "What we do here cannot be seen as business as usual," said University of California vice president for lab management Robert Foley. "It's got to be seen as fixes, as management, as really running it." UC's governing regents gave power Thursday to UC president Bob Dynes to team with private industry in running such critical lab functions as operations, purchasing and the handling of nuclear-weapons materials. University executives made clear they weren't yet seeking money or a green light to bid on staying at the helm of Los Alamos and Lawrence Livermore nuclear weapons labs and an unclassified, basic science facility, Lawrence Berkeley National Laboratory. At least two regents said they wanted a full-blown debate on the pros and cons of the university's continuing role in nuclear-weapons design and maintenance. "It's a very, very big decision," said Regent Sherry Lansing. "We need expertise on both sides of the equation." "Now is not the time to decide whether you want to compete or not," Dynes told the regents. "But that time will come." Congress last year ordered all three labs -- in fact all national labs operated by the same contractor without competition for more than 50 years -- put up for competitive bidding. Since the U.S. government tapped UC in the early 1940s for what became the Manhattan Project, the three labs' executives never have had to prove in formal bidding that they are the best for the job. Since the end of the Cold War, the U.S. Department of Energy and Congress have demanded higher standards of UC in business operations, safety and security, and UC's failings have been widely publicized. Foley said the university needs outside, industrial help running Los Alamos and, to a lesser extent, Livermore and Berkeley labs, whether it competes for them or not. The university already has "handshake deals" with one industrial partner and a second one that could be part of a consortium. Their employees would become university employees, though still collect a paycheck and benefits from their original firm. Foley wants them working at the labs and on prospective bids as soon as early February. "We need those now," the retired admiral told UC's regents. "And these fixes are absolutely needed regardless of whether the university decides to compete," in order to bring lab practices up to the same standards as their science. "We've been chastised and rightly so," Foley said. A bevy of universities, defense firms and government contractors are eyeing one or more of the three lab management contracts. The most likely competitors -- the University of Texas, several New Mexico universities, defense contractor Lockheed Martin, nonprofit government contractor Battelle Memorial Institute, engineering giant Bechtel Corp., defense consultant SAIC and others -- are weighing the details of team or solo lab bids. "The truth is, they're all keeping it pretty close to the vest," Foley said. And so is the University of California; its executives repeatedly turned aside requests for specifics, saying they were unwilling to reveal their hand to competitors. But all bidders are likely to have a private, for-profit element, giving U.S. corporations a first-ever hand in the design and maintenance of the nation's nuclear explosives. "The partners that are brought in, are they profit-oriented? Sure," Foley said. Scientists at the three labs have fretted that for-profit contractors would imperil their scientific freedom and curb the scope of their inquiry. They have a point when it comes to entirely for-profit contractors, says Bill Madia, Battelle vice president for lab management. "They have a profit motivation. Their shareholders expect a share of return. They want to limit risk and so your operations can be biased by that," he said. Lockheed Martin created Sandia Corp. partly as insulation against bottom-line management in its operation of Sandia National Laboratories in New Mexico and California. Madia suggests nonprofits such as Battelle and UC provide even more insurance against profits driving federal research. But in the end, he said, "Having for-profit partners is not inherently bad or good." Exactly what universities and corporations team up won't be clear for months, perhaps not until the Energy Department issues its formal request for bids in late summer or early fall. "The cake is not yet ready to come out of the oven," Madia said. Meanwhile, nuclear disarmament activists and UC faculty are campaigning to get the university out of the thermonuclear weapons business. UC lecturer Urs Cipolat told regents Thursday that the university has a moral obligation to challenge using nuclear weapons. "A security concept risking the total annihilation of mankind and life as such can and must not be sustained," he said. UC executives expect to tap the roughly $17 million a year that the university receives, plus contributions from its private partners and perhaps federal grants, to finance preparation of the three bids. "If we compete, we want to sweep the board on all three of these labs," Foley said. "I don't go in to lose." Contact Ian Hoffman at . ©1999-2003 by MediaNews Group, Inc. and ANG Newspapers ***************************************************************** 46 SF Chronicle: 2 UC regents push for in-depth talks on bidding to manage labs Keay Davidson, Chronicle Science Writer Friday, January 16, 2004 [San Francisco Chronicle] Two members of the University of California Board of Regents called Thursday for a serious discussion about whether UC should compete for contracts to continue its longtime job running the nation's nuclear weapons laboratories. Nine months have passed since Department of Energy Secretary Spencer Abraham said he would require competitive bidding on the contract to manage the UC-run Los Alamos National Laboratory, the nation's premier nuclear weapons design laboratory in New Mexico. Since then, Congress also has ordered competitive bidding for management at the two Bay Area labs UC has run for more than a half-century -- Lawrence Livermore and Lawrence Berkeley. Yet since Abraham's announcement, which followed a series of management and financial problems at Los Alamos, the regents haven't held a formal discussion about the pros and cons of competing for the new contracts -- a competition that could cost tens of millions of dollars at a time the university system is cutting back and raising fees to deal with California's state budget deficit. During Thursday's regents meeting in San Francisco, student member Matt J. Murray of UC Berkeley urged a full discussion about whether UC should fight to hold on to its lab contracts. But Regent Peter Preuss, who chairs the board's committee on oversight of the Energy Department labs, said that kind of discussion would be difficult because UC officials "don't know what we're competing for yet." University administrators have said they're waiting to decide whether to compete to continue as the stewards of the labs until the Energy Department produces its detailed description of the job expected of the new lab managers -- the first step in the bidding procedure. UC President Robert C. Dynes added: "Now is not the time to talk about whether we will compete or not. There will come a time." But Regent Sherry Lansing stepped in to second Murray's point. "Before I could make an intelligent decision" on whether UC should compete for the new contracts, Lansing said, "I need a lot more information. It's a very, very big decision, (and) we need to be as well informed as we can. " Lansing did not specify what such a discussion should involve. However, she said, board members need to hear opinions from "expertise that is balanced on both sides" of the issue. Neither Murray nor Lansing took a stand on the question of whether UC should compete, and neither specifically accused their colleagues on the board of delaying such a discussion. They later joined a unanimous vote to authorize Dynes to take what action he deems necessary to keep open the possibility of competing, in the event he has to take action without time for consulting with the regents. In that case, Dynes would need to consult only with Preuss and board chairman John J. Moores before taking action. The regents' vote does not commit UC to compete for any of the lab contracts, officials emphasized. All the vote does is allow UC to "stay in the stream for downstream competition" should the regents ultimately vote to do so, said Robert Foley, UC vice president for laboratory management. "You certainly don't want to wait to the last minute and be in reactive mode" should the Energy Department issue its requirements for the management contract and request a quick response, say within 45 days, Foley said at a press conference after the regents' meeting. A major potential competitor is the huge University of Texas system, which has long hoped to enhance its stature by winning a federal contract to run a national laboratory. Asked Thursday if he considered the University of Texas a viable competitor, Foley shrugged and said, "Why hypothesize on who might do it?" E-mail Keay Davidson at kdavidson@sfchronicle.com. · ©2004 San Francisco Chronicle ***************************************************************** 47 U.S. Newswire: DOE to Open New Lexington, Kentucky Program Office to Manage Cleanup Activities in Kentucky and Ohio 1/15/04 10:56:00 AM To: Assignment Desk and Daybook Editor Contact: Laura Schachter, 859-219-4010 (Ky. Office), or Chris Kielich, 202-586-5806, both of the Energy Department News Advisory: The Department of Energy (DOE) will open its new Portsmouth/Paducah Project Office in Lexington, Ky. on Friday, Jan. 16. The new office will manage environmental cleanup activities at the two DOE gaseous diffusion plants in Ohio and Kentucky. U.S. Senator Jim Bunning is expected to attend the event. The Lexington Project Office will provide a single point of accountability to achieve safe and efficient cleanup at the sites. WHAT: Opening of the DOE Portsmouth/Paducah Project Office WHEN: 2 p.m., Friday, Jan. 16 WHO: -- U.S. Senator Jim Bunning, Ky. -- William Murphie, manager, Portsmouth/Paducah Project Office WHERE: 1017 Majestic Drive, Suite 200, Lexington, Kentucky http://www.usnewswire.com/ -0- /© 2004 U.S. Newswire 202-347-2770/ ***************************************************************** 48 Oak Ridger: Construction of uranium-related facilities may start in July Story last updated at 12:15 p.m. on January 16, 2004 OFFICIAL: 'Safe and timely shipment of the cylinders is a high priority in this community.' By: Paul Parson | Oak Ridger Staff paul.parson@oakridger.com "Ship them out of here." That's what needs to be done with the stockpile of depleted uranium hexafluoride at the Oak Ridge K-25 site, according to Norman Mulvenon. He's a member of two local environmental watchdog groups - the Oak Ridge Reservation Local Oversight Committee and the Oak Ridge Site-Specific Advisory Board. And, shipping the material out of town is just what the Department of Energy plans to do. But, before that happens, the federal agency has to wrap up all the legal loose ends for a proposed plan to construct depleted uranium hexafluoride conversion facilities in Portsmouth, Ohio, and Paducah, Ky. The federal agency held a public hearing Thursday evening in Oak Ridge on two draft environmental impact statements pertaining to the facilities. A final version of the document is expected to be released in June, with a record of decision to follow. Construction is set to begin by the end of July uranium hexafluouride cylinders between storage yards at the Oak Ridge K-25 site, according to officials. Depleted uranium hexafluoride is a byproduct of the uranium enrichment process, where uranium was ultimately processed into nuclear reactor fuel and weapons-grade material. The growing amount of this material has been a national concern for decades. There are 4,800 cylinders of depleted uranium hexafluoride currently stored at K-25. Current plans are for the cylinders to be shipped to Ohio. Bechtel Jacobs Co., DOE's cleanup contractor, will be responsible for all off-site shipments of K-25's cylinders, according to Chuck Jenkins, a Bechtel Jacobs spokesman. "Safe and timely shipment of the cylinders is a high priority in this community," said Susan Gawarecki, executive director of the Local Oversight Committee. Gawarecki said the shipments are a multi-state issue, adding that emergency management officials should be notified and consulted about the material coming through their states. The new facilities will convert the depleted uranium hexafluoride to a more stable chemical form for use or disposal. ***************************************************************** 49 Oak Ridger: CROET wins award from business magazine Story last updated at 12:37 p.m. on January 16, 2004 The Community Reuse Organization of East Tennessee has been recognized as one of the communities, corporations and individuals who are the driving forces behind the world's economic growth, according to Karim Khan, editor-in-chief of Business Facilities magazine. CROET has received the silver award in the regional program category in the magazine's 11th annual Economic Development Awards. "These awards represent some of the most innovative work out there in the economic development community," Khan said. "Anyone seeking to expand his or her business should take a hard look at these winning locations to see what a successful development effort looks like." CROET was recognized for its work to leverage regional resources and build an infrastructure and private sector industrial base that will replace the community's dependence on the federal government, according to a press release. Following the shutdown of government facilities in Oak Ridge, CROET was formed through grants provided by the DOE Office of Worker and Community and Transition. As a result, Heritage Center LLC was created as a brownfield development in Oak Ridge and 1,000 acres nearby were transformed to Horizon Center LLC. ***************************************************************** 50 Oak Ridger: Commissioner says he'll help get DOE money for county Story last updated at 12:37 p.m. on January 16, 2004 By: Donna Smith | Oak Ridger Staff CLINTON - Anderson County Commissioner David Bolling had a short message for fellow commissioners Thursday night - "tell me what you want me to do" to get more Department of Energy funds for the county. Bolling said considering the county's needs - jail expansion, more jailers and $5 million in school improvements - and its prospect of little tax growth, more DOE in lieu of tax funds could be the only answer. "Our only way out is to get something meaningful from the Department of Energy," the former county executive said. "I want this committee (commissioners) to tell me what to do because I don't think we're getting the cooperation from Roane County and Oak Ridge." Bolling said it didn't appear to him that the three governments were speaking with "one voice" about getting more DOE funds, a request that was made by Tennessee's congressional delegation. The Oak Ridge City Council has been examining its efforts to acquire more DOE funds. It has a $12,000-a-month contract with the Baker, Donelson, Bearman, Caldwell &Berkowitz law firm to work toward obtaining more DOE funds. Total cost to the city so far is $279,364. Bolling has a history of working with local, state and national leaders to get more funds from DOE, which doesn't pay property tax on the land it holds. He and the late Gene Joyce, of Oak Ridge, worked toward the financial goal. Bolling spoke to the Commission, which met for a work session in the Anderson County Courthouse on financial issues. ***************************************************************** 51 Oak Ridger: Y-12 security review deemed 'pretty ugly' Story last updated at 12:37 p.m. on January 16, 2004 CONGRESSMAN: 'We have to make sure this facility, its workforce and our community are strongly protected.' By: Paul Parson | Oak Ridger Staff In the event of a terrorist attack, Oak Ridge's nuclear weapons plant could not adequately protect its supply of bomb-grade uranium, according to a federal watchdog group. The Washington, D.C.-based Project On Government Oversight based its claims on unnamed government sources and a review last month of protective security forces at the Y-12 National Security Complex. Oak Ridge was apparently the first site to undergo the high-level security exercise, which was conducted by the Department of Energy's office of Security and Performance Assurance. "It (the review) was pretty ugly," said Peter Stockton, a senior investigator with the watchdog group. Joe Davis, chief spokesman for DOE headquarters, said this morning that the Y-12 security review was not finished and added that he wasn't sure where the Project On Government Oversight got its information. "I don't know if their information is even correct," Davis said. Bill Brumley, the Oak Ridge chief of the National Nuclear Security Administration, declined to discuss any details of the review during a brief telephone interview Thursday afternoon. However, Brumley said he recently discussed the review with high-ranking NNSA officials - a typical procedure following such inspections. Officials with BWXT Y-12 also declined to comment on the review or the Project On Government Oversight's claims. BWXT Y-12 manages Y-12 for the NNSA - the quasi-independent agency within DOE that oversees the nuclear weapons complex. Y-12, which is sometimes referred to as the "Fort Knox of Uranium," plays a major role in the security of the nation by its production and refurbishment of weapons components, storage of nuclear material and prevention of the spread of weapons of mass destruction. Construction of Y-12 started in the early 1940s as part of World War II's Manhattan Project. The uranium enriched at Y-12 ultimately fueled the "Little Boy" bomb, which was dropped on Hiroshima, Japan, near the end of the war in 1945. According to the watchdog group, most of the facilities at Y-12 that store highly enriched uranium are at least 50 years old, and were not designed to store large quantities of weapons-grade nuclear materials. For quite some time, Y-12's storage arrangements have been considered a weak point in the nation's nuclear security, according to some observers. And, in early 2001, the Project On Government Oversight issued a report stating that the federal government had lax security at its nuclear weapons facilities, including Y-12. If a terrorist gains access to the highly enriched uranium, he or she could create a so-called improvised nuclear device in a matter of minutes, according to Stockton. Though several varying definitions exist, an improvised nuclear device is essentially a weapon designed to result in the dispersal of radioactive material or in the formation of nuclear-yield reaction. "It's not difficult," said Stockton of the construction of the improvised nuclear devices. However, he would not discuss how the weapons are made. U.S. Rep. Zach Wamp, R-3rd District, described Y-12 as the linchpin of the nation's nuclear weapons complex, adding that it plays a strategic role in the defense of the country. "Every facet of our country's infrastructure faces dramatically increased security challenges in the aftermath of Sept. 11, 2001, and our nation's vital nuclear weapons facilities face a dangerous new type of threat," the congressman said. "I am briefed regularly and in depth by top NNSA officials as they replace the aging structures, invest in cutting-edge security technologies and increase the guard force to strengthen Y-12's security posture. We have to make sure this facility, its workforce and our community are strongly protected." A new storage facility for highly enriched uranium is a key element in the modernization of the aging Oak Ridge weapons plant. In previous interviews, BWXT Y-12 officials have said construction on the facility would begin this year, with the end product being as big as "roughly four football fields." "It's a step in the right direction," said Stockton of the proposed storage facility. "I don't know if that's going to solve the whole problem." Stockton said he also had it on good authority that someone had been "taken out of their position" at the Oak Ridge NNSA office, possibly as a result of the recent review. "No one has been demoted," said Brumley. "No one has been fired. No one has been canned." However, the NNSA chief said he recently made some management changes in his local office to "further strengthen" the organization. Brumley told The Oak Ridger that Sharon Daly, who served as assistant manager of safeguards and security, was detailed to an assignment focusing on the technical aspects of security. The NNSA chief also said that Ken Ivey will assume the top security position on an acting basis. Brumley also said Thursday afternoon he might bring in some people from the NNSA's field office in Amarillo, Texas, for some temporary assignments in Oak Ridge. The Amarillo office oversees the Pantex Plant. Wackenhut Services Inc. has provided security at the Y-12 weapons plant since January 2000. Last September, the NNSA gave its security contractor its highest scores to-date on an evaluation. According to Wackenhut officials, the company received "outstanding" scores in several areas including protective force training and rapid response to changing security condition levels. Attempts to get a comment from the Oak Ridge Environmental Peace Alliance were unsuccessful. The organization seeks to end the production of nuclear weapons in Oak Ridge. ***************************************************************** 52 Paducah Sun: Lexington opens DOE office Paducah, Kentucky Friday, January 16, 2004 Sen. Jim Bunning will lead a ribbon-cutting ceremony at 1 p.m. CST today for a new Department of Energy Office in Lexington to oversee environmental work in Paducah and Piketon, Ohio. Joining Bunning will be office manager Bill Murphie; Phil Foley, president of the Paducah Gaseous Diffusion Plant nuclear workers' union; others from Paducah; and state and federal regulators. The office is at 1017 Majestic Drive, Suite 200. Bunning led an effort in Congress to put the office in Kentucky. In 2002, lawmakers approved his provision to remove Paducah and Piketon from control of DOE operations in Oak Ridge, Tenn., and put the communities under direct funding and communications with agency headquarters in Washington, D.C. The change has been controversial because of eliminating most of the Energy Department staff at Paducah. ***************************************************************** 53 Google News Alert - nuclear Date: Fri, 16 Jan 2004 15:28:06 -0800 ISRAEL'S nuclear policy criticised Al-Jazeera, Qatar Political events in the Middle East in recent weeks have once again brought to surface the question of nuclear weapons and weapons disarmament in the region. ... NEVADA looks to court to block nuclear dump Infoshop News ... say a federal appeals court hearing this week on a collection of lawsuits will give the state its best chance to block the government's plans to entomb nuclear ... US, Britain to meet with UN nuclear watchdog on Libya Hindustan Times, India US and British officials are to meet in Vienna on Monday with the UN nuclear watchdog to discuss monitoring Libya's promise to dismantle its weapons of mass ... ENTERGY: Strike would not shut NY nuclear plant Forbes NEW YORK, Jan 16 (Reuters) - Entergy Nuclear said on Friday it plans to keep its giant Indian Point 3 reactor in New York operating even if the plant's union ... EXPERTS in Netherlands to Check Box That Held Nuclear Material New York Times 15 Nuclear inspectors arrived in the Netherlands this week to examine a shipping container from the Middle East that was found to contain a small amount of ... Nuke agency believes yellowcake from Iraq - WorldNetDaily Experts in Netherlands to Check Box That Held Nuclear Material - New York Times IAEA probing discovery of uranium oxide in shipment of scrap ... DPRK warns US not to waste time in resolving nuclear crisis Xinhua, China 16 (Xinhuanet) -- Officials of the Democratic People's Republic of Korea (DPRK) warned that any delay in resolving the nuclear crisis will only give Pyongyang ... EU backs funding for nuclear power stations and package on ... Environmental Data Interactive, UK The European Parliament has enraged environmentalists by adopting two non-binding resolutions on the Commission's nuclear package and one proposal granting ... N Korea 'warned US delegation on nuclear deterrent' Financial Times (subscription), UK North Korea revealed part of its nuclear weapons programme to a visiting US delegation last week and threatened to increase the size and strength of its ... ISRAELI arrested in Denver for shipping nuclear-related parts to ... Ha'aretz, Israel ... Thursday remanded to custody an Israeli citizen who was arrested on suspicions he illegally shipped high-tech equipment to Pakistan that could detonate nuclear ... NORTH Korea highlights its nuclear capabilities Kansas City Star (subscription), MO WASHINGTON — North Korea displayed apparent new evidence of its nuclear deterrent to a private US delegation last week, a member of the group said Thursday. ... 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