***************************************************************** 01/27/04 **** RADIATION BULLETIN(RADBULL) **** VOL 12.22 ***************************************************************** 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 Deseret news: Cheney avoids queries on Iraq WMDs 2 Las Vegas SUN: A Look at Tuesday's Developments in Iraq 3 Guardian Unlimited: Iraqi who gave MI6 45-minute claim says it was u 4 US: NYT: Mr. Cheney, Meet Mr. Kay 5 Times Herald: Failed weapons search belies Bush credibility - 6 Iraq inspectors should continue their work, Bush administration say 7 Mercury News: Bush evades Iraq WMD question, defends going to war 8 The Herald: Pressure mounting over WMD doubt 9 UK Independent: No humanitarian case for Iraq war, says rights group 10 Washington Dispatch - Opinion: Of WMD And Saddam Hussein 11 FT: Cheney backs away from Iraq WMD claim 12 FT: Cheney 'waged war' on Blair Iraq strategy 13 AU ABC: Howard defiant over Iraq war involvement. 14 asahi.com : EDITORIAL: Was threat an illusion? 15 US: FR: DOC: Trade war with France over Enriched Uranium 16 US: Capital Times Opinion: Editorial: The deceiving of the Union 17 US: Capitol Hill Blue: What Went Wrong? 18 Bennington Banner - Editorials: Bush ushers in era of 'not my fault' 19 US: SF Chronicle: To tell the truth 20 US: Heritage Foundation: Dealing with Dirty Bombs: Plain Facts, Prac 21 Guardian Unlimited: Leak against this war (D Ellberg) 22 US: CS Monitor: Nukes: Can US practice what it preaches? 23 Las Vegas SUN: Libya Nuclear Components Arrive in U.S. 24 Las Vegas SUN: Top Pakistan Nuke Scientist Investigated 25 AU SMH: Powell lets fly with criticism of Russia - 26 Washington Post: Hope on N. Korea 27 Daily Times: FO says Pakistan will remain nuclear 28 english.eastday: China applies to join Nuclear Suppliers Group 29 Boston.com: In Moscow, Powell airs concerns, hails progress 30 Guardian Unlimited: The US is now in the hands of a group of 31 asahi.com : EDITORIAL: 25 years after the shah 32 Las Vegas SUN: Pakistan and India to Start Peace Talks NUCLEAR REACTORS 33 US: NRC: NRC to Hold Public Meeting on Environmental Review for Prop 34 US: NRC: NRC Modifies Financial Information Requirements for Power R 35 US: NRC: Sunshine Notice 36 US: JS Online: Point Beach official replaced 37 US: NRC: Notice of Finding of No Significant Impact and Availability 38 US: NRC: Notice of Finding of No Significant Impact and Availability 39 US: NRC: Notice of Availability of Environmental Assessment and Find 40 US: York Daily Record NRC: Emergency office planned - 41 SOFIA: Business in Bulgaria Votes "Yes" to Future EU Entry NUCLEAR SAFETY 42 [du-list] Gulf Veteran: Terry Walkers New Book now out!! 43 [du-list] UK Parliamentry questions on DU 44 US: [du-list] [Fwd: ARDEN HILLS: City seeks assurances that 45 US: STLtoday: Bill seeks payments for nuclear workers 46 US: Cibola County Beacon: Filibuster stalls radiation exposure compe NUCLEAR FUEL CYCLE 47 Las Vegas SUN: Minnesota delegation hears Nevada opposition to nuke 48 US: WIEB: HL Waste meeting 1-29-04 49 US: Salt Lake Tribune: Fight to keep N-dump at bay has support 50 Las Vegas RJ: Minnesota legislators' reaction to Yucca Mountain plan 51 Las Vegas SUN: Minnesota lawmakers have Yucca concerns 52 US: EnergyPulse: Nuclear Waste Perspectives (Pro-nuke) 53 Re: Yucca Mountain high-level waste repository 54 KBVC: Utility Companies File Lawsuits to Hurry Yucca Project 55 US: KRNV: Nuclear utilities face deadline for radioactive waste laws 56 US: CBS 2: Some Concerns About Nuclear Storage Plan NUCLEAR WEAPONS US DEPT. OF ENERGY 57 Guards Cheating At US Nuke Weapons Storehouses During Anti-Terror Dr 58 DOE: Privacy Act of 1974; Notice To Amend An Existing System of 59 DOE: Decision To Compete Management and Operating Contracts for Los 60 Tri-City Herald: Letter asks for cleanup solution 61 Tri-City Herald: Cleanup contract division sought 62 Knox News: Tennessee delegation touts Y-12 role 63 KIFI: DOE Cites Bechtel BWXT Idaho for Falling Containers 64 Hawk Eye: Senator awaits DOE reply 65 Hawk Eye: DOE doesn÷t deliver papers 66 Hawk Eye: Grassley wants Iowan named to board 67 PISJ: DOE slaps Bechtel with $41,250 penalty 68 Tri-Valley Herald: Seeking a piece of the nuclear pie 69 Oak Ridger: BNFL tackles removal of three storage tanks 70 Oak Ridger: Y-12 security test blasted in DOE report 71 Oak Ridger: Dick Smyser: Uranium and hydrogen in ETEC's future; 72 Oak Ridger: Official ponders fate of UT-Battelle's contract to manag 73 GEM: Energy to open more nuclear lab contracts to competition OTHER NUCLEAR 74 [du-list] DU in the news 28th Jan 04 75 Google News Alert - nuclear ***************************************************************** ***************************************************************** FULL NEWS STORIES ***************************************************************** ***************************************************************** 1 Deseret news: Cheney avoids queries on Iraq WMDs [deseretnews.com] Tuesday, January 27, 2004 In Italy, he urges nations to fight rise of such weapons By Deb Riechmann Associated Press ROME — Vice President Dick Cheney, pushing his effort to persuade Europe to stand with the United States against the spread of weapons of mass destruction, steered clear on Monday of questions back home about whether Iraq had such weapons before the U.S.-led invasion. Vice President Dick Cheney and his wife, Lynne, pay their respects at the grave of U.S. 2nd Lt. Donovan Astle at the Sicily-Rome American Cemetery and Memorial near Rome on Monday. Corrado Giambalvo, Associated Press In a speech at the Senate Library in the heart of Rome, Cheney beseeched free nations to fight proliferation of nuclear, biological and chemical weapons and tried to allay fears of Europeans who worry about a dominant U.S. role in the world. "Working cooperatively against the dangers of a new era will place demands on us all," Cheney said. "Using military power, when no alternative remains, will always be the most difficult decision that leaders can take. Yet all of these great responsibilities are central to our future success as free nations." In his appeal for strong trans-Atlantic relations, Cheney did not mention recent statements by David Kay, the outgoing chief U.S. weapons inspector in Iraq, who has said that he does not believe that deposed President Saddam Hussein had weapons of mass destruction when war began. The U.S. insistence that he secretly hoarded them was a major reason President Bush ordered the attack last March, from which many European leaders — but not Italian Premier Silvio Berlusconi — strongly dissented. During the past few days, Secretary of State Colin Powell has held out the possibility that the weapons weren't there. Cheney didn't answer a reporter's question Monday about whether the prewar intelligence was faulty. A senior administration official on the trip repeated what Cheney told a National Public Radio reporter last week, that the "jury is still out" on whether the intelligence accurately reflected what kind of weapons were in Iraq. Democratic candidates for president, meanwhile, say Kay's comments reinforce claims the Bush administration exaggerated the threat to the United States from Iraq. "In all of our actions, the world's democracies must send an unmistakable message: that the pursuit of weapons of mass destruction only invites isolation and carries with it great costs," Cheney said in his speech. "Leaders who abandon the pursuit of those weapons will find an open path to far better relations with governments around the world." Countering beliefs, mainly by France and Russia, that U.S. power should be countered by alliances such as the European Union, Cheney said: "Our choice is not between a unipolar world and a multipolar world. Our choice is for a just, free and democratic world." "Unipolar" has become code for overwhelming U.S. power. Cheney spent all day working to boost Italy's standing in the European community. He thanked it for helping in the war against terrorism and in Iraq, despite widespread public opposition to the Iraq war. Italy did not send combat troops, but after Baghdad fell, about 3,000 Italian troops, law enforcement officers and others were dispatched to help rebuild the nation. A suicide bomber at their barracks killed 19 Italians in November. On a rainy Monday evening, Cheney sealed the Bush administration's friendship with Berlusconi with a handshake at a palace used by the Italian Foreign Ministry. The two exchanged pleasantries, Cheney calling Berlusconi a "close friend and a source of wise counsel," and Berlusconi noting that Italy was the only other country besides Switzerland that Cheney visited during his five-day trip to Europe. In the afternoon, before the rain began, Cheney visited the Sicily-Rome American Cemetery and Memorial, about 30 miles south of Rome. There he recognized the 60th anniversary of Allied landings at Nettuno and Anzio on Jan. 22, 1944 — surprise attacks that helped pave the way for the liberation of Rome. About 7,860 American soldiers are buried at the cemetery, some in unmarked graves. Cheney visited three burial sites at the cemetery where tall Roman pines overlook rows of graves marked by white marble crosses, then laid a wreath at a statue honoring the fallen. The three graves were those of 2nd Lt. Sara Vance, from West Virginia, who died Oct. 22, 1944; 1st Lt. Robert T. Waugh, from Maine, who died May 19, 1944; and 2nd Lt. Donovan A. Astle, from Wyoming, who died Sept. 3, 1943. In greeting Cheney there, the president of the Italian Chamber of Deputies, Pier Ferdinando Casini, said, "When we say in Italy, in Europe, there is no room for anti-Americanism, that's our way of saying thank you." © 2004 Deseret News Publishing Company ***************************************************************** 2 Las Vegas SUN: A Look at Tuesday's Developments in Iraq Today: January 27, 2004 at 12:20:14 PST By The Associated Press ASSOCIATED PRESS A look at Tuesday's major developments in Iraq: - A roadside bombing west of Baghdad killed three American soldiers from the 82nd Airborne Division, and wounded one American soldier. Two Iraqis also died. - U.N. Secretary-General Kofi Annan said in Paris he was ready to send a team to Iraq to assess prospects for early elections once the U.S.-led coalition can guarantee security. - President Bush defended his decision to go to war despite chief inspector David Kay's conclusion that Saddam Hussein did not have weapons of mass destruction, as the United States had believed. Bush said he had "great confidence" in the intelligence community, which had provided prewar estimates about Saddam's arsenal. But Bush refrained from saying weapons of mass destruction would be discovered eventually. Bush had cited Saddam's alleged weapons as justification for the war. - Two Iraqi men working for CNN riding in a two-car convoy were shot and killed by unidentified assailants outside Baghdad. A CNN cameraman in the second car was grazed in the head by a bullet, while correspondent Michael Holmes and three other people were unhurt. - U.S. forces discovered a car rigged with explosives in a parking lot near the offices of the U.S.-appointed Iraqi Governing Council in Baghdad. - U.S. soldiers killed three members of a suspected guerrilla cell linked to the former Baathist regime during raids in Beiji, a town north of Saddam Hussein's hometown of Tikrit. The cell, Muhammad's Army, has been linked to attacks against coalition forces. - The Kurdish government in northern Iraq's Irbil province threatened to close down the office of a Turkish-led peacekeeping force if Ankara did not withdraw. Turkey sent the force during the last decade to patrol a line separating rival Kurdish groups. -- ***************************************************************** 3 Guardian Unlimited: Iraqi who gave MI6 45-minute claim says it was untrue David Leigh and Richard Norton-Taylor Tuesday January 27, 2004 The Guardian The government's dogged insistence that Saddam Hussein was able to deploy weapons of mass destruction within 45 minutes of the order being given suffered two serious blows yesterday as ministers braced themselves for the findings of the Hutton inquiry. As the foreign secretary, Jack Straw, was once again forced to defend the justification for going to war, the Iraqi exile group in London which claims to have supplied MI6 with the intelligence about Saddam's 45-minute capability admitted that the information might have been completely untrue. Nick Theros, the Washington representative of Iyad Allawi, who headed the Iraqi National Accord in exile, said it was raw intelligence from a single source, part of a large amount of information passed on by the INA to MI6. He told the Guardian: "We were passing it on in good faith. It was for the intelligence services to verify it." The admission came as David Kay, who resigned as the coalition's chief weapons inspector in Iraq on Friday, accused the intelligence agencies of failing to detect that Saddam's weapons programme was in disarray as a result of corruption and increasingly erratic leadership. Mr Straw admitted that it was "disappointing" that the inspectors had not found evidence of the weapons, but said the war with Iraq was more justified today than it had been when MPs voted for the invasion. "We were never saying that Saddam Hussein posed an imminent threat to the United Kingdom... The serious and current threat [was] to the world, and that was absolutely true, and I remain convinced it was," he told the BBC Radio 4 programme Today. The claim that Saddam could deploy chemical or biological weapons within 45 minutes was highlighted by Tony Blair's preface to the dossier issued by the government in September 2002 in the run-up to the war. It was also at the heart of the row between Downing Street and the BBC after doubt was cast on its accuracy by the government weapons scientist David Kelly. But Mr Theros said the information now seemed to be a "crock of shit". "Clearly we have not found WMD," he said. Mr Theros works with his father, a former US ambassador, to promote the political affairs of Mr Allawi, who is now a member of the Iraqi governing council in Baghdad. He said the Iraqi officer who claims to have been the original source of the intelligence had in fact never seen the purported chemical weapons crates upon which his 45-minute claim was based. The former INA spy, who calls himself Lieutenant Colonel al-Dabbagh, although this is not his full name, is now said to be "in hiding". At the time, he says, he commanded a frontline unit. He told the Sunday Telegraph and NBC television that before the September 2002 dossier was published he smuggled out sketchy intelligence about WMD to MI6 via a general in Baghdad working for the INA. He said one of Saddam's senior officials told a meeting of air defence commanders "probably sometime in the spring" that an arsenal of unspecified secret weapons would be used for battlefield defence against US invaders. "They told us that [coalition troops] cannot pass across Iraq because we will use everything from the knife to nuclear weapons to defend ourselves." The colonel says his unit later took delivery of an unspecified number of crates which appeared to contain short-range weapons, such as rocket-propelled grenades. They were supposedly to be fired from civilian jeeps as a last-ditch defence by Saddam loyalists wearing gas masks. Sir Richard Dearlove, head of MI6, did not deny in evidence to the Hutton inquiry that the intelligence for the 45-minute WMD claim came second-hand from a single source who was a senior Iraqi army officer. Further damage to Downing Street's case for going to war came from Dr Kay, who said yesterday that the CIA and other intelligence agencies had failed to recognise that Iraq had all but abandoned its efforts to produce large quantities of chemical or biological weapons after the first Gulf war. He told the New York Times that his team discovered that Iraq had plunged into what he called a "vortex of corruption" around 1997 and 1998. Iraqi scientists realised that they could go to Saddam and present plans for weapons programmes and receive large amounts of money, without making good their promises. [UP] Guardian Newspapers Limited ***************************************************************** 4 NYT: Mr. Cheney, Meet Mr. Kay Published: January 27, 2004 [V] ice President Dick Cheney continued to insist last week that Iraq had been trying to make weapons of mass destruction, apparently oblivious to the findings of the administration's own chief weapons inspector that Iraq had possessed only rudimentary capabilities and unrealized intentions. The vice president's myopia suggests a breathtaking unwillingness to accept a reality that conflicts with the administration's preconceived notions. This kind of rigid thinking helped propel us into an invasion without broad international support and, if Mr. Cheney is as influential as many say, could propel us into further misadventures down the road. Mr. Cheney has long been the administration's most alarmist proponent of the view that Saddam Hussein had chemical and biological weapons ready for use at any time and an active nuclear program. He gave little ground in an interview on National Public Radio on Thursday. He described two flatbed trailers found in Iraq months ago as mobile biological weapons labs and claimed they were "conclusive evidence" of Iraqi programs to make weapons of mass destruction. The very next day, David Kay, who had just stepped down as the top weapons inspector, told Reuters that he now thought the much-feared stockpiles of biological and chemical weapons had not existed on the eve of the war. They were eliminated in the mid-1990's by United Nations inspectors and by Iraq's own decisions, he said, and no significant efforts to make new ones followed. As for those trailers cited by Mr. Cheney, the consensus view, Mr. Kay told The Times, is that they were intended to produce hydrogen or perhaps rocket fuel, not biological weapons. Mr. Kay had earlier called the trailer assertions an embarrassing fiasco. So, too, with Iraq's nuclear weapons program. Mr. Cheney once famously declared that it had been reconstituted, but Mr. Kay called it rudimentary — hardly capable of producing a bomb in a year or two, as the administration had implied. Although administration officials cling to the hope of finding some evidence of terror weapons in a cubbyhole somewhere in Iraq, surely it is time to focus on how the intelligence could have been so wrong and perhaps avoid making the same mistakes with the next secretive dictator to come along. Mr. Kay largely exonerates President Bush and blames the global intelligence community. He believes the C.I.A. became so reliant on the much-maligned United Nations weapons inspectors that their withdrawal left it without spies of its own. Mr. Kay also believes that intelligence analysts failed to realize that Mr. Hussein became increasingly isolated and fantasy-driven in the late 1990's, a condition that enabled scientists to hoodwink him into approving fanciful weapons plans that turned into corrupt moneymaking schemes. That seems hard to believe in a land where people supposedly lived in terror of a brutal dictator. But if it is true that Mr. Hussein wrote novels while the American-led force geared up for war, then perhaps both sides of this conflict were divorced from reality. Copyright 2004 The New York Times Company | Home| ***************************************************************** 5 Times Herald: Failed weapons search belies Bush credibility - thetimesherald.com Opinion - Tuesday, January 27, 2004 Nine-month operation comes up empty EDITORIAL KEY TOPIC: Government Amid the spectacle of Election 2004, the war in Iraq curiously receded from the public spotlight. President Bush touched on it briefly in his State of the Union address last week, and the stunning Iowa Democratic caucus defeat of outspoken war critic Howard Dean appeared to usher the war issue even further to the sidelines. Nevertheless, the president's justification for invading Iraq has taken another blow. David Kay, the outgoing leader of a U.S. weapons search team in Iraq, said he didn't believe large quantities of chemical or biological weapons existed in that nation. Kay's remarks, which came after nine months of searching and at a cost of at least $900 million, are not shocking. The failure of the quest was obvious long ago. His admission, however, renews the debate about the Iraq war's necessity. More important, so does the reaction of Secretary of State Colin Powell to Kay's comments. Powell conceded Sunday that prewar Iraq may not have had weapons of mass destruction. "The answer to that question is we don't know yet," he said in response to Kay's statement. Ironically, the secretary of state's words came nearly a year after his address to the United Nations and provided spy-satellite photos he said showed Iraq was in violation of a U.N weapons ban imposed after the first Gulf War. Kay's conclusion and Powell's retreat mark a troubling milestone in the U.S. policy on Iraq. It follows Bush's now refuted 2003 State of the Union speech allegation that Iraqi leaders were trying to acquire nuclear weapons-grade plutonium in Africa and the still unproven link between the former Iraqi government and the al-Qaida terrorist network. The Bush administration appears to have adopted an election strategy that de-emphasizes the war. Some pundits argue voters care more about the economy. American men and women of the U.S. military are defending America's interests in Iraq. More than 500 have lost their lives as a result. The diminishing promise of a democratic Iraq and the attacks on U.S.-led forces there offer constant reminders of the consequence of America's intervention. The reasons for that attack -- the weapons of mass destruction and the ties of Saddam Hussein's regime to international terrorists -- remain unfounded. And the call to war, so loud and compelling a year ago, rings more and more hollow today. Trust was an essential element. The Bush administration called on the American people to trust in its belief that Iraq was a clear and present danger. Revelations about the uncertainty of those conclusions are difficult to downplay or dismiss. Iraq may not be a key election issue at the moment. But revelations such as these are bound to make it so. Originally published Tuesday, January 27, 2004 Copyright ©2004 The Times Herald. All rights reserved ***************************************************************** 6 Iraq inspectors should continue their work, Bush administration says [startribune.com] Terence Hunt, Associated Press Published January 27, 2004 WEAP27 WASHINGTON, D.C. -- The White House retreated Monday from its once-confident claims that Iraq had weapons of mass destruction, and Democrats swiftly sought to turn the about-face into an election-year issue against President Bush. The administration's switch came after retired chief U.S. weapons inspector David Kay said he had concluded, after nine months of searching, that Saddam Hussein did not have stockpiles of forbidden weapons. Asked about Kay's remarks, White House spokesman Scott McClellan refused to repeat oft-stated assertions that prohibited weapons eventually would be found. McClellan said the inspectors should continue their work "so that they can draw as complete a picture as possible. And then we can learn -- it will help us learn the truth." Kay, meanwhile, was called to appear at a public hearing of the Senate Armed Services Committee on Wednesday and agreed to attend, an aide said. Sen. John Kerry, seeking the Democratic presidential nomination, said Bush had misled the nation. "When the president of the United States looks at you and tells you something, there should be some trust," Kerry said while campaigning in New Hampshire. "He's broken every one of those promises." Howard Dean, another Democratic candidate, said, "The White House has not been candid with the American people about virtually anything with the Iraq war." The U.S. war against terrorism is Bush's strongest suit against Democrats, and his handling of Iraq has the approval of more than half of Americans questioned in polls. Senate Minority Leader Tom Daschle called for an investigation -- either by the Senate Intelligence Committee or an independent commission -- into the "administration's role in the intelligence failures leading up to the war with Iraq." Vice President Dick Cheney, meeting in Rome with Italian Premier Silvio Berlusconi, did not answer when a reporter asked whether he thought pre-war intelligence was faulty. Cheney was one of the administration's most forceful advocates of war and was outspoken in describing Iraq's alleged threat. A senior administration official on the Cheney trip said the "jury is still out" on whether the intelligence accurately reflected what kind of weapons were in Iraq. "Obviously we want to compare the intelligence from before the war with what the Iraq Survey Group learns on the ground," McClellan said. Even before Kay announced his conclusion, Bush had changed his public rationale about the war as the search for weapons proved fruitless. He cast it as a broader war against terrorism, calling Iraq the central front, and said democracy would spread in the Middle East if it took hold in Iraq. Asked by National Public Radio whether Bush owed the nation an explanation for the discrepancies between his warnings and Kay's findings, Kay said, "I actually think the intelligence community owes the president, rather than the president owing the American people." In a weekend interview with the New York Times, Kay said U.S. intelligence agencies failed to detect that Iraq's unconventional weapons programs were in a state of disarray in recent years under the increasingly erratic leadership of Saddam Hussein. Kay said the CIA and other intelligence agencies did not realize Iraqi scientists had sold ambitious but fanciful weapons programs to Saddam and had then used the money for other purposes. He also reported that Iraq attempted to revive its efforts to develop nuclear weapons in 2001 and 2002, but never got as far toward making a bomb as Iran and Libya. Baghdad was actively working to produce a biological weapon using the poison ricin until the U.S. invasion in March, Kay said. But in general, the CIA and other agencies failed to recognize that Iraq had all but abandoned its efforts to produce large quantities of chemical or biological weapons after the Persian Gulf War in 1991, he said. Kay said the errors in pre-war intelligence assessments about Iraq were so grave that he would recommend that the CIA and other organizations overhaul their intelligence collection and analytical efforts. In response to Kay's comments, a U.S. intelligence official said Sunday that, while some pre-war assessments may have been wrong, "it is premature to say that the intelligence community's judgments were completely wrong or largely wrong. There are still a lot of answers we need." The official added, however, that the CIA has launched an internal review of its pre-war intelligence. Using his team's interviews with Iraqi scientists, reviews of Iraqi documents and examinations of facilities and other materials, Kay said the United States was also almost certainly wrong in its pre-war belief that Iraq had any significant stockpiles of weapons of mass destruction. The New York Times contributed to this report. Return to top© Copyright 2004 Star Tribune. All rights reserved. ***************************************************************** 7 Mercury News: Bush evades Iraq WMD question, defends going to war Iraq: The Aftermath [mercurynews.com - The mercurynews home page] Tuesday, Jan 27, 2004 By RON HUTCHESON Knight Ridder Newspapers WASHINGTON - President Bush on Tuesday backed away from claims that Iraq had weapons of mass destruction, but he said he has "great confidence" in U.S. intelligence agencies. Breaking a four-day silence on the issue, Bush declined to answer directly when asked if he still believes that U.S. troops will find chemical, biological or nuclear weapons in Iraq. Instead, he defended his decision to go to war, saying that Iraqi leader Saddam Hussein was "a gathering threat to America and others." After nearly nine months of searching, weapons inspector David Kay said last week he's convinced Saddam didn't have stockpiles of unconventional weapons or any significant program to build them. Kay's findings undercut one of Bush's primary justifications for ordering the U.S. invasion. "There is no doubt in my mind that Saddam Hussein was a gathering threat to America and others. That's what we know," Bush said when given a chance to stand by his previous warnings. "There is no doubt in my mind that the world is a better place without Saddam Hussein." Kay's conclusions have reignited the debate over the need for war and the value of U.S. intelligence. Some of Bush's supporters contend that he was the victim of bad intelligence. Critics contend that he and his top war advisers deliberately distorted intelligence information to build public support for war. Democrats demanded an investigation. "We need to find out what happened, why it happened, what went wrong," said Senate Democratic Leader Tom Daschle of South Dakota. "We have committed lives, we've committed resources and we've made decisions based on the intelligence provided to us. We need to know now how can we have greater confidence in the future." Bush indicated he would withhold judgment until weapons inspectors complete their work in Iraq. Kay, who delivered his resignation with his conclusion on Friday, was replaced by Charles Duelfer, a former United Nations weapons inspector. "First of all, I've got great confidence in our intelligence community," Bush said. "These are unbelievably hardworking, dedicated people who are doing a great job for America." Bush offered his reaction to Kay's findings a day after Secretary of State Colin Powell acknowledged the possibility that administration officials were wrong. Powell, who told the United Nations last year that Saddam "has chemical weapons," said he now considers Iraq's arsenal "an open question." Kay rejected suggestions that the Bush White House pressured U.S. intelligence agencies to exaggerate the case against Iraq. "Not only did the U.S. administration and U.S. intelligence, but the French, British, Germans, the U.N. - all thought that Saddam had weapons of mass destruction," he told NBC. "We clearly need a renovation of our ability to collect intelligence." Although the threat from Iraq's arsenal wasn't the only reason Bush and his advisers offered for war, it was the argument with the most emotional impact. Bush repeatedly raised the specter of a devastating attack in last year's State of the Union speech. "Year after year, Saddam Hussein has gone to elaborate lengths, spent enormous sums, taken great risks to build and keep weapons of mass destruction," he said. "It would take one vial, one canister, one crate slipped into this country to bring a day of horror like none we have ever known." Vice President Dick Cheney was even more definitive. "Simply stated, there is no doubt that Saddam Hussein now has weapons of mass destruction," he told an audience of military veterans in August 2002. "There is no doubt that he is amassing them to use them against our friends, against our allies and against us." Last May, Bush asserted that invading U.S. troops had found proof of biological weapons in the form of two trailers that seemed to serve as mobile laboratories. "We found the weapons of mass destruction. We found biological laboratories," he said in an interview with Polish television. After examining the labs, Kay concluded that they were intended for peaceful use. Although Kay said he's convinced that administration officials were wrong about Iraq's weapons programs, he said the U.S. invasion was "absolutely prudent" because terrorists could have exploited Iraq's past work on unconventional weapons. "I think at the end of the inspection process, we'll paint a picture of Iraq that was far more dangerous than even we thought it was before the war," he said. Even so, questions about the administration's case for war seem certain to become an issue in the presidential campaign. Bush's Democratic rivals say Kay's findings show that the president misled Americans. "There's a question of credibility," said Edward Walker, president of the Middle East Institute and a former ambassador to Israel, Egypt and the United Arab Emirates. "The credibility of the administration has been stretched thin internationally." British Prime Minister Tony Blair, a staunch ally in the war, faces similar criticism in London. On Wednesday, Britons will get their first look at the results of an inquiry into allegations that Blair's government exaggerated the case for war. The judicial inquiry was convened to examine the circumstances that led to the suicide of David Kelly, a government employee who told the BBC that Blair's top aides had "sexed up" the case against Iraq. Kelly killed himself after he was identified as the main source for the BBC story. (Knight Ridder Newspapers correspondent William Douglas contributed to this report.) ***************************************************************** 8 The Herald: Pressure mounting over WMD doubt Web Issue 1928 January 26 2004 DEBORAH SUMMERS and MURRAY RITCHIE January 26 2004 PRESSURE was last night mounting on Tony Blair in the final days before the release of the Hutton Report, as doubts grew over the existence of weapons of mass destruction in Iraq. While the prime minister continued to insist intelligence reports suggesting Saddam Hussein possessed WMD were "correct", Colin Powell, the US secretary of state, admitted he did not know whether illicit weapons would be found. Lewis Moonie, a former defence minister who was part of Mr Blair's team at the time of the conflict, said the government may soon have to concede it was wrong on its main justification for war. Lord Hutton's report, due for publication on Wednesday, is not expected to pass judgment on the issue of whether Iraq in fact possessed WMD. But the question is at the heart of his inquiry, sparked by the death of Dr David Kelly. The government weapons expert committed suicide after being "outed" as the source of BBC reports that the intelligence community thought the government had overplayed the threat from Saddam. However, in a bizarre twist, a close friend and confidante of the scientist yesterday claimed Dr Kelly would not have taken his own life. Despite considerable forensic evidence to the contrary, Mai Pederson, a translator in the US Air Force, insisted she did not believe he would commit suicide. "His job was dangerous. He knew it could cost him his life," she said. "He got death threats. Iraq didn't want him on the team. We talked often about the threats. He said he would probably be found dead in the woods because he always walked by himself." Ms Pederson admitted that she refused to allow police to release her statement to Lord Hutton and she also declined to testify directly to the inquiry. A poll for ITV1's Jonathan Dimbleby programme yesterday suggested that 59% of voters think Mr Blair should resign if Lord Hutton finds he deliberately exaggerated the WMD danger in his September 2002 dossier on Iraq. However, reports yesterday revealed Mr Blair had not received a letter from Lord Hutton warning him of potential criticism in the report, suggesting he may escape direct condemnation. But Charles Kennedy, the Liberal Democrat leader, said it seemed increasingly likely that the British public had been "sold a pup" by the government over WMD and that another inquiry would be needed if Lord Hutton's report failed to settle the issue. David Kay, the US head of the Iraq survey group, last week quit the body tasked with locating Saddam's alleged WMD, saying he did not believe there were stockpiles of chemical or biological arms in Iraq. Asked if he agreed, Mr Powell said: "The answer to that question is, we don't know yet." His admission came almost a year after his high-profile presentation to the UN Security Council in the run-up to war, in which he showed what he said was photographic and documentary evidence of illegal programmes. Mohamed ElBaradei, the head of the International Atomic Energy Agency  the UN's nuclear watchdog  said intelligence suggesting Saddam had WMD was obviously "faulty". He added: "I don't doubt that they had on their desks intelligence that showed that Iraq had weapons of mass destruction, but obviously their intelligence was faulty. It is a serious case, because there was a war based on the existence of weapons of mass destruction and now we discover that those weapons didn't exist." Robin Cook, the former foreign secretary, told BBC Radio 4's Broadcasting House that Mr Blair may be the last person in Britain to believe WMD would be found. Dr Moonie, who was sacked from the MoD in June after the conflict, told Scottish TV's Seven Days: "If it's the case that the intelligence that we had was deficient, as is increasingly looking likely … sooner or later we may well have to say: 'Yep, the intelligence was faulty and the decisions we took were based on the best evidence available and the best evidence available wasn't good enough'." Copyright © Newsquest (Herald & Times) Limited. All Rights ***************************************************************** 9 UK Independent: No humanitarian case for Iraq war, says rights group By Kim Sengupta 27 January 2004 The United States and Britain had no justification for invading Iraq either on the grounds of alleged threats from illicit weapons and terrorism, or as a humanitarian mission, an international civil rights group said yesterday. The failure to find Saddam Hussein's weapons of mass destruction has left President George Bush and Tony Blair claiming that the invasion was on humanitarian grounds, said a hard-hitting annual report of Human Rights Watch. It said that the West had done nothing when Saddam massacred Kurds and Shias in the past, and there was no evidence of any continuing mass killings at the start of the war in March 2003. The report claimed that the US and British occupation forces had "sidelined human rights... as a matter of secondary importance. The rule of law has not arrived and Iraq is still beset by the legacy of human rights abuses of the former government, as well as new ones that have emerged under the occupation." The reasons given for war by Mr Bush and Mr Blair - WMD and Saddam's alleged links with international terrorism - hadnot been proved, said Kenneth Roth, executive director of the organisation. He pointed to recent statements by David Kay, the departing head of the Iraq Survey Group, that WMD were unlikey to be discovered, and said it was unlikely that the Hutton report into the death of David Kelly would say anything different. The document praised the American and British forces for striving to minimise civilian casualties during the air campaign, and also for being much more careful in the use of cluster bombs than in previous conflicts. It condemned the Iraqi resistance for indiscriminately bombing public areas. The report maintained that it was "irrelevant" that the US had "unclean hands" in its support for Saddam in the past, or that there were other countries which suffered worse internal repression. Neither were good enough arguments against military intervention on proper humanitarian grounds. However, Human Rights Watch said the US-British attack on Iraq failed to qualify on a number of grounds normally used as a test of justified humanitarian military action. There were no mass killings going on; war was not the only option - legal, economic and political measures could have been taken; there was no evidence that humanitarian purpose was the main one for launching the invasion; the attack did not have the backing of the United Nations or any other multinational body, and the situation in the country has not got better. Mr Roth said: "The Bush administration cannot justify the war in Iraq as a humanitarian intervention, and neither can Tony Blair ... such interventions should be reserved for stopping an imminent or ongoing slaughter. They shouldn't be used to address atrocities that were ignored in the past. "Humanitarianism, even understood broadly as a concern for the welfare of people, was at best a subsidiary motive for the invasion of Iraq." He said: "Over time, the principal justifications originally given for the Iraq war lost much of their force. More than seven months after the declared end of major hostilities, weapons of mass destruction have not been found. No significant pre-war link between Saddam Hussein and international terrorism has been discovered. The difficulty of establishing stable institutions in Iraq is making the country an increasingly unlikely staging ground for promoting democracy in the Middle East." Human Rights Watch criticises the US and Britain for not sending in more troops after the invasion. This, says the report, might have prevented the anarchy after the fall of Saddam's regime. Mr Roth said the Pentagon had acted as if it believed that the Iraqis would welcome the soldiers with open arms. Human Rights Watch is a mainstream body with support across the political spectrum. It does not have a policy of opposing military action. UK Independent Ltd. ***************************************************************** 10 Washington Dispatch - Opinion: Of WMD And Saddam Hussein Exclusive commentary by Frank Salvato Jan 27, 2004 "The intelligence community owes the president, rather than the president owing the American people," an apology. Such were the words expressing the thoughts of David Kay, former lead weapons inspector for the Coalition Forces in Iraq, on the matter of no huge stockpiles of weapons of mass destruction (WMD) being found within the Iraqi borders at this time (it should be pointed out that he reserves the right not to conclude this as an absolute). But we can be very certain those who did not share the president’s assertion that Saddam Hussein’s regime was an imminent danger will run with this one…oh will they run. For a moment, let’s take a step back from the brink of divided finger pointing and look at the situation in total. I know it will be hard for the air-punching, fist waving, anti-war liberal left to do so but if you can try to tune them out for just a bit perhaps we can shed some light on a few things. Ever since the Bush Administration came to grips with the fact France, Germany and Russia were never going to condone having their commerce with Iraq exploited it became clear the only option left to the administration with regard to eliminating the festering boil on the ass of US and world security, that boil being Saddam Hussein, was a use of force. The Bush Administration wasn’t the only administration to believe this boil was a threat to US and world security. The Clinton, George H.W. Bush and Reagan Administrations all championed the belief Saddam Hussein was an imminent threat to the security of the US, the Middle East and the world. To tally it up, the idea that Saddam Hussein had to go was the doctrine of the United States government for over 20 years. While the air-punchers among us will contend that this entire “mess” is the current Bush Administration’s “fault,” history would prove otherwise through the actions of past administrations. As for “the right” to take the actions we did, I need go no further than citing how many times Hussein’s forces fired on coalition aircraft patrolling the “no-fly zones” during the Gulf War cease-fire. These hostile acts were in direct violation of the cease-fire agreement that suspended the Gulf War hostilities. We have to remember, the Gulf War was never declared over; instead a cease-fire was agreed to so Saddam Hussein’s regime could disarm under the “watchful eye” of the UN. As we stood poised to annihilate Hussein’s army and regime we stopped short in an effort to save lives and gave Hussein a chance to save face. But over 12 years and through a myriad of UN resolutions warning there would be “severe consequences” should he not comply with the elements of the cease-fire, Saddam Hussein employed tactics of defiance in the face of annihilation, and obstruction and deception in dealing with the United Nations. This defiance, obstruction and deception, teamed with the hostile acts against coalition aircraft nullified the cease-fire agreement and effectively gave the United States and the originally sanctioned Coalition Forces an undisputable green light for the actions taken. No further resolutions were needed. As I have contended from day one of this debate, these issues alone were justification for Operation Iraqi Freedom (OIF) but no one wants to address these facts. While Kay’s inspection teams never unearthed the towering pile of WMD that would have satisfied critics of the war, unearthed was the fact that Saddam Hussein’s regime was still actively pursuing WMD. Kay stated his team found that Iraqi senior leadership "had an intention to continue to pursue their WMD activities. That they, in fact, had a large number of WMD-related activities," and he offered the hypothesis that Iraqi scientists were "working on developing weapons or weapons concepts that they had not moved into actual production." This coupled with the uncovering of banned equipment such as a centrifuge used to enrich uranium for the purpose of weapons production (elements of this centrifuge was found buried in Mahdi Obeidi’s backyard, she an Iraqi nuclear scientist – how that can be construed as being open and honest with weapons inspectors I will never know), testimony from expatriated and captured Iraqi weapons scientists validating the contention that WMD development was chief among Hussein’s desires and banned weapons capabilities such as long-ranged missile systems in violation of UN sanctions can only lead to the conclusion that Saddam Hussein was throughout an imminent threat to the safety and security of the region, the United States and the world. Anyone who would contend otherwise could be characterized as being naive. The idea that UN weapons inspections were working can be viewed as humorous. Not only couldn’t they find what Kay’s teams did, they wandered the Iraqi desert amongst mass graves filled with the victims of genocide and never had a clue. In the waning days of Hussein’s regime banned missile systems were uncovered by the UN inspectors. When questioned about these findings Hussein's answer was that he had "forgotten about them." Now I put it to you, if you had Hussein's totalitarian egotism would you "forget” about the most sophisticated weaponry in your arsenal, weaponry fully capable of carrying payloads that included bio-chemical and nuclear elements? To believe he wasn't practicing deception and obstructionism while trying to acquire the ultimate weaponry with which to dominate his foes would be again amazingly naive. While hindsight is 20/20, we must all keep in mind that an overwhelming majority of legislators from both parties, including John Kerry who is now trying to say he levied conditions, voted to authorize the president to use force at his discretion based upon the very same information President Bush was afforded! This information came from not only our intelligence community but was corroborated by intelligence agencies from all over the world. It wasn't until later that questions about the British intelligence arose; the validity of that information is still being argued to this day. It could be argued successfully that all of the legislators who are now pointing fingers at the president rather than accepting their share of the culpability for accepting corrupt information from our faulty intelligence community are playing politics with the facts at hand. Of course these are the same legislators who approve spending bills and then blame the president for signing them saying that “he” is spending too much money. You ask, where are the WMD? That question may never be answered although Kay alludes to information inferring they were moved in the final days before OIF into Syria. But you can bet on one thing, if the dissenters’ president, Bill Clinton, would have taken military action and found laboratories and illegal equipment, if he would have had Iraqi scientists attesting to the existence of banned weapons programs, if he would have uncovered the killing fields, rape rooms and torture chambers, Clinton would have been labeled a hero. Instead, and only for political gain, George W. Bush is being labeled a liar and a warmonger. This, even though the same people using the same information called for the same action at the same time. Perhaps the liberals of this country can re-write history and have it accepted by their followers...why I couldn't tell you. But those who oppose killing fields, rape rooms and letting madmen acquire world-ending weapons technology do not have that luxury. Hussein is gone. The rape rooms are gone. The laboratories have been closed. The killing fields are no more and the world is a better and safer place because of it, no matter what the spin machine of the political left offers up. The evidence of an impending tragedy was too great to ignore. I only wonder what the “ground zero” would have looked like had Hussein been able to acquire the final pieces of his maniacal puzzle. The thought of this horror could dwarf the tragedy at the World Trade Center. I hope we never, ever see that kind of nightmare become a reality. Frank Salvato is a political media consultant, an editor for The Washington Dispatch and the Managing Editor for . He has appeared as a guest on The O’Reilly Factor, The Kevin Matthews Radio Show (Chicago) and The Brad Messer Radio Show (San Antonio). His pieces are occasionally featured in The Washington Times and The London Morning Paper as well as other national and international publications. He can be contacted by . ***************************************************************** 11 FT: Cheney backs away from Iraq WMD claim By Stefan Wagstyl in Rome and Guy Dinmore in Washington Published: January 27 2004 20:08 | Last Updated: January 27 2004 20:08 Dick Cheney, US vice-president, on Tuesday defended the US decision to invade Iraq but, in a notable shift of emphasis, he left open the question of whether Saddam Hussein had possessed weapons of mass destruction - a claim he made repeatedly before the war. In his first public response to David Kay, who resigned last Friday as the chief US arms inspector saying pre-war intelligence was wrong, Mr Cheney said: "There's still work to be done to ascertain exactly what's there, and I am not prepared to make a final judgment until they have completed their work." The vice-president had been one of the administration's most vocal champions of the view that Iraq possessed chemical and biological weapons. Shortly before the war he also claimed it had "reconstituted" nuclear arms. As voting began in the New Hampshire primary to choose the Democratic candidate for November's presidential election, Mr Cheney also rejected an assertion by John Kerry, front-runner in the polls, that the administration had broken promises over the war. "We used force only because all other options had failed," he said in an interview in Rome with European newspapers, including the Financial Times. During the interview, Mr Cheney highlighted comments by Mr Kay which supported the case that the former Iraqi leader had sought to develop prohibited weapons long after big stockpiles were destroyed in the early 1990s. He quoted Mr Kay as saying Iraq had continued "until the end" to develop biological weapons, such as ricin, had maintained a missile programme and had restarted its nuclear programme in 2000-1. Meanwhile, in Washington President George W. Bush repeated his assertion that Mr Hussein had been "a grave and gathering threat to America and the world". Speaking to reporters during a meeting with Aleksander Kwasniewski, the Polish president, Mr Bush complimented Mr Kay but implicitly went against his findings by defending the US intelligence services. "Well, first of all, I have got great confidence in our intelligence community," Mr Bush said while not directly addressing the question of whether Iraq actually had prohibited weapons. On Tuesday, Mr Kay went further in seeking to justify the US case for war despite his belief that Mr Hussein's programmes had failed, in part because his scientists had cheated him. "I think, at the end of the inspection process, we'll paint a picture of Iraq that was far more dangerous than even we thought it was before the war," he told NBC. Mr Cheney repeated the conciliatory message he has delivered during his trip to Europe, seeking international co-operation in Iraqi reconstruction and war on terror. But he never wavered from his insistence that the US had been right to fight the war. © Copyright The Financial Times Ltd 2004. "FT" and "Financial Times" are trademarks of the Financial Times. Privacy ***************************************************************** 12 FT: Cheney 'waged war' on Blair Iraq strategy By James Blitz in London and Demetri Sevastopulo in Washington Published: January 25 2004 21:59 | Last Updated: January 25 2004 21:59 Dick Cheney, US vice-president, "waged a guerrilla war" against attempts by Tony Blair, the British prime minister, to secure United Nations backing for the invasion of Iraq. Mr Cheney remained implacably opposed to the strategy even after George W. Bush, US president, addressed the UN on the importance of a multilateralist approach, according to a new biography of Mr Blair. The US vice-president, along with the neo-conservatives in the Bush administration, has consistently argued that the US could be constrained by the UN's inability to reach agreement over the need to invade Iraq. He told the World Economic Forum in Davos at the weekend: "There comes a time when deceit and defiance must be seen for what they are. At that point, a gathering danger must be directly confronted. At that point, we must show that beyond our resolutions is actual resolve." The extent of Mr Cheney's opposition emerges in the biography of the British prime minister by Philip Stephens, the Financial Times' political columnist. In the run-up to the war, Mr Blair worked closely with Mr Bush to try to secure prior UN backing. But Mr Stephens writes that Mr Cheney's opposition to UN involvement left Mr Blair uncertain whether Mr Bush would go down the UN route until he uttered the relevant words in his speech to the UN general assembly in September 2002. One Blair aide remarked: "[Mr Cheney] waged a guerrilla war against the process . . . He's a visceral unilateralist". Another agreed: "Cheney fought it all the way - at every twist and turn, even after Bush's speech to the UN." In the US, Democrats have also accused Mr Cheney of putting pressure on intelligence agencies to produce evidence Iraq had weapons of mass destruction. On Friday, David Kay, the top US weapons inspector in Iraq, resigned, saying he did not believe Iraq had large stocks of biological and chemical weapons. Mr Stephens' book reveals a string of acid interventions by Mr Cheney during critical talks between the president and prime minister at Camp David in September 2002. Once, he directly rebuked Alastair Campbell, Mr Blair's communications director. In occasional contacts with British officials, Scooter Libby, the vice-president's chief of staff, made little secret of his boss's scorn for multilateralism. He once jibed: "Oh dear, we'd better not do that or we might upset the prime minister." Mr Stephens also reveals that Mr Blair was concerned about relations with other European leaders, particularly Jacques Chirac, French president. Mr Blair confided in close aides before the Iraq war that he believed Mr Chirac was personally "out to get him" because he feared the UK prime minister was usurping his own position as the natural leader of Europe. According to Mr Stephens, the prime minister came to the view that Mr Chirac wanted to see him fall from power after receiving intelligence reports about the French president's private conversations. © Copyright The Financial Times Ltd 2004. "FT" and "Financial Times" are trademarks of the Financial Times. Privacy ***************************************************************** 13 AU ABC: Howard defiant over Iraq war involvement. First Posted: Monday, January 26, 2004 . 3:00pm --> Last PM John Howard stands by his decision to send troops to Iraq. [File photo] (ABC TV) [ border=] Howard defiant over Iraq war involvement Prime Minister John Howard says he did the right thing in sending Australian troops to Iraq last year, despite new claims that the Gulf state did not have any so-called weapons of mass destruction at the time. Chief weapons inspector David Kay quit last week, saying he believes Iraq probably got rid of its banned weapons some years ago. And United States' Secretary of State Colin Powell has now conceded Saddam Hussein's regime may not have had any chemical or biological weapons when it was attacked. But Mr Howard says he has no regrets about his decision to go to war. "I don't apologise for what we did, it was in our view the right thing to have done, based on the intelligence that was available," he said. "That intelligence was not manipulated by the Government and I stand by completely what we did. "Those who criticise us in the Labor Party or elsewhere ... if their advice had been followed, Saddam Hussein would still be running Iraq." Earlier, Foreign Minister Alexander Downer said it was too early to say whether Iraq had weapons of mass destruction when Australia joined the US and Britain in attacking the Gulf state. But Mr Downer said the hunt for weapons of mass destruction in Iraq is continuing and until that is completed, no final conclusions could be drawn. "What we do know from the report that Dr Kay produced a few months ago is that Saddam Hussein certainly continued with chemical and biological weapons programs," he said. "Whether we'll find any stockpiles or not just remains to be seen." But the Federal Opposition says it is now clear that Australia went to war in Iraq on a false premise. Opposition leader Mark Latham says the Australian public needs to know the truth and Mr Howard should reveal it. "Our Government should be open and honest with the Australian people..." Mr Latham said. "If you're going to send Australians off to a conflict and the primary reason was to identify and eliminate these weapons of mass destruction and then subsequently, that's an invalid reason and purpose, then you've got to up front and honest - talk to the Australian people about what went wrong." Labor's foreign affairs spokesman, Kevin Rudd, has seized on Mr Kay's resignation. "For Mr Kay to come out and say quite plainly that in his view these stockpiles of chemical and biological weapons simply did not exist at the time Mr Howard took Australia to war against Iraq fundamentally torpedoes the credibility of Mr Howard and Mr Downer and Senator Hill in taking this country to war on the argument they put to the Australian people at the time," Mr Rudd said. © 2004 Australian Broadcasting Corporation ***************************************************************** 14 asahi.com : EDITORIAL: Was threat an illusion? Can we act even as the war's fairness is disputed? The primary aim cited by the United States and Britain for the military invasion of Iraq was to find and destroy caches of weapons of mass destruction. In the absence of an explicit resolution by the United Nations Security Council, the two countries embarked on the Iraq war anyway, reasoning that U.N. inspections would never detect such threatening weapons. After nine months as occupiers of Iraq, the United States and Britain have found neither nuclear nor chemical and biological weapons in the country. What they found, if it is worth mentioning at all, were rusted artillery shells-thought to be relics of the 1980s Iran-Iraq war during which chemical weapons were used. Was the threat an illusion? People all over the world suspect as much, and comments by an official in the administration of President George W. Bush appear to reveal his real feelings. David Kay, former head of the Iraq Survey Group that searched for weapons of mass destruction in Iraq, said he did not think there were stockpiles of chemical and biological weapons at the start of the war. He also said nuclear development in Iraq was in a nascent stage. Kay's remarks suggest that the Bush administration's argument about the threat was wide of the mark. U.S. Secretary of State Colin Powell, responding to questions about Kay's comments, also admitted that whether Iraq actually possessed weapons of mass destruction was an ``open question.'' Yet it was Powell who, back before the war began, showed the Security Council satellite photos and wiretap records and talked of Iraq's threat. Both Bush and British Prime Minister Tony Blair contend that the war can be justified for liberating Iraqis from dictatorship and for nipping a future threat in the bud. Now we must turn our eyes to reconstruction of Iraq, they say. But the Charter of the United Nations, the foundation of international order, recognizes a war only when it is fought clearly in self-defense or when it is approved by the Security Council. It is in the interest of neither the international community nor the United States to justify a war after the fact and obscure the reasons for going to war. Whereas the U.S. government says it will continue to search for weapons of mass destruction in Iraq, we think the possibility of finding large quantities of weapons of mass destruction is very small. Why were the leaders of the United States and Britain misled by wrong information and analysis? Were they so preoccupied with the overthrow of Saddam Hussein's regime since the 1991 Persian Gulf War that finding caches of weapons of mass destruction became an excuse to bring him down? It is incumbent on the American and British governments to thoroughly investigate the issue and explain themselves fully and honestly to the international community. If they do not do so, the disorder and division among countries that emerged over the war will continue unhealed and unabated during Iraq's postwar reconstruction. And the international community's wariness and mistrust of the Bush strategy of pre-emptive strikes will be intensified rather than eased. This latest development must also pose a serious question to Prime Minister Junichiro Koizumi. Although the prime minister is no longer parroting that ``weapons of mass destruction will be found sooner or later,'' he still voices support for the war and on Monday ordered the Ground Self-Defense Force's main contingent to leave for occupied Iraq. At a time when Americans are in an uproar over the justification of this war, should Japan continue moving forward in a single-minded belief that the war was justified, pretending to be blind to the controversy in the United States? --The Asahi Shimbun, Jan. 26(IHT/Asahi: January 27,2004) (01/27) ***************************************************************** 15 FR: DOC: Trade war with France over Enriched Uranium FR Doc 04-1695 [Federal Register: January 27, 2004 (Volume 69, Number 17)] [Notices] [Page 3883-3887] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr27ja04-35] DEPARTMENT OF COMMERCE International Trade Administration [A-427-818] Notice of Preliminary Results of Antidumping Duty Administrative Review: Low Enriched Uranium from France AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of Preliminary Results of Antidumping Duty Administrative Review. EFFECTIVE DATE: January 27, 2004. FOR FURTHER INFORMATION CONTACT: Vicki Schepker or Carol Henninger at (202) 482-1756 or (202) 482-3003, respectively; AD/CVD Enforcement Office 5, Group II, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue NW, Washington, DC 20230. SUMMARY: The Department of Commerce is conducting an administrative review of the antidumping duty order on low enriched uranium from France for the period July 13, 2001 to January 31, 2003 (the POR). We preliminarily determine that sales of subject merchandise by Eurodif, S.A. (Eurodif), Compagnie G[eacute]n[eacute]rale Des Mati[eacute]res Nucl[eacute]aires (COGEMA) and COGEMA, Inc. (collectively, COGEMA/ Eurodif or the respondent), have been made below normal value (NV). If these preliminary results are adopted in our final results, we will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on appropriate entries based on the difference between the constructed export price (CEP) and the NV. Interested parties are invited to comment on these preliminary results. SUPPLEMENTARY INFORMATION: Background On February 13, 2002, the Department issued an antidumping duty order on low enriched uranium from France. See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Low Enriched Uranium from France, 67 FR 6680 (February 13, 2002). On February 3, 2003, the Department issued a notice of opportunity to request the first administrative review of this order. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 68 FR 5272 (February 3, 2003). In accordance with 19 CFR 351.213(b), COGEMA/ Eurodif, a French producer of subject merchandise, requested an administrative review of the antidumping duty order on low enriched uranium from France on February 3, 2003. On February 28, 2003, United States Enrichment Corporation and USEC, Inc. (the petitioner), a domestic producer of subject merchandise, also requested an administrative review. On March 25, 2003, the Department published a notice of initiation of the administrative review, covering the period July 13, 2001, through January 31, 2003. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 68 FR 14394 (March 25, 2003). On April 4, 2003, the Department issued its antidumping questionnaire to COGEMA/Eurodif. We received timely responses to all sections of the initial antidumping questionnaire and associated supplemental questionnaires. Based on a timely allegation filed by the petitioner on June 20, 2003, we initiated a major input investigation with regard to the respondent's purchases of electricity from an affiliated party. On October 27, 2003, the Department published a notice extending the time limit for the preliminary results. See Extension of the Time Limit for the Preliminary Results of Antidumping Duty Administrative Review, 68 FR 61184 (October 27, 2003). The time limit for the preliminary results was subsequently further extended to January 20, 2004. See Extension of the Time Limit for the Preliminary Results of Antidumping Duty Administrative Review, 68 FR 69994 (December 16, 2003). Scope of the Order The product covered by this order is all low enriched uranium (LEU). LEU is enriched uranium hexafluoride (UF[bds6]) with a U[bdi2][bdi3][bdi5] product assay of less than 20 percent that has not been converted into another chemical form, such as UO[bds2], or fabricated into nuclear fuel assemblies, regardless of the means by which the LEU is produced (including LEU produced through the down- blending of highly enriched uranium). Certain merchandise is outside the scope of this order. Specifically, this order does not cover enriched uranium hexafluoride with a U[bdi2][bdi3][bdi5] assay of 20 percent or greater, also known as highly enriched uranium. In addition, fabricated LEU is not covered by the scope of this order. For purposes of this order, fabricated uranium is defined as enriched uranium dioxide (UO[bds2]), whether or not contained in nuclear fuel rods or assemblies. Natural uranium concentrates (U[bds3]O[bds8]) with a U[bdi2][bdi3][bdi5] concentration of no greater than 0.711 percent and natural uranium concentrates converted into uranium hexafluoride with a U[bdi2][bdi3][bdi5] concentration of no greater than 0.711 percent are not covered by the scope of this order. Also excluded from this order is LEU owned by a foreign utility end-user and imported into the United States by or for such end-user solely for purposes of conversion by a U.S. fabricator into uranium dioxide (UO[bds2]) and/or [[Page 3884]] fabrication into fuel assemblies so long as the uranium dioxide and/or fuel assemblies deemed to incorporate such imported LEU (i) remain in the possession and control of the U.S. fabricator, the foreign end- user, or their designed transporter(s) while in U.S. customs territory, and (ii) are re-exported within eighteen (18) months of entry of the LEU for consumption by the end-user in a nuclear reactor outside the United States. Such entries must be accompanied by the certifications of the importer and end user. The merchandise subject to this order is classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheading 2844.20.0020. Subject merchandise may also enter under 2844.20.0030, 2844.20.0050, and 2844.40.00. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Verification As provided in section 782(i)(3) of the Tariff Act of 1930, as amended (the Act), we verified information provided by COGEMA/Eurodif from October 6-14, 2003, October 20-24, 2003, and October 29-30, 2003. We used standard verification procedures, including on-site inspection of the respondents facilities and examination of relevant sales and financial records. See Memorandum from Vicki Schepker and Carol Henninger, International Trade Compliance Analysts, to Gary Taverman, Director, Office 5, Re: Verification of the Sales Response of Eurodif S.A., Compagnie G[eacute]n[eacute]rale Des Mati[eacute]res Nucl[eacute]aires, and COGEMA, Inc., dated December 31, 2003, (Sales Verification Report); see also Memorandum from Ernest Gziryan, Senior Accountant, to Neal Halper, Director, Office of Accounting, Re: Verification Report on the Cost of Production and Constructed Value Data Submitted by Eurodif S.A., Compagnie G[eacute]n[eacute]rale Des Mati[eacute]res Nucl[eacute]aires, and COGEMA, Inc. dated January 20, 2004, (Cost Verification Report); Memorandum from Ernest Z. Gziryan, Senior Accountant, to Neal M. Halper, Director, Office of Accounting, Re: Verification Report on the Cost of Production Data Submitted by EdF, dated January 20, 2004; and Memorandum from Ernest Z. Gziryan, Senior Accountant, to Neal M. Halper, Director, Office of Accounting, Re: Verification Report on the COP Data Submitted by RTE, dated January 20, 2004. Fair Value Comparisons To determine whether sales of LEU from France were made in the United States at less than fair value, we compared the constructed export price (CEP) to the constructed value (CV), as described in the Constructed Export Price and Normal Value sections of this notice. In accordance with section 777A(d)(1)(A)(i) of the Act, we calculated CEPs and compared them to CV. We note that during the POR, the respondent sold LEU pursuant to contracts in which it undertook to manufacture and deliver LEU for a cash payment covering only the value of the enrichment component; for the natural uranium feedstock component, the respondent received an amount of natural uranium equivalent to the amount used to produce the LEU shipped (so-called separative work unit (SWU)\1\ contracts). However, the product manufactured and delivered by the respondent was LEU. For purposes of our antidumping analysis, we have translated prices and costs involved in SWU contracts to an LEU basis, increasing those values to account for the cost of the uranium feedstock involved. These adjustments are described in greater detail below. \1\ SWU is a unit of measurement of the effort required to separate the U235 and U238 atoms in uranium feed in order to create a final product richer in U235 atoms. Constructed Export Price In accordance with section 772 of the Act, we calculated a CEP. Section 772(b) of the Act defines CEP as the price at which the subject merchandise is first sold in the United States before or after the date of importation by or for the account of the producer or exporter of the merchandise or by a seller affiliated with the producer or exporter, to an unaffiliated purchaser, as adjusted under sections 772(c) and (d) of the Act. Consistent with this definition, we found that COGEMA/Eurodif made CEP sales during the POR because the sales were made for the account of COGEMA/Eurodif by the respondent's U.S. subsidiary, COGEMA, Inc., in the United States. We calculated CEP based on packed prices charged to the first unaffiliated customer in the United States. For all sales, which involved payments on a SWU basis, we translated the prices to an LEU basis by adding a value for the uranium feedstock used in the production of the LEU. This value was derived from the respondent's reported entered value of feed, which was based on publicly available price information used for customs entry purposes. Section 351.401(i) of the Department's regulations provide that the date of sale will normally be the date of invoice, unless the material terms of sale are set on some other date. In the instant case, the material terms of sale are set on the date of the contract with the U.S. customer. Therefore, we based the date of sale on that date. The sales examined in this review represented merchandise which entered the United States during the POR. We have not included deliveries made of merchandise entered during the provisional measures gap period\2\ (gap period) in our calculation because these entries are not subject to antidumping duties. For the purposes of the preliminary results, we have accepted COGEMA/Eurodif's allocation methodology for linking deliveries to entries with two exceptions. See Preliminary Results Calculation Memorandum - Eurodif S.A., Compagnie G[eacute]n[eacute]rale Des Mati[eacute]res Nucl[eacute]aires, and COGEMA, Inc. from Vicki Schepker and Carol Henninger, International Trade Compliance Analysts to Constance Handley, Program Manager (January 20, 2004) (Preliminary Calculation Memorandum). We verified that some entries could be definitively linked to a particular delivery to a U.S. utility. For entries that could not be definitively linked to a delivery, COGEMA/Eurodif used a hierarchy to allocate LEU in inventory at the fabricator to deliveries, starting with Eurodif- produced LEU entered during the POR. See Sales Verification Report at 42-43. \2\ The provisional measures referred to in section 733(d) of the Act expired on January 9, 2002. The order was published on February 13, 2002. Therefore, between those dates, no duties were collected. We made deductions from the starting price for movement expenses in accordance with section 772(c)(2)(A) of the Act. These include foreign inland freight from the plant to the port of exit, international freight, marine insurance, charges for shipment of samples, transportation expenses for the movement of customer feed, and port charges. We also deducted any discounts from the starting price. In accordance with section 772(d)(1) of the Act, we deducted from the starting price those selling expenses that were incurred in selling the subject merchandise in the United States, including indirect selling expenses, credit expense, and inventory carrying costs. In addition, in accordance with 772(d)(3) and 772(f) of the Act, we made [[Page 3885]] a deduction for CEP profit. The CEP profit rate is normally calculated on the basis of total revenue and total expenses on sales in the comparison market and the U.S. market. In this case, there were no useable home market sales of LEU during the POR and therefore no useable home market profit from which to derive CEP profit. Therefore, we based CEP profit on the total expenses and total revenue derived from Eurodif's U.S. and third-country sales of the subject merchandise. See Preliminary Calculation Memorandum. Finally, we made additional adjustments to CEP based upon our findings at verification. See Preliminary Calculation Memorandum. Normal Value A. Selection of Comparison Markets Section 773(a)(1) of the Act directs that NV be based on the price at which the foreign like product is sold in the home market, provided that the merchandise is sold in sufficient quantities (or value, if quantity is inappropriate) and that there is no particular market situation that prevents a proper comparison with the export price (EP) or CEP. The statute contemplates that quantities (or value) will normally be considered insufficient if they are less than five percent of the aggregate quantity (or value) of sales of the subject merchandise to the United States. Pursuant to section 773(a)(1) of the Act, because COGEMA/Eurodif's aggregate volume of home market sales of the foreign like product was greater than five percent of its aggregate volume of U.S. sales of the subject merchandise, we determined that the home market was viable. However, COGEMA/Eurodif has only one customer in the home market, an affiliated party. Because we had no independent means to determine whether prices for sales to this customer were made at arm's length, for purposes of this review, we have based NV on CV. See sections 351.403 and 351.405 of the Department's regulations. Adjustments made in deriving CV are described in detail in the Calculation of Normal Value Based on Constructed Value section below. B. Calculation of Normal Value Based on Constructed Value Section 773(a)(4) of the Act provides that where NV cannot be based on comparison market sales, NV may be based on CV. Section 773(e) of the Act provides that CV shall be based on the sum of the cost of materials and fabrication for the foreign like product, plus amounts for selling, general, and administrative expenses (SG), profit, and U.S. packing costs. In accordance with section 773(e)(2)(B)(iii) of the Act, we based general and administrative (G) expenses on amounts derived from Eurodif's financial statements. We based financial expenses on the financial statements of COGEMA's parent company, AREVA, which represents the highest level of consolidation for Eurodif. For selling expenses, we used information on Eurodif's indirect selling expenses from its questionnaire response and from information obtained at verification. Where appropriate, we made circumstance of sale (COS) adjustments to CV in accordance with section 773(a)(8) of the Act and 19 CFR 351.410 of the Department's regulations. For a further discussion of the calculation of indirect selling expenses and a COS adjustment of a proprietary nature, see the Preliminary Calculation Memorandum. Because we could not determine whether COGEMA/Eurodif's sales in France were made in the ordinary course of trade in the home market, we calculated profit in accordance with section 773(e)(2)(B)(iii) of the Act and the Statement of Administrative Action (SAA) at 841. We based CV profit on the profit rate of Eurodif's sales of LEU in all markets other than the United States and France. See Constructed Value Calculation Adjustments Memorandum for the Preliminary Results from Ernest Z. Gziryan, Senior Accountant, to Neal M. Halper, Director, Office of Accounting (January 20, 2004) (Constructed Value Calculation Adjustments Memorandum). The profit cap under alternative (iii) of section 773(e)(2)(B) of the Act cannot be calculated in this case because we do not have information allowing us to calculate the amount normally realized by exporters or producers (other than respondent) in connection with the sale, for consumption in the foreign country, of the merchandise in the same general category. In addition to these adjustments, we included in the reported cost the Public Service Electricity Generation Fund tax (the ``FSPPE levy'') accrued by Eurodif and recorded in the company's books. See Constructed Value Calculation Adjustments Memorandum, see also Cost Verification Report at 8. In this case, electricity is considered a major input that Eurodif obtained from its affiliated supplier, [Eacute]lectricit[eacute] de France (EdF). See Memorandum from Ernest Gziryan, Senior Accountant, to Gary Taverman, Director, Office 5, Re: Petitioner's Allegation of Purchases of Major Inputs From Affiliated Parties at Prices Below the Affiliated Parties' Cost of Production, dated August 13, 2003. Section 773(f)(3) of the statute states that ``in the case of a transaction between affiliated persons involving the production by one of such persons of a major input, the administering authority may determine the value of the major input on the basis of the information available regarding such cost of production, if such cost is greater than the amount that would be determined for such input under paragraph (2).'' Section 351.407(b) of the Department's regulations states that in applying the major input rule, the Department will normally include the higher of the transfer price between affiliates, the market price for the input, or the affiliate's cost of production (COP) for the purchased input. As such, we evaluated the affiliated supplier's reported electricity COP. We found that EdF's books reflected a calculated cost based on a marginal costing methodology and resulted in different costs for the same physically identical product - electricity. As it is the Department's long standing practice to calculate a single average cost for producing products of identical physical characteristics, for the preliminary results we adjusted the reported electricity COP by calculating one average POR cost of producing electricity and used it in our major input analysis. We adjusted the reported value of electricity purchased from EdF to the higher of the transfer price, the market price or EdF's cost of production. Due to the proprietary nature of this information, see the Constructed Value Calculation Adjustments Memorandum for more details. Level of Trade/CEP Offset In accordance with section 773(a)(1)(B) of the Act, to the extent practicable, we determine NV based on sales in the comparison market at the same level of trade (LOT) as the EP or CEP transaction. The NV LOT is that of the starting-price sales in the comparison market or, when NV is based on CV, that of the sales from which we derive SG expenses and profit. For EP, the U.S. LOT is also the level of the starting- price sale, which is usually from exporter to importer. For CEP, it is the level of the constructed sale from the exporter to the importer. To determine whether NV sales are at a different LOT than EP or CEP, we examine stages in the marketing process and selling functions along the chain of distribution between the producer and the unaffiliated customer. If the comparison-market sales are at a [[Page 3886]] different LOT, and the difference affects price comparability, as manifested in a pattern of consistent price differences between the sales on which NV is based and comparison-market sales at the LOT of the export transaction, we make an LOT adjustment under section 773(a)(7)(A) of the Act. Finally, for CEP sales, if the NV level is more remote from the factory than the CEP level and there is no basis for determining whether the difference in the levels between NV and CEP affects price comparability, we adjust NV under section 773(a)(7)(B) of the Act (the CEP offset provision). See Notice of Final Determination of Sales at Less Than Fair Value: Certain Cut-to-Length Carbon Steel Plate from South Africa, 62 FR 61731 (November 19, 1997). In implementing these principles in this review, we obtained information from the respondent about the marketing stages involved in the reported U.S. sales, as well as in the home market, including a description of the selling activities performed by the respondent for each channel of distribution. Given that all U.S. sales were CEP sales, we considered only the selling activities reflected in the price after the deduction of expenses and profit under section 772(d) of the Act. In the U.S. market, the respondent sells to utility customers. After deducting expenses associated with the selling activities reflected in the price under section 772(d) of the Act (i.e., the expenses of COGEMA, Inc.), we noted selling expenses associated with strategic planning and marketing, customer sales contact, production planning and evaluation, and contract administration. These expenses did not vary by U.S. channel of distribution. Therefore, we found all U.S. sales to be made at a single LOT. Selling expenses for CV were based on Eurodif's selling expenses exclusive of expenses allocated to Eurodif's U.S. sales. Eurodif performed all the selling activities for sales to its sole customer in the French market. Therefore, we found a single LOT of trade in the home market. Eurodif generally performs the same kinds of selling functions in both markets. We note that for several of the thirteen reported categories of selling functions, Eurodif stated that it performs the functions to the same degree for both the CEP and the home market LOT. The respondent described different degrees of selling activities for its home market sales and sales to its U.S. affiliate in the following categories: sales forecasting, visiting customers/potential customers, negotiating contracts, receiving and booking orders/order processing, collecting payments/invoice follow-up, and customer follow-up. We reviewed each of the selling functions at verification and found that Eurodif performs the same level of selling activity for receiving and booking orders/order processing and collecting payments/invoice follow- up for both home market and CEP sales. See Sales Verification Report at 15-19. With regard to the selling functions of visiting customers/ potential customers and negotiating contracts, Eurodif had reported different levels of activity for sales in the home market and sales to its U.S. affiliate. We found that Eurodif performs these functions to a similar degree for its sales in the U.S. market and in the home market, as all of its sales in the home market are to one customer under a long-term contract. For sales forecasting and customer follow-up, in which Eurodif reported different levels of activity for sales in the home market and sales to its U.S. affiliate, we found that there are some minor differences in the levels of these selling functions. However, these differences alone do not constitute a basis for finding a more advanced level of trade in the home market. We note that we did not base CV profit on sales in France. See the Calculation of Normal Value Based on Constructed Value section above. Since there is no evidence on the record to indicate that the selling functions for sales to third-country markets differ from Eurodif's selling functions to COGEMA, Inc., we have no reason to conclude that Eurodif's home market, third-country market and U.S. sales were made at different levels of trade. Accordingly, we are not granting a CEP offset adjustment. Currency Conversion We made currency conversions into U.S. dollars in accordance with section 773A of the Act, based on exchange rates in effect on the date of the U.S. sale, as certified by the Federal Reserve Bank. Preliminary Results of Review As a result of this review, we preliminarily determine that the following weighted-average margin exists for the period July 13, 2001, through January 31, 2003: Producer Weighted-Average Margin (Percentage) ----------------------------------------------------------------- ----------------------------------------------- COGEMA/Eurodif........................................ 5.34 The Department will disclose calculations performed in accordance with 19 CFR 351.224(b). An interested party may request a hearing within 30 days of publication of these preliminary results. See 19 CFR 351.310(c). Any hearing, if requested, will be held 44 days after the date of publication, or the first working day thereafter. Interested parties may submit case briefs and/or written comments no later than 30 days after the date of publication of these preliminary results. Rebuttal briefs and rebuttals to written comments, limited to issues raised in such briefs or comments, may be filed no later than 37 days after the date of publication. Parties who submit arguments are requested to submit with the argument (1) a statement of the issue, (2) a brief summary of the argument, and (3) a table of authorities. Further, the parties submitting written comments should provide the Department with an additional copy of the public version of any such comments on diskette. The Department will issue the final results of this administrative review, which will include the results of its analysis of issues raised in any such comments, within 120 days of publication of these preliminary results. Assessment Upon completion of this administrative review, pursuant to 19 CFR 351.212(b), the Department will calculate an assessment rate on all appropriate entries. We will calculate importer-specific duty assessment rates on the basis of the ratio of the total amount of antidumping duties calculated for the examined sales to the total entered value of the examined sales for that importer. Where the assessment rate is above de minimis, we will instruct CBP to assess duties on all entries of subject merchandise by that importer. Cash Deposit Requirements The following deposit rates will be effective upon publication of the final results of this administrative review for all shipments of LEU from France entered, or withdrawn from warehouse, [[Page 3887]] for consumption on or after the publication date, as provided by section 751(a)(1) of the Act: (1) the cash deposit rate listed above for COGEMA/Eurodif will be the rate established in the final results of this review, except if a rate is less than 0.5 percent, and therefore de minimis, the cash deposit will be zero; (2) for previously reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the less-than-fair-value (LTFV) investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) if neither the exporter nor the manufacturer is a firm covered in this or any previous review conducted by the Department, the cash deposit rate will be 19.95 percent, the ``All Others'' rate established in the LTFV investigation. These cash deposit requirements, when imposed, shall remain in effect until publication of the final results of the next administrative review. This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entities during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. This determination is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: January 20, 2004. James J. Jochum, Assistant Secretary for Import Administration. [FR Doc. 04-1695 Filed 1-26-04; 8:45 am] ***************************************************************** 16 Capital Times Opinion: Editorial: The deceiving of the Union (captimes.com) Tuesday, January 27, 2004 9:01 PM It seems that President Bush cannot deliver a State of the Union address without deceiving the American people. Or, at the least, trying to deceive them. A year ago, on the eve of the president's pre-emptive war against Iraq, Bush told the American people and their Congress that Iraq was busy trying to acquire materials from Africa to develop nuclear weapons. The suggestion was that Iraqi dictator Saddam Hussein either had or was close to obtaining the most threatening of all weapons of mass destruction. By summer, it was clear that Bush had been wrong. And there was a good deal of evidence to suggest that the president, or at least his top aides, knew that his claims about weapons of mass destruction were inaccurate before they were inserted in his most high-profile address prior to the beginning of the war. No one expected Bush to apologize for being wrong, let alone for lying, when he delivered this year's State of the Union speech. For Bush, being president means never having to say you're sorry. But there was a general assumption that he would try to address the embarrassing discrepancy between his statement of the previous year and reality. And so he did. In an elaborate twist of rhetoric, Bush declared, "Already, the Kay Report identified dozens of weapons of mass destruction-related program activities and significant amounts of equipment that Iraq concealed from the United Nations. Had we failed to act, the dictator's weapons of mass destruction programs would continue to this day." That was a reference to an interim report by David Kay, the chief U.S. weapons hunter in Iraq. Unfortunately for Bush, Kay stepped down three days later and admitted that he did not believe the country had any large stockpiles of chemical or biological weapons. Kay told the Reuters news service that he had concluded there were no stockpiles of WMDs to be found in Iraq and, more importantly, that he does not now believe they were produced in the first place. "I don't think they existed," Kay told Reuters. "What everyone was talking about is stockpiles produced after the end of the last (1991) Gulf War, and I don't think there was a large-scale production program in the '90s." On Sunday, Kay told National Public Radio that he had concluded that U.N. inspections "got rid of" weapons of mass destruction in Iraq long before the Bush administration began claiming that an invasion was necessary to eliminate the WMD threat. Kay still cuts Bush some slack, suggesting that there was an intelligence breakdown. But it is notable that U.S. Sen. Bob Graham, D-Fla., who was the head of the Senate Intelligence Committee at the time, opposed the fall 2002 congressional vote authorizing Bush to use force against Iraq. Graham said at the time that the intelligence data he had seen did not suggest that Iraqi WMDs posed a significant enough threat to justify a pre-emptive war. So it appears that the breakdown may have come when the White House decided to manipulate data to justify the war. Several members of Congress, including U.S. Sen. Russ Feingold, D-Wis., and U.S. Rep. Tammy Baldwin, D-Madison, have called for an investigation of how intelligence was used - and misused - prior to the launch of the war. That investigation should, of course, examine the dubious claims that George W. Bush made in his 2003 State of the Union address. In light of Kay's statements of the past few days, investigators will also have to examine the dubious claims that Bush made in his 2004 State of the Union address. Published: 6:23 AM 1/27/04 Technical questions and comments may be directed to The Capital Times . Please state your concern in the subject line. Copyright 2003 The Capital Times ***************************************************************** 17 Capitol Hill Blue: What Went Wrong? Last Updated: Jan 27th, 2004 - 08:39:02 Opinion By DALE McFEATTERS Jan 27, 2004, 08:38 The Bush administration's chief rationale for invading Iraq was that Saddam Hussein had weapons of mass destruction and, left unchecked, would inevitably use them. The United States' outgoing weapons inspector, David Kay, says flatly after ransacking Iraq for evidence, "The weapons do not exist." What happened? Apparently a massive intelligence failure. President Bush has already been accused of willfully deceiving the American people to justify a war he was determined to fight in any case. But it is important to remember that the British, French and Russian intelligence services also believed that Saddam had covert weapons programs and hidden stockpiles of WMD. As did the U.S. intelligence services during the Clinton administration. Even Saddam apparently believed he had a WMD program; he certainly acted like he had something to hide. Iraqi scientists, out of corruption or desperation, lied about their programs to keep the money flowing from Baghdad. The programs were hollow shells, the weapons nonexistent. Even the military was fooled. Kay said Republican Guard commanders interviewed by his search team each said that their units did not have chemical weapons but they were convinced other units did. What seems likely is that the U.N.-led inspections program, much derided by the Bush administration, really worked. By the end of 1991, Iraq's nuclear program had been dismantled and its chemical weapons largely destroyed. In the mid-1990s, the West learned, via a defector, of a germ warfare program but by then the Iraqis had destroyed their biological weapons on their own. When the inspectors were allowed back in 2002, after a four-year absence, they found no evidence that the programs had been restarted. Still U.S. intelligence believed in the weapons' existence, and the Bush administration was predisposed to believe the worst. There were other valid rationales for deposing Saddam, but the intelligence failure on WMD is deeply troubling. "It's an issue of the capabilities of one's intelligence service to collect valid, truthful information," Kay told National Public Radio. Kay was asked whether he thought Bush owed an explanation to the American people. "I actually think the intelligence community owes the president, rather than the president owing the American people," he said. Actually, we believe both of them owe us an explanation. (Contact Dale McFeatters at McFeattersD@SHNS.com.) © Copyright 2004 by Capitol Hill Blue ***************************************************************** 18 Bennington Banner - Editorials: Bush ushers in era of 'not my fault' January 27, 2004 Bennington, VT President George W. Bush came to power by claiming he would usher in an era of personal responsibility, one that would restore honor and integrity to the highest office in the land. There are so many ways to prove he has not lived up to those campaign pledges in 2000. Let's just confine ourselves to weapons, intelligence and who is to blame. In evaluating Bush's performance it is valuable to compare his actions and words to those of another president confronted with conflict, President John F. Kennedy during the Bay of Pigs invasion. The Bay of Pigs invasion was launched in the spring of 1961. Less than three months after he took office, Kennedy was advised by the CIA that an invasion of Cuba could be mounted by Cuban exiles, and the ousting of the communist Fidel Castro would be achieved with minimal conflict. Kennedy went ahead with the plan and on April 17, 1961, 1,400 CIA-trained Cuban exiles went to reclaim their homeland. Far from the waltz the intelligence community predicted, the invasion was an embarrassment. The CIA said Castro's army would fade at the first sight of an invasion, but the communists did not fold. The CIA said Castro had little popular support and the rest of the Cubans were sure to revolt once the invasion began. But Castro did have support and no uprising accompanied the Bay of Pigs. The disastrous invasion led to the capture of almost 1,200 Cuban exiles by Castro. The Kennedy administration was left holding the ball. Upon the president's orders, a military intervention had been orchestrated that wound up diminishing the prestige of the United States. But it isn't the president's botched call that is remembered, but his honor, integrity and sense of personal responsibility following the Bay of Pigs that stands out. Kennedy could have gone before the American people after the fiasco and evaded, set up a smoke screen and wormed out of responsibility. He could have blamed faulty intelligence or the Cuban exiles, who assured the president that Castro had no support, was weak and would crumble. But who did Kennedy blame? He took full responsibility in a direct address to the American people. And from that embarrassment rose one of the most beloved presidents, at home and abroad, of all time. Nothing is in sharper contrast to the actions and words of Kennedy than Bush's squirming around the issue of weapons of mass destruction in Iraq; the weapons he was assured existed by the intelligence community; the weapons that were the reason he mounted America's costly war; the weapons that have come up no where. David Kay, the former U.S. inspector in charge of finding the weapons in Iraq, recently said not only did he not find weapons but it is likely they never existed. Bush, in last year's State of the Union address, pounded home to the American people that the weapons were an imminent threat to our population and nuclear capabilities were being aggressively pursued in Iraq. There is no substance to those claims - so much so that Bush's reference to weapons in this year's State of the Union amounted to "weapons-related programs." That is a category so wide it could include a violent video game found in one of Uday Hussein's palaces. Where is the personal responsibility? It seems it falls on the intelligence community and not Bush. He will not stand up and say he botched the call that sent more than 500 U.S. citizens to violent deaths in Iraq, because they were told they were preventing a massive attack at home. Instead of the era of personal responsibility, we are stuck in the era of "not my fault." ***************************************************************** 19 SF Chronicle: To tell the truth EDITORIAL Tuesday, January 27, 2004 [San Francisco Chronicle] THE UNITED STATES waged a war against Iraq because President Bush persuaded much of Congress and the American public (but not the U.N. Security Council) that Saddam Hussein possessed a stockpile of biological and chemical weapons of mass destruction -- and was actively pursuing a nuclear capability. The danger, suggested the president, was so imminent that he could not allow the U.N.'s weapons inspectors to complete their search or take the time to gain the support of members of the U.N. Security Council. Now, David Kay, the government's chief weapons inspector, has returned from Iraq, resigned his position and stated his conclusion that "Iraq had no stockpiles of chemical and biological weapons at the start of the war last year ... What everyone was talking about is stockpiles produced after the end of the last Gulf War, and I don't think there was a large-scale production program in the '90s." The gradual emergence of evidence that undercuts the reasons given for the war has placed the Bush administration on the defensive. This was not a war of necessity. But neither Bush nor Vice President Dick Cheney is willing to admit, especially during an election year, that "we were wrong" and that our intelligence was flawed. In his State of the Union speech, Bush even insinuated that WMDs may have existed or will ultimately be discovered when he referred to evidence of "weapons of mass destruction-related program activities." Cheney, for his part, has emerged from his seclusion in an undisclosed location and launched a media blitz to reaffirm the original reasons for waging the war. In a series of well-publicized interviews, Cheney has revived two assertions already discredited by other members of the administration. First, he declared that there is "overwhelming evidence that Saddam Hussein has a relationship with al Qaeda," a link that even the president discounted last year. Second, he argued that two flatbed trailers outfitted with tanks -- discovered after the war -- proved that Iraq was indeed engaged in biological weapons programs. But scientists who studied them in Baghdad, including the late British scientist David Kelly and Kay, had already discredited that conclusion. Cheney's insistence on perpetuating dubious claims -- which elicited no comment from the White House -- is countered by Secretary of State Colin L. Powell's statement that Iraq may never have had WMDs, or at least does not appear to have them now. Although Powell still defends the decision to go to war, he now argues that it was Hussein's intention to build WMDs -- not Iraq's ability to produce them -- that justified the war. We disagree. Many nations would like to enhance their power on the world stage by producing WMDs. Waging war, however, should always be a last resort to stop an ominous threat, not a response to a theoretical danger. That is one reason, among many moral and diplomatic concerns, why the Bush doctrine of pre-emptive war is so dangerous and deeply flawed. · ©2004 San Francisco Chronicle ***************************************************************** 20 Heritage Foundation: Dealing with Dirty Bombs: Plain Facts, Practical Solutions James Jay Carafano, Ph.D., and Jack Spencer Backgrounder #1723 January 27, 2004 Most assessments of America's vulnerabilities include some mention of the nation's susceptibility to attacks by radiological dispersal devices, or "dirty bombs." The threat is often portrayed as a homogenous danger, but it in fact covers a spectrum of risks, not all of which are equally serious. Because the nature of the threat is often misconstrued, there is no shared appreciation of the problem or how best to address it. The reality is that the threat of a dirty bomb attack by terrorists is a credible one, although the psychological and economic consequences would likely far outweigh any casualties or physical destruction. To be better prepared, the United States should: + Develop national standards for emergency response, + Create a national system-of-systems emergency response structure,1 + Focus federal resources on developing national surge medical capacity, + Centralize oversight of federal emergency medical response in the Department of Health and Human Services, + Enhance federal expertise in emergency medical care, and + Establish better coordination with the private sector. The Demand for Dirty Bombs Radiological dispersal devices are attractive to terrorists and terrorist states. Abu Zubaydah, a key al-Qaeda operative captured in Pakistan on March 28, 2002, was widely believed to have told U.S. investigators that al-Qaeda was "interested" in obtaining a dirty bomb. Although Zubaydah's statements are unconfirmed, they appear to dovetail with evidence reportedly seized by U.S. forces in Afghanistan. In addition, on May 8, 2002, the FBI arrested Abdullah al Muhajir on charges of planning a radiological attack in the United States at the direction of al-Qaeda operatives.2 Although it was never fielded, Saddam Hussein also sought this capability.3 In 1987, Iraq tested a bomb weighing 1,400 kilograms that carried radioactive particles derived from irradiated impurities in zirconium oxide.4 Further prototypes were designed from the casings of 100 Muthanna-3 aerial chemical bombs. They were then modified to a 400-kilogram weight so that aircraft could carry more. Of the original 100, it is likely that only 25 were destroyed and that the remaining 75 were sent to the Al Qa'Qa State Establishment for an unknown fate.5 What Dirty Bombs Are, and What They Are Not The first step in appreciating the threat of dirty bombs is to understand that they are not nuclear weapons. Indeed, the only difference between a dirty bomb and a conventional explosive is that the dirty bomb is laced with some sort of radiological material. Therefore, it is better to think of the threat not in terms of the dirty bomb, but instead in terms of any devise that disperses radioactive materials. A radiological dispersal device may not even require an explosion. It is quite possible to separate the "dirty" from the "bomb." A terrorist could choose any number of methods to disperse dangerous radioactive material. The dispersion method may well be a conventional explosion, but putting radioactive material in a trashcan or sprinkling it on a sidewalk could also be an effective--and covert--means of contamination. The initial destruction caused by a dirty bomb would likely result from the explosion itself and not from the nuclear material. Its destructive capacity would be a function of the amount and type of explosive materials used, not of the radioactive additives. A car bomb laced with radioactive cobalt-60 would look no different from a car bomb without the extra material. Likewise, the radiological affect would be defined by the type and amount of radioactive material. A bomb with a small amount of radioactive material might wreak economic havoc and spread terror, but it would have little biological effect on local populations. On the other hand, a bomb laced with large amounts of strontium-90 (a highly radioactive isotope found in old Soviet power generators), highly enriched uranium, or spent nuclear fuel from a nuclear power plant could be devastating. However, like most threats, the highest risks are also the least likely. Not only are the more dangerous materials much more difficult to obtain, but the successful dispersal of a highly radioactive material would require an extremely sophisticated terrorist. The Practicality of Dirty Bombs To kill or sicken a large number of people would require a relatively large weapon with highly radioactive material. A truck bomb, for example, with 220 kilograms of explosive and 50 kilograms of one-year-old spent fuel rods could produce a lethal dosage zone with a radius of about one kilometer.6 Detonating such a device in an urban area with a large, unsheltered population might contaminate thousands of people or more.7 Although producing such a weapon is far easier than building a nuclear bomb, fabricating a highly effective radiological dispersal device that could easily be transported to its target would be difficult. Among the problems in building such a large device is the heavy shielding required to work with a significant amount of highly radioactive material. Otherwise, it would melt the carrying containers and sicken or kill anyone attempting to assemble or transport the weapon. For example, one assessment concluded that sufficient radioactive material to contaminate 230 square kilometers would require about 140 kilograms of lead shielding.8 While such weapons may not be practical tools for most terrorists, the idea of martyrdom could lead some to disregard the dangers. Distributing radiological material as a fine aerosol (the ideal molecule size being about one to five microns, a fraction of the width of a human hair) would require some degree of specialized knowledge and specialized handling and processing equipment to mill the radioactive agent and blend it with an inert material to facilitate dispersion and increase the risk of inhalation. Many variables can significantly affect the effectiveness of an attack: the distance from the radioactive source; the manner of dispersal; weather conditions (extent of dispersal); the degree of protection (e.g., buildings and overhead cover); and the type of radiation. For example, Alpha particles--one type of radiation--travel only a short distance, and most will not penetrate the dead, outside layer of skin. They are harmful, however, if inhaled or swallowed. Beta particles can penetrate the skin and inflict cellular damage, but they can be blocked by common materials such as plastic, concrete, and aluminum. In contrast, gamma rays and neutrons are far more powerful and do not lose energy as quickly as alpha and beta particles when they pass through an absorber like clothing or walls. Heavy lead shielding, great amounts of other shielding with absorbent or scattering material (e.g., several feet of earth or concrete), or significant distance (perhaps kilometers) may be required to avoid high-dose exposure.9 In an urban attack, buildings might absorb or shield significant amounts of radiation, significantly reducing the initial prospects for casualties. Unlike nuclear weapons, a radiological dispersal device does not require plutonium or enriched uranium. It requires only some form of radioactive material, which any nuclear reactor is capable of producing. In addition, numerous medical and industrial practices employ radioactive substances. However, obtaining these less dangerous materials associated with industry and the medical field would be easier than obtaining the more dangerous materials that result from nuclear power production. Illicitly obtaining materials is not impossible. The United States has significant gaps in its export rules.10 Abroad, however, the problems are even worse. Large quantities of relatively dangerous radioactive material remain unaccounted for. When assessing the risk of foreign radioactive material entering the United States, it is important not to be misled by media outlets that purport to demonstrate the ease with which terrorists could smuggle these substances into the U.S.11 While it may or may not be easy to smuggle radioactive material into the United States, smuggling harmless depleted uranium demonstrates no more than smuggling an illegal Persian rug. Depleted uranium is a byproduct of the manufacturing of fuel for nuclear reactors and nuclear weapons. Simply put, it is leftovers after the highly radioactive uranium-235 has been removed from uranium ore. The remaining (depleted) uranium is very dense and produces minimal radiation.12 The Likely Impact of a Dirty Bomb The impact of a successful dirty bomb attack on those who do not receive an immediately lethal, incapacitating dose of radiation is difficult to predict. Even the largest radiological dispersal device is likely to inflict catastrophic casualties only if long-term cancer risks are considered.13 Prompt modern medical treatment can dramatically improve survivability after radiation injury for individuals who do not receive an initial, lethal dose of radiation.14 In particular, dramatic medical advances have been made in caring for individuals with suppressed immune systems, a common byproduct of radiation attack. In addition, the danger of low-dose exposure from a radiological weapon may be far less than is commonly assumed. The long-term effect of low-dose radiation is determined by the capacity of irradiated tissue to repair DNA damage within individual cells, which is governed by a number of exposure, health, and genetic factors. There is some scientific evidence that current models may significantly overestimate the risks.15 On the other hand, due to public fears of radiation, an attack might have a considerable disruptive effect--forcing mass evacuations, creating economic chaos, and inflicting environmental and property damage and significant cleanup costs. In 1987, for example, scrap dealers in Goiânia, Brazil, unintentionally dispersed 137 pieces of a highly radioactive material, which required a massive environmental cleanup.16 This is proportional to industrial accidents or environmental incidents in the United States. However, a radiological release that was intentional and associated with a terrorist attack would undoubtedly have a psychological effect disproportionately greater than the actual physical threat. Thus, the fear factor is a major component of the radiological threat. A radiological strike, in which the fear of the unknown might be particularly acute, could trigger severe and widespread reactions, including mass hysteria and serious psychological casualties.17 The economic impact of a radiological strike should also be considered. If contamination is extensive, just removing irradiated material could have significant consequences. For comparison, removing low-level radioactive waste from a biomedical research facility to an appropriate storage facility is extremely expensive, costing $300 or more per cubic foot.18 The economic consequences of an attack would also include the cost of evacuating contaminated areas and housing, feeding, and caring for displaced persons, as well as lost worker productivity. Given the widespread availability of radioactive material, deception, hoaxes, and blackmail may also occur. These dangers are hardly new. In January 1979, for example, the general manager of a nuclear facility in Wilmington, North Carolina, received an extortion letter with a sample of uranium dioxide powder.19 Detecting the Presence of Radiation Technologies to detect radiological threats are fairly mature. Radiological monitors can identify contaminated food supplies and detect dispersal devices. Passive detection systems are relatively simple and safe to employ, but they can be evaded by shielding. Active systems (i.e., detectors that x-ray or irradiate an object with neutrons or high-energy electrons) can overcome some attempts to evade detection. Active detection, however, is more costly, inconvenient, and complex.20 One issue in attempting to detect radiological weapons in transit is the problem of false positives. Many commercial items and industrial and health care equipment employ radioactive material. It is likely that screening will inadvertently cause the unnecessary investigation of many items and persons. With the U.S. transportation system handling more than 11 million tons of freight each year, screening could significantly impede the flow of goods and services, especially in high-traffic areas such as airports, shipyards, and border crossings. Interspersed in this vast amount of material are many products that include varying amounts of radioactive material. In some ways, searching for a radiological bomb will be like searching for a needle in a needle stack. For example, in September 2002, U.S. officials boarded and searched the cargo ship Palermo Senator after detecting radiation. After several days, the source was determined to be a harmless load of ceramic tiles, which was emitting naturally occurring radiation.21 The Department of Homeland Security (DHS) already employs a variety of passive and active sensors to screen people and cargo entering the United States and is developing more effective and efficient screening systems. In addition, research on detecting radiological sources and mitigating the effects of radiation is a priority for the department's Science and Technology Directorate. Preparing for the Unthinkable Efforts to secure the global supply of radioactive material and prevent it from falling into the hands of terrorists should continue.22 Improved export controls, international monitoring, "buyback" programs, and other threat reduction measures could reduce, if only somewhat, the global glut of high-risk radioactive substances;23 but even with aggressive enforcement programs, sufficient material will likely be available worldwide over the next decades for any group wanting to mount a radiological attack. U.S. strategy rightly focuses on stopping terrorists before they can successfully conduct an attack on American soil. However, given the wide availability of radioactive material and the many means of employing it in an attack, a determined terrorist could conduct a successful strike. Fortunately, a great deal can be done to mitigate the casualties, psychological affects, and economic consequences of a radiological event. In addition, many of the countermeasures that can be implemented are "dual-use." In other words, they would also greatly facilitate a national response to any kind of natural or man-made disaster. Domestic efforts to prepare for a radiological attack should focus on creating a truly national emergency response system that would allow state and local governments to efficiently pool their resources, effectively direct federal assets where they are most needed, and appropriately engage the private sector. Particularly with regard to a radiological response, a national system should effectively perform four functions: provide accurate and timely information, surge medical response to the scene, ensure efficient and effective cleanup of the contaminated area, and monitor health and environmental affects. Building an effective national emergency response system could facilitate all these actions. Specifically, the U.S. should: + Develop national standards for emergency response. There are no national standards for an emergency response to a dirty bomb attack, or for that matter to any major terrorist incident. This is a subject of some debate. Long before September 11, experts in the field recognized that the lack of measurable objectives would make it difficult to establish policy goals, allocate resources properly, and establish the right balance of local, state, and federal roles in responding to a disaster.24 On the other hand, many have opposed such an initiative. The National Governors' Association, for example, has argued against mandatory standards. The U.S. Conference of Mayors has called for broad discretion in funding, allowing communities to adapt resources to local needs.25 In fact, current assessments of preparedness are based on voluntary surveys and needs assessments. Both have significant shortfalls. They lack objective measures of preparedness and consistent criteria for determining what personnel and equipment are needed for emergency response. Nor do these assessments account for the biases frequently associated with self-reported information. Establishing broad national standards is essential for creating a rationale national response system. The House Select Committee on Homeland Security has unanimously approved the Faster and Smarter Funding for First Responders Act (H.R. 3266), which includes procedures for establishing standards for responding to radiological attacks and other types of attacks using weapons of mass destruction. This legislation could serve as the foundation for establishing appropriate national preparedness standards.26 + Create a national system-of-systems emergency response structure. Given the complex and demanding requirements of responding to a radiological attack or other major terrorist threat, the fundamental requirement of an effective national response system may be to adopt a system-of-systems or network-centric approach to emergency preparedness. Network-centric operations could increase effectiveness by networking sensors, decision makers, and emergency responders. In essence, this means linking knowledgeable entities in the response to emergencies from the local level to the national level. Such a system might produce significant efficiencies by sharing skills, knowledge, and scarce high-value assets and by building capacity and redundancy in the national emergency response system, as well as gaining the synergy of providing all responders with a common operating picture and the ability to readily share information. Network-centric systems might be especially valuable in responding to a radiological attack, where responders will have to disseminate information quickly and accurately, surge medical capacity, adapt to difficult and chaotic conditions, and respond to unforeseen requirements. The DHS should adopt a system-of-systems architecture to support the National Incident Management System and focus research, development, and acquisition programs in the emergency response areas on those capabilities that would most contribute to building a national emergency responder network. + Focus federal resources on developing national surge capacity. Over one-third of the current federal assistance provided to state and local government is for developing local hospital surge capacity. This funding supports a questionable strategy. A fixed hospital-based national emergency response system is not the answer. It is likely that local hospitals would be quickly overwhelmed by mass casualty attacks, particularly radiological strikes that might see thousands of contaminated victims as well as additional thousands of the "worried well," or unaffected individuals who seek medical treatment out of fear. Federal aid should strike the right balance in ensuring that the national, state, and local governments focus on their appropriate responsibilities. Assistance to the state and local levels should focus on medical surveillance, detection, and communication so that problems can be identified quickly and regional and national resources can be rushed to the scene. + Centralize medical response capabilities in the Department of Health and Human Services (HHS). An effective national medical response could be key to successfully mitigating casualties from a radiological attack. Oversight of national medical emergency programs, however, is split between HHS and the DHS. Bifurcating responsibility for medical response programs such as the Metropolitan Medical Response System, National Disaster Medical System, and National Strategic Stockpile between HHS and the DHS is a mistake. Managing complex programs through interagency memoranda of understanding is bureaucratic, inefficient, and unnecessary. Clearly, transferring responsibility and budgetary oversight of these efforts into one department or the other would increase efficiency. HHS has the expertise and experience--which the DHS lacks--to oversee large medical emergency response programs. Congress should amend the Homeland Security Act of 2002 to move responsibility for overseeing the National Strategic Stockpile, the Metropolitan Medical Response System, and the National Disaster Medical System to HHS. + Enhance federal expertise in emergency medical care.The federal government lacks an integrated approach to emergency medicine, a key component of responding to a radiological attack. HHS, for example, does not have a National Institute of Emergency Medicine. Meanwhile, the Emergency Medical Services Division, tasked with developing the federal contribution to enhancing and guiding the emergency medical system, is a small office within the Department of Transportation's National Highway and Traffic Safety Administration, far removed from other key elements of the federal emergency medical response system in HHS and the DHS. Congress should address the shortfall in federal expertise in emergency medical services by moving Emergency Medical Services Division functions to HHS and establishing an Institute for Emergency Medicine within the National Institutes of Health that is dedicated to spearheading emergency medical research efforts. This institute should work closely with the Centers for Disease Control and Prevention to devise more comprehensive emergency medical response strategies, particularly with regard to radiological contamination. + Establish better coordination with the private sector. A significant portion of the cleanup after a radiological disaster will be conducted by the private sector. Potentially, in addition to professional responders and volunteers, there are about 6.5 million skilled construction workers in the United States who could respond in the wake of a disaster. Thousands of workers, for example, were required at the World Trade Center to help in response and recovery operations. 27 The response also illustrated the challenges of being unprepared to quickly integrate civilian assets into a dangerous emergency response environment. A safety survey of the site found that many of these workers lacked even basic safety equipment, including safety eyewear, dust masks, ear protection, gloves, steel-toed boots, and hard hats. As a result, numerous injuries occurred and long-term health concerns arose during the course of operations.28 The DHS, in concert with state and local governments and the private sector, should explore means to pre-train and certify construction workers; establish a registry of qualified contractors, firms, and unions; and link them to emergency management agencies. The DHS also needs to determine how technologies to speed cleanup efforts and protect workers can be rapidly distributed or contracted from the private sector when required. Conclusion A clearer understanding of the dirty bomb threat will ensure that policymakers are prepared to coordinate public, private-sector, and governmental responses to a dirty bomb attack. Policymakers and the public need to understand the costs and risks associated with dirty bombs to invest appropriate resources for preparation and prevention efforts as well as for consequence mitigation. Perhaps most important is ensuring that people do not overreact to the mere presence of radiation without full knowledge of the extent and type of contamination. Implementing a few commonsense policies will not only better prepare the nation for a dirty bomb attack, but also substantially increase America's general preparedness. James Jay Carafano, Ph.D., is a Senior Research Fellow for National Security and Homeland Security, and Jack Spencer is a Senior Policy Analyst for Defense and National Security, in the Kathryn and Shelby Cullom Davis Institute for International Studies at The Heritage Foundation. 1. A "system of systems" is an overarching system that allows disparate systems to communicate and function with each other. The term is often used in the defense industry. 2. For example, see Mark Hosenball, "How Good Is Abu Zubaydah's Information," MSNBC News, April 27, 2002, at www.msnbc.msn.com/id/3067224. In May 2002, authorities arrested Jose Padilla, an American citizen who converted to Islam and took the name Abdullah al Muhajir. Authorities claimed that al Mujahir had "trained with the enemy, including studying how to wire explosive devices and researching radiological dispersion devices." See "From Brooklyn to al Qaeda?" ABC News, June 10, 2002, at www.abcnews.go.com/sections/us/DailyNews/chicagosuspect_profile02 0610.html. 3. For an overview of the open-source data describing Iraq's weapons of mass destruction programs before the war, see "Appendix: A Survey of Iraq's Arsenal and Use of Weapons Of Mass Destruction," in Baker Spring and Jack Spencer, "In Post-War Iraq, Use Military Forces to Secure Vital U.S. Interests, Not for Nation-Building," Heritage Foundation Backgrounder No. 1589, September 25, 2002, at www.heritage.org/Research/MiddleEast/bg1589.cfm. 4. United Nations, Tenth Report of the Executive Chairman of the Special Commission Established by the Secretary General pursuant to Paragraph 9(b)(i) of Security Council Resolution 687 (1991), and Paragraph 3 of Resolution 699 (1991) on the Activities of the Special Commission, S/1995/1038, December 17, 1995, part VII. 5. William J. Broad, "Iraq Tested Bomb Meant to Carry Radioactive Cloud," The New York Times, April 29, 2001; United Nations, Tenth Report of the Executive Chairman of the Special Commission; and Federation of American Scientists, "Radiological Weapons," updated November 03, 1998, at www.fas.org/nuke/guide/iraq/other/radiological.htm (January 23, 2004). 6. James L. Ford, "Radiological Dispersal Devices," Strategic Forum, Vol. 136 (March 1998), pp. 3-4. 7. In one proposed scenario, radioactive cobalt released at the tip of Manhattan in New York City contaminated a 1,000-square-kilometer area over three states. Henry Kelly, President, Federation of American Scientists, testimony before the Committee on Foreign Relations, U.S. Senate, March 6, 2002, at www.fas.org/ssp/docs/030602-kellytestimony.htm. In another scenario developed by the Center for Counterproliferation Research and the Defense Threat Reduction Agency, detonation of a device consisting of 100 kilograms of C4, 50 grams of Cesium-137, and 2 kilograms of plutonium in a San Diego convention center was estimated to have killed 31 and caused up to 1,969 additional fatalities and sickened 6,569. Center for Counterproliferation and the Defense Threat Reduction Agency, NBC Scenarios: 2002-2010, April 2000, pp. 14 and 19. 8. Ford, "Radiological Dispersal Devices," p. 4. 9. David G. Jarret, Medical Management of Radiological Casualties (Bethesda, Md.: Armed Forces Radiological Research Institute, 1999), pp. 4-9, and Hanford ALARA Reference Center, "Shielding Use and Analysis," undated, pp. 1-4, at www.hanford.gov/alara/PDF/analysis.pdf (January 21, 2004). 10. Charles D. Ferguson et al., "Commercial Radioactive Sources: Surveying the Security Risks," Monterey Institute of International Studies Occasional Paper No. 11, January 2003, pp. 45 and 64, at cns.miis.edu/pubs/opapers/op11/op11.pdf. 11. Brian Ross, Rhonda Schwartz, and David Scott, "How Safe Are Our Borders?" ABC News, September 11, 2003, at abcnews.go.com/sections/wnt/DailyNews/sept11_uranium020911.html (January 20, 2004). 12. Jack Spencer and Michael Scardaville, "Dispelling the Myths About the Military Use of Depleted Uranium," Heritage Foundation Executive Memorandum No. 721, February 20, 2001, at www.heritage.org/Research/NationalSecurity/EM721.cfm. 13. For example, one scenario of a radiological dispersal device attack on New York City suggests that residents in a 1,000-square-kilometer area could suffer death rates from cancer ranging from 1 in 10 within a kilometer of the attack, to a 1 in 100 risk for those living in all of Manhattan, to 1 in 10,000 for those living up to 15 kilometers downwind of the attack. See Kelly, testimony before the Committee on Foreign Relations. These figures, however, are not for immediate casualties, but for long-term cancer risks. They do not include accounting for factors such as the protective effects of buildings, medical treatment, or cleanup. In addition, this analysis was based on radiation-exposure standards derived from Environmental Protection Agency and Nuclear Regulatory Commission guidelines and does not address the fact that these standards are somewhat controversial and may overstate long-term threats. The modeling used for this scenario draws on linear no-threshold theory (LNT). See Michael Levi and Henry Kelly, "Dirty Bombs Continued," FAS Public Interest Report, Vol. 55 (May 2002). LNT holds that any amount of radiation dose, even those close to zero, is harmful. Therefore, low-dose exposure is assumed to have effects similar to those of high-dose exposure, but with lower incidence (i.e., fewer casualties per the number exposed). There is no scientific consensus over whether LNT is appropriate for accurately predicting casualties. For contrasting views on the debate, see Myron Pollycove, "The Rise and Fall of the Linear No-Threshold (LNT) Theory of Radiation Carciogenesis," presentation to the Institute of Physics, 1997, at cnts.wpi.edu/RSH/Docs/PollycovePhysics.html, and Richard Wakeford, "Low Dose Irradiation: A Threshold Assumption Is Inappropriate," paper presented to the Southport Conference, 1999, at www.srp-uk.org/srpcdrom/p7-3.doc. 14. Jarret, Medical Management of Radiological Casualties, pp. 8-9. 15. Health Physics Society, "Radiation Risk in Perspective: Position Statement of the Health Physics Society," March 2001, at www.Hps.Org/Documents/Radiationrisk.pdf; National Radiological Protection Board, "Risk of Radiation-Induced Cancer at Low Doses and Low Dose Rates for Radiation Protection Purposes," Documents of the NRPB, Vol. 6, No. 1 (1995), pp. 1-7; Animal Studies of Residual Hematopoietic and Immune System Injury from Low Dose/Low Dose Rate Radiation and Heavy Metals, Armed Forces Radiobiology Research Institute Contract Report 98-3, 1998, p. 1. See also Military Medical Operations Office, Medical Management of Radiological Casualties Handbook, Armed Forces Radiobiology Research Institute, December 1999, pp. 34-39, and Electronic Power Research Institute, Health Risks Associated with Low Doses of Radiation, EPRI TR-104070, 2002. 16. For a detailed analysis of the incident, see International Atomic Energy Agency, Dosimetric and Medical Aspects of the Radiological Accident in Goiânia, Brazil in 1987, June 1998. 17. Defense Threat Reduction Agency et al., Human Behavior and WMD Crisis: Risk Communication Workshop: Final Report, March 2001, at www.bt.usf.edu/Reports/AHA-report-hospital-mass-casualties-2000.P DF. 18. Committee on the Impact of Low-Level Radioactive Waste Management Policy on Biomedical Research in the United States, The Impact of Low-Level Radioactive Waste Management Policy on Biomedical Research in the United States (Washington, D.C.: National Academy Press, 2001), p. 11, and Audeen W. Fentiman et al., "Factors That Affect the Cost of Low-Level Radioactive Waste Disposal," Ohio State University Information Extension Research Low-Level Radioactive Waste Fact Sheets RER-66, at www.ag.ohio-state.edu/~rer/rerhtml/rer_66.html (January 21, 2004). 19. S. A. Mullen, J. J. Davidson, and H. B. Jones Jr., Potential Threat to Licensed Nuclear Activities from Insiders (Insider Study), NUREG-0703 (Washington, D.C.: Nuclear Regulatory Commission, Office of Nuclear Material Safety and Safeguards, July 1980). 20. Steve Fetter et al., "Detecting Nuclear Warheads," Science &Global Security, Vol. 1 (1990), p. 226. 21. Admiral Thomas H. Collins, remarks before the World Shipping Council, September 17, 2002, p. 2, at www.uscg.mil/ commandant/speeches%5Fcollins/2002%2D09%2D17worldshippingcouncil7 .doc, and David A. Howard, "Valuable Lessons from Palermo Senator Incident," American Shipper, October 2002, at www.americanshipper.com. 22. Mathew Bunn, "Preventing Nuclear Terrorism: A Progress Report," Belfer Center for Science and International Affairs, October 22, 2003. 23. Ferguson et al., "Commercial Radioactive Sources: Surveying the Security Risks," pp. 65-66. 24. Richard A. Falkenrath, "The Problems of Preparedness: Challenges Facing the U.S. Domestic Preparedness Program," executive session on domestic preparedness discussion paper, John F. Kennedy School of Government, 2000, p. 15. 25. U.S. General Accounting Office, National Preparedness: Integration of Federal, State, and Local and Private Sector Efforts Is Critical to an Effective National Strategy for Homeland Security, GAO-02-621T, April 11, 2002, p. 13. 26. James Jay Carafano, "Homeland Security Grant Bill Needs Revision But Is a Step in the Right Direction," Heritage Foundation Executive Memorandum No. 909, January 8, 2004, at www.heritage.org/Research/HomelandDefense/EM909.cfm. 27. Donald Elisburg and John Moran, "Response to the World Trade Center (WTC) Disaster: Initial WEPT Grantee Response and Preliminary Assessment of Training Needs," National Institute of Environmental Health Sciences, October 6, 2001, p. 7. See also Bruce Lippy and Kerry Murray, "The Nation's Forgotten Responders," National Clearinghouse for Worker Safety and Health Training," December 14, 2002, pp. 17-23. 28. Elisburg and Moran, "Response to the World Trade Center (WTC) Disaster," p. 7. © 1995 - 2004 The Heritage Foundation All Rights Reserved. ***************************************************************** 21 Guardian Unlimited: Leak against this war (D Ellberg) [UP] US and British officials must expose their leaders' lies about Iraq - as I did over Vietnam Daniel Ellsberg Tuesday January 27, 2004 After 17 months observing pacification efforts in Vietnam as a state department official, I laid eyes upon an unmistakable enemy for the first time on New Year's Day in 1967. I was walking point with three members of a company from the US army's 25th Division, moving through tall rice, the water over our ankles, when we heard firing close behind us. We spun around, ready to fire. I saw a boy of about 15, wearing nothing but ragged black shorts, crouching and firing an AK-47 at the troops behind us. I could see two others, heads just above the top of the rice, firing as well. They had lain there, letting us four pass so as to get a better shot at the main body of troops. We couldn't fire at them, because we would have been firing into our own platoon. But a lot of its fire came back right at us. Dropping to the ground, I watched this kid firing away for 10 seconds, till he disappeared with his buddies into the rice. After a minute the platoon ceased fire in our direction and we got up and moved on. About an hour later, the same thing happened again; this time I only saw a glimpse of a black jersey through the rice. I was very impressed, not only by their tactics but by their performance. One thing was clear: these were local boys. They had the advantage of knowing every ditch and dyke, every tree and blade of rice and piece of cover, like it was their own backyard. Because it was their backyard. No doubt (I thought later) that was why they had the nerve to pop up in the midst of a reinforced battalion and fire away with American troops on all sides. They thought they were shooting at trespassers, occupiers, that they had a right to be there and we didn't. This would have been a good moment to ask myself if they were wrong, and if we had a good enough reason to be in their backyard to be fired at. Later that afternoon, I turned to the radio man, a wiry African American kid who looked too thin to be lugging his 75lb radio, and asked: "By any chance, do you ever feel like the redcoats?" Without missing a beat he said, in a drawl: "I've been thinking that ... all ... day." You couldn't miss the comparison if you'd gone to grade school in America. Foreign troops far from home, wearing helmets and uniforms and carrying heavy equipment, getting shot at every half-hour by non-uniformed irregulars near their own homes, blending into the local population after each attack. I can't help but remember that afternoon as I read about US and British patrols meeting rockets and mines without warning in the cities of Iraq. As we faced ambush after ambush in the countryside, we passed villagers who could have told us we were about to be attacked. Why didn't they? First, there was a good chance their friends and family members were the ones doing the attacking. Second, we were widely seen by the local population not as allies or protectors - as we preferred to imagine - but as foreign occupiers. Helping us would have been seen as collaboration, unpatriotic. Third, they knew that to collaborate was to be in danger from the resistance, and that the foreigners' ability to protect them was negligible. There could not be a more exact parallel between this situation and Iraq. Our troops in Iraq keep walking into attacks in the course of patrols apparently designed to provide "security" for civilians who, mysteriously, do not appear the slightest bit inclined to warn us of these attacks. This situation - as in Vietnam - is a harbinger of endless bloodletting. I believe American and British soldiers will be dying, and killing, in that country as long as they remain there. As more and more US and British families lose loved ones in Iraq - killed while ostensibly protecting a population that does not appear to want them there - they will begin to ask: "How did we get into this mess, and why are we still in it?" And the answers they find will be disturbingly similar to those the American public found for Vietnam. I served three US presidents - Kennedy, Johnson and Nixon - who lied repeatedly and blatantly about our reasons for entering Vietnam, and the risks in our staying there. For the past year, I have found myself in the horrifying position of watching history repeat itself. I believe that George Bush and Tony Blair lied - and continue to lie - as blatantly about their reasons for entering Iraq and the prospects for the invasion and occupation as the presidents I served did about Vietnam. By the time I released to the press in 1971 what became known as the Pentagon Papers - 7,000 pages of top-secret documents demonstrating that virtually everything four American presidents had told the public about our involvement in Vietnam was false - I had known that pattern as an insider for years, and I knew that a fifth president, Richard Nixon, was following in their footsteps. In the fall of 2002, I hoped that officials in Washington and London who knew that our countries were being lied into an illegal, bloody war and occupation would consider doing what I wish I had done in 1964 or 1965, years before I did, before the bombs started to fall: expose these lies, with documents. I can only admire the more timely, courageous action of Katherine Gun, the GCHQ translator who risked her career and freedom to expose an illegal plan to win official and public support for an illegal war, before that war had started. Her revelation of a classified document urging British intelligence to help the US bug the phones of all the members of the UN security council to manipulate their votes on the war may have been critical in denying the invasion a false cloak of legitimacy. That did not prevent the aggression, but it was reasonable for her to hope that her country would not choose to act as an outlaw, thereby saving lives. She did what she could, in time for it to make a difference, as indeed others should have done, and still can. I have no doubt that there are thousands of pages of documents in safes in London and Washington right now - the Pentagon Papers of Iraq - whose unauthorised revelation would drastically alter the public discourse on whether we should continue sending our children to die in Iraq. That's clear from what has already come out through unauthorised disclosures from many anonymous sources and from officials and former officials such as David Kelly and US ambassador Joseph Wilson, who revealed the falsity of reports that Iraq had pursued uranium from Niger, which President Bush none the less cited as endorsed by British intelligence in his state of the union address before the war. Both Downing Street and the White House organised covert pressure to punish these leakers and to deter others, in Dr Kelly's case with tragic results. Those who reveal documents on the scale necessary to return foreign policy to democratic control risk prosecution and prison sentences, as Katherine Gun is now facing. I faced 12 felony counts and a possible sentence of 115 years; the charges were dismissed when it was discovered that White House actions aimed at stopping further revelations of administration lying had included criminal actions against me. Exposing governmental lies carries a heavy personal risk, even in our democracies. But that risk can be worthwhile when a war's-worth of lives is at stake. · Daniel Ellsberg is the author of Secrets: a Memoir of Vietnam and the Pentagon Papers. Guardian Newspapers Limited ***************************************************************** 22 CS Monitor: Nukes: Can US practice what it preaches? | csmonitor.com Commentary > Opinion from the January 28, 2004 edition By Stansfield Turner WASHINGTON  In June 2002, President Bush advised the nation that the greatest threat to US security lies in the possibility of terrorists acquiring unconventional weapons. It would seem logical, then, to reassess whether national security strategy is doing all that is possible to keep weapons out of the hands of terrorists. A good starting point: the United States' own nuclear policies. With respect to chemical and biological weapons, the US has eschewed possession of them and is destroying what stocks it has. The record is more problematic with nuclear weapons. The Bush administration has taken policies on these weapons in two directions that differ substantially from previous policies. A necessary question to ask is whether these changes impede or abet preventing terrorists from obtaining nuclear weapons. In the spring of 2002, Presidents Bush and Putin signed the Moscow Treaty establishing the goal of reducing inventories of immediately deployable strategic nuclear warheads on each side to between 1,700 and 2,200 by the end of 2012. This was in line with the previous policy, as reflected in the START II Treaty, which reduced both sides to 3,000 to 3,500 strategic warheads. Where the Bush policy is different is in the slow pace of the demobilization - no reductions from present levels are required for 10 years - and the treaty does not require the destruction of any warheads. It provides only that each side will retain just 1,700 to 2,200 immediately deployable warheads. It isn't clear to the public just what that means. The US, however, has indicated it will not destroy any of the 4,000 to 5,000 warheads above the allowable limit that it retains. Instead it will keep them in some condition that it can claim is not immediately deployable. The net effect of the treaty and of US plans for dealing with it, then, is to say that the US is placing a high premium on maintaining access to approximately 6,000 to 7,000 strategic nuclear warheads as a hedge against uncertainty. A second change in policy is that the Bush administration has gone to Congress for authorization to do research on new, less powerful, tactical warheads. These are primarily for employment as "bunker busters" for destroying deeply buried, hardened targets. This, too, indicates the importance the US places on having usable nuclear weaponry. The issue the country must face today is whether these two new directions are compatible with reducing the primary threat of proliferation of nuclear weapons to terrorists. It seems obvious that if the US, with the strongest military forces in the world, insists on having lots of usable nuclear weapons, such weapons must have even greater utility for powers with lesser conventional forces. Thus, the US has reduced its leverage to garner cooperation from other nations in the myriad actions necessary to prevent further proliferation of nuclear weapons. How can the US convince the world that the Iraqs and the North Koreas must not have even one nuclear weapon when it needs 7,000? The US looks hypocritical and isn't in a sound position to lead the world in an antiproliferation campaign. The US has no need for such overwhelming nuclear superiority. Russia has acknowledged that since the collapse of the Soviet Union it hasn't invested adequately in maintaining and replacing its aging nuclear arsenal. Consequently, very shortly it will be down to about 1,000 usable strategic nuclear warheads. No one else has even 500. And, as for needing "bunker busters": The US has such superior conventional military forces that it could overwhelm even a North Korea, regardless of whether its leadership hunkers underground. And, it is worth noting that Saddam Hussein hid in a rathole, not an impregnable bunker; and that we have not heard one word from the administration about what were supposed to be some of the world's best bunkers in Baghdad. The US could always cut the supplies of electricity and water, plus communications and even physical access to underground bunkers, using only conventional weapons. Most bunkers are in cities and the US would never drop a nuclear weapon, even a "small" one, in an urban area just to destroy a bunker. Small busters are the equivalent of about 10 million pounds of TNT, plus radiation. Fortuitously there is a way to show the world that the US is willing to downplay its nuclear arsenal while at the same time taking into account the Bush administration's concern about being caught short. It is called "strategic escrow." Under strategic escrow, the nuclear warheads that the US must, in accordance with the Moscow Treaty, render operationally undeployable would be removed from their missiles or bombers and placed in storage at some significant distance. There would be international observers to report if warheads were being returned to their delivery vehicles. Surely the administration must be planning something closely akin to this strategic escrow as a way of retaining the 4,000 to 5,000 warheads it has above the treaty limit. By pursuing strategic escrow, the US would show it is serious about curbing everyone's nuclear weaponry, even its own. That would be the case especially if the US decided to go down to the Russian level of 1,000 fully ready nuclear warheads or even fewer, instead of the 1,700 to 2,200 permitted by the treaty - and if the US did it in one to two years instead of eight. This would better enable the US to pressure the other seven nuclear powers to place proportional numbers of their arsenals in escrow. Soon, with very low numbers of nuclear weapons immediately ready to fire, the risk of unintended nuclear war would be substantially reduced. Most of all, though, the world community would understand how vital curbing nuclear proliferation is to America. US leverage over irresponsible nations that might sell nuclear components or technology to rogue states or terrorists would be greatly increased. The events of 9/11 have forced America to take seriously the awesome threat of nuclear terrorism. It would be surprising if some adjustment in national security strategy were not needed to cope with this new danger. Surely the mightiest military power on earth can look at ways to reduce its power while remaining safe, but at the same time leading the world in an antiproliferation regime that might avert a catastrophe for all mankind. " Adm. Stansfield Turner was director of central intelligence from 1977 to 1981 and is now on the faculty of the University of Maryland's graduate School of Public Affairs. www.csmonitor.com | Copyright © 2004 The Christian Science Monitor. All rights reserved. ***************************************************************** 23 Las Vegas SUN: Libya Nuclear Components Arrive in U.S. Today: January 27, 2004 at 12:05:12 PST By BARRY SCHWEID ASSOCIATED PRESS WASHINGTON (AP) - An American plane carrying components of Libya's nuclear weapons and missile programs arrived Tuesday in the United States as Moammar Gadhafi follows through on a pledge to dismantle the program. The plane landed at McGhee Tyson airport outside Knoxville, Tenn., carrying about 55,000 pounds of equipment, including stock to enrich uranium, centrifuge parts and guidance sets for long-range missiles, White House spokesman Scott McClellan said. The equipment likely will be evaluated at the Oak Ridge nuclear weapons plant in Tennessee. The "most sensitive documentation" associated with Libya's nuclear program arrived by plane last week, McClellan said. Also, the spokesman announced that Libya had begun destroying chemical munitions. Gadhafi, trying to break out of diplomatic isolation and seeking a lifting of U.S. economic sanctions, promised last Dec. 19 to end development of nuclear and all other weapons of mass destruction. "The world can see that Col. Gadhafi is keeping his commitment," McClellan said. However, the White House gave no indication it was ready to ease the U.S. economic squeeze on Libya, nor did the State Department say Libya's designation as a supporter of terrorism would be canceled. "As they take these essential steps and demonstrate its seriousness, its good faith will be returned and Libya can regain a secure and respected place among the nations," McClellan said. He said the shipments were "only the beginning of the elimination of Libya's weapons." Rep. Tom Lantos, the senior Democrat on the House International Relations Committee, met Monday in Tripoli with Gadhafi for 90 minutes and reported the Libyan leader intended to follow through on his pledge. Lantos, in an interview, said he would urge Rep. Henry Hyde, R-Ill., to join him in a bipartisan appeal to the Bush administration to show "good faith" in Gadhafi by ending a ban on travel to Libya. Gadhafi's historic turnabout, promoted by Britain with U.S. support, is being cited by the White House as a triumph in the campaign to halt the spread of nuclear technology. After Gadhafi's pledge to abandon his quest for weapons of mass destruction, Secretary of State Colin Powell said "the next step is to make sure we have a clear understanding of what Libya possesses." Powell said the administration intended to pursue aggressively reports that Libya obtained much of its nuclear technology from Pakistan. "We know that there have been cases where individuals in Pakistan have worked in these areas," Powell said. In the interim, administration officials gave no indication they were prepared to ease U.S. sanctions that have hurt Libya's economy. In fact, Powell said last week he still considered Gadhafi a dictator. -- ***************************************************************** 24 Las Vegas SUN: Top Pakistan Nuke Scientist Investigated Today: January 27, 2004 at 10:45:11 PST By BURT HERMAN ASSOCIATED PRESS ISLAMABAD, Pakistan (AP) - As Pakistan's nuclear probe enters its final stretch, investigators have focused on a man revered as a national hero: Abdul Qadeer Khan, father of the country's nuclear program. Known as a self-promoting nationalist, Khan has always been surrounded by controversy, including allegations he stole plans from a former Dutch employer that jump-started Pakistan's nuclear weapons program in the 1970s. Pakistan began its probe into its nuclear program and possible proliferation to Iran in late November after admissions made by Tehran to the International Atomic Energy Agency, the U.N. nuclear watchdog. Allegations also have surfaced that Pakistani technology spread to Libya and North Korea as well. An intelligence official familiar with the investigation told The Associated Press on Tuesday that Khan is among a small number of suspects in the probe, but "a final determination is yet to be made" of his guilt. Khan has made no public comment; a friend said the scientist told him he had done nothing wrong. Officials acknowledge Khan is still being questioned, and even though he's not one of the seven scientists and security officials still detained in the investigation, they won't rule out that he might face charges. Acquaintances say Khan's movement has been restricted to the capital, Islamabad. "Nobody is above the law," Foreign Ministry spokesman Masood Khan told reporters Tuesday. On Monday, Information Minister Sheikh Rashid Ahmed said "one or two people" acted for personal profit in trying to spread nuclear technology. President Gen. Pervez Musharraf has also acknowledged that some officials from the nuclear program may have proliferated weapons technology for personal gain, but has denied any official involvement. Abdul Qadeer Khan founded the program that developed nuclear weapons in Pakistan, the first in the Islamic world. He has been awarded the country's highest civilian award twice - the only person so honored. In recognition of Khan's contribution, Pakistan's nuclear weapons lab was renamed for him in 1981. Khan retired in 2001, but still serves as a government adviser. Born in present-day India in 1935 to a teacher's family, Khan emigrated to Pakistan in 1952, five years after its partition from India. He earned a doctorate in metallurgy in Belgium and began working in 1972 at a Netherlands subsidiary of the British-German-Dutch nuclear conglomerate URENCO, returning in 1976 to head Pakistan's nuclear program. While at URENCO, Khan had access to centrifuge technology - used to enrich uranium into the form needed to produce weapons - and was reportedly assigned to translate highly classified documents describing the designs in detail. In 1983, a Netherlands court convicted Khan in absentia on a charge of stealing confidential material from URENCO and sentenced him to four years in prison. He denied the charge and the conviction was later overturned on technicality. Khan's name has come up before in allegations Pakistan spread of nuclear technology - to Iraq. An AP report in December 2002, citing U.N. documents, diplomats and former weapons inspectors, said a middleman claiming to represent Khan offered to help Baghdad build a bomb on the eve of the 1991 Gulf War. Profit was the alleged motive for the offer, which the Iraqis rejected. A company Khan owned in Dubai was to transfer the equipment. In the current investigation, a media report Sunday said scientists' bank accounts were being traced and that one unnamed nuclear scientist had a tens of millions of dollars in financial and real estate holdings in Pakistan and abroad, including in Dubai. It did not name the scientists. Zahid Malik, a journalist and friend of Khan's who recently saw him, said the scientist denied any wrongdoing. "He told me that he is innocent and has not done anything against the interest of Pakistan," Malik said. Khan's flamboyant persona has earned him some detractors, and he's long been viewed with skepticism in the West. But even Pakistani media have reported on his possible role in the scandal recently, one of the first times Khan has faced criticism at home. "He is used to accusations in the Western press, but he's disturbed that there are accusations now from the Pakistani press as well," Malik said. Khalid Mahmood, a senior research fellow at Islamabad's Institute of Regional Studies, said Khan's support within Pakistan wasn't strong enough to shield him from the investigation. "There is a constituency, a lobby which protects him as a hero," Mahmood said. "This is a very limited lobby and they do not have the ability to mobilize popular support." Khan has backers among Pakistan's Islamist parties, who have supported the scientists in the investigation. They accuse Musharraf of kowtowing to the West, and fear the investigation will lead to Pakistan giving up its nuclear weapons. Officials say whatever the probe finds, Pakistan will never turn over its bombs. "Pakistan will remain a nuclear weapons state. We will continue to enhance our nuclear capability," said Masood Khan, the Foreign Ministry spokesman. -- ***************************************************************** 25 AU SMH: Powell lets fly with criticism of Russia - www.smh.com.au [Sydney Morning Herald Online] January 28, 2004 The US Secretary of State, Colin Powell, has criticised curbs on free elections and the news media, as well as the Russian military campaign in Chechnya, in meetings with Russia's President, Vladimir Putin, and in an essay published in a Russian newspaper. In the toughest public stance to date by a Bush Administration official, Mr Powell said certain developments in Russian politics and foreign policy in recent months "have given us pause". In an essay published on Monday in the newspaper Izvestia, Mr Powell said he had raised these concerns in seven hours of meetings with Mr Putin and other officials at the Kremlin. White House officials said Mr Powell's concerns included the arrest and seizure of the assets of a prominent businessman and political rival of Mr Putin, Mikhail Khodorkovsky. Mr Powell also commented on parliamentary elections in which several parties complained about a lack of access to the media. The Bush Administration has been reluctant to criticise Russia publicly, saying Russian officials' sensitivity to such remarks could make them less likely to co-operate on a range of issues, from nuclear proliferation to Iraq's reconstruction. But growing concern about Russian actions, and increasing criticism in Congress and among Democratic presidential candidates about US passivity, have resulted in a change in the Administration's stance. Mr Powell's article increases the pressure, while avoiding a direct confrontation between Mr Bush and Mr Putin. Their relationship blossomed after September 11, 2001, with Moscow and Washington co-operating in the fight against global terrorism and resolving a dispute over the US's proposed missile defence scheme. Mr Powell declined to repeat his criticisms during a news conference with Russia's Foreign Minister, Igor Ivanov, after the meetings. State-controlled television emphasised the cooperation between the US and Russia, and there appeared to be little public concern in Russia. Mr Putin made no mention of the criticism that preceded Mr Powell's arrival. In the Izvestia essay, Mr Powell argued that Russia had yet to achieve an "essential balance" between the executive and other branches of government. He questioned Russia's policies in the separatist republic of Chechnya and its slow progress towards full democracy. "Political power is not yet fully tethered to law," Mr Powell wrote. "Key aspects of civil society - free media and political party development, for example - have not yet sustained an independent presence." In an attempt to soothe fears of growing rivalry along Russia's borders with former Soviet republics, Mr Powell on Monday said the US had no plans to create military bases in Georgia. At the same time, US officials have not ruled out a long-term security presence in the strategically important Caucasus republic, once a part of the Soviet Union and still a crucial component of the Kremlin's effort to maintain an extensive sphere of influence and counter NATO's expansion towards its western frontier. The New York Times, Los Angeles Times Copyright © 2004. The Sydney Morning Herald. advertise| ***************************************************************** 26 Washington Post: Hope on N. Korea (washingtonpost.com) By John W. Lewis Tuesday, January 27, 2004; Page A17 Last August, just after my ninth visit to North Korea since 1987, the six-party talks on the Korean nuclear crisis ended in stalemate. In the days that followed, I began organizing a return trip by a group of people who had been studying the North's nuclear program and the tortuous path of U.S.-North Korean relations. The January visit to Pyongyang fell into three principal areas: Foreign Ministry discussions, a visit to the Nuclear Scientific Research Center at Yongbyon, and extended meetings with officials dealing with a variety of economic, military, scientific, humanitarian and human rights questions. Obviously, what has attracted the most attention is our visit to Yongbyon, but that was only one of the directions we took. My previous trips to North Korea had covered the years from the distancing of Pyongyang's erstwhile allies, China and Russia, following the Cold War, through the disastrous periods of flood, drought and famine in the mid-1990s, to the attempts to introduce economic reforms in 2002. The changes from 1987 to 2004 have been dramatic, and they continue. Along the roads and in the towns, small entrepreneurs are taking advantage of the new pricing and market policies. The real shocker was the massive semi-private market on Tong Il Street in Pyongyang, where potential buyers can find quantities of meat, vegetables and fruits as well as hardware, furniture and clothes. While life in the countryside remains stark, similar markets are said to be springing up in other cities, and South Korean money is flowing in to build a huge industrial park just north of the Demilitarized Zone. A market economy, however limited, has arrived in the North. These changes are as important as they are dramatic. They put the nuclear program in a new context. North Korea's desperately needed and desired economic policies depend on opening to the outside world and can succeed only if its nuclear weapons program is totally dismantled, which all parties to the six-party talks say is their goal. Last spring the nuclear program was the lead element in Pyongyang's "military-first" strategy, but now the program and the strategy are under pressure from economic priorities. The West's misperception of North Korea's economic state (stuck in the images of the mid-1990s famine) has skewed its ability to understand the complex motivations driving Pyongyang's leadership. Misinterpretations and language barriers may have also raised roadblocks to diplomacy. At the Foreign Ministry, we discussed the contentious issue of North Korea's supposed admission on Oct. 4, 2002, to having a clandestine highly enriched uranium (HEU) program in violation of the letter and spirit of the 1994 Agreed Framework. There is a disagreement about whether North Korea actually admitted to having such a program at a meeting with U.S. officials. The disagreement concerns a difference between what North Korea believes it said and what the United States believes it heard. The issue is important because when it was claimed that the North had admitted to having an HEU program, diplomacy died for a year and North Korea advanced at full speed toward a nuclear arsenal. Once who said what about the enriched-uranium program has been clarified, we will still have to deal with the facts. As one delegation member said to the Koreans: "The key issue is the U.S. has independent information that makes it believe the DPRK [North Korea] has an HEU program. In the U.S., there is the widespread view that the complete, verifiable resolution of this HEU issue is now mandatory. This is a practical issue, and there must be a multilateral discussion to resolve it." In response, the vice foreign minister said the North had chosen the plutonium path and had no facilities or scientists dedicated to an HEU program, adding that Pyongyang was open to technical talks on the issue -- a significant new development. Just before we arrived in North Korea, its government reissued a proposal for a freeze on the manufacturing, testing or transferring of its nuclear weapons, and the Foreign Ministry officials we met were pleased with Secretary of State Colin L. Powell's positive initial reaction. They said that in response to their proposal, they want the United States to take North Korea off the list of state sponsors of terrorism, to lift political, economic and military sanctions, and, with other neighboring states, to provide energy, including heavy fuel oil. Our delegation probed this proposal, which Pyongyang wants followed by security assurances from the United States. The freeze, the officials told us, would be an achievable first step on the way to the complete and verifiable dismantling of the North's nuclear program. We expressed our view that North Korea's freeze proposal was unbalanced -- or as Pyongyang itself was to put it: "their word for our actions." We suggested it would be far better to begin with their "word" that a freeze had begun in exchange for our "word" on a security guarantee. In any case, North Korea's diplomats stated that a compromise was quite possible. The main challenge now is to engage North Korea and deal with our mutual fears and threats. Neither war nor a nuclearized North Korea is an option. The diplomacy of nuclear disarmament in this age is starkly different from that of the Cold War. Mutual deterrence between vastly unequal states lacks stability and reasonable predictability. It does not exist. The opportunity for a diplomatic solution has grown in recent weeks. The North Korean Foreign Ministry said that if our visit helped "even a bit" to remove the ambiguities and misunderstandings of the crisis, it "would serve as a substantial foundation for a peaceful settlement." We fully recognize that this "bit" must be followed up with many more, but we believe such a settlement is no longer a vain hope. The writer, a professor emeritus of Chinese politics at Stanford University's Center for International Security and Cooperation, will discuss this article online today at 1:30 p.m. on washingtonpost.com. © 2004 The Washington Post Company ***************************************************************** 27 Daily Times: FO says Pakistan will remain nuclear Wednesday, January 28, 2004 * Spokesman says no pressure on Pakistan to debrief nuclear scientists Staff Report ISLAMABAD: Pakistan Foreign Office spokesman Masood Khan on Tuesday reaffirmed that Pakistan would remain a nuclear state and would continue enhancing its capability to maintain a competitive edge in this regard. Regarding the nuclear scientists and former administrators’ debriefings, he said Pakistan had to demonstrate to the international community that no pilferage or leakage would ever take place from Pakistan. He, however, regretted that the focus had been on Pakistan alone in the past. He said reports appearing in the media clearly indicated that companies and individuals from Europe, the Persian Gulf, North America and other parts of the world were involved. He said the focus on Pakistan was lopsided as there was an international black market and the world had a collective responsibility to eliminate it. He said debriefings were taking place as the International Atomic Energy Agency (IAEA) had sought Pakistan’s cooperation. He, however, pointed out that there was no intrusive involvement of the agency. He said the investigations were aimed at determining if these people, motivated by personal gain or ambition, transferred sensitive information or technology to other countries through the black market. Investigations were also aimed at looking into any possible financial dimension to the issue, he added. He said investigations were being held into matters that happened in the past. He said if something happened, it happened long ago. He said since 1998, Pakistan had a strong command and control system and stringent export control regime. “We have firm custodial controls for our strategic assets. An intelligence organisation is monitoring all activities while there are several rings of security to ward off any possibility of proliferation or leakage,” he added. He also said there was no pressure of any sort on Pakistan in debriefing Pakistan’s nuclear scientists. He said Iran had told the IAEA that it got the technology in 1987 from the black market in the Persian Gulf and Europe. He said President Pervez Musharraf had clearly said no government in the past had proliferated and no future government would do so. Regarding the allegations levelled by Senator Ishaq Dar against former chief of the army staff Gen (r) Aslam Beg of bringing an Iranian offer of $12 billion for nuclear technology transfer, he said there was no evidence to establish that any military or civilian institution was involved in the proliferation. Asked to comment on the massive arms purchases by India, he said there should be a restraint in defence purchases and spending and there should be a conventional balance between Pakistan and India. There must be a strategic restraint regime between the two countries, he added. Responding to another question, he said Pakistan’s doors were always open to Kashmiri leaders from across the Line of Control. Daily Times - All Rights Reserved ***************************************************************** 28 english.eastday: China applies to join Nuclear Suppliers Group China' permanent representative to the United Nations and other international organizations in Vienna, Zhang Yan, submitted the application to NSG rotating president Cho Chang-beom. Zhang also delivered a note to Director-General of International Atomic Energy Agency (IAEA) Mohamed M. ElBaradei, informing him of China's intention for NSG membership. In an interview with Xinhua, Zhang said China firmly opposes the proliferation of weapons of mass destruction and their carriers. As a signatory to the Nuclear Non-proliferation Treaty, China strictly abides by its international obligations and has never supported, encouraged nor helped any nation in developing nuclear weapons, the Chinese ambassador said. In recent years, Zhang said, China has promulgated and implemented a series of laws and regulations concerning the control of nuclear materials and instituted strict administration and control of nuclear exports. He said China has held talks and consultations with the NSG in recent years and adopted policies and mechanisms in nuclear export control similar to those of the group. Joining the NSG is a key step for China to play a more active role in nuclear non-proliferation, a step conducive to its efforts in seeking closer international cooperation in this regard, Zhang added. Established in 1975, the NSG is an unofficial organization of nuclear capable countries exercising control on nuclear exports. It has played an important role in nuclear non-proliferation and nuclear export control. Xinhua news . Copyright (C) 2000 www.eastday.com. All ***************************************************************** 29 Boston.com: In Moscow, Powell airs concerns, hails progress Putin says relations are 'strong and solid' By George Gedda, Associated Press, 1/27/2004 MOSCOW -- Visiting US Secretary of State Colin L. Powell raised objections to Russia's curbs on press freedom and the country's quest for military victory over Chechen rebels, but he and President Vladimir V. Putin agreed yesterday that US-Russian relations are on a sound footing. In the days leading up to his visit, Powell had refrained from criticizing Russia. But he took the unusual step of outlining, albeit gently and sometimes indirectly, his concerns in an opinion piece in Izvestia, perhaps the most respected daily newspaper in the country. The commentary competed for attention with Powell's two appearances in Moscow, with Putin before their Kremlin meeting and at a joint news conference later with Foreign Minister Igor Ivanov. Sitting across from Powell in an ornate, high-ceilinged meeting room, Putin said he thought the fundamental base of relations between the United States and Russia "is strong and solid despite all technical differences that we might have on some international issues." Putin offered congratulations to Powell on the US success in the recent Mars landing. He praised growing US-Russian trade and economic ties, and noted the nations' cooperation in combating terrorism. For his part, Powell hailed the "great progress made in our relations over the past three years," including reduction of the two countries' nuclear arsenals. Powell's tone in his appearances was somewhat different from his Page 1 commentary in Izvestia. In an apparent reference to executive branch domination in Russia, the article said "essential balance" is lacking among the various branches of the nation's government. "Political power is not fully tethered to law," Powell wrote. He added that such key aspects of civil society as "free media and political party development . . . have not yet sustained an independent presence." Powell thus publicly stated what other US officials have said privately, particularly in reference to the December parliamentary elections when, they allege, media coverage was slanted heavily in favor of Putin's United Russia Party. Some once-competitive political parties, they say, were left scrambling to survive in the aftermath. Although Powell did not offer details about his concerns over Chechnya, the Bush administration has long encouraged Moscow to seek a political solution to the conflict in the breakaway republic, which is mostly Muslim. The fighting has persisted intermittently for almost a decade. Powell said Washington recognizes Russia's territorial integrity but added that the "sovereign integrity" of Russia's neighbors and "their rights to peaceful and respectful relations across their border" are no less important. This was interpreted as an oblique reference to Russian policies toward former Soviet republics, especially neighboring Georgia, where Russia maintains military bases over the objections of the Georgian government. Moscow also has been supporting two separatist movements in Georgia. At his news conference with Powell, Ivanov said Russia welcomes negotiations with Georgia to try to resolve the dispute over Russian bases. Powell, meanwhile, said the United States does not intend to open military bases in Georgia and soon will withdraw as many as 100 military trainers from the country. Those assurances could make it easier politically for Putin to cut back on Russia's troops in the country. In response to a question, Powell said his Izvestia commentary "was not an attempt to interfere in the dynamics of Russian political life. It was one friend speaking to another." © Copyright 2004 Globe Newspaper Company. [ title=] PRINTER ***************************************************************** 30 Guardian Unlimited: The US is now in the hands of a group of extremists Fundamentalism has spawned an ideology of American supremacy George Soros Monday January 26, 2004 The invasion of Iraq was the first practical application of the pernicious Bush doctrine of pre-emptive military action, and it elicited an allergic reaction worldwide - not because anyone had a good word to say about Saddam Hussein, but because we insisted on invading Iraq unilaterally without any clear evidence that he had anything to do with September 11 or that he possessed weapons of mass destruction. The gap in perceptions between America and the rest of the world has never been wider. Abroad, America is seen as abusing the dominant position it occupies; opinion at home has been led to believe that Saddam posed a clear and present danger to national security. Only in the aftermath of the Iraqi invasion are people becoming aware they have been misled. Even today, many people believe that September 11 justifies behaviour that would be unacceptable in normal times. The ideologues of American supremacy and President Bush personally never cease to remind us that September 11 changed the world. It is only as the untoward consequences of the invasion of Iraq become apparent that people are beginning to realise something has gone woefully wrong. We have fallen into a trap. The suicide bombers' motivation seemed incomprehensible at the time of the attack; now a light begins to dawn: they wanted us to react the way we did. Perhaps they understood us better than we understand ourselves. And we have been deceived. When he stood for election in 2000, President Bush promised a humble foreign policy. I contend that the Bush administration has deliberately exploited September 11 to pursue policies that the American public would not have otherwise tolerated. The US can lose its dominance only as a result of its own mistakes. At present the country is in the process of committing such mistakes because it is in the hands of a group of extremists whose strong sense of mission is matched only by their false sense of certitude. This distorted view postulates that because we are stronger than others, we must know better and we must have right on our side. That is where religious fundamentalism comes together with market fundamentalism to form the ideology of American supremacy. We may have more difficulty in perceiving the absurdity of pursuing supremacy by military means, because we have learned to rely on military power and we particularly feel the need for it when our very existence is threatened. But the most powerful country on earth cannot afford to be consumed by fear. To make the war on terrorism the centrepiece of our national strategy is an abdication of our responsibility as the leading nation in the world. The US is the only country that can take the lead in addressing problems that require collective action: preserving peace and economic progress, protecting the environment and so on. Whatever the justification for removing Saddam, there can be no doubt that we invaded Iraq on false pretenses. Wittingly or unwittingly, President Bush deceived the American public and Congress and rode roughshod over our allies' opinions. The gap between the administration's expectations and the actual state of affairs could not be wider. We have put at risk not only our soldiers' lives but the combat readiness of our armed forces. We are overstretched and our ability to project our power has been compromised. Yet there are more places where we need to project our power than ever. North Korea is openly building nuclear weapons; Iran is doing so clandestinely. The Taliban is regrouping in the Pashtun areas of Afghanistan. The costs of occupation and the prospect of permanent war weigh on our economy, and we are failing to address festering problems both at home and globally. If we ever needed proof that the neo-cons' dream of American supremacy is misconceived, Iraq has provided it. It is hard to imagine how the plans of the defence department could have gone more awry. We find ourselves in a quagmire that is in some ways reminiscent of Vietnam. Having invaded Iraq, we cannot extricate ourselves. Domestic pressure to withdraw is likely to build, as in the Vietnam war, but withdrawing would inflict irreparable damage on our standing in the world. In this respect, Iraq is worse than Vietnam because of our dependence on Middle East oil. Nobody forced us into it; on the contrary, everyone warned us against it. Admittedly, Saddam was a heinous tyrant and it was a good thing to get rid of him. But at what cost? The occupying powers serve as a focal point for attracting terrorists and radicalising Islam. Our soldiers have to do police work in full combat gear. And the cost of occupation is estimated at a staggering $160bn for the the fiscal years 2003-2004 - $73bn for 2003 and $87bn in a supplemental request for 2004 submitted at the last minute in September 2003. Of the $87bn, only $20bn is for reconstruction, but the total cost of reconstruction is estimated at $60bn. For comparison, our foreign aid budget for 2002 was $10bn. There is no easy way out. The Bush administration is eager to get the United Nations more involved but is unwilling to make the necessary concessions. We have no alternative to sticking it out and paying the price for our mistake. Eventually a different president with a different attitude to international cooperation may be more successful in extricating us. The US is not the only country at the centre of the global capitalist system, but it is the most powerful and it is the main driving force behind globalisation. The European Union may equal the US in population and gross national product, but it is far less united and far less comfortable with globalisation. In military terms, the EU does not even qualify as a power, because members make their own decisions. Insofar as any nation is in charge of the world order, it is the US. That is not to suggest that other countries are exempt from having to concern themselves with the wellbeing of the world. Their attitudes are not without consequence, but it is the US that matters most. If Bush is rejected in 2004, his policies can be written off as an aberration and America resume its rightful place in the world. But if he is re-elected, the electorate will have endorsed his policies and we will have to live with the consequences. But it isn't enough to defeat Bush at the polls. The US must examine its global role and adopt a more constructive vision. We cannot merely pursue narrow, national self-interest. Our dominant position imposes a unique responsibility. © George Soros 2004 This is an edited extract from The Bubble of American Supremacy, by George Soros, published on Thursday by Weidenfeld & Nicolson at £12.99. To order a copy for £10.99 plus p&p, call the Guardian book service on 0870 066 7979 Guardian Newspapers Limited ***************************************************************** 31 asahi.com : EDITORIAL: 25 years after the shah [asahi.com] Iran seems to be sinking into a deepening crisis. A quarter century has passed since the shah of Iran was overthrown and replaced by an Islamic regime in a surge of religious fervor. In January 1979, resentment against Reza Shah Pahlavi's dictatorship and strong-arm pursuit of Westernization reached boiling point. It resulted in his exile and the triumphant return of Ayatollah Ruhollah Khomeini from 16-year exile to lead religious revolutionaries to overthrow all vestiges of the shah's government in February. The revolution transformed Iran into a theocratic Islamic republic ruled by Shiite Muslim tenets and ignited an international resurgence of Islam that shook the world. On the 25th anniversary of the revolution, Iran seems to have gone down a political blind alley. A deepening sense of gloom is evident. While international rescue efforts are continuing, following the disastrous earthquake in the southeastern town of Bam late last year, ominous political developments have taken place. The Guardian Council, bastion of hard-line conservatives, decided to bar hundreds of reformist candidates from running for parliamentary elections in February. Angered reformist forces denounced the decision and suggested boycotting the elections if the candidate bans are overturned. The power struggle between the two camps shows signs of escalating into a serous political crisis. The conservatives are intent on maintaining clerical rule and have torpedoed a number of bills for domestic reforms. These were passed by a parliament which is dominated by lawmakers supporting reformist President Mohammad Khatami. But hard-liners found them to be unconstitutional or incompatible with Islamic law. Iran generally is more democratic than most of its Arab neighbors, given its relatively smooth presidential and parliamentary elections. But the people's opinions and wishes manifested in elections are too often blocked by theocratic rule and not translated into actual policies. The current turmoil indicates the political dysfunction has reached a critical stage. Despite its huge oil production, Iran's economy remains in stagnation. With no new industries emerging, the jobless rate hovers above 20 percent. The country is eking out economic growth thanks to high oil prices. Besides stalled progress in the privatization of public enterprises amid the rivalry between the conservative and the reformist camps, the country's long-standing international isolation-caused by its policy of ``exporting'' Islamic revolution-has badly hampered the economy. Discontent is growing, not just with hard-line clerics but also with the reformist government and its political allies, which have failed to produce significant tangible results. The situation increasingly is becoming unacceptable to Iran's relatively youthful population. Nearly 70 percent of its citizens are under age 30 and better informed about life in the West than previous generations due to the spread of the Internet. President Khatami recently announced the Constitution will be revised when the time is ripe. Unless political leaders end their futile conflict and establish a system that can flexibly turn public opinions into policies, the situation could become very ugly and threaten the foundation of the current regime. Khatami's diplomatic efforts to promote ``dialogue among civilizations'' have improved Iran's relations with Gulf and European industrial countries. Ending Iran's international isolation requires real rapprochement with the United States, which severed its diplomatic relations with Tehran in 1980. Especially important is Tehran's convincing response to the international community's concern about its suspected nuclear arms program. That is also important for stability in the entire Middle East region, including Afghanistan and Iraq. The U.S. administration of President George W. Bush, for its part, should focus its policy with Iran more on supporting the nation's efforts toward reform instead of simply denouncing Tehran as one of the most world's dangerous regimes. Japan, for its part, boasts about having an independent diplomacy toward Iran based on its strong interest in securing stable energy supply. If so, Tokyo should make greater efforts to help break the current impasse in relations between the United States and Iran. --The Asahi Shimbun, Jan. 26(IHT/Asahi: January 27,2004) (01/27) ***************************************************************** 32 Las Vegas SUN: Pakistan and India to Start Peace Talks Today: January 27, 2004 at 3:10:08 PST By MATTHEW PENNINGTON ASSOCIATED PRESS ISLAMABAD, Pakistan (AP) - Senior officials of Pakistan and India will start peace talks in Islamabad Feb. 16-18 after a gap of more than two years, Pakistan's foreign ministry spokesman said Tuesday. Masood Khan said the top bureaucrats from the foreign ministries of both countries would meet in the Pakistani capital. "The foreign secretaries meeting on the 18th of the February will be preceded by meetings between the director generals (of each ministry)," he told a press conference. The leaders of Pakistan and India agreed at a regional summit in Islamabad earlier this month to hold the peace talks. Tuesday's announcement of the schedule for the talks was made simultaneously in Islamabad and New Delhi. An Indian official speaking on condition of anonymity said the meeting would work out procedures for tackling the two nations' 55-year dispute over Kashmir and other issues. Khan did not comment on the content of the talks, which are seen as a preliminary to higher-level discussions that eventually aim at resolving all issues dividing the South Asian nuclear-armed neighbors. The last peace talks between India's Prime Minister Atal Bihari Vajpayee and Gen. Pervez Musharraf in Agra, India, in July 2001, failed after both sides refused to show any flexibility over Kashmir, which is split between them but claimed by both in its entirety. Pakistan and India have fought three wars, two over the divided Himalayan region, since they achieved independence from Britain in 1947. They almost fought a fourth war in 2002, after an attack on India's Parliament that India blamed on Islamic militants and Pakistan's spy agency. Pakistan denied the charge. However, tensions eased during 2003 after Vajpayee expressed a willingness to seek peace, reciprocated by Musharraf. The top officials taking part will be Indian Foreign Secretary Shashank, who uses only one name, and Pakistani Foreign Secretary Riaz Khokhar. These officials are the highest-ranking below foreign ministers. -- ***************************************************************** 33 NRC: NRC to Hold Public Meeting on Environmental Review for Proposed Arkansas Nuclear One, Unit 2 License Renewal News Release - Region IV - 2004-00 U.S. NUCLEAR REGULATORY COMMISSION Office of Public Affairs, Region IV No. IV-04-005 January 26, 2004 CONTACT: Victor Dricks Phone: 817-860-8128 E-mail: opa4@nrc.gov The Nuclear Regulatory Commission staff invites the public to provide its comments on Tuesday, February 3, regarding an application submitted by Entergy Operations to renew the operating license for the Arkansas Nuclear One (ANO), Unit 2, nuclear power plant near Russellville, Arkansas. Comments are invited on environmental issues the public believes the NRC should consider in its review of the application. There will be two sessions held on February 3 at the Holiday Inn in Russellville. The first session is scheduled for 1:30 p.m. The second session is scheduled for 7:00 p.m. The NRC will host an open house beginning one hour before the start of each meeting to provide members of the public with an opportunity to talk informally with agency staff. Both sessions will begin with identical overviews. The NRC staff will provide a presentation on the license renewal and environmental review processes, the proposed scope of the environmental review for the ANO Unit 2 application and the proposed time frame for the review. Interested government agencies, organizations and individuals will then have an opportunity to offer comments or suggestions on environmental issues they believe should be reviewed or on the proposed scope of the review. Under NRC regulations, the original operating license for a nuclear power plant has a term of 40 years. The license may be renewed for up to an additional 20 years if NRC requirements are met. The current operating license for ANO Unit-2 is due to expire on July 17, 2018. The Commission unanimously approved license extension for ANO Unit-1 on June 20, 2001, following a review of staff recommendations. As part of its application, Entergy submitted an environmental report. That report is available for public review in the NRC Public Document Room at NRC headquarters, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. In addition, the Pendergraft Library, located at Arkansas Tech University, 305 West Q Street, Russellville, AR 72801 has agreed to make the report available for public inspection. The application is also available on the NRC Web page at: http://www.nrc.gov/reactors/operating/licensing/renewal/applicati ons/ano-2.html. An existing NRC document, "Generic Environmental Impact Statement for License Renewal of Nuclear Plants," (NUREG-1437), assesses the scope and impact of environmental effects that would be associated with license renewal at any nuclear power plant site. The NRC staff is gathering information at the meeting for a supplement to the generic environmental impact statement that will be specific to ANO Unit-2. It will contain a recommendation regarding the environmental acceptability of the license renewal action. At the conclusion of the information-gathering process, the NRC staff will prepare a summary of conclusions and significant issues and will send a copy to interested persons who participated in the scoping process. The summary will also be available for public review at the Pendergraft Library, located at Arkansas Tech University, 305 West Q Street, Russellville, AR 72801 and will be accessible electronically through the NRC Public Electronic Reading Room found at www.nrc.gov/reading-rm/adams.html. Assistance in using the electronic reading room is available by calling the NRC Public Document Room at 1-800-397-4209, or 301-415-4737. The NRC staff will then prepare a draft environmental impact statement (EIS) supplement for public comment and will hold a public meeting to solicit comments. After consideration of comments received on the draft, the NRC will prepare a final EIS supplement. Members of the public may also submit written comments on the ANO Unit-2-specific supplement to the generic environmental impact statement. Comments should be submitted by February 20, either by mail to the Chief, Rules and Directives Branch, Division of Administrative Services, Mail Stop T-6-D-59, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or by e-mail to: ANOEIS@nrc.gov. Last revised Tuesday, January 27, 2004 ***************************************************************** 34 NRC: NRC Modifies Financial Information Requirements for Power Reactor Licenses News Release - 2004-01 U.S. NUCLEAR REGULATORY COMMISSION Office of Public Affairs Telephone: 301/415-8200 Washington, DC 20555-0001 E-mail: opa@nrc.gov No. 04-013 January 27, 2004 regulations to remove the requirement that power reactor licensees that are not electric utilities submit financial information in their license renewal applications. Within the meaning of NRC regulations, an electric utility refers to any entity that generates or distributes electricity and recovers the cost of this electricity through rates established by a separate regulatory authority, or by the entity itself as in the case of a public utility district. The NRC is also adding a requirement that a licensee changing from an electric utility to a non-electric utility status without a license transfer notify the NRC and submit the financial information that is required for obtaining an initial operating license. A non-electric utility refers to a company that sells electricity at spot market prices and therefore does not recover its costs through the rate-making process. The NRC believes that its financial reviews during initial licensing, license transfers or the transition from electric utility to non-electric utility status, in addition to monitoring of financial health between these reviews, provide a sufficiently comprehensive framework to assess financial qualifications. The agency does not believe that the license renewal process is sufficiently unique to warrant a separate financial review. On June 4, 2002, the NRC published a proposed rule on changes to the requirement for non-utilities to submit financial information. It received comments from nine different organizations, including a state group, three non-profit firms and five companies in the nuclear power industry. Although all comments were considered, no changes were made to the final rule, which will become effective 30 days after publication in a Federal Register notice, expected soon. Last revised Tuesday, January 27, 2004 ***************************************************************** 35 NRC: Sunshine Notice FR Doc 04-1779 [Federal Register: January 27, 2004 (Volume 69, Number 17)] [Notices] [Page 3957] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr27ja04-135] AGENCY HOLDING THE MEETING: Nuclear Regulatory Commission. DATES: Weeks of January 26, February 2, 9, 16, 23, March 1, 2004. Place: Commissioners' Conference Room, 11555 Rockville Pike, Rockville, Maryland. Status: Public and Closed. Matters to be Considered Week of January 26, 2004 There are no meetings scheduled for the Week of January 26, 2004. Week of February 2, 2004--Tentative There are no meetings scheduled for the Week of February 2, 2004. Week of February 9, 2004--Tentative There are no meetings scheduled for the Week of February 9, 2004. Week of February 16, 2004--Tentative Wednesday, February 18, 2004 9:30 a.m. Briefing on Status of Office of Chief Financial Officer Programs, Performance, and Plans (Public Meeting) (Contact: Edward L. New, 301-415-5646). This meeting will be webcast live at the Web address--http://www.nrc.gov Week of February 23, 2004--Tentative Wednesday, February 25, 2004 9:30 a.m. Discussion of Security Issues (Closed--Ex. 1). Thursday, February 26, 2004 9:30 a.m. Meeting with UK Regulators to Discuss Security Issues (Closed--Ex. 1) Week of March 1, 2004--Tentative Tuesday, March 2, 2004 9:30 a.m. Meeting with Advisory Committee on the Medical Uses of Isotopes (ACMU) & NRC Staff (Public Meeting) (Contact: Angela Williamson, 301-415-5030). This meeting will be webcast live at the Web address--http://www.nrc.govWednesday , March 3, 2004 9:30 a.m. 25th Anniversary Three Mile Island (TMI) Unit 2 Accident Presentation (Public Meeting) (Contact: Sam Walker, 301-415-1965). This meeting will be webcast live at the Web address--http://www.nrc.gov 2:45 p.m. Discussion of Security Issues (Closed--Ex. 1). Thursday, March 4, 2004 1:30 p.m. Briefing on Status of Office of Nuclear Material Safety and Safeguards (NMSS) Programs, Performance, and Plans--Waste Safety (Public Meeting). This meeting will be webcast live at the Web address--http://www.nrc.gov *The schedule for Commission meetings is subject to change on short notice. To verify the status of meetings call (recording)--(301) 415- 1292. Contact person for more information: Timothy J. Frye, (301) 415- 1651. The NRC Commission Meeting Schedule can be found on the Internet at: http://www.nrc.gov/what-we-do/policy-making/schedule.html This notice is distributed by mail to several hundred subscribers; if you no longer wish to receive it, or would like to be added to the distribution, please contact the Office of the Secretary Washington, DC 20555 (301) 415-1969. In addition, distribution of this meeting notice over the Internet system is available. If you are interested in receiving this Commission meeting schedule electronically, please send an electronic message to dkw@nrc.gov. Dated: January 22, 2004. Timothy J. Frye, Technical Coordinator, Office of the Secretary. [FR Doc. 04-1779 Filed 1-13-04; 11:15 am] BILLING CODE 7590-01-M ***************************************************************** 36 JS Online: Point Beach official replaced Nuclear power plant under increased scrutiny By THOMAS CONTENT tcontent@journalsentinel.com Posted: Jan. 27, 2004 The vice president at the Point Beach Nuclear Power Plant has been replaced, as the company that runs the plant said it seeks an "outside perspective" to improve the plant's performance. The change, effective late last week, comes just months after the plant received the second of two "red" findings from the U.S. Nuclear Regulatory Commission, and a month after the plant's owner, Wisconsin Energy Corp. announced plans to extend the life of the plant by 20 years. The change was announced by Nuclear Management Co., the Hudson-based nuclear operating company responsible for the daily management of Point Beach and five other nuclear power plants in the Upper Midwest. It's also the latest in a series of changes in management at the plant in recent years. "We believe an outside perspective is needed to ensure the rate of improvement continues in all aspects of operation at Point Beach," said Doug Cooper, senior vice president of group operations at Nuclear Management Co. Fred Cayia, who had worked as site vice president of Point Beach since last year and had been plant manager since September 2000, has been replaced by Gary Van Middlesworth. Cayia remains with Nuclear Management Co., spokeswoman Maureen Brown said. Van Middlesworth, who spent much of his career with the Duane Arnold Energy Center in Iowa, will serve as interim site vice president while the company searches for a replacement, Nuclear Management Co. said. The change comes as the plant is under increased scrutiny from the Nuclear Regulatory Commission, and the NRC and state regulators prepare to evaluate the pending application to extend the plant's life by 20 years. Point Beach's two reactors are licensed to keep running until 2010 and 2013, respectively. Charlie Higley, executive director of the utility watchdog group Citizens' Utility Board, said he's not sure what to make of all the management changes at Point Beach. On the one hand, the company could be sending a message by responding to the red findings the NRC issued with respect to the plant's backup feed-water system in recent years. Under the color-coded inspection rating system, red is reserved for findings of the highest safety significance. On the other hand, "continuity in management is pretty important at nuclear power plants," Higley said. Separately, the Kewaunee Nuclear Power Plant has replaced an emergency cooling system that became clogged with lake weeds and silt this month, Brown said. The Kewaunee plant was shut down Jan. 16 because of the problem and remained shut down Monday, Brown said. From the Jan. 27, 2004 editions of the Milwaukee Journal Sentinel Copyright 2004, Journal Sentinel Inc. All rights ***************************************************************** 37 NRC: Notice of Finding of No Significant Impact and Availability of FR Doc E4-115 [Federal Register: January 27, 2004 (Volume 69, Number 17)] [Notices] [Page 3955] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr27ja04-132] Environmental Assessment for Amendment of License No. 08-00408-06, Department of Justice--Federal Bureau of Investigation, Washington, DC AGENCY: Nuclear Regulatory Commission. ACTION: Notice of availability of environmental assessment and finding of no significant impact. FOR FURTHER INFORMATION CONTACT: Kathy Dolce Modes, Nuclear Materials Safety Branch 2, Division of Nuclear Materials Safety, Region I, 475 Allendale Road, King of Prussia, Pennsylvania 19406, telephone (610) 337-5251, fax (610) 337-5269; or by e-mail: kad@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission (NRC) is considering the issuance of a license amendment to the Department of Justice--Federal Bureau of Investigation for Materials License No. 08-00480-06, to authorize release of its facility in Washington, DC for unrestricted use and has prepared an Environmental Assessment (EA) in support of this action in accordance with the requirements of 10 CFR part 51. Based on the EA, the NRC has concluded that a Finding of No Significant Impact (FONSI) is appropriate. II. EA Summary The purpose of the proposed action is to allow for the release of the licensee's Washington, DC facility for unrestricted use. The Department of Justice--Federal Bureau of Investigation was authorized by NRC from March 25, 1965, to use radioactive materials for research and development purposes at the site. On September 8, 2003, the Department of Justice--Federal Bureau of Investigation requested that NRC release the facility for unrestricted use. The Department of Justice--Federal Bureau of Investigation has conducted surveys of the facility and determined that the facility meets the license termination criteria in subpart E of 10 CFR part 20. III. Finding of No Significant Impact The NRC staff has evaluated the Department of Justice--Federal Bureau of Investigation's request and the results of the surveys and has concluded that the completed action complies with the criteria in subpart E of 10 CFR part 20. The staff has prepared the EA (summarized above) in support of the proposed license amendment to terminate the license and release the facility for unrestricted use. The staff has found that the environmental impacts from the proposed action are bounded by the impacts evaluated by the ``Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Facilities'' (NUREG-1496). On the basis of the EA, the NRC has concluded that the environmental impacts from the proposed action are expected to be insignificant and has determined not to prepare an environmental impact statement for the proposed action. IV. Further Information The EA and the documents related to this proposed action, including the application for the license amendment and supporting documentation, are available for inspection at NRC's Public Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html (ADAMS Accession Nos. ML032540763, ML033000506 and ML040150585). These documents are also available for inspection and copying for a fee at the Region I Office, 475 Allendale Road, King of Prussia, Pennsylvania, 19406. Persons who do not have access to ADAMS, should contact the NRC PDR Reference staff by telephone at 1-800-397-4209 or (301) 415-4737, or by e-mail to pdr@nrc.gov. Dated in King of Prussia, Pennsylvania this 20th day of January, 2004. For the Nuclear Regulatory Commission. John D. Kinneman, Chief, Nuclear Materials Safety Branch 2, Division of Nuclear Materials Safety, Region I. [FR Doc. E4-115 Filed 01-26-04; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 38 NRC: Notice of Finding of No Significant Impact and Availability of FR Doc E4-116 [Federal Register: January 27, 2004 (Volume 69, Number 17)] [Notices] [Page 3955-3956] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr27ja04-133] Environmental Assessment for Amendment of Materials License No. 37- 30433-01, OSI Pharmaceuticals, Inc. AGENCY: Nuclear Regulatory Commission. ACTION: Notice of availability of environmental assessment and finding of no significant impact. [[Page 3956]] FOR FURTHER INFORMATION CONTACT: Betsy Ullrich, Nuclear Materials Safety Branch 2, Division of Nuclear Materials Safety, Region I, 475 Allendale Road, King of Prussia, Pennsylvania 19406, telephone (610) 337-5040, fax (610) 337-5269; or by e-mail: exu@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission (NRC) is considering the issuance of a license amendment to OSI Pharmaceuticals, Inc. for Materials License No. 37-30433-01, to authorize release of its facility in Horsham, Pennsylvania for unrestricted use and has prepared an Environmental Assessment (EA) in support of this action in accordance with the requirements of 10 CFR part 51. Based on the EA, the NRC has concluded that a Finding of No Significant Impact (FONSI) is appropriate. II. EA Summary The purpose of the proposed action is to allow for the release of the licensee's Horsham, Pennsylvania facility for unrestricted use. OSI Pharmaceuticals, Inc. was authorized by NRC from March 9, 1998, to use radioactive materials for research and development purposes at the site. On July 10, 2003, OSI Pharmaceuticals, Inc. requested that NRC release the facility for unrestricted use. OSI Pharmaceuticals, Inc. has conducted surveys of the facility and determined that the facility meets the license termination criteria in subpart E of 10 CFR part 20. III. Finding of No Significant Impact The NRC staff has evaluated OSI Pharmaceuticals, Inc.'s request and the results of the surveys and has concluded that the completed action complies with the criteria in subpart E of 10 CFR part 20. The staff has prepared the EA (summarized above) in support of the proposed license amendment to terminate the license and release the facility for unrestricted use. The staff has found that the environmental impacts from the proposed action are bounded by the impacts evaluated by the ``Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Facilities'' (NUREG-1496). On the basis of the EA, the NRC has concluded that the environmental impacts from the proposed action are expected to be insignificant and has determined not to prepare an environmental impact statement for the proposed action. IV. Further Information The EA and the documents related to this proposed action, including the application for the license amendment and supporting documentation, are available for inspection at NRC's Public Electronic Reading Room at http://www.nrc.gov/reading-rm.html (ADAMS Accession Nos. ML031970551, ML032340661 and ML040150859). These documents are also available for inspection and copying for a fee at the Region I Office, 475 Allendale Road, King of Prussia, Pennsylvania, 19406. Persons who do not have access to ADAMS, should contact the NRC PDR Reference staff by telephone at 1-800-397-4209 or (301) 415-4737, or by e-mail to exu@nrc.gov. Dated in King of Prussia, Pennsylvania this 15th day of January, 2004. For the Nuclear Regulatory Commission. John D. Kinneman, Chief, Nuclear Materials Safety Branch 2, Division of Nuclear Materials Safety, Region I. [FR Doc. E4-116 Filed 01-26-04;8:45 am] BILLING CODE 7590-01-P ***************************************************************** 39 NRC: Notice of Availability of Environmental Assessment and Finding FR Doc E4-117 [Federal Register: January 27, 2004 (Volume 69, Number 17)] [Notices] [Page 3956-3957] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr27ja04-134] of No Significant Impact for License Application for Usec Inc., Bethesda, MD AGENCY: Nuclear Regulatory Commission. ACTION: Notice of availability of Environmental Assessment and Finding of No Significant Impact for license application. FOR FURTHER INFORMATION CONTACT: Yawar Faraz, Project Manager, Special Projects and Inspection Branch, Division of Fuel Cycle Safety and Safeguards, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC, 20555-0001. Telephone: (301) 415-8113; fax number: (301) 415-5390; e-mail: yhf@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission (NRC) is prepared to issue Material License No. 70-7003 to United States Enrichment Corporation Inc. (USEC) (the applicant), to authorize possession and use of source and special nuclear material at the American Centrifuge Lead Cascade Facility (Lead Cascade) in Piketon, Ohio. NRC has prepared an Environmental Assessment (EA) in support of these actions in accordance with the requirements of 10 CFR part 51. Based on the EA, the NRC has concluded that a Finding of No Significant Impact (FONSI) is appropriate. The license will be issued following the publication of this notice. II. EA Summary The purpose of the proposed action is to authorize possession and use of source and special nuclear material at the applicant's Lead Cascade facility in Piketon, Ohio. The Lead Cascade facility would have up to 240 operable centrifuges for testing in order to provide reliability information on the machines and auxiliary systems for a commercial uranium enrichment facility. The Lead Cascade facility would recycle tails and product with no product withdrawals except for sampling. The applicant proposes to install the Lead Cascade facility in leased portions of the existing Department of Energy (DOE) Gas Centrifuge Enrichment Plant (GCEP) located at the Portsmouth Gaseous Diffusion Plant site in Piketon, Ohio. In the mid-1980's, DOE had produced enriched uranium using hundreds of centrifuges in it's GCEP facility. On February 12, 2003, USEC Inc. requested that NRC approve the proposed application. USEC Inc.'s request for the proposed action was previously noticed in the Federal Register on April 9, 2003 (68 FR 17414), along with a notice of an opportunity to request a hearing. No requests for a hearing were submitted to the NRC. The NRC has prepared an EA in support of the proposed license application. The NRC concludes that the proposed action complies with the applicable parts of title 10, Code of Federal Regulations (10 CFR) for adequate protection of the public health and safety, and protection of the environment. For example, NRC staff finds that public exposure to radiation from the proposed action will be less than 0.0001% of the limits in 10 CFR part 20. On the basis of the assessment, the NRC staff concludes that environmental impacts associated with the proposed action would not be significant and do not warrant the preparation of an Environmental Impact Statement (EIS). Accordingly, it has been determined that a Finding of No Significant Impact is appropriate. III. Finding of No Significant Impact On the basis of the EA, NRC has concluded that there are no significant environmental impacts from the [[Page 3957]] proposed action and has determined not to prepare an EIS for the proposed action. IV. Further Information The EA and the documents related to this proposed action, including the application for the license amendment and supporting documentation, are available for inspection at NRC's Public Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html (ADAMS Accession No. ML040210751). These documents may also be examined, and/or copied for a fee, at the NRC Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. Dated in Rockville, Maryland this 21st day of January, 2004. For the Nuclear Regulatory Commission. Joseph G. Giitter, Chief, Special Projects and Inspection Branch, Division of Fuel Cycle Safety and Safeguards, Office of Nuclear Material Safety and Safeguards. [FR Doc. E4-117 Filed 01-26-04;8:45 am] BILLING CODE 7590-01-P ***************************************************************** 40 York Daily Record NRC: Emergency office planned - [ydr.com] Emergency office planned Tuesday, January 27, 2004 The U.S. Nuclear Regulatory Commission will establish an Emergency Preparedness Project Office to enhance the effectiveness of emergency preparedness activities for commercial nuclear reactors. The new office will develop emergency preparedness policies, regulations, programs and guidelines for licensed nuclear reactors and potential new nuclear reactors. Nader L. Mamish will direct the new organization — a division of the commission’s Office of Nuclear Reactor Regulation Mamish is the executive assistant to the NRC’s Deputy Executive Director for Homeland Protection and Preparedness. NRC (2004-01-27) REVENUE OFFICE (2004-01-27) Copyright © York Daily Record 2004 122 S. George St., P.O. Box 15122 York, PA 17405, (717) 771-2000 ***************************************************************** 41 SOFIA: Business in Bulgaria Votes "Yes" to Future EU Entry novinite.com Business: 27 January 2004, Tuesday. A total of 95% of Bulgaria's businessmen back the country's future entry in the European Union (EU), a survey of the Alfa Research agency showed. Only 4% of the business representatives that took part in the survey opposed the EU entry, while just 1% of the participants gave no answer. Representatives of 516 Bulgarian companies took part in the survey Bulgaria's Foreign Ministry spokesman Lyubomir Todorov explained when presenting the Eurobulletin Tuesday. He explained that the business representatives answered questions concerning the results of the country's EU entry and whether the euro will be imposed as official currency once Bulgaria joins the union. The Eurobulletin a part of the Communication strategy for the Bulgaria's EU entry preparation. It aims at presenting to the citizens Bulgaria's progress en route to the union, Todorov explained. The bulletin has been published two times so far and has focused on the reforms in the Constitution concerning the judicial power and on the country's only nuclear plant in Kozloduy. All Rights Reserved © Novinite Ltd., 2001-2004 - Copyright ***************************************************************** 42 [du-list] Gulf Veteran: Terry Walkers New Book now out!! Date: Tue, 27 Jan 2004 19:04:22 -0800 'The Mother of all Battles' ISBN: 1-904166105 By Terry Walker The first book on Gulf War Syndrome from the UK. You can buy it from http://www.design-publications.co.uk/ at £9.99 plus £2.50pp Write- up Mother of All Battles" by Terry Walker It was the worst and most environmentally toxic war of the 20th century. Following the invasion of Kuwait in 1990, Saddam Hussein promised the “Mother of all Battles”; few in the West believed him. Yet, for ordinary Iraqis the conflict was catastrophic. As Iraq was repeatedly subjected to heavy bombardment from the air, coalition ground forces faced a significantly diminished Iraqi army and Republican Guard. Some offered minor or token resistance, but most surrendered with dignity. It took the allied forces less than two months to eject the Iraqi military from Kuwait but for many British veterans the consequences of the Gulf War lasted much longer. Considerable numbers of formerly healthy men and women have fallen ill since this period yet the government officially denied any link between vaccines to protect against Saddam's weapons of mass destruction and the subsequent catalogue of illnesses and disabilities. But the numbers of former soldiers afflicted with illnesses continued to rise and the machinery of a government cover-up was set in motion. Terry Walker was one of these victims and this is his story. ________________________________________________________________________ BT Yahoo! Broadband - Free modem offer, sign up online today and save £80 http://btyahoo.yahoo.co.uk 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 Sponsor ---------------------~--> Buy Ink Cartridges or Refill Kits for your HP, Epson, Canon or Lexmark Printer at MyInks.com. Free s/h on orders $50 or more to the US & Canada. http://www.c1tracking.com/l.asp?cid=5511 http://us.click.yahoo.com/mOAaAA/3exGAA/qnsNAA/FGYolB/TM ---------------------------------------------------------------------~-> 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/ ***************************************************************** 43 [du-list] UK Parliamentry questions on DU Date: Tue, 27 Jan 2004 19:04:20 -0800 Mr. Hancock: To ask the Secretary of State for Defence what his strategy is for ensuring that children in Iraq do not come into contact with depleted uranium. [148055] Mr. Ingram: British forces are taking the following actions to minimise the risk posed to civilians by Depleted Uranium (DU): 1. DU fragments on the surface are being removed from the battlefield as they are discovered. 2. Local people have been warned through signs and leaflets that they should not go near, or touch, any debris they find on the battlefield. Military vehicles known to have been hit by DU munitions within the southern sector of Iraq under British military control have been clearly marked. Mr. Hancock: To ask the Secretary of State for Defence how many people are employed in the Iraq Survey Group. [148064] Mr. Hoon: On 16 January 2004, there were 1,272 people employed in the Iraq Survey Group. Jeremy Corbyn: To ask the Secretary of State for International Development what studies have been made of cancer rates in Iraq (a) from 1991 to 2002 and (b) since the end of hostilities on 1 May 2003. [148270] Hilary Benn: DFID is not aware of any studies of cancer rates carried out by the Iraqi Ministry of Health, Coalition Provisional Authority or other bodies. The ability accurately to measure localised increases in cancer rates-especially if there is cancer due to radiation, which can take years to develop-requires a well-developed national disease surveillance system, which Iraq does not currently have. The World Health Organisation plans to carry out a study to investigate the effects of the use of depleted uranium in ordnance used by military forces, which some individuals have claimed has caused an increase in cancer rates in Iraq, using that country as a key focus. This study will be subject to funding and to an improvement in the security situation. ****************************************************************************** *************** 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 £8 a year unwaged/student and £10 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 £ 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/ ***************************************************************** 44 [du-list] [Fwd: ARDEN HILLS: City seeks assurances that Date: Tue, 27 Jan 2004 19:04:27 -0800 ---------------------------- Original Message ---------------------------- Subject: ARDEN HILLS: City seeks assurances that uranium will be cleaned up From: "Nukewatch" Date: Tue, January 27, 2004 5:51 pm To: "MICHELE NAAR OBED" "Bobby King" "Jeff Peterson" "MICHAEL SPRONG" -------------------------------------------------------------------------- Wed, Jan. 21, 2004 ARDEN HILLS: City seeks assurances that uranium will be cleaned up BY ALLEN POWELL II St. Paul Minnesota) Pioneer Press The city of Arden Hills plans to request a report from the Nuclear Regulatory Commission later this week that outlines exactly what steps have been taken to clean up radioactive waste at the Twin Cities Army Ammunition Plant. As plans for redevelopment of the 2,370-acre site progress, city officials want to know how the U.S. Army and Alliant Techsystems - the company that produced weapons on the site - disposed of waste products from depleted uranium rods used for decades, said Aaron Parrish, Arden Hills community development director. The city wants to make sure residents are not in danger of being exposed to radioactive materials. "At this point, we're proceeding on the assumption that (the cleanup) was done correctly," Parrish said. "This is more of a documentation and disclosure process." The city wants the federal commission to provide information on the extent and nature of the contamination, what has been done to clean it up and a final statement that the cleanup is complete, Parrish said. The Nuclear Regulatory Commission licenses companies that use radioactive materials and monitors the cleanup of sites where those materials are used, he said. Decontamination of the site - where uranium rods were used to make projectile ammunition - began in 2001 and should be completed by spring, said Mike Fix, the plant installation director. All residual traces of radiation must be removed before the site can be turned over to the city, he said. One wing of the building where the uranium rods were housed has been torn down, and all of the building materials and equipment have been scanned to determine levels of radionuclides, Fix said. Material at or below the accepted levels of contamination was disposed of like normal construction debris, he said. The remaining materials have been placed in several large "super sacks" on the property for transportation to a low-level radioactive landfill when the weather warms up, he said. The sacks' winter site will be checked to ensure that no radionuclides seeped into the ground, Fix said. Federal officials said they were unsure how long it would take to respond to the city's request but that the city could get the information it sought from Alliant. Nukewatch P.O. Box 649 Luck, Wisc. 54853 Phone: 715-472-4185 Fax: 715-472-4184 www.nukewatch.com 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/ Attachment Converted: "c:\program files\eudora\attach\untitled-2.htm" ***************************************************************** 45 STLtoday: Bill seeks payments for nuclear workers By Bill Smith Of the Post-Dispatch 01/26/2004 St. Louis area workers who took part in America's nuclear weapons program and are now sick with cancer may be another step closer to receiving compensation from the U.S. government, Sen. Christopher "Kit" Bond announced Monday. "This is absolutely tremendous; it looks very promising," said Denise Brock of Moscow Mills, who has led the compensation fight. At a news conference in St. Charles, Bond said he had filed legislation that would speed $150,000 payments to Cold War-era Mallinckrodt Co. employees who have cancer or their families. "These are the hard-working employees who worked on the Manhattan Project during World War II and helped America win the Cold War," Bond said. Standing with about 70 former Mallinckrodt workers or relatives of former workers, Bond said, "It is time for the federal government to help them." Brock's father worked in Mallinckrodt's uranium division and died of cancer at the age of 52. She said the legislation seemed the best hope for some justice for the workers and their families. Two weeks ago, Bond's office sent a letter to Health and Human Services Secretary Tommy Thompson, asking that workers at Mallinckrodt Co., Weldon Spring, Hematite and related sites automatically receive a $150,000 worker's compensation payment if they suffer from any of 22 cancers caused by radiation. Currently, St. Louis area workers are not covered for the immediate payment under a national compensation program that took effect in 2000. Instead, the St. Louis workers have had to go through an often cumbersome application process that includes "dose reconstruction," in which scientists attempt to gauge the level of radiation exposure to a specific worker and try to determine whether it caused his cancer. As of two months ago, just 259 of an estimated 2,500 area workers had applied for the lump sum payment. Just one claim had been paid in this area, federal records showed. If passed, the legislation would include the St. Louis area as part of a "special exposure cohort" and allow quicker payment to the workers by bypassing the lengthy "dose reconstruction" process. If the worker is no longer living, the lump sum payment could go to a family member. Rob Ostrander, a spokesman for Bond, said Monday that Bond's office had heard nothing from Thompson, who has the authority to designate St. Louis in the "special exposure" group without going through Congress. Brock asks people who believe they may be eligible for compensation to call 1-866-534-0599, toll free. St. Louis Post-Dispatch. ***************************************************************** 46 Cibola County Beacon: Filibuster stalls radiation exposure compensation act Tuesday, January 27, 2004 U.S. Senator Pete Domenici today expressed dismay at the Senate's failure to overcome a filibuster that would allow Congress complete the FY2004 appropriations process with increases for veterans and students, as well as at least $87.3 million in specific project funding forNew Mexicocommunities and programs. The Senate today failed to reach a 60-vote litmus test to end a filibuster against the FY2004 Omnibus Appropriations Bill. The package, which includes seven unfinished spending bills, remains stuck in limbo as the Senate voted 48-45 not to proceed to a final vote on the package. Domenici, a senior member of the Senate Appropriations Committee, said he is uncertain how, or if, the filibuster will be overcome. Agencies and federal departments covered in the bill are forced to operate at lower 2003 funding levels. "All the special projects in this bill forNew Mexicojust won't happen if we don't get past this filibuster. I don't see how that will happen at this point, unless more Senators are convinced to stop playing politics and allow this bill to become law," Domenici said. "There are no good reasons for us not to get our work done. The country needs this bill. Veterans need this bill. Public health needs this bill. Children and teachers need this bill. We are failing them and the nation with this filibuster." Domenici said the filibuster means that at least $8 million for northwestNew Mexicowill remain unavailable at the local level. This funding does not include resources these communities might have received through programs that are national in scope. The omnibus package includes seven appropriations bills for FY2004, which began last Oct. 1. The bill, passed in December by the House, includes the funding for the Radiation Exposure Compensation Program -- $3 million in Justice Department funds for administrative expenses to process RECA claims; plus funding for the Radiation Exposure Compensation Act -- $2 million in Labor Department funding to assist in education, prevention and detection of illnesses associated with uranium mining and milling at nuclear test sites. Copyright © 2004Cibola County Beacon. ***************************************************************** 47 Las Vegas SUN: Minnesota delegation hears Nevada opposition to nuke dump plan ASSOCIATED PRESS LAS VEGAS (AP) - A delegation of Minnesota lawmakers got an anti-nuclear earful from Nevada Gov. Kenny Guinn and state and county officials before a scheduled Tuesday tour of the site the federal government has picked for a national radioactive waste dump. The reaction was mixed among the four out-of-state lawmakers to Monday's meeting with Nevada officials and members of Citizen Alert, an environmental group opposed to the Yucca Mountain project. Minnesota state Rep. Frank Hornstein, a Democrat from Minneapolis, said he thought Nevada's speakers made a compelling case. But Republican Minnesota state Rep. Michael Beard said what he heard was, "'Not in my back yard.'" "Their transportation discussion was overblown," said Beard, who represents the Minneapolis suburb of Shakopee. "They're so against this happening, they're grasping at weak arguments." Guinn said he hoped Minnesota would be the first state to join Nevada's opposition to the federal government's plan to entomb 77,000 tons of spent nuclear fuel and radioactive waste at Yucca Mountain, a desert ridge 90 miles northwest of Las Vegas. The governor and officials stressed fears about accidents and terrorist attacks on the nation's most highly radioactive waste if it is shipped to Nevada from 103 commercial reactors and various industrial and military sites in 39 states. Fred Dilger, Clark County's transportation coordinator, said the Energy Department's transcontinental transportation plan lacked specifics. The Energy Department last month proposed building a new a 319-mile rail line across Nevada to reach Yucca Mountain by skirting the vast Nevada Test Site and Nellis Air Force Base bombing range. Minnesota has two nuclear power plants, and Republican state Sen. Pat Pariseau of Farmington said she didn't see the argument about the safety of keeping waste at reactor sites as better than the argument about terrorist threats to nuclear waste transportation. Information from: Las Vegas Review-Journal -- ***************************************************************** 48 WIEB: HL Waste meeting 1-29-04 high level waste agenda Agenda Meeting of the High-Level Waste Committee of the Western Interstate Energy Board The Westin Horton Plaza Hotel 3rd Floor Harbor Room San Diego, California January 29-30, 2004 casual attire (no ties) Thursday, January 29 7:30 a.m. Continental breakfast 8:30 a.m. States only meeting WIEB-OCRWM cooperative agreement >>Doug Larson (WIEB) Selection of Committee co-chairs Report on meeting with DOE Under Secretary Card and OCRWM Director Chu >>Ken Niles (OR) Follow-up letter to Card from four regional groups(priority 1) Western governors' policies 03-16 Private Storage of Commercial Spent Nuclear Fuel (priority 1)
02-05 Transportation of Spent Nuclear Fuel and High-Level Radioactive Waste (priority 1) 01-03 Assessing the Risks of Terrorism and Sabotage Against High-Level Nuclear Waste Shipments to a Geologic Repository or Interim Storage Facility (priority 1) Framework for HLW Committee's work Proposed baseline plan (priority 1) (print .xls file) Draft "What if" scenarios(priority 1) Route Selection Paper and Draft Recommendation - (3/88) (priority 2) Discussion Identification of current issues of potential interest to the committee (e.g. OCRWM Strategic Plan, TEC rail routing selection paper, any DOE rail record of decision (ROD), NRC package review) Background Information Recent positions of other regional cooperative agreement groups Midwest Council of State Governments Letter to OCRWM Full-Scale Cask Testing Comprehensive Transportation Plan for Yucca Mountain 5:00 p.m. Recess Friday, January 30 8:00 a.m. Continental breakfast 8:30 a.m. Committee Meeting Status of repository and Nevada transportation system Jozette Booth, OCRWM Nevada 9:30 a.m. NWPA Transportation Program Gary Lanthrum, OCRWM Discussion of HLW Committee priorities OCRWM Transportation Program Strategic Planfor the Safe Transportation of Spent Nuclear Fuel and High-Level Radioactive Waste to Yucca Mountain: A Guide to Stakeholder Interactions (priority 1) Excerpt of Testimony by Dr. Chu (priority 3) Excerpt of Testimony by Sec. of Energy Spencer Abraham (priority 3) Background Information Nevada presentation to the NWTRB Transportation Committee on January 21, 2004 (priority 2) Nevada’s comments on NRC’s draft Strategic Plan (priority 2) 12:30 pm Adjourn ***************************************************************** 49 Salt Lake Tribune: Fight to keep N-dump at bay has support January 27, 2004 By Nicole Warburton Special to The Tribune Lawmakers agreed Monday that fighting a a proposal to store high-level nuclear waste on the Goshute Reservation in Skull Valley should continue to be a state priority. "I'd hate to see us lose sight after being in the battle for years," Sen. Dave Thomas, R-South Weber, said at a meeting of the Joint Transportation, Environmental Quality and National Guards Appropriations Subcommittee. Members of the committee are being asked to approve $500,000 in supplemental funds for 2004 and 2005 fiscal years for legal and technical fees of the state's ongoing attempt to halt storage of nearly 44,000 tons of nuclear waste on the Goshute Reservation, about 45 miles southwest of Salt Lake City. The state has spent nearly $3.8 million since 1997 fighting the plan by a consortium of nuclear power companies to store waste on the Goshute reservation until a proposed federal facility is operating at Yucca Mountain in Nevada. This is "above and beyond the wildest dreams" of what's been going on with Envirocare, said Rep. Joseph G. Murray R-Ogden, inferring that the state should focus attention and money on litigation of the Goshute proposal and not on the private hazardous waste landfill in Tooele County involved in recent controversy. netter@darnfastnet.com Copyright Salt Lake City Tribune ***************************************************************** 50 Las Vegas RJ: Minnesota legislators' reaction to Yucca Mountain plan mixed Tuesday, January 27, 2004 By KEITH ROGERS REVIEW-JOURNAL Presentations by state and Clark County officials on the planned Yucca Mountain nuclear waste repository to a group of Minnesota legislators drew mixed reviews Monday. One of the four out-of-state lawmakers, who today will tour the site 100 miles northwest of Las Vegas, said he thought Nevada's concerns about risks in transporting the waste were overstated. "What I heard loud and clear was, `Not in my back yard,' " Minnesota state Republican Rep. Michael Beard said after the meeting at the Sawyer Building with Nevada legislators and members of Citizen Alert, a statewide environmental group. "Their transportation discussion was overblown. They're so against this happening, they're grasping at weak arguments," Beard said. His colleague, Rep. Frank Hornstein, a Democrat, said he thought Nevada's speakers, which included Gov. Kenny Guinn, made "a compelling presentation." Later, Guinn said he was optimistic that at least one state has stepped forward to hear Nevada's concerns about the federal government's plans to entomb 77,000 tons of spent nuclear fuel and radioactive waste in Yucca Mountain. He said he was encouraged to know legislators outside Nevada are starting to ask questions about the risk of accidents and terrorist attacks involving nuclear waste that will be hauled by "through their Spaghetti Bowls," referring to the Interstate 15-U.S. Highway 95 interchange. Fred Dilger, Clark County's transportation coordinator, said the DOE's transportation plan lacked specifics, amounting to no plan. Building a new rail line to reach Yucca Mountain through rural, mountainous counties in Southern and central Nevada is a task that has been underestimated, he said. Minnesota Republican state Sen. Pat Pariseau said her state has two nuclear power plants. In the debate of which poses the greater danger, terrorist threats involving nuclear waste transportation or keeping waste at reactor sites, she said she didn't see one argument as better than another. Copyright Las Vegas Review-Journal ***************************************************************** 51 Las Vegas SUN: Minnesota lawmakers have Yucca concerns Today: January 27, 2004 at 10:04:06 PST By Dan Kulin After meeting Monday with Nevada lawmakers about plans to turn Yucca Mountain into a nuclear waste dump, one Minnesota state senator said maybe her state should hold onto its nuclear waste until a safer way of transporting and storing it is found. Another Minnesota lawmaker said he has new concerns and questions about the safety of storing the waste at Yucca Mountain. A group of Minnesota state legislators in Las Vegas to tour Yucca Mountain today met with Nevada lawmakers Monday at the Sawyer State Office Building to talk about the plan to store 77,000 tons of highly radioactive waste 90 miles northwest of Las Vegas beginning in 2010. Nevada is fighting the plan in U.S. District Court. Senate Minority Leader Dina Titus, D-Las Vegas, said the Monday meeting showed that concern over Yucca Mountain is growing across the country as more people realize the nuclear waste would be traveling through their states on the way to Nevada. "Until now it was Nevada against the rest of the country, and now it's nice to see others getting involved. Now they see they will be affected too," Titus said. Gov. Kenny Guinn said it is important for others from around the country to realize that the nuclear waste would be transported "through your cities, your neighborhoods and past your schools." Guinn also said that even if Yucca Mountain opens, nuclear reactors around the country will continue to store spent fuel rods during the five years following their use. Minnesota has three nuclear reactors at two power plants that currently house their nuclear waste on site. Fred Dilger, a Clark County planner who focuses on Yucca Mountain issues, told the visiting lawmakers that while "tomorrow you're going to hear that everything's fine," the state and county disagree, saying there are technical problems with the mountain site and transportation concerns to address. Dilger said the waste will probably come to Yucca Mountain by rail and truck, which will provide potential terrorists with many places to attack the waste. He also said that because of the sheer number of shipments coming from all over the country, there would probably be two transportation "incidents" a year. Assemblyman Harry Mortenson, D-Las Vegas, told the visitors any action should wait until a safer way of dealing with the nuclear waste is found. "In the future, people will figure out what to do with it, and how to deal with it safely," Mortenson said. "We'll be much smarter in 100 years ... so keep it on site for 100 years. The dry casks are good for at least 100 years." Minnesota state Sen. Pat Pariseau, a Republican, said after the meeting that maybe there isn't a safe way of dealing with the waste at this time. "Maybe we have to put up with it for a while," she said. Minnesota Rep. Michael Beard, a Republican, said he's not convinced the transportation will be a problem, but he does have new questions about storing the waste in Yucca Mountain. "I'm concerned that if there is a better site, why are we not there?" he asked. ***************************************************************** 52 EnergyPulse: Nuclear Waste Perspectives (Pro-nuke) Background, Overview and Perspectives "Ignorance more frequently begets confidence than does knowledge: it is those who know little, not those who know much, who so positively assert that this or that problem will never be solved by science." -- Charles Darwin. Previous articles by me on this site examined the political baggage that has held the U.S. nuclear program back and effectively caused the Yucca mountain fiasco; showed that uranium and thorium energy resources are assured for millions of years and could meet most, if not all of our existing and projected energy needs with much less environmental effect than almost any other source of energy; and presented comparative data that showed that nuclear power was far cleaner, much safer, and generally was cost competitive with any other reasonable source of energy. This and following articles will attempt to put the issue of nuclear waste and it's assumed effects in a broader social perspective than is usually seen. Marie Curie, one of the early pioneers of radioactive research and the winner of two Nobel prizes, recognized the social value of dispelling ignorance, when she stated: 'Nothing is to be feared. It is to be understood'. Marie Curie herself was so radioactive from her 'bucket chemistry', and inhaling radon and ingesting radium and other nuclides, that when she entered any physics laboratory, it was noted that any charged electroscopes immediately lost their charge. She died, possibly of leukemia, at age 66, having outlived most of her generation. Nuclear wastes must surely be one of the most difficult and thorny topics to address in the complete absence of perspective, which is the way they are usually addressed. The general belief seems to be that only nuclear wastes are dangerous or socially damaging not only now, but also into the far distant future, and that wastes from other sources of energy are not. This general lack of perspective, and inability to compare social risks today and over time, is not only unnerving, but also expensive and hazardous to society's continued health. The issues of nuclear power, radiation, and nuclear wastes are rife with ignorance, political manipulation, environmental obfuscation, and fear. As a result, they are either a political minefield, or a goldmine of emotions, depending upon which side of these politicized issues you stand. Rank the Risks Surprisingly, this perception of unconscionable danger from nuclear power and its wastes (all to do with radiation) survives, even as we are forced to accept - grudgingly - that using fossil fuels is obviously much more dangerous and limiting to both humanity and the environment; as the objective statistics (Paul Scherrer Institute) tell us. However, this is not a diatribe against fossil fuels. We need all the energy we can get from whatever sources, though some are much better than others. However, choices come from having options. It is not an option to be without adequate, reliable and affordable energy. 'No energy is more dangerous than no energy.' Homi Bhabha. Some of us seem prepared to believe that our continued high dependence upon fossil fuels and the resulting global 'pollution' might be changing our entire environment and climate, and jeopardizing our very existence as a species. No small effect indeed, if true. Despite this, we typically avoid making rational comparison of the merits or difficulties of all of our reasonable energy choices. Even many intelligent and honest people seem prepared to judge the issue upon fearful allegations, hearsay, and junk science, without acquainting themselves of the simple facts, or of seeking a measure of balance and perspective. Such perspective would allow a more intelligent consideration and understanding of nuclear and radioactive wastes, and seeing where they fit in the overall ranking of defined social risks: which is somewhere near the very bottom, as Table 1 below, shows. Perception and fear seem to place them near the top, but obviously without any rational (statistically supported) justification for doing so. In any society that wishes to progress and achieve the longest average life expectancy (the true measure of societal health), logic dictates that they get their risk assessment right, and that wealth be devoted primarily to addressing the risks towards the top of any valid risk ranking, while spending fewer resources further down the ranking. The most pessimistically calculated risk figures to society or even to individuals, (arrived at rationally by generally professional people, rather than those who just guess), from using nuclear power to produce electricity, and from its radioactive wastes, are shown in Table 1, along with some of the much more significant social risks. The nuclear risk data (exaggerated by calculation, as there are no obviously attributable bodies) appear because hundreds of more socially significant risks have been omitted in order to fit these onto the table. The 'all electricity - nuclear (NRC)' number, was calculated by the Nuclear Regulatory commission, and assuming that ALL electricity in the U.S. was supplied by nuclear power, rather than the almost 20% that it supplies at this time. Even the most pessimistic number, calculated by the Union of Concerned Scientists, at 1.5 days LLE, confirms its overall low effect. One risk figure which does not appear on Cohen's original table, as it does not yet apply to the U.S. but would, if others had their way with our energy supply, is the risk figure that would exist if our society did not have adequate, assured, or affordable energy. This would plunge society into joblessness, poverty, ill health, violence, stress, etc. An average life expectancy typical of the third world would result in a loss of life expectancy likely to be in excess of maybe 15,000 days, along with the absence of a viable future for our society. If the EPA is to be believed about radon in our homes, then the effect on the public of radon in their homes is almost 1,000 times more dangerous than nuclear power to produce electricity (NRC) and is about 3.5 million times more dangerous than nuclear waste disposal (derived from the EPA). Please read that sentence again, and think what it means in terms of perspective. Based upon this, and carefully avoiding cost/benefit considerations (they generally do NOT do them), the EPA might thus consider that about $34E12 ($34 trillion of a $10 trillion-a-year economy!) should be directed at radon mitigation, as they are prepared to see $34 billion spent to reduce the 1,000 times less risk from radiation emissions from nuclear power facilities (Table 2). I wonder what they would like to see spent on the social risks that are even mildly serious. In our society we have obviously managed to turn such risk-ranking logic on its ear, and through the crippling actions of political intervention by way of unscientific and mostly unjustified regulations, which avoid cost/benefit comparisons, can actually spend the lion's share of society's resources - its scarce wealth - (about 1 trillion dollars each year of our 10 trillion dollar economy) upon minor risks which harm few, if any individuals, one of which risks, is high level nuclear wastes. Some others are shown in Table 2, below: On the benefit side of the table, where certain interventions - especially preventive medicine - return immensely more benefit to society than they cost, I would very firmly place EDUCATION. As one cynic noted, if we got rid of the EPA altogether, and some other organizations too, society would be immensely safer and much more prosperous. As a result, the environment would be improved too. Social and Environmental Stupidity 101 The raw examples above should make you wonder how society could possibly survive such an onslaught of bureaucratic ineptitude. But that is not the end of the story. Depending upon how radioactive waste is defined, many commonplace and naturally radioactive things around us could and, in some extreme cases, have become unjustifiably labeled as unsafely radioactive - usually because of political posturing; because of social mischief or willful ignorance; because of an ingrained fear of radiation; or because of the unscientific and socially destructive Precautionary Principle, and its sister insanity of zero tolerance (unless applied to violence). If the definition is too restrictive, radioactive wastes can include discarded food wastes, building materials, concrete, soil, wood, most water supplies, beer, milk, blood, meat, fish, sewage, animal manure and even human beings themselves. Efforts to legislate an extreme degree of public safety concerning radiation usually have the opposite effect, and make society much poorer and less safe (both tend to go together). Nonetheless, concerned and sincere individuals in some states, various municipalities, and other local governments, at one time or another have decided to attempt to legislate a 'zero tolerance' to anything radioactive. In 1979, Colorado State politicians decided to prohibit all radioactive waste disposal (zero tolerance). Such legislators appear not to have realized that everything is radioactive, or were not aware of the thousands of beneficial uses of radiation throughout society, and the difficulties that might be caused by such legislation. They soon learned, but other states and jurisdictions occasionally are tempted to tread the same path. Among the many 'difficulties' would be those with transporting and disposing of cadavers; cremation; burial; transporting fertilizer; moving meat, eggs or milk from farms or to stores; collecting blood donations; letting some patients out of hospital; disposing of hospital wastes and even of using medical supplies and some drugs; disposing of sewage; disposing of ash from fireplaces as well as from coal-burning power plants; garbage disposal; supplying drinking water from municipal wells; providing medical diagnostic procedures, as well as creating difficulties for most food transportation and use. Clearly, this would not have been the intent of the legislators, though this could have been the outcome. Fortunately, most such proposed legislative changes are caught early enough before they become politically embarrassing. But sometimes they are not. What are Radioactive Wastes? Radioactive wastes - simply defined - are any byproduct material which contains radioactivity above that level typically found in naturally occurring materials, and for which no use is presently evident. Many such wastes are byproducts of processes that have been going on for hundreds of years (e.g., many base-metal mining operations, phosphate mining, gold mining). The wastes are generally ignored, as to address them would be to overload society with needless expense and concern, and too many restrictions on industrial development and many social activities. Following the EPA radon efforts, such restrictions could have excluded building and development upon certain geological formations; control or extreme remediation of many natural water supplies to millions of households; and even ventilation of buildings. Many of the homes in large swathes of New Jersey, New York, Pennsylvania and Connecticut (on the Reading Prong formation), as well as other locations across the U.S. and in many other countries are built on geological formations that are notably radioactive and could become candidates for draconian controls if society is not careful to limit the powers of bureaucrats. Most of this came to light in 1984 after one contractor at a nuclear plant tried to enter the facility after being in his house basement before going to work. He tripped the alarms on his way IN (common with discharged medical patients too) and thus began an investigation. The natural radon levels in his home basement were said (by the EPA) to be equivalent to him receiving 80,000 chest X-rays in a year and were said to be about 675 times the maximum levels permitted in a uranium mine. They concurred that he should evacuate his house, and despite most homes in the area exceeding guideline standards, probably did not recommend evacuation of the entire area as it would have involved evacuating thousands of homes from large chunks of at least four states, and the resulting flack would have put them out of business along with their bosses once the epidemiology showed that there were no observed health effects from this, no matter how many thousands of lung cancer deaths the EPA might have been able to calculate. The EPA's ongoing efforts to spook the public about radon in the U.S. have generally been unsuccessful. It is one example of a poorly-definable radiation risk that the public generally ignores, as it would hit each home-owner very hard in the pocket-book. It already does, if one tries to move real estate in these locations, though the hysteria may be diminishing a little by now after 20 years of a lack of obvious radiation-related deaths - just like the EMF hysteria (another risk that does not appear anywhere on even a much-expanded table of risks) that was in vogue a few years ago and now may also be subsiding, as the body count does not exist. Radioactive Wastes include wastes produced from: + Nuclear fuel cycle operations such as mining, refining, conversion, enrichment, fuel fabrication, power production, and spent fuel reprocessing. Spent fuel is not true 'waste' as it can be recycled (and will be eventually), and is recycled in some countries; + Operational and maintenance activities at nuclear power facilities; + Decontamination and decommissioning activities at nuclear facilities; + Uranium and thorium mining and processing activities and some base-metal mining operations; + Various industrial processes: coal burning solids and fly ash; oil and gas drilling scale, sludges and water; water treatment and filtration solids; geothermal deposits; phosphate fertilizer processing residues, which are also a source of commercial uranium; + Some low grade coals and coal ash with up to 1000 ppm uranium (the Dakotas and Montana in the U.S.) as well as some alum shales (Sweden), some gold mine wastes - all of which were, or still are used as sources of commercial uranium; + Accelerator wastes, following production of medical and research radionuclides; + Spent sealed radiation sources, including medical therapy devices and industrial radiography and irradiation sources; + Institutional uses (industry, hospital, university research) of radioisotopes; + Some hospital medical wastes and other discarded radiological materials; + Some hospital biological wastes, including some hospital sewage; + Military weapons-program wastes; + A few materials that are radioactive wastes but are not regarded as such. These include hardwood ash in the U.S. Northeast, which contains fallout cesium-137 and strontium-90 (the only two significant fairly-long half-life fission nuclides) from atmospheric bomb testing since 1945. As a gentle aside, Marshall Brucer noted that the 'downwind' cows that had been exposed to a high dose of ingested fallout radiation (about 1500 millisieverts) from the 1946 trinity bomb test, and which were presumably kept alive for observation of their likely imminent deaths from cancer, were quietly euthanized in 1964, because of extreme old age. Classification of Radioactive Wastes Radioactive Wastes can be subdivided into Low Level Wastes (LLW), Intermediate (ILW) and High Level Wastes (HLW). Some broad definitions, internationally accepted, are shown in Table 3, derived mostly from the International Atomic Energy Agency (IAEA), but different jurisdictions apply their own interpretations and guidelines, often for political purposes, such as serving as trade barriers (for tobacco, meat, venison and other game meats, agricultural produce, chocolate, nuts, peat moss, etc). What 'Radioactive Waste' Quantities are produced in Society? In the U.S., the produced quantities of some radioactive wastes are shown in Table 4, below. 'Technologically Enhanced', means concentrated by some social or industrial process such as water filtration, ventilation filters, and oil drilling or fertilizer production. Lint traps on clothes dryers in homes in some radon rich locations are notably radioactive for several hours after use, as are the air cleaners on most cars after a moderate drive, and vacuum bags on vacuum cleaners after use, as well as the water softening units of some household water purifiers. The public gets more radiation dose from living close to these items than it might ever get from true nuclear wastes, which they never get near, but no-one would reasonably believe that these radiation sources in the home are a serious problem, as they aren't, even if the public knew about them, which they don't. Many patients, following certain treatments and discharged from many hundreds of medical facilities each day, are major sources of significant radioactivity around most hospitals. No one cares. Following thyroid diagnosis and treatment, thousands of patients, each year, eliminate iodine-131 into the air, and into the sewage systems, as well as significantly irradiating family members and others close by if they are released from hospital too soon. Iodine-131, originating in Montreal, Canada, is readily detectable in the St Lawrence River at Quebec City, about 140 miles downstream. Similar situations apply at all major hospitals across the continent and throughout advanced societies. An individual patient who has received iodine-131 treatment to ablate (destroy) the thyroid emits more iodine-131 into the environment in the first few hours following treatment (breathing and waste elimination), than an operating nuclear power facility typically emits to the environment in a full year of continuous operation. Public toilets in malls near major hospitals are interesting repositories of dribbled wastes, which people scuff around on their feet, to shops and back to their homes and laundry hampers. It's generally more comforting to them, that they are NOT aware of this. The nuclear waste of most public, media or political importance, and which generates a degree of political passion and misplaced fear in inverse proportion to its actual risk, is spent fuel and related radioactive wastes. Anyone who is following the YUCCA farce must recognize the hysteria value of this issue to opposing politicians and various environmental groups. It is not just an expensive hole in the ground (albeit a small one), almost like any other mine with similar concerns and safeguards - and then some - but it is a gold plated hole in the ground that will be milked for every last drop of emotion, bad science, and political 'pork' that can be wrung from it before any waste is brought near it. The 70,000 tonnes of wastes designated to be PUT INTO it over the decades of its lifetime, is actually close to the DAILY tonnage production of ore FROM many large base metal mines. One consideration that is rarely addressed, is that in creating this mine, more radioactivity (natural uranium and thorium) is likely to be brought to the surface and released into the air space from the volcanic tuffs removed, than is likely ever to escape from the completed facility. Underground disposal is essentially a knee jerk reaction to the fear that if civilized society were to collapse totally in the future, at least our present day nuclear wastes would be out of their way. By the time that might happen, if ever, not only will such wastes be essentially innocuous, but the new risks in that collapsed society would make even the supposed chronic risks from nuclear materials at the surface seem like a belch in a hurricane. So much for perspective, or protecting future society. What Radioactivity Is Typically Found In Society? Everything is naturally radioactive and is impacted by radiation as shown below. You should perhaps not read this list, as it might provide too much disturbing perspective. + From the sky there are about 100,000 cosmic ray protons and neutrons, and about 400,000 secondary cosmic rays, which pass into and sometimes through us each hour, as well as billions of neutrinos which pass through us each hour without being slowed or stopped. + From the air we breathe there are about 30,000 atoms of radon and radon progeny, which disintegrate (decay) in our lungs every hour (about 8 Bq each and every second) and deposit their energy in lung tissue. In some regions this number of radon atoms continuously decaying in the lungs may reach millions each hour. + From our diets there are about 15,000,000 potassium-40 atoms, and about 7,000 uranium atoms, which decay in each of our bodies every hour, and emit alpha and beta particles (stopped in the body) and gamma energies (which mostly escape to irradiate everything around us). Bananas are an excellent source of potassium in our diets, and therefore of radiation. Brazil nuts (as well as Brazilian beaches) are a well-known source of natural radiation. Tobacco use is a major source of radiation dose to smokers (up to about 80 mSv of chronic dose in a year to the mouth and trachea of a pack-a-day smoker) from polonium-210 (a daughter of radium-226) in the tobacco leaf. It's the other carcinogens that kill smokers. + From soil and building materials, there are over 200,000,000 gamma rays which pass through each of us every hour. In locations with much higher natural radiation backgrounds, this figure may be in the billions. Although we cannot see or sense any of these events, it is intriguing to consider that in light of the numbers of interactions happening inside us and around us all of the time, all of humanity lives immersed in a soup of natural radiation energies. Some of the major sources of radioactive materials and wastes throughout society are shown in Table 5. A becquerel (Bq) is one radioactive disintegration each second. A liter of cow's milk (and blood and urine), with its natural potassium-40 (half-life of 12.7 billion years), is radioactive at the level of about 50 Bq each and every second. Cheers! Human milk, blood and urine are similar. One institute estimate points out (accurately, although exaggerating a little) that any individual in North American society gets more of a radiation dose from eating one banana, than they would ever be likely to get from Yucca in a year, when completed. The comparison indicates either, how socially safe Yucca will be (true), and how fatuously expensive it is considering the risks incurred or avoided (true), or how dangerous bananas are (false). Perspective on Radiation Dose from Radiation Uses in Society The last century of increasing uses of radiation in society (since 1896), has shown that though radioactive materials and wastes in modern hospitals constitute only about 1% of the radioactive materials in society, they contribute about 99% of all non-natural radiation doses to the public while generally saving tens of thousands of lives each year and improving the quality of life for hundreds of thousands of patients. In contrast, less than 1% of public doses from non-natural sources of radiation come from all industry and the entire commercial nuclear power industry wastes (95%), with an even smaller fraction of this coming from commercial power nuclear wastes, no matter how radioactive they may be. However, none of these nuclear wastes are associated with significant doses to anyone, not even to the workers who manage them, as they are strongly governed by an internationally accepted radiation dose limit (100 millisieverts in 5 years), which is very rarely approached by any worker, and is most unlikely ever to be exceeded. Most workers actually receive, on average, about the same radiation dose in a year of work (about 2 millisieverts), that they and their families get - on average - from natural radiation exposures (about 3 millisieverts, or more per year). The 'or more' can extend up to a few hundred millisieverts per year (or more) from natural radiation in many parts of the world, especially if you visit a spa or lounge on the beaches of Brazil. If you are an astronaut - forget it, even if you do manage to avoid the Van Allen Belts, where the radiation dose gets up to about 15 millisieverts per hour. You are far off the top of the picture. What is perhaps of most interest - at least to me - is that medical patients - millions of them - are not governed by any radiation dose limits under treatment, and often are exposed to radiation doses that are tens to hundreds (sometimes thousands) of times larger than even industrial dose limits. No one gets even slightly excited or concerned over this. The general public needs to recognize these facts, but those who tweak their perceptions and stir up their emotions about extremely low radiation doses, such as those from nuclear wastes, are unlikely to be happy that these realities are being pointed out. Some really interesting perspective (that word again) on radiation and radiation doses throughout society is shown in Table 6, below. It is a logarithmic scale of just a few doses (to materials or people) in various processes, and medical procedures; in nature; in industry; in the home; and from nuclear facility operations and nuclear waste disposal future estimates. If the plot were linear, it would need a sheet of paper many miles long to cover the same scale range. The only item on the table that is of widely publicized concern is the single item at the very bottom - the potential impact in the long-term from nuclear waste disposal. As far as most of the public, special interest factions and politicians are concerned, the other figures on the table don't even exist, and many of these groups would rather that the public did not know anything about them. Ten sieverts (grays) of acute whole-body dose would be fatal for most humans, but this is one of the very successful (85% recovery) treatment options for leukemia. Most localized cancers are targeted with much higher doses to destroy them. A targeted dose of about 100 sieverts is used to destroy the thyroid, without the patient feeling a thing. The process is a lot less traumatic and much safer than surgery even if the patient gets a whole body radiation dose of about 3,000 millisieverts or more over the next few hours from the procedure. If a radiation worker got this dose at work (rather than in the hospital), the entire management of the facility would be heavily fined, would probably be in jail, and the facility would likely be closed by the NRC. And then, of course, watch for the legal carrion feeders to swoop in. Using radiation to sterilize hospital supplies ensures that surgery; receiving injections; and many other medical procedures are not the life-threatening ordeal that they used to be. When society is able to sweep aside the remaining manipulated mythology of food irradiation, then it is likely that we can notably reduce the 5,000 to 9,000 deaths from food-borne illness that the CDC estimates for the U.S. each year. Unfortunately, it takes an outbreak of hundreds of food poisoning deaths and injuries associated with undercooked and improperly prepared and stored meats, fish and poultry, at one time, to capture anyone's attention. Comparison of risk/benefits anyone? In comparison with the use of any other source of energy, one should be impressed by the lack of bodies from any aspect of using nuclear power including management and disposal of its radioactive wastes, but the acknowledgement of that simple fact, is deafening by its silence. [Get Copyright Clearance] Copyright 2004 CyberTech, Inc. Want ***************************************************************** 53 Re: Yucca Mountain high-level waste repository Letter to Members of Congress from Public Interest Organizations ALLIANCE FOR NUCLEAR ACCOUNTABILITY _ CITIZEN ALERT _ NATURAL RESOURCES DEFENSE COUNCIL _ NEVADA DESERT EXPERIENCE _ NEVADA NUCLEAR WASTE TASK FORCE _ NUCLEAR INFORMATION AND RESOURCE SERVICE _ PHYSICIANS FOR SOCIAL RESPONSIBILITY _ PUBLIC CITIZEN _ U.S. PUBLIC INTEREST RESEARCH GROUP _ SIERRA CLUB January 26, 2004 Re: Yucca Mountain high-level waste repository Dear Member of Congress: As national environmental and public interest organizations, we are writing to update you on the most recent developments regarding the proposed high-level nuclear waste repository at Yucca Mountain, Nevada. The Department of Energy (DOE) intends to submit its license application to the Nuclear Regulatory Commission (NRC) by the end of this year, but as the following issues indicate, numerous fundamental questions remain regarding the suitability of the site to safely and permanently isolate high-level radioactive waste. Due to the doubts and uncertainties plaguing the Yucca Mountain project, we urge that its budget not be increased and that no changes be made to the funding practices. 1. Oral arguments in Yucca Mountain lawsuit heard in court. On January 14, 2004, the U.S. Court of Appeals for the District of Columbia heard oral arguments on a slate of lawsuits filed against the Yucca Mountain project. Last September, the six cases were consolidated and deemed "complex," allowing the three-judge panel more time to review them and lawyers more than the usual amount of time to argue them. The lawsuits were brought by public interest and environmental groups and the State of Nevada against the Environmental Protection Agency (EPA), and by the State of Nevada against the DOE, NRC and U.S. government. As the attached news articles demonstrate, the judges were particularly interested in the case against the EPA, which charges that the EPA's radiation release standards are not consistent with the recommendations of the National Academy of Sciences as ordered by Congress in the 1992 Energy Policy Act. The primary inconsistency is in the important area of whether the regulatory period includes the time of the expected peak dose from the repository. The decisions, which are expected as early as this spring, could potentially force a significant reassessment of the Yucca Mountain project that would necessarily take years, and perhaps even permanently derail it. Therefore, it would be inappropriate and irresponsible to make any increases in the project's funding or changes in funding practices, such as taking the project "off-budget," pending the court's decisions. 2. Chairman of the Nuclear Waste Technical Review Board resigned over conflict-of-interest charges. On December 30, 2003, Michael Corradini, chairman of the Nuclear Waste Technical Review Board (NWTRB), resigned following persistent criticism that he was biased in favor of the Yucca Mountain repository. The NWTRB was formed by Congress to be an independent body to review the DOE's research at Yucca Mountain and to ensure the government's decisions are supported by scientific evidence. Corradini's bias in favor of Yucca Mountain was apparent even before his appointment in June 2002. In 2001, he testified before the Senate Committee on Energy and Natural Resources that Yucca Mountain was "safe and solid" and that a stalemate over nuclear waste disposal "is primarily a political rather than a technical issue." Last October, Corradini co-authored an op-ed in a Madison, Wisconsin newspaper, stating that nuclear waste "can be stored safely at Yucca Mountain." The other nine board members, recognizing that the panel's credibility and effectiveness were in jeopardy, called for his resignation in April 2003. The resignation of Corradini from the NWTRB is a welcome measure to keep the continued role of the NWTRB as an impartial and objective panel. As President Bush appoints a new chairman and fills other existing and upcoming vacancies to the NWTRB this year, Congress should call on the President to ensure that the integrity and credibility of the Board is preserved. 3. NRC says DOE is not providing enough information on key technical issues. The DOE announced in December that it would answer all but one of the remaining key technical questions about Yucca Mountain by August 2004, much sooner than originally planned. Later that month, however, the NRC informed DOE that they cannot evaluate the answers to questions that DOE has already submitted, because DOE has not supplied all the necessary technical documents. In a December 23, 2003 letter to DOE, Janet Schlueter, chief of the NRC's High-level Waste Branch, wrote that "DOE has not routinely provided supporting information, most of which is also not publicly available. NRC expects DOE to provide NRC with all information requested in the original agreements." The DOE has been working since September 2001 on answering 293 scientific questions, or key technical issues, that revolve around Yucca Mountain's ability to keep radiation from contaminating the surrounding environment. So far, answers to 83 questions have been completed and accepted by the NRC. Of the 53 responses submitted to the NRC since September 2003, only 14 "appear to have adequately addressed" the original question, while 39 of the responses reviewed "do not appear to fully satisfy the agreements." The letter lists about 50 documents it still needs from the DOE to move ahead with its review of water movement in the mountain and possible volcanic activity. Water is a key issue for the site, because it could not only transport radiation faster than expected, but also could lead to corrosion of the waste containers holding the irradiated fuel. Again, we urge that the budget for Yucca Mountain not be increased and that no changes be made to the funding practices. Please contact Michele Boyd with Public Citizen at (202) 454-5134 or Kevin Kamps with NIRS at (202) 328-0002 ext. 14 if you have any questions. Sincerely, Susan Gordon Director Alliance for Nuclear Accountability Peggy Maze Johnson Executive Director Citizen Alert Karen Wayland Legislative Director Natural Resources Defense Council Paul Colbert Program Director Nevada Desert Experience Judy Treichel Executive Director Nevada Nuclear Waste Task Force Michael Mariotte Executive Director Nuclear Information and Resource Service Jaya Tiwari Research Director Physicians for Social Responsibility Wenonah Hauter Director, Critical Mass Energy and Environment Program Public Citizen Anna Aurilio Legislative Director U.S. Public Research Interest Group Daniel Becker Director, Global Warming and Energy Program Sierra Club -- ******************************** Susan Gordon, Director Alliance for Nuclear Accountability www.ananuclear.org 1914 N 34th Street, #407 Seattle, WA 98103 ph 206-547-3175 fax 206-547-7158 ANA is a national network of organizations working to address issues of nuclear weapons production and waste clean-up. ***************************************************************** 54 KBVC: Utility Companies File Lawsuits to Hurry Yucca Project January 27, 2004 Steve Crupi Reporting The U.S. Government is facing dozens of lawsuits in the battle over Yucca Mountain. Some are from the state of Nevada trying to block the project, but others are designed to speed it up. A flurry of new lawsuits are coming from utility companies angry at the Department of Energy for not opening up a national nuclear-waste dump. Something the DOE had promised to do by 1998. The energy department is standing by its current timetable of opening the nuclear dump by 2010. But that's 12 years later than power companies were promised. And this coming Saturday, the statute of limitations for filing lawsuits runs out -- sparking a rush to get them filed. Opponents of the dump are concerned the lawsuits will keep the project moving forward. But Governor Kenny Guinn isn't so sure. Congresswoman Shelly Berkley is hoping the lawsuits don't expedite a project she calls a dangerous waste of money. These are lawmakers from Minnesota who paid a visit to Las Vegas in search of more answers about how nuclear waste will be transported across the country. Governor Guinn is hoping other states will initiate legal action of their own to block the dump. By the end of this week, it is expected that as many as fifty lawsuits will have been filed by power companies against the Department of Energy. Power companies say they've paid more than 14-billion dollars into an account to deal with nuclear waste, but haven't gotten anything in return. So far, the lawsuits filed don't specify the exact amount of damages the companies are after. All content © Copyright 2000 - 2004 WorldNow and KVBC. All Rights Reserved. ***************************************************************** 55 KRNV: Nuclear utilities face deadline for radioactive waste lawsuits January 27, 2004 A rush of lawsuits is expected this week from utility companies suing the Energy Department for missing a 1998 deadline for opening a national nuclear waste dump. 31 lawsuits were pending at the end of 2003, and another 16 have been filed this month with the US Court of Federal Claims. More are expected to be filed before Saturday, the end of a six-year statute of limitations. It all dates back to the government's promise in 1983 to take thousands of tons of spent nuclear fuel off the utilities' hands. Utilities have paid more than 14 billion dollars into an account to deal with the waste, but say they haven't gotten anything in return. In 2002, four years past the deadline for opening a dump, Congress endorsed President Bush's decision to build the repository at Yucca Mountain. Now, the Energy Department says it plans to open the dump in 2010, although Nevada is trying to stop the plan. (Copyright 2004 by The Associated Press. All Rights Reserved.) All content © Copyright 2001 - 2004 WorldNow and KRNV. All Rights Reserved. ***************************************************************** 56 CBS 2: Some Concerns About Nuclear Storage Plan Indian Point sits on the shore of the Hudson in Buchanan, N.Y., 35 miles north of midtown Manhattan. Some Concerns About Nuclear Storage Plan Jan 27, 2004 5:00 pm US/Eastern (CBS) The Indian Point Nuclear Energy Center is doing the right thing, but the wrong way. That's according to critics who don't like a plan for storing what they call "the most dangerous stuff on earth." They sit in pools of water 40 feet deep -- radioactive rods of used-up nuclear fuel. There are so many rods, the pools at Indian Point soon won't be able to take any more. "We'll be running out of room, 2005, 2006," says Jim Steets from Entergy. Entergy, the plant owner, wants to move some of the spent fuel rods from wet storage to dry. The rods would be moved into metal and concrete casks, each weighing 185 tons. There could be potentially dozens of casks stored outside on a concrete pad. "It wouldn't be very hard to direct a airliner right into that field of casks which would cause quite likely a major radiological release," says plant critic Alex Matthiessen. He says dry-cask storage is good in general but he's concerned about the specifics of Entergy's plan. "You need to have the most robust system for storing that fuel that you can and what they're proposing now just doesn't cut it," he says. Matthiessen's group, Riverkeeper, says the casks should be placed in a concrete bunker, surrounded by an earthen berm. That would greatly increase the cost, and Entergy doesn't think it's necessary. Fuel rod storage and transport casks have been tested extensively and Entergy says they can take a licking, without leaking. "They can withstand almost any kind of assault. They're like, they'd be like big bowling pins in a sense, you know, you literally can crash into them, knock them over and not have any impact on the material inside," Steets told CBS 2's Tony Aiello. Last year a whistleblower claimed that the casks Entergy wants to use are not well-made. The NRC investigated and found that claim to be "unsubstantiated." Still, many are concerned about this storage plan. Entergy promises to hold a public meeting to address concerns in the next few months. (MMIV, CBS Broadcasting Inc., All Rights Reserved.) ***************************************************************** 57 Deseret news: Cheney avoids queries on Iraq WMDs [deseretnews.com] Tuesday, January 27, 2004 In Italy, he urges nations to fight rise of such weapons By Deb Riechmann Associated Press ROME — Vice President Dick Cheney, pushing his effort to persuade Europe to stand with the United States against the spread of weapons oDeseret news: Cheney avoids queries on Iraq WMDs [deseretnews.com] Tuesday, January 27, 2004 In Italy, he urges nations to fight rise of such weapons By Deb Riechmann Associated Press ROME — Vice President Dick Cheney, pushing his effort to persuade Europe to stand with the United States against the spread of weapons oGuards Cheating At US Nuke Weapons Storehouses During Anti-Terror Drills Date: Wed, 28 Jan 2004 00:00:45 -0500 Y-12 is America's main facility for processing enriched uranium. It stores nearly all of the country's reserve of about 5,000 "secondaries," the thermonuclear hearts of hydrogen bombs. GUARDS CHEATED NUKE SECURITY DRILLS http://snipurl.com/44g7 http://www.defensetech.org http://www.defensetech.org/archives/000744.html Security guards at the country's leading nuclear storehouse have been cheating during antiterrorism drills -- perhaps for as long as 20 years, according to a report released Monday by the Energy Department's inspector general. And now, watchdogs in Congress and beyond are questioning whether the tons of enriched uranium at the Y-12 National Security Complex in Oak Ridge, Tennessee, are really safe at all. "First off, heads should roll," said Rep. Christopher Shays (R- CT), who chairs the House Committee on Government Reform's National Security, Emerging Threats and International Relations Subcommittee. "I can assure you, my committee will be following up in a very direct way." Y-12 is America's main facility for processing enriched uranium. It stores nearly all of the country's reserve of about 5,000 "secondaries," the thermonuclear hearts of hydrogen bombs. When a team of Y-12 rent-a-cops racked up a perfect score during an antiterror drill June 26, officials there were shocked. How could the guards have performed so well, they wondered, when a computer model had predicted that the defenders would lose at least half of their confrontations? The answer was simple: The guards cheated. They had seen the computer models of the strikes the day before they were launched, rendering the test "tainted and unreliable," according to the report. And this wasn't the first time it had happened... http://www.defensetech.org/archives/000744.html ***************************************************************** 58 DOE: Privacy Act of 1974; Notice To Amend An Existing System of FR Doc 04-1551 [Federal Register: January 27, 2004 (Volume 69, Number 17)] [Notices] [Page 3904-3907] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr27ja04-51] Records AGENCY: Department of Energy. ACTION: Notice. SUMMARY: As required by the Privacy Act of 1974, 5 U.S.C. 552a, and Office of Management and Budget (OMB) Circular A-130, the Department of Energy (DOE) is publishing a notice of a proposed amendment to an existing system of records. DOE proposes to amend the routine use provision for DOE-13 ``Payroll and Leave Records.'' The proposed amendment will allow disclosure of information to the Defense Finance and Accounting Service (DFAS) for the purpose of providing payroll services for the DOE. DATES: The proposed amendment to an existing system of records will become effective without further notice, on [[Page 3905]] March 12, 2004, unless in advance of that date, DOE receives adverse comments and determines that this amendment should not become effective on that date. ADDRESSES: Written comments should be directed to the following address: U.S. Department of Energy, Abel Lopez, Director, Freedom of Information Act and Privacy Act Group, ME-74, 1000 Independence Avenue, S.W., Washington, DC 20585. FOR FURTHER INFORMATION CONTACT: Abel Lopez, Director, Freedom of Information Act and Privacy Act Group, ME-74, U.S. Department of Energy, 1000 Independence Avenue, S.W., Washington, DC 20585, 202-586- 5955; Wendy L. Miller, Director, Capital Accounting Center, ME-14, 1000 Independence Avenue, S.W., Washington, DC 20585-1290, (301) 903-5858; and Isiah Smith, Office of the General Counsel, GC-77, U.S. Department of Energy, 1000 Independence Avenue, S.W., Washington, DC 20585, (202) 586-8618. SUPPLEMENTARY INFORMATION: DOE proposes to amend the routine use provision for an existing system of records, DOE-13 ``Payroll and Leave Records.'' The new routine use is necessary because DOE has entered into a cross-servicing agreement with DFAS to provide payroll processing services to DOE. The proposed amendment will allow disclosure of information to DFAS for the purpose of processing DOE's payroll; the issuance of salary payments to employees and distribution of wages; and the distribution of allotments and deductions to financial and other institutions, many of which are through electronic funds transfer. The proposed routine use is compatible with the purpose for which the information is being collected and maintained. DOE is submitting the report required by OMB Circular A-130 concurrently with the publication of this notice. The text of this notice contains the information required by the Privacy Act, 5 U.S.C. 552a(e)(4). Issued in Washington, DC on January 15, 2004. James T. Campbell, Acting Director, Office of Management, Budget and Evaluation/Acting Chief Financial Officer. DOE-13 SYSTEM NAME: Payroll and Leave Records. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Headquarters, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, National Nuclear Security Administration (NNSA) Service Center Albuquerque, P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Atlanta Regional Support Office, 730 Peachtree, NE., Suite 876, Atlanta, GA 30308 U.S. Department of Energy, Bonneville Power Administration, P.O. Box 3621, Portland, OR 97208 U.S. Department of Energy, Boston Regional Support Office, One Congress Street, Room 1101, Boston, MA 021144-2021 U.S. Department of Energy, Carlsbad Field Office, P.O. Box 3090, Carlsbad, NM 88221 U.S. Department of Energy, Chicago Operations Office, 9800 South Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Golden Field Office, 1617 Cole Boulevard, Golden, CO 80401 U.S. Department of Energy, Idaho Operations Office, 850 Energy Drive, Idaho Falls, ID 83401 U.S. Department of Energy, National Energy Technology Laboratory (Morgantown), P.O. Box 880, Morgantown, WV 26507-0880 U.S. Department of Energy, National Energy Technology Laboratory (Pittsburgh), 626 Cochrans Mill Road, Pittsburgh, PA 15236-0940 U.S. Department of Energy, National Petroleum Technology Office, William Center Tower One, 1 West Third Street, Suite 1400, Tulsa, OK 74103 U.S. Department of Energy, Naval Petroleum and Oil Shale Reserves, 907 N. Poplar, Suite 150, Casper, WY 82601 U.S. Department of Energy, Naval Petroleum Reserves in California, 1601 New Stine Road, Suite 240, Bakersfield, CA 93309 U.S. Department of Energy, NNSA Service Center Nevada, P.O. Box 98518, Las Vegas, NV 89193-8518 U.S. Department of Energy, Oak Ridge Operations Office, P.O. Box 2001, Oak Ridge, TN 37831 U.S. Department of Energy, NNSA Service Center Oakland, 1301 Clay Street, Oakland, CA 94612-5208 U.S. Department of Energy, Office of Scientific & Technical Information, P.O. Box 62, Oak Ridge, TN 37831 U.S. Department of Energy, Ohio Field Office, P.O. Box 3020, Miamisburg, OH 45343 U.S. Department of Energy, Philadelphia Regional Support Office, 1880 John F. Kennedy Boulevard, Suite 501, Philadelphia, PA 19103-7483 U.S. Department of Energy, Pittsburgh Naval Reactors Office, P.O. Box 109, West Mifflin, PA 15122-0109 U.S. Department of Energy, Richland Operations Office, P.O. Box 550, Richland, WA 99352 U.S. Department of Energy, Rocky Flats Field Office, 10808 Highway 93, Unit A, Golden, CO 80403-8200 U.S. Department of Energy, Savannah River Operations Office, P.O. A, Aiken, SC 29801 U.S. Department of Energy, Seattle Regional Support Office, 800 Fifth Avenue, Suite 3950, Seattle, WA 98104 U.S. Department of Energy, Schenectady Naval Reactors Office, P.O. Box 1069, Schenectady, NY 12301 U.S. Department of Energy, Southeastern Power Administration, 1166 Athens Tech Road, Elberton, GA 30635-4578 U.S. Department of Energy, Southwestern Power Administration, Williams Tower One, One West Third Street, Tulsa, OK 74103 U.S. Department of Energy, Strategic Petroleum Reserve Project Office, 900 Commerce Road East, New Orleans, LA 70123 U.S. Department of Energy, Western Area Power Administration, P.O. Box 3402, Golden, CO 80401 U.S. Department of Energy, Office of Repository Development, P.O. Box 364629, North Las Vegas, NV 89036-8629 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Department of Energy (DOE), including National Nuclear Security Administration (NNSA) personnel and consultants. CATEGORIES OF RECORDS IN THE SYSTEM: Time and attendance records, earning records, payroll actions, deduction information requests, authorizations for overtime and night differential, and Office of Personnel Management (OPM) retirement records. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.; Privacy Act of 1974, Pub. L. 93-579 (5 U.S.C. 552a); General Accounting Office Policy and Procedures Manual; Personal Responsibility and Work Opportunity Reconciliation Act, Pub. L. 104-193. PURPOSE(S): The records are maintained and used by the DOE to document historical information on employee wages, deductions, retirement benefits, and leave. [[Page 3906]] ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use to the Department of Treasury to collect withheld taxes, process payroll payments, and issue savings bonds. 2. A record from this system may be disclosed as a routine use to the Internal Revenue Service to process Federal income tax payments and tax levies. 3. A record from this system may be disclosed as a routine use to state and local governments to process State and local income tax deductions and court ordered child support or alimony payments. 4. A record from this system may be disclosed as a routine use to OPM to establish and maintain retirement records and benefits. 5. A record from this system may be disclosed as a routine use to the Thrift Savings Board to update Section 401K type records and benefits. 6. A record from this system may be disclosed as a routine use to the Social Security Administration to establish Social Security records and benefits. 7. A record from this system may be disclosed as a routine use to the Department of Labor to process workmen's compensation claims. 8. A record from this system may be disclosed as a routine use to the Department of Defense to adjust military retirement. 9. A record from this system may be disclosed as a routine use to financial institutions to credit net deposits, savings allotments, and discretionary allotments. 10. A record from this system may be disclosed as a routine use to employee unions to credit accounts for employees with union dues deductions. 11. A record from this system may be disclosed as a routine use to health insurance carriers to process insurance claims. 12. A record from this system may be disclosed as a routine use to the General Accounting Office to verify accuracy and legality of disbursement. 13. A record from this system may be disclosed as a routine use to the Department of Veterans Affairs to evaluate veteran's benefits to which the individual may be entitled. 14. A record from this system may be disclosed as a routine use to States' departments of employment security to determine entitlement to unemployment compensation or other State benefits. 15. A record from the system may be disclosed as a routine use to the appropriate local, State or Federal agency when records alone or in conjunction with other information, indicates a violation or potential violation of law whether civil, criminal, or regulatory in nature, and whether arising by general statute or particular program pursuant thereto. 16. A record from the system may be disclosed as a routine use to a Federal, State, or local agency to obtain information relevant to a Departmental decision concerning the hiring or retention of an employee, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant, or other benefit. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 17. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to DOE officers and employees under the Privacy Act. 18. A record from this system of records may be disclosed as a routine use to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member concerning the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 19. A record from this system may be disclosed as a routine use to the Office of Child Support Enforcement, Administration for Children and Families, Department of Health and Human Services, Federal Parent Locator System (FPLS) and Federal Tax Offset System to locate individuals and identify their income sources to establish paternity, establish and modify orders of support, and for enforcement action. 20. A record from this system may be disclosed as a routine use to the Office of Child Support Enforcement, Administration for Children and Families, Department of Health and Human Services, FPLS and Federal Tax Offset System, for release to the Social Security Administration to verify social security numbers in connection with the operation of the FPLS by the Office of Child Support Enforcement. 21. A record from this system may be disclosed as a routine use to the Office of Child Support Enforcement, Administration for Children and Families, Department of Health and Human Services, FPLS and Federal Tax Offset System, for release to the Department of Treasury to administer the Earned Income Tax Credit Program (Section 32, Internal Revenue Code of 1986) and verify a claim with respect to employment in a tax return. 22. A record from this system may be disclosed as a routine use to the Defense Finance and Accounting Service (DFAS) so that DFAS may perform payroll processing services for DOE. These services may include the issuance of salary payments to employees and distribution of wages; and the distribution of allotments and deductions to financial and other institutions, many of which are through electronic funds transfer. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records and electronic media. RETRIEVABILITY: Records may be retrieved by name, social security number, and payroll number. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration (NARA) General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: Headquarters: Director, Office of Management, Budget and Evaluation/Chief Financial Officer, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. Field Offices: The Managers of the DOE offices ``System Locations'' listed above are the system managers for their respective portions of this system. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the Director, Headquarters Freedom of Information [[Page 3907]] Act and Privacy Act Group, U.S. Department of Energy, or the Privacy Act Officer at the appropriate address identified above under ``System Locations.'' For records maintained by Laboratory or Site Office, the request should be directed to the Privacy Act Officer at the Operations Office that has jurisdiction over that office or facility. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: The subject individual, supervisors, timekeepers, official personnel records, and the Internal Revenue Service. SYSTEM EXEMPT FROM CERTAIN PROVISIONS OF THE ACT: None. [FR Doc. 04-1551 Filed 1-26-04; 8:45 am] BILLING CODE 6450-01-P ***************************************************************** 59 DOE: Decision To Compete Management and Operating Contracts for Los FR Doc 04-1655 [Federal Register: January 27, 2004 (Volume 69, Number 17)] [Notices] [Page 3904] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr27ja04-50] Alamos National Laboratory, Ames National Laboratory, Lawrence Berkeley National Laboratory, Argonne National Laboratory, and Lawrence Livermore National Laboratory Section 301(a) of the Energy and Water Development Appropriations Act, 2004, Public Law 108-137, provides that none of the funds appropriated for fiscal year 2004 or any previous fiscal year may be used for a ``noncompetitive management and operating contract'' unless the Secretary of Energy, within 60 days of enactment of the Act, publishes in the Federal Register and submits to the Appropriation Committees of the House of Representatives and the Senate ``a written notification, with respect to each such contract, of the Secretary's decision to use competitive procedures for the award of the contract, or to not renew the contract, once the term of the contract expires.'' Pursuant to section 301(a)(3), this requirement does not apply to ``an extension for up to 2 years of a noncompetitive management and operating contract, if the extension is for purposes of allowing time to award competitively a new contract, to provide continuity of service between contracts, or to complete a contract that will not be renewed.'' Paragraph (b)(1) of section 301 identifies the noncompetitive management and operating contracts subject to Secretarial review and decision as the contracts for the management and operation of Ames Laboratory, Argonne National Laboratory, Lawrence Berkeley National Laboratory, Lawrence Livermore National Laboratory, and Los Alamos National Laboratory. For purposes of section 301, paragraph (b)(2) of section 301 provides that the term ``competitive procedures'' has ``the meaning provided in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403) and includes the procedures described in section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253) other than a procedure that solicits a proposal from only one source.'' Public Law 108-137 was enacted on December 1, 2003. Well before that time, on April 30, 2003, I announced my decision to use competitive procedures to award the Los Alamos National Laboratory management and operating contract when its term expires. In addition, I hereby announce my decision to use competitive procedures described in section 301 to award the Ames Laboratory, Argonne National Laboratory, Lawrence Berkeley National Laboratory, and Lawrence Livermore National Laboratory management and operating contracts. Decisions concerning the precise timing and form that these competitions will take are still under consideration and will be made in accordance with applicable law and regulation. Dated: January 21, 2004. Spencer Abraham, Secretary of Energy. [FR Doc. 04-1655 Filed 1-26-04; 8:45 am] BILLING CODE 6450-01-P ***************************************************************** 60 Tri-City Herald: Letter asks for cleanup solution This story was published Tuesday, January 27th, 2004 By Annette Cary Herald staff writer The state of Washington and the Department of Energy need to resolve their dispute over reclassifying high-level nuclear waste at Hanford before it starts slowing cleanup, according to Washington's congressional delegation. On Monday, U.S. Rep. Doc Hastings, R-Wash., and U.S. Sens. Patty Murray and Maria Cantwell, both D-Wash., called for talks between Gov. Gary Locke and Energy Secretary Spencer Abraham. At issue is how much authority state and federal agencies can exercise over treatment, handling and removal of radioactive wastes at Hanford, according to Hastings' office. "The stakes are incredibly high, and the price of failure is the continued exposure of the people and the environment to unnecessary risks by potentially slowing the pace of cleanup activities," said the letter sent to Locke and Abraham. DOE has pushed for more authority to reclassify waste nationwide in the past year. More than half the waste that could be affected is at Hanford. Allowing DOE to reclassify some high-level wastes could allow more of the waste now in underground tanks at Hanford to remain at Hanford permanently. The tanks hold 11 million gallons of high-level wastes and 42 million gallons of low-activity wastes from plutonium production at Hanford. High-level waste from the tanks is to be turned into a glasslike substance and shipped elsewhere for permanent storage, likely Yucca Mountain in Nevada. But the least hazardous waste will be buried at Hanford. Since losing a lawsuit over its powers to reclassify waste, DOE has said it needs broad reclassification authority or the 42 million gallons of low-activity waste might all have to be treated as high-level waste at a much greater cost. Environmental groups and the states of Washington, Idaho, Oregon and South Carolina are skeptical about DOE's intent. They fear if DOE were given more authority, it might leave large amounts of highly radioactive wastes inside the tanks. "Both Washington state and the Department of Energy have legitimate concerns, but they also have a shared responsibility to resolve this dispute in a constructive manner," Hastings said in a statement. "I am increasingly concerned that as time passes no progress is being made toward a workable solution." The letter called for the immediate start of high-level discussions and asked for a commitment from the state and federal governments to continue discussions until an agreement is reached. "In the past when seemingly intractable problems have faced cleanup obstacles, they have been solved by your common commitment to rise above the obstacles to reach shared objectives," the letter said. © 2004 Tri-City Herald, Associated Press &Other Wire Services ***************************************************************** 61 Tri-City Herald: Cleanup contract division sought This story was published Tuesday, January 27th, 2004 By Annette Cary Herald staff writer The Department of Energy's draft bid process for cleaning up Hanford's river shore favors a few large businesses and effectively excludes small local businesses, claims the Tri-Cities Local Business Association. The losers will be taxpayers, who could have saved money on the estimated $4 billion project, and the Tri-Cities, which may not get help in growing small businesses that could remain after Hanford cleanup money is gone, association members said Monday. The group wants the contract broken into five to 10 individual contracts with values in the $300 million to $400 million range. "We don't ask for anything being handed to us," said Sid Morrison of the association. "We just ask for the chance to compete." The work primarily includes removing radioactively and chemically contaminated soil from along the Columbia River shore, demolishing and sealing old reactors and cleaning up the 300 Area at the south end of the nuclear reservation. Association member Dick French said the work scope has hundreds of unrelated tasks grouped together, and most of the work is neither highly technical nor highly hazardous. Although small Tri-City firms are qualified to do the work, they're unable to compete for it under the proposed bid process and "not one dime of it is required to be done by small businesses," French said. The association has asked the U.S. Small Business Administration to intervene, and a meeting with SBA officials is scheduled, French said. In 2002, the SBA announced recommendations to push President Bush's goal of ensuring small businesses have fair access to federal contracts. It said taking small contracts and bundling them together results in only a single large business being able to bid on contracts instead of giving many small businesses a chance. But the draft request for proposals for the river contract is not an example of bundling, said Leif Erickson, chairman of the source evaluation board for the contract. "Bundling assumes it was once separate," he said. In fact, the work has been assigned to a single contractor, Bechtel Hanford, he said. While DOE officials cannot comment on what the final request for proposals will include, Erickson said officials are considering the comments made on the draft solicitation, including those from small businesses. "As with the majority of (environmental management) contracts, there is an important place for small business, and the river corridor will be no different," Erickson said. The final request for proposals is expected to be issued before March 1. Instructions in the draft do establish goals for small-business participation in work that is subcontracted, Erickson said, and bidders will have to prepare a small-business plan. But Tri-Cities Local Business Association members believe large contractors can get around the requirement that small businesses be included. They're also concerned about the 45-day deadline businesses have to prepare proposals, believing the clock has started ticking. But Erickson said a period of roughly 45 days will not start until the final solicitation is released. The contract has a complicated history. Bechtel Hanford began managing the removal of contaminated soil and the demolition and sealing of old reactor complexes along the Columbia River in 1994. That contract was expanded and rebid in 2002. DOE awarded the contract to Washington Closure Co., but losing bidder Bechtel National successfully challenged the bid award. "The long and short of it is if you are not an original bidder, you have no chance" because of the short time period to prepare a bid, French said. "We have an aggressive schedule because we have to proceed with the contract for this work," Erickson said. "It's important work." © 2004 Tri-City Herald, Associated Press &Other Wire Services ***************************************************************** 62 Knox News: Tennessee delegation touts Y-12 role By RICHARD POWELSON, powelsonr@shns.com January 27, 2004 WASHINGTON — The U.S. government's shipment of nuclear materials from Libya to Oak Ridge is a strong vote of confidence in the East Tennessee facility's operations, members of Congress said Tuesday. U.S. Rep. Zach Wamp said this marks the third country from which U.S. officials have accepted enriched uranium and then sent it to the Y-12 plant in Oak Ridge for dilution and/or safe storage. Oak Ridge also has accepted such weapons material obtained from Russia and an undisclosed area in the Middle East, he said. "It's very reassuring," said Wamp, a Chattanooga Republican whose district includes Oak Ridge, "to see that our country knows the highly skilled workforce in nuclear weapons in the country is in Oak Ridge — (and) that safe and secure storage ... takes place on behalf of our country at Oak Ridge." Senate Majority Leader Bill Frist, R-Tenn., said the Oak Ridge plant is helping to keep the world more secure from nuclear-bomb attacks by hostile governments. "The world is a safer, safer place," Frist said after the Libyan weapons material arrived at McGhee Tyson Airport near Knoxville. He called the Oak Ridge facility "one of the great nuclear labs in this country." Frist said it was apparent that Libya gave up the nuclear weapons capability because its leader, Moammar Gadhafi, "got the message" that the United States was willing to put strong pressure on hostile countries with weapons of mass destruction. Also, U.S. Sen. Lamar Alexander, R-Tenn., said: "Once again, the facilities in Oak Ridge are proving central to our nation's security. The shipment of these materials out of Libya is a critical first step in securing nuclear materials and equipment to make sure they don't end up in the hands of terrorists." Wamp said he believes that Libya gave up its weapons material and equipment after sensing "this was an opportune moment for people in Northern Africa and the Middle East to say to the West that we want to be cooperative and we want a more stable region." Richard Powelson may be contacted at 202-408-2727. Copyright © 2004 The Knoxville News Sentinel Co. All Rights Reserved. ***************************************************************** 63 KIFI: DOE Cites Bechtel BWXT Idaho for Falling Containers www.localnews8.com January 26, 2004 The department of Energy is citing Bechtel BWXT Idaho for violating safety rules. It stems from an incident that happened last July where a column of waste containers toppled over. Several of the containers fell on to a forklift. Luckily, no one was injured. The investigation says Bechtel failed to properly train workers and comply with procedure. The investigation also found a similar incident occurred in 2002. DOE has proposed a civil penalty of 41-thousand dollars. Bechtel has 30 days to respond to the violation. For more information, visit . ***************************************************************** 64 Hawk Eye: Senator awaits DOE reply Friday, January 23, 2004 Site updated daily at 11 a.m. CST Deadline on Grassley's request for documents likely to be missed. By MATTHEW LeBLANC mleblanc@thehawkeye.com Despite today's deadline, U.S. Department of Energy officials are not expected to comply with a request from Sen. Charles Grassley for documents related to the department's role in the defeat of legislation designed to overhaul a federal workers' compensation program. A letter from the Iowa Republican also asks Energy Department officials to outline the department's relationship with a Louisiana technology company that may have had a role in a Senate subcommittee's decision to trim the legislation from the final version of a hotly debated energy bill. Grassley spokeswoman Beth Pellett said Thursday that DOE officials were not expected to turn over the documents, which will be used to sort out the department's role in the defeat of section 316 of the Energy and Water Appropriation Act. Grassley asked for the documents in a Dec. 22 letter, seeking their delivery by today. Asked whether she expected the documents to be delivered by today's deadline, Pellett said: "Probably not." Section 316 was left out of the Energy bill after House and Senate leaders met in October. The legislation would have moved control of some compensation claims filed under the Energy Employees Occupational Illness Compensation Program from the DOE to the Department of Labor, which Grassley and Sen. Lisa Murkowski, R–Alaska, argued would expedite a lagging process. "The simple fact is that we've got to do something to help these people who worked in very hazardous conditions while they assembled our nation's nuclear deterrent during the Cold War," Grassley said in a November prepared statement. Pellett said Grassley met with DOE officials earlier this week, but the topics of discussion were unclear. "We are working in an expeditious and orderly manner to answer Sen. Grassley's request," DOE spokesman Jeff Sherwood said. "We are in contact with his staff and will provide the materials requested by the senator in a timely manner." From the 1940s to the mid–1970s, workers at IAAP assembled, test–fired and disassembled components of nuclear weapons at the 19,000–acre plant west of Burlington. The work has been linked to lung diseases and cancers among former IAAP employees. Shortly before section 316 was deleted from the bill, Sens. Mary Landrieu and John Breaux, both Democrats from Louisiana, sent a letter to Energy and Water Development Subcommittee Chairman Pete Domenici, R–N.M., asking for "careful consideration of the full impact this amendment has" on a "key employer in our state." The employer, later identified as New Orleans–based Science &Engineering Associates, was hired by DOE–run Space and Naval Warfare Information Technology Center to help process thousands of claims filed under the EEOICP. Lobbyists have estimated that SEA stood to lose as much as $40 million if the legislation was passed. Aides to Grassley say SEA may have played a role in lobbying against the amendment. "DOE ... publicly opposed the amendment, so we cannot imagine why there is a continued desire to withhold information about the conduct and manner of the opposition," Grassley and Murkowski wrote in the Dec. 22 letter to Energy Secretary Spencer Abraham. If the documents are not delivered, it will mark the second time Grassley has been rebuffed by DOE officials. A Nov. 4 letter asked for the same information. "Given the previous period, the department had to begin compiling the records requested in Sen. Grassley's Nov. 4, 2003, letter, the Jan. 23, 2004, deadline should be more than enough time to compile and deliver the requested material," Grassley and Murkowski wrote in the Dec. 22 letter. Workers who have illnesses covered under EEOICP can apply for a one–time $150,000 compensation payments to cover medical costs associated with the illnesses. Government studies have shown that a majority of nearly 20,000 claims filed nationwide have not been processed. More than 1,500 former IAAP workers have filed claims under the program, with only 37 receiving payment, according to department statistics. Grassley has indicated he will reintroduce legislation to complete the switch, though it's unclear when. 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 ***************************************************************** 65 Hawk Eye: DOE doesn÷t deliver papers Monday, January 26, 2004 Site updated daily at 11 a.m. CST Energy Department fails to meet Grassley deadline for weapons worker documents. By MATTHEW LeBLANC mleblanc@thehawkeye.com Documents detailing the Department of Energy's role in the defeat of legislation designed to overhaul its workers' compensation program have not made it to Sen. Charles Grassley's desk, despite a Jan. 23 delivery deadline, aides say. A DOE spokesman said they will be delivered "in a timely manner." Grassley, R–Iowa, had requested the documents in a Dec. 22 letter to Energy Secretary Spencer Abraham after it was found that a Louisiana technology company affiliated with the DOE may have helped sink an amendment moving workers' compensation claims to the Department of Labor. He asked that they be delivered by Jan. 23. "DOE told Sen. Grassley that the documents were not ready, but they were working on them," said Beth Pellett, a spokeswoman for Grassley. Jeff Sherwood, a spokesman for the Energy Department, said last week that all requested materials would be delivered. He did not give a timeline for delivery. Included in Grassley's request are thousands of pages of documents detailing the DOE's relationship with New Orleans–based Science &Engineering Associates. The firm, hired by Energy officials to help process thousands of claims filed under the Energy Employees Occupational Illness Compensation Program, was mentioned by Sens. Mary Landrieu and John Breaux in a Sept. 26, 2003, letter to the Senate Energy and Water Subcommittee shortly before lawmakers axed Grassley's amendment from the final version of the Energy bill. Landrieu and Breaux, both Democrats from Louisiana, cautioned subcommittee Chairman Pete Domenici, R–N.M., that Grassley's amendment could hurt "a key employer in our state." Sources have said SEA stood to lose about $40 million if claims were moved to the DOL. Those numbers have not been confirmed. Grassley has said he will use facts gleaned from Energy documents to examine ways to expedite a claims process government auditors have found to be lagging. An October General Accounting Office report states that little more than 6 percent of more than 19,000 claims filed under EEOICP have been processed. GAO, Congress' investigative arm, also found that claims handled by the DOL — which works with DOE under the program —had processed nearly all of its claims. A Nov. 4, 2003, letter asked Energy officials for the same documents, though none were ever delivered, bringing a second, scathing letter from Grassley and Alaska Republican Lisa Murkowski. "Given the previous period the (Energy) Department had to begin compiling the records requested in Sen. Grassley's November 4, 2003, letter, the Jan. 23, 2004, deadline should be more than enough time to compile and deliver the requested materials," Grassley and Murkowski wrote. 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 ***************************************************************** 66 Hawk Eye: Grassley wants Iowan named to board Monday, January 26, 2004 Site updated daily at 11 a.m. CST In an attempt to create more government oversight on a federal workers' compensation program, Sen. Charles Grassley has recommended Iowa Workers' Compensation Commission member Iris J. Post be appointed to the newly created Workers' Compensation Assistance Advisory Committee. The WCAAC was created earlier this month to provide reviews and advice for the Energy Department's Office of Worker Advocacy, which helps implement the Energy Employees Occupational Illness Compensation Program. "Time and time again, I have raised concerns with the processing of claims," Grassley said in a prepared statement Friday. "I hope the new advisory committee will help identify deficiencies as well as provide potential legislative recommendations." Grassley, with Sen. Lisa Murkowski, R–Alaska, introduced legislation last year aiming to overhaul EEOICP by moving claims responsibilities to the Department of Labor after a General Accounting Office report showed flaws under DOE control. Post had previously served as a member of the Advisory Committee to the Federal Worker Advocacy Office at the DOE before it disbanded in 2002, according to Grassley spokeswoman Beth Pellett. "The purpose of the committee is to provide the Secretary of Energy and the Assistant Secretary for Environment, Safety and Health with advice, information and recommendations on the operation of the Office of Worker Advocacy, focusing on its case management and physician panel processes," said Advisory Committee Management Officer James N. Solit in a Jan. 9 issue of the Federal Register. The move affects more than 1,500 former Iowa Army Ammunition Plant employees who have filed workers' compensation claims worth $150,000 each under the EEOICP. The new advisory committee provides oversight, which Grassley has said was lacking in the DOE–run program. — Matthew LeBlanc The Hawk Eye 800 S. Main St., Burlington Iowa 52601 319-754-8461 ***************************************************************** 67 PISJ: DOE slaps Bechtel with $41,250 penalty Pocatello Idaho State Journal: Senator's spokesman leaves for new job Center sets free workshop Thursday on e-commerce Search Archives WASHINGTON, DC - The Department of Energy has issued a proposed $41,250 civil penalty to Bechtel BWXT Idaho for alleged unsafe operating procedures at the Radioactive Waste Management Complex at Idaho's nuclear site. According to a press release, The Preliminary Notice of Violation was issued because of a July 2003 incident, where a column of low-level radioactive waste containers placed in a pit for burial toppled over, with several containers hitting the forklift used to stack the containers. No one was injured, and no radioactive material was released. Bechtel has 30 days to respond to the notice. Copyright © 2004 Pocatello Idaho State Journal P O Box 431 Pocatello, ID 83204-0431 ***************************************************************** 68 Tri-Valley Herald: Seeking a piece of the nuclear pie 1/27/2004 Bidding opens today in first competition for weapons labs, including Lawrence Livermore By by Ian Hoffman, STAFF WRITER The U.S. Department of Energy formally opens competition today for three top federal labs the University of California has operated since their creation in the 1940s and'50s. A Federal Register notice will serve as the starting gun. Close to a dozen potential bidders are jockeying for a shot at running Los Alamos and Lawrence Livermore nuclear weapons design labs and their institutional parent, Lawrence Berkeley lab, which performs unclassified research. Congress last year ordered immediate contract competition for all three labs, plus two others run by the University of Chicago and Iowa State University. At stake is who will operate a scientific empire as large as San Francisco that employs 18,000 people in California and New Mexico. Half are scientists or engineers, most of them contributors in one way or another to the design and maintenance of the U.S. nuclear arsenal. The Berkeley lab, perched on a hill over UC's first campus, is where academia and the U.S. government first joined in the name of Big Science in the late 1930s. Technically, the University of California's tenure in charge there runs out Saturday. But Energy Secretary Spencer Abraham will take the pro-forma step this week of extending UC's contract to January 2005. That yearlong delay suggests the competition for the Berkeley lab contract might proceed on a faster schedule than the competitions at Los Alamos and Livermore, where existing contracts won't expire until September 2005. The Energy Department is working on a schedule for the competitions, said agency spokesman Joe Davis. The timetable will orchestrate dates for bidders to state their interest, the Energy Department to release bidding specifications, the submittal of bid packages, award of the contracts and negotiations over final details. Few will pay as much attention to this timetable as UC executives in Oakland, who alone of the potential bidders are preparing to fight for all three labs. Tri-Valley Herald All Rights Reserved ***************************************************************** 69 Oak Ridger: BNFL tackles removal of three storage tanks Story last updated at 12:27 p.m. on January 27, 2004 By: Paul Parson | Oak Ridger Staff paul.parson@oakridger.com The removal of three uranium storage tanks at the Oak Ridge K-25 site turned out to be a "big" project. "Due to the large size of the tanks - 10 feet in diameter, 48 feet tall and 35,000 pounds - and the cramped removal area, two cranes were necessary to land the tanks directly on a low-boy trailer," said Will Wesselman, engineering manager with BNFL Inc. The three tanks were located in Building K-29 - one of the three structures BNFL is under contract with the federal government to clean up. Each tank had extensive radiological contamination that required removal, officials said. The tanks were used to house uranium enriched by the gaseous diffusion process. BNFL Surge tank being removed from Building K-29 at the East Tennessee Technology Park, formerly known at the K-25 site. "The surge tanks were purged of any toxic substances, welded shut and verified that no contamination existed on the outside," said Wesselman. The tanks were then transported to Building K-33 for processing. At K-33, two crane hooks were used to manipulate the 48-foot tanks through 26-foot-long crane access hatches. "This was a very complicated process," said Jon Carlberg, BNFL's support services and criticality safety manager. "BNFL worked diligently to ensure the process was completed safely and successfully." According to BNFL officials, the tanks will be sent through the company's one-of-a-kind supercompactor. The supercompactor can process items that are up to 26 feet long, 14 feet wide and 6 feet high and compact them into material that is less than 10 inches thick in any one dimension. ***************************************************************** 70 Oak Ridger: Y-12 security test blasted in DOE report Story last updated at 11:36 a.m. on January 27, 2004 INSPECTOR GENERAL DOCUMENT: 'We found that shortly before the test, two participating protective force personnel were permitted to view the computer simulations of the four scenarios.' By: Paul Parson | Oak Ridger Staff The results of a security test last year at Oak Ridge's nuclear weapons facility were "tainted and unreliable," according to the Department of Energy's Inspector General. It's the third time this month that security issues have been noted at the Y-12 National Security Complex. And, it's got the security contractor for the federal plant going on the defensive. "There is no question in my mind that security today is much better than it has been," said Jean "John" Burleson, senior vice president and general manager of Wackenhut Services Inc.'s Oak Ridge team. Since January 2000, Wackenhut has provided security at Y-12, which plays a major role in national security through its production and refurbishment of weapons components, storage of nuclear material and prevention of the spread of weapons of mass destruction. As part of a facility's security planning process, protective forces undergo performance tests, which commonly involve live exercises where they defend against a simulated attack. Because of the high cost of the live tests - between $50,000 to $85,000 per test at Y-12 - sites use a computer program to simulate protective force responses to various threats. Select simulations are then validated through performance tests. Computer simulations conducted prior to a June 2003 performance test at Y-12 predicted that the responder protective forces would decisively lose two of the four scenarios that comprised the test. However, when the Y-12 protective force won all four of the scenarios, management officials at the weapons plant became concerned the test had been compromised. DOE's Inspector General was asked to look into the matter. The result of the investigation were outlined in a report released Monday. "We found that shortly before the test, two participating protective force personnel were permitted to view the computer simulations of the four scenarios," the report stated. "We concluded that this action was improper, since it had the potential to adversely impact the realism of the performance test and its outcome. In short, the test results were tainted and should not, in our judgment, be relied upon." Burleson, however, told The Oak Ridger that last year's test was not a standard "force-on-force" exercise and that some advance information was necessary to do the special exercise. He was also adamant that the test was "not compromised." During the inspection of the June 2003 security test, DOE's Inspector General was provided with information indicating that inappropriate actions had occurred going back to the mid-1980s in connection with performance tests at DOE's Oak Ridge complex. Several different contractors have held the protective force contract during the period in question. Current or former protective force personnel provided a number of examples of improper actions related to prior performance tests, including the following: * Management would identify the best prepared protective force personnel and then substitute them for lesser prepared personnel who were scheduled to participate in an exercise. * A protective force responder would be assigned to "tail" the aggressors and observe their movements while they were touring Y-12 buildings and targets prior to and in preparation for an exercise. * Training prior to a performance test would focus on the specific building to be targeted, and in some instances, an oral plan would be created that deviated from the established Y-12 tactical plan to counter the attack. * Based on specific attack information, trucks or other obstacles would be staged at advantageous points to be used as barricades and concealment by protective force responders for shooting during the exercises. "During our inspection, we learned that a Wackenhut official had recently acknowledged to a senior department official that Š stand-by personnel had been used in performance tests in the past," the Inspector General report stated. "We were told, however, that Wackenhut management had established new procedures to address this issue after becoming aware of it sometime in late 2000 or in 2001." Burleson also said that prior security problems have been remedied. In September, Wackenhut received its highest scores to-date on an evaluation by the NNSA, which is done every six months. The company received more than $3 million in fees and "outstanding" marks in several areas, including protective force training. And, although another evaluation is expected to be released soon, DOE's Inspector General said the NNSA should pay attention to the report released Monday. "We believe that the results of the [Inspector General] review should be considered when DOE officials evaluate Wackenhut's contractual performance and award fee," the report stated. The NNSA's Oak Ridge office declined to comment on the report. However, a "management comments" section of the document states that the NNSA concurred with the report's findings. DOE's Inspector General report comes hot on the heels of claims by the Project On Government Oversight that Y-12 could not adequately protect its supply of bomb-grade uranium in the event of a terrorist attack. The watchdog group based its claims on unnamed government sources and a recent, but unfinished review by DOE's office of Security and Performance Assurance. "It's blatantly untrue," said Burleson of POGO's claims that the security review yielded bad results. "There's no danger." In addition, the National Nuclear Security Administration announced earlier this month that it would review "key management practices" at all of the federal weapons facilities it oversees within DOE. At the time the NNSA review was announced, it was also reported that between 200 to 250 keys turned up missing from the weapons plant last year. Also, the Oak Ridge NNSA office recently made management adjustments relating to its security officials while Y-12 appointed a new security chief. The Y-12 switch reportedly does not have anything to do with security problems, though officials would not go on the record with that information. ***************************************************************** 71 Oak Ridger: Dick Smyser: Uranium and hydrogen in ETEC's future; Story last updated at 11:35 a.m. on January 27, 2004 acknowledging too many errors By: Dick Smyser | Editor's License The Roane Anderson Economic Council was founded in 1973. Gene Joyce and Tom Hill were the founders with whom I had closest contact. I remember conversations with Tom as to whether his prominent part in the founding would conflict with his duties as publisher of The Oak Ridger. I appreciated that Tom had such concerns and that he would share them with me. It occurs now that our discussions were an early instance of discussions that many publishers have had with their editors as, in more recent years, the philosophy of "public (or civic) journalism" has been practiced and debated: the newspaper less just a spectator and critic and more a participant, even leader, in community projects. The new organization was most often called just "Roane Anderson," at the risk of being confused with the Roane Anderson Co. that managed housing and all city services for the U.S. Atomic Energy Commission prior to the sale of previously government-owned homes and land and the city's forming its own government - incorporation. It functioned as RAEC until 1994 when, extending its area of concern beyond Oak Ridge's city limits, it changed its name to East Tennessee Economic Council. Jim Campbell, a former editor of The Oak Ridger, is executive director of ETEC. On Jan. 15, he briefed the Rotary Club of Oak Ridge at its luncheon at the Elks Lodge. Jim sees uranium and hydrogen as big in this area's commercial and industrial future. Uranium, of course, is the cornerstone of Oak Ridge's past. But just as this city was built in secrecy to house the scientists, engineers and other workers who would enrich the uranium that fueled the first nuclear weapons, now the residue and spinoffs of those operations are poised to make new contributions to medicine, space exploration and energy development: *U-233 from stocks at Oak Ridge National Laboratory processed by local private industries to provide radioisotopes to treat cancer. *Depleted uranium from Y-12 used in shields for the National Air and Space Administration's Jupiter Icy Moons Orbiter. *Technology developed here applied by the United States Enrichment Corp. at its Oak Ridge plant to manufacture "in bulk" gas centrifuges for the new uranium enrichment plant planned at the former DOE gaseous diffusion plant in Piketon, Ohio. Campbell listed ETEC's primary missions: *Contact with other cities close to Department of Energy operations, like Richland, Wash., Los Alamos, N.M., Savannah River, Ga. *Keeping Congress informed of what's happening here in East Tennessee and particularly at Oak Ridge. *Hosting visits by members of Congress and the State Legislature. *Assisting University of Tennessee-Battelle, contractor for operations at Oak Ridge National Laboratory, to move new technologies developed at ORNL promptly into the private sector. Yet another major area for spinoff into private industry locally, Campbell said, is homeland security. ORNL is developing many new technologies, especially more sophisticated sensors to detect explosives. ETEC continues a tradition that dates back to its earliest years as "Roane Anderson" - Friday morning breakfasts. At these, held in early years at the Alexander Inn, now at the University of Tennessee Outreach Center on the Turnpike at Rutgers Avenue (once the A ), ETEC's directors and invited guests are kept up to date. And now about hydrogen. As there is increasing talk of the United States moving to a hydrogen, as opposed to an oil, economy, Campbell sees Oak Ridge and East Tennessee as positioned to help refine the concept of the hydrogen-driven automobile. Also to design and build a "Hydrogen Service Station" where H-cars would "hydrogen up." *** I have committed an excess of errors in this column within the past two weeks: Tim Burchell was not at the helm of the chartered sailboat in which he, John Gunning, also of Oak Ridge, and two other friends were sailing off the Florida Keys when it was rammed by a larger fishing vessel this past fall. Tim suffered pulled neck muscles. Fred Baker, of Charleston, S.C., was the helmsman and suffered the ankle bone injury that I mistakenly attributed to Tim in my Jan. 15 column. That same column erroneously stated that Gregg Herken was one of the Friends of Oak Ridge National Laboratory's Community Lecturers in February of last year. He will, rather, be the Community Lecturer on Feb. 17 - next month. Herken, author of "Brotherhood of the Bomb: The Tangled Lives and Loyalties of Robert Oppenheimer, Ernest Lawrence and Edward Teller," was previously senior historian and curator at the Smithsonian Institution's National Air and Space Museum in Washington, D.C. He now is a key figure in the founding of the new University of California, Merced. The Oak Ridger was sold by the Hill family, its founders, in late 1986, not late 1987, as stated in my column a week ago about the 55th anniversary of The Ridger's first issue, although the official date of the sale was Jan. 1, 1987. The lecture by John Dobson, sidewalk astronomer, was on Wednesday, Jan. 14. All these and multiple misspellings, previously acknowledged, in the Jan. 15 column and attributable, I now embarrassingly know, to my misuse of my computer spell check which regularly suggests that I change ORNL to ORAL, ORAU to AURA, Pollard and Pollock to Polaroid and, in this instance, also badly mangled the first name of Cresson Kearny and the last names of Helen Jernigan and Eugene Wigner. My apologies and I will strive to much more faithfully practice my own newsroom preachment known as "Pulitzer's Dictum" (named for Joseph Pulitzer, well-known early 20th century publisher and founder of the Pulitzer Prizes): "Accuracy! Accuracy!! Accuracy!!!" Columnists David Broder and Ellen Goodman annually collect their errors into a separate year-end "mea culpa" column. If I'm lucky, and much more careful, perhaps the above will suffice for me for 2004. - RDS ***************************************************************** 72 Oak Ridger: Official ponders fate of UT-Battelle's contract to manage ORNL Story last updated at 12:13 p.m. on January 27, 2004 FEEDBACK: Battelle chief spoke highly of new lab director and UT-Battelle's involvement with Oak Ridge High School. By: Paul Parson | Oak Ridger Staff paul.parson@oakridger.com Carl Kohrt said he is optimistic that UT-Battelle will continue operating Oak Ridge National Laboratory long past 2005. That's when the company's contract with the federal government ends. The Department of Energy, however, has the option of extending the deal or putting the contract out for rebid. "We'll know pretty soon," said Kohrt, president and chief executive officer of Battelle, which is partnered with the University of Tennessee to form UT-Battelle. DOE typically notifies its contractors about the fate of a contract about 18 months to a year before a deal ends. UT-Battelle's $2.5 billion, five-year contract to manage ORNL began in April 2000. Carl Kohrt talked about the future of ORNL during a visit to the lab Monday. Kohrt said UT-Battelle "absolutely" has a chance to continue its run, even if the company has to face other entities interested in the job. Steven Wyatt, a spokesman for DOE's Oak Ridge Operations office, said this morning that no decision has been made on the ORNL contract. He said it could be late spring before that happens. For the first three years UT-Battelle served as ORNL's manager, Bill Madia guided the company and lab. Last year, Madia left Oak Ridge for a job with Battelle headquarters in Columbus, Ohio, and Jeff Wadsworth replaced him as lab director in August. Kohrt said he thinks Wadsworth is doing a good job. In fact, the lab director has also received praise in the past from U.S. Rep. Zach Wamp, R-3rd District, and Gerald Boyd, manager of DOE's Oak Ridge Operations office. "It seems like the community has embraced him," said Kohrt. As for the former lab director, Kohrt said he didn't want to speculate whether or not he thought Madia had a chance to be the University of Tennessee's next president. Madia's name has frequently been mentioned in connection with the UT post, and he has been nominated for the position. "Bill is an outstanding scientist and leader," said Kohrt. "If I were UT, I'd be interested in keeping him on the list." In addition, Kohrt said he approves of UT-Battelle's efforts to help modernize Oak Ridge High School. The company has already contributed around $150,000 toward the effort. That includes paying for Heery International to do a study to help determine whether Oak Ridge needs a new high school or if the current building can be renovated. ***************************************************************** 73 GEM: Energy to open more nuclear lab contracts to competition Government Executive Magazine - 1/27/04 Energy January 27, 2004 By Amelia Gruber agruber@govexec.com The Energy Department plans to place four more nuclear facility management contracts up for bids, officials announced Tuesday. As required by a fiscal 2004 budget measure enacted last month (H.R. 2754), Energy will open contracts to run Ames, Argonne, Lawrence Berkeley and Lawrence Livermore laboratories to competition. The department has already said it will place the University of California's contract to operate Los Alamos National Laboratory up for bids once that agreement expires in 2005. The University of California runs Lawrence Berkeley and Lawrence Livermore laboratories in addition to Los Alamos. University officials were not surprised to see those facilities added to the list of labs vulnerable to competition, university spokesman Chris Harrington said Tuesday. While Energy Secretary Spencer Abraham formally announced the move in a Jan. 27 Federal Register notice, the department's 2004 budget, signed into law on Dec. 1, 2003, gave him little choice but to place the contracts up for bids, Harrington said. Under that legislation, Energy cannot spend 2004 budget dollars on "noncompetitive" management contracts. The University of California has never been forced to defend its contracts to manage Los Alamos, Lawrence Berkeley or Lawrence Livermore. University officials have not decided whether they will submit a bid to renew the contracts, Harrington said. But the university is ensuring that it would be well-positioned to compete, should it choose to do so, he added. As part of a continuing effort to improve management at Los Alamos, university officials are seeking advice from industry, Harrington said. Recently, university officials have entered into discussions with two potential "industrial partners," he said, that would like to "team with the university to strengthen business and operations." They would offer expertise in areas including financial management, procurement, supply chain management and human resources, he said. In 2002, two Los Alamos investigators accused lab managers of covering up widespread government purchase card abuse and obstructing investigations. Managers allegedly warned the investigators, Glenn Walp and Steven Doran, that they risked losing their jobs if they made the University of California look bad by exposing theft and fraud. A former computer analyst at Los Alamos in April 2003 claimed managers at the New Mexico facility purposely thwarted an e-mail monitoring program designed to prevent security leaks, at the university's request. The proposed industry partnership is one means of solidifying lab management and would help prepare the university to compete, should it attempt to renew its contracts, Harrington said. University officials will likely hold off on this decision until Energy publishes a request for proposals, he said. Energy has not yet decided on a time line for running the competitions, according to the Federal Register announcement. Under the 2004 budget law, the department could extend existing contracts up to two years in order to allow enough time to run a competition. Iowa State University, which runs Ames Laboratory, and the University of Illinois, which manages Argonne National Laboratory, will also need to defend their contracts against competitors. Ames laboratory is one of the smaller facilities on the list, and is unique among the laboratories in that it is located on the state university's campus, said spokesman Kerry Gibson. Many of the laboratory staff members are also on the university faculty, he said. The university has run the lab since its founding in 1947. "Given the logistics and the long history, I don't think that there's really much possibility of anyone else [besides Iowa State] running it," Gibson said. "At the same time, I think the university is taking the contract bidding quite seriously." ***************************************************************** 74 [du-list] DU in the news 28th Jan 04 Date: Tue, 27 Jan 2004 19:04:29 -0800 DEALING with Dirty Bombs: Plain Facts, Practical Solutions Heritage.org ... these substances into the US11 While it may or may not be easy to smuggle radioactive material into the United States, smuggling harmless depleted uranium ...(sic) <http://www.heritage.org/Research/HomelandDefense/bg1723.cfm> FIRE at weapons plant could result in fine for BWXT Y - 12 Oak Ridger ... Investigators concluded that the fire was caused by heat and steam generated from unreacted calcium, excess water and depleted uranium in an unvented container ... <http://www.oakridger.com/stories/012704/new_20040127043.shtml> MIDDLE East Needs Liberation , War Reparation and Justice - Not ... Media Monitors Network ... Half a million Iraqi children became the victim of the brutal economic sanction and Depleted Uranium over the last decade. What ... <http://usa.mediamonitors.net/content/view/full/4348/> 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 the Yahoo! Terms of Service. ***************************************************************** 75 Google News Alert - nuclear Date: Tue, 27 Jan 2004 19:46:41 -0800 (PST) APPLICATION filed to join Nuclear Suppliers Group China Daily ... As a signatory to the Nuclear Non-Proliferation Treaty, China strictly abides by its international obligations and has never supported, encouraged nor helped ... See all stories on this topic: http://news.google.com/news?hl=en&lr=&ie=UTF-8&oe=utf8&client=google&num=30&newsclusterurl=http://www1.chinadaily.com.cn/en/doc/2004-01/28/content_301182.htm LIBYAN Nuclear Weapons Program Material Flown to US Los Angeles Times (subscription) WASHINGTON -- Making good on his promise to dismantle his nuclear weapons programs, Libyan leader Moammar Gadhafi put about 55,000 pounds of sensitive ... See all stories on this topic: http://news.google.com/news?hl=en&lr=&ie=UTF-8&oe=utf8&client=google&num=30&newsclusterurl=http://www.latimes.com/news/nationworld/world/la-fg-uslibya28jan28,1,3436925.story%3Fcoll%3Dla-home-headlines PLANE with Libyan nuclear equipment arrives in US Xinhua 27 (Xinhuanet) -- An American C-17 transport plane carrying components and materials of Libya's nuclear weapons and missiles arrived in Tennessee, in the ... See all stories on this topic: http://news.google.com/news?hl=en&lr=&ie=UTF-8&oe=utf8&client=google&num=30&newsclusterurl=http://news.xinhuanet.com/english/2004-01/28/content_1289400.htm REPORT Slams Nuclear Facility Wired News Security guards at the country's leading nuclear storehouse have been cheating during antiterrorism drills -- perhaps for as long as 20 years, according to a ... See all stories on this topic: http://news.google.com/news?hl=en&lr=&ie=UTF-8&oe=utf8&client=google&num=30&newsclusterurl=http://www.wired.com/news/politics/0,1283,62052,00.html%3Ftw%3Dwn_tophead_1 LIBYAN Nuclear Components Arrive in US The Scotsman An American plane carrying components of Libya’s nuclear weapons programme has arrived in the United States. The plane landed ... See all stories on this topic: http://news.google.com/news?hl=en&lr=&ie=UTF-8&oe=utf8&client=google&num=30&newsclusterurl=http://news.scotsman.com/latest.cfm%3Fid%3D2459941 NUCLEAR utilities face deadline for radioactive waste lawsuits KRNV A rush of lawsuits is expected this week from utility companies suing the Energy Department for missing a 1998 deadline for opening a national nuclear waste ... See all stories on this topic: http://news.google.com/news?hl=en&lr=&ie=UTF-8&oe=utf8&client=google&num=30&newsclusterurl=http://www.krnv.com/Global/story.asp%3FS%3D1618014%26nav%3D8faOKRBw PAKISTAN investigates BCCI role in sale of nuclear knowhow Financial Times (subscription) ... records of the failed Bank of Credit and Commerce International in its investigation into the role Pakistani scientists may have played in selling nuclear ... PAKISTAN: nuclear secrets were sold Taipei Times Pakistan's government has made its clearest public statement yet that scientists of its secretive nuclear weapons program leaked technology and would face ... ISLAMABAD: Pakistan may charge national heroes in nuclear ... New Straits Times Pakistan’s probe into the sale of nuclear secrets to Iran and Libya has narrowed to seven scientists and military officers, as speculation mounted today that ... See all stories on this topic: http://news.google.com/news?hl=en&lr=&ie=UTF-8&oe=utf8&client=google&num=30&newsclusterurl=http://www.emedia.com.my/Current_News/NST/Wednesday/World/20040128074508/Article/indexb_html PAKISTAN defends nuclear record BBC News By Paul Anderson. Pakistan has defended its record as a nuclear-armed state, saying it has strong command-and-control systems. The ... See all stories on this topic: http://news.google.com/news?hl=en&lr=&ie=UTF-8&oe=utf8&client=google&num=30&newsclusterurl=http://news.bbc.co.uk/2/hi/south_asia/3434489.stm This daily-once News Alert is brought to you by Google News (BETA)... - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Remove this News Alert: http://www.google.com/newsalerts/remove?s=682e52ddd0720101&hl=en Create another News Alert: http://www.google.com/newsalerts?hl=en Try Google News: http://news.google.com/ ***************************************************************** NOTE: In accordance with Title 17 U.S.C. section 107 this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: *****************************************************************