***************************************************************** 03/10/04 **** RADIATION BULLETIN(RADBULL) **** VOL 12.60 ***************************************************************** 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 US: Salon: Pentagon cooked WMD books 2 Las Vegas SUN: Tenet Defends White House on Iraq 3 UK Independent: Tenet attacked over intelligence failures 4 Reuters: Iran Slams U.N. Nuke Resolution, Blames U.S. 5 BBC: Iran slams US nuclear 'bullying' 6 Las Vegas SUN: Iran to Resume Uranium Enrichmemt 7 Las Vegas SUN: S. Korea Demands N. Korea Dismantle Nukes 8 US: Oppose EPA Proposal to Weaken Rad Waste Standards! [Public 9 Reuters: Nuke watchdog commends Libya to U.N. Security Council 10 Reuters: Libya Signs Accord on Snap Nuclear Checks 11 Hi Pakistan: Cabinet takes up N-issue --> 12 Hi Pakistan: Powell denies deal over Khan issue --> 13 Hi Pakistan: Pakistan's N-programme under US watch since '70s -- 14 Hindu News: 'Shaheen-II test proves Pak. not rolling back nuke progr NUCLEAR REACTORS 15 US: NRC: NRC Announces Opportunity for Hearing on Application to Ren 16 US: NRC: Tennessee Valley Authority, Browns Ferry Nuclear Plant, Uni 17 US: NRC: Tennessee Valley Authority; Browns Ferry Nuclear Plant, Uni 18 US: NRC: Workshop To Discuss Combined License Topic 10 (COL-10), 10 19 AU SMH: Powers tap into China's nuclear energy plans - 20 US: NYT: Progress for Indian Point, and a Setback for Its Critics 21 Korea Herald: Sweden backs talks on nuclear solution 22 BBC: Power cuts 'could hit UK by 2006' 23 UK Times Business: Power failure 24 CBW: Experts warn of hasty nuke plans 25 US: JOURNAL NEWS: Entergy snares kudos 26 US: UPS: PSEG Nuke Safety Whistleblower to Speak at 3/28 Unplug Sale 27 US: Brattleboro Reformer: Senate panel calls for ISA 28 US: Brattleboro Reformer: Expert raps VY uprate NUCLEAR SAFETY 29 Herald: Officers in nuclear submarine crash given reprimands NUCLEAR FUEL CYCLE 30 US: [RADMETAL] Oppose EPA Proposal to Weaken Rad Waste Standards! 31 US: FR: Idaho: EPA rule on waste 32 US: NYT: Toxic Dumping Ground Looks to Spread the Pain 33 Las Vegas SUN: Scientists detail Yucca water threat 34 Las Vegas SUN: Yucca official to address failed protection of worker 35 US: WOWT: Waste Site Considered 36 RGJ: Your Turn: Safety is why we oppose Yucca Mountain 37 RGJ: DRI staff say climate might not be stable at Yucca 38 US: Sioux City Journal: Building nuclear waste dump may get Nebraska 39 AU ABC: Minister rejects nuclear waste transport claims NUCLEAR WEAPONS US DEPT. OF ENERGY 40 Savannah River: An Effort on Atomic Waste Is Called a Failure 41 DOE: Office of Science Financial Assistance Program Notice DE-FG01- 42 DOE: Environmental Management Site-Specific Advisory Board, Hanford 43 Seattle Post-Intelligencer: Group sees new role for Hanford - Museum 44 Seattle Times: A dumping ground? Report raises concerns 45 Tri-City Herald: National park status sought for B Reactor 46 Tri-City Herald: State Ecology director rebukes DOE 47 Las Vegas SUN: Nevada to get team for WMD response 48 Paducah Sun: DOE workers tests adds beryllium - OTHER NUCLEAR 49 Google News Alert - nuclear 50 Google News Alert - nuclear 51 Las Vegas SUN: Federal official says West water woes likely to conti 52 NRC: Advisory Committee on the Medical Uses of Isotopes: Meeting 53 Las Vegas RJ: Reid airs opinions on Democratic ticket ***************************************************************** ***************************************************************** FULL NEWS STORIES ***************************************************************** ***************************************************************** 1 Salon: Pentagon cooked WMD books Date: Wed, 10 Mar 2004 18:17:57 -0600 (CST) Dear MoveOn member, Salon.com has just broken a major story detailing how the Pentagon created a special office to manipulate intelligence data on Iraq and WMDs. It's written by Karen Kwiatkowski, a military officer who watched this unit at work, telling us the inside story in her own words. Click here to read the full story: http://www.salon.com/opinion/feature/2004/03/10/osp_moveon/ The Salon story makes it even clearer than before that the Bush administration deliberately misled us in the run-up to the war in Iraq a year ago. The problem was not bad intelligence -- it was deliberate distortion of the facts. It's Congress' duty to hold President Bush accountable for misleading us. Please call your Senators and Representative now: Senator Christopher S. Bond Washington, DC: 202-224-5721 Senator Jim Talent Washington, DC: 202-224-6154 Congressman Kenny C. Hulshof Washington, DC: 202-225-2956 Make sure they know you're a constituent, then urge them to: "Censure President Bush -- formally reprimand him for misleading us about Iraq's WMDs." Give them some reasons why Censure is necessary. Some good ones include: - 553 American soldiers have given their lives in Iraq; - Tens of thousands of our troops remain in harm's way there; - A year later, we seem to have no exit strategy; - Thousands of Iraqi civilians have been killed; - The President took us to war based on assertions he knew were untrue -- for more info, see http://www.moveon.org/censure/ad-doc.html ; - Congress has a constitutional duty to act as a check on the president. Please let us know you're calling, at: http://www.moveon.org/callmadeall3.html The new Salon story is important, not only because of its revelations about how the Pentagon cooked the books on WMDs, but also because it's the first piece by Salon's new Washington, D.C. bureau. Strong, independent news sources are more important now than ever, as traditional media become increasingly concentrated under the control of just a few corporations, and with major outlets like CBS nakedly kowtowing to Republican interests. In this context, Salon's new Washington, D.C. bureau is a major step forward for all of us. We hope you'll take a few minutes to read their important article today. You can access it at: http://www.salon.com/opinion/feature/2004/03/10/osp_moveon/ Thank you. Sincerely, - Carrie, Joan, Noah, Peter, and Wes The MoveOn.org team Wednesday March 10th, 2004 _______________ ***************************************************************** 2 Las Vegas SUN: Tenet Defends White House on Iraq ASSOCIATED PRESS WASHINGTON (AP) - CIA Director George Tenet told skeptical Democrats he believes policy-makers are entitled to flexibility in how they interpret and describe intelligence and that it is not his role to second-guess them in public. "At the end of the day, they make policy judgments and they talk about things differently," Tenet told the Senate Armed Services Committee on Tuesday. He said he has spoken with administration officials privately when he questioned the accuracy of their public statements, but disagreed with Democratic assertions that the Bush administration misrepresented intelligence about Iraq's weapons to make the case for war. Tenet appeared before the panel to present his annual worldwide threat assessment, but much of the hearing focused on whether he is responsible for publicly correcting officials who make false or misleading statements on intelligence. Though he generally did not discuss when he had spoken to administration officials about their intelligence statements, Tenet said he contacted Cheney after the vice president had said in an NPR interview in January that trailers seized in Iraq probably were biological weapons labs. Intelligence agencies now doubt that was the case. Last month, Tenet said in a speech at Georgetown University that intelligence analysts had not claimed before the war that Iraq was an imminent threat, although they had described how Saddam was continuing programs that could have threatened U.S. interests. Democrats allege that the Bush administration misconstrued intelligence to argue its case for war. Their criticism intensified after the former chief arms inspector, David Kay, said in January that deposed Iraqi President Saddam Hussein was unlikely to have had weapons stockpiles or an advanced nuclear program before the war last year. They particularly fault the Pentagon's Office of Special Plans for allegedly presenting a distorted picture of Saddam's weapons and ties to al-Qaida. Some of Tuesday's toughest questioning came from Sen. Edward Kennedy, D-Mass., who last week chastised Tenet for not coming forward earlier to "set the record straight." "You can't have it both ways, can you, Mr. Tenet?" Kennedy said, contrasting that speech to Tenet's refusal to describe steps he took to correct statements made by administration officials. Tenet said, "I'm not going to sit here today and tell you what my interaction was. What I did, what I didn't do," Tenet said. "When I believed that someone was misconstruing intelligence, I said something about it. I don't stand up in public and do it." When Tenet said policy-makers don't use precisely the same words as intelligence analysts, Kennedy said, "I'm not talking about parsing words. We're talking about words that are basically warmongering." Kennedy asked if Tenet believed the administration had misrepresented facts to justify the war. "No, sir, I don't," Tenet said. Sen. Carl Levin of Michigan, the panel's top Democrat, noted a Jan. 9 interview with the Rocky Mountain News in which Cheney referred to a Weekly Standard article on links between al-Qaida and Saddam Hussein. That article was based on a classified Defense Department assessment that was later retracted by the Pentagon. Tenet said he wasn't aware of Cheney's comments until Monday night. "I will talk to him about that," he said. Levin suggested that Tenet should have been aware earlier of Cheney's statements. "It seems to me there's got to be someone in your office who is going to say to you, `You know, the vice president said something which just doesn't have our support." Tenet replied, "Sir, it's a fair point." Committee Chairman John Warner, R-Va., sought to fend off Democrats' insistence that Tenet monitor and correct the statements of administration officials. "In the end, he is not their keeper," he said. -- ***************************************************************** 3 UK Independent: Tenet attacked over intelligence failures By Rupert Cornwell in Washington 10 March 2004 George Tenet, the CIA director, rejected charges yesterday from senior Democrats that he made no effort to stop the Bush administration making false claims about the threat represented by Saddam Hussein and his alleged weapons of mass destruction. During a hearing of the Senate Armed Services Committee, Mr Tenet told one of his fiercest critics, Senator Edward Kennedy: "I do the intelligence and they [the President and his top officials] take the intelligence, assess the risk and make a policy judgement." Pointing to the CIA's pre-war view that Saddam did not pose an imminent threat, the Massachusetts senator cited several instances of what he termed war-mongering by Mr Bush, the Defence Secretary Donald Rumsfeld and other officials. "What is your responsibility," he asked, "when you hear the President or the Secretary of Defence use such overheated rhetoric?" With Iraq intelligence set to be an issue in the autumn general election campaign, the questioning of Mr Tenet predictably broke along party lines. Republicans generally heaped praise on him, and Democrats argued that he did not do enough to prevent pre-war intelligence being exaggerated. They also suggested that the man who theoretically runs the US intelligence establishment had been blindsided by a special Pentagon intelligence gathering unit, feeding much more aggressive assessments directly to Vice-President Dick Cheney. Once again Mr Tenet, whom many Republicans would like to make the scapegoat for the Iraq WMD fiasco, had to walk a fine line, defending the actions of the White House but insisting that the CIA had behaved honourably. He was challenged by Carl Levin of Michigan, the senior Democrat on the committee, who listed disparities between the secret October 2002 National Intelligence Estimate (NIE) on Iraq's weapons capability and the "scarier" assessment in a White Paper published soon afterwards. Mr Levin said that doubts expressed in the NIE had been "buried" in the White Paper and a host of qualifiers had been omitted on specific issues, from Iraq's chemical capabilities to its alleged efforts to buy uranium from Africa, and claims that Saddam would give WMDs to terrorists plotting attacks on the US. He said: "Why was the scepticism left out of the White Paper? Was it because of pressure from the Pentagon's Office of Special Plans?" Whatever the reason, the global credibility of the US had "taken a very big hit". There was now less support around the world for the US and for the war on terror, he said. Mr Bush has appointed a commission to examine pre-war intelligence on Iraq. But it will only report in early 2005, after the election. Democrats will do their utmost to keep the issue in the public eye. Suspicions that the administration misled the public over Iraq have helped dent the President's popularity. Two polls yesterday showed him trailing John Kerry, his probable Democratic opponent in November, by between six and eight points. UK Independent Ltd. ***************************************************************** 4 Reuters: Iran Slams U.N. Nuke Resolution, Blames U.S. Wed Mar 10, 2004 05:38 AM ET VIENNA (Reuters) - Iran's ambassador to the United Nations in Vienna said Wednesday a draft U.N. nuclear resolution on Iran was the result of U.S. "bullying." "We expected more from our European colleagues," Pirooz Hosseini told reporters, describing the U.S. approach to discussions in the U.N. atomic watchdog's governing board as an "act of bullying." The United States said earlier that a resolution to be submitted to the watchdog's board would signal to Iran it would be punished if it defied the agency, but stopped short of reporting Tehran to the U.N. Security Council for possible sanctions. ***************************************************************** 5 BBC: Iran slams US nuclear 'bullying' Last Updated: Wednesday, 10 March, 2004 [Iran's Bushehr nuclear plant under construction] Iran says the world must accept its nuclear status Iran has accused the US of "bullying" the UN's nuclear watchdog into drafting a resolution censuring Tehran over its nuclear programme. Iran's foreign minister warned that Tehran may end co-operation with the International Atomic Energy Agency if Europe did not resist the US. Kamal Kharrazi also insisted Iran would resume its uranium enrichment programme after resolving its case with the IAEA. IAEA chief Mohamed ElBaradei warned such a move could prove very damaging. "Iran has been in breach of its (nuclear non-proliferation) obligations for many years and we need to build confidence," Mr ElBaradei said. "I think suspension is a confidence-building measure and, as I said, Iran needs to do everything possible right now to create the confidence required." We advise the Europeans respect their obligations and to resist American pressure [ src=] Kamal Kharrazi Iranian foreign minister The IAEA's 35-nation board is meeting in Vienna this week to decide how to deal with Iran's failure to fully disclose its nuclear activities. The IAEA's draft resolution on Iran reportedly compares Iran and Libya, saying both countries got nuclear equipment "from the same foreign sources". However, the body has praised Libya for scrapping its nuclear weapons programme. Libya praised The agency's board of governors passed a resolution "applauding the decision by [Libya] on 19 December 2003" to renounce its weapons of mass destruction programme. For its part, Libya has signed an additional protocol to the Nuclear Non-Proliferation Treaty (NPT) allowing snap inspections of its nuclear facilities. Speaking to reporters after a cabinet meeting in Tehran, Mr Kharrazi said the analogy between Libya and Iran was "incorrect". [Centrifuge] The inside of a ga centrifuge [http://news.bbc.co.uk/2/hi/in_depth/world/2003/nuclear_fuel_cycl e/mining/default.stm] [http://news.bbc.co.uk/2/shared/spl/hi/world/03/nuclear_powers/ht ml/default.stm] "Libya has officially announced that it was pursuing nuclear weapons and this is a violation of the NPT, but Iran has not been pursuing nuclear weapons and [has] not violated the NPT," he said. The US has accused Iran of pursuing a clandestine programme to develop nuclear weapons and wants the matter brought before the UN Security Council, which could impose sanctions on Iran. The BBC's Miranda Eeles in Tehran says in the draft, the US has reportedly agreed to tone down its criticism in order to win European support for a demand that Iran divulge more about its nuclear programme. Return to production Iran's ambassador to the IAEA, Pirooz Hosseini, said the draft was "an act of [American] bullying and putting pressure on the others". Mr Kharrazi admonished Britain, France and Germany for backing the draft - which also praises Iran for its co-operation - after they signalled they would block a resolution in return for Iran's continued compliance with the IAEA. "We advise the Europeans to respect their obligations and to resist American pressure, otherwise there is no reason for co-operation to continue," he told reporters. The foreign minister said Iran intended to resume its uranium enrichment programme, which it pledged last October to suspend, "when relations with the IAEA are normalised". BBC regional analyst Sadeq Saba says much of Iran's threatening rhetoric in defending its nuclear programme appears to be for internal consumption. He says Tehran's more confrontational approach comes after the conservatives' victory in parliamentary elections in February altered the balance of power. Our analyst says the conservatives know that in the eyes of ordinary Iranians, the country's nuclear programme is a source of power and pride, and they want to show that they do not bow to outside pressure. ***************************************************************** 6 Las Vegas SUN: Iran to Resume Uranium Enrichmemt By ALI AKBAR DAREINI ASSOCIATED PRESS TEHRAN, Iran (AP) - Iranian ministers said Wednesday that the country's defense industries had built low-level nuclear centrifuges, and that Tehran would resume uranium enrichment once its problems with the International Atomic Energy Agency were resolves. Defense Minister Ali Shamkhani told reporters that Iran's military industries, which also build parts and machinery for the civil sector, had produced the relatively unsophisticated P-1 centrifuges. But he said Iran had not been involved in producing more advanced P-2 models, used in producing weapons-grade enriched uranium. "It is no secret. We have produced P-1, not P-2, contrary to U.S. allegations," Shamkhani said, when asked if the military was involved in any nuclear production. "It's natural in the world that defense industries produce civilian parts. We in the defense industries produce parts for civilian planes, vehicle parts and even television sets," he said. "We have also produced some parts for Iran's nuclear energy program including P-1," he said. Iran has acknowledged having thousands of the less-advanced P-1 centrifuges. Foreign Minister Kamal Kharrazi, meanwhile said that Iran will resume uranium enrichment once its problems with the IAEA are over, and warned European partners it could end nuclear cooperation if they fail to support Tehran. The comments to reporters by both ministers came as a key meeting of the U.N. atomic agency in Vienna moved closer to agreement Wednesday, after the United States and key European powers agreed to praise Tehran's increased openness about its nuclear programs but criticize it for continuing to hide some suspicious activities. "It's our legitimate right to enrich uranium," Kharrazi said after a Cabinet meeting in the Iranian capital Tehran. "We suspended uranium enrichment voluntarily and temporarily. Later, when our relations with the IAEA returns to normal, we will definitely resume (uranium) enrichment," Kharrazi said. Undeclared uranium enrichment by Iran was one of the reasons behind an IAEA probe of Iran's nuclear facilities. The IAEA is holding a meeting on Iran in Vienna, at which the United States had insisted that Iran be declared in breach of its international agreements, including uranium enrichment and plutonium processing. U.S. officials say those activities point to a nuclear weapons agenda. In the draft, United States compromised with Britain, France and Germany to tone down criticism of Iran's continued nuclear secrecy and give some praise of Tehran's willingness to open its programs to outside perusal. Kharrazi also warned that Iran could end nuclear cooperation, and called on its European partners to resist U.S. pressure at the Vienna meeting. "We recommend the three European countries to remain committed to their obligations (toward Tehran) and resist U.S. pressures if they want the project of cooperation between Iran and them to lead to results," Kharrazi said. He warned that Iran would stop cooperating with the three nations if they fail to support Iran. "Cooperation is a two way street. If they don't fulfill their obligations, there is no reason for us to cooperate," he said. The draft made available to The Associated Press noted "with the most serious concern" that past declarations made by Iran "did not amount to the correct, complete and final picture of Iran's past and present nuclear program." It criticized Iran for "failing to resolve all questions" about uranium enrichment, which can be used to make weapons, saying it "deplores" this lapse. Kharrazi accused the IAEA of giving in to U.S. pressure. "The U.S. wants to use every opportunity to pressure Iran and pursues its own strategy. Despite the fact that we have offered maximum cooperation with the IAEA ... unfortunately, the agency is sometimes influenced by the U.S., while it should maintain its technical and professional identity," Kharrazi said. The United States insists Iran wants to make nuclear weapons and wanted the meeting to condemn it for not fully living up to pledges to reveal all past and present nuclear activities. But the Europeans wanted to focus on Iranian cooperation that began after the discovery last year that Tehran had plans to enrich uranium and secretly conducted other tests with possible weapons applications over nearly two decades. An enrichment program would be necessary for producing nuclear weapons, which Iran repeatedly has said is not its intent. Low enriched uranium is used as a fuel for electricity generating in nuclear power plants. -- ***************************************************************** 7 Las Vegas SUN: S. Korea Demands N. Korea Dismantle Nukes By JAE-SUK YOO ASSOCIATED PRESS SEOUL, South Korea (AP) - South Korea demanded on Wednesday that North Korea dismantle not only its nuclear weapons program, but also its atomic power-generating reactors, saying the communist North had failed to win trust that it would not use such reactors to develop weapons. For its part, North Korea said it would keep atomic programs for peaceful purposes, and threatened to strengthen nuclear deterrent forces, a South Korean news report said. The communist North made similar comments last month, shortly after a second round of six-nation talks aimed at ending Pyongyang's nuclear programs. The talks ended without a significant progress. "The reckless position of the U.S. will ... have us expand our nuclear deterrence," the state-run KCNA news agency quoted a North Korean Foreign Ministry spokesman as saying. "We will keep taking necessary measures at a speeder pace while the U.S. continues to drag its feet on the nuclear issue," KCNA, monitored by South Korea's Yonhap news agency, also quoted the unidentified spokesman as saying. He didn't elaborate. The North was willing to scrap its nuclear weapons program if Washington dropped its "hostile policy" toward Pyongyang, he said, but even then would maintain "peaceful nuclear activities." Earlier Wednesday, South Korean Foreign Minister Ban Ki-moon said a major obstacle at the six-nation talks was the North's insistence on keeping what it calls a "peaceful nuclear power-generating program." Washington had insisted on a "complete, verifiable and irreversible dismantling" of all the North's nuclear facilities, saying the country had previously flouted international treaties by using a nuclear reactor to develop weapons. North Korea is suffering from chronic energy shortages, especially since the United States and its allies suspended free fuel oil shipments amid the nuclear standoff. "Our position is that North Korea should get rid of all its nuclear programs and all its nuclear materials," Ban said during a news conference. Ban, who returned Monday from trips to Washington and Tokyo, said the United States and its allies might tolerate a nuclear power-generating program in North Korea if it holds up its end of the deal and rejoins the international Nuclear Nonproliferation Treaty. "Right now, the international community doesn't have trust in North Korea," Ban said. The treaty is designed to prevent nuclear weapons proliferation. Its members can run nuclear power plants under the monitoring of the U.N. International Atomic Energy Agency. Since the nuclear standoff flared in late 2002, North Korea withdrawn from the treaty, restarted nuclear facilities frozen under a 1994 deal with Washington and said it has reprocessed all of its 8,000 spent nuclear for bombmaking. North Korea runs a 5-megawatt nuclear power plant and has two bigger reactors under construction. It insists it will keep using its reactors for power generation, but the United States says those reactors could produce bomb materials. The nuclear crisis began when the United States accused North Korea of secretly running a uranium-based nuclear weapons program in addition to plutonium-based facilities frozen under the 1994 accord Ban also dismissed North Korea's recent demand that Washington withdraw its 37,000 U.S. troops based in South Korea and provide a guarantee that U.S. troops won't invade the communist state. He called the deployment of U.S. troops in South Korea a bilateral matter between Seoul and Washington. He said other participants in the six-nation nuclear talks - the United States, China, Russia, Japan and South Korea - will provide a joint security guarantee to North Korea once it eliminates its nuclear facilities. -- ***************************************************************** 8 Oppose EPA Proposal to Weaken Rad Waste Standards! [Public Date: Wed, 10 Mar 2004 14:11:55 -0800 *** Apologies for cross-posting *** !!! A C T I O N A L E R T !!! March 10, 2004 Tell the EPA to withdraw its proposal to allow nuclear waste to be dumped in standard, community landfills or other non-licensed facilities! The U.S. Environmental Protection Agency (EPA) has issued an advance notice of proposed rulemaking regarding the "management and disposal of low-activity radioactive waste" that creates the possibility for dangerous nuclear waste to be disposed in dumps and landfills that are not licensed for or designed to contain it. This would permit certain radioactive wastes to be treated as if they were actually non-radioactive, and therefore exempt from standards designed to isolate and contain radiation, and prevent forced radiation exposures to the public. Tell the EPA to retract this harmful, regressive policy! The deadline for submission is midnight on March 17.* Submit prepared comments to the EPA via Public Citizen's Web site at this URL: http://action.citizen.org/pc/issues/alert/?alertid=5325981 (Sample comments are available on this page, which you may send as-is or modify if you so choose.) Why would the EPA, the primary federal agency with the stated mission "to protect human health and to safeguard the natural environment," actually suggest that we roll back existing regulations on the management of nuclear waste materials? One major reason that the agency would suggest that a "non-regulatory approach" for managing nuclear waste be considered is that such an approach could save the nuclear industry millions of dollars, since it always costs less money to dump nuclear waste in a regular community landfill (where your household trash is sent) than it does to properly store the waste in a licensed facility. The EPA worked with the Nuclear Regulatory Commission (NRC) -- the federal agency charged with regulating nuclear reactors, materials, and wastes, which originated the reckless concept that some nuclear wastes are "Below Regulatory Concern" -- in developing this proposed rulemaking. This could explain why the EPA is interested in "partnering" with nuclear waste generators to find creative ways to ease the "regulatory burden" on such companies. The NRC has developed a reputation as an agency that coddles the industry it is supposed to be regulating. If the EPA works with the NRC on nuclear waste matters, a move towards deregulation should not be unexpected. There are several distinct problems with EPA's rulemaking proposal: (1) It introduces an option to allow mixed radioactive and hazardous wastes to be dumped in facilities that have permits only for hazardous wastes. This is unacceptable, since hazardous waste dumps are not designed to isolate and contain radiation, and there has not been substantial research into how radioactive and chemical pollutants react synergistically in the environment and the human body. (2) It introduces an option to allow radioactive waste (that is not mixed with hazardous) to go to sites that do not have licenses or regulations for handling it, such as standard garbage dumps (sometimes known as "sanitary landfills"), incinerators, or hazardous sites. Without maintaining specific, stringent regulations at facilities that can accept radioactive waste, adjacent communities face the hazard of radioactive contamination, as many existing facilities leak. (3) The EPA's "non-regulatory approach" to managing waste by "partnering" with nuclear waste generators works to protect industry, not the public. EPA's notice of proposed rulemaking does not describe how nuclear fuel cycle radiation will be isolated and contained from the environment and human contact for its entire hazardous lifetime. Further, the notice does not explain how the newly suggested approaches for managing waste will serve to further the EPA's mission "to protect human health and to safeguard the natural environment," whereas it is clearly noted that simplification and reduction of the "regulatory burden" are desired goals. No regulatory barriers are described that would prevent the nuclear wastes at issue from going to recycling facilities and contaminating the recycling streams which feed the production of everyday household items like cookware, toys, cars, and furniture. No barriers are described that would keep commercial projects such as roads, bridges and buildings free of this contamination. (4) The EPA's proposal merges with, and would facilitate, the NRC's own rulemaking to deregulate and release radioactive waste materials from control, a process ironically called "Control of Solids." The two agencies are working to redefine radioactive materials/waste, using industry-friendly science that plays down health and environmental concerns, so that waste which has heretofore been regulated and contained can be released to unlicensed landfills, incinerators or even recyclers, where it would have routine contact with the public and the environment. Two other agency-based campaigns of regulatory rollback will also increase the risk of forced radiation exposures to the public: 1.The NRC and the Department of Transportation have recently finalized new transport regulations that will exempt various levels of hundreds of radionuclides from regulatory control during transit. Any wastes that do not require regulation, labeling, manifesting, or other controls during transport will be easier for waste generators to get rid of, after the wastes leave the point of production. Considering heightened terrorist concerns in a post-9/11 world, it is particularly disturbing that additional unregulated materials could be on roads, rails, barges and aircraft, providing further fuel for dirty bombs. 2.The Department of Energy is in the midst of a Programmatic Environmental Impact Statement to address the release of radioactive metals from its sites. Right now, it is important that you send your comments to the EPA so that the agency terminates any plans to foster deregulation of "low-activity" radioactive wastes, and dump them in landfills. Submit comment to the NRC here: http://action.citizen.org/pc/issues/alert/?alertid=5325981 Public Citizen's full comments to the EPA will be posted soon on our "Radioactive Recycling" Web site: http://snipurl.com/50ba * The EPA comment period may be extended, per requests from Public Citizen and other groups. We will notify you in this eventuality. ___________________ Joseph P. Malherek Policy Analyst Critical Mass Energy and Environment Program PUBLIC CITIZEN 215 Pennsylvania Ave SE Washington, DC 20003 Phone: 202-454-5109 Fax: 202-547-7392 E-mail: jmalherek@citizen.org ***************************************************************** 9 Reuters: Nuke watchdog commends Libya to U.N. Security Council Wed Mar 10, 2004 07:05 AM ET VIENNA (Reuters) - The governing board of the U.N. nuclear watchdog passed a resolution on Wednesday that praises Libya for dismantling its secret nuclear weapons programme and commends Tripoli to the Security Council. Diplomats said the resolution noted Libya's past nuclear activities had put it in breach of the nuclear Non-Proliferation Treaty (NPT) but applauded its current disarmament moves. Although the Security Council has the power to impose economic sanctions, the resolution reports Libya to the Council purely for informational purposes and does not call for any punitive measures. The text of the resolution begins by "applauding the decision by (Libya) on December 19, 2003" to renounce its weapons of mass destruction programmes. It also requests IAEA chief Mohamed ElBaradei "to report the matter to the Security Council... commending" the North African state. The resolution says the report is "for informational purposes only". The move marks the latest stage of Libya's international rehabilitation following the surprise December announcement to give up banned weapons and cooperate with the United States and Britain to disarm. Later on Wednesday, Libya was expected to sign the IAEA's Additional Protocol permitting snap inspections under the nuclear NPT. [http://www.reuters.com] ***************************************************************** 10 Reuters: Libya Signs Accord on Snap Nuclear Checks Wed Mar 10, 2004 08:31 AM ET By Mark Trevelyan and Louis Charbonneau VIENNA (Reuters) - Libya took a fresh stride toward international rehabilitation Wednesday by signing an agreement allowing the U.N. atomic watchdog to conduct snap inspections of nuclear facilities. "This is a step by Libya to be clean of all nuclear weapons and weapons of mass destruction," Scientific Research Minister Maatoug Mohammed Maatoug said after signing the accord with Mohamed ElBaradei, head of the International Atomic Energy Agency. ElBaradei told reporters: "Libya's decision could be, and should be, a first step toward an Africa and Middle East free from weapons of mass destruction and at peace." Earlier, the IAEA's governing board passed a resolution praising Libya for dismantling its secret nuclear weapons program and commending Tripoli to the Security Council. Diplomats said the resolution noted Libya's past nuclear activities had put it in breach of the nuclear Non-Proliferation Treaty (NPT) but applauded its current disarmament moves. The moves marked significant fresh steps by Libya -- long branded as a rogue state for sponsoring attacks like the 1988 Lockerbie airline bombing -- to reintegrate itself into the international community. Tripoli made the surprise announcement last December it was abandoning all WMD programs and would cooperate with the IAEA, the United States and Britain to dismantle them. Saturday, Libya dispatched a shipload to the United States containing all the equipment believed to remain from its nuclear weapons program, along with longer-range missiles and launchers. Monday, the IAEA supervised an airlift from Tripoli to Russia of 80 percent enriched uranium from a reactor near the capital. The agency said the metal was almost pure enough to be used in a nuclear weapon. Asked if there would be further shipments of uranium or nuclear-related equipment, Maatoug told reporters: "There's nothing still to be removed." Under the additional protocol, IAEA inspectors can obtain short-notice access to any declared or undeclared sites where nuclear material may be present, in order to check for evidence of banned weapons activity. In recognition of Libya's efforts, the Bush administration announced last month it would allow U.S. oil firms to begin negotiating to resume operations, long banned under U.S. sanctions. It also eased restrictions on American travel to Libya and decided to let the North African country establish a diplomatic presence in Washington following a U.S. decision to base several of its own diplomats in Tripoli. ***************************************************************** 11 Hi Pakistan: Cabinet takes up N-issue --> March 10 2004 ISLAMABAD, March 9: The defence committee of the cabinet discussed on Tuesday the nuclear proliferation activities carried out by some Pakistani scientists and the ongoing operation against Al Qaeda and Taliban fugitives in the tribal areas. The meeting was presided over by Prime Minister Mir Zafarullah Khan Jamali to discuss national defence, taking cognizance of international, regional and national developments and took some policy decisions. The committee was briefed about the successful test of Shaheen II missile. A briefing was also given about the investigations conducted by Lt-Gen Khalid Kidwai of the Strategic Planning Division after Islamabad received a letter from the International Atomic Energy Agency (IAEA) pointing fingers at some Pakistani nuclear scientists. Copyright 1996-2002 . Hi Pakistan. All rights reserved. ***************************************************************** 12 Hi Pakistan: Powell denies deal over Khan issue --> March 10 2004 WASHINGTON, March 9: US Secretary of State Colin Powell described Dr A.Q. Khan on Tuesday as "the biggest nuclear proliferator ever" but rejected allegation that the United States let him off the hook to please Pakistan. In two separate television and radio interviews, Mr Powell defended President Pervez Musharraf's decision to pardon Dr Khan as a move that allowed the US to learn as much as it could about his network. "There are questions about why the United States didn't come down harder on Pakistan for the actions of Dr Khan, arguably the biggest nuclear proliferator ever? Did the US administration just ignore this, as some contend," Mr Powell was asked. "No, we didn't ignore it at all. He was, perhaps, the biggest proliferator ever. He is not any more. And the US provided information and intelligence to President Musharraf as to the nature of Dr Khan's activities, and we worked with President Musharraf to make sure that all of these activities became public and were taken into account, and action was taken." "And what President Musharraf did was confront Dr Khan and his associates, interrogate them, get the information, cause Dr Khan to go on public television and acknowledge what he had been doing over these years, and we are getting a steady stream of information as to the nature of that network; and the network's being pulled up. And you can see the results already in places like Libya and in other countries," said Mr Powell. Dr Khan is a very prominent figure in Pakistan who is considered a national hero because he helped Pakistan develop its nuclear weapons some years ago, said Mr Powell while explaining why President Musharraf had to pardon him. "And so President Musharraf, having destroyed the Khan network and causing Dr Khan to acknowledge his efforts, has decided that he had to offer to Dr Khan a conditional amnesty, conditional meaning that it can be taken away," he added. "So we continue to get information. Our goal was to destroy the network, and the network is destroyed and all elements of that network are being ripped up; all of its roots and branches are being pulled up and cut down. And what ultimately happens to Dr Khan is a matter for the Pakistanis to decide." Rejecting the suggestion that the US was too mild in dealing with Pakistan on this issue, Mr Powell said: "We came down very, very firmly with the Pakistanis on the need for them to help us and to help themselves totally pull up that network, and that's what the Pakistanis have done." Copyright 1996-2002 . Hi Pakistan. All rights reserved. ***************************************************************** 13 Hi Pakistan: Pakistan's N-programme under US watch since '70s --> March 10 2004 ISLAMABAD: The United States was trying as far back as the 1970s, when Pakistan's nuclear programme was in its infancy, to apply pressure on China, France, Germany, South Africa, Niger, Canada and others to dry up the supply lines to Islamabad, official documents reveal. A July 14, 1977 secret US memorandum titled "Nuclear Safeguards - Pakistan, South Africa, China" details the steps taken by Canada, France, Germany and Niger, on US prodding, to stop the development of Pakistan's nuclear weapons programme. The memorandum said: "The primary matter of concern with regard to Pakistan then, is not safeguards, which seem likely to be required by both South Africa and the FRG (Federal Republic of Germany) but the availability of fuel fabrication services. By constraining Pakistani access to nuclear fuel services wherever possible, pressure can be built up to encourage Pakistan to adopt and follow responsible nuclear non-proliferation policies, including cancellation or indefinite deferral of its reprocessing project." According to the same document, Pakistan did not seem to have an immediate need for supplies of South African uranium because it concluded an arrangement with Niger for the supply of uranium concentrate. "In addition to raw uranium yellow-cake, however, Pakistan needs fuel fabrication services to replace assistance formerly supplied by Canada, which terminated nuclear cooperation with Pakistan pending agreement to apply more stringent safeguards and to cancel the planned reprocessing plant being purchased from France," the secret memorandum said. "Pakistan has also asked the French to provide fuel fabrication services, but the French have refused, apparently reflecting their heightened concern about nuclear proliferation..." the document revealed. A 1979 document regarding a briefing of the International Atomic Energy Agency director-general Eklund about Pakistan's sensitive nuclear activities also quotes a US diplomat as detailing the steps taken to starve supplies to Pakistan's nuclear programme. "We had been in contact with other suppliers and had met with some success in closing off sales of centrifuge components," the official said. In the same briefing, the IAEA director-general passed on documents received by the nuclear watchdog from Pakistan to the US and "wondered if effective economic pressure could be exerted on Pakistanis given their access to Muslim oil money." Among one of the strategies devised during the meeting, the document shows, was to manoeuvre the "responsible countries of the world to put enough pressure on Pakistan to stop the programme." Cancellation of the proposed French sale of Mirage aircraft to Pakistan and economic pressures were discussed as possible ways to mount such pressure. During discussions, the document shows, the IAEA director- general said "he thought (French President) Giscard, who had brought about several changes in French non-proliferation policy in the past two years might agree to pressure Pakistan." A January 10, 1984 memorandum from the then US assistant secretary of state for East Asian and Pacific Affairs, Paul Wolfowitz, to deputy secretary of state Kenneth Dam, details the reasons which led China to give an assurance that it would not facilitate proliferation of explosive nuclear devices. Paul Wolfowitz, currently deputy secretary of defence in the Bush administration, observed in the memorandum: "Zhao intends to make a statement on non-proliferation in his toast at the state dinner, January 10. This statement together with the clarifications of Chinese negotiators resolve the concern which arose from past Chinese assistance to Pakistan." As Pakistan was progressing towards its attainment of nuclear deterrence, documents show that multinational companies were reluctant to repair some of the technical faults in the nuclear power plants in Karachi and Islamabad, while at the same time apparently sharing information with US operatives about their observations, during visits for maintenance. According to a US department of defence document, "At Kanupp (Karachi) both turbine and generator control instruments are badly in need of maintenance or replacement. Because they were originally provided by Hitachi, Pakistan sought Hitachi's help and the later sent two technicians to have a look at the equipment." Finally, however, because of the potential for applications to nuclear weapons production, Pakistan's failure to sign the Nuclear Non-Proliferation Treaty and in a Hitachi spokesman's words "the desire not to become the next Toshiba vis-a-vis the United States," Hitachi refused to assist in maintenance of the equipment, the document revealed. During the first week of last month, CIA's director, George Tenet, said the US spy agency had deep knowledge of the activities Dr Abdul Qadeer Khan. He said that "with the help of the British, we pieced together the picture of the network, revealing its subsidiaries, scientists, front companies, agents, finances and manufacturing plants on three continents. Our spies penetrated the network through a series of daring operations over several years." United States Secretary of State Colin Powell is expected next week to hold talks with Pakistani officials on a number of issues including non-proliferation and the Proliferation Security Initiative, aimed at blocking dual use technologies which could be used in WMD programmes. Copyright 1996-2002 . Hi Pakistan. All rights reserved. ***************************************************************** 14 Hindu News: 'Shaheen-II test proves Pak. not rolling back nuke programme' Wednesday, March 10, 2004 : 1735 Hrs Islamabad, March 10 (PTI): The test-firing of 2,000 km range nuclear-capable Shaheen II ballistic missile proved that Pakistan is not rolling back its nuclear and missile programme following admission by its top scientist A Q Khan, that he transferred sensitive technology to other nations, a top Army official has said. Yesterday's test by Pakistan, which is facing international pressure following Khan's confession, proves that there is no rollback of the nuclear programme as alleged by some, Vice-Chief of the Army Staff Gen Mohammad Yousaf told State-run PTV. The test was of "great importance" because it was Pakistan's first experiment of a two-stage missile compared to previous one-stage missiles. Describing the missile test as a demonstration of a "full-speed roll forward" of the country's nuclear programme, Gen. Yousuf said it was the first time that the experiment of "separation" of the first and second stages was carried out in Pakistan and "it was successful in all respects". Meanwhile, Samar Mubarakmund, Chairman of Pakistan's National Engineering and Science Commission, said the missile covered a distance of 1800 km and hit the target in 15 minutes. Several Naval ships were sent to the area of target to witness the impact, he was quoted as saying by 'The News'. Officials said that the missile range was restricted to cover the territorial limits of Pakistan coast. Mubarakmund was also quoted by 'Dawn' as saying that the missile had impacted somewhere in the Arabian Sea. Copyright © 2004, The Hindu. ***************************************************************** 15 NRC: NRC Announces Opportunity for Hearing on Application to Renew Browns Ferry, Units 1, 2 and 3 Operating Licenses News Release - 2004-03 U.S. NUCLEAR REGULATORY COMMISSION Office of Public Affairs Telephone: 301/415-8200 Washington, DC 20555-0001 E-mail: opa@nrc.gov No. 04-032 March 10, 2004 opportunity to request a hearing on an application from the Tennessee Valley Authority to renew the operating licenses for Units 1, 2 and 3 of the Browns Ferry nuclear power plant for an additional 20 years beyond the period specified in the current license. The Browns Ferry plant is located near Decatur, Alabama, and the current operating licenses for Units 1, 2 and 3 expire on December 20, 2013, June 28, 2014, and July 2, 2016, respectively. NRC staff have determined that the Tennessee Valley Authority has submitted sufficient information for the agency to formally docket, or file, the application. Docketing the application does not preclude requesting additional information as the review proceeds, nor does it indicate whether the Commission will grant or deny the application. The deadline for requesting participation in the hearing is May 9 (60 days after publication of a Federal Register Notice on March 10). By that date, petitions must be filed by anyone whose interest may be affected by the license renewal, and who wishes to participate as a party in the proceeding. A request for a hearing and a petition for leave to intervene must be filed with the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, Attention: Rulemaking and Adjudications Staff. They may also be delivered to the NRC Public Document Room at 11555 Rockville Pike, Rockville, Maryland. Copies of the petition should also be sent to: -- Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and by fax, 301-415-3725, or e-mail, OGCMailCenter@nrc.gov [OGCMailCenter@nrc.gov] ; -- Secretary of the Commission by fax, 301-415-1101, or e-mail to hearingdocket@nrc.gov [hearingdocket@nrc.gov] and -- Mr. J.A. Scalice, Chief Nuclear Officer and Executive Vice President, Tennessee Valley Authority, 6 A Lookout Place, 1101 Market Street, Chattanooga, TN 37402-2801. Additional information about the opportunity for a hearing may be found in the Federal Register Notice. A copy of the license renewal application is available on the NRC web site at this address: http://www.nrc.gov/reactors/operating/licensing/renewal/applicati ons/browns-ferry.html. The document is also available for inspection at the NRCs Public Document Room in Rockville, Maryland, and at the Athens-Limestone Public Library, at 405 E. South Street, Athens, AL 35611. For further information, contact Jimi Yerokun, License Renewal Project Manager, Division of Regulatory Improvement Programs, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Mail Stop O11-F1, Washington, DC 20555; telephone 301-415-2292. Last revised Wednesday, March 10, 2004 ***************************************************************** 16 NRC: Tennessee Valley Authority, Browns Ferry Nuclear Plant, Units 1, FR Doc 04-5339 [Federal Register: March 10, 2004 (Volume 69, Number 47)] [Notices] [Page 11462-11464] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr10mr04-104] 2, and 3; Notice of Intent to Prepare an Environmental Impact Statement and Conduct Scoping Process Tennessee Valley Authority (TVA) has submitted an application for renewal of Facility Operating Licenses, DPR-33, DPR-52, and DPR-68 for an additional 20 years of operation at the Browns Ferry Nuclear Plant, Units 1, 2, and 3. The Browns Ferry Nuclear Plant (BFN) is located in Limestone County, Alabama, 16 km (10 mi) southwest of Athens, Alabama. The operating licenses for Browns Ferry Nuclear Plant, Units 1, 2, and 3 expire on December 20, 2013, June 28, 2014, and July 2, 2016, respectively. The application for renewal was received on January 6, 2004, pursuant to 10 CFR part 54. A notice of receipt and availability of the application, which included the environmental report (ER), was published in the Federal Register on January 13, 2004, (69 FR 2012). A notice of acceptance for docketing and notice of opportunity for hearing regarding renewal of the facility operating license is also published in the Federal Register today. The purpose of this notice is to inform the public that the U.S. Nuclear Regulatory Commission (NRC) will be preparing an environmental impact statement (EIS) in support of the review of the license renewal application and to provide the public an opportunity to participate in the environmental scoping process, as defined in 10 CFR 51.29. In addition, as outlined in 36 CFR 800.8, ``Coordination with the National Environmental Policy Act,'' the NRC plans to coordinate compliance with section 106 of the National Historic Preservation Act in meeting the requirements of the National Environmental Policy Act (NEPA). In accordance with 10 CFR 51.53(c) and 10 CFR 54.23, TVA submitted the ER as part of the application. The ER was prepared pursuant to 10 CFR part 51 and is available for public inspection at the NRC Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, or from the Publicly Available Records component of NRC's Agencywide Documents Access and Management System (ADAMS). ADAMS is accessible at [http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leaving FR.html&log=linklog&to=http://www.nrc.gov/reading-rm/adams.html] , which provides access through the NRC's Electronic Reading Room link. Persons who do not have [[Page 11463]] access to ADAMS, or who encounter problems in accessing the documents located in ADAMS, should contact the NRC's PDR Reference staff at 1- 800-397-4209, or 301-415-4737, or by e-mail to [pdr@nrc.gov] . The application may also be viewed on the Internet at [http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leaving FR.html&log=linklog&to=http://www.nrc.gov/reactors/operating/lice nsing/renewal/applications/browns-ferry.html] . In addition, the Athens-Limestone Public Library, 405 East South Street, Athens, Alabama, has agreed to make the ER available for public inspection. This notice advises the public that the NRC intends to gather the information necessary to prepare a plant-specific supplement to the Commission's ``Generic Environmental Impact Statement (GEIS) for License Renewal of Nuclear Plants,'' (NUREG-1437) in support of the review of the application for renewal of the BFN operating licenses for an additional 20 years. Possible alternatives to the proposed action (license renewal) include no action and reasonable alternative energy sources. The NRC is required by 10 CFR 51.95 to prepare a supplement to the GEIS in connection with the renewal of an operating license. This notice is being published in accordance with the National Environmental Policy Act (NEPA) and the NRC's regulations found in 10 CFR part 51. The NRC will first conduct a scoping process for the supplement to the GEIS and, as soon as practicable thereafter, will prepare a draft supplement to the GEIS for public comment. Participation in the scoping process by members of the public and local, State, Tribal, and Federal government agencies is encouraged. The scoping process for the supplement to the GEIS will be used to accomplish the following: a. Define the proposed action which is to be the subject of the supplement to the GEIS. b. Determine the scope of the supplement to the GEIS and identify the significant issues to be analyzed in depth. c. Identify and eliminate from detailed study those issues that are peripheral or that are not significant. d. Identify any environmental assessments and other EISs that are being or will be prepared that are related to, but are not part of the scope of the supplement to the GEIS being considered. e. Identify other environmental review and consultation requirements related to the proposed action. f. Indicate the relationship between the timing of the preparation of the environmental analyses and the Commission's tentative planning and decision-making schedule. g. Identify any cooperating agencies and, as appropriate, allocate assignments for preparation and schedules for completing the supplement to the GEIS to the NRC and any cooperating agencies. h. Describe how the supplement to the GEIS will be prepared, and include any contractor assistance to be used. The NRC invites the following entities to participate in the scoping: a. The applicant, TVA. b. Any Federal agency that has jurisdiction by law or special expertise with respect to any environmental impact involved, or that is authorized to develop and enforce relevant environmental standards. c. Affected State and local government agencies, including those authorized to develop and enforce relevant environmental standards. d. Any affected Indian tribe. e. Any person who requests or has requested an opportunity to participate in the scoping process. f. Any person who intends to petition for leave to intervene. In accordance with 10 CFR 51.26, the scoping process for an EIS may include a public scoping meeting to help identify significant issues related to a proposed activity and to determine the scope of issues to be addressed in an EIS. The NRC has decided to hold public meetings for the license renewal supplement to the GEIS. The scoping meetings will be held at the Athens State University, Student Center Cafeteria Ballroom, 300 North Beaty Street, Athens, Alabama, on Thursday, April 1, 2004. There will be two sessions to accommodate interested parties. The first session will convene at 1:30 p.m. and will continue until 4:30 p.m., as necessary. The second session will convene at 7 p.m. with a repeat of the overview portions of the meeting and will continue until 10 p.m., as necessary. Both meetings will be transcribed and will include: (1) An overview by the NRC staff of the NEPA environmental review process, the proposed scope of the supplement to the GEIS, and the proposed review schedule; and (2) the opportunity for interested government agencies, organizations, and individuals to submit comments or suggestions on the environmental issues or the proposed scope of the supplement to the GEIS. Additionally, the NRC staff will host informal discussions one hour before the start of each session at the Athens State University, Student Center Cafeteria Ballroom. No formal comments on the proposed scope of the supplement to the GEIS will be accepted during the informal discussions. To be considered, comments must be provided either at the transcribed public meetings or in writing, as discussed below. Persons may register to attend or present oral comments at the meetings on the scope of the NEPA review by contacting Dr. Michael Masnik, by telephone at 1-800-368-5642, extension 1191, or by Internet to the NRC at [BrownsFerryEIS@nrc.gov] no later than March 24, 2004. Members of the public may also register to speak at the meeting within 15 minutes of the start of each session. Individual oral comments may be limited by the time available, depending on the number of persons who register. Members of the public who have not registered may also have an opportunity to speak, if time permits. Public comments will be considered in the scoping process for the supplement to the GEIS. Dr. Masnik will need to be contacted no later than March 24, 2004, if special equipment or accommodations are needed to attend or present information at the public meeting, so that the NRC staff can determine whether the request can be accommodated. Members of the public may send written comments on the environmental scope of the BFN license renewal review to the Chief, Rules and Directives Branch, Division of Administrative Services, Office of Administration, Mailstop T-6D59, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and should cite the publication date and page number of this Federal Register notice. Comments may also be delivered to the NRC, Room T-6D59, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. during Federal workdays. To be considered in the scoping process, written comments should be postmarked by no later than 60 days from today's date. Electronic comments may be sent by the Internet to the NRC at [ BrownsFerryEIS@nrc.gov] and should be sent no later than 60 days from today's date to be considered in the scoping process. Comments will be available electronically and accessible through ADAMS at [http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leaving FR.html&log=linklog&to=http://www.nrc.gov/reading-rm/adams.html] . Participation in the scoping process for the supplement to the GEIS does not entitle participants to become parties to the proceeding to which the supplement to the GEIS relates. Notice of opportunity for a hearing regarding the renewal application is the subject of a separate notice published today in the Federal Register. Matters related to [[Page 11464]] participation in any hearing are outside the scope of matters to be discussed at this public meeting. At the conclusion of the scoping process, the NRC will prepare a concise summary of the determination and conclusions reached, including the significant issues identified, and will send a copy of the summary to each participant in the scoping process. The summary will also be available for inspection in ADAMS at [http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leaving FR.html&log=linklog&to=http://www.nrc.gov/reading-rm/adams.html] . The staff will then prepare and issue for comment the draft supplement to the GEIS, which will be the subject of separate notices and separate public meetings. Copies will be available for public inspection at the above-mentioned addresses, and one copy per request will be provided free of charge. After receipt and consideration of the comments, the NRC will prepare a final supplement to the GEIS, which will also be available for public inspection. Information about the proposed action, the supplement to the GEIS, and the scoping process may be obtained from Dr. Masnik at the aforementioned telephone number or e-mail address. Dated at Rockville, Maryland, this 4th day of March, 2004. For the Nuclear Regulatory Commission. Pao-Tsin Kuo, Program Director, License Renewal and Environmental Impacts Program, Division of Regulatory Improvement Programs, Office of Nuclear Reactor Regulation. [FR Doc. 04-5339 Filed 3-9-04; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 17 NRC: Tennessee Valley Authority; Browns Ferry Nuclear Plant, Units 1, FR Doc 04-5340 [Federal Register: March 10, 2004 (Volume 69, Number 47)] [Notices] [Page 11460-11462] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr10mr04-103] 2 and 3; Notice of Acceptance for Docketing of the Application and Notice of Opportunity for Hearing Regarding Renewal of Facility Operating License Nos. DPR-33, DPR-52, and DPR-68 for an Additional 20- Year Period The U.S. Nuclear Regulatory Commission (NRC or the Commission) is considering application for the renewal of Operating License Nos. DPR- 33, DPR-52, and DPR-68, which authorize the Tennessee Valley [[Page 11461]] Authority (TVA) to operate the Browns Ferry Nuclear Plant at 3293 megawatts thermal for Unit 1, 3458 megawatts thermal for Unit 2, and 3458 megawatts thermal for Unit 3. The renewed licenses would authorize the applicant to operate Browns Ferry Nuclear Plant, Units 1, 2 and 3 for an additional 20 years beyond the period specified in the current licenses. The current operating license for the Browns Ferry Nuclear Plant Unit 1 expires on December 20, 2013, the current operating license for Browns Ferry Nuclear Plant Unit 2 expires on June 28, 2014, and the current operating license for Browns Ferry Nuclear Plant Unit 3 expires on July 2, 2016. On January 6, 2004, the Commission's staff received an application from TVA filed pursuant to 10 CFR part 54, to renew the Operating License Nos. DPR-33, DPR-52, and DPR-68 for Browns Ferry Nuclear Plant, Units 1, 2 and 3, respectively. A notice of receipt and availability of the license renewal application, ``TVA; Notice of Receipt and Availability of Application for Renewal of Browns Ferry Nuclear Plant, Units 1, 2 and 3, Facility Operating License Nos. DPR-33, DPR-52, and DPR-68 for Additional 20-Year Period,'' was published in the Federal Register on January 13, 2004 (69 FR 2012). The Commission's staff has determined that TVA has submitted sufficient information in accordance with 10 CFR 54.19, 54.21, 54.22, 54.23, and 51.53(c) that is acceptable for docketing. The current Docket Nos. 50-259, 50-260, and 50-296 for Operating License Nos. DPR- 33, DPR-52, and DPR-68, respectively, will be retained. The docketing of the renewal application does not preclude requesting additional information as the review proceeds, nor does it predict whether the Commission will grant or deny the application. Before issuance of each requested renewed license, the NRC will have made the findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations. In accordance with 10 CFR 54.29, the NRC will issue a renewed license on the basis of its review if it finds that actions have been identified and have been or will be taken with respect to: (1) Managing the effects of aging during the period of extended operation on the functionality of structures and components that have been identified as requiring aging management review, and (2) time-limited aging analyses that have been identified as requiring review, such that there is reasonable assurance that the activities authorized by the renewed licenses will continue to be conducted in accordance with the current licensing basis (CLB), and that any changes made to the plant's CLB comply with the Act and the Commission's regulations. Additionally, in accordance with 10 CFR 51.95(c), the NRC will prepare an environmental impact statement that is a supplement to the Commission's NUREG-1437, ``Generic Environmental Impact Statement for License Renewal of Nuclear Power Plants,'' dated May 1996. Pursuant to 10 CFR 51.26, and as part of the environmental scoping process, the staff intends to hold a public scoping meeting. Detailed information regarding this meeting is included in a Federal Register notice also published today. Within 60 days after the date of publication of this Federal Register notice, the applicant may file a request for a hearing, and any person whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written request for a hearing and a petition for leave to intervene with respect to the renewal of the licenses. Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission's ``Rules of Practice for Domestic Licensing Proceedings'' in 10 CFR part 2. Interested persons should consult a current copy of 10 CFR 2.309, which is available at the Commission's Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland 20852 and is accessible from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at [http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leaving FR.html&log=linklog&to=http://www.nrc.gov/reading-rm/adams.html] . Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC's PDR reference staff at 1-800-397-4209, or by email at [ pdr@nrc.gov] . If a request for a hearing or a petition for leave to intervene is filed within the 60-day period, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel will rule on the request and/or petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order. In the event that no request for a hearing or petition for leave to intervene is filed within the 60-day period, the NRC may, upon completion of its evaluations and upon making the findings required under 10 CFR parts 51 and 54, renew the licenses without further notice. As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding, taking into consideration the limited scope of matters that may be considered pursuant to 10 CFR parts 51 and 54. The petition must specifically explain the reasons why intervention should be permitted with particular reference to the following factors: (1) The nature of the requestor's/petitioner's right under the Act to be made a party to the proceeding; (2) the nature and extent of the requestor's/ petitioner's property, financial, or other interest in the proceeding; and (3) the possible effect of any decision or order which may be entered in the proceeding on the requestor's/petitioner's interest. The petition must also set forth the specific contentions which the petitioner/requestor seeks to have litigated at the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the requestor/petitioner shall provide a brief explanation of the bases of each contention and a concise statement of the alleged facts or the expert opinion that supports the contention on which the requestor/ petitioner intends to rely in proving the contention at the hearing. The requestor/petitioner must also provide references to those specific sources and documents of which the requestor/petitioner is aware and on which the requestor/petitioner intends to rely to establish those facts or expert opinion. The requestor/petitioner must provide sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact.\1\ Contentions shall be limited to matters within the scope of the action under consideration. The contention must be one that, if proven, would entitle the requestor/ petitioner to relief. A requestor/petitioner who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party. ----------------------------------------------------------------- ---------- \1\ To the extent that the application contains attachments and supporting documents that are not publicly available because they are asserted to contain safeguards or proprietary information, petitioners desiring access to this information should contact the applicant or applicant's counsel to discuss the need for a protective order. ----------------------------------------------------------------- ---------- Each contention shall be given a separate numeric or alpha designation within one of the following groups: [[Page 11462]] 1. Technical--primarily concerns/issues relating to technical health and safety matters discussed or referenced in the Browns Ferry Nuclear Plants Units 1, 2 and 3 license renewal application. 2. Environmental--primarily concerns/issues relating to matters discussed or referenced in the Environmental Report for the license renewal application. 3. Miscellaneous--does not fall into one of the categories outlined above. As specified in 10 CFR 2.309, if two or more requestors/petitioners seek to co-sponsor a contention, the requestors/petitioners shall jointly designate a representative who shall have the authority to act for the requestors/petitioners with respect to that contention. If a requestor/petitioner seeks to adopt the contention of another sponsoring requestor/petitioner, the requestor/petitioner who seeks to adopt the contention must either agree that the sponsoring requestor/ petitioner shall act as the representative with respect to that contention, or jointly designate with the sponsoring requestor/ petitioner a representative who shall have the authority to act for the requestors/petitioners with respect to that contention. Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing, including the opportunity to participate fully in the conduct of the hearing. A request for a hearing or a petition for leave to intervene must be filed by: (1) First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; (2) courier, express mail, and expedited delivery services: Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff; (3) e-mail addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, [ hearingdocket@nrc.gov] ; or (4) facsimile transmission addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, Attention: Rulemakings and Adjudications Staff at 301- 415-1101, verification number is 301-415-1966. A copy of the request for hearing and petition for leave to intervene must also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and it is requested that copies be transmitted either by means of facsimile transmission to 301-415-3725 or by e-mail to [OGCMailCenter@nrc.gov] . A copy of the request for hearing and petition for leave to intervene should also be sent to the attorney for the licensee. Nontimely requests and/or petitions and contentions will not be entertained absent a determination by the Commission, the presiding officer or the Atomic Safety and Licensing Board that the petition, request and/or contentions should be granted based on a balancing of the factors specified in 10 CFR 2.309(a)(1)(i)-(viii). Detailed information about the license renewal process can be found under the Nuclear Reactors icon at [http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leaving FR.html&log=linklog&to=http://www.nrc.gov/reactors/operating/lice nsing/renewal.html] on the NRC's Web page. Copies of the application to renew the operating licenses for Browns Ferry Nuclear Plant, Units 1, 2 and 3, are available for public inspection at the Commission's PDR, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, 20855-2738, and at [http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leaving FR.html&log=linklog&to=http://www.nrc.gov/reactors/operating/lice nsing/renewal/applications/brownsferry.html] the NRC's Web page while the application is under review. The NRC maintains an Agencywide Documents Access and Management System (ADAMS), which provides text and image files of NRC's public documents. These documents may be accessed through the NRC's Public Electronic Reading Room on the Internet at [http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leaving FR.html&log=linklog&to=http://www.nrc.gov/reading-rm/adams.html] under ADAMS accession number ML040060355. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, may contact the NRC Public Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to [ pdr@nrc.gov] . The staff has verified that a copy of the license renewal application is also available to local residents near the Browns Ferry Nuclear Plant at the Athens-Limestone Public Library, at 405 E. South Street, Athens, Alabama 35611. Dated in Rockville, Maryland, this the 4th day of March, 2004. For the Nuclear Regulatory Commission. Pao-Tsin Kuo, Program Director, License Renewal and Environmental Impacts, Division of Regulatory Improvement Programs, Office of Nuclear Reactor Regulation. [FR Doc. 04-5340 Filed 3-9-04; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 18 NRC: Workshop To Discuss Combined License Topic 10 (COL-10), 10 CFR FR Doc 04-5341 [Federal Register: March 10, 2004 (Volume 69, Number 47)] [Notices] [Page 11464-11465] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr10mr04-105] Part 52 Subpart C Emergency Planning Inspections, Tests, Analyses, and Acceptance Criteria (ITAAC) AGENCY: Nuclear Regulatory Commission. ACTION: Notice of April 27, 2004, public workshop. SUMMARY: The Nuclear Regulatory Commission (NRC) is holding a workshop on April 27, 2004, to solicit comments on draft proposed emergency planning inspections, tests, analyses, and acceptance criteria (ITAAC). The NRC staff, in consultation with the Department of Homeland Security/Federal Emergency Management Agency (DHS/FEMA), crafted the draft proposed EP ITAAC, which addresses 15 of the 16 EP planning standards in title 10 of Code of Federal Regulations part 50, Sec. 50.47(b), and NUREG-0654/FEMA-REP-1, Rev. 1, ``Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants'' (NUREG-0654). (The excluded planning standard, 50.47(b)(13), pertains to the development of general plans for recovery and reentry, and was determined to not be applicable to EP ITAAC). The draft proposed EP ITAAC are available for public inspection in the Agencywide Document Access and Management System (ADAMS), Accession No. ML 033010440, and as described below. The NRC staff has scheduled the public workshop to discuss the draft proposed EP ITAAC issues and to solicit stakeholder comments on the staff's draft proposal. This workshop will be transcribed. To allow for timely registration on the day of the meeting, it is recommended that guests pre-register for the workshop. To pre-register for the workshop, contact Mr. Raj Anand (information provided below) and provide the following information: name, organization, phone number, and country of citizenship. FOR FURTHER INFORMATION CONTACT: Mr. Raj K. Anand, New, Research and Test Reactors Program, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Mr. Anand can be reached by telephone at 301-415-1146, or by e-mail at rka@nrc.gov [rka@nrc.gov] . Questions regarding the public meeting process should be directed to Mr. Francis (Chip) Cameron, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone 301-415-1642, or by e-mail at fxc@nrc.gov [fxc@nrc.gov] DATES: The workshop will be held on April 27, 2004, from 10:30 a.m. to 4:30 p.m. Written comments on the NRC staff's draft proposed EP ITAAC should be submitted by May 27, 2004. Comments received after this date will be considered if it is practical to do so, but the Commission is able to assure consideration only for comments received on or before this date. ADDRESSES: The workshop will be held at the Nuclear Regulatory Commission offices in the Two White Flint North Auditorium, 11545 Rockville Pike, Rockville, Maryland. The NRC staff's draft proposed EP ITAAC are available for public inspection in the Agencywide Document Access and Management System (ADAMS) in the NRC Public Document Room, located at One White Flint North, 11555 Rockville Pike, Public File Area O-1F21, Rockville, Maryland. The information is also available electronically from the Publicly Available Records (PARS) component of ADAMS (ADAMS Accession No. ML033010440). ADAMS is accessible from the NRC's Web site at http://www.nrc.gov/reading-rm/adams.html [http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leaving FR.html&log=linklog&to=http://www.nrc.gov/reading-rm/adams.html] (Public Electronic Reading Room). For more information, contact the NRC Public Document Room (PDR) Reference staff at 800-397-4209, 202-634-3273, or by email at pdr@nrc.gov [ pdr@nrc.gov] . In addition, the draft proposed EP ITAAC and additional associated documentation can be found on NRC's Web site under the Combined Licenses discussion on the following Web page: http://www@nrc.gov/reactors/new-licensing/ [ http://www@nrc.gov/reactors/new-licensing/ [http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leaving FR.html&log=linklog&to=http://www@nrc.gov/reactors/new-licensing/ ] licensing-process.html. ">http://www@nrc.gov/reactors/new-licensing/ [http://www@nrc.gov/reactors/new-licensing/ [http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leaving FR.html&log=linklog&to=http://www@nrc.gov/reactors/new-licensing/ ] licensing-process.html. licensing-process.html. and Directives Branch, Division of Administrative Services, Office of Administration, Mail Stop T-6D59, Nuclear Regulatory Commission, Washington, DC 20555-0001. Comments may also be hand-delivered to the NRC at 11545 Rockville Pike, Rockville, Maryland, between the hours of 7:45 a.m. and 4:15 p.m. on Federal workdays, or submitted electronically by e-mail at nrcrep@nrc.gov [nrcrep@nrc.gov] . All comments received by the Commission, including those made by Federal, State, and local agencies, Indian tribes, or other interested persons, will be made available at the Commission's PDR in Rockville, Maryland, or electronically from the PARS component of NRC's document system (ADAMS). SUPPLEMENTARY INFORMATION: In 1989, the NRC established new alternatives for nuclear plant licensing under title 10 of the Code of Federal Regulations (10 CFR) part 52, which describe, among other things, a process for issuing a combined construction and operating license, referred to as a combined license (COL). A COL authorizes construction and, with conditions, operation of a nuclear power plant. A COL application must describe the license conditions (i.e., inspections, tests, analyses, and acceptance criteria, referred to as ITAAC) that are necessary to ensure that the plant has been properly constructed and will operate safely. After issuing a COL, the NRC would verify that the licensee completed the required ITAAC before initial loading of fuel into the plant. The NRC would publish notices of the successful completion of the ITAAC. Following successful completion of all ITAAC, and not less than 180 days before the date scheduled for initial loading of nuclear fuel into the reactor, the NRC would publish in the Federal Register a notice of intended operation. [[Page 11465]] The notice would provide that any person whose interest may be affected by operation of the plant may, within 60 days, request that the Commission hold a hearing on whether the facility as constructed complies, or on completion will comply, with the acceptance criteria of the COL. A request for a hearing must show, prima facie, that (1) one or more of the acceptance criteria in the COL have not been, or will not be met, and (2) the specific operational consequences of non- conformance that would be contrary to providing reasonable assurance of adequate protection of the public health and safety. The development of EP ITAAC is part of an NRC effort to develop guidance related to the structure and content of prospective COL applications, which would be submitted under subpart C of 10 CFR part 52. The draft proposed EP ITAAC reflect the current collective efforts of NRC and FEMA staff to provide this guidance, while incorporating various lessons learned from previous design certification reviews under subpart B of 10 CFR part 52. The staff proposes to discuss the following issues with interested stakeholders: 1. The draft proposed EP ITAAC contain high-level generic acceptance criteria. These criteria were adapted from those found in NUREG-0654. It is expected that a COL applicant will be able to provide more detailed EP ITAAC that are site-specific at the COL application stage. Such detailed EP ITAAC would satisfy the intent of the proposed generic EP ITAAC. Among the questions the staff will address with the interested stakeholders is whether it is necessary to capture guidance related to providing detailed EP ITAAC and, if so, what the best way is to capture such guidance. 2. The offsite acceptance criteria in the draft proposed EP ITAAC assume State and local government participation. If State and local officials terminate or limit their cooperation between the time of COL issuance and fuel loading, the draft proposed EP ITAAC may no longer be valid. In that case, the EP ITAAC incorporated in the license under 10 CFR 52.97(b)(1) would have to be changed by a license amendment, in accordance with 10 CFR 52.97(b)(2)(i). The staff will discuss with stakeholders the feasibility of developing offsite EP ITAAC, that cover both possibilities (i.e., assuming State and local government participation, as well as non-participation). 3. The draft proposed EP ITAAC contain references to emergency plans. The staff attempted to distinguish those issues which should be resolved prior to issuance of a COL from those which can be resolved only after issuance of a COL. For example, the emergency plans and the EP ITAAC would be reviewed and approved prior to granting a COL, while compliance with the ITAAC would be assessed post-licensing, using the ITAAC to verify the implementation of the emergency plans. The staff will discuss stakeholder views on the need for clarification of the draft proposed EP ITAAC, in order to separate those issues which should be resolved prior to issuance of a COL from those which can be resolved only after the COL is issued. 4. Compliance with some of the ITAAC in the draft proposed EP ITAAC could be assessed concurrently. Discussions with stakeholders will include this concurrent review and its implications. An agenda for the workshop will be developed and made available prior to the April 27, 2004, public workshop. In order to assure a diversity of viewpoints, the NRC is inviting stakeholders from the nuclear power industry, representatives from citizens groups, and State and local agencies to sit in a round table discussion. Although the focus of the public workshop will be on the round table discussion, there will be opportunities for members of the audience to offer comments and ask questions at the workshop. Prior to the workshop, questions relating to the staff's draft proposed EP ITAAC can be directed to Mr. Raj Anand. Questions related to the public meeting process should be directed to Mr. Francis Cameron. Contact information for Messrs. Anand and Cameron is provided above. Dated at Rockville, Maryland, this 4th day of March, 2004. For the Nuclear Regulatory Commission. James E. Lyons, Program Director, New, Research and Test Reactors Program, Division of Regulatory Improvement Programs, Office of Nuclear Reactor Regulation. [FR Doc. 04-5341 Filed 3-9-04; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 19 AU SMH: Powers tap into China's nuclear energy plans - BusinessNews - www.smh.com.au [Sydney Morning Herald Online] By Chris Buckley in Beijing March 11, 2004 China plans to significantly expand its nuclear power in the coming decades, and the Bush administration has been courting the country's top officials on behalf of US companies seeking a starring role in that expansion. The US is competing with France, Russia and, in a minor way, Canada, to build four 1000-megawatt plants that energy executives say will signify China's coming of age as a nuclear energy provider, and offer crucial relief to makers of nuclear technology starved for new orders in their home countries. "China is the country most likely to have robust growth in nuclear power in the next 10 years," said Ron Sinard, who oversees plant development for the Nuclear Energy Institute, a Washington organisation that represents the US industry. "Looking at the market over the next decade, it's probably the biggest piece of the pie." The call for tenders may be issued as early as this month, nuclear industry executives said. The winner is likely to have an advantage in subsequent bids for 20 or more nuclear plants that may be built by 2020. China has eight nuclear power plants that generate a total of 6200MW; by 2020, nuclear power could provide China with 32,000MW. Even if all the proposed plants are built, nuclear power would supply China with only about 4 per cent of its energy needs by 2020, with the bulk of electricity coming from coal-fired stations and, to a lesser extent, hydroelectric projects like the Three Gorges Dam. It's not the first time China has publicised plans for expanding nuclear energy. Similar plans were announced in the early 1990s but were abandoned because of a slowing economy and a temporary glut in electricity. Energy industry executives and analysts agreed that this time the Chinese government, alarmed by the country's voracious appetite for electricity and growing dependence on imported oil and natural gas, is determined to expand its nuclear energy resources. Power shortages that disrupted industrial production and life across two dozen provinces last year revived interest in nuclear power. Last year, electricity demand rose 15 per cent to 1.9 trillion kilowatt hours, and tens of thousands of factories in China's booming eastern provinces were forced to cancel production because of power cuts. Similar power shortages are expected this year and next. The chairman of China's electricity regulation commission, Chai Songyue, said that China would face a shortfall of 20 million kWh this year. Stronger government support for nuclear energy is reinforced by enthusiastic promises of investment for China's power companies. The booming coastal provinces of Zhejiang and Guangdong are the first in line for nuclear power stations, partly because coal mines and dams are far away, making energy delivery expensive. In choosing among rival bids, China will be making choices not only on which technology it will use but also on geopolitical allegiances, environmental safety and China's gaping trade surplus with the United States. "The stakes are huge. These are big contracts with a lot of implications," said Jean-Christophe Delvallet, China representative of French energy company EDR. France, Canada and Russia have been lobbying Beijing to favour power plant designs and equipment from their countries. The New York Times Copyright © 2004. The Sydney Morning Herald ***************************************************************** 20 NYT: Progress for Indian Point, and a Setback for Its Critics By MAREK FUCHS Published: March 10, 2004 [I] n a setback and rebuke to opponents of the Indian Point nuclear plant in Westchester County, the Nuclear Regulatory Commission has pronounced the plant's two active reactors fit and has moved to reduce their level of oversight to standard from heightened. Neil Sheehan, a spokesman for the commission, which oversees the nation's nuclear plants, said yesterday that an issue that had remained a concern until the end of 2003 - faulty construction of a control-room wall at Indian Point 2 - had been resolved, paving the way for the reactor to get the commission's highest rating, which means the lowest level of inspection. "It's a sea change for them," Mr. Sheehan said of the reactor, which received poor performance ratings before and after Entergy Corporation, a Louisiana company, purchased it from Consolidated Edison in 2001. Indian Point 3 still exceeded a threshold for the number of unplanned shutdowns in 2003, said Mr. Sheehan, "but they are getting close to where they should be." He added, "While certainly milestones, this doesn't mean the plants are without issues." The commission sent Entergy an assessment letter last week, spelling out the company's accomplishments in 2003 but pointing out areas of continued concern, like maintenance backlogs. Mr. Sheehan added that additional strides have been made since the end of 2003. Reaction from local officials and plant opponents was swift and unfavorable. Richard Brodsky, a state assemblyman from Westchester who has long fought to close the plant, said it was irresponsible to move to less oversight so soon after the assessment letter, which said Indian Point's overall performance was improving, "albeit slowly." "The N.R.C. is being an apologist, not a regulator," said Mr. Brodsky. "It's what happens when an industry captures a government." The commission arrives at its overall rating through color-coded ratings in a range of performance and inspection categories. Mr. Brodsky said that such a focus on multiple small issues obscured the broader picture. "There's a term for it in psychology that's called circular insanity,'' he said. "It happens when you are trapped in assumptions and standards that are completely inside the circle and you never explain whether the circle is nutty." Alex Matthiessen, executive director of Riverkeeper, an environmental group opposed to the plant, said: "They gave a clean bill of health while saying the facility has a number of serious problems. And that doesn't, by the way, acknowledge the chance of sabotage, attack or the lack of an escape plan." In addition to concerns over plant operations, opponents point to the fact that one of the airplanes that struck the World Trade Center on 9/11 had flown by the plant. And public officials have little confidence in evacuation plans for the communities around Indian Point should an attack or accident occur. To Entergy, though, the commission's opinions were gratifying evidence that their long-term plan to turn the problematic plant around was working. "We knew we had to address some of the issues we became aware of during our due diligence," said Jim Steets, a company spokesman, who said that hundreds of millions of dollars had been invested in improvements. "This is a good indication that we've been effective." Asked whether the ratings were a finger in the eye of the plant's vocal opponents, Mr. Steets said: "It's certainly a vindication, in a sense. Some criticized Indian Point, either prematurely or without information." Copyright 2004 The New York Times Company ***************************************************************** 21 Korea Herald: Sweden backs talks on nuclear solution 2004.03.11 By Seo Hyun-jin The Swedish leader supported yesterday a diplomatic solution to the ongoing standoff over Pyongyang's nuclear ambitions as well as Seoul's engagement policy toward the isolationist North, the presidential office said. Swedish Prime Minister Goran Persson conveyed the message during a summit meeting with President Roh Moo-hyun in Seoul, which marked the 45th anniversary of the establishment of diplomatic ties between the two countries. The anniversary falls today. The two leaders discussed the North Korean nuclear issue and measures to improve bilateral ties, especially in the economic fields. "They shared the view that a peaceful resolution of the North Korean nuclear issue through dialogue is essential for the maintenance of peace and stability not only in Northeast Asia, but globally," the post-summit joint press release said. ***************************************************************** 22 BBC: Power cuts 'could hit UK by 2006' Last Updated: Wednesday, 10 March, 2004 [Electricity pylon] The UK is increasingly reliant on imported gas for electricity The UK could be hit by electricity supply problems within two years, an expert who advises the government on energy policy has said. Dieter Helm told BBC Two's 'If... The Lights Go Out' the UK had a "clapped out" power generation system and was too dependent on imported gas. A committee of MPs has also warned of possible problems with the network. But the Department of Trade &Industry said new capacity was being created by reopening mothballed power stations. Government policy was focused on the safe, secure and affordable supply of electricity, the DTI said. 'Insufficient investment' Mr Helm's concerns have been echoed the cross-party Trade and Industry Committee, which said much of Britain's power network was nearing the end of its 40-year lifespan. GAS SUPPLY NETWORK "There is a danger that there is currently insufficient investment in the network to replace in a planned and orderly way equipment which is reaching the end of its life," the report said. "Simply to maintain present performance levels, capital expenditure by the network owners would have to double," it said. London and Birmingham both suffered power blackouts within the space of a week last summer, raising questions about the UK system's reliability. The BBC's 'If... The Lights Go Out' programme asks if the UK is becoming too reliant on imported gas supplies and examines what could happen should terrorists attack a vital pipeline. Luck running out? Gas consumption in the UK has soared by 66% since 1992 to 113bn cubic metres a year, according to figures from industry regulator Ofgem. Meanwhile, electricity generation using gas has jumped from just 1.7% of total consumption in 1990 to 29.7% in 2002. GAS IMPORTS BY PIPELINE, 2002 UK: 4.7 bcm, o which: 3.6 bcm from Norway 1.1 bcm from the Netherlands Germany: 81.7 bcm Italy: 52.5 bcm France: 32.7 bcm Source: BP bcm: billion cubic metres Mr Helm accuses the government of having no insurance against power cuts. He highlights the decline of North Sea gas and the condition of the UK's power stations as causes for concern. The UK's coal power stations are due for replacement and most nuclear generators are set to close in the next decade. Mr Helm says that without new policy initiatives the UK's luck will run out and there could be supply problems by 2006. Defending its strategy, the DTI pointed out that the government had a "statutory responsibility to ensure security of energy supplies". And it said the market-driven approach to deliver energy supplies was working. Since privatisation, it said, there had never been an occasion when supply had not been sufficient to meet demand. 'If... The Lights Go Out' was broadcast on BBC Two on Wednesday, 10 March 2004. ***************************************************************** 23 UK Times Business: Power failure [http://www.timesonline.co.uk/ March 10, 2004 ANALYSIS The troubles in UK electricity generation highlighted by MPs this morning reflect Government rather than corporate blunders. Sally Patten, Deputy Business News Editor, reports "Few looked forward to the coming of spring more than the managers charged with supplying us with electricity. "For them, the coming of March meant not just daffodils and longer days but the end of the annual period of greatest blackout danger, the 'vulnerable weeks', as they are known in the sector, of January and February. "Britain received notice of the vulnerability of its electricity infrastructure last summer through power cuts in London and Birmingham. In the capital alone 1,800 overland trains and 60 per cent of London Underground services were affected. "Winter blackouts, likely to be caused by a surge in demand prompted by a cold snap, could have far more serious consequences. "It was against a backdrop of such fears that MPs today said there was a 'pressing need' for investment in the country's electricity network. "The Trade and Industry Select Committee said: 'There is a danger that there is currently insufficient investment in the network to replace in a planned and orderly way equipment which is reaching the end of its life. "'Simply to maintain present performance levels, capital expenditure by the network owners would have to double.' "While many observers might see the network's plight as a failure of privatisation, the committee focused its calls for reform on Ofgem, the sector watchdog, rather than on electricity companies. "'The regulator's concern to reduce costs to consumers should now be tempered by a greater emphasis on ensuring that electricity network owners have the financial resources necessary to secure a viable long-term electricity supply,' this morning's report said. "The story of the electricity sector since privatisation is one that demonstrates the benefits which can be achieved through switching power from state to plcs. "In private hands, electricity bills have plunged in real terms while, largely because of improved industrial relations, the sector has avoided the widespread blackouts of the 1970s. "It is only where the Government has intervened that the sector has floundered. "The overhaul of the wholesale power market in 2001, for instance, while bringing a short term benefit to consumers through a 40 per cent slide in prices, created long term problems. "Lower returns made many power stations uneconomic, prompting many plants to be mothballed, accelerating the collapse of British Energy, the nuclear generator, and deterring investment from the sector. Generators have been left with only limited ability to respond to a rise in demand likely to accompany a return to higher economic growth. "The Government's determination to curb emissions of greenhouse gases well beyond the level needed to meet international commitments, meanwhile, threatens to leave the country truly vulnerable to blackouts. "The Institution of Civil Engineers believes that emissions constraints will force coal-powered generators to close within 15 years, with only one nuclear plant scheduled to remain open after 2020. The UK will be left dependent on gas sourced from often unstable countries and wind farms which the Royal Academy of Engineering said today produce electricity at twice the price of conventional sources. "There can be little doubt that the Government has been well meaning in its drive for green energy but, as the adage goes, the road to hell is paved with good intentions. "The risk is that we progress along it without electric light and heat in the winter, air-conditioning in the summer and with only intermittent support from train and Tube services all year round." [http://www.timesonline.co.uk/section/0,,549,00.html] Times Newspapers Ltd. ***************************************************************** 24 CBW: Experts warn of hasty nuke plans By Zhu Boru (China Business Weekly) Updated: 2004-03-10 15:19 Experts warn that power shortages should not be the excuse for the hasty launching of new nuclear power projects, as the nation decides to speed up the development of its nuclear power sector in order to meet increased demand. "The decision indicates a fundamental change in the country's development strategy of its nuclear power industry," Han Wenke, vice-director of the Energy Research Institute of the National Development and Reform Commission (NDRC), told China Business Weekly last week. [ hspace=0 src=] In Januray, the NDRC announced, in a long-term development plan, that the country's installation capacity of nuclear power plants is expected to reach 36 million kilowatt hours in 2020. The current figure is 8.7 million kilowatt hours. Experts estimate that will account for 4 to 5 per cent of the country's total power installation capacity by then, whereas the current proportion is 1.3 per cent. It is the first time that China has set a clear-cut goal for its nuclear power industry, said Han. The government has preferred moderate development strategies for the nuclear power industry, although China became a nuclear power as early as in the 1960s. Expansion work on existing nuclear power plants in the country's most power-hungry provinces - East China's Zhejiang, Jiangsu and Fujian - is expected to start in 2005 or 2006. These plants will have a total generating capacity of 13 million kilowatt hours by 2010. The country's severe power shortage has forced the government to revise its nuclear power policies, according to Han. China will face a shortfall of more than 20 million kilowatt hours in electricity supply this year, Chai Songyue, chairman of the State Electricity Regulatory Commission, was quoted as saying. [ hspace=5 src=] According to the China Electricity Industry Association, the nation's power generation capacity will grow by 9 per cent this year, while electricity consumption will increase by 12 per cent, reaching 2.09 trillion kilowatt hours this year. China's fast-growing economy began to suffer from severe power shortages last year, when some 22 provinces, autonomous regions and municipalities had to cut off electricity at peak times. But the NDRC nuclear power policy is a long-term strategy, and provincial governments striving to get approval to launch nuclear power plants should be aware the aid is too slow in coming to solve the problem, warned Han. It usually takes four to five years to complete the construction of a nuclear power plant before it starts operation. Moreover, at least two years has to be spent on the feasibility studies, Han explained. As a result, hydraulic power and thermal power will continue to be major contributors to China's power supply in the coming years, he said. Central China's Hubei and Hunan provinces, and Southwest China's Sichuan Province and Chongqing Municipality, have either reportedly presented their proposals to the NDRC or or decided on the location of nuclear power plants. No nuclear power plants have been built in China's inland provinces to date. Taking a long-term perspective, nuclear power is the proper approach to dealing with power shortages and rationalizing the structure of energy consumption, Pan Ziqiang, an academician of the Chinese Academy of Engineering, said. China still relies heavily on thermal power, which accounts for 70 per cent of the total electricity generation each year, but its coal reserves will run out in the coming decades. Meanwhile, China has become a net importer of oil since 1993, he said. The excessive dependence on imports and limited reserves leaves the country in a precarious position in terms of energy consumption, suggests Pan. Many developed countries survived the global energy crisis in the 1970s by developing nuclear power and thus became less dependent on declining coal and oil reserves, he said. Currently, the total investment in a nuclear power plant is double that of a thermal power plant, leading to higher electricity prices, said Han. But the price of nuclear electricity is expected to lower gradually as the industry develops into a mass-scaled economy with lower costs, he said. However, the price of thermal power will rise because the process to get rid of sulphur from coal increases the cost of coal. Sulphur causes air pollution when coal is burned and processing is increasingly required to ensure environmental protection. Moreover, China has advanced nuclear technologies that can secure the operation of nuclear power plants and in particular, the processing of nuclear waste, Han added. However, Han cautioned against overoptimistic views of the sector's development. China is not rich in nuclear resources, and the trade volume of nuclear resources, which is strictly in line with international rules, is quite limited due to security concerns, he said. Meanwhile, it will be quite dangerous for China, with its enormous power demand, to rely heavily on nuclear power, Han said. China's total electricity generation capacity, currently 350 million kilowatts, is expected to reach 800 million to 900 million kilowatts by 2020, according to official statistics. The United States has not built new nuclear power plants for many years, as the country's more-than-100 plants could be threats to its national security if they are targets of military attacks, he said. For inland provinces with relatively rich natural resources, it would currently be more economical to use thermal or hydraulic power, he suggests. China's existing nuclear power plants are all located in East and South China's coastal areas, areas with a more developed economy, but lacking in natural resources. chinadaily.com.cn ***************************************************************** 25 JOURNAL NEWS: Entergy snares kudos (Original publication: March 10, 2004) "Good news" and "Indian Point" seldom seem compatible in the same sentence, not with a stream of stories detailing plant safety and security woes, environmental shortcomings and continuing efforts to send the facilities to the scrapheap of power generation. Government regulators, however, have a more elastic view of the nuclear monolith on the Hudson River. In its year-end assessment of the plants in Buchanan, the Nuclear Regulatory Commission gave its highest safety rating — "green" — to Indian Point 2 and 3, putting them in league with the best-run nuclear power plants in the nation. The NRC praised owner Entergy Nuclear Northeast for improving conditions, particularly at Indian Point 2, the least safe and poorest run of the nation's 103 nuclear power plants when Entergy bought Indian Point in 2001. Entergy has pumped more than $500 million into equipment and training improvements at the plants. The attention helped bring Indian Point 2 back from rock bottom, which it struck on Feb. 15, 2000. That's when a tube rupture in the reactor's steam generator triggered the spill of 20,000 gallons of contaminated water inside the plant and the release of a small amount of radioactive steam into the atmosphere. "It is a positive step for them," said Brian Holian, deputy director of the NRC's division of reactors projects for the Northeast region. "It is a milestone, but they still have a lot on their plate." Indeed they do. Questions remain over a host of safety concerns, including an extensive backlog in repairs. Additionally, the NRC has just opened an investigation into a whistleblower's allegations that Indian Point 2 suffers from critical flaws in its electrical writing, and that Entergy has concealed the flaws. Moreover, the top-safety rating does not address critics' well-founded security and environmental concerns, related issues surrounding emergency evacuations and whether Indian Point, as configured, should long endure on the Hudson. Those issues require extended debate and discussion. But given the alternative, it is encouraging to know that the NRC thinks Entergy has Indian Point on the right track for safety. Home [http://www.thejournalnews.com] -Business Copyright 2004 The Journal News, a Gannett Co ***************************************************************** 26 UPS: PSEG Nuke Safety Whistleblower to Speak at 3/28 Unplug Salem Campaign Rally CLOSE THE SALEM NUKES NOW The UNPLUG SALEM Campaign 321 Barr Ave., Linwood NJ 08221 609-601-8583/601-8537; [ncohen12@comcast.net] [http://www.unplugsalem.org/] Wednesday, March 10, 2004 REVISED AND UPDATED: For Immediate Release and Community Calendars: A whistleblower who has provided the Nuclear Regulatory Commission (NRC) with detailed information on safety culture problems at all three of PSEG's nuclear power plants will be the featured speaker at the upcoming UNPLUG Salem Protest to be held Sunday, March 28th, 2-4 pm, on the access road leading to Artificial Island, in Lower Alloways township. Rain location will be the Salem Quaker Meetinghouse, on route 49 in downtown Salem. This will be the first time that the PSEG whistleblower will be speaking in public. He will describe the reasons why he decided to go to the NRC with his safety concerns, and will discuss those concerns in detail on March 28th. The protest will commemorate the 25th anniversary of the meltdown at the Three Mile Island nuclear plant outside of Harrisburg, Pa. The rally is entitled: No TMI on the Delaware. In addition to the whistleblower, there will be a large number of other expert speakers, including: Dave Lochbaum, nuclear safety engineer for the Union of Concerned Scientists; Joe Mangano, chief researcher for the Radiation and Public Health Project; Jim Riccio of Greenpeace; Paul Gunter of the Nuclear Information and Resource Service; Tony Totah, marine biologist for Clean Ocean Action; Jane Nogaki, Pesticide Coordinator for the NJ Environmental Federation; Dr. Judith Johnsrud of Three Mile Island Alert; and Ray Shadis of the New England Coalition. Also speaking will be Frieda Berryhill, who has opposed nuclear power from before the Salem Nukes were built; Norm Cohen of the UNPLUG Salem Campaign; Grace Costanzo of the Jersey Shore Nuclear Watch; and Roy Cannon and Matt Ahearn of the Delaware and New Jersey Greens. Entertainment will be provided by the Eco-Chorale, and the protest will be powered by solar power provided by LBI Solar. The NRC's annual assessment letters, dated March 3rd 2004, continue to point out the NRC's concerns with the poor safety culture at both of the Salem Nukes and the Hope Creek Nuke: "Cross-cutting issues involved instances of ineffective, untimely problem solving and corrective actions (and) numerous inspection findings which indicate that weaknesses continue." Commented Norm Cohen, UNPLUG Salem Campaign Coordinator, "For the last three years we've been saying that the safety environment at PSEG's nuclear plants is dangerous. Now we have concrete proof. Close those dangerous nuclear plants down now!" Please join us on March 28th to make sure that Salem and Hope Creek do not become our own TMI on the Delaware. CONTACT: Norm Cohen - 609-601-8583 ***************************************************************** 27 Brattleboro Reformer: Senate panel calls for ISA [http://www.reformer.com/] March 10, 2004 Brattleboro, VT By CAROLYN LORIÉ Reformer Staff MONTPELIER -- The Senate Finance Committee will send a resolution to the Senate floor calling for an independent safety assessment (ISA) of Vermont Yankee. The panel is calling for the assessment to be done prior to the 20 percent power increase requested by the plant's owner, Entergy Nuclear of Louisiana. Committee member, Sen. Mark MacDonald, D-Orange, said that when the uprate was initially proposed he did not consider it problematic. "But when you look at the facts, it's an unprecedented request. It took me a long time to appreciate the enormity of what is being asked of this plant," he said. Although other nuclear power plants in the country have increased power, no other plant has done so by 20 percent all at once. The Clinton Power Station in Illinois, which had an uprate of 20 percent, did so in two phases. In addition to doing the increase more slowly, the plant is newer than Vermont Yankee. According to opponents of the uprate, including the New England Coalition and the Connecticut River Watershed Council, Vermont Yankee, built in the early 1970s, does not meet today's safety standards and cannot handle the proposed increase. At a forum held in the State House (that was not related to the Senate Finance Committee vote) Peter Alexander, executive director of the coalition, said the uprate "increases the risks. It increases the consequences." MacDonald said that the resolution, which will only be voted on in Senate, will be open for debate on Thursday, but because of a backlog may not be discussed until later in the week or next week. ***************************************************************** 28 Brattleboro Reformer: Expert raps VY uprate [http://www.reformer.com/] March 10, 2004 Brattleboro, VT By CAROLYN LORIÉ Reformer Staff MONTPELIER -- Speaking at a public forum on Entergy Nuclear's proposed "uprate," industry whistleblower Arnie Gundersen started his talk at the State House by saying that he was "pro-nuclear and pro-safety." That said, Gundersen launched into a detailed account of why he believes a 20 percent uprate at the Vermont Yankee plant is a dangerous proposition. According to Gundersen, the main problem has to do with net positive suction, that is the ability of the emergency pumps to suction water into the core in the event of an accident. Because the uprate would increase the temperature of the water, it would flash to steam, rendering the pumps useless. In order to compensate for this, Gundersen said, Entergy's plan is to increase the pressure in the container, which will push the water into the pumps and prevent it from turning to steam. The problem with this plan is that the pressure could cause a valve on the container to blow open, releasing radiation, said Gundersen. Again, Entergy has addressed this, by calling for the valve to be closed manually -- a plan Gundersen considers inadequate. While Gundersen is pro-nuclear and does not advocate closing the plant before its license expires in 2012, he did serve as an expert witness for the New England Coalition in its role as intervener in Entergy's uprate process. "This thing scares me," said Gundersen to the audience that over the course of the talk included over 20 legislators. The forum was sponsored by members of the Windham County delegation, including Reps. Richard Marek, D-Newfane; Steve Darrow, D-Dummerston; Carolyn Partridge, D-Windham; David Deen, D-Westminister; Sarah Edwards, P-Brattleboro and Michael Obuchowski, D-Bellows Falls. Although Entergy was invited to join the discussion, a representative did not attend. According to Vermont Yankee spokesperson Rob Williams, the company believes the issue has already "received a thorough airing through the established channels." Williams added that Entergy provided the coalition with thousands of pages of documents and that a number of public meetings have been held concerning the uprate. "We question the value of this ad hoc forum one week before the (Public Service Board) decision," said Williams. Rep. Darrow said that he was disappointed by Entergy's absence. "I was looking forward to Entergy's presentation. We gave them the opportunity to step up to the plate and give us their side. Evidently they are afraid of being in the same room as a knowledgeable, pro-nuclear person like Mr. Gundersen," he said. Darrow added that he believes an independent safety assessment similar to what was done at Maine Yankee in 1997 needs to be done before there is an uprate. According to Gundersen, the review done by the Nuclear Regulatory Commission (NRC) during the uprate process is substantially different from an independent safety assessment (ISA). "An ISA would have 20 or so guys from the NRC at Vermont Yankee for three or four months. It's very thorough and hands on," Gunderson said. There was sharp criticism aimed at Entergy for "perverting" the term independent safety assessment. Peter Alexander, executive director of the New England Coalition, accused Entergy of purposefully misusing the term "independent safety assessment" as a way of manipulating the public. "It shows a pattern of deception," he said. Neil Sheehan, spokesperson for NRC Region I, said the term can be used to mean a variety of things and did not consider Entergy's use of it to be deceptive. Gundersen, however, challenged that claim, reiterating that the term has a very specific use within the industry. Similar to Paul Blanch, another whistleblower who served as an expert witness for the coalition, Gundersen believes the NRC to be under the control of the industry. "NRC -- the letters stand for 'nobody really cares,'" he said. As the forum was in progress, the Senate Finance Committee voted to send a resolution to the Senate floor calling for an independent safety assessment, similar to the one performed at Maine Yankee. In addition to Darrow, Reps. Milkey, Partridge and Marek expressed support for an ISA. "I think it's clear that at the very least, we need an ISA done by people with no vested interest. It's the very least we can do to protect the safety of Vermonters," said Partridge. ***************************************************************** 29 Herald: Officers in nuclear submarine crash given reprimands Web Issue 1958 March 10 2004 IAN BRUCE, Defence Correspondent March 10 2004 TWO senior officers yesterday were reprimanded for negligence for allowing a Royal Navy nuclear submarine to crash into the seabed during an exercise to identify the skippers of the future. Commander Robert Fancy and Commander Ian McGhie both pleaded guilty at court-martial to contributing to the accident in November, 2002, when HMS Trafalgar ran aground close to Skye, causing £5m worth of damage to her hull and injuring three sailors. The £300m submarine was travelling 50 metres below the surface at more than 14 knots when it changed direction and struck rocks at Fladda Chuain, a small but well-charted islet. Commander Fancy had responsibility for navigation, while Commander McGhie was "teacher" in charge of the "Perisher" qualifying course for nuclear boat commanders and responsible for assessing the candidates under examination. Lieutenant-Commander Tim Green, a Perisher student, was navigating when the crash happened. He was not prosecuted, but has received an administrative censure. The court-martial, at Portsmouth naval base, heard how the students were denied the use of the submarine's usual inertial navigation and global positioning systems to test their ability to dead-reckon course, speed and location. Lieutenant-Commander Alison Towler, the naval prosecutor, said that Commanders Fancy and McGhie had failed in their responsibility and supervisory roles to ensure that Lieutenant-Commander Green's navigational calculations were accurate and safe. She said: "Lieutenant-Commander Green was struggling on the Perisher course. His chart work was untidy. This alone should have put Commander Fancy on notice that all was not well, encouraging him to pay more attention to the navigational aspects." Commander Fancy, who is now the skipper of HMS Triumph and commander of the Devonport flotilla of nuclear hunter-killer boats, was severely reprimanded and Commander McGhie, who was removed from his "teacher" post and has in a staff job at the Ministry of Defence, was reprimanded. Safety procedures on Perisher courses have been revised. Copyright © Newsquest (Herald & Times) Limited. All Rights ***************************************************************** 30 [RADMETAL] Oppose EPA Proposal to Weaken Rad Waste Standards! Date: Wed, 10 Mar 2004 11:26:27 -0600 (CST) *** Apologies for cross-posting *** !!! A C T I O N A L E R T !!! March 10, 2004 Tell the EPA to withdraw its proposal to allow nuclear waste to be dumped in standard, community landfills or other non-licensed facilities! The U.S. Environmental Protection Agency (EPA) has issued an advance notice of proposed rulemaking regarding the "management and disposal of low-activity radioactive waste" that creates the possibility for dangerous nuclear waste to be disposed in dumps and landfills that are not licensed for or designed to contain it. This would permit certain radioactive wastes to be treated as if they were actually non-radioactive, and therefore exempt from standards designed to isolate and contain radiation, and prevent forced radiation exposures to the public. Tell the EPA to retract this harmful, regressive policy! The deadline for submission is midnight on March 17.* Submit prepared comments to the EPA via Public Citizen's Web site at this URL: http://action.citizen.org/pc/issues/alert/?alertid=5325981 (Sample comments are available on this page, which you may send as-is or modify if you so choose.) Why would the EPA, the primary federal agency with the stated mission "to protect human health and to safeguard the natural environment," actually suggest that we roll back existing regulations on the management of nuclear waste materials? One major reason that the agency would suggest that a "non-regulatory approach" for managing nuclear waste be considered is that such an approach could save the nuclear industry millions of dollars, since it always costs less money to dump nuclear waste in a regular community landfill (where your household trash is sent) than it does to properly store the waste in a licensed facility. The EPA worked with the Nuclear Regulatory Commission (NRC) -- the federal agency charged with regulating nuclear reactors, materials, and wastes, which originated the reckless concept that some nuclear wastes are "Below Regulatory Concern" -- in developing this proposed rulemaking. This could explain why the EPA is interested in "partnering" with nuclear waste generators to find creative ways to ease the "regulatory burden" on such companies. The NRC has developed a reputation as an agency that coddles the industry it is supposed to be regulating. If the EPA works with the NRC on nuclear waste matters, a move towards deregulation should not be unexpected. There are several distinct problems with EPA's rulemaking proposal: (1) It introduces an option to allow mixed radioactive and hazardous wastes to be dumped in facilities that have permits only for hazardous wastes. This is unacceptable, since hazardous waste dumps are not designed to isolate and contain radiation, and there has not been substantial research into how radioactive and chemical pollutants react synergistically in the environment and the human body. (2) It introduces an option to allow radioactive waste (that is not mixed with hazardous) to go to sites that do not have licenses or regulations for handling it, such as standard garbage dumps (sometimes known as "sanitary landfills"), incinerators, or hazardous sites. Without maintaining specific, stringent regulations at facilities that can accept radioactive waste, adjacent communities face the hazard of radioactive contamination, as many existing facilities leak. (3) The EPA's "non-regulatory approach" to managing waste by "partnering" with nuclear waste generators works to protect industry, not the public. EPA's notice of proposed rulemaking does not describe how nuclear fuel cycle radiation will be isolated and contained from the environment and human contact for its entire hazardous lifetime. Further, the notice does not explain how the newly suggested approaches for managing waste will serve to further the EPA's mission "to protect human health and to safeguard the natural environment," whereas it is clearly noted that simplification and reduction of the "regulatory burden" are desired goals. No regulatory barriers are described that would prevent the nuclear wastes at issue from going to recycling facilities and contaminating the recycling streams which feed the production of everyday household items like cookware, toys, cars, and furniture. No barriers are described that would keep commercial projects such as roads, bridges and buildings free of this contamination. (4) The EPA's proposal merges with, and would facilitate, the NRC's own rulemaking to deregulate and release radioactive waste materials from control, a process ironically called "Control of Solids." The two agencies are working to redefine radioactive materials/waste, using industry-friendly science that plays down health and environmental concerns, so that waste which has heretofore been regulated and contained can be released to unlicensed landfills, incinerators or even recyclers, where it would have routine contact with the public and the environment. Two other agency-based campaigns of regulatory rollback will also increase the risk of forced radiation exposures to the public: 1.The NRC and the Department of Transportation have recently finalized new transport regulations that will exempt various levels of hundreds of radionuclides from regulatory control during transit. Any wastes that do not require regulation, labeling, manifesting, or other controls during transport will be easier for waste generators to get rid of, after the wastes leave the point of production. Considering heightened terrorist concerns in a post-9/11 world, it is particularly disturbing that additional unregulated materials could be on roads, rails, barges and aircraft, providing further fuel for dirty bombs. 2.The Department of Energy is in the midst of a Programmatic Environmental Impact Statement to address the release of radioactive metals from its sites. Right now, it is important that you send your comments to the EPA so that the agency terminates any plans to foster deregulation of "low-activity" radioactive wastes, and dump them in landfills. Submit comment to the NRC here: http://action.citizen.org/pc/issues/alert/?alertid=5325981 Public Citizen's full comments to the EPA will be posted soon on our "Radioactive Recycling" Web site: http://snipurl.com/50ba * The EPA comment period may be extended, per requests from Public Citizen and other groups. We will notify you in this eventuality. ********** If you would like to be removed from the RADMETAL ListServ, send an email to listserv@listserver.citizen.org with the words "unsubscribe radmetal" in the message. Questions about the RADMETAL ListServ can be directed to RADMETAL-request@LISTSERVER.CITIZEN.ORG. To learn more about this and other Public Citizen Critical Mass Energy and Environment Program campaigns, visit our website at http://www.citizen.org/cmep/ -Public Citizen's Critical Mass Energy and Environment Program ***************************************************************** 31 FR: Idaho: EPA rule on waste FR Doc 04-5368 [Federal Register: March 10, 2004 (Volume 69, Number 47)] [Rules and Regulations] [Page 11322-11326] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr10mr04-16] ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [FRL-7634-3] Idaho: Final Authorization of State Hazardous Waste Management Program Revision AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: Idaho applied to the United States Environmental Protection Agency (EPA) for final authorization of changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). On August 1, 2003, EPA published a proposed rule to authorize the changes and opened a public comment period. The comment period closed on September 15, 2003. Today, EPA has decided that these revisions to the Idaho hazardous waste management program satisfy all of the requirements necessary to qualify for final authorization and is authorizing these revisions to Idaho's authorized hazardous waste management program in today's final rule. EFFECTIVE DATE: Final authorization for the revisions to the hazardous waste program in Idaho shall be effective at 1 p.m. e.s.t. on March 10, 2004. FOR FURTHER INFORMATION CONTACT: Jeff Hunt, WCM-122, U.S. EPA Region 10, Office of Waste and Chemicals Management, 1200 Sixth Avenue, Mail Stop WCM-122, Seattle, Washington, 98101, phone (206) 553-0256. SUPPLEMENTARY INFORMATION: A. Why Are Revisions to State Programs Necessary? States which have received final authorization from EPA under RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste program that is equivalent to and consistent with the Federal program. States are required to have enforcement authority which is adequate to enforce compliance with the requirements of the hazardous waste program. Under RCRA section 3009, States are not allowed to impose any requirements which are less stringent than the Federal program. Changes to State programs may be necessary when Federal or State statutory or regulatory authority is modified or when certain other changes occur. Most commonly, States must change their programs because of changes to EPA's regulations in title 40 of the Code of Federal Regulations (CFR) parts 124, 260 through 266, 268, 270, 273 and 279. Idaho's hazardous waste management program received final authorization effective on April 9, 1990 (55 FR 11015, March 29, 1990). EPA also granted authorization for revisions to Idaho's program effective on June 5, 1992 (57 FR 11580, April 6, 1992), on August 10, 1992 (57 FR 24757, June 11, 1992), on June 11, 1995 (60 FR 18549, April 12, 1995), on January 19, 1999 (63 FR 56086, October 21, 1998), and most recently on July 1, 2002 (67 FR 44069, July 1, 2002). Today's final rule addresses a program revision application that Idaho submitted to EPA on June 6, 2003, in accordance with 40 CFR 271.21, seeking authorization of changes to the State program. On August 1, 2003, EPA published a proposed rule announcing its intent to grant Idaho final authorization for revisions to Idaho's hazardous waste program and provided a period of time for the receipt of public comments. The proposed rule can be found at 68 FR 45192. B. What Were the Comments to EPA's Proposed Rule? EPA received one adverse comment letter during the comment period on the proposed rule. The comment letter was submitted by the Environmental Defense Institute, Keep Yellowstone Nuclear Free and David B. McCoy, collectively the commentors. EPA has taken into consideration the comments relating to the authorization of revisions to the Idaho hazardous waste management program in taking today's action. The issues raised by the commentors for purposes of this revision authorization and EPA's responses follow below. The commentors raised issues in the following areas: (1) The commentors asserted that EPA is obligated to delay issuing a final rule for authorization of these revisions to the Idaho hazardous waste management program until completion of an EPA Office of Inspector General (IG) investigation based on a petition submitted to the Office of Inspector General on August 8, 2000; (2) the commentors asserted that Idaho's intent to move forward with the closure plan for two high level radioactive waste (HLW) and mixed waste tanks at the Idaho National Engineering and Environmental Laboratory (INEEL) violates the recent U.S. District Court ruling in Natural Resources Defense Council, et al. v. Spencer Abraham (NRDC v. Abraham), Case No. 01-CV-413 (July 3, 2003) and requires EPA intervention to ensure enforcement of the applicable law, in particular with respect to RCRA ``mixed waste;'' (3) the commentors asserted that the Tank Farm Facility (TFF) ``closure plan is in violation of RCRA since the DOE/ID has no INEEL RCRA Part B Permit;'' and (4) the commentors asserted that the Waste Calcine Facility (WCF) at the INEEL was improperly closed under RCRA because the facility closed with RCRA mixed waste and HLW in place. While these comments focused on a single facility in Idaho and the decisions made by DEQ regarding that facility, the commentors, both in the comment letter and in the numerous attachments thereto, implied that DEQ's actions at this facility had program-wide implications. In preparing its response to these comments, EPA reviewed, among other documents, the comments and their attachments, the available files on the particular permits and units, including the WCF and the TFF, and the recent ruling in NRDC v. Abraham, as well as the joint amicus brief submitted by the States of Idaho, Washington, Oregon and South Carolina, and the Memorandum of Points and Authorities filed on March 6, 2003 by the United States Department of Justice on behalf of the Department of Energy. The administrative record compiled for this final rule can be located by contacting the individual listed in the For Further Information Contact section of this rule. With respect to the first comment on the proposed rule, EPA does not agree that it is obligated to delay this action until completion of an IG investigation.\1\ The revisions to authorized hazardous waste programs are addressed in the regulations at 40 CFR 271.21. Program revisions are approved or disapproved by the Administrator based on the requirements of 40 CFR part 271 and the Resource Conservation and Recovery Act, as amended, (Act). See 40 CFR 271.21(b)(2). The Administrator has the discretion, among other things, to decline to approve a program revision as well as to withdraw approval of an authorized state program for cause. For purposes of today's action, EPA has determined, based on the administrative [[Page 11323]] record, that authorizing these revisions to Idaho's hazardous waste management program meets the requirements for authorization and continues to ensure that the authorized program in Idaho can meet the requirements for permitting, enforcement, and environmental protection at the INEEL facility and throughout the State of Idaho. The revisions in today's final rule include the rules in Idaho that add all delegable federal hazardous waste rules promulgated between July 1, 1998, and July 1, 2001 (with the exception of parts of the post closure rule), to the already existing hazardous waste program. \1\ Nor did the IG reach such a conclusion in the Final Evaluation Report ``Review of EPA's Response to Petition Seeking Withdrawal of Authorization for Idaho's Hazardous Waste Program,'' Report No. 2004-P-00006, February 5, 2004. The IG did conclude that ``Region 10 generally relied on appropriate regulatory requirements and standards in reaching its conclusion that evidence did not exist to commence proceedings to withdraw the State of Idaho's authority to run its RCRA Hazardous Waste program.'' EPA does not agree with the second assertion made by the commentors. The commentors asserted that Idaho's intent to move forward with the closure plan for HLW tanks at the INEEL violated the recent U.S. District Court ruling in NRDC v. Abraham, Case No. 01-CV-413 (July 3, 2003), and requires EPA intervention to ensure enforcement of the applicable law, in particular with respect to RCRA ``mixed waste.'' The tanks which are of issue are tanks WM-182 and WM-183 located within the TFF at the INEEL. The tanks are subject to RCRA and the Department of Energy's (DOE) authority under the Atomic Energy Act (AEA), as DOE maintains, or to the Nuclear Waste Policy Act (NWPA), as the District Court concluded. The U.S. Department of Justice, on behalf of DOE, has appealed the NRDC v. Abraham decision to the Ninth Circuit Court of Appeals. The commentors failed to distinguish the RCRA ``mixed waste'' authority and its application to the tanks from those radioactive solid waste issues which may be the subject of the NWPA or the AEA. The State of Idaho joined the States of Oregon, South Carolina and Washington in an amicus brief to the Court to discuss the complex issues involved in the case of NRDC v. Abraham. The joint brief argued from the States' perspective that the DOE had to apply the definition of HLW under the NWPA to determine whether radioactive solid waste met the definition of HLW. The ruling, which the United States appealed, held that DOE did not have discretion to dispose of HLW in other than the type of repository required by the NWPA and that a DOE order, which set a DOE policy to make decisions on how to classify radiological waste, conflicted with the NWPA and was invalid. The Idaho Department of Environmental Quality (IDEQ) explained to the commentors by letter dated July 29, 2003, that the ruling might have implications for how DOE addresses the HLW in the tanks: Judge Winmill's decision did not issue any form of injunctive relief but advised instead that DOE should not take actions inconsistent with the decision. It may be possible for DOE to proceed with its planned RCRA closure at Tanks WM-182 and WM-183 without violating any part of Judge Winmill's order (e.g. if no HLW as defined by the NWPA is contained in the tanks). If on the other- hand, it is apparent that DOE will be unable to complete a portion of the RCRA closure plan due to the legal constraints of the NWPA, the Department will ask DOE to submit an amendment to the plan that provides for complete RCRA closure, while meeting other appropriate legal requirements. In the interim, nothing in Judge Winmill's decision prevents DOE from moving forward with the emptying and cleaning of other tanks and other closure activities. It is clear that Idaho understands the difference between the state's authority over RCRA ``mixed waste,'' the hazardous waste component of which is addressed by the RCRA-authorized hazardous waste program in Idaho, and ``HLW,'' the radiological component of which may be subject to the AEA, as DOE maintains, or to the NWPA, as the District Court concluded. Idaho is carrying out its responsibilities under the authorized hazardous waste program for ``mixed waste.'' EPA's direct intervention in this matter, which the commentors request, is not called for at this time. The commentors' third assertion was that the closure of two HLW tanks at INEEL is in violation of RCRA since the DOE/ID has no INEEL RCRA Part B Permit. EPA does not agree that the closure of the first two of eleven Tank Farm Facility (TFF) tanks without a permit violates RCRA. Interim status units are allowed to close pursuant to a closure plan approved in accordance with the Federal regulations at 40 CFR part 265 subpart G, incorporated by reference and authorized in the Idaho hazardous waste program at IDAPA 58.01.05.009. The commentors' final assertion was that the WCF at the INEEL facility improperly closed under RCRA because the facility closed with RCRA mixed waste and HLW in place rendering the facility a ``permanent disposal site'' for high-level radioactive waste and mixed hazardous transuranic waste. The WCF was closed in accordance with a closure plan approved by IDEQ pursuant to 40 CFR part 265 subpart G. The WCF closure plan called for capping the WCF with a concrete cap. A draft partial post-closure permit for the WCF was provided to the public for review and comment on May 23, 2003, and a final partial post-closure permit was issued for WCF and became effective on October 16, 2003. The concrete cap was a component of the post-closure permit. The commentors' allegation relates to the policy challenged in NRDC v. Abraham. The resolution of this issue does not reside in the RCRA statute or regulations and cannot be resolved in this authorization. Regardless of the ultimate resolution of the DOE policy challenged in NRDC v. Abraham, the comment on the WCF is insufficient as a basis upon which to decide the merits of authorizing this revision to the Idaho program. The revision and the program as a whole meet the requirements for authorization. C. What Decisions Have We Made in This Rule? EPA has made a final determination that Idaho's revisions to the Idaho authorized hazardous waste program meet all of the statutory and regulatory requirements established by RCRA for authorization. Therefore, EPA is authorizing the revisions to the Idaho hazardous waste program and authorizing the State of Idaho to operate its hazardous waste program as described in the revision authorization application. Idaho's authorized program will be responsible for carrying out the aspects of the RCRA program described in its revised program application, subject to the limitations of RCRA, including the Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal requirements and prohibitions imposed by Federal regulations that EPA promulgates under the authority of HSWA are implemented by EPA and take effect in States with authorized programs before such programs are authorized for the requirements. Thus, EPA will implement those HSWA requirements and prohibitions in Idaho, including issuing permits or portions of permits, until the State is authorized to do so. D. What Will Be the Effect of Today's Action? The effect of today's action is that a facility in Idaho subject to RCRA must comply with the authorized State program requirements and with any applicable Federally-issued requirement, such as, for example, the federal HSWA provisions for which the State is not authorized, and RCRA requirements that are not supplanted by authorized State-issued requirements, in order to comply with RCRA. Idaho has enforcement responsibilities under its State hazardous waste program for violations of its currently authorized program and will have enforcement responsibilities for the revisions which are the subject of this final rule. EPA continues to have independent [[Page 11324]] enforcement authority under RCRA sections 3007, 3008, 3013, and 7003, which include, among others, authority to: Conduct inspections; require monitoring, tests, analyses or reports; Enforce RCRA requirements, including State program requirements that are authorized by EPA and any applicable federally-issued statutes and regulations; suspend, modify or revoke permits; and Take enforcement actions regardless of whether the State has taken its own actions. This final action approving these revisions will not impose additional requirements on the regulated community because the regulations for which Idaho's program is being authorized are already effective under State law. E. What Rules Are We Authorizing With Today's Action? On June 6, 2003, Idaho submitted a complete program revision application, seeking authorization for all delegable Federal hazardous waste regulations codified as of July 1, 2001, as incorporated by reference in IDAPA 58.01.05.(002)-(016) and 58.01.05.997, except specific portions of the post closure rule noted in the paragraphs below.\2\ EPA has determined that the revisions to Idaho's hazardous waste program satisfy all of the requirements necessary for final authorization, and EPA is authorizing the state's changes. \2\ Sections of the Federal hazardous waste program are not delegable to the states. These sections are 40 CFR part 262, subparts E, F, & H; 40 CFR 268.5; 40 CFR 268.42(b); 40 CFR 268.44(a)-(g); and 40 CFR 268.6. Authority for implementing the provisions contained in these sections remains with EPA. In this final rule, Idaho is receiving partial authorization for the Post Closure Rule promulgated on October 22, 1998 (63 FR 56710). Idaho is not receiving authorization for 40 CFR 270.1(c)(7), Enforceable documents for post-closure care; 40 CFR 265.121, Post- closure requirements for facilities that obtain enforceable documents in lieu of post-closure permits; 40 CFR 265.110(c), and 40 CFR 265.118(c)(4). These provisions are described in the Post Closure rule preamble at 63 FR 56712 section a., Post-closure care under alternatives to permits. Idaho is not receiving authorization for the clause ``* * * or in an enforceable document (as defined in 270.1(c)(7))'' in the following sections which are incorporated by reference into Idaho's hazardous waste program: 40 CFR 264.90(e), 264.90(f), 264.110(c), 264.112(b)(8), 264.112(c)(2)(iv), 264.118(b)(4), 264.118(d)(2)(iv), 264.140(d), 265.90(f), 265.110(d), 265.112(b)(8), 265.118(c)(5), 265.140(d), 270.1(c) introduction, and 270.28. F. Who Handles Permits After This Authorization Takes Effect? Idaho will issue permits for all the provisions for which it is authorized and will administer the permits it issues. All permits or portions of permits issued by EPA prior to final authorization of this revision will continue to be administered by EPA until the effective date of the issuance, re-issuance after modification, or denial of a State RCRA permit or until the permit otherwise expires or is revoked, and until EPA takes action on its permit or portion of permit. HSWA provisions for which the State is not authorized will continue in effect under the EPA-issued permit or portion of permit. EPA will continue to issue permits or portions of permits for HSWA requirements for which Idaho is not yet authorized. G. What Is Codification and Is EPA Codifying Idaho's Hazardous Waste Program as Authorized in This Rule? Codification is the process of placing the State's statutes and regulations that comprise the State's authorized hazardous waste program into the Code of Federal Regulations. EPA does this by referencing the authorized State's authorized rules in 40 CFR part 272. EPA is reserving the amendment of 40 CFR part 272, subpart F for codification of Idaho's program at a later date. H. How Does Today's Action Affect Indian Country (18 U.S.C. Section 1151) in Idaho? EPA's decision to authorize the Idaho hazardous waste program does not include any land that is, or becomes after the date of this authorization, ``Indian Country,'' as defined in 18 U.S.C. 1151. This includes: (1) All lands within the exterior boundaries of Indian reservations within or abutting the State of Idaho; (2) any land held in trust by the U.S. for an Indian tribe; and (3) any other land, whether on or off an Indian reservation that qualifies as Indian country. Therefore, this action has no effect on Indian country. EPA retains jurisdiction over ``Indian Country'' as defined in 18 U.S.C. 1151. I. Statutory and Executive Order Reviews 1. Executive Order 12866 Under Executive Order 12866 (58 FR 51735, October 4,1993), the Agency must determine whether the regulatory action is ``significant'', and therefore subject to OMB review and the requirements of the Executive Order. The Order defines ``significant regulatory action'' as one that is likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more, or adversely affect in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local or tribal governments or communities; (2) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligations of recipients thereof; or (4) raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order. It has been determined that this final rule is not a ``significant regulatory action'' under the terms of Executive Order 12866 and is therefore not subject to OMB review. 2. Paperwork Reduction Act The Paperwork Reduction Act, 44 U.S.C. 3501, et seq., is intended to minimize the reporting and record-keeping burden on the regulated community, as well as to minimize the cost of Federal information collection and dissemination. In general, the Act requires that information requests and record-keeping requirements affecting ten or more non-Federal respondents be approved by OPM. Since this final rule does not establish or modify any information or record-keeping requirements for the regulated community, it is not subject to the provisions of the Paperwork Reduction Act. 3. Regulatory Flexibility The Regulatory Flexibility Act (RFA), as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA), 5 U.S.C. 601 et seq., generally requires federal agencies to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of today's rule on small entities, small entity is defined as: (1) A small business, as codified in the Small Business Size Regulations at 13 CFR [[Page 11325]] part 121; (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and (3) a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field. EPA has determined that this action will not have a significant impact on small entities because the final rule will only have the effect of authorizing pre-existing requirements under State law. After considering the economic impacts of today's proposed rule, I certify that this action will not have a significant economic impact on a substantial number of small entities. 4. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act (UMRA) of 1995 (Pub. L. 104-4) establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local and tribal governments and the private sector. Under section 202 of the UMRA, EPA generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with ``Federal mandates'' that may result in expenditures to State, local and tribal governments, in the aggregate, or to the private sector, of $100 million or more in any year. Before promulgating an EPA rule for which a written statement is needed, Section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the least costly, most cost-effective or least burdensome alternative if the Administrator publishes with the final rule an explanation why the alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. This rule contains no Federal mandates (under the regulatory provisions of Title II of the UMRA) for State, local or tribal governments or the private sector. It imposes no new enforceable duty on any State, local or tribal governments or the private sector. Similarly, EPA has also determined that this rule contains no regulatory requirements that might significantly or uniquely affect small government entities. Thus, the requirements of section 203 of the UMRA do not apply to this rule. 5. Executive Order 13132: Federalism Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure ``meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.'' ``Policies that have federalism implications'' is defined in the Executive Order to include regulations that have ``substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among various levels of government.'' This rule does not have federalism implications. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among various levels of government, as specified in Executive Order 13132. This rule addresses the authorization of pre- existing State rules. Thus, Executive Order 13132 does not apply to this rule. 6. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Executive Order 13175, entitled ``Consultation and Coordination With Indian Tribal Governments'' (65 FR 67249, November 9, 2000), requires EPA to develop an accountable process to ensure ``meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.'' This rule does not have tribal implications, as specified in Executive Order 13175. Thus, Executive Order 13175 does not apply to this rule. 7. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks Executive Order 13045 applies to any rule that: (1) is determined to be ``economically significant'' as defined under Executive Order 12866, and (2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. This rule is not subject to Executive Order 13045 because it is not economically significant as defined in Executive Order 12866 and because the Agency does not have reason to believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. 8. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This rule is not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a ``significant regulatory action'' as defined under Executive Order 12866. 9. National Technology Transfer and Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (``NTTAA''), Public Law No. 104-113, 12(d) (15 U.S.C. 272) directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus bodies. The NTTAA directs EPA to provide Congress, through the OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. This rule does not involve ``technical standards'' as defined by the NTTAA. Therefore, EPA is not considering the use of any voluntary consensus standards. 10. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low Income Populations To the greatest extent practicable and permitted by law, and consistent with the principles set forth in the report on the National Performance Review, each Federal agency must make achieving environmental justice part of its mission by identifying and addressing, as [[Page 11326]] appropriate, disproportionately high and adverse human health and environmental effects of its programs, policies, and activities on minority populations and low-income populations in the United States and its territories and possessions, the District of Columbia, the Commonwealth of Puerto Rico, and the Commonwealth of the Mariana Islands. Because this rule addresses authorizing pre-existing State rules and there are no anticipated significant adverse human health or environmental effects, the rule is not subject to Executive Order 12898. 11. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5. U.S.C. 804(2). This rule will be effective on the date the rule is published in the Federal Register. List of Subjects in 40 CFR Part 271 Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous waste, Hazardous waste transportation, Indian lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements. Authority: This action is issued under the authority of sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended 42 U.S.C. 6912(a), 6926, 6974(b). Dated: March 3, 2004. L. John Iani, Regional Administrator, Region 10. [FR Doc. 04-5368 Filed 3-9-04; 8:45 am] BILLING CODE 6560-50-P ***************************************************************** 32 NYT: Toxic Dumping Ground Looks to Spread the Pain Dan Cappellazzo for The New York Times Richard D'Angelo, a drum supervisor who has been with Chemical Waste Management for 19 years, taking notes in the drum and solid-waste storage area of the site. By ANTHONY DePALMA Published: March 10, 2004 [M] ODEL CITY, N.Y. - The trucks roll in way before sunrise, when few lights are on and almost no one is awake. But people around here, even those who cannot hear the trucks grinding past with their toxic cargo, say they are always aware of where the convoy is going. The trucks come here, as they have for decades, to dump the stuff almost no one wants in this place that almost no one seems to care about. There are 20, 30, sometimes 40 loads a day, enough to build a mound 110 feet tall right in the middle of what old-timers remember was an orchard of sweet Niagara County peaches. Now, where those trees once quivered in breezes from Lake Ontario, the 710-acre Chemical Waste Management landfill towers above every building for miles. People here do not like to say so but they have the distinction of having the only hazardous waste landfill left in the Northeastern United States, a sprawling toxic stockyard of acids, chemicals and other hazards, including the desk Tom Brokaw was using when his office was contaminated with anthrax. For a long time, residents have hoped that state environmental officials would recognize how unfair it is to keep asking them to be the toxic dumping ground for the whole region. They have waited 16 years for the New York Department of Environmental Conservation to comply with a legislative order to spread the burden throughout the state. Finally, last November, a draft report was released, and they were disappointed again. The 50-page draft left locals feeling certain the state wants them to keep the dump and the toxic trucks for some time to come. Not only that, but there could be more - lots more - on the way. "I guess what they're telling us is 'You have it, nobody else wants it, so you're going to have to keep it,' " said Merton K. Wiepert, supervisor of the town of Porter, where Model City and part of the landfill are situated. "And that's not fair." Environmental experts say that the state's inactivity was prompted not by cold feet but by the cold reality of handling hazardous wastes today. More than a decade of consolidation has left just a handful of commercial hazardous waste landfills in the country, which, they say, is not necessarily a bad thing. Those that remain are big, well financed and easier for regulators to watch. But after Love Canal - 10 miles south of here - focused attention on the danger of chemical dumping in the early 1980's, it has become nearly impossible to find a community willing to accept even a well-designed and environmentally sound landfill. That often leaves expanding existing landfills the easiest option. "New York is thrilled not to have to look for another site," said Michael B. Gerrard, an environmental lawyer in New York. "I'm not a bit surprised that the department hasn't come up with an alternative." Federal officials say the Model City landfill is generally well run, and they consider the thick layer of clay beneath it to be well suited for containing toxic waste over the long haul. State officials also welcome the landfill, which accepts waste from more than 2,000 manufacturers through the Northeast and eases the way for New York to export some of its wastes to other states. Michael Fraser, spokesman for the Department of Environmental Conservation, defended the new draft plan, saying it was never intended to select alternative sites. "The task at D.E.C.," Mr. Fraser said, "was to prepare a siting plan to establish a framework to guide the state agencies," which would have to approve new landfills. He declined to make further comment. For some of the 25,000 people who live in this flatland of family farms and gracious homes near the Niagara River, the plan is proof the state has written them off. "People here are so defeated," said Amy Witryol, a retired bank executive in nearby Lewiston. "No matter what we do, it seems the government is not going to try to help us." The federal government itself bequeathed a legacy even more menacing. Copyright 2004 The New York Times Company ***************************************************************** 33 Las Vegas SUN: Scientists detail Yucca water threat More water will travel through mountain than thought, panel is told By Launce Rake < [lrake@lasvegassun.com] > Reports issued Tuesday to an independent federal review board could spell troubling news for backers of a nuclear waste dump at Yucca Mountain. Scientists told the U.S. Nuclear Waste Technical Review Board that the climate at Yucca Mountain, 90 miles northwest of Las Vegas, has been and will again be cooler and wetter than it is today, providing more water to corrode metal canisters holding the highly radioactive waste. Another scientist told the board's panel on the natural systems at Yucca Mountain that old Energy Department models of the rate that water seeps through the mountain's rock were inadequate, meaning that much more water may penetrate the mountain than once thought. The issues discussed Tuesday shed light on potentially problematic issues for the Energy Department, which plans to begin storing 77,000 tons of nuclear waste in Yucca Mountain by 2010. The Energy Department plans to submit a license application with the Nuclear Regulatory Commission by December that would allow the agency to move forward with the plan to dump the waste. The Energy Department is trying to answer hundreds of technical questions raised by the NRC before submitting the license application. The Nuclear Waste Technical Review Board is charged with analyzing the Energy Department's scientific and technical activities related to the Yucca Mountain program. The Energy Department's long-standing flow models said water traveled a millimeter or less through the rock. At the review board's panel discussion, Alan L. Flint, a research hydrologist with the U.S. Geological Survey, said the flow could be 5 millimeters to 80 millimeters in some locations. Flint said the government's early models showed a high degree of lateral movement of the water. That model would indicate that much of the water flowed off Yucca Mountain. But Flint, referring to numerous studies, said evidence now shows much of the water can move vertically through fractures or fissures in the rock. Robert Loux, executive director for the Nevada Agency for Nuclear Projects, said the research presented Tuesday backs long-standing concerns among scientists and Nevada policymakers. "The state has always believed that the infiltration of ground water is the big problem," Loux said. "The Energy Department knows it has a big problem with ground water and how to manage it, and that's the big problem with Yucca Mountain." Steve Frishman, technical policy coordinator for the Nevada Agency for Nuclear Projects, said the Energy Department "vastly underestimated" the flow through the rock. "It's a model that we had been telling them for years is wrong," he said. "The fracture flow is very important to the system. ... We're looking at something that was a millimeter or less a year to a minimum of 5 millimeters to as high as 80 millimeters a year. "If they had known in 1987 that the more correct hydrologic flow included fractured flow, they probably would never have continued with this site," Frishman said. The Energy Department now has the tough job of finding ways to reduce the movement of water through Yucca Mountain and must also address the possible flow of radioactive particles into the ground water if and when the storage canisters leak, Frishman said. Engineering a solution is difficult because the time frame to deal with is in the tens or hundreds of thousands of years, he said. "No matter how you tweak the model, you can't make the mountain better than what it is," Frishman said. "As soon as you lose the metal container, the mountain takes over." Another issue that the federal government has to handle is the weather -- or more precisely, the long-term climate change that some scientists now believe is inevitable. Saxon Sharpe, a climatologist with the Desert Research Institute in Reno, looked at the climate 500,000 years in the past and in the future, and found broad cycles corresponding to the movement of the solar system. One implication of those cycles is that the earth generally is moving from an intermediary stage to a colder, wetter glacial stage, which means more water falling on and moving through Yucca Mountain. "The last 400,000 years encompassed higher, sometimes much higher, effective moisture relative to today," Sharpe said. "Climate is cyclical." The cooler, wetter period that the earth is entering should last more than 75,000 years, she said. Sharpe discounted global warming as a counteragent to the long-term trend because fossil fuels, the suspected trigger for global warming, will eventually run out. One model, she said, shows the man-made effects on the climate dissipating after 10,000 years. "There is a lot of controversy in terms of whom you talk to about long-term climate, but I would argue that the past is the key to the future," Sharpe told the panel. Irene Navis, planning manager for Clark County's Nuclear Waste Division, said the reports Tuesday reinforced suspicions that earlier studies on the suitability of Yucca Mountain as a waste site were "inadequate." "We are watching carefully the Nuclear Regulatory Commission's handling of the key technical issues to be sure that the technical matters such as how fast water travels through the repository are properly handled," she said. "One of the things we need to be sure of is if we have addressed all the variables." Yucca Project spokesman Allen Benson said the department's performance assessment models took into account water on small areas of the waste containers. "That employs as conservative an approach as possible," he said. As for Sharpe's studies, Benson said the department has incorporated her studies and even referenced her work in the performance models. Overall he said thousands of tests have been conducted during the 20 years of research on the program and most of the study had been on hydrology and geology of the site. About 450 bore holes have been drilled into the mountain for the tests. ***************************************************************** 34 Las Vegas SUN: Yucca official to address failed protection of workers Today: March 10, 2004 at 11:23:52 PST By Suzanne Struglinski WASHINGTON -- The Yucca Mountain Project's top official, two former workers and a cancer specialist and experts in worker safety will address the Energy Department's failure to protect employees from silica exposure at a Senate hearing in Las Vegas next week. Sen. Harry Reid, D-Nev., the top Democrat on the Senate appropriations subcommittee that funds the Energy Department, announced the witnesses today for Monday's hearing. He called for the hearing after the department admitted last month that it knew silica, which can cause the lung disease silicosis, existed at Yucca Mountain, but officials did not require workers digging a tunnel or mining rock there to wear protective gear to protect against silica. Workers dug a tunnel at Yucca as part of the department's research to study the site's ability to store nuclear waste. It plans to open a federal repository there in 2010. Gene Griego, a former Yucca Mountain worker who suffers from chronic lung problems and has documented 25 other workers who have silicosis or symptoms, will testify at the hearing as well as Jeff Dean, another former mine worker with silicosis who was assured dust levels were safe, according to Reid's office. Margart Chu, the department's Office of Civilian Radioactive Waste Management director, who oversees the entire project, will also testify. She sent a letter to Reid last month saying the department did not take safety precautions when workers were digging. Also scheduled to provide testimony are Dr. Nick Vogelzang, director of the Nevada Cancer Institute who has experience with silicosis, Mike Taylor, an industrial hygienist who specializes in providing clean and healthy industrial work environments and was responsible for monitoring work conditions at Yucca and Jim Weeks, a silicosis specialist and consultant for the United Mine Workers. "I believe the information we know now is just the tip of the iceberg and there is much more to come," Reid said. "It appears that DOE knowingly exposed these workers to a health hazard, and I want to hear Dr. Chu's explanation for how this could have happened." The public hearing is set for 10 a.m. on March 15 in the Commission Chambers at the Clark County Government Building, 500 S. Grand Central Parkway. ***************************************************************** 35 WOWT: Waste Site Considered Lawsuit settlement option Governor Mike Johanns is considering the merits of a low-level nuclear waste site in Nebraska to settle a lawsuit over the site that was never built. North Platte State Senator Don Pederson says, "He's interested in a substitute site being located in Nebraska." Many settlement options have been discussed, said Johanns' spokeswoman Terri Teuber. "It would be premature to talk about any specifics because there are none," she said. Johanns said when the court ruled against the state in 2002 that he believed it would be possible to build a safe site in Nebraska. "After all, we are generating waste in this state," he said at the time. The option of locating a site in Nebraska could be used by the attorney general to settle a lawsuit threatening a $151-million judgment against the state, Pederson said. U.S. District Judge Richard Kopf of Lincoln ruled in 2002 that former Governor Ben Nelson, now a U.S. senator, engaged in a politically motivated and orchestrated plot to keep the dump from being built in Nebraska. The site was to hold waste from Nebraska, Kansas, Arkansas, Louisiana and Oklahoma but it was never built and the legal battles began. Gray MidAmerica TV Interactive Media, LLC ***************************************************************** 36 RGJ: Your Turn: Safety is why we oppose Yucca Mountain Reno Gazette-Journal] [online@rgj.com] SPECIAL TO THE RENO GAZETTE-JOURNAL 3/9/2004 10:19 pm Nevada’s opposition to the Department of Energy’s plan putting the country’s highly radioactive nuclear waste at Nevada’s Yucca Mountain is summed up in one word: safety. After 20 years of DOE’s relentless march toward Yucca Mountain, disregarding science and laws, Nevada knows it can protect its citizens and its waters from radioactive contamination only by stopping the project. The technical issues are complicated and contentious, but one thing is beyond dispute. The federal agencies that are supposed to protect us — the Environmental Protection Agency, which sets an overall radiation dose limit for people; the Nuclear Regulatory Commission, which sets the construction and operation licensing rules; and, most important, DOE itself — have crafted safety standards and criteria specifically for Yucca Mountain that are significantly more lax than those that apply to any other possible nuclear waste repository in America. For example, for repositories other than Yucca Mountain, EPA’s regulation prescribes radiation dose limits at a radius of 5 kilometers from the repository. For Yucca Mountain, EPA stretched the distance to 18 kilometers toward contaminated groundwater flow — thus permitting substantial dilution before applying the EPA dose limit. At the Nuclear Regulatory Commission, waste repositories must have specific performance requirements for both geologic characteristics of the site and the metal waste containers. NRC has entirely dropped all specific geologic requirements in its regulation for Yucca Mountain, so DOE has the option to rely totally on the waste container. In reactor licensing, NRC does not permit relying on one barrier alone — it requires multiple barriers. But DOE badly needed this flexibility. DOE had found that Yucca Mountain could not meet the department’s own geologic criteria. The site is far more permeable to water flow than DOE imagined. To “fix” this before Secretary Spencer Abraham’s formal selection of the site in 2002, DOE adopted a new Yucca Mountain-specific regulation, one with no geologic criteria whatsoever. DOE’s old regulation is still on the books, but it applies to any repository other than Yucca Mountain. The DOE plan is to circumvent geology and gain approval that DOE’s “miracle metal” waste packages would last thousands of years. Here DOE may have outsmarted itself. Its story couldn’t get by the Nuclear Waste Technical Review Board’s scientists, the majority of whom were appointed by President Bush. Last November the board unanimously concluded that “widespread corrosion of the waste packages is likely” early on, and that “once started, such corrosion is likely to propagate rapidly.” This conclusion sent DOE reeling. DOE knows that once the packages leak, their radioactive contents would drip down to the moving water table below. This acts as a conveyer belt to Amargosa Valley, supplying 80 percent of Nevada’s dairy products. We have time to rethink the country’s overall approach to nuclear waste management. The urgent task is to get existing spent fuel bundles out of water pools adjacent to reactors and into “dry casks” — large, reinforced, air-cooled concrete vessels, NRC-approved for safety and security. This can be done with all but the hottest, most recently withdrawn spent fuel (which will always stay at the reactors). More than a dozen power reactor sites already use these casks. In its obsession with Yucca Mountain, DOE has disregarded accelerating this important effort. I’ve emphasized the safety threat to Nevada. But the rest of the country is getting a raw deal, too. Under DOE’s incompetent management, Yucca Mountain has become a bloated, near-$100 billion bonanza for favored contractors and energy bureaucrats. We need a fundamentally new approach. Bob Loux is executive director of the Nevada Agency for Nuclear Projects. © Copyright Reno Gazette-Journal, a [http://www.gannett.com] ***************************************************************** 37 RGJ: DRI staff say climate might not be stable at Yucca Reno Gazette-Journal] [online@rgj.com] ASSOCIATED PRESS 3/10/2004 12:56 am LAS VEGAS — It was wet 10,000 years ago in the Nevada desert near where the federal government plans to bury the nation’s nuclear waste, and climate changes could make it wetter again in about 600 years, scientists told a federal panel Tuesday. But a geologist and climatologist said they could not predict how wet it could get at the arid Yucca Mountain site during the more than 10,000 years the nation’s nuclear waste is expected to remain radioactive there. “There’s going to be a change in the amount of water delivered to Yucca Mountain,” said Eric McDonald, a Reno-based Desert Research Institute geologist and professor, after briefing a Nuclear Waste Technical Review panel studying the natural systems of the Yucca Mountain plan. “The question is what that means.” Changes in precipitation, seepage and possible migration of radiation-contaminated water is key to the Energy Department plan to license, build and entomb the nation’s most highly radioactive waste. The Bush administration and Congress picked the site 90 miles northwest of Las Vegas in 2002, and the Department of Energy plans by the end of this year to seek an operating license from the Nuclear Regulatory Commission. DOE planners insist the project will meet safety standards — including Environmental Protection Agency limits on the amount of radioactivity released from the site for the next 10,000 years. “If we had any indication that it would not be a safe system, then we would not be going forward,” said J. Russell Dyer, the senior Yucca Mountain planner attending the science panel. Project engineers expect that, over millennia, water seeping into mined tunnels will degrade metal alloy casks containing nuclear material 1,000 feet underground, he said. But project planners also expect the mountain’s ancient volcanic rock will isolate the radioactivity and its geology will filter contaminated water before it reaches the water table. The EPA has set a radiation exposure limit of 15 millirems per year — about the same as a single chest X-ray — measured 11 miles from the repository for up to 10,000 years. Nevada is mounting legal challenges to the Energy Department plan, and state lawyers in January told the U.S. Court of Appeals for the District of Columbia that the EPA was lax in setting the radiation standard. Steve Frishman, a state technical analyst on the Yucca project, said data presented to the technical board this week could be crucial for the Energy Department if the court rules the EPA standard is deficient. The five-member federal panel of scientists will report to the 11-member Technical Review Board, which could release its findings within months to Congress and the Energy Department. A similar panel last year faulted the DOE plan to use metal alloy casks to contain waste in a high-temperature repository. Paul Craig, a physicist and engineering professor at the University of California-Davis, quit the board in January saying the dump was poorly designed and could leak radioactivity. Margaret Chu, the Energy Department’s Yucca project chief, rejected the board’s findings as inconsistent with continuing DOE studies. Copyright Reno Gazette-Journal, a [http://www.gannett.com] ***************************************************************** 38 Sioux City Journal: Building nuclear waste dump may get Nebraska out of bind [http://www.siouxcityjournal.com Wednesday, March 10, 2004 LINCOLN, Neb. (AP) -- Gov. Mike Johanns wants to settle the low-level nuclear waste lawsuit by offering to build a dump in Nebraska, a state senator said Tuesday. "He's interested in a substitute site being located in Nebraska," said Sen. Don Pederson of North Platte following a meeting of the Legislature's budget-writing Appropriations Committee. Many settlement options have been discussed, said Johanns' spokeswoman Terri Teuber. "It would be premature to talk about any specifics because there are none," she said. Johanns said when the court ruled against the state in 2002 that he believed it would be possible to build a safe site in Nebraska. "After all, we are generating waste in this state," he said at the time. The option of locating a site in Nebraska could be used by the attorney general to settle the lawsuit to avoid paying a $151 million judgment against the state, Pederson said. Attorney General Jon Bruning did not immediately return a message left at his home late Tuesday. U.S. District Judge Richard Kopf of Lincoln ruled in 2002 that former Gov. Ben Nelson, now a U.S. senator, engaged in a politically motivated and orchestrated plot to keep the dump from being built in Nebraska. The dump was to hold waste from Nebraska, Kansas, Arkansas, Louisiana and Oklahoma -- which joined in 1983 to form the Central Interstate Low-Level Radioactive Waste Compact. Last month Nebraska lost its appeal of the lower court ruling. The state is currently appealing that decision to the full 8th U.S. Circuit Court of Appeals. Bruning has said that the state is looking at settlement options. Pederson said he does not know if discussion of an alternate site is part of the attorney general's settlement talks. "I'm not saying he's doing it, but it could be done," Pederson said. The other states in the Central Interstate compact voted in 1987 to put the dump in Nebraska. The proposed location of the site in Boyd County divided communities, destroyed friendships and created family feuds that last to this day. Lincoln Sen. Chris Beutler said he couldn't imagine that Johanns would want to put the state through the site location process again. Nebraska officials argued that they refused to license the dump because of concerns about possible pollution and a high-water table at the proposed site in Boyd County, near the South Dakota border. Utilities that generate radioactive waste filed the lawsuit, accusing Nebraska officials of acting in bad faith by not licensing the facility in 1998. Other states in the waste compact later joined the lawsuit. [http://www.siouxcityjournal.com/terms.html] ***************************************************************** 39 AU ABC: Minister rejects nuclear waste transport claims Australian Broadcasting Corporation Online"> [http://abc.net.au/] Wednesday, 10 March 2004 A Federal Government Minister has rejected claims by three German farmers in Australia to talk to people along the route for low level nuclear waste be taken from Lucas Heights to a repository at Woomera in South Australia. They will be in Broken Hill on Friday and say there are common concerns in Germany and Australia about accidents and contamination of land. Science Minister Peter McGauran says they have no evidence to support their claims that the transportation of waste is dangerous and had an undesirable impact on their communities. He says there have been no accidents in Germany involving the transport of nuclear waste and the same is true in Australia. [ more news ] Last Updated: 1:18:00 PM (AEDT) [http://www.abc.net.au ***************************************************************** 40 Savannah River: An Effort on Atomic Waste Is Called a Failure Date: Thu, 11 Mar 2004 01:43:57 -0500 As one example of the problems cited by the institute, based here, its report says the amount of radioactive cesium that the Energy Department now plans to leave behind in a single tank is five times as large as the amount it planned two years ago to leave in all 51 tanks combined. http://www.nytimes.com http://www.nytimes.com/2004/03/11/politics/11DUMP.html An Effort on Atomic Waste Is Called a Failure By MATTHEW L. WALD Published: March 11, 2004 ASHINGTON, March 10 - A multibillion-dollar program to deal with millions of gallons of high-level radioactive waste at a nuclear weapons plant in South Carolina is failing because technicians cannot get the waste out of the tanks where it has been stored for the last half-century, an influential environmental group says. Advertisement The failure raises the likelihood that the wastes will cause further contamination of the Savannah River, which separates South Carolina from Georgia, and underground water supplies, says a report due to be issued Thursday by the group, the Institute for Energy and Environmental Research. The Energy Department, however, maintains that all is going according to plan, despite the fact that a factory built to package the wastes in glass has produced nearly a third of the packages and that they contain only about 3 percent of the radioactivity at most. The wastes are left over from production of plutonium and tritium for nuclear weapons. For years the wastes were poured into giant underground tanks and mixed with chemicals to reduce the acidity and protect the tank walls. The result is that the tanks now hold a mixture of sludges, salts and liquids. The Energy Department's intention was to concentrate the radioactive components and mix them with molten glass. The material would then be shaped into logs that would be carefully sealed in stainless steel containers so they could be buried deep beneath the earth at Yucca Mountain, near Las Vegas, and remain isolated for 10,000 years. The remaining, less radioactive material was to be left behind at the South Carolina plant after being mixed with cement, into a mixture called "saltcrete" that would keep it from spreading. But the chemical process chosen to wash the most radioactive material out of the tanks also created benzene, an explosive gas, and had to be scrapped. The Energy Department is still working on a replacement process. As one example of the problems cited by the institute, based here, its report says the amount of radioactive cesium that the Energy Department now plans to leave behind in a single tank is five times as large as the amount it planned two years ago to leave in all 51 tanks combined. A different environmental group, the Natural Resources Defense Council, won a suit against the Energy Department in a federal court in Idaho last year over the department's plan to leave large amounts of radioactive material not only in South Carolina but in Idaho and Washington State as well. The department has appealed. The new report's principal author, Arjun Makhijani, president of the institute, said the Energy Department was turning the South Carolina plant, the Savannah River Site, into a "de facto high-level radioactive waste dump." But Charles Hansen, assistant manager for waste disposal at Savannah River, said in a telephone interview that the glass factory there was dealing with waste from the oldest, most leak-prone tanks first and that these had less radioactivity in them than the newer tanks. Jessie Roberson, the assistant secretary of energy for environmental management, said no tanks would be considered closed until outside regulators had concluded that the amount of radioactive material remaining inside did not pose a threat. She said plans were to remove 95 percent of the radioactivity. The Savannah River Site has already leaked radioactive isotopes and chemical poisons into the water, although contamination remains well below the levels allowed by federal drinking water standards. ***************************************************************** 41 DOE: Office of Science Financial Assistance Program Notice DE-FG01- FR Doc 04-5359 [Federal Register: March 10, 2004 (Volume 69, Number 47)] [Notices] [Page 11409-11411] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr10mr04-59] 04ER04-17; Innovative Technologies for In Vivo Targeted Radiopharmaceutical Dose Delivery and Deposition AGENCY: Department of Energy (DOE). ACTION: Notice inviting grant applications. SUMMARY: The Office of Biological and Environmental Research (OBER) of the Office of Science (SC), U.S. Department of Energy (DOE), hereby announce its interest in receiving grant applications to support one specific research area within the Medical Applications Program: Innovative Technologies for In Vivo Targeted Radiopharmaceutical Dose Delivery and Deposition. The emphasis will be on the therapeutic use of ionizing radiation. The specific goals include: (1) development of radiochemical methodologies for labeling the targeting molecules with and for site-specific delivery of therapeutic dose levels of radioactivity, and (2) development of radiobiology-based-microdosimetry techniques to accurately measure and predict the potential therapeutic use, dose and dose rate delivery of ionizing radiation. Applicants are encouraged to propose innovative methodologies and technologies to label biological ligands with therapeutic level radioactivity, ensure in vivo delivery of intact radioisotopically labeled molecules to specific tumor cell types, and develop novel microdosimetry paradigms. Applications for clinical trials using already developed compounds and techniques will not be considered. DATES: Before preparing a formal application, potential applicants are encouraged to submit a brief preapplication. All preapplications referencing Program Notice DE-FG01-04ER04-17, should be received by DOE by 4:30 p.m., eastern time, April 12, 2004. A response encouraging or discouraging the submission of a formal application will be communicated by electronic mail within approximately 2 weeks. Formal applications submitted in response to this notice must be received by 4:30 p.m., eastern time, June 15, 2004, to be accepted for merit review and be considered for award in Fiscal Year 2004 or early 2005. ADDRESSES: Preapplications referencing Program Notice DE-FG01-04ER04- 17, are to be sent, if possible, by e-mail or fax to Ms. Sharon Betson [sharon.betson@science.doe.gov] ; fax: 301-903-0567). Preapplications will also be accepted if mailed to the following address: Ms. Sharon Betson, Office of Biological and Environmental Research, SC-73, 19901 Germantown Road, Germantown, MD 20874-1290. Formal applications referencing Program Notice DE-FG01-04ER04-17, must be sent electronically by an authorized institutional business official through DOE's Industry Interactive Procurement System (IIPS) at: [http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leaving FR.html&log=linklog&to=http://e-center.doe.gov/] . IIPS provides for the posting of solicitations and receipt of applications in a paperless environment via the Internet. In order to submit applications through IIPS, your business official will need to register at the IIPS website. IIPS offers the option of using multiple files, please limit submissions to one volume and one file if possible, with a maximum of no more than four PDF files. The Office of Science will include attachments as part of this notice that provide the appropriate forms in PDF fillable format that are to be submitted through IIPS. Color images should be submitted in IIPS as a separate file in PDF format and identified as such. These images should be kept to a minimum due to the limitations of reproducing them. They should be numbered and referred to in the body of the technical scientific grant application as Color image 1, Color image 2, etc. Questions regarding the operation of IIPS may be e- mailed to the IIPS Help Desk at: [HelpDesk@pr.doe.gov] , or you may call the help desk at: (800) 683-0751. Further information on the use of IIPS by the Office of Science is available at: [http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leaving FR.html&log=linklog&to=http://www.sc.doe.gov/production/grants/gr ants.html] . If you are unable to submit an application through IIPS, please contact the Grants and Contracts Division, Office of Science at: (301) 903-5212 or (301) 903-3604, in order to gain assistance for submission through IIPS or to receive special approval and instructions on how to submit printed applications. FOR FURTHER INFORMATION CONTACT: Prem C. Srivastava, Ph.D., Office of Biological and Environmental Research, Medical Sciences Division, SC- 73, U.S. Department of Energy, 19901 Germantown Road, Germantown, MD 20874-1290, telephone: (301) 903-4071, fax: (301) 903-0567, e-mail: [ prem.srivastava@science.doe.gov] . The full text of Program Notice DE- FG01-04ER04-17 is available via the Internet using the following Web site address: [http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leaving FR.html&log=linklog&to=http://www.sc.doe.gov/production/grants/gr ants.html] . SUPPLEMENTARY INFORMATION: The BER Medical Applications Program supports directed nuclear medicine technology research in the areas of radiopharmaceutical development, molecular nuclear medicine and advanced biomedical imaging to promote the use of radioisotopes for non-invasive diagnosis and therapy. The early BER programs focused on understanding the physical, chemical and biologic consequences of radionuclide decay in the human body. Those studies led to much of the basic information that is still used today to describe the therapeutic effects of targeted radionuclides. DOE continued to fund projects and develop technologies for therapeutic effect and use of radiation that generated much of the current knowledge in radioisotope chemistry, identification of targeting agents, methods for chemical coupling of isotopes to targeting agents, scanning and imaging techniques, mathematical modeling and internal radiation dosimetry. This research has formed the basis for many current cancer targeted radionuclide therapy modalities in various stages of development. Current themes have developed about radiation's main molecular targets, absorbed energy doses and resultant radiation damage. This has led to the development of defined absorbed doses (Gy, Sv) that dominate our predictions about tumor destruction and normal tissue damage. Most radiobiology has been focused on radiation damage induced by high dose rate gamma and neutron exposures. Targeting with electrons, alpha and beta emitters employed at intermediate to low dose rate intensities requires a much better understanding of radiation damage to cells, and new paradigms need to be addressed to understand how best to use radioisotopes for selective destruction of solid tumors as compared to normal tissue. The recent emphasis on targeted radiopharmaceutical therapy agents against many forms of cancer has brought about an increase in the need for reliable and clinically meaningful, patient- specific internal dose calculations. The ability to link radiation dose to observed biological effect of radiation is complicated by a number of factors, including the heterogeneity of the activity distribution within normal organ tissue or within tumors, the range of the particles delivering the therapeutic dose, the total dose received, the dose rate at which the dose is delivered, (which depends on [[Page 11410]] the radionuclide half-life), and the radiosensitivity of the tumor cells. Basic research in molecular biology has provided new insights to the molecular basis of human disease and its potential molecular targets. DOE's current Molecular Nuclear Medicine Program encourages development of new technologies for molecular delivery of radioisotopes to disease target sites with a high degree of precision, recognition, and target selectivity. The availability of new technology for high resolution imaging of small animals should facilitate the evaluation of the biological effects of ionizing radiation. This notice is to solicit grant applications for developing innovative technologies for in vivo targeted radiopharmaceutical dose delivery and improved radiotoxic dose deposition in the target as compared to normal tissue. A well integrated team effort by scientists from overlapping disciplines of radiochemistry, radiopharmaceutical chemistry, cellular and molecular radiobiology, radiation oncology, targeted radiation therapy, microdosimetry and modeling will be important. Methodological approaches and sensitive technologies that can be adapted to deliver, deposit, measure and predict therapeutic levels of radiation dose to the target sites are sought. It will be important for each application to address also the following objectives: 1. Radiolabeling of targeting molecules at therapeutic dose levels of radioactivity. 2. Considerations of radiochemical and in vivo biological viability (activity, stability, target specificity, and selectivity) of the molecule, against sensitivity to structural perturbations in the molecule as a result of radiolabeling. 3. Radiopharmaceutical delivery of intact radioisotopically labeled molecules to tumor cells in therapeutic dose amounts. 4. Innovative measurement techniques for evaluating biological effects of therapeutic radiation at low dose rates in vivo at the molecular, cellular and metabolic levels. 5. Modeling and microdosimetry methods for understanding the biological effects of radiation at the cellular and subcellular level for guiding predictions about optimum radiation dose, radiation dose rate, and resultant tumor destruction and normal tissue damage. 6. Measurement techniques for accurately assessing the success of tumor targeting in vivo. 7. The research plan will support BER Medical Applications long term performance goals in scientific advancement by providing innovative radiopharmaceutical methodologies or technologies for use in solid tumor cell destruction. Applicants should note that only a methodology or a technology offering promise for intended use, and not the experimental data resulting from the proposed research will be considered an accomplishment and will contribute to the measures of performance. Program Funding It is anticipated that up to $2 million will be available for multiple awards starting Fiscal Year 2004 to Fiscal Year 2005, contingent upon the availability of appropriated funds and the scientific merit of the submitted applications. Previous awards have ranged from $200,000 to $400,000 per year (direct plus indirect costs) with terms lasting up to three years. Award sizes of approximately $400,000-$500,000 are anticipated for new, well integrated, multidisciplinary research grants. Applications may request project support up to three years, with out-year support contingent on the availability of appropriated funds, satisfactory progress in the research proposed, and programmatic needs. Preapplications A brief preapplication should be submitted. The cover sheet of the preapplication should list the title of the project, the institution, and the principal investigator's name, address, telephone, fax, and e- mail address. The preapplication should not exceed two pages (in addition to the cover sheet). It should identify and describe the research objectives, the methods proposed for accomplishment of the research, and the key members of the scientific team responsible for this effort. Preapplications will be evaluated relative to the scope and objectives of this solicitation. Merit Review Applications will be subjected to scientific merit review (peer review) and will be evaluated against the following evaluation criteria listed in descending order of importance as codified at 10 CFR 605.10(d): 1. Scientific and/or technical merit of the project; 2. Appropriateness of the proposed approach and methods; 3. Competency of the research team and adequacy of available resources; 4. Justification of the proposed budget. The evaluation will include program policy factors such as the relevance of the proposed research to the terms of the announcement and the agency's programmatic needs. It should be noted that external peer reviewers are selected on the basis of their scientific expertise and the absence of conflict-of-interest issues. Non-Federal reviewers may be used, and submission of an application constitutes agreement that this review process is acceptable to the investigator(s) and the submitting institution. Submission Information Information about the development, submission of applications, eligibility, limitations, evaluation, the selection process, and other policies and procedures may be found in 10 CFR part 605, and in the Application Guide for the Office of Science Financial Assistance Program. Electronic access to the Guide and required forms is made available via the World Wide Web at: [http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leaving FR.html&log=linklog&to=http://www.sc.doe.gov/production/grants/gr ants.html] . DOE is under no obligation to pay for any costs associated with the preparation or submission of applications if an award is not made. In addition, in response to this notice, the project description must be 25 pages or less, exclusive of attachments, and the application must contain a table of contents, an abstract or project summary, letters of intent from collaborators (if any), and short curriculum vitae, consistent with National Institutes of Health guidelines. Block 15 of the SC grant face page (form DOE F4650.2) should list the PI's phone number, fax number, and e-mail address. DOE policy requires that potential applicants adhere to 10 CFR part 745 ``Protection of Human Subjects'' or such later revision of those guidelines as may be published in the Federal Register. The Office of Science as part of its grant regulations requires at 10 CFR 605.11(b) that a recipient receiving a grant and performing research involving recombinant DNA molecules and/or organisms and viruses containing recombinant DNA molecules shall comply with NIH ``Guidelines for Research Involving Recombinant DNA Molecules,'' which is available via the World Wide Web at: [http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leaving FR.html&log=linklog&to=http://www.niehs.nih.gov/odhsb/biosafe/nih /rdna-apr98.pdf] (59 FR 34496, July 5, 1994) or such later revision of those guidelines as may be published in the Federal Register. The Catalog of Federal Domestic Assistance Number for this program is 81.049, and the solicitation control number is ERFAP 10 CFR part 605. [[Page 11411]] Issued in Washington, DC, March 3, 2004. Martin Rubinstein, Acting Director, Grants and Contracts Division, Office of Science. [FR Doc. 04-5359 Filed 3-9-04; 8:45 am] BILLING CODE 6450-01-P ***************************************************************** 42 DOE: Environmental Management Site-Specific Advisory Board, Hanford FR Doc 04-5362 [Federal Register: March 10, 2004 (Volume 69, Number 47)] [Notices] [Page 11411] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr10mr04-60] AGENCY: Department of Energy ACTION: Notice of open meeting. SUMMARY: This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Hanford. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of these meeting be announced in the Federal Register. DATES: Thursday, April 1, 2004, 9 a.m.-5 p.m., Friday, April 2, 2004, 8:30 a.m.-4 p.m. ADDRESSES: Red Lion Hotel Richland, Hanford House, 802 George Washington Way, Richland, WA, Phone: (509) 946-7611, Fax: (509) 943- 8564. FOR FURTHER INFORMATION CONTACT: Yvonne Sherman, Public Involvement Program Manager, Department of Energy Richland Operations Office, 825 Jadwin, MSIN A7-75, Richland, WA, 99352; Phone: (509) 376-6216; Fax: (509) 376-1563. SUPPLEMENTARY INFORMATION: Purpose of the Board: The purpose of the Board is to make recommendations to DOE and its regulators in the areas of environmental restoration, waste management, and related activities. Tentative Agenda Thursday, April 1, 2004 Risk Base End States K Basins Sludge Path Forward Tank C-106 Final Hanford Solid Waste-EIS Friday, April 2, 2004 Budget '05, '06 and out years Plutonium Finishing Plant update 300 Area update River Corridor Contract Committee Updates Public Participation: The meeting is open to the public. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to agenda items should contact Yvonne Sherman's office at the address or telephone number listed above. Requests must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Each individual wishing to make public comment will be provided equal time to present their comments. Minutes: The minutes of this meeting will be available for public review and copying at the Freedom of Information Public Reading Room, 1E-190, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585 between 9 a.m. and 4 p.m., Monday-Friday, except Federal holidays. Minutes will also be available by writing to Yvonne Sherman, Department of Energy Richland Operation Office, 825 Jadwin, MSIN A7-75, Richland, WA 99352, or by calling her at (509) 376-1563. Issued at Washington, DC, on March 5, 2004. Rachel M. Samuel, Deputy Advisory Committee Management Officer. [FR Doc. 04-5362 Filed 3-9-04; 8:45 am] BILLING CODE 6450-01-P ***************************************************************** 43 Seattle Post-Intelligencer: Group sees new role for Hanford - Museum [seattlepi.com] Wednesday, March 10, 2004 The idea of turning the B Reactor into an 'interpretive atomic heritage site' is gaining attention in Congress By CHARLES POPE SEATTLE POST-INTELLIGENCER WASHINGTON CORRESPONDENT WASHINGTON -- The Hanford Nuclear Reservation is a lot of things to a lot of people, including an engineering marvel that helped the United States win the Cold War and a monument of environmental neglect that left behind one of the most polluted places on Earth. Sen. Maria Cantwell and a growing legion of civic leaders from the Tri-Cities, lawmakers and preservationists are working to give Hanford yet another attribute -- museum. Implausible as it seems, the idea of turning Hanford's B Reactor into an "interpretive atomic heritage site" is gaining attention in Congress. Cantwell is asking for federal money to study the idea with the goal of eventually making the reactor a national historic site and turning it over to the National Park Service. The money also would be used to study weapons facilities in New Mexico and Tennessee that formed the backbone of the famed Manhattan Project. Senate aides and the National Park Service estimate it would cost $850,000 to survey the three sites. Rep. Doc Hastings, R-Wash., whose district includes Hanford, has sponsored a similar bill in the House. "I believe it is tremendously important for the citizens of our nation to learn about the important functions the various Manhattan Project sites served in defending our nation, from World War II through the Cold War -- including the Hanford Nuclear Reservation, in my home state of Washington," Cantwell told the Senate Energy Committee yesterday. Supporters say the nation is duty bound to preserve these one-of-a-kind artifacts. The B Reactor was the first plutonium-production reactor in the world. Plutonium created within this reactor fueled the first atomic explosion in the Alamogordo Desert July 16, 1945, and it formed the core of the bomb that exploded over Nagasaki on Aug. 9, 1945. Built in less than a year, the B Reactor operated from 1944 to 1968. Fuel for the reactor was loaded in September 1944 under the personal charge of physicist Enrico Fermi. It has been designated a National Historic Mechanical Engineering Landmark. "It is critical that our nation reflect on both the Manhattan Project's unprecedented engineering achievements, such as B Reactor, as well as the human and environmental costs of such initiative, which changed the course of world history," Del Ballard, president of the B Reactor Museum Association, said in a statement submitted to the committee. The Park Service is ambivalent about adding more to its portfolio. "While we agree that it is wholly appropriate to study ways to preserve the sites where the nuclear age began, we are concerned about the feasibility for management of these sites by the National Park Service, as the sites involve extremely large facilities with tremendous potential costs of maintenance and possible issues about safety in some of the buildings," P. Daniel Smith, a senior Park Service official, told the committee. The Energy Department poses a problem as well. While the department supports the concept, department officials say a final decision must come by next year. If no answer is provided, the B Reactor will be swallowed up in the aggressive cleanup that, among other things, calls for encasing each of Hanford's nine reactors in a concrete cocoon to shield the public and the environment from its dangers. "The Department of Energy has several significant first-of-a-kind facilities from the Manhattan Project that are threatened to be demolished as early as 2005 unless there is an organization to serve as a long-term steward for the properties," a report by the Atomic Heritage Foundation warned. The foundation is leading the campaign to preserve the sites. The idea, sponsors say, is to create a string of Manhattan Project historic sites similar to those honoring Civil War battlefields, offering tours of reactors and other significant facilities as well as opportunities to interpret the history. In addition to the B Reactor, the study will look at the merits of adding the Los Alamos National Laboratory and the town of Los Alamos in New Mexico; the Trinity Site on the White Sands Missile Range in New Mexico where the first atomic bomb was detonated; and the Oak Ridge Laboratory in Tennessee. "The Manhattan Project, the top-secret effort in World War II to develop an atomic weapon ahead of the Nazis, was one of the most significant undertakings in American and world history," said Ballard, of the museum association. "Yet the history of this huge endeavor has been largely invisible to the American public because of the secrecy and security applied," he said. Cantwell, along with Sen. Patty Murray, D-Wash., and New Mexico's two senators, Pete Domenici and Jeff Bingaman, argue that the history of the Manhattan Project is just as significant as other national historical sites that have been added to the Park Service's inventory in recent years. They include the World War II Memorial under construction on the National Mall in Washington and the Rosie the Riveter/World War II Home Front National Park in California. President Bush also signed into law in 2002 the Bainbridge Island Japanese-American Memorial Study Act that requires the Department of Interior to determine whether Eagledale ferry dock on Bainbridge Island should be designated a national historic site. Eagledale served as a point of departure for members of the Japanese American community, on their way to internment camps during World War II. "I believe preservation of the B Reactor would help tell the story of the Manhattan Project and serve as a useful educational tool -- especially for those generations who didn't live through World War II or the Cold War.... It represents a unique part of Central Washington's history and our nation's history that should not be forgotten," Hastings told the committee. Exhibits focusing on the nation's nuclear legacy have touched off strong opinions. The Smithsonian's Air and Space Museum in 1995 was forced to withdraw an exhibit of the Boeing B-29 Bomber Enola Gay, which dropped the atomic bomb on Hiroshima, after critics criticized the mention of the effects of the bombing. The exhibit came back only last year when the Smithsonian opened a new aviation museum in Virginia. The display was met by protesters who complained that the exhibit made no mention of the 230,000 Japanese killed in Hiroshima and later in Nagasaki. P-I Washington correspondent Charles Pope can be reached at 202-263-6461 or charliepope@seattlepi.com [Seattle Post-Intelligencer] 101 Elliott Ave. W. Seattle, WA 98119 (206) 448-8000 Send comments to newmedia@seattlepi.com [newmedia@seattlepi.com] ©1996-2004 Seattle Post-Intelligencer ***************************************************************** 44 Seattle Times: A dumping ground? Report raises concerns Wednesday, March 10, 2004 - Page updated at 12:00 A.M. By Shannon Dininny The Associated Press YAKIMA — State officials remain concerned the Hanford nuclear reservation will become a radioactive-waste dump, despite changes to an environmental-impact statement for handling solid waste at the Central Washington site. The state Department of Ecology expressed those concerns yesterday in a letter to the U.S. Department of Energy, which manages the site. The letter was the first response the state has made to the final environmental-impact statement released early last month. In the letter, Ecology Director Linda Hoffman acknowledged that the final environmental statement for solid waste addressed several concerns the state raised about earlier drafts, such as burying waste in lined trenches in the future. "Nonetheless, we have continuing concerns about Hanford becoming a national dumping ground for large volumes of radioactive and hazardous wastes, offsetting the progress on cleanup," Hoffman wrote in the letter. Energy Department spokeswoman Colleen Clark said federal officials continue to discuss issues of concern with the state. The environmental report, while complete, only offers preferred alternatives for treating and disposing of waste. Final decisions will not be made until a record of decision is released sometime after mid-March, she said. The equivalent of about 75,000 55-gallon barrels of radioactive waste are buried at Hanford. The material can take thousands of years or more to decay to safe levels. The state and federal governments recently agreed on a long-term cleanup schedule. In the meantime, the federal government started shipping radioactive and hazardous waste from other sites to Hanford for packaging before sending the materials to a New Mexico plant for disposal. Hanford now accepts and disposes of lower-level waste from other nuclear plants around the country. The state, Indian tribes and environmental groups have raised concerns that highly radioactive and hazardous waste will be shipped from other states and buried at Hanford. The state has a lawsuit pending in U.S. District Court, contending that the Energy Department failed to adequately study the effects of trucking in the waste and failed to involve the public in making that decision. A judge has temporarily banned out-of-state shipments of waste to Hanford until the case is resolved. In the letter, Hoffman said the Energy Department should limit waste that is shipped to Hanford to Cold War-era waste generated by weapons-production or nuclear-research activities before 1992. "Many Washington residents may be willing to accept some off-site wastes to help clean up this nation's remaining Cold War contamination, but most are not willing to keep Hanford open to off-site wastes from continuing nuclear-weapon and research operations," Hoffman wrote. An initiative likely to go before voters this fall would block the federal government from sending radioactive waste from other states to Hanford until all the existing waste at the site is cleaned up. The measure has been endorsed by environmental groups, the state Democratic Party and the League of Women Voters. The state also said the Energy Department should immediately end permanent disposal of waste in unlined trenches, rather than wait until 2006 as proposed in the environmental statement, and install a system to detect hazardous-waste leaks from unlined burial grounds. Further, labeling ground water as irreversibly contaminated might be used as a basis to allow further contamination or forgo cleanup, the letter said. For 40 years, the 586-square-mile reservation in south-central Washington made plutonium for the nation's nuclear weapons, beginning with the top-secret Manhattan Project to build an atomic bomb. Today, it is the nation's most contaminated nuclear site. Cleanup costs are expected to total $50 billion to $60 billion, with the work to be finished by 2035. Copyright © 2004 The Seattle Times Company More local news ***************************************************************** 45 Tri-City Herald: National park status sought for B Reactor This story was published Wednesday, March 10th, 2004 By Les Blumenthal Herald Washington, D.C., bureau WASHINGTON -- The B Reactor at the Hanford nuclear reservation, which produced plutonium for the atomic bomb dropped on Nagasaki, should be studied along with other Manhattan Project historic sites for inclusion in the National Park system, a Senate subcommittee was told Tuesday. "We are left with these irreplaceable relics of the Manhattan Project -- such as the B Reactor -- which are incredibly important in understanding the engineering achievements that propelled this country into the nuclear age, with all the complicated moral issues it poses for the possessors of such technology," said U.S. Sen. Maria Cantwell, D-Wash. Cantwell introduced legislation that would authorize a study of whether the B Reactor, along with the Los Alamos Laboratory and the town of Los Alamos in New Mexico, the Trinity Test Site in New Mexico, the Oak Ridge Laboratory in Tennessee and other sites should be managed as a historical park by the National Park Service. A bill similar to Cantwell's has been introduced in the House by U.S. Rep. Doc Hastings, R-Wash. "Preservation of the B Reactor would help tell the story of the Manhattan Project and serve as a useful educational tool -- especially to those generations who didn't live through World War II and the Cold War," Hastings said in a statement to the Senate Energy and Natural Resources Committee. As part of the effort, a large swath of a remote part of Central Washington near the town of Hanford was cordoned off and tens of thousands of workers brought in to build the reactors and processing facilities that supplied plutonium for the nation's nuclear arsenal through the Cold War. Only months after Enrico Fermi first demonstrated a controlled nuclear reaction was possible, ground was broken on the B Reactor. Eleven months later, the reactor was producing plutonium for the war effort. The B Reactor was the world's first full-scale plutonium production reactor. It produced plutonium for the world's first nuclear explosion, called the Trinity test, and for the bomb dropped on Nagasaki on Aug. 9, 1945. Within days, the Japanese surrendered, ending World War II. The B Reactor operated until 1968, when it was decommissioned. "The B Reactor was the first of an eventual nine reactors that remain on the banks of the Columbia River, a potent reminder of both the war effort and the costs that Americans bore in the name of freedom," Cantwell said in testifying before the National Parks Subcommittee of the Senate Energy and Natural Resources Committee. A Tri-City group, the B Reactor Museum Association, has been working to turn the reactor into a museum. Cantwell said its inclusion in the national park system would ensure its preservation. While the National Park Service does not oppose the study, P. Daniel Smith, special assistant to the agency's director, said in written testimony there were concerns about the Manhattan Project sites becoming national historic parks. "While we agree that it is wholly appropriate to study ways to preserve the sites where the nuclear age began, we are concerned about the feasibility for management of these sites by the National Park Service, as the sites involve extremely large facilities with tremendous potential costs of maintenance and possible issues about safety in some of the buildings," Smith said. The Bush administration wants to devote increased resources to reducing the backlog of maintenance at existing park service sites, and the agency was making an effort to "curtail taking on new responsibilities," Smith said. "For this reason, we believe the study should focus on evaluating alternatives for preservation and interpretation, including what, if any, role might best be played by the National Park Service or other partners." Del Ballard, president of the B Reactor Museum Association, said in written testimony that the Department of Energy has indicated it did not have the funds to pay for turning the reactor into a museum. "Their position is that if a long-term operating partner is not identified the facility will not be preserved," Ballard said. The Energy Department, which is in charge of the reservation, is spending billions of dollars cleaning up the sometimes dangerous legacy of more than 50 years of nuclear weapons production. © 2004 Tri-City Herald, Associated Press &Other Wire Services ***************************************************************** 46 Tri-City Herald: State Ecology director rebukes DOE This story was published Wednesday, March 10th, 2004 By Annette Cary Herald staff writer The Washington Department of Ecology is concerned Hanford could become a national dumping ground for large quantities of radioactive and hazardous waste, the agency's director said Tuesday. The state agency still is reviewing a recent environmental study on burial of nuclear waste at Hanford. But its director, Linda Hoffman, was concerned enough to send a letter Tuesday to DOE Assistant Secretary Jessie Roberson asking for a discussion on handling of wastes at Hanford. At issue is the federal agency's proposal to send radioactive and hazardous waste to Hanford while extensive work remains undone to clean up contamination from World War II and Cold War production of plutonium at Hanford. "The public legitimately questions why USDOE should be allowed to aggravate the problem by adding more waste to a problem facility," Hoffman wrote. The state also wants to limit shipments into Hanford to waste generated during the Cold War. Hoffman's agency believes Washington residents do not want to accept waste produced since 1991 during nuclear weapons production or research. The state's stand reflects portions of Initiative 297, which likely will go to voters. It seeks to prevent any waste from being sent to Hanford by blocking construction of new trenches and treatment facilities until Hanford's own wastes are treated and cleaned up. "The great majority of (Hanford's) highly and long-lived radioactive wastes are slated for disposal in specialized facilities outside of Washington," Hoffman wrote. Hanford's waste totals 405 million curies of radioactivity. In the worst-case scenario, 8.3 million curies could be brought to the site, according to the environmental report. But plans call for sending waste with 374 million curies elsewhere for burial. The estimated physical amount of imported waste destined for burial at Hanford varies from 27,000 cubic yards to 468,000 cubic yards of low-level waste, some of it mixed with hazardous waste, such as heavy metals. The environmental report also raised state concerns that DOE may skimp on efforts to clean up plumes of radioactive and hazardous waste beneath Hanford, according to Hoffman's letter. The report refers to "irreversible and irretrievable commitment of ground water," which the state interpreted to mean DOE may forgo efforts to remove radioactive contamination from ground water. Hoffman asked for a meeting to discuss ways to minimize ground water degradation now rather than waiting for analysis to show contamination will exceed allowable standards where waste would be buried. The state wants a system installed to detect leaks and migration of hazardous wastes from unlined burial grounds. The new environmental study was an improvement on earlier drafts, Hoffman wrote. The preferred plan listed in the report would end disposal of wastes in unlined trenches when new lined trenches are ready by the end of 2006. "Nonetheless, we have continuing concerns about Hanford becoming a national dumping ground for large volumes of radioactive and hazardous wastes, offsetting the progress on cleanup," Hoffman wrote. The state will address some deficiencies in the report by imposing additional conditions in state permits DOE needs for disposal and waste management facilities, she said. Other topics she would like to discuss with DOE include continuing to speed the retrieval of buried barrels of contaminated debris and their treatment and shipment to New Mexico. She also mentioned the need to "redouble efforts to protect and enhance worker safety in the face of accelerated waste movement, treatment and disposal." The environmental report on burying solid waste at Hanford is complete, but decisions based on it still are being made, said DOE spokeswoman Colleen Clark in Richland. The soonest any decisions could be issued is mid-March. "DOE continues to talk with the state about its concerns," Clark said. © 2004 Tri-City Herald, Associated Press &Other Wire Services ***************************************************************** 47 Las Vegas SUN: Nevada to get team for WMD response By Jen Lawson and Suzanne Struglinski Nevada will get a federal team to help first responders react to a terrorist attacked, the Defense Department announced Tuesday. "This is an absolutely fantastic asset for our citizens and for those that visit us ... Nevada desperately needed this," said Jerry Bussell, homeland security adviser to Gov. Kenny Guinn. The 22-member team, made up of Army and Air National Guard members, will bring in $40 million worth of training and equipment at no cost to the state, Bussell said. Bussell said he will recommend to Guinn that the team be based in Las Vegas. Nevada is one of 12 states that will each receive a new Weapons of Mass Destruction-Civil Support Team as part of requirement in a defense bill passed last year. Nevada's congressional delegation wrote to the department in October stressing the need for such a team in Las Vegas due to high tourism levels and the city's appeal as a terrorist target. The teams will help local first responders to determine the nature of an attack, and will provide medical and technical advice as well as help guide back-up teams of state and federal responders. Each team is under the control of the governor of the state in which it is based and is on call around the clock. The teams are able to set up mobile labs, decontamination centers, command centers and satellite communications systems in under two hours, officials said. In Nevada's case that will mean instead of waiting more than 24 hours for a state lab to identify a foreign material, the state will be able to rely on the new unit to analyze it at the scene. Nationally there already were 32 of these teams in 12 states. Existing teams responded in New York City on Sept. 11, 2001, and have responded to suspected anthrax discoveries and suspected ricin discoveries. Teams have also worked to secure high-profile events such as the Olympics and the Super Bowl. Nevada's local emergency responders have been training with the National Guard's 91st Weapons of Mass Destruction Civil Support Team based in Arizona. It will take 18 to 24 months for Nevada authorities to form the team and train its members. Until then, Nevada may still call upon Arizona or the two other closest states that have a team, California or Idaho, if an attack occurs. The Defense Department made the Nevada designation in response to a May 2003 letter signed by all five members of Nevada's congressional delegation. Members of the delegation noted that Las Vegas is a potential terrorist target and has a constant influx of visitors. The delegation asked for the team because the possibility that Nevada could be attacked has put the state's emergency workers "under enormous strain," Sen. John Ensign, R-Nev., said. ***************************************************************** 48 Paducah Sun: DOE workers tests adds beryllium - Joe Walker jwalker@paducahsun.com--270.575.8650 Tuesday, March 9, 2004 The Department of Energy plans to include 3,000 screenings for the element, and they must be done by the end of 2005.14 The Department of Energy has agreed to look for beryllium of current and former Paducah uranium enrichment workers by the end of 2005. Roughly 7,000 people have worked at the Paducah Gaseous Diffusion Plant since it opened 52 years ago. Of those, about 2,000 have died and 2,000 have been screened for work-related diseases. That leaves 3,000 who need screening, said Sylvia Kieding, Denver-based medical surveillance program director for Paper, Allied-Industrial, Chemical and Energy Workers International. "We've got a year and a half and 3,000 people that we'd like to reach," she said Monday at an advisory committee meeting in Paducah. Kieding said letters will be sent to as many of the 3,000 as can be identified. Testing will be expanded this spring to thousands of former plant construction workers. The union and Queens College of New York run the program for the Energy Department, which funds the tests. Starting in 2006, DOE will limit testing to people newly retired or who have new symptoms. Local union leaders want to continue the current program, partly because there is still much uncertainty about worker exposure to beryllium, a strong, lightweight but highly toxic metal. They say at least 380 people at Paducah and its closed companion plant at Piketon, Ohio, need beryllium testing. A separate program run by the Department of Labor pays $150,000 each to workers with chronic beryllium disease, which can cause serious or even fatal lung problems. Out of 212 cases filed, the Labor Department has paid $5.85 million to 39 diseased workers. Five more cases have been approved for payment, and 50 have been denied, said the program's Brady White. "Whether it's legislatively or through the national program, we must seek additional funding to continue beryllium testing," said Jim Key, environmental, safety and health representative for PACE Local 5-550 in Paducah. Until now, DOE beryllium screening has been limited to people with work history of possible exposure. The Energy Department has agreed to make the test universal because some of those exposed didn't work in areas of known beryllium use, said Mark Griffon, health physicist for the DOE testing program. Beryllium screening is done through a blood test that can have false positive (abnormal results that really are normal) or false negative (normal results that are really abnormal). Key said research by the National Institute for Occupational Safety and Health shows that false negatives far outweigh false positives. Beryllium wasn’t known to be at the Paducah plant until 1999, when Griffon found an old DOE memo mentioning its use during the Cold War. The next year, DOE admitted that beryllium was used in secretly making and dismantling nuclear weapons parts. Questions about the disease increased in January, when unexpectedly high levels of beryllium dust were found in the machine shop at Piketon. The dust was near equipment used to machine the ends of aluminum compressor blades that push uranium gas through miles of piping. Before that discovery, the Energy Department had said beryllium was never used at Piketon. Compressor blades at Paducah haven’t been tested, but DOE officials agree that a more thorough beryllium check is needed. Key said the union wants to test the gas stream because the same company supplied blades at Piketon and Paducah. DOE has never responded to two Freedom of Information requests — one filed four years ago and another more than a year ago — about beryllium at the plant, he said. Former Paducah worker Harold Hargan of Mounds, Ill., said that more than 30 years ago, he and others dissolved the blades and fed the metallic solution into the stream to lessen acidity during uranium recovery work. The practice was to save the cost of buying commercial aluminum nitrate, he said. Hargan, a key witness in an ongoing whistleblowers' lawsuit against former plant contractors, said medical tests show he was exposed to beryllium. "According to my records, it was absolutely in the plant (enrichment) process." Nearly 700 samples were taken last May and June in 11 areas of the Paducah plant with known or suspected beryllium history. Notable areas were the machine shop, cleaning building and a closed smelter. Aside from testing the gas stream, the union wants some of those areas retested, Key said, adding, "Any and all aluminum products are suspect." Contacts: Department of Labor Paducah claims office, 534-0599. Department of Energy health screenings, 442-3668. ***************************************************************** 49 Google News Alert - nuclear Date: Wed, 10 Mar 2004 11:31:40 -0800 (PST) POWERS tap into China's nuclear energy plans Sydney Morning Herald - Sydney,New South Wales,Australia China plans to significantly expand its nuclear power in the coming decades, and the Bush administration has been courting the country's top officials on ... See all stories on this topic: MARSHALL Islanders demand more US compensation for nuclear tests Xinhua - China ... March 10 (Xinhuanet) -- The Marshall Islands has stepped up accusations against the United States of providing woefully inadequate compensation for the nuclear ... See all stories on this topic: IRAN clashes with US over nuclear policy Guardian - UK Iran reignited its war of words with the US today, accusing Washington of trying to "bully" the UN's nuclear watchdog into taking a tougher stance on Tehran's ... See all stories on this topic: HOW to thwart a nuclear black market Newsday - Long Island,NY,USA ... February brought news that we should all pay attention to, especially those of us who live near the two most important nuclear-target cities in America: New ... See all stories on this topic: IRAN 'to revive nuclear activity' BBC News - London,England,UK Iran has said it intends to resume developing nuclear material once its problems with the United Nations' nuclear watchdog (IAEA) are resolved. ... NUCLEAR reactor put into operation China Daily - Beijing,China The No 2 reactor of the second phase project at the Qinshan Nuclear Power Plant -- independently designed and built by China -- joined the nation's electrical ... AUST nuclear export to Iran 'misused': Downer ABC Online - Australia ... medical research. He says the breach occurred despite strong messages to Iran about the pursuit of sensitive nuclear technologies. "We ... See all stories on this topic: MISSILE test dispels nuclear rollback fears Gulf News - Dubai,United Arab Emirates Pakistan yesterday successfully test-fired its longest-range Shaheen-II ballistic missile capable of carrying a nuclear warhead and hitting targets up to 2,000 ... See all stories on this topic: SWEDEN backs talks on nuclear solution Korea Herald - Seoul,South Korea The Swedish leader supported yesterday a diplomatic solution to the ongoing standoff over Pyongyang's nuclear ambitions as well as Seoul's engagement policy ... See all stories on this topic: MINISTER rejects nuclear waste transport claims ABC Online - Australia A Federal Government Minister has rejected claims by three German farmers in Australia to talk to people along the route for low level nuclear waste be taken ... This daily-once News Alert is brought to you by Google News (BETA)... - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Remove this News Alert: http://www.google.com/newsalerts/remove?s=92d1672a1b037a07&hl=en Create another News Alert: http://www.google.com/newsalerts?hl=en Try Google News: http://news.google.com/ ***************************************************************** 50 Google News Alert - nuclear Date: Wed, 10 Mar 2004 13:18:27 -0800 (PST) ANOTHER nuclear power generating unit in E. China begins ... Xinhua - China 2 generating unit of the second-phase project of Qinshan Nuclear Power Plant, located in Haiyan County in east China's Zhejiang Province, began trial operation ... See all stories on this topic: IRAN tells UN nuclear watchdog to resist US bullying New Zealand Herald - Auckland,New Zealand VIENNA - Iran has accused the United States of bullying UN members into criticising its nuclear programme and says this could "complicate" future cooperation ... See all stories on this topic: This daily-once News Alert is brought to you by Google News (BETA)... - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Remove this News Alert: http://www.google.com/newsalerts/remove?s=92d1672a1b037a07&hl=en Create another News Alert: http://www.google.com/newsalerts?hl=en Try Google News: http://news.google.com/ ***************************************************************** 51 Las Vegas SUN: Federal official says West water woes likely to continue Today: March 10, 2004 at 7:35:40 PST ASSOCIATED PRESS LAS VEGAS (AP) - Although the West's drought is easing slightly, communities will continue to face water challenges because of booming populations and endangered species protection, an Interior Department official said. Testifying before a Senate committee examining water issues in the West, Bennett Raley, assistant secretary for water and science, said Tuesday that Nevada and other states will be called upon to address water supply issues even after the current five-year drought ends. "The new paradigm of this century is water supply issues will no longer be driven by droughts," Raley said at the hearing in Washington, D.C. "We will have conflict in normal years, and that conflict will affect economies of national importance. The demands for water in many basins of the West exceed the available supply even in normal years." Like much of the West, Nevada is entering its fifth year of drought. The Southern Nevada Water Authority envisions tapping its surface water rights from the Virgin and Muddy rivers, which could include building a $1 billion-plus pipeline or allowing the authority to draw the equivalent water from Lake Mead. The concept was among items discussed at a meeting last week of the Colorado River basin states. Interior Department attorneys are reviewing whether such an arrangement would be legal under a 1922 compact governing the Colorado River. Since the drought began in 1999, Lake Mead has dropped about 75 feet, or about 40 percent of its storage capacity, the lowest since 1968, according to the National Oceanic Atmospheric Administration. The drought has not hit the Colorado River basin states as hard as other areas, largely because of the river's two reservoirs at Lake Mead and Lake Powell in Utah. But Nevada is beginning to feel the pinch of the drought. This year, the Department of Interior denied southern Nevada's request to draw 335,312 acre feet from Lake Mead. Instead, it granted the state 317,700 acre feet, said SNWA spokesman Vince Alberta. An acre foot of water is enough to supply a family of four for a year. Sen. Jeff Bingaman, D-N.M., whose home state farmers depend on the Rio Grande River, pointed to climate studies that predict 70 percent less snowfall in 50 years. By some estimates, snowpacks contribute up to 80 percent of Western water supplies. Information from: Las Vegas Review-Journal -- ***************************************************************** 52 NRC: Advisory Committee on the Medical Uses of Isotopes: Meeting FR Doc 04-5338 [Federal Register: March 10, 2004 (Volume 69, Number 47)] [Notices] [Page 11465-11466] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr10mr04-106] Notice AGENCY: U.S. Nuclear Regulatory Commission. ACTION: Notice of meeting. SUMMARY: The U.S. Nuclear Regulatory Commission will convene a teleconference meeting of the Advisory Committee on the Medical Uses of Isotopes (ACMUI) on March 22, 2004. The topics of discussion will be training and experience (T) issues associated with 10 CFR 35.300, other T issues as necessary, and the dose reconstruction associated with the St. Joseph Mercy Hospital case. DATES: The teleconference meeting will be held on Monday, March 22, 2004, from 1 p.m. to 3 p.m. Eastern Standard Time. Public Participation: Any member of the public who wishes to participate in the teleconference discussion may contact Angela R. Williamson using the contact information below. FOR FURTHER INFORMATION CONTACT: Angela R. Williamson, telephone (301) 415-5030; e-mail [arw@nrc.gov] of the Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Conduct of the Meeting Manuel D. Cerqueira, M.D., will chair the meeting. Dr. Cerqueira will conduct the meeting in a manner that will facilitate the orderly conduct of business. The following procedures apply to public participation in the meeting: 1. Persons who wish to provide a written statement should submit a reproducible copy to Angela Williamson, U.S. Nuclear Regulatory Commission, Two White Flint North, Mail Stop T8F5, Washington, DC 20555-0001. Hard copy submittals must be postmarked by March 17, 2004. Electronic submittals must be submitted by March 17, 2004. Any submittal must pertain to the topic on the agenda for the meeting. 2. Questions from members of the public will be permitted during the meeting, at the discretion of the Chairman. 3. The transcript and written comments will be available for inspection on NRC's Web site ( [http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leaving FR.html&log=linklog&to=http://www.nrc.gov] ) and at the NRC Public Document Room, 11555 Rockville Pike, Rockville, MD 20852-2738, telephone (800) 397-4209, on or about April 1, 2004. Minutes of the meeting will be available on or about May 3, 2004. This meeting will be held in accordance with the Atomic Energy Act of 1954, as amended (primarily Section 161a); the Federal Advisory Committee Act (5 U.S.C. App); and the Commission's regulations in Title 10, U.S. Code of Federal Regulations, part 7. [[Page 11466]] Dated: March 4, 2004. Andrew L. Bates, Advisory Committee Management Officer. [FR Doc. 04-5338 Filed 3-9-04; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 53 Las Vegas RJ: Reid airs opinions on Democratic ticket Wednesday, March 10, 2004 By TONY BATT STEPHENS WASHINGTON BUREAU WASHINGTON -- After meeting Tuesday with the man chosen to lead the selection process for a Democratic vice presidential candidate, Sen. Harry Reid of Nevada said he could support Sen. John Edwards, D-N.C., to be the running mate of likely presidential nominee Sen. John Kerry, D-Mass. But Reid added there are other candidates he could support. He declined to say who they are. Reid, who is the second-ranking Democrat in the Senate, met privately with Jim Johnson, the vice president of a merchant banking firm whom Kerry has tapped to direct the search for a running mate. "I gave him my sincere, honest opinion of a number of people he brought up and I brought up a suggestion or two I had heard of," Reid said. Though he declined to disclose other names, Reid acknowledged that Edwards was one of the candidates mentioned. "He would be acceptable to me," Reid said. Edwards was considered Kerry's chief rival before dropping out of the presidential race last week. Edwards finished third in the Nevada Democratic caucuses on Feb. 14 behind Kerry and former Gov. Howard Dean, D-Vt. Reid declined to endorse a candidate before the Nevada caucuses, noting he had to work with both Edwards and Kerry in the Senate. But on Tuesday, Reid said he supports Kerry as the Democratic standard bearer. "He's the nominee," Reid said. "I've been in touch with him the last week or so. We've had one personal meeting." Reid, who is seeking re-election to a fourth term this year, said Kerry's name on the ballot should help Democratic candidates in Nevada. "He's somebody that's been with us all the way on nuclear waste, every step of the way," said Reid, referring to the state's opposition to a proposed nuclear waste repository at Yucca Mountain, 100 miles northwest of Las Vegas. Copyright Las Vegas Review-Journal ***************************************************************** 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: *****************************************************************