***************************************************************** 03/24/04 **** RADIATION BULLETIN(RADBULL) **** VOL 12.72 ***************************************************************** 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 Korea Herald: 'N.K. may attend working-level nuclear talks' 2 Korea: Digital Chosunilbo: KEDO Holds Another Executive Board Meetin 3 Hi Pakistan: N Korea will attend six-nation nuclear talks (10:30 PST 4 Las Vegas SUN: North Korean Leader Meets China Diplomats 5 US: [NukeNet] Nuclear Bunker Buster and Feinstein v. Domenici 6 US: Deseretnews: No more Nuclear tests vowed 7 US: ICT: Distribution bill for Western Shoshone is genocide 8 MOS News: Naval Chief “Should Shoot Himself" - INTERVIEW - 9 SF Chronicle: How the Pakistani nuclear ring skirted export laws 10 Hi Pakistan: Statement about Russian nuke ship worries world --> 11 US: Las Vegas SUN: Concerns aired about Nevada tests of 'bunker bust NUCLEAR REACTORS 12 US: NRC: NRC to Meet with Union Electric Co. To Discuss Performance 13 US: NRC: NRC to Meet with Entergy Operations, Inc. to Discuss Perfor 14 AFP: Bulgaria and Romania agree on air defence of nuclear plant 15 US: NRC: Advisory Committee on Reactor Safeguards; Meeting Notice 16 US: Free Lance-Star; NRC to meet with utility on North Anna safety; 17 Bellona: Russian Nuclear Regulatory reports about insufficient leve 18 US: toledoblade: Broken valve further delays Besse power 19 US: Daily Press: Regulators to request answers on Surry 20 US: NRC: Advisory Committee on Reactor Safeguards Joint Meeting of t 21 US: Ohio News Network: Davis-Besse Will Not Open Until Next Week NUCLEAR SAFETY 22 [du-list] Gulf troops babies are 50pc more vulnerable 23 [DU Information List] Silent genocide 24 US: [DU-WATCH] Mystery sickness strikes a local soldier 25 US: NRC: Advisory Committee on the Medical Uses of Isotopes; Renewal 26 US: the spectrum: Downwinder, DRMC speak out on testing 27 US: Salt Lake Tribune: Bennett zeros in on N-testing safety 28 US: Las Vegas SUN: Targets with depleted uranium questioned 29 NEWS.com.au: Uranium found in drinking water 30 US: Gallup Independent: Records needed for compensation for uranium NUCLEAR FUEL CYCLE 31 US: NRC: NRC Reorganizes Office to Give Added Focus to High-Level Ra 32 Las Vegas RJ: WITHDRAWAL REQUESTS: Water plan objections challenged 33 US: Las Vegas SUN: Nuke waste adds to rail security concerns 34 Las Vegas SUN: New Yucca legal firm is named 35 ABQjournal: N.M. Seeks Role in Uranium Plant Decision 36 PR Newswire: LES Confident NMED Licensing Concerns Will Be Resolved 37 The Australian: Uranium scare hits mine staff 38 Elizabethton Star: Enviro groups win, lose in BLEU Project ruling NUCLEAR WEAPONS 39 [du-list] IMPORTANT: Mayoral Delegation to the NPT Prepcom, 27-28 Ap US DEPT. OF ENERGY 40 DOE: Worker's Comp guidelines 41 DOE: Notice of Availability of Solicitation 42 DenverPost: editorial Questionable safety at Flats 43 chillicothe gazette: Piketon locals voice concerns over plant cleanu 44 Tri-City Herald: DOE faces fine for K Basins sludge 45 Daily Camera: Public split on decision at Rocky Flats wildlife area 46 Oak Ridger: Report: Y-12 storage facility could prove costly OTHER NUCLEAR 47 Google News Alert - nuclear ***************************************************************** ***************************************************************** FULL NEWS STORIES ***************************************************************** ***************************************************************** 1 Korea Herald: 'N.K. may attend working-level nuclear talks' 2004.03.25 By Choi Soung-ah North Korea has hinted it would participate in working-level group talks to discuss Pyongyang's nuclear ambitions, South Korea's top foreign policymaker said yesterday. "We believe the North will attend the (third) six-party meeting because they have indicated that they will join the proposed working-level group," Foreign Minister Ban Ki-moon said in a weekly news briefing. The six nations, which also includes the United States, Japan, China and Russia, agreed to establish a working-level group to facilitate discussions on how to end the North's nuclear ambitions when they met in the second round of talks in Beijing last month. But the group has made little progress because of the North's alleged slow response, sparking concerns whether the communist regime will keep its promise. The North recently stepped up its offensive against the United States for conducting a joint military exercise with the South. Pyongyang also delayed last Monday's inter-Korean economic talks in what appears to be an angry response to the South Korean parliament's passage of the impeachment bill against President Roh Moo-hyun. "North Korea will not turn down inter-Korean dialogue or the six-way talks by using Seoul's current political turmoil and the South Korea-U.S. joint military drill as reasons," Ban said. On Sunday, Ban will be leaving for a three-day visit to China to meet his Chinese counterpart Li Zhaoxing. Li will brief Ban on his trip to Pyongyang and the pair are expected to hold further talks on the North's nuclear issue, officials said. Li is currently in Pyongyang to discuss the nuclear issue. Earlier this month, Vice Foreign Minister Dai Bingguo visited Washington to discuss the same issue. Ban also stressed that there was no difference between Seoul and Washington over changing the site in Iraq where South Korean troops will be deployed. He said the two sides were not embroiled in a political row over the issue and that decisions will be negotiated for the coming two weeks over the new location and time of the dispatch. "We are thoroughly reviewing different sites for deployment with the United States. But there will be no changes to the size of the troops or the mission's purpose," he said. The government was also considering support for rebuilding Kirkuk, a northern Iraqi city where 3,000 South Korean troops were initially going to, Ban said. (bluelle@heraldm.com) ***************************************************************** 2 Korea: Digital Chosunilbo: KEDO Holds Another Executive Board Meeting This Week Updated Mar.24,2004 14:59 KST Executive board members of the Korean Peninsula Energy Development Organization or KEDO will meet Friday in New York to discuss pending issues on the temporarily suspended project of building nuclear power plants in North Korea. During the second working-level meeting since late January, officials are also expected to report on the outcome of their visit to Pyeongyang earlier this month. Key members of KEDO agreed last year to halt the construction of two light-water nuclear reactors in North Korea for a year to pressure Pyeongyang to abandon its nuclear activities. Following KEDO's decision, North Korea has refused to let any equipment or materials be taken out of the country. Arirang TV ***************************************************************** 3 Hi Pakistan: N Korea will attend six-nation nuclear talks (10:30 PST) --> March 24 2004 SEOUL: Despite blistering rhetoric over US-South Korean military exercises and the impeachment of South Korea's president, North Korea is expected to attend the next round of six-nation talks on ending its nuclear weapons programs, a Cabinet minister said Wednesday. South Korean Foreign Minister Ban Ki-moon said Wednesday it was regrettable North Korea had postponed the inter-Korean economic exchanges, but said the North was still expected to follow through on the nuclear talks. 'I don't think that North Korea will use these developments to reject six-nation talks,' Ban told a regular news briefing. 'I expect North Korea to attend.' Copyright 1996-2002 . Hi Pakistan. All rights reserved. ***************************************************************** 4 Las Vegas SUN: North Korean Leader Meets China Diplomats By HANS GREIMEL ASSOCIATED PRESS SEOUL, South Korea (AP) - Reclusive North Korean leader Kim Jong Il held a rare meeting Wednesday with China's foreign minister as the communist allies discussed the region's nuclear dispute in a visit Beijing described as a "very important contact." Chinese Foreign Minister Li Zhaoxing, who arrived Tuesday, is the first foreign minister from Beijing to visit the North in five years. The visit is seen as bolstering the push for a third round of six-nation talks on the North's nuclear programs, as efforts to organize working level groups hang in limbo. As Pyongyang's last major ally, China has taken on the role of host and coordinator of the meetings. The Chinese diplomat and North Korean officials are expected to discuss a date for the crucial working group meetings, which will seek to nail down details before the next full round of six-nation talks, sometime before July, according to South Korea's Foreign Minister Ban Ki-moon. South Korea has accused the North of dragging its feet on the working groups. Li's delegation toured a Pyongyang street market, laid flowers at a statue of national founder Kim Il Sung and met various North Korean dignitaries in a "warm atmosphere," according to the North Korea's official KCNA news agency. Li also met Kim Jong Il, who assumed control from his father after Kim Il Sung's death in 1994. Li presented greetings from Chinese President Hu Jintao, KCNA reported. Before Li departed for Pyongyang, Chinese Foreign Ministry spokeswoman Kong Quan described the trip as a "very important contact between our two sides." Earlier in the day in Seoul, South Korea's Foreign Minister Ban said North Korea will likely attend the next six-nation nuclear talks despite its recent rhetoric over U.S.-South Korean military exercises and the impeachment of South Korea's president. A recent rupture in inter-Korean relations has fanned concern that the communist North might use the South's leadership upheaval or the joint war games as grounds for postponing nuclear negotiations. The U.S. military describes the annual U.S.-South Korean war games, which began earlier this week, as defensive. But North Korea routinely criticizes them as preparation for an invasion. The United States, two Koreas, China, Russia and Japan have agreed to convene a third round of talks on North Korea's nuclear program by July. A second round ended in Beijing last month without a major breakthrough. In the meantime, participants are trying to form a "working group" to nail down details. Ban is scheduled to meet Li in Beijing next week. The United States insists that the North dismantle its nuclear weapons programs completely and verifiably. North Korea says it will only do so if the United States provides economic aid and security guarantees. North Korea threatened on Friday to boost its nuclear arsenal in "quality and quantity," blaming the United States for the lack of progress in the nuclear talks. -- ***************************************************************** 5 [NukeNet] Nuclear Bunker Buster and Feinstein v. Domenici Date: Wed, 24 Mar 2004 15:51:50 -0800 Hi, colleagues -- If allowed, DOE will "study" the Robust Nuclear Earth Penetrator and a smogasbord of other new and modified nukes right into production. Here is an article from New Mexico with a nice back and forth on this topic between Sen. Feinstein and Sen. Domenici. While true that in a much broader debate Sen. Feinstein would be somewhere around the center-right and Domenici the extreme pro-nuclear edge, it is nonetheless a good little read. And, an important debate. Here it is... URL: http://www.abqjournal.com/news/state/158232nm03-24-04.htm Wednesday, March 24, 2004 Domenici Clashes With Feinstein on Bunker Buster By Michael Coleman Journal Washington Bureau WASHINGTON Sen. Pete Domenici, R-N.M., clashed with a California colleague Tuesday over the Bush administration's plan to spend $485 million on a so-called "bunker buster" nuclear bomb. Domenici defended the administration's assertion that the money, nearly $28 million of which would be spent next year, is simply to study the feasibility of the bomb. But Sen. Dianne Feinstein, D-Calif., said she is convinced the large dollar figure represents an intention to develop a new generation of nuclear weapons. "I don't believe there would be a $500 million commitment for just a study," Feinstein said at a meeting of the Senate Energy and Water Appropriations Subcommittee, which Domenici chairs. "I think it means this administration is determined to develop and field a new generation of nuclear weapons. This senator is strongly opposed to that," Feinstein added. But Domenici said scientists including those who work at Sandia and Los Alamos national laboratories should be allowed to conduct research on advanced or "next generation" nuclear bombs. "I don't favor a new round of development of nuclear weapons ... but I do believe research is not static in reference to nuclear activities," Domenici said. The hearing was to review the administration's 2005 budget proposal for the National Nuclear Security Administration, which oversees work at Los Alamos and Sandia. Domenici, seeking to quell a potential political flap over the issue, secured a commitment from Linton F. Brooks, administrator of the NNSA, that the money would be used only for study, but not development, of the bombs. "There are no such plans and nothing we will do is intended to lower the nuclear threshold," Brooks told the committee. Brooks also agreed to remove the $485 million price from the agency's budget proposal and instead use only the roughly $28 million needed for the 2005 budget year. Ivan Oelrich, director of the Strategic Security Project at the Federation of American Scientists, said the Bush administration is "trying to have it both ways" on the issue. Oelrich said he couldn't remember a study that cost close to a half billion dollars. "Publicly, they say 'No, we just want to do a study,' '' but when you do the reverse engineering on a budget it looks like they have more in mind than studies," Oelrich said. The "bunker buster" weapon would be designed to burrow underneath the ground before exploding. In theory, the technology could allow the United States to destroy other nations' weapons stockpiles or leadership bunkers. Copyright 2004 Albuquerque Journal Marylia Kelley Executive Director Tri-Valley CAREs (Communities Against a Radioactive Environment) 2582 Old First Street Livermore, CA USA 94551 - is our web site address. Please visit us there! (925) 443-7148 - is our phone (925) 443-0177 - is our fax _______________________________________________________________________ Subscribe/Unsubscribe Here: http://www.energyjustice.net/nukenet/ Change your settings at: http://energyjustice.net/mailman/listinfo/nukenet_energyjustice.net ***************************************************************** 6 Deseretnews: No more Nuclear tests vowed [deseretnews.com] Wednesday, March 24, 2004 Downwinders hear good news at hearing By Lee Davidson Deseret Morning News WASHINGTON — Despite reports to the contrary, the Bush administration insisted Tuesday it has no plans to resume nuclear bomb tests in the foreseeable future. Still, Sen. Bob Bennett said he may cement that vow into law to protect Utahns living downwind from the Nevada Test Site. "The president has made it very clear we have no intention to resume testing," Linton F. Brooks, head of the National Nuclear Security Administration, told the Senate Appropriations Committee. Bennett, R-Utah, a committee member, grilled him to ensure that nothing is hidden in the promise. Worry arose when Bush's 2005 budget requested money to improve the Nevada Test Site, located about 65 miles northwest of Las Vegas, so tests could resume if needed within 18 months, instead of up to 36 months now required. Also, the government is working on new types of nuclear weapons, which could require testing before they are added to the stockpile. Linton said the nation must "maintain our ability to carry out nuclear weapons tests in the event of some currently unforeseen problems that cannot be resolved by any other means." Computer modeling is now used to ensure bombs work. But Bennett asked, "Testing is not imminent, is that correct?" "That's correct," Linton replied. "There is no anticipation of testing at any foreseeable time in the future?" Bennett asked. "None that we foresee," Linton said. "And testing will not happen unless the president makes a very public finding, and Congress acts in funding that finding?" Bennett asked. "That's correct," Linton answered. But Linton added, "I don't want to mislead this committee. If I find a problem that can only be verified through testing, I would not hesitate to recommend to the (energy) secretary and he would not hesitate to recommend to the president that we test. "I have no reason to believe that we'll find that problem, but it is a hedge against the possibility of finding that problem that we have asked for the money to ensure we're all right if that contingency occurs," he said. While Bennett said he was relieved to hear such pledges, he may cement them into law by including a ban on nuclear testing in the appropriations bill or passing a stand-alone bill with such a ban (which Rep. Jim Matheson, D-Utah, has proposed). "He (Linton) was pretty firm and it may not be necessary. But Congress can always hold out the possibility of legislation in order to let the administration know we're serious, and I'm very serious about this," Bennett said. He adds that while the Bush administration is now on record saying no tests are planned, he wants to ensure that any decision by a future president also to renew tests is "transparent (and) that it must be brought before the Congress for debate." Bennett told Linton that Utahns are suspicious of any government actions about nuclear testing because "frankly, it lied to them" in the 1950s and '60s when it said fallout was harmless — leading to high cancer rates among people downwind. He said because of that, the government must go the extra mile to ensure safe actions now. Bennett also held up a copy of a postcard that upset downwinders have been sending him with a picture of a 1970 underground test that went bad and vented to the surface looking as if it were an above-ground test. Linton said improvements have been made in science and testing procedures to reduce chances of venting again. Pledges did not seem to satisfy Sen. Dianne Feinstein, D-Calif., who is especially worried about continuing early studies by the administration on a new "Robust Nuclear Earth Penetrator" bomb to penetrate and destroy underground bunkers of foreign leaders. She noted testing could become part of such efforts. Linton downplayed that and said the bomb could deter dictators, who do not worry about their citizens, from aggressiveness if they believe the United States could still reach them. But Feinstein said it could cause enormous, uncontrollable fallout and even lead to a new arms race with battlefield nuclear arms. "I've got to wonder who's smoking something," Feinstein said about such plans. E-mail: lee@desnews.com [lee@desnews.com] © 2004 Deseret News Publishing Company ***************************************************************** 7 ICT: Distribution bill for Western Shoshone is genocide [2004/03/19] The fight for land and dignity Posted: March 19, 2004 - 11:45am EST by: Brenda Norrell / Southwest Staff Reporter / Indian Country Today Steven Newcomb stands with Western Shoshone Carrie Dann who is carrying on the legacy of the struggle for her people’s land and liberty. (Brenda Norrell / Indian Country Today) FLAGSTAFF, Ariz. - Western Shoshone Carrie Dann said a proposed U.S. distribution bill for payments of ancestral land is genocide and warned non-Indians that they would be the next ones that the United States strips of their rights. "What is going on today is genocide of our spiritual and cultural ways. You should not let this genocide happen because you might be the next one in line," Dann said during an address in downtown Flagstaff. "What happened to us will happen to you someday. There is already one act against you, it is called the Patriot Act." Delivering a fiery speech, Dann said the Western Shoshone Distribution Bill (H.R. 884) has passed the U.S. Senate and is now in the U.S. House of Representatives. "They want to pay 15 cents an acre to legitimize the theft against us. We are facing genocide in the Senate and the House." Naming Sen. Harry Reid, D-Nev., as the leader of the assault on Western Shoshone, she said, "He represents the big corporations." While the United States attempts to seize Western Shoshone land for corporate greed, Dann said Mother Earth has given everything to sustain life, even the tiny creatures like the bugs have been nurtured at the breast of Mother Earth. Yet, to non-Indians, she said, "I am characterized as a pagan, a savage." Dann said the United States seized Western Shoshone land for the Nevada Test Site and the Nuclear Waste Repository at Yucca Mountain. Now corporations are proceeding with open pit cyanide leach gold mining. The largest vein of gold in the United States has been discovered on the Western Shoshone’s sacred mountain, the place of Creation. "They are pumping out the essence of life so the multi-national corporations can get richer." She said water is being used for gold mining and nuclear testing is poisoning water. "Some of the springs I used to drink from say, ‘Do not drink the water.’ We need help to protect the babies still in the Earth that haven’t come out yet. If this degradation continues, there will not be a future for anyone." Newe (Western Shoshone) are struggling to protect their Newe Sogobia (homelands) for future generations. Dann said what was done to American Indians, was also done in Iraq. "They don’t tell you how many children they have killed; they don’t tell you how many innocent people they have killed." Drawing a parallel with the slaughter of American Indians, Dann said between 1492 and the present day, acts of genocide against American Indians resulted in the death of all but 2 percent of the American Indian population. "That is a bad history," Dann said. She said neither Indians nor non-Indians are taught the history of genocide in schools. The history books do not tell about the smallpox. Dann, however, remembers when she was young, hearing the old ones talk about the time when the people died of small pox. Now, she said their land is seized and sold as federal land to corporations for $2.50 an acre to mine gold. This land is worth billions. Dann’s niece Mary Gibson, and Julie Fishel, attorney for the Western Shoshone Defense Project, joined Dann to make the presentation. Gibson said there have been three roundups and seizures of the Dann’s horses since 1992. "It was the modern-day Calvary, it was very frightening." Gibson said it created images of what her ancestors went through when they were chased and murdered by the Calvary. "I feel these corporations have a lot to do with the roundups of Carrie and Mary’s horses." She said the United States does not care about Indian people, but the people will endure. "It is Indian country. There are many, many Indian people who do not give up." Fishel said the United States does not want the American public or the international community to know that the Western Shoshone’s 1863 Treaty of Ruby Valley is still in effect. Fishel said the United States wants to conceal the fact that Western Shoshone land was taken for nuclear testing, nuclear waste storage and corporate gold mining by manipulations of the U.S. Justice system and the deceit of the U.S. Interior who was complicit in the theft of Shoshone land and violated its position as trustee. The United States fears that the international community will discover that it violated the same human rights it claims to uphold by military force in other countries of the world. She said their governments who work in concert with corporations abuse the rights of indigenous. "Multi-nationals are repeating this pattern in other parts of the world." The 9th Circuit Court of Appeals ruled in favor of the Western Shoshone and upheld their right to their land. Then, in order to subvert justice, the Indian Claims Commission was used in an attempt to do away with the high court’s ruling. Fishel said when the U.S. Interior, as trustee of the Western Shoshone, received money for Western Shoshone land in 1979, it was a violation. "Who did they pay? They paid themselves." Referring to the Indian Claims Commission, Dann said the Commission attempted to diminish the Western Shoshone people. "They said we are animals and migrate from place to place." Fishel pointed out that federal Indian law is based on Christianity and the racism that was set in place at the time of colonialism. She said the U.S. doesn’t want to face international probes because it seized use of Western Shoshone illegally and never paid for the use for nuclear testing. Further, Fishel said the Dann’s and Western Shoshone are entitled to other damages. "They were subjected to psychological torture." As gold companies seize Indian lands in South America, Fishel said the public is kept in a fog. Gibson added, "There is no justice for Indian people in the United States." She said Indian people need an international legal forum. Fishel pointed out that the United Nations is comprised of nation member states that are also abusing indigenous peoples. "They are all complicit in the same crime." Fishel said the nations of the world need to turn to traditional indigenous peoples for guidance. Dann said the scenario of Western Shoshone land has been mirrored in the seizure of Black Mesa for coal mining. Dann praised Navajos for standing firm against forced relocation. Danny Blackgoat, son of the late Roberta Blackgoat, and Marie Gladue, both of Big Mountain, thanked Dann for her words. Gladue said her family lives with the scars of fighting for justice. While non-indigenous people think they live in a country of justice, she said, "It is an illusion." The presentation at the Federated Church community room in downtown Flagstaff began with the documentary "To Defend Mother Earth," the story of the Dann’s struggle produced by Joel Freedman and narrated by Robert Redford. The video includes scenes of the arrest of Tim Dann, for shooting a mule deer to feed his family, and arrest of Western Shoshone leaders and elders on ancestral land in protest of nuclear testing. "Who will speak for the land?" asks narrator Robert Redford. Dann welcomed visitors to the Western Shoshone spring gathering May 14 - 16. Gibson said it is the traditional Indian elders that give her strength. "They know their truth and they stand on their truth." ***************************************************************** 8 MOS News: Naval Chief “Should Shoot Himself" - INTERVIEW - MOSNEWS.COM The Moscow News [Admiral Vladimir Kuroyedov / Photo: bz.ru] Created: 24.03.2004 15:46 MSK (GMT +3), Updated: 18:07 MSK Gazeta.Ru After remarks by Russia’s naval commander, Admiral Vladimir Kuroyedov that the Russian fleet’s flagship, the nuclear-powered missile cruiser ’Peter the Great’ “could blow up at any moment", Gazeta.Ru has asked Ruslan Pukhov, director of the Centre for the Analysis of Strategies and Technology, to comment on the situation. Gazeta.Ru: Ruslan Nikolayevich, what, in your opinion, has prompted the head of the navy, Vladimir Kuroyedov, to make such a harsh statement on the state of the Russian fleet, in particular, of its flagship, ’Peter the Great’? This problem has two aspects. The first one is connected with the situation in the Russian fleet proper. Everyone knows that along with the Soviet Union our fleet has experienced a national catastrophe by losing one of its bases and one-third of its numerical strength. The only aircraft carrier is out of service and can only take part in naval exercises under tow, as was the case during the latest strategic war games in February. The ’Peter the Great’ has long had problems with its power generator, which has failed to operate at its full capacity since it was serviced by conscripts. Those are routine problems, just as the roads in Moscow are not very good despite the all-powerful Luzhkov being the city’s mayor. Over the past three to four years measures have been taken to solve those problems as the general situation in the country has been improving, with oil prices soaring and the military budget increasing. And the fleet has always received the best financing. That is why, let’s say, over the past four years, and especially last year, the situation became better than it used to be. It is just that earlier no tests were held, no test launches and so on. But now it has become clear that there are problems with servicing, though they are routine problems. Besides, there is Admiral Kuroyedov himself, who turns sixty this year, which is retirement age for military servicemen. He can only continue his service if his contract is extended. It may be extended for a year, three years, but it cannot be extended indefinitely. The one to decide on an extension is the president, or, in certain cases, the prime minister. Kuroyedov did everything he could to have his contract extended for another year, but following the failure [of the test-firing of a ballistic missile] during February’s exercises, other candidacies have been proposed. As that became obvious, he began drowning everyone who could possibly replace him I am not a big fan of the fleet, rather its opponent, and when the chief commander makes a downright moronic statement that the cruiser is about to explode into the air… After all, its nuclear power-plant is not a nuclear bomb. It cannot just explode into the air. It might die quietly, but nothing there can ever blow up. And when he makes such statements, it means that he is either an incompetent fool, or he is pursuing some definite purpose. Kuroyedov has commanded the fleet that is “about to explode into the air” for the past four years, but for some reason the one who is to blame for the situation now is the ship’s commander [Vladimir] Kasatonov. I think Kuroyedov is keeping his rivals down. The point is that by tradition when the government resigns and the defence minister turns acting defence minister, all the commanders of fleets, troops and departments tender their resignations. Then those resignations are either accepted or the military personnel are asked to continue their service. So it is quite possible that when Kuroyedov handed in his resignation he knew his prospects were good and it was a mere formality, but then the situation changed and he found himself on a hook. Apparently, other candidacies have been proposed, though earlier Kuroyedov was believed to be the only candidate for the post. And that is why Kuroyedov arranged a news conference where he blasts everyone. And I regard his “may-explode-at-any-moment” remark as nonsense unworthy of an officer. And what about Kuroyedov’s order to remove the ship’s standard? That’s also just another cheap publicity stunt. In that case then, Kuroyedov should have shot himself in the middle of that news conference — remove the flag, comb his hair and blow out his brains. But were there technical problems on board the ’Peter the Great’? Maintaining the fleet is a very expensive affair, especially when it is projecting its strength, i.e. not merely drifting within 100 km of the coast, guarding the coastline and seeing off foreign fishermen, but setting a course for somewhere to show off the flag, threatening with missiles, doing some shooting. That is all very expensive. And it is absolutely clear that, until recently, we could not afford that. That is why we should have given up some of the ships to preserve the others. But we tried to preserve everything and everything is now in a deplorable condition. Iron has some margin of safety but even iron wears out. Kuroyedov took the job at a time when funding had already begun to improve and the fleet was faced with new tasks. It became clear that there were problems. But instead of frankly admitting: yes, we have problems, so we will work towards solving them, he began by lying, saying that no actual launches had been planned, only simulations, though earlier the military made it clear that the president himself would observe those launches. In other words, Kuroyedov seems to be a very weak man and does not suit the position he occupies. SEE ALSO 23.03.2004 13:56 MSK, MOSNEWS.COM Nuclear Flagship Could “Blow Sky High" Write us: info@mosnews.com [info@mosnews.com] Copyright © 2004 MOSNEWS.COM ***************************************************************** 9 SF Chronicle: How the Pakistani nuclear ring skirted export laws DAVID CRAWFORD in BERLIN and STEVE STECKLOW in LONDON, The Wall Street Journal Tuesday, March 23, 2004 One German company believed it was supplying parts for Apple iMac computers. Another, which prided itself on the due diligence it conducted on new customers, thought its aluminum tubes were being used in tanker trucks. In fact, investigators believe the materials ended up being used by a Malaysian factory to build components for Libya's secret nuclear-weapons program. Last month, the world learned that a Pakistani scientist, Abdul Qadeer Khan, had overseen a black-market nuclear network that sold parts and technology to Libya, Iran and North Korea. A look at the network's supply chain -- gleaned from documents and interviews with investigators, company officials and a key consultant to the Malaysian factory -- shows the surprising ease with which it operated. Efforts by European regulators to tighten export laws and circulate lists of companies suspected of trading in nuclear contraband proved largely fruitless. In many cases, investigators say, middlemen simply created new companies and placed small orders with small suppliers to avoid arousing suspicion. The black-market network also took advantage of the fact that many materials used to build nuclear bombs have much more mundane uses as well, and are perfectly legal to export. Indeed, the network's suppliers say they didn't know what the parts would be used for, and they shouldn't be held responsible if customers deceive them. "These are basic supplies that can be used for almost anything," says Konstantin Bikar, a German metals dealer whose company sold aluminum tubes to the Malaysian factory. Even employees at the Malaysian factory claim they didn't know what was being produced there, Malaysian police say. Seized shipments and criminal prosecutions didn't seriously disrupt the network's procurement activities. Three years ago, a British businessman who was convicted of illegally shipping tons of equipment to Dr. Khan received no jail time. His business partner, who wasn't charged in the case, redirected his activities to Malaysia, where he helped set up the nuclear-components operation. Following a spate of nuclear-related exports to Iraq from Germany, German officials toughened the penalties for such activities in the early 1990s and tried to prosecute more companies for trade violations. Yet German customs investigators say at least a half-dozen companies in Germany apparently supplied parts to Dr. Khan's network in recent years under the impression that they were selling legal goods to legitimate enterprises. No charges have been filed and investigators say so far they have no evidence that any export laws were broken. In one instance, the German-Pakistani connection began at a Christmas party. At the December 1998 gathering in Germany, Mr. Bikar, an aluminum dealer from a mountain town in western Germany, met Thorsten Heise, a German mechanical engineer living in Singapore. Both men were looking to open a metal-export company in Asia. Mr. Heise -- who referred all questions for this article to Mr. Bikar -- had moved to Singapore with his wife in 1997, according to Mr. Bikar. Mr. Heise knew Singapore business and the metals trade, so Mr. Bikar asked him to scout prospects there for launching an export operation. By September 1999, Bikar Metal Asia Pte. Ltd. was operating, with Mr. Heise as managing director. During a visit he made to Singapore in November 2001, Mr. Bikar says, Mr. Heise told him, "There is a good chance we will land a major contract." The potential customer was Scomi Precision Engineering Sdn. Bhd., a Malaysian company that builds trucks, aircraft refuelers and garbage compactors. Mr. Bikar considered himself an expert in export-control measures and had assisted other German companies in training their staffs. He says he did his own research on Scomi Precision on the Internet and elsewhere, and felt assured the company was reputable, especially after reading a brochure that stated it was active in manufacturing tanker trucks. That would explain why the firm needed a lot of metal, he recalls thinking. By early 2002, Scomi Precision was placing orders for metals with Bikar Metal Asia. Records show some of the orders went directly to the parent company, Bikar Metalle, in Germany. German investigators say they are reviewing, among other deals, the sale of more than a ton of aluminum tubes, valued at about $4,300, that Bikar Metalle shipped directly to Scomi Precision on July 23, 2003. Mr. Bikar says that at the time of the sale he believed the tubes would be used for tanker-truck parts. Meanwhile, Malaysian authorities say that Bikar Metal Asia sold 300 metric tons of aluminum bars and tubes to Scomi Precision that were used to manufacture "components for certain parts of a centrifuge unit." The parts were seized in October on a ship in Italy destined for Libya, sparking the exposure of the international nuclear network. Centrifuges are used to increase the concentration of uranium-235, a uranium atom that can produce nuclear energy for weapons or peaceful uses. A series of interconnected metal cylinders filled with uranium gas are rotated rapidly to separate out the uranium-235. Mr. Bikar says he doesn't know how many deliveries his companies made to Scomi Precision, saying only, "It was a lot." He says that he and Mr. Heise did nothing wrong, and that he has voluntarily turned over all of the sales records to customs investigators in Cologne. "Do you hold a wood merchant accountable if the buyer makes a bow and arrow and sells it to Libya?" Mr. Bikar asks. "How could the wood merchant know what the buyer intends to do with his goods?" An official at Scomi Precision says the company has no comment. Malaysian authorities say the aluminum products shipped to Scomi Precision weren't controlled items. An official with the United Nations' International Atomic Energy Agency in Vienna, which assists enforcement agencies in preventing the shipping of nuclear contraband, says the aluminum parts are used for so many legitimate purposes that their sale wouldn't have raised red flags. Aluminum tubes, for example, are used in bicycles, while some window frames are made of aluminum bars, says Mr. Bikar. Mr. Bikar says one of Bikar Metal Asia's contacts at Scomi Precision was a Swiss engineer, Urs Tinner. A Malaysian police report on the Pakistan nuclear ring says the 38-year-old Mr. Tinner served between April 2002 and October 2003 as a full-time technical consultant to Scomi Precision and was responsible for importing and setting up machinery that was used to make nuclear components. In a lengthy telephone interview, Mr. Tinner said he didn't know the components the Malaysian factory was producing were intended for Libya's nuclear-weapons program. "I had no idea what was going on. The Malaysian police should have asked to talk to me," he said. "If I had been working in the final production, where one could see the final product, then I would be guilty. But I didn't know what we were making." Mr. Tinner says he wasn't told what the parts were going to be used for, or the identity of the buyer. Mr. Tinner says he never questioned any of this because he assumed the buyer had insisted on secrecy to prevent the end product from being counterfeited. Mr. Tinner says he went to Malaysia in 2001 at the request of Buhary Seyed Abu Tahir, a 44-year-old Sri Lankan businessman he knew in Dubai. President Bush recently described Mr. Tahir as the nuclear network's "chief financial officer and money launderer." Malaysian police say Mr. Tahir told them he helped Dr. Khan, the Pakistani scientist, ship nuclear components to Iran and Libya. Mr. Tahir couldn't be reached for comment. Mr. Tinner says he knew Mr. Tahir only as the manager of SMB Group, a well-known Dubai computer-services company. Mr. Tinner says his assignment in Malaysia was to create a new business plan for Scomi Precision, which eventually hired him as a consultant. "I arranged everything," he says. "I found a business location, set up the workshop and oversaw production." Mr. Tinner says he contacted Bikar Metal Asia because he needed better-quality aluminum than he could get from Malaysian companies. He adds that neither he nor Mr. Bikar could have known the aluminium would be used for nuclear components. "Bikar Metal is a very well-run company that takes export control extremely seriously. That is one reason why I selected them," Mr. Tinner says. Mr. Tinner doesn't deny that when he left Scomi Precision last October, he took all of his computer records, including technical drawings. The Malaysian police report says, "This gave the impression that Urs Tinner did not wish to leave any trace of his presence there." Mr. Tinner says, "They are my personal property. It is nobody else's business." Mr. Bikar's company isn't the only German firm facing scrutiny. German customs investigators say they also are looking into sales other German companies made to Scomi Precision, Bikar Metal Asia and Gulf Technical Industries, a Dubai-based steel and engine-parts trading firm that Malaysian authorities have linked to the nuclear network. (Gulf Technical's manager, a British businessman named Peter Griffin, denies the allegation.) The German sales include three small shipments of specialty steel rods by Dorrenberg Edelstahl GmbH to Bikar Metal Asia between February and May 2002. In a written response to questions about those sales, Dorrenberg Edelstahl director Gerd Bohner says, "According to the customer's statements, the material was to be used for a swivel joint for the new Apple iMac's computer arm." Newer Apple iMacs have a metal arm that supports a flat-screen computer monitor; Mr. Bohner says the company at one point even sent drawings of the part. "As a rule, we carefully examine the German export control regulations for each purchase order," Mr. Bohner wrote. Since there are no restrictions on shipments to Singapore, and the use of the parts seemed "obvious," he says his company saw no reason not to make the sale. Mr. Bikar says he can't explain why Bikar Metal Asia would request parts for an iMac, and notes his company doesn't supply computer parts. An Apple Computer Inc. spokeswoman says the company doesn't discuss its supplier arrangements. In February 2003, Mr. Tinner contacted another German company, BGH Edelstahl Siegen GmbH, and requested prices for nearly five tons of steel rods, according to Joachim Schreiber, head of export sales. Mr. Schreiber says he checked an official European Union list of suspicious customers and sensitive technology before he approved the $15,180 sale. "Neither the customer nor the goods were listed, so we could make the sale," he says. The International Atomic Energy Agency official confirms that the materials aren't considered sensitive items and can be sold without restriction. Mr. Tinner says the steel rods were for a project unrelated to the shipment that was sent to Libya but declined to elaborate. German investigators say they also are reviewing sales of industrial-quality metal cutters to Gulf Technical Industries in Dubai by Dietrich Karnasch Sagen, a tool-supply company, in 2002 and 2003. The tools are common in machine shops. The company's owner, Dietrich Karnasch, says he would have refused to sell the tools had he known they could end up being used to make nuclear components, as investigators now suspect. "We recently declined an Indian request for drills used to bore cannon barrels," Mr. Karnasch says, adding, "We avoid military sales." Meanwhile, as investigators look into the buyers' side of the nuclear ring, a lot of scrutiny has fallen on Mr. Tahir -- the man who brought Mr. Tinner to Malaysia. The Malaysian police report says Mr. Tahir first met Dr. Khan in the mid-1980s and sold him air-conditioning equipment for his research laboratory in Pakistan. According to the report, Mr. Tahir soon came to know various middlemen who were involved in helping the scientist acquire uranium-centrifuge components, mostly from European suppliers. The report says Mr. Tahir told police that at Dr. Khan's request he shipped to Iran two containers of used centrifuge units about 10 years ago. According to the report, Mr. Tahir said he attended a meeting in Istanbul in 1997 with Dr. Khan and two Libyan officials who "asked the arms expert to supply centrifuge units for Libya's nuclear program." Mr. Tahir said that about two or three years ago Dr. Khan admitted to supplying Libya with enriched-uranium and centrifuge units, the report states. Mr. Tahir, managing director and co-owner of SMB Group in Dubai, got involved with Scomi Precision through a complex set of connections. In June 1998, Mr. Tahir married a Malaysian woman at a gala reception in Kuala Lumpur attended by Dr. Khan. According to Malaysian corporate filings, in 2000 the woman bought a minority stake in a private company called Kaspadu Sdn. Bhd. -- controlled by the son of Malaysia's prime minister -- and Mr. Tahir joined as a director. Around that time, Kaspadu acquired a controlling interest in Scomi Group, which in 2001 took over a company that became Scomi Precision. Mr. Tahir then recruited Mr. Tinner to work there. (Mr. Tahir's wife sold her equity interest in Kaspadu in January; Mr. Tahir left Kaspadu's board last year.) Mr. Tahir wasn't an unknown player in Dr. Khan's nuclear network. As was first reported recently by the National Security News Service in Washington, in August 2001 Mr. Tahir was a central figure in testimony at the London trial of a British businessman charged with illegally exporting nuclear components to Pakistan. The businessman, Abu Bakr Siddiqui, was accused of shipping electronic measuring devices, a five-ton crane, a 12-ton heat furnace and a quantity of aluminum bars to Dr. Khan via his network between 1995 and 1999. The equipment was shipped by two British-registered companies on which Mr. Siddiqui served as a director, including SMB Europe Ltd., described in corporate filings as a computer-services firm. Set up in 1994, its largest shareholder was Mr. Tahir, who also managed SMB Group in Dubai. Mr. Siddiqui, whose father was a friend of Dr. Khan's, was arrested in 1999 after British customs agents seized a shipment of aviation-grade aluminum bars, destined for Dubai, that could have been used for centrifuges and missiles. Mr. Tahir wasn't charged or present at Mr. Siddiqui's trial, because he was outside British jurisdiction, according to a person familiar with the case. "Customs wanted to arrest" Mr. Tahir, says the individual. At the trial, Mr. Tahir was described in testimony as Dr. Khan's middleman and procurement agent. Mr. Siddiqui was convicted of three counts of export violations. But he received no jail time; a judge gave him a 12-month suspended sentence and ordered him to pay court costs. Mr. Siddiqui didn't return calls seeking comment. A man at the London accounting firm where he works, who identified himself as Mr. Siddiqui's uncle, said, "It's something that's behind us, and we don't want to talk about it again." A spokeswoman for Britain's Customs and Excise department, which brought the case against Mr. Siddiqui, declined to comment on why Mr. Tahir wasn't pursued further. In a statement, the department said it is "investigating allegations relating to the supply of components for nuclear programs, including related activities of British citizens. Our inquiries are continuing and it would be inappropriate to comment further." Meanwhile, Malaysian officials say they can't charge Mr. Tahir because he hasn't broken any Malaysian laws. Leslie Lopez in Kuala Lumpur and Simeon Kerr in Dubai contributed to this article. A Piece at a Time German customs investigators say small suppliers in Germany unwittingly sold materials that ended up being used as components by a Pakistani nuclear-arms ring. SELLER: Dietrich Karnasch Saegen GmbH SALES: 19 rotary metal cutters and 3 heavy-duty ones SELLER: Doerrenberg Edelstahl GmbH SALES: 473 lbs. of steel rods SELLER: Walzwerke Einsal GmbH SALES: 8,051 lbs. of steel rods SELLER: BGH Edelstahl Freital GmbH SALES: 9,262 lbs. of steel rods, large and small SELLER: Bikar Metalle GmbH SALES: 2,246 lbs. of aluminum tubes Sources: company records, interviews ©2004 Associated Press ***************************************************************** 10 Hi Pakistan: Statement about Russian nuke ship worries world --> March 24 2004 MOSCOW: The head of the Russian Navy rang alarm bells on Tuesday after being quoted saying one of the world's most powerful nuclear warships might be about to blow up. But Admiral Vladimir Kuroyedov then denied making the comment and said he meant only that the Peter the Great, the pride of Moscow's Northern Fleet, was being poorly maintained. Russian military analysts said the incident might have had less to do with an imminent danger than with rivalries among the top brass of a navy struggling to stay afloat on a budget that has been dramatically cut since its Cold War heyday. Two major news agencies, Itar-Tass and Interfax, quoted Mr Kuroyedov as saying he had ordered the nuclear-powered cruiser back to port and warning that "it may blow up any minute". But some hours later, the admiral said he had been misquoted and the agencies' reports were "not true in any way". "The ship's nuclear safety system is fully tested and meets all vital requirements," he told Tass in his later remarks. "However, the state of the living quarters and the general state of the ship is unsatisfactory and fails to meet requirements set down by regulations." He had given the crew two weeks to fix the problems. It was not clear where the ship was. Its home port is near Murmansk on Russia's Arctic coast, close to borders with Norway and Finland. The 19,000-ton Kirov-class vessel has 20 cruise missiles that can be equipped with nuclear warheads. Designed to challenge the US Navy in the Cold War and originally named the Yuri Andropov after the former Soviet leader, the Peter the Great - or Pyotr Veliky - spent years in the dockyard after the Soviet Union collapsed, before being finally commissioned, despite concerns over its cost, in 1998. PUTIN EMBARRASSED: Declared the Northern Fleet's model ship last year, it plays a key role in manoeuvres in the North Atlantic and has often hosted visits by officials, including President Vladimir Putin. Kommersant newspaper quoted naval sources as saying Mr Kuroyedov's decision to recall the ship was motivated by rivalries among admirals, including Mr Kuroyedov and the ship's master, Admiral Vladimir Kasatonov, who is a bitter critic of the navy chief. The Northern Fleet upset Putin last month when three missile tests failed during his pre-election visit to the scene of Russia's biggest war games in two decades. The fleet also saw Russia's worst incident with a nuclear-powered vessel. The state-of-the-art submarine Kursk sank with all hands in 2000, months after Putin was elected, creating public relations disaster for the new president. But Tass quoted Sergei Perevoshchikov, technical director of the Northern Fleet's nuclear-powered vessels, as saying all vessels were fully maintained and reliable. "The Kursk accident showed that even with such a powerful explosion on the ship, the reactor itself was undamaged," he was quoted as saying. "This is the best proof of its reliability." Copyright 1996-2002 . Hi Pakistan. All rights reserved. ***************************************************************** 11 Las Vegas SUN: Concerns aired about Nevada tests of 'bunker buster' bomb Today: March 24, 2004 at 10:15:53 PST ASSOCIATED PRESS LAS VEGAS (AP) - Senators from both parties have expressed concerns that continued research on a new "bunker buster" bomb could lead to a resumption of nuclear detonations at the Nevada Test Site. During a Senate energy and water subcommittee budget hearing Tuesday, Sen. Dianne Feinstein, D-Calif., said she feared the Energy Department was "opening the nuclear door." She cited a report by the Congressional Research Service earlier this month that said the department plans to ask Congress to approve $485 million for the "bunker buster" bomb over the next five years. Lawmakers expressed concern the Energy Department was asking for $27.6 million in next year's budget to continue research on the weapon. Congress approved only $7.5 million for this year. Linton Brooks, chief of the National Nuclear Security Administration, acknowledged the funding request for the bomb is "perhaps the single most contentious issue in our budget." The administration oversees the vast Nevada Test Site. "What we are asking the Congress to do this year is to approve the continuation of the study," Brooks told the subcommittee hearing, which was held in Washington, D.C. Sen. Robert Bennett, R-Utah, said he feared accidents or sloppiness in testing 65 miles northwest of Las Vegas could have a wide-ranging effect. "The people in southern Utah, in particular, are very suspicious of anything the government says about nuclear testing above ground or below ground," Bennett said. Sen. Harry Reid, D-Nev., the subcommittee's ranking Democrat, said prior to the hearing that he has always opposed the "bunker buster" bomb. "I don't think we need new offensive weapons," Reid said. The Bush administration is studying designs for the new weapon, also called the Robust Nuclear Earth Penetrator. Plans envision a nuclear bomb with a hardened shell that could burrow underground before exploding. Military strategists say it could be helpful in destroying hidden arsenals and command centers. Others say it would defeat the purpose of arms control. There has not been an underground nuclear blast at the test site since Sept. 23, 1992. The last time atmospheric nuclear detonation at the test site was in 1962. Senior Energy Department officials noted the "bunker buster" bomb is years away from becoming a reality and will not be developed without congressional approval. "The law is extremely clear that beginning development and engineering requires congressional approval, and there is no one in the administration who has any doubt of or objection to that feature of that law," Brooks said. Information from: Las Vegas Review-Journal -- ***************************************************************** 12 NRC: NRC to Meet with Union Electric Co. To Discuss Performance of Callaway Nuclear Power Plant News Release - Region IV - 2004-01 U.S. NUCLEAR REGULATORY COMMISSION Office of Public Affairs, Region IV No. IV-04-013 March 24, 2004 CONTACT: Victor Dricks Phone: 817-860-8128 E-mail: opa4@nrc.gov [opa4@nrc.gov] The U.S. Nuclear Regulatory Commission staff will meet with representatives of the Union Electric Co. on Wednesday, April 7, to discuss the results of the agencys annual assessment of safety performance at the Callaway nuclear plant. The facility is located near Fulton, Missouri. The meeting will be held at 7 p.m. at the Capitol Plaza Hotel and Convention Center, 415 West McCarty Street, in Jefferson City. The public is invited to observe the meeting and NRC officials will be available before the conclusion of the meeting to answer questions from the public on the safety performance of the plant. The performance period to be discussed is January 1 to December 31, 2003. In addition, the NRC staff will provide an overview of how the agencys Reactor Oversight Process works. A letter from the NRC to Union Electric Co. officials addresses the performance of the plant during this period and will serve as the basis for the meeting discussion. It is available at: http://www.nrc.gov/NRR/OVERSIGHT/ASSESS/LETTERS/call_2003q4.pdf [PDF Icon] . Overall, the plant operated safely last year, but had a white inspection finding, or a finding of low to moderate safety significance, in the first quarter of 2003. Plant staff failed to provide tone alert radios to some local residents that were not within emergency siren coverage areas. A supplemental inspection by the NRC determined that corrective actions taken by Union Electric to resolve the issue and prevent a recurrence were satisfactory. The plant also has made progress addressing weaknesses in its problem identification and resolution program. The NRC plans to monitor the licensees continuing efforts in this area through its baseline inspection program which includes a team inspection specifically in this area. With regard to security issues, the letter points out that the NRC has issued several orders and threat advisories to enhance security capabilities and improve guard force readiness since the terrorist attacks on September 11, 2001. The agency has also conducted inspections to review the implementation of these requirements and has monitored the action of plant operators in response to changing threat conditions. The NRC will continue security inspections in 2004. Current performance indicators for the Callaway nuclear plant are available on the NRC web site at: http://www.nrc.gov/NRR/OVERSIGHT/ASSESS/CALL/call_chart.html. Last revised Wednesday, March 24, 2004 ***************************************************************** 13 NRC: NRC to Meet with Entergy Operations, Inc. to Discuss Performance of River Bend Nuclear Power Plant News Release - Region IV - 2004-01 U.S. NUCLEAR REGULATORY COMMISSION Office of Public Affairs, Region IV No. IV-04-014 March 24, 2004 CONTACT: Victor Dricks Phone: 817-860-8128 E-mail: opa4@nrc.gov [opa4@nrc.gov] The U.S. Nuclear Regulatory Commission staff will meet with representatives of Entergy Operations, Inc., on Tuesday, April 13, to discuss the results of the agencys annual assessment of safety performance at the River Bend nuclear plant. The facility is located near St. Francisville, Lousiana. The meeting will be held at 7 p.m. at Grace Episcopal Church, Jackson Hall, 11621 Ferdinand Street, St. Francisville. The public is invited to observe the meeting and NRC officials will be available before the conclusion of the meeting to answer questions from the public on the safety performance of the plant. The performance period to be discussed is January 1 to December 31, 2003. In addition, the NRC staff will provide an overview of how the agencys Reactor Oversight Process works. A March 3 letter from the NRC to Entergy Operations officials addresses the performance of the plant during this period and will serve as the basis for the meeting discussion. It is available at: http://www.nrc.gov/NRR/OVERSIGHT/ASSESS/LETTERS/rbs_2003q4.pdf [PDF Icon] . Overall, the plant operated safely last year, and fully met all cornerstone objectives (cornerstones are measures of plant performance). However, during the fourth quarter of 2003, the NRC staff identified one finding of low to moderate safety significance. It involved a failure to properly lock open a valve that complicated an automatic reactor shutdown in September 2002. The NRC staff has concluded that the licensee has adequately identified the root cause and taken appropriate corrective actions to prevent a recurrence. With regard to security issues, the letter points out that the NRC has issued several orders and threat advisories to enhance security capabilities and improve guard force readiness since the terrorist attacks on September 11, 2001. The agency has also conducted inspections to review the implementation of these requirements and has monitored the action of plant operators in response to changing threat conditions. The NRC will continue security inspections during 2004. Current performance indicators for the River Bend nuclear plant are available on the NRC web site at: http://www.nrc.gov/NRR/OVERSIGHT/ASSESS/RBS1/rbs1_chart.html. Last revised Wednesday, March 24, 2004 ***************************************************************** 14 AFP: Bulgaria and Romania agree on air defence of nuclear plant SOFIA (AFP) Mar 23, 2004 Bulgaria and Romania has agreed that Bulgaria could fire on aircraft in its neighbour's airspace if they threatened its nuclear plant at Kozloduy, Bulgarian Defence Minister Nikolai Svinarov said Tuesday. The nuclear plant, which provides almost half of Bulgaria's electricity, is situated on the Danube river on the border with Romania. Svinarov said the two countries will work out a formal accord allowing Bulgaria "to shoot down civilian aircraft who stray from their authorised route towards the plant." He was speaking after a visit to Bucharest where he held talks with Romanian Defence Minister Yoan Pascu on border security between the two states who both hope to join the European Union in 2007. WAR.WIRE ***************************************************************** 15 NRC: Advisory Committee on Reactor Safeguards; Meeting Notice FR Doc 04-6523 [Federal Register: March 24, 2004 (Volume 69, Number 57)] [Notices] [Page 13912-13913] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr24mr04-101] In accordance with the purposes of Sections 29 and 182b. of the Atomic Energy Act (42 U.S.C. 2039, 2232b), the Advisory Committee on Reactor Safeguards (ACRS) will hold a meeting on April 15-17, 2004, 11545 Rockville Pike, Rockville, Maryland. The date of this meeting was previously published in the Federal Register on Monday, November 21, 2003 (68 FR 65743). Thursday, April 15, 2004, Conference Room T-2B3, Two White Flint North, Rockville, Maryland 8:30 a.m.-8:35 a.m.: Opening Remarks by the ACRS Chairman (Open)-- The ACRS Chairman will make opening remarks regarding the conduct of the meeting. 8:35 a.m.-10 a.m.: Action Plan for Implementing the Phased Approach for Improving PRA Quality (Open)--The Committee will hear presentations by and hold discussions with representatives of the NRC staff regarding the staff's proposed action plan for implementing the phased approach for improving PRA quality. 10:15 a.m.-12:30 p.m.: SECY-04-0037, ``Issues Related to Proposed Rulemaking to Risk-Inform Requirements Related to Large Break LOCA Break Size and Plans for Rulemaking on LOCA with Coincident Loss-of- Offsite Power'' (Open)--The Committee will hear presentations by and hold discussions with representatives of the NRC staff regarding SECY- 04-0037. 1:30 p.m.-3:30 p.m.: Options and Recommendations for Functional Performance Requirements and Criteria for the Containments of Non-LWRs (Open)--The Committee will hear presentations by and hold discussions with representatives of the NRC staff regarding proposed options and recommendations for functional performance requirements and criteria for the containments of non-light water reactors (LWRs). 3:45 p.m.-4:45 p.m.: Criteria for Evaluating the Effectiveness (Quality) of the NRC Research Programs (Open)--The Committee will discuss the final criteria for use by the ACRS in evaluating the effectiveness (quality) of the NRC research programs. 5 p.m.-6:30 p.m.: Preparation of ACRS Reports (Open)--The Committee will discuss proposed ACRS reports on matters considered during this meeting as well as proposed reports on Resolution of Certain Items Identified by the ACRS in NUREG-1740 Related to Differing Professional Opinion on Steam Generator Tube Integrity, and on Divergence in Regulatory Requirements Between U.S. and Several Other Countries. Friday, April 16, 2004, Conference Room T-2B3, Two White Flint North, Rockville, Maryland 8:30 a.m.-8:35 a.m.: Opening Remarks by the ACRS Chairman (Open)-- The ACRS Chairman will make opening remarks regarding the conduct of the meeting. 8:35 a.m.-10 a.m.: License Renewal Application for the R.E. Ginna Nuclear Power Plant (Open)--The Committee will hear presentations by and hold discussions with representatives of the NRC staff and Rochester Gas and Electric Company regarding the license renewal application for the R.E. Ginna Nuclear Power Plant and the associated final Safety Evaluation Report prepared by the NRC staff. 10:15 a.m.-12 noon: Proposed Generic Communication Regarding Pressurizer Dissimilar Metal Weld Cracking Issues (Open)--The Committee will hear presentations by and hold discussions with representatives of the NRC staff regarding the proposed NRC generic communication related to pressurizer dissimilar metal weld cracking issues. 1:15 p.m.-1:30 p.m.: Subcommittee Report on the Interim Review of the License Renewal Application for the Dresden and Quad Cities Nuclear Power Plants (Open)--The Committee will hear a report by and hold discussions with the Chairman of the ACRS Subcommittee on Plant License Renewal regarding the Subcommittee's review of the license renewal application for the Dresden and Quad Cities Nuclear Power Plants and the associated initial Safety Evaluation Report prepared by the NRC staff. 1:30 p.m.-1:45 p.m.: Subcommittee Report on Digital I System Matters (Open)--The Committee will hear a report by and hold discussions with the Chairman of the ACRS Subcommittee on Plant Operations regarding the Subcommittee's review of the digital instrumentation and control (I) system matters. 1:45 p.m.-2:30 p.m.: Future ACRS Activities/Report of the Planning and Procedures Subcommittee (Open)--The Committee will discuss the recommendations of the Planning and Procedures Subcommittee regarding items proposed for consideration by the full Committee during future meetings. Also, it will hear a report of the Planning and Procedures Subcommittee on matters related to the conduct of ACRS business, including anticipated workload and member assignments. 2:30 p.m.-2:45 p.m.: Reconciliation of ACRS Comments and Recommendations (Open)--The Committee will discuss the responses from the NRC Executive Director for Operations (EDO) to comments and recommendations included in recent ACRS reports and letters. The EDO responses are expected to be made available to the Committee prior to the meeting. 3 p.m.-4:30 p.m.: Preparation for Meeting with the NRC Commissioners (Open)--The Committee will discuss proposed topics for meeting with the NRC Commissioners, which is scheduled to be held between 1:30 and 3:30 p.m. on Thursday, May 6, 2004. 4:45 p.m.-7 p.m.: Preparation of ACRS Reports (Open)--The Committee will discuss proposed ACRS reports. Saturday, April 17, 2004, Conference Room T-2B3, Two White Flint North, Rockville, Maryland 8:30 a.m.-12:30 p.m.: Preparation of ACRS Reports (Open)--The Committee will discuss proposed ACRS reports. 12:30 p.m.-1 p.m.: Miscellaneous (Open)--The Committee will discuss matters related to the conduct of Committee activities and matters and specific issues that were not completed during previous meetings, as time and availability of information permit. Procedures for the conduct of and participation in ACRS meetings were published in the Federal Register on October 16, 2003 (68 FR 59644). In accordance with those procedures, oral or written views may be presented by members of the public, including representatives of the nuclear industry. Electronic recordings will be permitted only during the open portions of the meeting. Persons desiring to make oral statements should notify the Cognizant ACRS staff named below five days before the meeting, if possible, so that [[Page 13913]] appropriate arrangements can be made to allow necessary time during the meeting for such statements. Use of still, motion picture, and television cameras during the meeting may be limited to selected portions of the meeting as determined by the Chairman. Information regarding the time to be set aside for this purpose may be obtained by contacting the Cognizant ACRS staff prior to the meeting. In view of the possibility that the schedule for ACRS meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should check with the Cognizant ACRS staff if such rescheduling would result in major inconvenience. Further information regarding topics to be discussed, whether the meeting has been canceled or rescheduled, as well as the Chairman's ruling on requests for the opportunity to present oral statements and the time allotted therefor can be obtained by contacting Mr. Sam Duraiswamy, Cognizant ACRS staff (301-415-7364), between 7:30 a.m. and 4:15 p.m., ET. ACRS meeting agenda, meeting transcripts, and letter reports are available through the NRC Public Document Room at pdr@nrc.gov [pdr@nrc.gov] , or by calling the PDR at 1-800-397-4209, or from the Publicly Available Records System (PARS) component of NRC's document system (ADAMS) which is accessible from the NRC 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] or http://www.nrc.gov/reading-rm/doc-collections/ [http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leaving FR.html&log=linklog&to=http://www.nrc.gov/reading-rm/doc-collecti ons/] (ACRS & oc-collections/ (ACRS & ACNW Mtg schedules/agendas). Videoteleconferencing service is available for observing open sessions of ACRS meetings. Those wishing to use this service for observing ACRS meetings should contact Mr. Theron Brown, ACRS Audio Visual Technician (301-415-8066), between 7:30 a.m. and 3:45 p.m., ET, at least 10 days before the meeting to ensure the availability of this service. Individuals or organizations requesting this service will be responsible for telephone line charges and for providing the equipment and facilities that they use to establish the videoteleconferencing link. The availability of videoteleconferencing services is not guaranteed. Dated: March 18, 2004. Andrew L. Bates, Advisory Committee Management Officer. [FR Doc. 04-6523 Filed 3-23-04; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 16 Free Lance-Star; NRC to meet with utility on North Anna safety; Hearing slated tonight on VRE fare increases [fredericksburg.com] Date published: 3/24/2004 NRC to meet with utility on North Anna safety How safe is the North Anna Nuclear Power Station? On Tuesday, April 6, the Nuclear Regulatory Commission will meet with Dominion Virginia Power officials to discuss the results of the NRC's annual safety performance assessment. The gist of the assessment, contained in a letter to the plant, is that it operated safely and performance was at a level requiring no additional NRC inspection. The meeting, open to the public, will be at 2 p.m. in the main auditorium at the plant's information center in Louisa County. The Free Lance-Star (through 3/2001). ? Send us Feedback, Phone: 540-368-5055 To contact all other newspaper departments, please call 540-374-5000. Copyright 2004, The Free Lance-Star Publishing Co. of Fredericksburg, Va. ***************************************************************** 17 Bellona: Russian Nuclear Regulatory reports about insufficient level of nuclear installations security The head of the Russian Nuclear Regulatory Andrey Malyshev stated that at the Collegium on nuclear and radiation safety and security on February 27. 2004-03-24 16:15 The Russian State Nuclear Regulatory performed 299 inspections to reveal the level of nuclear sites’ physical protection and detected 175 violations in 2003. In 2002 and 2003 only one violation of class A was registered, which led to overexposure of the testing operators and three radiation incidents concerning excess of the radiation control levels during operation with radioactive substances. According to Malyshev, the Russian nuclear plants experienced rise in the number of the violations from 39 in 2002 to 51 in 2003. Malyshev assumed that this rise is connected with the 4.6% increase of energy generation at the nuclear plants. He also stated that unit no.1 of the Kursk NPP was launched without proper adjusting of the operating licence. An investigation was conducted and the measures were taken added Malyshev. Publisher: [bellona@bellona.no] , President: [frederic@bellona.no] Information: [info@bellona.no] , Technical contact: [webmaster@bellona.no] Telephone: +47 23 23 46 00 Telefax: +47 22 38 38 62 * P.O.Box 2141 Grunerlokka, 0505 Oslo, Norway Menu ***************************************************************** 18 toledoblade: Broken valve further delays Besse power Wednesday, March 24, 2004 FirstEnergy Corp. doesn't expect to be generating electricity again at its Davis-Besse nuclear plant near Oak Harbor until at least next week, Richard Wilkins, a spokesman for the company, said yesterday. The plant was shut down for repairs March 17, days after it had started generating electricity again for the first time in more than two years. The plant had been idle for routine maintenance in February, 2002, and during that time numerous safety failures and equipment, management, and design issues were discovered. According to Mr. Wilkins, the biggest problem of late is a broken feedwater block isolation valve. The Nuclear Regulatory Commission has said the plant could have operated safely with the broken valve. However, the company decided that doing so would not have been feasible because the reactor would not have achieved more than a quarter of its power capacity, Mr. Wilkins said. © 2004 The Blade. The Toledo Blade Company, 541 N. Superior St., Toledo, OH 43660 , (419) 724-6000 ***************************************************************** 19 Daily Press: Regulators to request answers on Surry [http://dailypress.com/] HAMPTON ROADS, VA. March 24, 2004 9:09 PM Fire, safety procedures of nuclear plant at issue By Chris Flores Daily Press Federal nuclear regulators will ask Dominion Resources at a meeting next month to explain some safety procedures and operational problems the company has encountered over the past year at Surry Power Station. The annual Nuclear Regulatory Commission meeting with Dominion Energy - the Dominion Virginia Power sister company that operates Dominion's two nuclear plants, Surry and North Anna - will focus on how the company would deal with a fire at Surry and unplanned shutdowns of one of Surry's reactors. The meeting, open to the public, will start at 1 p.m. April 8 at the Surry County Government Center, 45 School St., Surry. The NRC reported Surry operated safely overall but the problems would result in extra inspections in the next year. Regulators determined preliminarily last month that the fire-measures violations were of low to moderate safety significance. Dominion is meeting with the NRC in about a week and plans to dispute the significance of its fire-prevention shortcomings. "We believe we have a pretty strong case that this issue should fall into the very-low-safety-significance category," Dominion spokesman Richard Zuercher said. NRC officials were concerned Dominion's procedures would make it difficult to shut down one of the reactors if there was a fire in the Emergency Switchgear and Relay Room, a secondary control room that contains the backup switch to turn off the units. A ventilation system is shared between the main and secondary control rooms. The Surry plant doesn't have anything in place to prevent smoke and toxic gases from reaching both rooms if a fire occurred, the NRC reported. Another violation considered of low to moderate significance reflected the NRC's concerns that coolant wouldn't reach the reactors in certain types of fires. The regulators found other "noncited violations" of nuclear rules that they considered minor relating to reacting to fires. The regulators will do another inspection next year to determine why there were more automatic shutdowns of one of the reactors over the past year than are allowed annually. In the past year, the NRC also did an extra inspection to oversee a problem with emergency power. Chris Flores can be reached at 247-4738 or by e-mail at cflores@dailypress.com [cflores@dailypress.com] Copyright ©2004 Daily Press [Stayer University] ***************************************************************** 20 NRC: Advisory Committee on Reactor Safeguards Joint Meeting of the FR Doc E4-659 [Federal Register: March 24, 2004 (Volume 69, Number 57)] [Notices] [Page 13913] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr24mr04-102] ACRS Subcommittees on Reliability and Probabilistic Risk Assessment and on Plant Operations; Notice of Meeting The ACRS Subcommittees on Reliability and Probabilistic Risk Assessment and on Plant Operations will hold a joint meeting on April 14, 2004, Room T-2B3, 11545 Rockville Pike, Rockville, Maryland. The entire meeting will be open to public attendance. The agenda for the subject meeting shall be as follows: Wednesday, April 14, 2004--8:30 a.m. Until 11:30 a.m. The Subcommittees will discuss the results of the pilot program on the Mitigating Systems Performance Indicator (MSPI). The Subcommittees will hear presentations by and hold discussions with representatives of the NRC staff and other interested persons regarding this matter. The Subcommittees will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the full Committee. Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official, Ms. Maggalean Weston (telephone: 301-415-3151) five days prior to the meeting, if possible, so that appropriate arrangements can be made. Electronic recordings will be permitted. Further information regarding this meeting can be obtained by contacting the Designated Federal Official between 8 a.m. and 5:30 p.m. (e.t.). Persons planning to attend this meeting are urged to contact the above named individual at least two working days prior to the meeting to be advised of any potential changes to the agenda. Dated: March 17, 2004. Maggalean W. Weston, Acting Associate Director for Technical Support, ACRS/ACNW. [FR Doc. E4-659 Filed 3-23-04; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 21 Ohio News Network: Davis-Besse Will Not Open Until Next Week Oak Harbor March 24, 2004 A northern Ohio nuclear plant shut down again just days after it reopened for the first time in two years probably won't generate electricity until at least next week. FirstEnergy Corporation's Davis-Besse Plant was closed for repairs on March 17th after having been open just a few days. The plant had been shut down since February 2002 when workers doing routine maintenance found an unchecked acid leak had eaten a whole in the steel reactor cap. FirstEnergy spokesman Richard Wilkins says the latest problem is a broken valve. The Nuclear Regulatory Commission says the plant could operate safely despite the break. Wilkins says the company decide to shut down because the plant could only generate about a quarter of the energy it would be able to once the valve is fixed. © Associated Press and Dispatch Productions, Inc., 2004. All [http://www.dispatchinteractive.com] The Columbus Dispatch ***************************************************************** 22 [du-list] Gulf troops babies are 50pc more vulnerable Date: Wed, 24 Mar 2004 15:51:48 -0800 Gulf troops' babies 'are 50pc more vulnerable' By Nic Fleming (Filed: 24/03/2004) Babies whose fathers served in the first Gulf war are 50 per cent more likely to have physical abnormalities than those born to soldiers not sent to the region, according to a study published today. Increased risks of genital, urinary and renal abnormalities and deformed limbs, bones and muscles were found in the Ministry of Defence-funded survey. Of 13,191 pregnancies among the partners of male Gulf veterans, 686, or 5.2 per cent, had some form of physical abnormality, compared with 342, or 3.5 per cent, of the 9,758 non-Gulf pregnancies. Miscarriages were also 40 per cent more common in the pregnancies of wives and partners of male veterans deployed in the conflict. Female veterans were found to have no increased risk of suffering miscarriages. The six-year study, published in the International Journal of Epidemiology, found no strong link between service in the Gulf and chromosome, heart and nervous system damage in the offspring of veterans or of stillbirths. Dr Pat Doyle, the epidemiologist at the London School of Hygiene and Tropical Medicine who led the study, called for close monitoring of babies born to British troops sent to Iraq last year. Malcolm Hooper, the emeritus professor of medicinal chemistry at Sunderland University and an adviser to the veterans, said: "The findings will be very worrying for them. "I strongly endorse the call for further studies on those who served in Gulf war two. "There are grave concerns and significant anecdotal evidence about the inability to sustain normal pregnancies as a result of Gulf service." Dr Doyle said the study was important, but warned against reading too much into the findings. "I believe our findings on renal problems and miscarriages are important and need to be investigated in greater detail," she said. She added that although "associations were found between fathers' service in the Gulf war and increased risk of miscarriage and other malformations", the findings should be interpreted cautiously because of recall bias, the potential uncertainty of results based on people's memories. Terry English, of the Royal British Legion, said: "Anecdotal evidence from veterans has suggested a greater rate of miscarriage and this appears to be the first scientific evidence that confirms this." Of 53,000 British troops sent to the first Gulf war, about 630 have died and almost 6,000 have claimed war pensions. A range of causes for the illnesses have been suggested including depleted uranium fallout from munitions, vaccinations administered and tablets taken before the conflict. An MoD spokesman said: "It is important to note the researchers have cautioned that the findings may be susceptible to recall bias, and that it is a comparison with a control group in which miscarriage may have been under reported. "Independent researchers and the military medicine health advisory group of the Medical Research Council have said that overall there is a lack of evidence to link reproductive health problems to service in the Gulf." Mandy Duncan, from Clackmannanshire, has had three children since her husband Kenny returned from the Gulf. Kenneth, nine, was born with deformed ears, constant headaches and needs special shoes. Andrew, eight, wets his bed and has asthma. Heather, six, is partially deaf and suffers bowel and bladder problems. Mrs Duncan said last night: "I don't need a study to tell me my kids have been affected by Kenny's Gulf service. I want to know what the Government is going to do about it." Related reports MoD pays out after DNA test ________________________________________________________________________ Yahoo! Messenger - Communicate instantly..."Ping" your friends today! Download Messenger Now http://uk.messenger.yahoo.com/download/index.html To unsubscribe from this groups send a message to du-list-unsubscribe@yahoogroups.com. In the body of the message type unsubscribe and send. Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/du-list/ <*> To unsubscribe from this group, send an email to: du-list-unsubscribe@yahoogroups.com <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/ ***************************************************************** 23 [DU Information List] Silent genocide Date: Wed, 24 Mar 2004 15:53:22 -0800 ROBERT C. KOEHLER For release 3/25/04 SILENT GENOCIDE By Robert C. Koehler Tribune Media Services "After the Americans destroyed our village and killed many of us, we alsolost our houses and have nothing to eat. However, wewould have endured these miseries and even accepted them, if the had not sentenced us all to death." This will not be easy to read, especially if you've projected evil out of your own heart, into some cave in Afghanistan or a spider hole in Iraq, reduced the age-old question it inspires to this one: How can we bomb it off the face of the earth? Before the damage we inflict grows greater, before history's judgment gets worse, before we contaminate the whole world - even before we vote in the next election - we must stop what we're doing. We must stop now. It's time to listen for a moment not to defense analysts, briefing officers, pols or pundits, but to people like Jooma Khan, a grandfather who lives in a village in Laghman Province, in northeastern Afghanistan, who is quoted above. Surely he deserves 30 seconds of our undivided attention. "When I saw my deformed grandson," he told an interviewer in March of 2003, "I realized that my hopes of the future have vanished for good. (This is) different from the hopelessness of the Russian barbarism, even though at that time I lost my older son Shafiqullah. This time, however, I know we are part of the invisible genocide brought on us by America, a silent death from which I know we will not escape." We're waging war-plus in Afghanistan and Iraq - in effect, nuclear war, with our widespread use of depleted-uranium-tipped shells and missiles. This is no secret. DU, with its extraordinary penetrating power and explode-on-impact capability, helps assure our military dominance everywhere we go. But people like Jooma Khan and his grandson reap its toxic legacy. So, of course, do our own troops. Kahn's words are only a sliver of the damning testimony contained in the documents of the International Criminal Tribunal for Afghanistan, a Japanese citizens' initiative that recently concluded its two-year inquiry into the first phase of the Bush Administration's war on terror. But they say everything that we cannot hear. If we could hear Jooma Khan, and others who are sounding the alarm about DU, such as former Livermore Labs geologist Leuren Moret, who testified at the tribunal, there would not be mere thousands of people in the streets of American cities demanding that we stop the war, but hundreds of thousands, or millions - the sort of numbers that turn out in other parts of the world. The use of DU weaponry is not the extent of our criminal irresponsibility in Afghanistan and Iraq, which led to the tribunal's guilty verdict against George Bush on charges of war crimes, but it's the most chilling. (You can check out the full report at, among other places, www.mindfully.org/Reform/2004/Afghanistan-Criminal-Tribunal10mar04.htm) As Moret testified, depleted uranium turns into an infinitesimally fine dust after it explodes; individual particles are smaller than a virus or bacteria. And, "It is estimated that one millionth of a gram accumulating in a person's body would be fatal. There are no known methods of treatment." And DU dust is everywhere. A minimum of 500 or 600 tons now litter Afghanistan, and several times that amount are spread across Iraq. In terms of global atmospheric pollution, we've already released the equivalent of 400,000 Nagasaki bombs, Moret said. The numbers are overwhelming, but the potential horrors only get worse. DU dust does more than wreak havoc on the immune systems of those who breathe or touch it; the substance also alters one's genetic code. Thus, birth defects are way up in Afghanistan since the invasion: children "born with no eyes, no limbs, tumors protruding from their mouths ... deformed genitalia," according to the tribunal report. This ghastly toll on the unborn - on the future - has led investigators to coin the term "silent genocide" to describe the effects of this horrific weapon. The Pentagon's response to such charges is denial, denial, denial. And the American media is its moral co-conspirator. But blame is beside the point. Surely even those who still await "conclusive proof" that DU is the cause, or a factor, in the mystery illnesses and birth defects emanating from the war zones, can see the logic in halting its use now. Global terrorism? Listen to Jooma Khan. Then look in the mirror. - - - Robert Koehler, an award-winning, Chicago-based journalist, is an editor at Tribune Media Services and nationally syndicated writer. You can respond to this column at bkoehler@tribune.com © 2004 Tribune Media Services, Inc. ________________________________________________________________________ Yahoo! Messenger - Communicate instantly..."Ping" your friends today! Download Messenger Now http://uk.messenger.yahoo.com/download/index.html Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/pandora-project/ <*> To unsubscribe from this group, send an email to: pandora-project-unsubscribe@yahoogroups.com <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/ ***************************************************************** 24 [DU-WATCH] Mystery sickness strikes a local soldier Date: Wed, 24 Mar 2004 00:08:25 -0600 (CST) Forwarded by Charlie Jenks Mystery sickness strikes a local soldier War in Iraq: Austin Lipps has suffered from flu-like symptoms ever since his return home By Bill Engle Staff writer http://www.pal-item.com [demime 0.98e removed an attachment of type image/tiff which had a name of image.tiff] Austin Lipps At a glance Austin Lipps, 20, of Richmond has been fighting flu-like symptoms since returning to the United States from Iraq in August 2003. Lipps is stationed at Fort Stewart, Ga., where he has seen Army doctors and civilian doctors. He is waiting for a diagnosis. Austin Lipps might not be going back to Iraq when his U.S. Army unit, the 64th Armored Regiment, saddles up in January 2005. That's because Lipps, the son of Bobby and Pam Lipps of Richmond, brought a little piece of the Iraqi war home with him. It follows his every step, from Richmond, where he returned in August 2003 to take his leave, to Fort Stewart, Ga., where he is trying to prepare for another trip to the Middle East. Lipps, 24, has been sick almost every day since returning from the war. He has a mysterious disease that has flu-like symptoms and leaves him with mild discomfort some days and absolutely knocked-down, knocked-out sick on others. "It's been hard,'' Lipps said from Georgia this week. "They've got me on all kinds of different pills to stop the major symptoms. Sometimes they work, sometimes they work for a few hours.'' He has been examined by Army doctors and civilian doctors, he had his appendix removed and has been treated for Crohn's disease. He stayed behind when the rest of his unit went to California for more training. It has been difficult, he said, not knowing what is wrong. "It's kind of depressing,'' Lipps said. "They've told me I might be getting a medical discharge or a (job reclassification) to another job. Right now, I've just been answering phones.'' Pam Lipps said she is still waiting for a diagnosis. "It's hard to know what to think or feel until we get the final results,'' she said. "He was going to make (the military) a career so I know it's hard for him. For me, it's kind of a mixed blessing. If he didn't have to go back to Iraq, that would be OK. "But I would never want it to be something that threatened his health,'' she said. The Lipps' other son, Joe, is a U.S. Marine serving in northern Afghanistan. During the 1991 Gulf War, more than 4,000 veterans came back from the Persian Gulf with a mysterious illness, called Gulf War Syndrome, that included symptoms like running nose, diarrhea, fatigue, rashes, intestinal problems and sores. As of yet, there have been few cases of soldiers returning home from Operation Iraqi Freedom with ongoing medical problems. Austin Lipps said he and other soldiers first became sick from drinking water in Iraq. But he said doctors have not been able to tell him if that is related to his current illness. But Lipps is not letting the illness affect how he views the rest of his life. "I'm not one to get down on something like this because it just happened,'' he said. "If they are going to give me a medical discharge, I just wish they would do it so I can get out and go back to school. "But I'm not going to cry myself to death,'' he said. "You just have to move on. I've just got to adapt and move on.'' [demime 0.98e removed an attachment of type image/tiff which had a name of image.tiff] Email this story http://www.pal-item.com Originally published Saturday, March 20, 2004 ***************************************************************** 25 NRC: Advisory Committee on the Medical Uses of Isotopes; Renewal FR Doc 04-6522 [Federal Register: March 24, 2004 (Volume 69, Number 57)] [Notices] [Page 13911-13912] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr24mr04-100] Notice AGENCY: U.S. Nuclear Regulatory Commission. ACTION: This notice is to announce the renewal of the Advisory Committee on the Medical Uses of Isotopes (ACMUI) for a period of two years. SUPPLEMENTARY INFORMATION: The U.S. Nuclear Regulatory Commission (NRC) has determined that the renewal of the charter for the Advisory Committee on the Medical Uses of Isotopes for the two year period commencing on March 18, 2004 is in the public interest, in connection with duties imposed on the Commission by law. This action is being taken in accordance with the Federal Advisory Committee Act, after consultation with the Committee Management Secretariat, General Services Administration. The purpose of the ACMUI is to provide advice to NRC on policy and technical issues that arise in regulating the medical use of byproduct material for diagnosis and therapy. Responsibilities include providing guidance and comments on current and proposed NRC regulations and regulatory guidance concerning medical use; evaluating certain non- routine uses of byproduct material for medical use; and evaluating training and experience of proposed authorized users. The members are involved in preliminary discussions of major issues in determining the need for changes in NRC policy and regulation to ensure the continued safe use of byproduct material. Each member provides technical assistance in his/her specific area(s) of expertise, particularly with respect to emerging technologies. Members also provide guidance as to NRC's role in relation to the responsibilities of other Federal agencies as well as of various professional organizations and boards. Members of this Committee have demonstrated professional qualifications and expertise in both scientific and non-scientific disciplines including nuclear medicine; nuclear cardiology; radiation therapy; medical physics; radiopharmacy; State medical regulation; patient's rights and care; [[Page 13912]] health care administration; medical research; medical dosimetry, and Food and Drug Administration regulation. FOR FURTHER INFORMATION CONTACT: Angela Williamson, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555; Telephone (301) 415-5030. Dated: March 18, 2004. Andrew L. Bates, Federal Advisory Committee, Management Officer. [FR Doc. 04-6522 Filed 3-22-04; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 26 the spectrum: Downwinder, DRMC speak out on testing [http://www.thespectrum.com Wednesday, March 24, 2004 By Hillary Gubler hgubler@thespectrum.com ST. GEORGE -- St. George resident Bill Endsley, who grew up in Cedar City and endured hundreds of nuclear blasts, said the radiation from the testing gave him skin cancers and melanomas. His children have also seen the domino effects of radiation -- they are consistently checked for odd-looking moles and skin growths, Endsley said. However, even with similar side-effects evident in thousands of Southern Utahns, the federal government is leaving the option open to restart nuclear testing in Nevada. At the Senate Appropriations Subcommittee meeting, Linton Brooks, the Energy Department's undersecretary for nuclear security, said while there is no continuation of nuclear testing pending, if the need arises Brooks will recommend it to President Bush. Endsley said nuclear testing is not a partisan issue and he is speaking out against the government implementing the testing of bunker busters. Radioactive fallout from the original testing -- both above and below -- caused a lot of damage in various of places, he said. "It's time to put up rather than shut up," Endsley said. "I don't know why we need to go through this again to validate the monster." Terri Draper, Dixie Regional Medical Center spokeswoman, said the hospital would also be in opposition to further nuclear testing in Nevada. She said testing would have a large impact on the hospital -- just like any other medical facility. DRMC set up its Radiation Exposure Screening and Education Program on March 10 for those who lived in Washington, Iron, Kane, Beaver and Garfield counties during the above ground nuclear testing from 1951 to 1958 or July 1962. Originally published Wednesday, March 24, 2004 ***************************************************************** 27 Salt Lake Tribune: Bennett zeros in on N-testing safety March 24, 2004 By Christopher Smith WASHINGTON -- Utahns are rightfully skeptical of federal assurances that future nuclear bomb experiments in Nevada won't threaten people living downwind, Sen. Bob Bennett, R-Utah, told the nation's atomic weapons chief Tuesday. Bennett said he is considering legislation or language in an appropriations bill to make health protections of people living downwind from nuclear weapons tests a condition for resuming testing in order to prevent a repeat of the Cold War fallout from Nevada that thousands in the West blame for illnesses. "Utahns were not only let down by their government, they were lied to by their government," Bennett told National Nuclear Security Administration head Linton Brooks during a Senate Appropriations subcommittee hearing on the agency's 2005 budget request. Brooks repeated statements that he made to the House Armed Services Committee last week that the Bush administration has no plans to end a 1992 moratorium and resume nuclear bomb detonations at the Nevada Test Site. But for the first time, Brooks said part of the agency's $9 billion budget request before Congress would help protect against any accidental release of radioactive materials into the environment. "Much of the money that we are requesting goes to ensure a very detailed analysis to the absolute safety of any hypothetical future nuclear test," he told Bennett. Illustrating downwinders' concern that underground tests still pose many of the same risks as the defunct atmospheric tests, Bennett displayed a black-and-white photo of a plume of radioactive dust rising from the Nevada Test Site during an accidental "venting" of a 10-kiloton nuclear bomb exploded 900 feet below the surface in 1970. Brooks said the federal government has since made a number of "analytical and technical corrections" to avoid geologic fissures in the desert crust that were responsible for the 1970 venting. He acknowledged three other "far less significant" ventings had occurred in tests since then, but said none distributed any fallout in Utah. Because of advances in science and technology, "if at some future date the president decides we need to do an underground test, there will be a policy debate but there won't be any public health issue because we're confident that we will make sure we do not have a repeat of that 1970 event," Brooks said. Bennett is studying downwinder protection legislation sponsored in the House by Rep. Jim Matheson, D-Utah, but said he is concerned that requiring an environmental impact statement prior to a nuclear bomb test could hamper the inclusion of new weapons in the nation's nuclear stockpile. csmith@sltrib.com [csmith@sltrib.com] "> Copyright Salt Lake City Tribune ***************************************************************** 28 Las Vegas SUN: Targets with depleted uranium questioned LAS VEGAS SUN The Air Force will hold the first of three public meetings tonight to accept comments on what to do with 182 tanks on the Nevada Test and Training Range that were used as targets by A-10 Thunderbolt IIs firing depleted uranium ammunition. About 7,900 radioactive uranium rounds are fired at the 2.9 million-acre range every year, and those rounds are gathered and disposed of at low-level waste facilities, Nellis officials said. The tanks that the Thunderbolts fire on remain on the range, and the Air Force is drafting an environmental assessment for their proposed removal. It has not yet been decided what will be done with the tanks, but options include leaving them on the range, fitting them with monitoring equipment and leaving them, or burying them, Air Warfare Center spokesman Mike Estrada said. At current usage rates the tanks on the range should last as targets for the next 20 years, about the life span of the A-10. The A-10, an aircraft used for close air support and tank-busting, could be replaced by the F-35 Joint Strike Fighter in about 20 years, Estrada said. The Joint Strike Fighter will likely not use depleted uranium ammunition, Estrada said. ***************************************************************** 29 NEWS.com.au: Uranium found in drinking water (March 25, 2004) By EDITH BEVIN Twelve workers complained of nausea and headaches yesterday after drinking water contaminated with uranium and acid. The Ranger mine, 220km east of Darwin, was evacuated and could stay closed until the end of this week. The workers were sent home after reporting for the morning shift. It is not known how long the contaminated water had been leaking into the drinking water supply. The water is used by the mine, airport and businesses in the nearby town of Jabiru. The town water supply was not affected. ``We still haven't been officially told what's happened,'' one worker said yesterday afternoon. ``Supervisors told us the water was contaminated but didn't say how that happened.'' Another source said tests carried out yesterday on the drinking water showed a contamination level of about 30 per cent. Staff finishing the night shift noticed the contamination while showering. Workers on the morning shift, starting at 7am, said they noticed the water tasted strange. They reported it to supervisors and the uranium mine was closed two hours later. The contamination came from pit one, which contains yellowcake and other chemicals and acids used in the mining process. Yellowcake is uranium oxide concentrate, a mixture of uranium oxides produced after milling uranium ore. Uranium is exported from Australia as yellowcake. ``Management sent us home without any explanation and without checking with anyone how much of this stuff they'd actually consumed,'' one worker said. ``They didn't ask whether we needed to seek medical advice. ``We're all pretty worried because we're not being told anything.'' Manager External Relations Amanda Buckley said workers had been told not to return to the mine site today. She said ``elevated levels of uranium'' had been found in the water. She said they were still trying to find the source of the contamination. ``As a precaution, the drinking and washing water system was immediately closed down and non-essential staff sent home,'' Ms Buckley said. ``The company also immediately advised the airport and other businesses near Ranger, whose water supply is provided by the mine. ``Later testing found that the quality of the water outside the immediate mine area appears to have been unaffected.'' Ms Buckley said they had received no reports from staff about illness as a result of the contamination. Northern Territory News [http://www.news.com.au ***************************************************************** 30 Gallup Independent: Records needed for compensation for uranium illnesses - March 20, 2004 Marie and James Tomchee are having a difficult time coming up with documented proof of residency required to receive compensation for uranium-related illnesses. Courtesy photo by Kathy Helms Diné Bureau SHIPROCK  Marie Tomchee stood timidly in the doorway to Phil Harrison's office at the Shiprock Chapter House. Harrison, a member of the Navajo Uranium Radiation Victims Committee, sat at his desk highlighting passages in a 4-inch-thick file. Tomchee's file. Marie, a cancer victim, and her husband, James Tomchee, superintendent of Apache County Schools, were at Harrison's office to discuss the status of Marie's downwinderclaim under the Radiation Exposure Compensation Act. "She received a deficiency letter. It shouldn't be like that," Harrisonsaid. "We have to look for more records for her and get a third medicalopinion, and I'm not sure Indian Health Service will be able to provide it." Aside from the pile of information already provided, the U.S. Department of Justiceis asking for proof that Marie was living in one of the counties covered underdownwinder criteria between Jan. 21, 1951, and Oct. 31, 1958, or June 30 to July1962. Arizona counties include Apache, Coconino, Navajo, Yavapai, Gila, and Mohave. Marie has a grazing permit which covers the Teecnospos area in Apache Countywhere her family historically has had grazing rights. That apparently is notenough to satisfy the federal government, even though the permit and a coverletter giving the history of the permit came from a Department of Interior agencyoffice. "The permit has been existing since June 1943. It went through the familyand it went to Marie in August 1972, which is not in the designated years," Harrisonsaid. "But she has been in this area under this permit since 1943. So thattells me that she was born there, she was raised there, and she still lives there.They should be able to provide that (grazing permit) and give her an approvalon that." Instead, the government is requesting other documentation to substantiate residency,including tax and voting records. "Of course we don't have no tax records," saidHarrison, who has helped Marie work her way through the bureaucratic red tape.Navajos living within the reservation do not pay property taxes. "All of the school records have been destroyed. Employment was scarce. Alot of people were born at home. Personal letters nobody much wrote letters becausethe majority of them were uneducated. Church records there was hardly any churches.Voting records, we didn't find any," he said. The government also requested personal diaries. But Harrison and the Tomcheeswere skeptical. If the government won't accept a certified grazing permit, whatgood is a personal diary? "It's a hopeless case," Harrison said. "They won't accept it anyway,so why do they bother asking for all of that?" This is one of the stumbling blocks Harrison encounters time and again in helpingdownwinders. Next week in Washington he plans to lobby for less stringent residencyrequirements. "They should be able to accept that grazing permit because it went throughthe family. We provided them the USGS map that has all of the bearings on there.The range and the township is on there. It's not anywhere on Mars. It's in thestate of Arizona," he said. "On the medical case, she should be able to be approved because the tumorregistry said that she had cancer," Harrison said. Marie said she was born in the family hogan in Teecnospos on Sept. 10, 1933.Her affidavit of birth was recorded with the Bureau of Indian Affairs on March24, 1952. But the Justice Department does not accept tribal census records, Harrisonsaid. "I was born at home and just stayed at home. I went to school at TeecnosposBoarding School, and then also I went to school at Shiprock. I've always beenhome and around this area," Marie said. She went to work at Red Rock Boarding School in 1954 and continued to work thereuntil 1958, when she went away to Utah for a couple years, returning in 1960.That's when she became ill with thyroid problems and spent nearly a month inthe hospital. "In all that time, from 1960 on, she's never had a whole day without complainingabout sickness. All that time we went to the doctors here. We were not satisfiedwith PHS (Public Health Service) doctors so we went to private doctors, and theywould never diagnose her ailment. For that reason, we had to resort to medicinemen. We went to a whole bunch of them. They gave us herb treatments and thingslike that, and some major ceremonies, which cost a lot of money," Jamessaid. "Finally, she started having some bleeding around 1972, and eventually theydiagnosed that she had uterine cancer. So she had to have a hysterectomy, anoperation for that. To this day, she still has to go to Albuquerque to that cancercenter for a checkup annually," he said. "First she had to go backevery month after surgery, then a couple of times a year, and then annually.That cost money for travel, lodging, meals." Marie also had skin cancer, according to her husband. "There was a great big dark spot on her skin there and they cut it out," hesaid. One of Marie's brothers worked in the uranium mines about 5 miles west of Teecnospos,hauling uranium in a dump truck. "Sometimes he would come back with a load of it and they would play on it," Jamessaid. "I didn't know, I was a child," Marie explained. "One of my sistersdied from cancer in 1971. My other sister, my second sister, she died from canceralso. She died in 1985. One of my nieces, my mother raised her. She lives inTeecnospos. She had breast cancer. She had an operation, too, in 1994." Marie's brother, Herbert, died from uranium-related illness, she said. "Now my oldest daughter, I believe it was two years ago, was told she hadthe cancer also. She had an operation. Her uterus also, just like mine." James said he has spent years taking his wife to doctors and medicine men. Hedoes not believe the $50,000 compensation payment is enough because it won'teven touch some of the medical bills. "They should have at least $200,000, but even then it would not be sufficient.I consider my life worth more than that," he said. "But it would be just a token of appreciation on the part of the U.S. governmentto compensate these people. The United States government did a lot of damageto these people," he said. Weekend March 20, 2004 Selected Stories: New police chief Sylvester Stanley sworn in Bootleg CDs put Gallup man on centerstage 4 die in rez traffic wrecks Records needed for compensation for uranium illnesses BIA to take back Kayenta school RECA advocate has tribal help for trip to D.C. Gallup teacher earns Golden Apple Deaths | Home | Daily News | Archive | Subscribe | Please send the Gallup Independent feedback on this website and the paper in general. All contents property of the Gallup Independent. Any duplication or republication requires consent of the Gallup Independent. Send questions or comments to gallpind@cia-g.com [gallpind@cia-g.com] ***************************************************************** 31 NRC: NRC Reorganizes Office to Give Added Focus to High-Level Radioactive Waste Programs 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. 04-035 March 24, 2004 Division of High-Level Waste Repository Safety in its Office of Nuclear Material Safety and Safeguards. This will enable the NRC to enhance its focus on major high-level radioactive waste programs and issues, and conduct a comprehensive licensing program for the proposed high-level waste disposal facility at Yucca Mountain, Nevada. The Department of Energy is scheduled to submit an application to the NRC in December for a license to construct and operate the repository. The Director of the new Division is C. William Reamer, previously Deputy Director of the Division of Waste Management, which prior to the reorganization handled all waste management activities for the Office of Nuclear Material Safety and Safeguards. John T. Greeves, previously Director of the Division of Waste Management, now leads a new Division of Waste Management and Environmental Protection, which will plan, manage and implement programs related to the decommissioning of sites, management of low-level radioactive waste activities, and conduct of environmental reviews. The changes are expected to improve organizational effectiveness and efficiency and focus attention and resources on the major program areas of high-level waste, decommissioning, environmental protection and low-level waste. The reorganization was effective on March 22. Last revised Wednesday, March 24, 2004 ***************************************************************** 32 Las Vegas RJ: WITHDRAWAL REQUESTS: Water plan objections challenged Wednesday, March 24, 2004 SNWA attorney questionsU.S. parks official's opposition By SEAN WHALEY REVIEW-JOURNAL CAPITAL BUREAU CARSON CITY -- A Southern Nevada Water Authority attorney Tuesday asked the National Park Service why it protests applications for groundwater for Las Vegas residents but raised no objection to groundwater for a nuclear waste repository at Yucca Mountain. The park service also was asked why it has not analyzed the potential effects of the groundwater withdrawal requests by the water authority in the 15 years the applications have been on file with the state. The questions were posed by Paul Taggart, an attorney hired by the water agency, which seeks approval for the withdrawal of 17,000 acre-feet of groundwater annually in two valleys in Clark and Lincoln counties to satisfy the demand for a growing Las Vegas. "I guess I'm wondering why is it that you wouldn't be concerned about the pumping in the (Nevada) Test Site at Yucca Mountain yet you are concerned about the pumping in this application," Taggart asked. Chuck Pettee, chief of the water rights branch for the National Park Service, said the agency had reached agreement with the U.S. Department of Energy on how to monitor and deal with water flows at important park sites if the groundwater pumping for Yucca Mountain affected water levels. As a result, the agency did not protest at a hearing last year on the Energy Department's request for 430 acre-feet of water for the Yucca Mountain project, he said. State Engineer Hugh Ricci in November denied the DOE's request for the water. But Taggart said no firm agreement was in place before the park service decided not to protest the Energy Department application. Yet the agency, concerned about water levels at Devil's Hole in Nye County, home to a rare pupfish, has protested the requests for groundwater by the water agency, he said. The applications were originally filed by the Las Vegas Valley Water District in 1989. Taggart asked why a good faith commitment with another federal agency was acceptable, but that a similar arrangement is not OK for the water authority groundwater applications. "It could be good enough," Pettee said. "We're always willing to discuss things." The exchange occurred in the second day of a weeklong hearing on seven water authority applications seeking the groundwater from the Three Lakes and Tikaboo valleys in northwestern Clark and southwestern Lincoln counties. In response to Taggart's question about an analysis of the authority's applications, Pettee said there have been studies of the Death Valley groundwater flow system. Water levels have been monitored at Devil's Hole in cooperation with other agencies, he said. But the park service wants thorough studies of all of the groundwater flow systems in the region before pumping could be approved for the water agency. "There has to be a level of technical confidence sufficient so that if water is committed to a permanent use, that there will be a strong likelihood that it will never have to be recalled," Pettee said. Some groundwater pumping by the water district would be needed to study whether the full request for pumping would affect Devil's Hole and other park sites, he said. A number of agencies, groups and officials have protested the applications. The water authority will present its case after the conclusion of testimony from those protesting the requests. Ricci will issue a ruling on the requests later in the year. Copyright Las Vegas Review-Journal ***************************************************************** 33 Las Vegas SUN: Nuke waste adds to rail security concerns Yucca critics cite possible vulnerability By Suzanne Struglinski WASHINGTON -- As Spain continues to mourn for the 190 people killed in the terrorist train bombings of March 11, U.S. government and railroad officials said Tuesday that their nation's passenger and freight rail lines need security improvements. They did not address the potential for increases in nuclear waste shipments on the rails. The Energy Department has not decided how it would ship 77,000 tons of nuclear waste to Yucca Mountain, 90 miles northwest of Las Vegas, so the Federal Railroad Administration cannot officially say how it will handle security. It was also immediately unclear how nuclear waste fits into overall rail security assessments. If the department chooses to ship the waste mostly via rail, a new line would be built in Nevada, but the department outlined potential routes in February 2002 that would use existing freight rail lines to bring waste concentrated mainly east of the Mississippi River to Nevada. Specific rail routes have not been named but are among the nationwide systems that need a security evaluation and possible improvements, especially on tunnels and bridges, based on comments at a Senate Commerce Committee hearing Tuesday. "In a lot of ways, our nation's rail infrastructure is probably as vulnerable today as it was prior to 9-11," said Sen. Tom Carper, D-Del. The General Accounting Office said the responsibilities for freight shipments are still not clear between the Transportation Department and the Transportation Security Administration, which could lead to duplication or gaps in preparations. Sen. Barbara Boxer, D-Calif., said "We've learned from the aviation attacks that if you're not ready the results can be devastating, and now we've seen the tragedy that can come from attacks on rail. "There are so many targets of opportunity here," she said. The attacks in Spain earlier this month spurred Senate questions about railroad security similar to the questions that state officials and critics of the Yucca Mountain project have been asking for years about the plans to move nuclear waste across the country to Nevada. The nuclear industry and Energy Department maintain the shipments can be done safely. Without specifically addressing the potential nuclear aspects, the Homeland Security Department, the Federal Railroad Administration and the Association of American Railroad on Tuesday outlined what security goals have been accomplished but said there is still work that needs to be done. Committee Chairman John McCain, R-Ariz., aims to look at a bill introduced in wake of the Madrid attack by the committee's top Democrat, Ernest Hollings, D-S.C., and 12 other senators, that would earmark $515 million in security grants for rail lines. The plans would be determined by a Homeland Security Department assessment of how to protect infrastructure, tunnels, bridges and other at-risk areas. Sen. John Ensign, R-Nev., who sits on the Commerce Committee but was not at Tuesday's hearing, is still reviewing the legislation, spokesman Jack Finn said. Sen. Harry Reid, D-Nev., also has not yet taken a position on the bill. Asa Hutchinson, undersecretary for border and transportation security, said "obviously we would never guarantee" that U.S. trains are safe from attack, but he said there are no specific threats against trains at this time. Boxer asked Hutchinson about the security and the number of shipments that would move nuclear waste to Yucca Mountain. "I am familiar with it (Yucca Mountain), but don't know that level of detail," Hutchinson said. After the hearing he said he could not comment on the project's security risks. It was unclear if nuclear waste transport to Yucca would be considered in a current study of the nation's freight rail infrastructure. Calls to Hutchinson's office were not returned. Rep. Shelley Berkley, D-Nev., introduced a bill last year that calls for a comprehensive study on the risks of transporting high-level nuclear waste to Yucca Mountain by train, truck or barge. Reps. Jim Gibbons, R-Nev., Jon Porter, R-Nev., and four other House members have co-sponsored the bill, but no further action has taken place. Energy Department spokesman Joe Davis said the agency follows regulations set by the Department of Transportation and Nuclear Regulatory Commission on the shipment of spent nuclear fuel but will consult the Homeland Security Department when it plans the fuel shipments in five years. Yucca critics say it creates an inviting scenario for terrorists while the nuclear industry believes more appealing targets exist and points to numerous successful shipments with little incident. "The shipments right now are not attractive targets to attackers," said Bob Halstead, the state's transportation consultant on the project. "But once daily shipments start going to one location, on a highly predictable route, it becomes a target situation." Nevada filed a petition in June 1999 with the Nuclear Regulatory Commission asking for it to update its security rules for moving nuclear fuel based on terrorism concerns, Halstead said. The petition is still pending at the commission, a spokeswoman said, but classified improvements have been made to security plans. "It's never been taken seriously," Halstead said. "We've been worrying about this for a long time. Take the Madrid rail incident as a wake-up call, if you need a wake-up call.' But John Vincent, senior project manager for Waste Management at the Nuclear Energy Institute, said the Madrid tragedy is not a fair comparison since a passenger train is easier to access by the public. A nuclear waste shipment has controlled access, from the people on the train to the schedule. Vincent said computer models allow for "thousands of tests" for the casks, or containers, used to move the waste, and there have been improvements in what casks can withstand over the last five years. He said the best scenario is that "dedicated trains" would ship the waste since only a few cars would hold it. The Energy Department, however, has not decided whether waste will be shipped by trains moving only spent nuclear fuel or among cars on trains transporting anything toward Nevada. An attack on a transportation cask would actually provide the "reverse" effect of what happened in Madrid, Vincent said, since "there would be no immediate deaths, no sensationalism, the casks are robust by design." "They (the terrorists) will probably try to find another target that will do what they want to do," Vincent said. The most explosive tests on the casks broke a uranium pellet inside a shipping case and caused 28 grams of material to come out. Vincent said in this rare case, the material is too heavy to be airborne and would be able to be contained and not cause any long-term problems. ***************************************************************** 34 Las Vegas SUN: New Yucca legal firm is named By Suzanne Struglinski WASHINGTON -- International law firm Hunton &Williams will replace Winston &Strawn as the Energy Department's legal counsel for the Yucca Mountain project, the department announced today. Hunton &Williams will represent the department before the Nuclear Regulatory Commission during hearings on its license application for the proposed nuclear waste storage site at Yucca, 90 miles northwest of Las Vegas. The contract has a limit of $45 million for five years, department spokesman Joe Davis said via e-mail, but the actual amount paid will depend on the amount of work performed. The department had a $16.5 million contract with Winston &Strawn to review the project, but the firm quit in 2001 after conflict-of-interest allegations surfaced. The law firm of LeBoeuf, Greene and MacRae, which lost the contract bid, filed a lawsuit in 2002 saying Winston had a conflict of interest because it had done prior work for a Yucca contractor. A Las Vegas Sun investigation uncovered that the firm had done lobbying for the Nuclear Energy Institute. Federal law requires an unbiased review. The U.S. Court of Appeals sent the case back to district court late last year, saying the department did not adequately prove it ruled out conflict-of-interest problems with Winston. According to court documents filed today, LeBoeuf and the department reached a settlement for $4.5 million and LeBoeuf received a letter from the general counsel's office saying the department did not purposely leave the firm out of the bidding process. The settlement means Winston &Strawn's previous work for the Energy Department will not have to be redone, a prospect that could have set the project back years. Davis said that when Winston worked on the project from October 1999 until November 2001, the Energy Secretary had not made a recommendation on the site and Congress had not voted on the project. "We are at a very different point in the process now," Davis said. " We are now getting ready to file a license application with the NRC. DOE and its contractors are carefully and prudently re-examining everything done previously in the course of preparing for the licensing applications. That holds true for legal work at well if it is going to be used in the licensing process." Nevada's legal team said that a review of Winston &Strawn's work should still be done. "In order to be effective in representing DOE in a licensing hearing, they are going to have to go back and look at work that's been done," said Bob Loux, executive director of the Nevada Agency for Nuclear Projects. "This doesn't get them all the way back on track. There is still a long way to go." ***************************************************************** 35 ABQjournal: N.M. Seeks Role in Uranium Plant Decision March 23, 2004 The Associated Press SANTA FE — The state Environment Department on Tuesday asked the U.S. Nuclear Regulatory Commission for permission to intervene in a license application for a proposed uranium enrichment plant near Eunice in southeastern New Mexico. The state also requested that the NRC hold a public hearing on the proposed Louisiana Energy Services plant, which the NRC would have to license before it could operate. If the commission grants the state's petition, it would give New Mexico legal standing in hearings on the plant and the right to raise issues and cross-examine witnesses. An LES spokesman could not immediately be reached for comment Tuesday. The state has raised questions about waste storage, waste classification and health and safety. "This level of involvement will help clarify issues important to the state and its citizens including the future disposition of all waste products," Environment Secretary Ron Curry said. The NRC in January accepted the company's application, the first step in a comprehensive review of the proposed $1.2 billion factory, which would enrich uranium for commercial nuclear-powered electrical generating stations. Supporters have said the proposed factory, five miles east of Eunice, would bring badly needed jobs to southeastern New Mexico. Opponents contend the plant, blocked earlier in Tennessee and Louisiana, is an unneeded, water-hogging boondoggle that would generate nuclear waste with no place to go. Gov. Bill Richardson indicated last month he might withdraw his support for the enrichment plant unless he sees action to address concerns about final disposal of the waste it would generate. Uranium processing generates a type of waste that cannot be dumped legally anywhere in the United States. Such waste requires processing to convert it before it can be shipped to a low-level nuclear waste dump, but no U.S. facility can do that. Waste disposal is one issue the Environment Department raised in petitioning the NRC. The state called unacceptable LES's request for permission to store uranium hexafluoride throughout the facility's expected 30-year life. "To prevent the possible creation of a legacy stockpile, the state would prefer that the waste be moved out of New Mexico in a regular, timely fashion," the filing said. Marshall Cohen, LES vice president for communications and government relations, has said the NRC application requires storage for the life of the plant. He said LES supports Richardson's goal of not disposing of waste in New Mexico and is working with another company that would build a waste conversion facility. LES's application also says it may classify its waste as resource material rather than waste. The state said all uranium hexafluoride should be categorized as waste to make sure it is disposed of outside New Mexico in a timely way. The Environment Department also said the company's $1.5 billion financial assurance for waste disposal and eventual decommissioning of the plant is inadequate. Its review found cost estimates for disposal alone ranging from $1.9 billion to $7.2 billion. The department also said the application lacks sufficient information about health and safety, including calculation information on radiation doses. Copyright Albuquerque Journal ***************************************************************** 36 PR Newswire: LES Confident NMED Licensing Concerns Will Be Resolved Press Release Source: Louisiana Energy Services Tuesday March 23, 9:16 pm ET ALBUQUERQUE, N.M., March 23 /PRNewswire/ -- Concerns raised by the New Mexico Environmental Department (NMED) to the Nuclear Regulatory Commission (NRC) for intervener status will be fully resolved and the National Enrichment Facility (NEF) will be licensed with full protections for New Mexico according to Louisiana Energy Services (LES) President Jim Ferland in a statement released tonight. In the statement Ferland said, "The State of New Mexico certainly has every right to be one of the interveners in this process, and we look forward to their participation. We believe the NRC licensing process will address every concern raised by the state." With respect to the four issues raised by NMED in their motion, Ferland said the following: Waste storage and disposal: "Our plans for waste storage and disposal remain exactly the same as we have previously committed: We are actively seeking the establishment of a domestic deconversion facility, and we will not support or use any DOE option for possession of our byproduct without absolute assurances that the byproduct will be taken out of New Mexico. We support the goal of timely removal of the waste from New Mexico. "There is no way this waste can become a 'stockpile of legacy waste,' as NMED has implied. It is our responsibility to develop these solutions and we will. Furthermore, we will not be allowed to leave any radioactive waste on the site." Waste Classification: "As stated in our application LES will notify the NRC in the near term as to the classification of depleted uranium as low-level radioactive waste. We have said consistently that we intend to fulfill our responsibility to ensure that this material is disposed of safely outside of New Mexico, regardless of how the material is classified." Financial Assurance: "Our estimates of decommissioning costs are based on current studies in the United States and actual, proven, incurred costs for deconversion, transportation and disposal of depleted uranium in Europe. Our facility is a model of the enrichment facilities that have done this work in Europe." Health and Safety Requirements: "All of LES' radiation calculations conducted by LES were performed in full compliance with NRC guidelines and regulations. LES is happy to review all of these analyses with NMED, in full detail. We will work through all these issues in complete transparency, and have so committed all along. "LES remains committed to working with the people of New Mexico and State government to assure full resolution of any and all concerns associated with the NEF. When built, the NEF will be a high-technology facility that will contribute significantly to the economy of Lea County and the entire state. We will build a facility that is modeled after uranium enrichment plants that have operated safely for the public and their employees for many years in Europe, the NEF will also contribute to energy independence and security of the United States. We look forward to a continuing an open dialog with NMED on these matters and will certainly continue our complete level of cooperation and information sharing with them, as with all interested parties." When the license application is approved, the NEF will introduce the world's most advanced uranium enrichment technology into the U.S. and provide an alternative, domestic enrichment supply source to U.S. nuclear energy companies. LES is a partnership of major nuclear energy companies. Partners include Urenco, Westinghouse and U.S. energy companies Duke Power, Entergy and Exelon. Source: Louisiana Energy Services ***************************************************************** 37 The Australian: Uranium scare hits mine staff [March 25, 2004] By John Stapleton AUSTRALIA'S most controversial mine, Ranger in Kakadu National Park, was shut down yesterday following a uranium scare affecting 20 staff. The scare occurred after workers coming off the night shift complained the water in the showers was making them itchy. The water was found to contain levels of uranium up to 400 times safe drinking levels. The uranium mine's water systems were shut down and all non-essential staff sent home. Most concern is held for several workers who took prolonged showers. There are also fears some staff may have drunk the water. Ranger is expected to stay shut at least until the weekend. The federal Government's supervising scientist at Ranger, Arthur Johnston, whose field station receives water from the mine, said his staff were at the mine helping owner Energy Resources Australia investigate the incident and were sampling water in surrounding creeks. It is the most serious uranium incident since the spill of 110,000 litres of radioactive waste liquid at Olympic Dam, South Australia, last October. The open-cut Ranger mine, 250km east of Darwin, is bordered by a uranium processing plant. It has been the subject of repeated demonstrations by conservationists. A Senate inquiry last year found regulation of the site to be "flawed, confusing and inadequate". ERA said it had immediately advised the airport and other businesses near Ranger whose water supply is provided by the mine. A spokeswoman for ERA said investigators were still interviewing workers and going over the mine last night in an attempt to understand what happened. She said it was believed that late on Tuesday night a change in the water supply made by one or more night shift workers may have led to the incident but exactly how this happened was still uncertain. Environmental and Aboriginal groups called for urgent government action. The Australian Conservation Foundation said yesterday's incident was the latest in "a history of spills, leaks and breakdowns" at Ranger. "There have been over 100 leaks and spills since the mine commenced operation in 1981," ACF nuclear campaigner Dave Sweeney said. © The Australian ***************************************************************** 38 Elizabethton Star: Enviro groups win, lose in BLEU Project ruling By Thomas Wilson STAR STAFF twilson@starhq.com An administrative law judge for the U.S. Nuclear Regulatory Commission granted federal standing to only one of three petitioners seeking a public hearing about the Blended Low Enriched Uranium (BLEU) Project to be carried out at the Nuclear Fuel Services, Inc. site in Erwin. In a ruling issued Wednesday, NRC Judge Alan S. Rosenthal granted standing to the State of Franklin Group of the Sierra Club but shot down three similar requests made by another environmental group, 16 private citizens and a Carter County property owner. The Sierra Group included fellow environmental organizations the Friends of the Nolichucky River Valley, the Oak Ridge Environmental Peace Alliance, and Tennessee Environmental Council along with Kathy Helms-Hughes, formerly of Butler. The groups filed petitions with the NRC seeking standing to have a public hearing regarding the BLEU Project. Fifteen Northeast Tennessee citizens represented by a Greeneville attorney also filed separate petitions seeking standing for a public hearing. The Blended Low Enriched Uranium Project is a U.S. Department of Energy initiative to convert stockpiles of surplus weapons-grade uranium into a low-enriched uranium for use in nuclear reactors of the Tennessee Valley Authority. The project will bring more than 33 tons of weapons-grade uranium into Erwin for down blending. NRC staff has already approved two of three license amendment requests to the NFS Special Nuclear Materials license. The first license amendment application, approved by NRC in June 2003, grants NFS the ability to store LEU-bearing material in its Uranyl Nitrate Building. The second amendment enables NFS to process approximately half of the BLEU Project's 33 metric tons of surplus highly enriched uranium. A third license amendment, submitted by NFS in October of 2003 seeks authority to construct and operate an Oxide Conversion Building (OCB) and related Effluent Processing Building (EPB), which is currently under review by the NRC. In his order, Rosenthal writes, "it is beyond civil that Sierra has satisfied the area of concern requirement." This is apparent from an examination of the concerns set forth in the February 2, 2004 hearing request addressed to the third (OCB/EPB) license amendment application. In it's hearing request, Sierra said that, for a wide variety of reasons, the NRC Staff has failed to comply with the dictates of the National Environmental Policy Act (NEPA). Rosenthal specifically pointed (id. at 12) to what Sierra had deemed to be a concession in the June 2002 Environmental Assessment that "operation of the BLEU Complex, including the OCB, the EPB, and associated storage tanks, poses significant hazards to human health and the environment." "Manifestly, whether or not ultimately found to be meritorious, Sierra's environmental concerns are germane", Rosenthal writes, and includes "The same may be said of its three specified safety concerns." According to Sierra's hearing request, NFS has failed to demonstrate that it has made adequate arrangements to fund the decommissioning of the OCB and EPB at the end of the facility's life" that it "can and will comply" with certain operational requirements imposed by the Code of Federal Rules; and that it can be counted on to "make complete and accurate reports to the NRC." Rosenthal found Sierra had, in each instance, assigned a reason for the concern in the hearing request. Pertaining to Sierra's petition regarding a potential accident involving highly enriched uranium, Rosenthal writes, "there is little room for serious doubt that, were an accident of the kind postulated in the EA to occur, persons residing within a short distance of the Erwin site might well be threatened with injury." In denying standing for Helms-Hughes, Rosenthal writes the fact that Helms "does not currently reside on her Tennessee property" but rather resides away from the property, "would seem of itself to defeat any claim that the BLEU Project threatens Ms. Helms-Hughes with the injury-in-fact upon which standing must rest." He writes that Helms-Hughes' burden extends to supplying some good reason to believe that, 20 miles away from the site, the emissions might prove harmful rather than referring to the project's environmental assessment. Rosenthal also denied standing to the Blue Ridge Environmental Defense League citing the group's failure to explain why the BLEU Project would harm Blue Ridge members in the Erwin vicinity. Rosenthal writes that it is not readily apparent how it might nonetheless occasion harm to Blue Ridge members in the vicinity of the Erwin site and the hearing request provides no illumination in that respect. Regarding the petition by the 16 citizens, Rosenthal writes, "It appears without contradiction that no chemical processes or reactions would take place in connection with that limited activity and that there would be no discharges of chemical or radiological contaminants into the Nolichucky River. That being so, it seems hardly likely that the employment of the River as a source of drinking water or for recreational activities would be at all adversely impacted." NFS spokesman Tony Treadway said in a statement released Thursday that the company believed Rosenthal "properly ruled" in denying the petitions of most individuals and groups. "The ruling reduces the issues related to the matter and is a step forward," said Treadway. Rosenthal is expected to review written presentations of the BLEU Project submitted by the company and the Sierra Club chapter. Elizabethton Newspapers, Inc. Direct questions or comments to webmaster@starhq.com [webmaster@starhq.com] Elizabethton Newspapers, Inc., 300 Sycamore Street Elizabethton, Tennessee 37643 - 423.542.4151 ***************************************************************** 39 [du-list] IMPORTANT: Mayoral Delegation to the NPT Prepcom, 27-28 April, New York] Date: Wed, 24 Mar 2004 15:51:49 -0800 (apologies for double mailings) Dear Colleagues, Please see the attached letter from Mayor Akiba, President of Mayors for Peace. (And this message from me is attached as a Word.doc in case the email formatting is poor.) Also attached is the Preliminary Report on the Mayoral Delegation that gives the participants' names and titles. The Cities of Alexandria, Egypt; Athens, Greece; Bamako, Mali; Banjul, Gambia; Delhi, India: Dhaka, Bangladesh; Georgetown, Guyana; Glasgow, United Kingdom; Honolulu, USA; Hue, Vietnam; Kurunegala, Sri Lanka; Kyiv, Ukraine; Laakdal, Belgium; Lagos, Nigeria; Lahore, Pakistan; London, United Kingdom; Negombo, Sri Lanka; New York City, USA; Peristeri, Greece; Rawalpindi, Pakistan; Sarajevo, Bosnia and Herzegovina; Tel Aviv, Israel; Ulan Ude, Russia; Viareggio, Italy; and Waitakere, New Zealand will be represented in New York at the NPT Prepcom for at least two days, 27-28 April. We received a great deal of help from many NGOs in pursuing these cities. At the international level, of particular note were IPPNW, Abolition 2000, IPB, INESAP, and ILANA. Thanks again. How was this particular group assembled? Most were personally invited by Mayor Akiba to take part in the delegation. Some heard about the delegation and volunteered to take part. While we are very pleased with the composition of the group, we recognize that many people may very well wonder why this or that city is not involved. I will give a very general answer to that question, since it would be best if we do not get too may inquiries about it. We have our hands full as we prepare all other aspects of the Mayoral Delegation. First you should know that we approached a good number of other cities as well. There are a number of cities where the invitation is still under consideration: Austin, USA; Buenos Aires, Argentina; Chandernagore, India; Cleveland, USA; Como, Italy; The Hague, Netherlands; Hannover, Germany; Helsinki, Finland; Ho Chi Minh, Vietnam; Hong Kong, China; Howrah, India; Kabul, Afghanistan; Kazan, Russia; Mexico City, Mexico; Montreal, Canada; Paris, France; Philadelphia, USA; Rochester, USA; Rio de Janeiro, Brazil; Rosario, Argentina; Tehran, Iran; Toronto, Canada; Turin, Italy; Volgograd, Russia. We will be glad if some of them would get on board the Mayoral Delegation. If you wish to contact them at your own initiative and encourage them to join up please do so. But the Mayors for Peace Secretariat is not coordinating such further efforts. Please do not ask us to. These cities have been informed that the deadline for replying is 29 March. In other cities, for various reasons, the invitation to participate was declined. Those cities were: Atlanta, USA; Bangkok, Thailand; Barcelona, Spain; Beijing, China; Berlin, Germany; Brussels, Belgium; Cairo, Egypt; Calcutta, India; Chicago, USA; Chongqing, China; Christchurch, New Zealand; Daegu, Korea; Dresden, Germany; Dublin, Ireland; Jakarta, Indonesia; Jersey City, USA; Kuala Lumpur, Malaysia; Los Angeles, USA; Manchester, UK; Moscow, Russia; Muntinlupa, Philippine; New Haven, USA; Oakland, USA; Rome, Italy; San Francisco, USA; Sao Paulo, Brazil; Seattle, USA; Shanghai, China; Singapore, Singapore; St. Petersburg, Russia; Vienna, Austria; Bangalore, India; Melbourne, Australia; Sydney, Australia. Our objective with these cities now is to involve them in other aspects of the Campaign, with the aim of having them represented at the highest possible level in May 2005 at the NPT Review Conference. (Please do not ask us now about the particular history of a city. There will be time to go over that after the Prepcom.) If your city is not on any of these lists, please do not feel offended in any way. There was a practical limit to how many invitations we could properly handle. So there were bound to be oversights and omissions. Mayors for Peace will not be taking any further initiative to reach out to more cities. If you think the Mayor of your city would be very interested in joining the Mayoral Delegation, then by all means check if he/she is able and willing. If the answer is a definite YES, let us know. (Please, no MAYBEs!) Mayor Akiba can then send an invitation to formalize his/her participation. However, we cannot guarantee that the Mayor will be able to stay in the same hotel as the other delegates. Nor can we do more than the very basics to help with visa matters - it may be too late. As mentioned, this is not the final form of the Mayoral Delegation, most probably there will be subtractions and hopefully there will be additions. The public announcement of the Mayoral Delegation will be made on the week of April 12th. We will ask all the participating cities to put out press releases or hold press conferences. If your city is on broad you could offer to help out on this occasion. Contact the Mayor's Office, not us! This time around, because it was a completely new type of activity for Mayors for Peace and because it was by special invitation, the recruitment process had to be handled with a degree of confidentiality. In 2005, Mayors for Peace will issue a general appeal for Mayors to come to New York for the NPT Review Conference and associated events. The recruitment process will be fully transparent and open to all who wish to contribute to its success. We are looking forward to working with you. For those of you who will be at the Prepcom, there will be several opportunities to meet the delegates. We will see you there. (There schedule is already very full, please do not seek additional appointments.) For those who cannot make to New York this time, there is always 2005! But wherever you are or will be, cultivate your relationship with City Hall and your Mayor. There is lots of important work to be done. Regards, Aaron Aaron Tovish Campaign Manager Mayors for Peace Hiroshima ------------------------ Yahoo! Groups Sponsor ---------------------~--> Buy Ink Cartridges or Refill Kits for your HP, Epson, Canon or Lexmark Printer at MyInks.com. Free s/h on orders $50 or more to the US & Canada. http://www.c1tracking.com/l.asp?cid=5511 http://us.click.yahoo.com/mOAaAA/3exGAA/qnsNAA/FGYolB/TM ---------------------------------------------------------------------~-> To unsubscribe from this groups send a message to du-list-unsubscribe@yahoogroups.com. In the body of the message type unsubscribe and send. Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/du-list/ <*> To unsubscribe from this group, send an email to: du-list-unsubscribe@yahoogroups.com <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/ Content-Type: application/msword; name="Participants March 19.doc" Content-Disposition: attachment; filename="Participants March " 19.doc" Attachment Converted: "c:\program files\eudora\attach\untitled-1.2" Attachment Converted: "c:\program files\eudora\attach\NGO-Email.doc" ***************************************************************** 40 DOE: Worker's Comp guidelines FR Doc 04-6555 [Federal Register: March 24, 2004 (Volume 69, Number 57)] [Rules and Regulations] [Page 13709-13712] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr24mr04-1] Rules and Regulations Federal Register This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. [[Page 13709]] DEPARTMENT OF ENERGY 10 CFR Part 852 RIN 1901-AB13 Guidelines for Physician Panel Determinations on Worker Requests for Assistance in Filing for State Worker's Compensation Benefits; Procedural Amendments AGENCY: Department of Energy. ACTION: Interim final rule; request for comment. SUMMARY: In order to expedite the handling of applications submitted by contractor employees or their survivors to the Department of Energy (DOE) Office of Worker Advocacy for assistance in pursuing workers' compensation under State law for illness or death arising from exposure to toxic substances at a DOE workplace, DOE today publishes and makes immediately effective certain procedural amendments. Today's procedural amendments will help streamline the processing of applications submitted to DOE under part D of the Energy Employees Occupational Illness Compensation Program Act of 2000 (``EEOICPA''). The amendments reduce from three to one the minimum number of physicians required for an affirmative physician panel determination in most instances. To ensure that the procedural amendments in today's rule accomplish their purpose, DOE invites public comment on today's rule. DATES: Effective Date: March 24, 2004. Comment Date: Comments are due April 23, 2004. ADDRESSES: You may submit comments, identified by RIN 1901-AB13, by any of the following methods: Electronic comments may be submitted at the Federal eRulemaking Portal: http://www.regulations.gov [http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leaving FR.html&log=linklog&to=http://www.regulations.gov] . E-mail comments may be submitted to: Judy.Keating@eh.doe.gov [Judy.Keating@eh.doe.gov] . Comments may be mailed to: Judy Keating, Room 6B-128, U.S. Department of Energy, Office of Worker Advocacy, EH-8, 1000 Independence Avenue, SW., Washington, DC 20585. FOR FURTHER INFORMATION CONTACT: Judy Keating, U.S. Department of Energy, Office of Worker Advocacy, EH-8, 1000 Independence Avenue, SW., Washington, DC 20585, (202) 586-7551, e-mail address: Judy.Keating@eh.doe.gov [ Judy.Keating@eh.doe.gov] . SUPPLEMENTARY INFORMATION: I. Background On August 14, 2002, DOE published a final rule implementing part D of the Energy Employees Occupational Illness Compensation Program Act of 2000 (``the Act'') (42 U.S.C. 7384, et seq.), Guidelines for Physician Panel Determinations on Worker Requests for Assistance in Filing for State Workers' Compensation Benefits, 67 FR 52841. The rule, codified at 10 CFR part 852, sets forth procedures under which a DOE contractor employee or an employee's estate or survivor may seek assistance from the DOE Office of Worker Advocacy (``Program Office'') in filing a claim with the appropriate State workers' compensation system based on an illness or death that arose out of exposure to a toxic substance during the course of employment at a DOE facility. The rule also establishes the internal procedures to be followed by DOE in processing and considering an application for assistance. DOE has received more than 20,000 applications for assistance under Part D of the Act. The Program Office conducts an initial screening of the applications to identify applications that are not eligible for assistance. An application must contain reasonable evidence that the following three conditions are met. First, the application was filed by or on behalf of a DOE contractor employee or the employee's estate or survivor. Second, the illness or death of the DOE contractor employee may have been caused by exposure to a toxic substance. Third, the illness or death may have been related to employment at a DOE facility. (See 67 FR at 52842-43, 52845). Applications that pass the initial screening process are then submitted to a case development and document acquisition process whereby documents within DOE's control and relevant to the application are acquired from DOE's facilities and contractors, the files are organized, and a case summary is prepared. The complete application package is then presented to a Physician Panel for review. Pursuant to the terms of DOE's regulations, the Physician Panel reviews the package and determines whether the illness or death arose out of and in the course of employment by a DOE contractor and exposure to a toxic substance at a DOE facility. The Physician Panel determination is then forwarded to the Program Office. Under DOE's regulations issued in August 2002, a Physician Panel is composed of three physicians appointed by the Secretary of Health and Human Services (``HHS''). The physicians are compensated at a rate not exceeding the cap established by law in 42 U.S.C. 7385o(d)(2)(B). Moreover, the Act requires that Physician Panel members have occupational medicine experience and competency in diagnosing occupational illnesses. (42 U.S.C. 7385o(d)(2)(A)). Only a small percentage of licensed physicians have the experience and competency in diagnosing occupational illnesses necessary to be qualified by HHS. While HHS has qualified over 150 physicians, participation on panels by qualified physicians is limited by the physicians' other professional obligations and a reluctance to devote time to this program for a number of reasons, including the compensation rate cap established by the Act (42 U.S.C. 7385o(d)(2)(B)). The Physician Panels' review process is labor intensive; each physician is required to review all materials relating to the application. All panel members meet in conference, in person or by teleconference, in order to discuss the application and arrive at a determination agreed to by a majority of the members of the panel. Today's rule permits a Physician Panel to be composed of a single qualified physician. Permitting single-physician panels will have the immediate effect of increasing the number of panels available to review completed applications. Single-physician panels will also simplify logistics by largely eliminating the time expended in coordinating and attending conferences, teleconferences, or meetings (though any panel physician is still free to consult with other appointed [[Page 13710]] physicians, Office of Worker Advocacy physicians, or other competent health care professionals, in accordance with DOE's regulations, to discuss assigned applications). Today's rule also requires that negative determinations issued by a single-physician panel be reviewed independently by an additional single-physician panel. If the second single-physician panel issues a negative opinion, the Program Office accepts the two negative results. If the second single-physician panel issues a positive opinion, the case is reviewed independently by a third single-physician panel. The Program Office accepts the opinion of the majority of the three single- physician panels. Reexamination of an initial single-physician panel negative opinion assures that no application will receive a final negative determination based on the opinion of a single physician. DOE believes the use of single-physician panels coupled with a reexamination of single-physician panel negative determinations by additional single-physician panels will significantly increase the number of applications that can be reviewed by panels in a given time frame, while at the same time ensuring that this procedural change does not disadvantage applicants. Moreover, in DOE's experience, the usual time frame for providing a panel determination has been less than 20 days from the time of receipt by the panel. In less frequent cases, the rule would allow for the panels to request more time. Today's rule amends Sec. 852.13 to shorten the time permitted for a Physician Panel to make a determination and to submit the determination to the Program Office. DOE believes that the increased efficiencies of a single-physician panel will permit a more expeditious review of the application. Today's rule will apply to all applications processed under part D of the EEOICPA. Cases that are presently being reviewed by three- physician panels will proceed to a determination by the panels as assigned. Cases assigned after the effective date of this rule will be assigned to single-physician panels or three-physician as determined by the Program Office. II. Section by Section Analysis The definition of ``Physician Panel'' is revised to permit a single physician to constitute a ``panel'' for the purpose of determining whether a death or illness arose out of and in the course of employment by a DOE contractor and exposure to a toxic substance at a DOE facility under Sec. 852.8. Previously, ``Physician Panel'' was defined as ``a group of three physicians. * * *'' This formulation proved to be burdensome, too resource-intensive and unnecessary for a thorough review of applications for assistance. Analyzing an application for assistance and issuing a determination under Sec. 852.8 can be performed efficiently and thoroughly by a single physician. The definition adopted today preserves DOE's discretion to convene three- physician panels. Nevertheless, DOE contemplates that a single- physician panel will be used in most instances in order to expedite processing of the applications. DOE also has modified the definition of ``Physician Panel'' so that it more accurately describes the functions of such panels. Section 852.16 is amended by adding two new paragraphs (a) and (b) that read as follows. ``(a) If a panel composed of a single physician issues a negative determination, the negative determination is considered an initial opinion and the Program Office must direct an additional single-physician panel to review the application and issue an independent opinion. If the second single-physician panel issues a negative determination, the Program Offices considers the opinions as a negative determination by the Physician Panel for purposes of Sec. 852.17(a) of this part. (b) If a second single-physician panel issues a positive opinion, the Program Office must direct an additional single- physician panel to review the application and issue an independent opinion. The Program Office reviews the three opinions and considers the majority of the three opinions as the determination by the Physician Panel for purposes of Sec. 852.17(a) of this part.'' The independent reviews must occur before the Program Office can accept a negative determination under Sec. 852.17. The entire text of the original Sec. 852.16 is unchanged, but has been redesignated as paragraph (c). Section 852.11(b) is amended by adding the phrase, ``If a Physician Panel has more than one physician,'' to recognize that this paragraph does not apply to a panel composed of a single physician. The rule continues to allow Physician Panels to be composed of more than one physician. DOE thus would retain the discretion to use multi-physician panels should it decide do so. DOE might determine that particular groups of applications or applications presenting a particular type of alleged illness were appropriate for multi-physician panels. Or experience might demonstrate that in certain circumstances single- physician panels were less efficient than three-physician panels. The rule preserves DOE's ability to use single-physician and multi- physician panels in the most efficient, most fair way, based on DOE's experience as this program progresses. If DOE uses panels composed of more than one physician, the panels will continue to be required to meet, discuss the application, and arrive at a determination agreed to by a majority. However, a negative determination by panels composed of more than one physician would not automatically be submitted for review by additional physicians, as will be done with negative determinations by panels composed of only one physician. Section 852.13 sets a limit on the time that may elapse between the submission of the completed application to the Physician Panel and the submission of the panel's determination to the Program Office. Today's rule adjusts the time for this action from 30 working days to 20 working days. III. Regulatory Review A. Review under Executive Order 12866 This regulatory action has been determined to be a ``significant regulatory action'' under Executive Order 12866, Regulatory Planning and Review. See 58 FR 51735 (October 4, 1993). Accordingly, today's action was subject to review under the Executive Order by the Office of Information and Regulatory Affairs (OIRA) of the Office of Management and Budget. B. Review Under the Paperwork Reduction Act No new information collection requirements subject to the Paperwork Reduction Act, 44 U.S.C. 501 et seq. are imposed by today's regulatory action. C. Review Under Executive Order 13132 Executive Order 13132, ``Federalism'' (64 FR 43255, August 4, 1999), imposes certain requirements on agencies formulating and implementing policies or regulations that preempt State law or that have federalism implications. Agencies are required to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and carefully assess the necessity for such actions. The Executive Order also requires agencies to have an accountable process to ensure meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications. On March 14, 2000, DOE published a statement of policy [[Page 13711]] describing the intergovernmental consultation process it will follow in the development of such regulations (65 FR 13735). DOE has examined today's rule and has determined that it does not preempt State law and does not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. No further action is required by Executive Order 13132. D. Review Under the National Environmental Policy Act DOE has concluded that today's rule falls into a class of actions that would not individually or cumulatively have a significant impact on the human environment, as determined by DOE's regulations implementing the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). Specifically, today's amendment to the Physician Panel procedures is covered under the Categorical Exclusion for rulemakings that are strictly procedural in paragraph A6 of appendix A to subpart D, 10 CFR part 1021. Accordingly, neither an environmental assessment nor an environmental impact statement is required. E. Review Under the Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995 requires each agency to prepare a written assessment of the effects of any Federal mandate in a proposed or final rule that may result in the expenditure by State, local, and tribal governments and the private sector, of $100 million in any single year. DOE has determined that today's regulatory action does not impose a Federal mandate on State, local, or tribal governments or on the private sector. F. Review Under the Regulatory Flexibility Act The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., directs agencies to prepare a regulatory flexibility analysis whenever an agency is required to publish a general notice of proposed rulemaking for a rule. DOE has determined that today's rule is procedural and is not subject to prior notice and opportunity for public comment. In accordance with 5 U.S.C. 604(a), no regulatory flexibility analysis has been prepared for today's rule. G. Review Under Executive Order 12988 With respect to the review of existing regulations and the promulgation of new regulations, section 3(a) of Executive Order 12988, ``Civil Justice Reform'' (61 FR 4729, February 7, 1996), imposes on Federal agencies the general duty to adhere to the following requirements: (1) Eliminate drafting errors and ambiguity; (2) write regulations to minimize litigation; and (3) provide a clear legal standard for affected conduct rather than a general standard and promote simplification and burden reduction. Section 3(b) of Executive Order 12988 specifically requires that Executive agencies make every reasonable effort to ensure that the regulation: (1) Clearly specifies the preemptive effect, if any; (2) clearly specifies any effect on existing Federal law or regulation; (3) provides a clear legal standard for affected conduct while promoting simplification and burden reduction; (4) specifies the retroactive effect, if any; (5) adequately defines key terms; and (6) addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. Section 3(c) of Executive Order 12988 requires Executive agencies to review regulations in light of applicable standards in section 3(a) and section 3(b) to determine whether they are met or it is unreasonable to meet one or more of them. DOE has completed the required review and determined that, to the extent permitted by law, this rule meets the relevant standards of Executive Order 12988. H. Review Under the Treasury and General Government Appropriations Act, 1999 Section 654 of the Treasury and General Government Appropriations Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family Policymaking Assessment for any rule that may affect family well-being. This rule would not have any impact on the autonomy or integrity of the family as an institution. Accordingly, DOE has concluded that it is not necessary to prepare a Family Policymaking Assessment. I. Review Under the Treasury and General Government Appropriations Act, 2001 The Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516, note) provides for agencies to review most disseminations of information to the public under guidelines established by each agency pursuant to general guidelines issued by OMB. OMB's guidelines were published at 67 FR 8452 (February 22, 2002), and DOE's guidelines were published at 67 FR 62446 (October 7, 2002). DOE has reviewed today's notice under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines. J. Review Under Executive Order 13211 Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001), requires Federal agencies to prepare and submit to OIRA, a Statement of Energy Effects for any proposed significant energy action. A ``significant energy action'' is defined as any action by an agency that promulgated or is expected to lead to promulgation of a final rule, and that: (1) Is a significant regulatory action under Executive Order 12866, or any successor order; and (2) is likely to have a significant adverse effect on the supply, distribution, or use of energy, or (3) is designated by the Administrator of OIRA as a significant energy action. For any proposed significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use should the proposal be implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use. Today's regulatory action is not a significant energy action. Accordingly, DOE has not prepared a Statement of Energy Effects. K. Congressional Notification As required by 5 U.S.C. 801, DOE will submit to Congress a report regarding the issuance of today's rule. The report will state that it has been determined that the rule is not a ``major rule'' as defined by 5 U.S.C. 804(2). List of Subjects in 10 CFR Part 852 Administrative practice and procedure, Government contracts, Hazardous substances, Workers' compensation. Issued in Washington, DC, on March 17, 2004. Robert G. Card, Under Secretary for Energy, Science and Environment. 0 For the reasons set forth in the preamble, 10 CFR part 852 is amended as follows: PART 852--GUIDELINES FOR PHYSICIAN PANEL DETERMINATIONS ON WORKER REQUESTS FOR ASSISTANCE IN FILING FOR STATE WORKER'S COMPENSATION BENEFITS 0 1. The authority citation for part 852 continues to read as follows: [[Page 13712]] Authority: 42 U.S.C. 7384, et seq.; 42 U.S.C. 2201 and 7101, et seq.; 50 U.S.C. 2401 et seq. 0 2. Section 852.2 is amended by revising the definition of the term ``Physician Panel'' to read as follows: Sec. 852.2 What are the definitions of terms used in this part? * * * * * Physician panel means one or more physicians (as determined by the Program Office), who are appointed by the Secretary of Health and Human Services, pursuant to part D of the Act, to evaluate applications of DOE contractor employees, under the procedures and requirements of this part. * * * * * 0 3. Section 852.11 is amended by revising paragraph (b) as follows: Sec. 852.11 How is a Physician Panel to carry out its deliberations and arrive at a determination? * * * * * (b) If a Physician Panel has more than one physician, all panel members meet in conference, in person, or by teleconference in order to discuss the application and arrive at a determination agreed to by a majority of the members of the Physician Panel. * * * * * 0 4. Section 852.13 is amended by revising paragraph (a) as follows: Sec. 852.13 When must a Physician Panel issue its determination? (a) A Physician Panel must submit its determination and findings to the Program Office within 20 working days of the time that panel member(s) have received the complete application for review from the Program Office. * * * * * 0 5. Section 852.16 is revised to read as follows: Sec. 852.16 When may the Program Office ask a Physician Panel to reexamine an application that has undergone prior Physician Panel review? (a) If a panel composed of a single physician issues a negative determination, the negative determination is considered an initial opinion and the Program Office must direct an additional single- physician panel to review the application and issue an independent opinion. If the second single-physician panel issues a negative determination, the Program Offices considers the opinions as a negative determination by the Physician Panel for purposes of Sec. 852.17(a) of this part. (b) If a second single-physician panel issues a positive opinion, the Program Office must direct an additional single-physician panel to review the application and issue an independent opinion. The Program Office reviews the three opinions and considers the majority of the three opinions as the determination by the Physician Panel for purposes of Sec. 852.17(a) of this part. (c) The Program Office may direct the original Physician Panel or a different Physician Panel to reexamine an application that has undergone prior Physician Panel review if: (1) There is significant evidence contrary to the panel determination; (2) The Program Office obtains new information the consideration of which would be reasonably likely to result in a different determination; (3) The Program Office becomes aware of a real or potential conflict of interest of a member of the original panel in relation to the application under review; or (4) Reexamination is necessary to ensure consistency among panels. [FR Doc. 04-6555 Filed 3-23-04; 8:45 am] BILLING CODE 6450-01-P ***************************************************************** 41 DOE: Notice of Availability of Solicitation FR Doc 04-6556 [Federal Register: March 24, 2004 (Volume 69, Number 57)] [Notices] [Page 13825-13826] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr24mr04-45] AGENCY: NNSA Service Center, Department of Energy. ACTION: Notice of availability of solicitation--Energy Density and Laser-Matter Interaction Studies. SUMMARY: The National Nuclear Security Administration (NNSA) Service Center, Albuquerque, NM, plans to conduct a technically competitive solicitation via electronic means for [[Page 13826]] basic research experiments in laser matter interaction studies at the National Laser User's Facility (NLUF) located at the University of Rochester Laboratory for Laser Energetics (UR/LLE). Universities or other higher education institutions, private sector not-for-profit organizations, and industry are invited to submit grant applications. The total amount of funding (project cost) is expected to be $1,000,000 for each Fiscal Years 2005 and 2006. Multiple awards are anticipated within the amount of funding available. DATES: The solicitation will be available on IIPS on or about April 12, 2004. The solicitation number for this action is DE-SC52-04NA25436. FOR FURTHER INFORMATION CONTACT: Erwin E. Fragua, Contract Specialist, NNSA/OBS, at (505) 845-6442 or by e-mail at efragua@doeal.gov [efragua@doeal.gov] . SUPPLEMENTARY INFORMATION: The solicitation document contains all the information relative to this action for prospective applicants. The solicitation is being issued electronically through the Industry Interactive Procurement System (IIPS). The complete procedures for accessing the solicitation through IIPS are located at http://e-center.doe.gov [http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leaving FR.html&log=linklog&to=http://e-center.doe.gov] . The actual work to be accomplished will be determined by the light-emitting diode (LED) experiments and diagnostics techniques will be evaluated through scientific peer review against predetermined, published and available criteria. NNSA will make final selection. The unique resources of the NLUF are available to scientists for state-of-the art experiments primarily in the area of laser-matter interaction and related plasma physics. Other areas such as spectroscopy of highly ionized atoms, laboratory astrophysics, fundamental physics, material science, and biology and chemistry will be considered on a secondary basis. The LLE was established in 1970 to investigate the interaction of high power lasers with matter. Available at the LLE for NLUF researchers is the OMEGA LASER, a 30kJ UV 60 beam laser system (at 0.35 um) suitable for direct-drive ICF implosions. This system is suitable for a variety of experiments including laser- plasma interactions and atomic spectroscopy. The NLUF program for FY 2005 and FY 2006 is to concentrate on experiments that can be done with the OMEGA laser at the University of Rochester and development of diagnostic techniques suitable for the OMEGA system. Measurements of the laser coupling, laser-plasma interactions, core temperature, and core density are needed to determine the characteristics of the target implosions. Diagnostic techniques could include either new instrumentation, development of analysis tools, or development of targets that are applicable for 30 kJ implosions. Issued in Albuquerque, New Mexico, March 16, 2004. Martha Youngblood, Contracting Officer, Acquisition & Financial Assistance Department, NNSA Service Center. [FR Doc. 04-6556 Filed 3-23-04; 8:45 am] BILLING CODE 6450-01-P ***************************************************************** 42 DenverPost: editorial Questionable safety at Flats Article Published: Wednesday, March 24, 2004 The contractor handling the cleanup of Rocky Flats must do better at training workers and following safety procedures. But the U.S. Department of Energy, which recently fined contractor Kaiser-Hill $522,500, also must better monitor safety at the former nuclear bomb trigger factory south of Boulder. Much progress has been made at the facility since a full-court press was launched nearly a decade ago to clean up and close the plant. For example, plutonium pits (the bomb triggers) have been shipped to more secure storage in other states. That's good - the DOE and Kaiser-Hill deserve praise for what they've accomplished so far. Remember, before the $7 billion fast-track contract was approved in 1995, experts said cleanup would take decades and cost $35 billion. Yet, a tremendous amount of work remains undone, so it's imperative that the DOE and Kaiser-Hill stay committed to safety. Indeed, public support for fast cleanup - slated to finish by 2006 - is based on the DOE's promise that safety won't be compromised. Last May, though, Kaiser-Hill workers made several avoidable but worrisome mistakes. One exposed a worker to unsafe levels of radioactivity. The most troubling episode was a fire inside a two-story "glove box." A trash pile containing plutonium-soaked materials ignited. Instead of immediately calling properly trained emergency crews, workers tried to pour water on the blaze, thereby creating a risk that the highly radioactive material would "go critical," or release an intense burst of radiation. Apparently, workers didn't know the pile contained plutonium - which is alarming, because by that stage of the game, the DOE and Kaiser-Hill should have identified the locations of all plutonium wastes. The DOE says it "continues to be concerned with (Kaiser-Hill's) recurrent work control deficiencies." Its report describes the accidents with phrases such as "measures were not taken to maintain (safe) radiation exposures," "work was not performed consistent with the technical standards," and "personnel were not adequately trained." A humbled Kaiser-Hill told the DOE that the company is committed to fixing the problems. While the DOE ripped Kaiser-Hill for its failings, the public may wonder where the agency's own personnel were when the accidents occurred. As plant buildings have been closed, the DOE has moved many of its employees off the site. So, agency experts may not stroll around the site as often as in the past, when they could more easily note potential hazards before accidents occurred. And because of budget cuts, an independent federal watchdog called the Defense Nuclear Facilities Board no longer assigns a full-time employee to Rocky Flats. The DOE's decision to make 50 of its employees part-time safety inspectors is an implicit admission that the agency needs to pay more attention. The department was right to fine Kaiser-Hill. The government also should remember the slip-ups when deciding on contractor bonuses. But the DOE should take a hard look at its own decisions - especially its sins of omission. The government is hardly blameless in the matter. Editorials alone express The Denver Post's opinion. All contents Copyright 2004 The Denver Post ***************************************************************** 43 chillicothe gazette: Piketon locals voice concerns over plant cleanup document - chillicothegazette.com Wednesday, March 24, 2004 By DANIEL PRAZER Gazette Staff Writer The draft of the U.S. Department of Energy's Risk-Based End State Vision Document and any revised versions can be found online at: [http://www.bechteljacobs.com/ports_reports.shtml] PIKETON -- A representative from the U.S. Department of Energy fielded concerns from the public Tuesday night about a DOE document that explores whether aspects of the cleanup at the Piketon uranium enrichment plant could be done with less money while keeping the same amount of risk to the community. The DOE requires each of its 17 nuclear sites to submit a Risk-Based End State Vision document by next Wednesday to its Washington headquarters. The document, in essence, identifies portions of the cleanup where expensive means won't necessarily justify the end of decreased risk to the environment or public. The vision plan, however, isn't a decision-making document. Bill Murphie, manager of the DOE office that oversees the Piketon plant and its sister plant in Paducah, Ky., called the vision statement an "academic exercise" -- it's a DOE policy report, not a regulatory report. "The outcome of this document is more important than the input," he said, citing some citizens' concerns their comments wouldn't be reflected in the draft of the document that will be submitted next week. Though the deadline for comments was March 6, Murphie said any comments sent to his office after the vision plan's submission would be forwarded on to DOE headquarters as an addendum to the document. Environmental regulators, though, say the vision plan has no bearing on the DOE's commitment to clean up the site, a fact the Murphie acknowledged. "At this site, it won't have any bearing on the cleanup standards that are implemented by legal documents," said Ken Dewey, manager of the Ohio EPA's division of emergency and remedial response, the office that responds to spills and cleanup situations. Cleanup levels are mandated by court order, and Murphie and Dewey both said the vision plan won't change the state of the ongoing cleanup. "They're doing a desktop exercise, and we're already dealing with the real world. We're not going to allow them to alter cleanup standards," Dewey said. But changes in the cleanup level included in the vision plan still worry some area residents. The Southern Ohio Diversification Initiative, in its written comments to be attached to the report, expressed concern that, among other things, the location for groundwater sampling wells are moved from within plumes of pollution to the site's perimeter in the vision plan. Moving the sampling location could, in theory, pull water that already meets environmental cleanup standards and allow the DOE to avoid cleaning up the contaminated areas of groundwater. And while the vision plan doesn't allow the DOE to alter cleanup levels, SODI program coordinator Jennifer Chandler expressed concern that the vision plan will let the DOE work its way back to the bargaining table to try to renegotiate cleanup levels with regulators, a sentiment Dewey echoed. "If we're going to sit down, we want to be a part of the decision-making process," Chandler said. "We want a seat at the table." SODI executive director Greg Simonton, though, is encouraged by the dialogue that's started between the DOE and community. "I believe that they believe that open and honest dialogue and input is good and germane to the success of the overall missions at the site," Simonton said. "I believe that when you have (officials) the level of Bill Murphie coming up here to attend our meetings, I think that's indicative of the department's commitment to fostering our relationship. ..." (Prazer can be reached at 772-9364 or via e-mail at [dprazer@nncogannett.com] Originally published Wednesday, March 24, 2004 Copyright ©2004 Chillicothe Gazette. All rights reserved. ***************************************************************** 44 Tri-City Herald: DOE faces fine for K Basins sludge This story was published Wednesday, March 24th, 2004 By Annette Cary Herald staff writer The Department of Energy could be fined up to $500,000 if it doesn't have an acceptable plan in 30 days to end the risk of environmental contamination from Hanford's K Basins, the Environmental Protection Agency warned. DOE had a legal deadline to begin removing highly radioactive sludge from the K Basins by the end of December 2002. Work on the difficult project has yet to begin. A budget briefing by the Energy Department has led the EPA to believe DOE also has abandoned attempts to meet the next legal milestone -- having all the sludge removed from leak-prone pools near the Columbia River by Aug. 31. Federal budget projections show the work being funded for two years after the deadline, said Larry Gadbois, an environmental scientist in EPA's Richland office. Late Monday, the EPA sent a letter setting the 30-day deadline for a revised strategy and schedule for removing sludge from the K Basins. If that deadline is not met and an agreement reached by May 1, EPA plans to assess a fine, said the letter. The potential fine started building when DOE missed the 2002 deadline to start removing sludge. EPA has the authority to levy fines of $5,000 for the first week the milestone was missed and $10,000 for each additional week. Last April, it assessed a penalty of $76,000. Since that time, the potential additional fine EPA could assess has grown to $500,000 -- a fact that EPA pointed out to DOE in the letter. The K Basins' two huge indoor pools were built in the early 1950s for temporary storage of spent nuclear fuel from the production of plutonium for the nation's weapon program. Some spent fuel has been stored there for nearly 30 years, even though the basins were designed for just 20 years. Some of the fuel has corroded, fallen apart and collected on the bottom of the basins to form a sludge that contains uranium, plutonium and other radioactive isotopes. The contaminated water has leaked from the pool, including major releases in the late '70s and the early '80s. Although some work has been done to keep the most vulnerable parts of the basins from leaking, the risk remains. The K Basins are 400 yards from the Columbia River. DOE has proposed starting work on sludge removal in a section of the K East Basin where the sludge, although still dangerous, has far less cesium and uranium contamination than most of the rest of the sludge. But the technical approach for that portion of the sludge, in the North Load-Out Pit, will not work for the rest. EPA has supported that limited start to the project, but "this work is only part of the solution," Gearheard wrote. "We believe that DOE's proposed actions to delay completion of sludge removal from the K Basins by nearly two years, coupled with the lack of a comprehensive strategy for the remainder of Basin remedial actions, demands that we set a firm deadline," he wrote. The plan approved in the Tri-Party Agreement, a legal document governing cleanup, called for the sludge to be removed and stored in T Plant, far from the Columbia River in central Hanford, until it can be treated and packaged for final disposal. Now, DOE is interested in skipping the move to T Plant. "There are a number of options for technical solutions to actually dispose of the sludge rather than prepare it for long-term storage," said Colleen Clark, spokeswoman for DOE's Richland office. By packaging it once for disposal and eliminating the interim storage, workers would not have to handle the dangerous waste twice. EPA agrees that the best option would be to treat K Basin sludge and ship it directly to a permanent storage area, likely near Carlsbad, N.M., but it has not seen a plan that would do that, according to the letter. "DOE has yet to develop a comprehensive strategy that can achieve that goal," the letter said. Among plans that have been floated but not adopted are a proposal to grout some of the sludge in place and another proposal to suck it up and put in open-top containers left in water at the K Basins. "I believe EPA has been extremely patient in allowing DOE to propose a revised comprehensive strategy for remediation activities for the K Basins, and we have provided feedback on the myriad of proposals put forth by DOE and its contractors," the letter said. But EPA's patience has worn thin. "We appreciate the flexibility EPA has shown us to date and we know they share our determination to find the best possible final solution," Clark said. "In our view that's a solution that's protective of the work force and gets the sludge ready for disposal and not on site storage." The Defense Nuclear Facilities Safety Board also is pressuring DOE to come up with a plan. The board, appointed by Congress to provide independent oversight of DOE nuclear reservations, has asked DOE to provide a plan by April 30 for the removal and disposal of sludge. © 2004 Tri-City Herald, Associated Press &Other Wire Services ***************************************************************** 45 Daily Camera: Public split on decision at Rocky Flats wildlife area Broomfield [http://www.dailycamera.com Mailing address: Broomfield Enterprise 1006 Depot Hill Road, Suite G Broomfield, CO 80020 Support divided among public access, restriction at planned refuge By Alisha Jeter, Enterprise Staff Writer March 24, 2004 U.S. Fish and Wildlife Service officials took comments Thursday night at a public hearing on the planned Rocky Flats National Wildlife Refuge — mostly from people outside Broomfield's borders. About 20 people argued in favor of two alternatives under consideration for management of the site — one that would allow public access to trails, hunting and wildlife viewing and one that would leave the nearly 6,000-acre "buffer" area mostly untouched. Few Broomfield residents attended the meeting, but a contingent of city officials spoke. Two City Council members, the city's Open Space and Trails director Kristan Pritz and others spoke in favor of the plan to allow moderate public access. That option is known as Alternative B and is among four options. It calls for extensive public access such as more trails and a comprehensive visitor center. One option — Alternative A — would largely leave the site alone at Broomfield's southwestern border and another would promote restoration of the site to its pre-settlement nature. "I've lived in Broomfield a very long time and I've seen Rocky Flats go through a number of changes. Alternative B accomplishes what I had envisioned for this site," Councilwoman and 30-year resident Lori Cox said, echoing city officials' comments that the plan offered a balanced option between public use and wildlife preservation. The Fish and Wildlife Service also supports Alternative B. "We feel that has been a middle of the road (alternative) from what people have told us," said project leader Laurie Shannon. Rick Warner, a Broomfield resident who helped clean the Rocky Mountain Arsenal site, called the Rocky Flats refuge site "very dangerous" and said he'd prefer to see the site not visited by people, even saying he was concerned efforts to restore the site might kick up contamination. "It's better to be on the side of caution than the side of haste," Warner said. Several people raised concerns for public safety on the site, which surrounds the 300-acre industrial area once used in the production of plutonium triggers for nuclear arms. The Fish and Wildlife Service is not involved in the cleanup of the site, but officials said the Environmental Protection Agency and Colorado Department of Public Health and Environment must certify the land is clean before it is transferred to the wildlife service for a national wildlife refuge, Shannon said. Other people argued for and against hunting on the site, as well as dog access. Dogs won't be allowed on the refuge, as wildlife workers worry about the animals harassing wildlife and leaving waste, refuge manager Dean Rundle said. The agency also assumed dog access is ample at Front Range open spaces. Thursday's meeting was the last of four to comment on the refuge's draft conservation plan and environmental impact statement. Written comment may still be sent to Laurie Shannon, Rocky Flats Refuge, Rocky Mountain Arsenal, Bldg. 121, Commerce City, CO 80022, or via fax at (303) 289-0579. The deadline for those comments has been extended to April 26. Rocky Flats cleanup Rocky Flats clean-up contractor Kaiser-Hill Co., as well as overseers from the Department of Energy, the Environmental Protection Agency and the state health department, will discuss cleanup on the site in a public meeting April 14. Upon cleanup, much of the site is to be transferred to the U.S. Fish and Wildlife Service for the Rocky Flats National Wildlife Refuge. The meeting will be at the Broomfield Municipal Center, 1 DesCombes Drive, from 6 to 8 p.m. Copyright 2004, The Daily Camera ***************************************************************** 46 Oak Ridger: Report: Y-12 storage facility could prove costly Story last updated at 11:32 a.m. on March 24, 2004 By: Paul Parson | Oak Ridger Staff paul.parson@oakridger.com [paul.parson@oakridger.com] If it goes forward as designed, a new Oak Ridge storage facility for weapons-usable uranium will be costly and could pose some security issues. Gregory H. Friedman, the Department of Energy's inspector general, outlined those findings in an audit released late Tuesday afternoon. In a response to the document, Dennis Ruddy, president and general manager of BWXT Y-12, stands by the current design of the new storage facility at the Y-12 National Security Complex. BWXT Y-12 manages the weapons plant for the federal government. Y-12 is the nation's principal storehouse for highly enriched uranium, and the new facility is part of the aging plant's modernization effort. Construction of Y-12 started in the early 1940s as part of World War II's Manhattan Project - a top-secret effort for developing an atomic bomb. Officials expect the new storage facility will modernize security, improve operational efficiency and consolidate the weapons-usable uranium. In February 2000, the federal government OK'd a design for the Y-12 storage facility that consisted of an earthen berm on the top and three sides of the facility. That was when Lockheed Martin Energy Systems managed the Oak Ridge weapons plant. BWXT Y-12 took over as the plant's managing contractor in late 2000. In June 2002, the National Nuclear Security Agency, which oversees DOE's weapons facilities, approved BWXT Y-12's recommendation to redesign the storage facility to remove the berm. According to Friedman's audit, the storage facility's current design could cost an estimated $253 million. In the long run, the government risks spending at least $25 million more than necessary to construct the facility, which has complex construction requirements that could add time to the project's schedule. In addition, officials said the non-berm design will not provide improved security and design flexibility over the original design. "A security review conducted by Sandia National Laboratories in Sept. 2001 concluded that, while both designs were adequate, 'the new design was not as effective as the berm design,'" according to the audit. "Local NNSA and contractor officials, Department of Energy headquarters personnel and Sandia National Laboratories security experts all told us that the berm design provided a high level of engineered security. "Based on the high level of engineered security provided by the berm, the results of the security reviews, and the current design's heavy reliance on security personnel, it is not clear, in our judgment, that the non-berm design provides improved engineered security or design flexibility over the original berm design." As it stands, site preparation for construction work on the storage facility is scheduled to begin later this year, with the end result being a facility about the size of at least three football fields. However, Friedman's office has recommended that the NNSA update all cost and schedule assumptions and reevaluate the decision to use the non-berm design when constructing the facility. Michael C. Kane, the NNSA's associate administrator for Management and Administration, suggested his agency will reevaluate the decision to use a non-berm design. However, he voiced disagreement with estimates that the non-berm facility would cost more than the original concept. "A conservative cost analysis performed by a construction cost estimator concluded that the two facilities would likely cost approximately the same," Kane wrote in response to the audit. In a prepared statement, Ruddy said that all Y-12 projects - particularly a large project like the uranium storage facility - receive a full engineering design analysis and cost-benefit review. "We are confident that the reevaluation committed to by the NNSA will validate that we made the right decision," Ruddy said in his statement. A 2000 audit from DOE's Inspector General's Office was also critical of Y-12's modernization efforts. ***************************************************************** 47 Google News Alert - nuclear Date: Wed, 24 Mar 2004 14:10:34 -0800 (PST) IAEA Chief Gathers Support to Shut Down Nuclear Black Market Voice of America - Washington,DC,USA Head of the UN nuclear watchdog agency has stopped in Egypt on his way to the Middle East to gather support for his agency's attempt to shut down the black ... See all stories on this topic: NO more Nuclear tests vowed Deseret News - Salt Lake City,UT,USA WASHINGTON — Despite reports to the contrary, the Bush administration insisted Tuesday it has no plans to resume nuclear bomb tests in the foreseeable future ... See all stories on this topic: BLAIR to meet with Qaddafi following nuclear pledge International Herald Tribune - Paris,France ... visit is a significant step in bringing the former pariah state back into the international fold, following its pledge in December to dismantle its nuclear ... See all stories on this topic: NUCLEAR WEAPONS: N. KOREA'S KIM JONG-IL MEETS CHINESE MINISTER Agenzia Giornalistica Italia - Italy ... Kim Jong-il met Chinese Foreign Affairs Minister Li Zhaoxing, during his visit to Pyongyang concerning the six-sided negotiations on the country's nuclear ... See all stories on this topic: RUSSIA'S navy chief orders nuclear ship back to port Indianapolis Star - Indianapolis,IN,USA Moscow -- In yet another blow to Russia's beleaguered military, the navy's commanding admiral ordered a nuclear-powered battle cruiser to return to port ... See all stories on this topic: EU calls for 'full transparency' by Iran on nuclear questions Webindia123.com - India European Union ministers have expressed concern that a number of questions relating to Iran's nuclear programme remain outstanding. ... See all stories on this topic: RUSSIA withdraws nuclear flagship Guardian - UK The head of Russia's cash-starved navy caused uproar yesterday when he announced that the fleet's flagship nuclear-powered missile cruiser Peter the Great had ... See all stories on this topic: N Korea will attend six-nation nuclear talks (10:30 PST) Hi Pakistan - Lahore,Pakistan ... military exercises and the impeachment of South Korea's president, North Korea is expected to attend the next round of six-nation talks on ending its nuclear ... NUCLEAR Industry Upbeat About Future 25 Years After TMI Low Point Newhouse News Service (NNS) - USA WASHINGTON -- Three years ago, Ron Simard built a series of speeches on nuclear power around his theory: "The future isn't what it used to be.". ... BRITAIN faces Brussels nuclear inspection EUpolitix - Brussels,Belgium The UK next week could face orders from the European Commission finally to let EU safety inspectors check on the controversial Sellafield nuclear power plant. ... 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