***************************************************************** 05/21/04 **** RADIATION BULLETIN(RADBULL) **** VOL 12.122 ***************************************************************** 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 Russia Journal Daily: U.S. presses Russia on arms initiative, Iran 2 BBC: Japanese PM arrives in N Korea 3 US: Oakland Tribune: Nuclear bill just barely squeaks by 4 US: Spectrum: Senators must take stand on new nukes - Opinion 5 US: BostonHerald: Nuke info is out in view of public 6 Las Vegas SUN: Newsview: Sonia Gandhi Holds on to Power 7 eTaiwanNews.com: Ending nuclear proliferation 8 TheStar.com - Do we want a nuclear future? 9 Talking Scotland: Rocket range survey begins on South Uist NUCLEAR REACTORS 10 US: NRC: Global Nuclear Fuel--Americas, LLC, Environmental Assessmen 11 US: projo.com: Jeffords grills federal nuclear agency chief about mi 12 US: Las Vegas RJ: Reid objects to delay in adding Jaczko to Nuclear 13 US: toledoblade: Voinovich: Nuclear plants must adopt 'safety cultur 14 US: Brattleboro Reformer: Jeffords queries NRC on fuel rods 15 US: DentonRC: TXU chief says sale of nuclear reactor unlikely 16 Bellona: KEDO holds board meeting on suspension of N Korea nuclear p 17 US: NucNet: Groups Hoping To Build The Next US N-Plant 18 AFP: Activists could target Finnish nuclear plants - security police 19 US: Middletown Press: CY nuke waste won’t be gone until 2023 20 US: NRC: NRC Advisory Committee on Reactor Safeguards to Meet June 2 21 US: NRC: Regulatory Analysis Guidelines: Final Criteria for the Trea 22 US: NRC: Nuclear Management Company, LLC, Notice of Consideration of 23 US: NRC: Agency Information Collection Activities: Proposed Collecti NUCLEAR SAFETY 24 [du-list] disinformation and depleted uranium 25 [du-list] Activist Urges Depleted Uranium Clean-Up in Iraq - 26 US: [FOODIRRADIATIONCA] AB 1988 going to Assembly Floor! 27 Times of India: Foul play suspected in radioactive exposure NUCLEAR FUEL CYCLE 28 Las Vegas SUN: Nevada asks federal auditors to look at Yucca 29 US: AZ Republic: Fight over radioactive waste 30 US: Salt Lake Tribune: N-storage provision in bill worries Utahns 31 Las Vegas RJ: Auditors asked to review Yucca managers' contract 32 Bellona: £480m nuclear plant does not deliver 33 US: Bradenton Herald: Tallevast warnings were lost in shuffle 34 Pahrump Valley Times: Citizen Alert hosts repository meeting 35 Pahrump Valley Times: Safety testing for casks designed to boost mor 36 FT: Europe to block freeze on nuclear processing 37 Pahrump Valley Times: Budget cuts could delay Yucca project 38 US: NPR : Nuclear Waste Debate Stalls Defense Bill in Senate 39 US: NPR: Nuclear Waste Clean-Up Plans Fuel Debate 40 US: CCDR: Final word on Cotter? 5-21-04 41 US: The Mercury: Pottstown to handle radioactive sludge 42 Pahrump Valley Times: Nevada asks Ohio for nuke help 43 Pahrump Valley Times: Yucca will dwarf past nuke shipping NUCLEAR WEAPONS 44 Guardian Unlimited: Ex-Soviet Officer Honored for Prudence US DEPT. OF ENERGY 45 DOE: Environmental Management Site-Specific Advisory Board, Oak Ridg 46 DOE: Agency Information Collection Extension 47 DOE: Application To Export Electric Energy; Dynegy Power Marketing, 48 Tri-City Herald: House votes to restore $50 million to cleanup 49 SF Chronicle: Los Alamos lab loses another data device 50 Charleston.Net: Graham, Hollings clash on SRS cleanup 51 Oak Ridger: Sick workers impacted by overhaul 52 Oak Ridger: ORNL assists in Ohio nuclear plant study 53 lamonitor.com: Lab reports missing data 54 WATE: Estimated cost after radiation leak is at least $1 million OTHER NUCLEAR 55 Google News Alert - nuclear ***************************************************************** ***************************************************************** FULL NEWS STORIES ***************************************************************** ***************************************************************** 1 Russia Journal Daily: U.S. presses Russia on arms initiative, Iran May 21, 2004 Posted: 11:38 Moscow time (07:38 GMT) A top U.S. diplomat said on Thursday he hoped Russia would by June 1 join a group of nations prepared to board ships and raid suspect factories in a bid to stem the trade in weapons of mass destruction. But U.S. Undersecretary of State John Bolton's Russian partner poured cold water on his optimism, saying Moscow still sought answers to a number of questions about President George W. Bush's Proliferation Security Initiative (PSI). Russia is the only member of the Group of Eight major industrial nations outside the PSI's core group. If Russia joined the PSI group, U.S. officials believe this would influence China, another key power, to back the scheme. Bolton said after talks with President Vladimir Putin's top energy officials that he hoped to see Russia in the PSI by June 1, when Poland hosts a conference of 80-odd members of the group – well before the topic is discussed at the G8 summit at Sea Island, Georgia, June 8-11. "We are hoping either by that time (June 1) or very shortly thereafter that the government of Russia will join the core group of PSI countries," he told a news conference. "Russia's government asked a number of perfectly legitimate and sensible questions which we are trying to answer," he added. "But we think the government is now making its final decision on the subject and we are hopeful that they may confirm their decision to join the PSI core group." The United States says the PSI aims to halt the flow of nuclear, chemical and biological weapons-related materials and missiles bound for states like North Korea and Iran by boarding suspect ships on the seas and seizing illegal cargoes. Bush earlier this year said he wanted the PSI to be widened to persuade participating states also to enter suspect factories and raid laboratories where such materials might be stored. But Russia, which basically supports the need to halt illegal traffic of weapons of mass destruction (WMD), had reservations about the U.S. plan. It is particularly worried about the legality of boarding vessels at sea. "We have similar or close strategic goals with the United States as far as non-proliferation is concerned," Interfax news agency quoted Deputy Foreign Minister Sergei Kislyak as saying after talks with Bolton. "We are satisfied with the consultations, although not all details have been coordinated," Kislyak added. "The work continues, moreover all this should be worked on in a multilateral format of the G8." Bolton said he also discussed with Moscow U.S. suspicions that Iran is planning to obtain nuclear and missile technology. Washington has concerns about the Bushehr atomic power plant that Russia is building for Tehran despite Washington's demands to ditch the $800 million project. Iran has denied it has any plans to develop nuclear weapons. But U.S. officials believe Iranian scientists can extract weapons-grade plutonium from the Bushehr reactor and use Russian nuclear know-how to make an atom bomb. Moscow says it will not supply fresh nuclear fuel to Iran until it receives guarantees from Tehran that all spent fuel would be returned to Russian storage facilities after a decade of use at Bushehr. Moscow also fears that if it backs out of the project other West European companies will step in and take Russia's place. A U.S. official said that even if Bushehr ran normally for three or four years Washington believed that Tehran could – if it pulled out of the non-proliferation treaty (NPT) – develop a nuclear weapon. GAZETA.RU [http://www.gazeta.ru/english/] U.S. presses Russia on arms initiative, Iran russiajournal.com Copyright © 1999-2004 The Russia Journal Publishing Company ***************************************************************** 2 BBC: Japanese PM arrives in N Korea Last Updated: Saturday, 22 May, 2004 [Japanese Prime Minister Junichiro Koizumi] The families issue will be uppermost in Koizumi's mind The prime minister of Japan has arrived in North Korea for a summit at which the fate of relatives of abducted Japanese citizens will top the agenda. Junichiro Koizumi is under strong domestic pressure to secure the release of eight relatives of people freed by the Communist state two years ago. He is also set to discuss the North's nuclear weapons ambitions which have alarmed the US and its allies. Economically stricken North Korea is under strong pressure to give ground. I... thought how tough it h been for the families for such a long time Junichiro Koizumi Japanese prime minister The BBC's Charles Scanlon reports from Tokyo that, in the long run, North Korean leader Kim Jong-Il wants normal diplomatic relations with Tokyo and, with it, the promise of massive economic aid. It is Mr Koizumi's second visit to the North. He returned from his first in September 2002 along with five abductees, released a quarter of a century after being seized by North Korean agents. Now he hopes to free their seven children and an American husband. Hopes and prayers The issue of the abductees and their stranded relatives has dominated Japanese politics and diplomacy since their release, overshadowing even North Korea's development of nuclear weapons, our correspondent adds. [Two of the former Japanese abductees, Yasush Chimura and Kaoru Hasuike ] High stakes for Koizumi Mr Koizumi will face an angry backlash if he returns without major concessions from the North, including a credible explanation for the death of at least eight other Japanese abductees. "I... thought how tough it has been for the families for such a long time - I will carry that feeling with me when I leave for North Korea," Mr Koizumi told reporters ahead of his visit. The former abductees have been gathering in Tokyo in the hope of being reunited with their families. "I have been praying that such a day would come as soon as possible so I am happy," said Fukie Chimura, abducted in 1978. A Japanese government spokesman added that the summit was also aimed at normalising diplomatic ties between the two states. Tokyo has previously offered major economic aid once ties are established. ***************************************************************** 3 Oakland Tribune: Nuclear bill just barely squeaks by Article Last Updated: Friday, May 21, 2004 Nuclear bill nearly goes bust By Ian Hoffman, STAFF WRITER House Democrats came within a handful of votes Thursday of shifting funds for a nuclear "bunker buster" and exploration of new H-bomb designs, the highest profile symbols of the Bush administration's pursuit of a new nuclear arsenal. In a 214-204 vote, Republicans narrowly preserved $27 million for studies of the high-yieldRobust Nuclear Earth Penetrator, concentrated largely at Lawrence Livermore and Sandia weapons labs in California, and $9 million for research into other modified and new thermonuclear weap-ons. Democrats called the bunker buster "useless" as a deterrent, but harmful to U.S. efforts, including the invasion of Iraq, to discourage other nations from acquiring nuclear arms. "This weapon is not only unnecessary, it is counterproductive," said Rep. John Spratt, D-S.C. "It raises a crucial question: How long can we move the world in one direction while we move in another direction?" House GOP members argued that the projects were merely research into weapons designed never to be used but to make adversary leaders doubt they would survive an attack on the United States or its allies. "To stick our head in the sand and say we don't want to know what our options are, to know what we could do, seems to me not only foolish but dangerous," said Rep. Mac Thornberry, R-Texas, whose district includes a federal weapons plant that would make the bomb. "The very best deterrent target is the people who pull the trigger, and that is the leadership of a foreign nation," said Rep. Duncan Hunter, R-El Cajon, chairman of the House Armed Services Committee. "You have to have this type of weapon to hold that leadership at risk." Rep. Ellen Tauscher, a moderate, pro-defense Democrat from Alamo, and Rep. Edward Markey, D-Mass., fought inclusion of the two H-bomb projects in the nation's defense bill for three years, gaining votes each time. Tauscher said the giant bunker buster -- in essence, a rebuilt 1.2-megaton H-bomb to be harder, more rigid and tough enough to plunge through dozens of feet of rock -- would rain deadly fallout on U.S. forces and civilians, rendering the bomb useless as a weapon or threat to adversaries. At the same time, pursuing the bomb harms U.S. efforts to discourage other nations from seeking nuclear arms, she and other opponents argued to House colleagues. Instead, Tauscher and supporters proposed shifting the money to conventional bunker busters and better target intelligence. They pointed to four conventional bunker busters dropped in the early phase of the Iraq war in a failed effort to kill Saddam Hussein. "Imagine the fallout, literally and figuratively, if we used a nuclear weapon to take out a hardened bunker and we got the location wrong," said Rep. Ike Skelton, D-Missouri, ranking Democrat on the House Armed Services Committee. "You cannot drop a nuclear bomb in the middle of a city. It's an unusable weapon," Markey said. "This is the worst public-policy decision that the Bush administration is making." This year marked the broadest opposition to the new weapons yet from moderate Democrats and Republicans, 11 of whom crossed party lines to vote against the weapons research. "The margin of support as we march down toward the development phase is getting smaller," said Daryl Kimball, executive director of the Arms Control Association, which opposes the penetrator. David Culp, legislative liaison for the Friends Committee on National Legislation, a Quaker organization favoring arms control, said the vote is the beginning of the end for the Robust Nuclear Earth Penetrator. The political costs of supporting it will only get higher as the weapon moves from feasibility study to prototype development and costs mount to a total of $485 million over the next five years, Culp said. "It may take a few more votes and few more years, but in the end my prediction is it will never get deployed," he said. Thursday's debate ends the first of four major floor battles over funding for new and modified nuclear weapons. Sens. Dianne Feinstein, D-Calif., and Edward Kennedy, D-Mass., will lead opposition to new and modified weapons research funding in the Senate version of the $422 billion defense bill, when Congress returns from break in a week. That measure too is widely expected to fail. But House appropriators, under tighter budget restrictions than last year, are expected to reprise the sweeping cuts to the Bush administration's nuclear-weapons initiatives in an energy and water funding bill. The fate of the research is likely to be decided in closed-door negotiations between Senate and House appropriators sometime this fall. Contact Ian Hoffman at ihoffman@angnewspapers.com ***************************************************************** 4 Spectrum: Senators must take stand on new nukes - Opinion - thespectrum.com [http://www.thespectrum.com Friday, May 21, 2004 IN OUR VIEW It's time for Sens. Orrin Hatch and Bob Bennett to step up and, perhaps, buck the party line. On Thursday, an amendment to the FY 2005 Defense Authorization Bill, which would have transferred $36.5 million earmarked for research and development of the bunker-buster bomb to the development of new non-nuclear weapons, was defeated. This means the door is still open for renewed nuclear testing at the Nevada Test Site. Rep. Jim Matheson, D-Utah, made a stand on the House floor for the amendment, which was defeated in the House by a slim 10 votes. He argued that "there are serious doubts within the scientific community about whether nuclear bunker-busters will actually be able to destroy deeply buried targets," adding that because command bunkers are located hundreds of feet deep, it would take a bomb larger than that dropped on Hiroshima to reach them. There is logic in his further claim that if the nation spends $500 million to develop a new nuclear weapons program, it would be an indication that testing is not far behind. Matheson had previously pushed for legislation that would require a vote of Congress before any nuclear testing resumes at the Nevada Test Site. That measure also was defeated. That is why Bennett and Hatch must now take up the fight for their fellow Utahns as this issue moves before the Senate. Southern Utah was blasted with the effects of more than 900 nuclear weapons tests conducted at the Nevada Test Site. Thousands have lost their lives. And, as we are learning, the fallout extended far beyond original estimates. Current studies show that contaminated fallout dropped on all 48 contiguous states and may have, according to a draft report by the Centers for Disease Control, resulted in 15,000 or more radiation-related deaths. We also have learned that underground testing does not always prevent harmful radiation from emitting into the atmosphere. As Southern Utahns, who have already paid far too high a price, we say the only safe nuclear testing is no nuclear testing, which is why we implore our senators to pick up the mantle, in a non-partisan manner, and do what is best for their constituents by refusing to accept the FY 2005 Defense Authorization Bill as it is written. Originally published Friday, May 21, 2004 Copyright ©2004 The Spectrum. All rights reserved. ***************************************************************** 5 BostonHerald: Nuke info is out in view of public By Cosmo Macero Jr. Friday, May 21, 2004 Highly sensitive data files that could help terrorists assemble a radioactive dirty bomb are being stored in the hallway of a state welfare office in Dorchester. That means random office workers, night janitors and even the general public may have easy access to information in the files about the locations and quantities of more than 1,000 radioactive compounds around Massachusetts. ``The files are accessible by just reaching in and looking,'' said one employee, speaking only on condition of anonymity. ``There is nothing covering them.'' Concerns about the security of the files revived exactly a year after top safety officials warned Gov. Mitt Romney's administration that the Dorchester site was inappropriate for the state's Radiation Control Program files. The radiation program - which tracks all companies and agencies licensed to use radioactive compounds such as plutonium, cobalt and iridium - was moved last year from secure facilities on Portland Street to space it now shares with the Department of Transitional Assistance. State officials insisted security was adequate, despite employee protests and complaints from radiation and safety specialists. ``These security lapses endanger everyone in the commonwealth,'' said Mary Richards, president of the Massachusetts Organization of State Engineers and Scientists, a union that represents employees of the radiation agency. ``We warned them before the move. We warned them after the move. What's it going to take?'' The files have been stored in an unsecure hallway and elsewhere around the building since last fall. The building's construction, according to the state Department of Public Health [http://news.bostonherald.com/search/?searchSite=recent&keyword=D epartment of Public Health] , was not able to support the full weight of the files. ``We find the current situation unacceptable,'' said Roseanne Pawelec, spokeswoman for DPH, which oversees the radiation program. ``The files are in library carts - big plywood structures. The floors meant to hold the files buckled. And we've been unsuccessful to date in getting the landlord to fix the floors.'' Pawelec said plans call for the radiation program office to be moved again this summer to a location in Revere, where space will be shared with two other agencies. Still, that move is likely to draw fire once again from the state scientists' union, as well as top safety officials. Last year, Dr. Sidney Kadish - head of the Advisory Council on Radiation Protection - warned Romney that the council was ``extremely concerned that these files may fall into the wrong hands.'' Kadish has termed the files flap a ``national security issue.'' The move to Dorchester was also criticized by the director of the Massachusetts Emergency Management Agency, as well as MEMA's chief nuclear engineer. Security at the Grove Hall building, employees say, is notoriously lax - though Pawelec noted a ``state trooper'' is posted there and ``at night the building has an electronic security system.'' FAQ's [http://www.bostonherald.com/faq.html] ] :: [ Herald BostonHerald.com ***************************************************************** 6 Las Vegas SUN: Newsview: Sonia Gandhi Holds on to Power By LAURINDA KEYS ASSOCIATED PRESS NEW DELHI (AP) - At the end of a dramatic week in Indian politics, Sonia Gandhi has grabbed power without the burden of responsibility, remaining leader of the ruling Congress Party while giving all accountability to a prime minister she hand-picked. Prime Minister Manmohan Singh, a soft-spoken economist who is to be sworn in Saturday, acknowledges that India will have a political arrangement it's never had before - one in which the prime minister will lead the government, but not the party that controls the government. "Sonia Gandhi is my leader," Singh said moments after being appointed. He declared that the nation had really voted for Gandhi as prime minister, but she "wants me to have this burden." Among the waiting tasks is the peace effort that the outgoing government began with Pakistan, and Singh pledged Thursday that he will strive to resolve the animosities between the two nuclear-armed neighbors. He also said he would keep India a business friendly place, continuing a process of economic reform that the Gandhi family argues it began. Singh and his Cabinet will be answerable to Parliament and India's people for the government's policies, actions and failures. Yet Gandhi, as the Congress Party's parliamentary leader with the power to choose that Cabinet, will hold the final say on those policies, although there will be discussion with allied parties. "She will be like a friend, philosopher and guide," said Kapil Sibal, a senior Congress leader. "There should be no misgiving in this regard. He will be discharging the responsibility of governing this country on a day to day basis." Singh's direction, though, is sure to be hers. He has never displayed any significant policy differences with Gandhi, an Italian-born widow who heads the country's most powerful political dynasty - one that has produced three prime ministers and could have had a fourth. Since leading the Congress alliance to an unexpected election victory over the Hindu-nationalist bloc of outgoing Prime Minister Atal Bihari Vajpayee, Gandhi has not explained why she is not adhering to Indian tradition and becoming prime minister. She said only that she was following her "inner voice." Her son, Rahul, said it was "in the nation's interest," but also didn't explain. Some colleagues characterized Gandhi as sacrificing herself, giving up power and position so that the outgoing Hindu nationalist-led government would stop focusing on her foreign birth. But Rahul denied that, quoting his mother as saying she had defeated those forces and proven them wrong. Although she passed on taking the prime minister's post, Gandhi has strengthened her power. The Congress Party, which has governed for more than 40 of modern India's 57 years of independence, reversed its own traditions to place all authority in her hands Wednesday. She was re-elected parliamentary leader, and then given the right to choose the prime minister on her own without a party vote. "It's never happened before. We've never had this situation before," Congress spokesman Jairam Ramesh told The Associated Press. The question is whether Gandhi can really shield herself from blame if Singh's government stumbles. While she has sidestepped the opposition's attempt to create a controversy over having a foreign-born citizen as prime minister, she is already drawing criticism for her maneuver. "She chose the prime minister. She is going to call the shots," said Brahma Chellaney, a prominent political analyst at the Center for Policy Research. "To enjoy power without accountability is itself unconstitutional." The new political arrangement also may cause a further slowdown in the time it takes the government to make decisions. Singh will now have to add consultations with Gandhi, his parliamentary party leader, as he negotiates with his coalition partners over government policy and pursues negotiations with other nations. "Decisions will take longer," Ramesh concedes, although he says that is often the result of a coalition government. --- Laurinda Keys has reported on South Asia for The Associated Press since 1999. -- ***************************************************************** 7 eTaiwanNews.com: Ending nuclear proliferation [http://www.etaiwannews.com/] Opinion 2004-05-21 / Taiwan News, Contributing Writer / Jonathan Power If the Iraq imbroglio has one blessing it is that it demonstrates that there are no actual or realistically imaginable military scenarios where nuclear weapons would be of any practical use for a major power attempting to subdue a smaller one. Yet the macho culture of nuclear weapons remains unassailed except by a brave few. General George Lee Butler, the commander of American nuclear forces in president George Bush senior's time, has argued that nuclear weapons are "inherently dangerous, hugely expensive, militarily inefficient and morally indefensible." Even back in the days of the U.S. nuclear monopoly, the moral sanction against use was such as to render them diplomatically useless, often counterproductive. This is why Stalin knew he could act with impunity when seizing control of Eastern Europe. Likewise Beijing and Hanoi went to war with American armies in Korea and Vietnam without fear of being halted by nuclear weapons. Nevertheless, the massive over-kill arsenals from the Cold War era remain only moderately reduced. Even when the latest treaty signed in Moscow by Presidents George W. Bush and Vladimir Putin is fully implemented in 2012, large U.S. and Russian nuclear forces will still exist, ready to promptly totally destroy each other's societies. They remain on hair trigger alert. For a nation besieged with worry that nuclear weapons might fall into the wrong hands it seems more than irresponsible that neither of the two post Cold War younger presidents has wanted to change the culture of nuclear weapons. Reagan did profoundly and George Bush senior too to some degree but there as been nothing less than insouciance from both Bill Clinton and George W. Bush. Thirteen years after the Soviet Union threw in the towel and requested its former enemy help dismantle many of its nuclear weapons and more effectively guard its stockpiles of weapons grade uranium and plutonium the job remains half done. Indeed Bush's initial response was to cut the already inadequate budget he had inherited from Clinton. According to Sam Nunn, the former chairman of the U.S. Senate's Armed Services Committee, who two weeks ago helped organize a NATO exercise in which an al-Qaida nuclear attack was simulated, 60 percent of dangerous sites have still to be secured. It was Ronald Reagan, to the consternation of most of his senior officials, who wanted to overturn conventional thinking about nuclear weapons. At his summit in Reykjavik in 1986 with the president of the Soviet Union, Mikhail Gorbachev, he proposed what the jargon calls, Zero Ballistic Missiles, ZBM. Gorbachev too was overruled by his entourage. But later in 1991 a group of hard line Republicans including the former assistant secretary of defense Richard Perle and Paul Nitze, the grand old man of arms control who has just had a battleship named after him, fleshed out the idea. They argued for the abolishing of massive nuclear missiles and a return to the deployment of long distance bombers as the backbone of nuclear defense. It was a fascinating about-face. It was the introduction of missiles and the subordination of bombers in the 1960s that spurred the nuclear arms race. To turn back the nuclear clock would remove the chance of surprise assault, thus finally assuring crisis stability. This is one plus. The double plus is what ZBM would do for the rest of the world. It would have none of the weaknesses of the Nuclear Nonproliferation Treaty with its abstainers and cheaters. An anti-rocket treaty would have universal application, and it is more easily enforceable. As the Libyan, North Korean and earlier Iraqi experience have shown much of the work of creating nuclear weapons can be concealed from detection. But missile systems cannot be effective unless their engines are tested and their boosters flown in the open. Such a treaty wouldn't get rid of planes carrying nuclear bombs, or cruise missiles, much less terrorists bombs hand delivered in a suitcase. But it would diminish the tempo of crises and conflicts and put real pressure on would-be nuclear powers to think again. At the moment the frozen status quo undermines the solemn promises on disarmament the nuclear-haves have made in the Nuclear Nonproliferation Treaty and greatly diminishes their negotiating leverage when dealing with the likes of North Korea and Iran. ZBM in contrast, by re-charging the dead batteries of arms control, offers the best chance of mobilizing world opinion against the theft and clandestine development of nuclear weapons by other states and underground groups. The whole corrupting psychology of nuclear arms possession that somehow justifies nuclear possession as being OK for us but not for them has to be turned on its head. Not before time there is a debate re-surfacing on ZBM. This is the right place to begin the battle against nuclear proliferation. Jonathan Power is a London-based columnist and a contributor to the Taiwan News. © 2001-2004 Taiwan News. All Rights Reserved. ***************************************************************** 8 TheStar.com - Do we want a nuclear future? [http://www.thestar.com/] Fri. May 21, 2004. | Updated at 07:45 AM CAROL GOAR Finance Minister Greg Sorbara may feel like the most embattled politician in the province right now, but his colleague Dwight Duncan has an even less enviable job. The energy minister has to clean up the costly mess that Ontario's last four governments have made of the electricity market. He has to stave off looming power shortages, stabilize prices and fulfil his own party's pledge to close the province's five coal-fired generators by 2007. Long after Sorbara has balanced the budget, Duncan (or his successor) will be struggling to keep the lights on, upgrade Ontario's aging electricity system, find affordable power sources and manage the swings of the market. Most Ontarians assume  with qualms  that the energy minister will accept the advice of his blue-ribbon panel and opt for a nuclear future. As citizens and taxpayers, they'd prefer not to pour billions of dollars into a technology that has never performed reliably. But they see no realistic alternative. Natural gas is too expensive. Coal is too dirty. And depending on imports is too risky. Suppose, however, there were a fifth choice: To cut electricity use substantially and get serious about investing in renewable energy. Mark Winfield of the Pembina Institute knows this proposal is likely to be regarded as a green fantasy by much of the population. That is why he and his colleagues at the Canadian Environmental Law Association have argued their case in a detailed policy paper, backed up by computer analysis. Even skeptics will learn a lot from the 80-page study (available at http://www.pembina.org [http://www.pembina.org] ). Most homeowners have no idea, for example, that the biggest single contribution they could make to saving electricity would be to convert their water heater to natural gas. Most commercial and industrial operators have never considered the possibility of using their boiler to produce electricity as well as heat. Most Ontarians don't think of their garbage as a potential source of power. The members of the project team have impressive credentials. Winfield, who wrote the report, teaches at the University of Toronto's Institute for Environmental Studies. Matt Horne, who did most of the computer analysis, has a bachelor of engineering and a master's degree in resource management. Theresa McClenaghan, who looked at the regulatory aspects, has practised environmental law for 17 years, appearing before the National Energy Board, the Supreme Court and all of Ontario's courts. And Roger Peters, who provided the on-the-ground expertise, is a chemical and environmental engineer who has worked on energy efficiency projects in North America and the developing world for 20 years. The four started their research a year ago when the electricity market was in turmoil following the Tory government's botched attempt to deregulate the sector. After the Liberals were elected in October, they began developing their alternative in earnest. The authors adopted two preliminary assumptions. They would not call for radical lifestyle changes. And they would confine themselves to technologies that had been tested and proven in other jurisdictions. The first step in the project was to draw up a set of regulatory changes and financial incentives designed to induce electricity users to switch to energy-efficient products and processes. (These included a new provincial building code, grants for residential and commercial retrofitting and sales tax rebates for energy-efficient appliances and fuel switching.) Step two was to devise an aggressive plan to develop renewable energy sources, such as wind, methane, solar and small-scale hydro projects. Step three was to put it all into the computer. They found that projected power consumption could be cut by 40 per cent by 2020, without any major disruption of Ontarians' way of life. And they found that renewable energy could be ramped up to meet 30 per cent of the province's electricity needs over the same period. Their plan was not cheap. The capital costs amounted to $23 billion. But the price of achieving the same result with nuclear power was $39 billion. Winfield does not pretend that it would be easy to implement his group's proposals. Consumers would have to be convinced that the upfront cost of replacing low-efficiency appliances would be offset by the savings. Governments would have to be convinced that using public money to cut energy demand is as responsible as using it to boost power generation. And investors would have to be convinced that backing non-renewable energy projects makes financial sense. On the other hand, the nuclear option has obvious drawbacks. The technology has never lived up to its promise. It is largely responsible for the financial crisis in the electricity system. And it carries significant safety and environmental risks. By fall, Duncan will have to decide which path to take. The choice he makes will set Ontario's course for the next 20 to 30 years. Sorbara may have had a rough week. But Duncan faces a long, hot summer. Carol Goar's column appears Monday, Wednesday and Friday. Legal Notice: Copyright Toronto Star Newspapers Limited. All ***************************************************************** 9 Talking Scotland: Rocket range survey begins on South Uist [http://www.talkingscotland.com] 21/05/2004 15:35 Attempts are being made to re-assure residents as a major survey begins at a Western Isles rocket range. It comes amid fears over radioactive contamination. Material was buried close to the West Geirinish base in South Uist, and local residents claim it's linked to high incidence of cancer. Ministry of Defence staff were on the scenic beaches of South Uist commencing their survey into radiation levels there. They're looking for traces of Cobalt 60, which was used in the missiles tested at the West Geirinish rocket range in the 1970s. Many islanders claim the chemicals are behind a cancer cluster in the area. MoD officials admit that radioactive waste has been buried at the site and that there have been leakages. The MoD say they're confident that there's no danger to the public. However there are additional concerns about pollution from another source. The study is scheduled to last ten days with the results due in mid summer. But some local residents say they can't trust the government to carry out the work, and would rather see an independent survey. The Western Isles Council says it will carry out its own research. UIST-21-05-04_56k.rm ***************************************************************** 10 NRC: Global Nuclear Fuel--Americas, LLC, Environmental Assessment and FR Doc 04-11510 [Federal Register: May 21, 2004 (Volume 69, Number 99)] [Notices] [Page 29337-29339] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr21my04-117] Finding of No Significant Impact Related to Proposed Exemption From Fissile Classification and Fissile Material Package Requirements AGENCY: Nuclear Regulatory Commission. ACTION: Finding of no significant impact and environmental assessment. FOR FURTHER INFORMATION CONTACT: Kevin M. Ramsey, Fuel Cycle Facilities Branch, Division of Fuel Cycle Safety and Safeguards, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Mail Stop T-8A33, Washington, DC 20555-0001, telephone (301) 415-7887 and e-mail kmr@nrc.gov [kmr@nrc.gov] . SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission (NRC) is considering the issuance of an amendment to NRC Materials License SNM-1097 to allow a one-time exemption from fissile material classification and the fissile material package requirements in 10 CFR 71.55 and the standards for arrays of fissile material packages in 10 CFR 71.59 for the shipment of certain radioactive waste materials by Global Nuclear Fuel--Americas, LLC (GNF or licensee) to a disposal facility and to impose license conditions on the shipment. The NRC has prepared an Environmental Assessment (EA) in support of this action. Based upon the EA, the NRC has concluded that a Finding of No Significant Impact (FONSI) is appropriate and, therefore, an Environmental Impact Statement (EIS) will not be prepared. II. Environmental Assessment Background GNF is authorized under NRC Materials License SNM-1097 to manufacture nuclear reactor fuel utilizing special nuclear material (SNM), specifically low-enriched uranium. During operation, GNF has accumulated a large amount of noncombustible materials contaminated with small amounts of fissile material (legacy materials). The legacy materials include piping, equipment parts, ceiling tiles, and concrete blocks. GNF believes that it will difficult and burdensome to demonstrate that this material meets the present regulatory requirements in 10 CFR 71.53 for exemption from fissile material classification and from the fissile material package standards of 10 CFR 71.55 and 71.59. On January 26, 2004, NRC published a final rule amending its regulations in 10 CFR Part 71 on packaging and transporting radioactive material, ``Compatibility with IAEA Transportation Safety Standards (TS-R-1) and Other Transportation Safety Amendments,'' (69 FR 3698; January 26, 2004). The final rule, in part, makes changes in fissile material exemption requirements to address the unintended economic impacts of NRC's emergency final rule, ``Fissile Material Shipments and Exemptions,'' (62 FR 5907; February 10, 1997). In particular, the revised requirements for exemption from classification as fissile material (placed in revised 10 CFR 71.15) provide greater flexibility to licensees shipping radioactive material than is provided in 10 CFR 71.53. The effective date of the final rule is October 1, 2004. On April 19, 2004, GNF requested permission to use the revised fissile material exemption in 10 CFR 71.15(c) prior to October 1, 2004. Use of this revised requirement would allow GNF to ship approximately 800 containers of legacy materials without these legacy materials being classified as fissile materials and without needing to comply with the fissile material packaging requirements of 10 CFR 71.55 and 71.59. Because GNF wants to make this shipment before the effective date of the amended part 71 final rule, the provisions of amended 10 CFR 71.15 are unavailable to GNF. However, under the provisions of 10 CFR 71.8, NRC may grant an exemption from the requirements of the regulations in part 71 that it determines is authorized by law and will not endanger life or property nor the common defense and security. Accordingly, NRC is considering issuing an exemption to GNF from fissile material classification and from the fissile material packaging requirements of 10 CFR 71.55 and 71.59, together with conditions that would be placed in the license to govern this one-time shipment of approximately 800 containers of legacy materials. The purpose of this document is to assess the environmental consequences of the [[Page 29338]] proposed exemption and proposed license conditions. Review Scope The purpose of this EA is to assess the environmental impacts of issuing a license amendment to GNF which grants an exemption from fissile classification and from 10 CFR 71.55 and 71.59 and imposes conditions on the shipment of approximately 800 containers of legacy materials. It does not approve issuance of the license amendment. This assessment will determine whether to issue a FONSI or to prepare an EIS. Should NRC issue a FONSI, no EIS will be prepared. Proposed Action The proposed action is to amend NRC Materials License SNM-1097 to exempt the licensee from fissile material classification and from fissile material package standards in 10 CFR 71.55 and 71.59 for a one- time shipment of approximately 800 containers of legacy materials and to impose the following conditions on this shipment: Fissile material meeting the following requirements is exempt from classification as fissile material and from the fissile material package standards of 10 CFR 71.55 and 71.59, but is subject to all other requirements of 10 CFR Part 71: (1) Low concentrations of solid fissile material commingled with solid nonfissile material, provided that: (i) There is at least 2000 grams of solid nonfissile material for every gram of fissile material, and (ii) There is no more than 180 grams of fissile material distributed within 360 kilograms of contiguous nonfissile material. (2) Lead, beryllium, graphite, and hydrogenous material enriched in deuterium may be present in the package, but must not be included in determining the required mass of solid nonfissile material. These conditions are required to provide reasonable assurance that the material will not pose an unsafe criticality hazard during transport. Purpose and Need for Proposed Action GNF is currently manufacturing nuclear reactor fuel at its Wilmington, NC facility. It is requesting the license amendment to facilitate the transport and subsequent disposal of approximately 800 containers of legacy materials stored at the site. The licensee has a contract with a disposal site that will expire before October 1, 2004. In order to ship these materials under its existing contract, it must obtain an exemption from fissile material classification and from the fissile material package requirements for this shipment. Alternatives The alternatives available to NRC are: 1. Approve the license amendment as above-described; 2. No action (i.e., deny issuance of the license amendment) Affected Environment The affected environment for the proposed action would be the immediate vicinity of the vehicle used to transport the material. The affected environment for no action is the GNF site. A full description of the site and its characteristics is given in the 1997 EA for the renewal of Special Nuclear Material License No. SNM-1097 (NRC, May 1997). The GNF facility is located on a site of about 1664 acres in New Hanover County, North Carolina, approximately 6 miles north of the city of Wilmington. Environmental Impacts of Proposed Action The risk to human health from the transportation of all radioactive material in the U.S. was evaluated in the ``Final Environmental Impact Statement on the Transportation of Radioactive Material by Air and Other Modes,'' NUREG-0170 (NRC, 1977). The principal radiological environmental impact during normal transportation is direct radiation exposure to nearby persons from radioactive material in the package. The average annual individual dose from all radioactive material transportation in the U.S. was calculated to be approximately 0.5 mrem, well below the 10 CFR part 20 requirement of 100 mrem for a member of the public. The proposed action would result in additional shipments. Additional shipments would expose more members of the public to radiation, increase nonradiological truck emissions, and increase the risk of injuries from traffic accidents. However, the increases would be so small that the differences would be negligible. Occupational health was also considered in the Final Environmental Impact Statement on the Transportation of Radioactive Material by Air and Other Modes (NRC, 1977). The average annual occupational dose to the driver(s) is estimated to be 8.7 mSv (870 mrem), which is below the 10 CFR part 20 requirement of 50 mSv (5000 mrem). The Department of Transportation (DOT) regulations in 49 CFR 177.842(g) require that the radiation dose rate may not exceed 0.02 mSv (2 mrem) per hour in any position normally occupied in a motor vehicle. The proposed action would not cause dose rates to the driver exceeding the DOT limit. The possibility of a criticality accident due to transportation of this material was evaluated during the development of the new rule containing the fissile material classification exemption, the substance of which is to be incorporated into the license as a condition for the one-time shipment planned by GNF. The results of the evaluation are documented in NUREG/CR-5342, ``Assessment and Recommendations for Fissile Material Packaging Exemptions and General Licenses Within 10 CFR part 71'' (NRC, 1998). The evaluation concluded that the mass limits in the exemptions could be safely increased to provide greater flexibility to licensees shipping radioactive material. In addition, an EA was prepared and a FONSI was published in Section VIII of the final rule amending 10 CFR part 71 (NRC, January 2004). The EA explicitly considered the potential environmental impacts of the revised fissile material exemptions. Under the proposed action, the doses to the public and to the workers are not increased beyond those considered in the Final Environmental Impact Statement on the Transportation of Radioactive Material by Air and Other Modes (NRC, 1977). Therefore, shipment of these materials as proposed would be consistent with the assessment of environmental impacts and the conclusions in the Final Environmental Impact Statement on the Transportation of Radioactive Material by Air and Other Modes (NRC, 1977). The NRC has determined that the approval of the proposed amendment will not have a significant impact on effluent releases, environmental monitoring, water resources, geology, soils, air quality, demography, biota, or cultural or historic resources under normal transport conditions. Environmental Impacts of No Action Alternative Denying this amendment request would result in the continued storage of a large amount of contaminated material on the licensee's site. Although the risk of a release is low, the risk would remain. In addition, the material poses an ever-increasing financial liability because disposal must still be accomplished before the facility can be decommissioned and released for unrestricted use. The occupational health impacts would not change significantly as a result of denial of this amendment request. Occupational doses at the [[Page 29339]] facility may be slightly higher as a result of the need to continue surveillance and maintenance activities; however, the facility will continue to implement NRC-approved, radiation safety procedures for handling radioactive materials. Thus, the dose to workers under the no action alternative will remain within acceptable regulatory limits. The NRC has determined that denial of the proposed amendment will not have a significant impact on effluent releases, environmental monitoring, water resources, geology, soils, air quality, demography, biota, or cultural or historic resources at or near the GNF site. Based on its review, the NRC has concluded that the environmental impacts associated with the proposed action are insignificant and, therefore, do not warrant denial of the proposed license amendment. The NRC has determined that the proposed action, approval of the license amendment as described, is the appropriate alternative for selection. Based on an evaluation of the environmental impacts of the proposed license amendment, the NRC has determined that the proper action is to issue a FONSI in the Federal Register. Agencies and Persons Contacted On May 6, 2004, the NRC staff provided the draft EA and FONSI to staff from the North Carolina Department of Environmental and Natural Resources (DENR). On May 7, 2004, the DENR Radiation Protection Section responded that it had no comments. The NRC staff has determined that the proposed action is not a type of activity that has potential to cause effects on historical properties because it is administrative in nature. Therefore, no consultation is required under Section 106 of the National Historic Preservation Act. The NRC staff has determined that the proposed action is not a type of activity that has potential to effect threatened or endangered species, or critical habitat because it is administrative in nature. Therefore, no consultation is required under Section 7 of the Endangered Species Act. References U.S. Nuclear Regulatory Commission (NRC), December 1977, NUREG-0170, ``Final Environmental Impact Statement on the Transportation of Radioactive Material by Air and Other Modes,'' Accession No. ML022590265. U.S. Nuclear Regulatory Commission (NRC), February 10, 1997, ``Fissile Material Shipments and Exemptions,'' Emergency Final Rule, 10 CFR Part 71, 62 FR 5907. U.S. Nuclear Regulatory Commission (NRC), May 1997, ``Environmental Assessment for Renewal of Special Nuclear Material License SNM- 1097,'' Legacy Accession No. 9705080142. U.S. Nuclear Regulatory Commission (NRC), July 1998, NUREG/CR-5342, ``Assessment and Recommendations for Fissile Material Packaging Exemptions and General Licenses Within 10 CFR Part 71.'' U.S. Nuclear Regulatory Commission (NRC), January 26, 2004, ``Compatibility With IAEA Transportation Safety Standards (TS-R-1) and Other Transportation Safety Amendments,'' Final Rule, 10 CFR Part 71, 69 FR 3698. Global Nuclear Fuel--Americas LLC (GNFA), April 19, 2004, ``Exemption Request,'' ADAMS No. ML041190402. III. Final Finding of No Significant Impact Pursuant to 10 CFR part 51, the NRC has considered the environmental consequences of amending NRC Materials License SNM-1097 to exempt GNF from fissile material classification and from the fissile material package requirements in 10 CFR 71.55 and 71.59 for a one-time shipment of approximately 800 containers of legacy materials and to impose license conditions on the shipment. On the basis of this assessment, the Commission has concluded that environmental impacts associated with the proposed action would not be significant and the Commission is making a finding of no significant impact. Accordingly, preparation of an EIS is not warranted. IV. Further Information For further details, see the references listed above. Documents may be examined, and/or copied for a fee, at the NRC's Public Document Room (PDR), located at One White Flint North, Room O-1F21, 11555 Rockville Pike, Rockville, Maryland. In addition, documents related to this proposed action will be available electronically for public inspection from the NRC Agencywide Documents Access and Management System (ADAMS). ADAMS 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] (the Public Electronic Reading Room). Persons who do not have access to ADAMS, or who encounter problems accessing documents in ADAMS, should contact the PDR reference staff at (800) 397-4209 or (301) 415-4737, or by e-mail at pdr@nrc.gov [pdr@nrc.gov] . Dated at Rockville, Maryland, this l4th day of May 2004. For the Nuclear Regulatory Commission. Robert C. Pierson, Director, Division of Fuel Cycle Safety and Safeguards, Office of Nuclear Material Safety and Safeguards. [FR Doc. 04-11510 Filed 5-20-04; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 11 projo.com: Jeffords grills federal nuclear agency chief about missing fuel | Providence, R.I. | AP's The Wire 05.21.2004 08:01 A.M. The Associated Press MONTPELIER, Vt. (AP) - Sen. James Jeffords, I-Vt., says he disappointed in the Nuclear Regulatory Commission's oversight of Vermont Yankee nuclear power plant. At a U.S. Senate hearing in Washington D.C. on Thursday, Jeffords told the chairman of the federal agency that there was "no greater issue than safety." He said the commission should make sure Vermont Yankee's missing fuel rods are found. "This is an outrageous and frightening situation for Vermont families," Jeffords told Chairman Nils Diaz. "The commission must commit its resources to ensure that this material is accounted for immediately. I do not want missing fuel to become the norm." Diaz, a former nuclear engineering professor from the University of Florida, said it was possible that the Vermont Yankee fuel rod "fragments," as he described them, may never be found. But he said that the search remained active. "It doesn't mean it is closed," he told Jeffords. "But we're not sure we can really find those pieces," he said, noting that the Millstone plant in Connecticut spent 11/2 years looking for its missing fuel rods. The Millstone 1 nuclear reactor is the only other plant that has lost highly radioactive fuel. The reactor is permanently shut down. "It is not enough to tell the public that we 'think' it is likely that highly radioactive material went to storage," Jeffords said, referring to waste sites in South Carolina, Washington state and Nevada, which Entergy Nuclear has said were the likely locations of the fuel rod pieces. A month ago, an NRC inspector discovered that two pieces of a damaged nuclear fuel rod were missing, and had been for about 24 years. After a month of searching the plant and its records, plant owner Entergy Nuclear has been unable to find the fuel. Jeffords, a member of the subcommittee of the Senate Public Works and Environment Committee, also pressed Diaz on the recently announced new engineering review of Vermont Yankee, authorized as part of Entergy Nuclear's request to increase power production by 20 percent. "This is information Vermonters want," Jeffords said. He asked Diaz how he was going to guarantee the independence of the review, since NRC had promised at least two independent contractors on the Vermont Yankee review. Diaz promised Jeffords that people with "absolutely no connection" to Entergy or Vermont Yankee would be on the review team. Providence Journal newsroom at (401) 277-7303. ***************************************************************** 12 Las Vegas RJ: Reid objects to delay in adding Jaczko to Nuclear Regulatory Commission Friday, May 21, 2004 By STEVE TETREAULT STEPHENS WASHINGTON BUREAU WASHINGTON -- Sen. Harry Reid, D-Nev., briefly skirmished with a Republican senator on Thursday over the Senate's delay in filling a vacancy on the agency that regulates nuclear power. Reid renewed a threat to block bills from the Environment and Public Works Committee until its chairman sets a hearing for Gregory Jaczko to become a Nuclear Regulatory Commission member. Jaczko, who is Reid's science adviser, was nominated by President Bush in February but is opposed by the nuclear power industry because of his ties to the Nevadan, a leading opponent of the Yucca Mountain Project. When the environment panel met Thursday, Reid read a statement saying the Senate's failure to act "does a terrible disservice to the country." Rep. George Voinovich, R-Ohio, said Democrats should share blame because they blocked a Republican nominee to fill a second NRC vacancy last year. John Grossenbacher, a Navy admiral from Illinois, ended up forfeiting his nomination and took a job in the private sector. "That's not true," Reid retorted. "You were told bad information." Reid maintained the committee had a deal move two NRC nominees in tandem but the White House took too long to decide on Jaczko. Committee chairman Sen. James Inhofe, R-Okla., wants to pass several water bills and an economic development bill in mid-June but those may end up delayed by Reid, Inhofe spokesman Will Hart said. Inhofe wants to wait on Jaczko until the White House nominates a replacement for Grossenbacher, Hart said. He did not know when that might happen. After the meeting, Reid said he did not know how long he might block the committee's work, but "I know I can be a pain in the rear end." Copyright Las Vegas Review-Journal ***************************************************************** 13 toledoblade: Voinovich: Nuclear plants must adopt 'safety culture' Friday, May 21, 2004 Regulators told to act or face legislative mandate By [amcfeatters@nationalpress.com] BLADE WASHINGTON BUREAU CHIEF WASHINGTON - Sen. George Voinovich is threatening legislation to force the Nuclear Regulatory Commission to set standards that would ensure a "safety culture" at the nation's 103 nuclear plants if the agency does not act on its own. The Ohio Republican complains angrily that the lessons of the near-disaster at the Davis-Besse nuclear plant still haven't been learned. But the three NRC commissioners are balking. They say they have no intention of "micromanaging" privately run energy companies by telling them how to manage their employees to ensure that safety is a constant concern. They are, however, requiring an annual safety review at Davis-Besse for five years. The issue of new standards erupted yesterday at a hearing of the Senate nuclear safety subcommittee, chaired by Mr. Voinovich. He was armed with a newly released study by the General Accounting Office, a congressional watchdog agency. It concludes there is potential for another incident such as the one at Davis-Besse because of weaknesses in the NRC itself. The "NRC has not followed up on prior task-force recommendations to assess whether the lessons learned were institutionalized," the GAO report said. Davis-Besse, operated by FirstEnergy and located 30 miles from Toledo, was found to have a six-inch hole in the reactor head because of acid corrosion. Only a thin piece of steel prevented a spill of radioactive liquid. The plant was shut for two years and did not achieve full power until April. The incident was the closest the nation has come to a serious accident since Three Mile Island in Pennsylvania overheated and began emitting radiation in 1979. Yesterday, NRC Commissioner Edward McGaffigan said Davis-Besse was "our worst hour." Witnesses at the hearing - from watchdog groups, academia, and the nuclear industry - said there was a "total breakdown" in safety precautions at Davis-Besse, for which FirstEnergy was responsible for and which the NRC should have caught. NRC Chairman Nils Diaz conceded that the NRC inspector at Davis-Besse failed because of a "lack of technical know-how." Mr. Voinovich said the NRC inspector at each plant should rotate more often than every seven years. Each should be highly trained and the most important person at that plant, he said. But Mr. McGaffigan, Mr. Diaz, and Commissioner Jeffrey Merrifield - two of the five commission slots are vacant because of a partisan standoff in the Senate - strongly disputed the idea that safety regulations to ensure a culture of safety are needed in an industry that supplies about 22 percent of the nation's electricity needs. Mr. Diaz said ensuring a safety culture in a company is an "ambiguous" process and would be difficult to do from the vantage point of the federal government. The NRC leaders suggested setting such standards could put them in the middle of labor-management conflicts. Mr. McGaffigan said that this is an area "we deal with as problems arise'' and that the NRC itself doesn't want to survey employees about safety practices. "If we see a problem, we tell them [the plant operators] to survey.'' Mr. Voinovich was infuriated. He said that Europeans set such standards. He said he will visit nuclear power plants "and check up for myself. I think the attitude of people in terms of safety is paramount. I'm saying we have to spend more time on this issue of [setting a] safety culture. We're not asking you to micromanage these plants.'' Raising his voice, Mr. Voinovich said, "I want to know if you're dedicated to not having Davis-Besse happen again.'' "Of course we are. We're totally dedicated to safety,'' Mr. Diaz shot back. Mr. Merrifield added, "We fully recognize the concerns you have. It's not easy to discuss.'' Mr. Voinovich responded, "We're going to talk about this. This is a big issue. If you don't do it [issue regulations], I'll pass legislation. We'll get it done." Later he said, "The reason I'm so interested in this is, I support nuclear power. We need it.'' He said without public support, investors won't invest and there won't be new plants. Marvin Fertel, senior vice president of nuclear generation for the Nuclear Energy Institute, said "You're absolutely right. NRC should set regulatory standards for safety.'' David Lochbaum, nuclear safety engineer with the Union of Concerned Scientists, said the deeper problem is that "NRC has a safety-culture issue of its own.'' He referred to a study that found that one-third of NRC employees who raise safety issues feel they face retaliation. Mr. Voinovich said of NRC leaders, "It's not that they don't care. Maybe they need help.'' He said that perhaps he would set up a meeting in his office between NRC officials and business leaders with experience in ensuring safety. "We have a challenge ahead of us,'' he said. Mr. Voinovich expressed concern that many NRC employees are nearing retirement and that too few nuclear engineers are coming out of the nation's colleges, which have half the programs they did 10 years ago. NRC is operating without the human or financial resources its needs, he said. Mr. Diaz said, "Our budget is adequate." Contact Ann McFeatters at: amcfeatters@nationalpress.com or 202-662-7071. © 2004 The Blade. The Toledo Blade Company, 541 N. Superior St., Toledo, OH 43660 , (419) 724-6000 ***************************************************************** 14 Brattleboro Reformer: Jeffords queries NRC on fuel rods [http://www.reformer.com/] May 21, 2004 Brattleboro, VT By CAROLYN LORIÉ Reformer Staff BRATTLEBORO -- Sen. Jim Jeffords told Nils Diaz, chairman of the Nuclear Regulatory Commission, that the two segments of highly radioactive fuel missing from Vermont Yankee must be accounted for. "This is an outrageous and frightening situation for Vermont families," said Jeffords, during Thursday's hearing before the Senate Subcommittee on Clear Air, Climate Change and Nuclear Safety. In addition to Diaz, NRC commissioners Edward McGaffigan Jr. and Jeffrey S. Merrifield also took part in the hearing. Pointing out that this was the second incident of missing fuel at a nuclear plant in the United States since 2000, Jeffords said this must not become "the norm" for the nuclear industry. "It is not enough to tell the public that we 'think' it is likely that highly radioactive material went to storage. We must improve our nuclear materials accounting system, and we must do it now," said Jeffords at the hearing. "I want to know what the NRC is going to do to prevent this from ever happening again at Vermont Yankee or, for that matter, at any other nuclear facility in America." Peter Alexander, executive director of the anti-nuclear watchdog group the New England Coalition, expressed satisfaction with Jeffords' comments and line of questioning. "We were pleased that Sen. Jeffords brought up the problems of Vermont Yankee in a national venue and pledged to follow up on the issues of concern about accountability and citizen participation in the safety assessment that the NRC has ordered," he said. Among the questions Jeffords asked Diaz concerned whether the uprate review process could include not only independent contractors on the inspection team but an independent observer as well. Many questions were submitted in writing to the NRC to be answered at a later time. Coalition expert Paul Blanch also applauded Jeffords' "aggressive questioning," especially questions regarding the inspection team. "He specifically asked Chairman Diaz how they were going to select those two independent outside contractors," said Blanch. In 1993, Blanch testified before the same Senate subcommittee on whistleblower issues. An electrical engineer with more than 35 years experience in the nuclear industry, Blanch became a whistleblower in the late 1980s, while working at the Millstone nuclear power station in Connecticut. Vermont Yankee has been in the national spotlight since April 21 when officials at the Vernon plant announced that two segments of fuel believed to be in a container in the fuel pool were not. The use of robotic cameras has since proven that the pieces are not anywhere in the fuel pool. The fuel lost at Millstone Unit 1 was never found. The NRC closed that case, stating that the fuel rods had most likely been shipped to a low-level waste site in South Carolina or Washington. Jeffords said that he was prepared to assist the NRC in anyway possible in locating the missing fuel. He also reminded Diaz, McGaffigan and Merrifield of their primary responsibility. "There is no greater issue than safety, said Jeffords, in a written statement. "I want the people of Vermont and across the country to be safe and it is the NRC's job to guarantee it." Copyright ©1999-2004 New England Newspapers, Inc., a ***************************************************************** 15 DentonRC: TXU chief says sale of nuclear reactor unlikely News for Denton, Texas | AP: Texas 05/21/2004 Associated Press TXU Corp. probably won't sell its nuclear reactor near Fort Worth although the utility hired advisers to consider options for the plant, chief executive John Wilder said Friday. "There is a possibility of an outright sale, but I don't really hold out for that," Wilder said. More likely, he said, the company would look for a deal with another power generator to guarantee a steady source of power  and revenue  when the Comanche Peak reactor is not operating. Wilder made the comments to reporters after the utility's annual shareholders meeting in Fort Worth. Shareholders were still digesting a slew of deals that Wilder has engineered since being hired in February to repair a company slammed by a failed European operations expansion. Earlier this week, the company announced a partnership with French consulting firm Capgemini to help TXU cut its back-office and technology costs and eventually market the service to other energy companies. At the same time, TXU announced an energy-trading joint venture with investment bank Credit Suisse First Boston, and it hired bankers J.P. Morgan Securities Inc. to help it decide what to do with Comanche Peak. The reactor, about 40 miles southwest of Fort Worth, has two generating units that can produce 2,300 megawatts, or more than 10 percent of TXU's total of 22,000 megawatts. Comanche Peak is such a big part of TXU's capacity that the utility can be forced to buy power on more expensive spot markets when the plant isn't running. While selling Comanche Peak is possible, "the most likely outcome is some kind of joint venture," Wilder said. TXU will explore entering into a deal with other energy companies to operate Comanche Peak along with other plants and share the revenue from all of them, he said. On another subject, Wilder hinted that TXU won't raise its annual dividend from 50 cents per share for at least two years. The company slashed the dividend by 80 percent in 2002, when problems surfaced in its European business. "We will worry about changing the dividend when we get the financial strength that we want, and we think that's about 2006," he said. TXU shares rose 5 cents, to $37.26, in trading on the New York Stock Exchange. ___ On the Net: www.txucorp.com © 2004 Belo Interactive Inc. ***************************************************************** 16 Bellona: KEDO holds board meeting on suspension of N Korea nuclear project [http://www.spacewar.com/] NEW YORK (AFP) May 20, 2004 The international consortium in charge of a frozen plan to build two nuclear power plants for North Korea held an executive board meeting Thursday, one day after Washington said the project had no future. The Korean Peninsula Energy Development Organisation (KEDO) board, which groups the United States, European Union, South Korea and Japan, discussed the management of the project's suspension, as well as financial issues, spokesman Roland Tricot told reporters. "The organisation continues to implement suspension measures, and is conducting preservation and maintenance activities" at the construction site in North Korea, Tricot said. He also said the board did not enjoy the unanimity required to resume construction of the reactors when the one-year suspension expires on December The multi-billion dollar plan to build two 1,000 megawatt light water nuclear reactors, deemed less suitable for weapons grade plutonium production, arose from a 1994 anti-nuclear deal between Washington and Pyongyang. But the United States considers the deal, known as the Agreed Framework, ruptured after accusing Pyongyang in 2002 of launching a prohibited program to enrich uranium for weapons production. Since then Pyongyang has thrown out international inspectors, unfrozen its Yongbyon nuclear plant and pulled out of the Nuclear Non-Proliferation treaty. The KEDO board announced the suspension of its project -- effective December 1, 2003 -- in November last year. On Wednesday, the US State Department confirmed reports that North Korea had offered, during talks in Beijing last week, to freeze its own nuclear activities in exchange for a resumption of the reactor project. "It's not something that we entertained," said the department's deputy spokesman, Adam Ereli. "I would also add as a matter of policy that we do not see a future for the light water reactor project," he said. Construction work on the reactors began in 1998 and is only one-third finished, although completion of the project was scheduled for 2003, according to the North Koreans. Experts say it would take at least five more years to finish the complex. WAR.WIRE ***************************************************************** 17 NucNet: Groups Hoping To Build The Next US N-Plant Three US consortia have taken up the Department of Energy’s (DOE) challenge to present proposals for feasibility studies and licensing initiatives with the goal of starting to build a new nuclear reactor unit in the country. None of the consortia, or any of their members, has actually committed to building a reactor. DOE will pay up to half of the costs of any of the proposals it selects and funding for the effort is included in the department’s fiscal year 2005 appropriation – which has not yet been approved by Congress. Additional companies or consortia could enter the field, since the solicitation does not close until December 2004. However, DOE does not have to wait until the solicitation closes to make awards, so the early entries could garner all available funds. Some companies, such as the Tennessee Valley Authority (TVA) and Bechtel Power Corp., are members of more than one consortium. The US Nuclear Energy Institute (NEI) is identifying the three consortia as the NuStart-led consortium, the Dominion-Led consortium and the TVA-Led consortium. In this special feature, NucNet US correspondent Thecla Fabian analyses the proposals – and looks at the key players... NuStart-Led consortium The expanded NuStart consortium is the latest entrant into the field and has presented the largest request. Marilyn Kray, who is the executive lead on the project and Exelon’s vice-president for project development, told NucNet that Exelon has the lead in the 10-member group. The group proposes a seven-year, 800 million US dollar effort intended to result in a completed combined construction and operating licence (COL) for one of two reactor designs. The two reactors being considered are the General Electric (GE) Economic and Simplified Boiling Water Reactor (ESBWR) and the Westinghouse Advanced Passive 1000 (AP 1000). Ms Kray said they were picked because each is an evolution of a currently operating plant design. Both reactor vendors are members of the consortium. The US Nuclear Regulatory Commission (NRC) is considering the certification application for the AP 1000, which was submitted by Westinghouse, a subsidiary of British Nuclear Fuels (BNFL), in March 2002. The schedule calls for a certification decision in December 2005. GE is engaged in pre-application discussions with NRC on certification of the ESBWR. While GE does not yet have an agreed schedule with NRC, it expects that the certification decision will come in mid- to late 2007. Ms Kray said completion of certification for both reactor designs is part of the NuStart proposal, and she noted that certification does not include all of the design work necessary to build a reactor. The design work is being done in three segments. The first is the preliminary design work needed for NRC design certification. The second is the additional design work needed for submission of the COL. The final stage is the detailed engineering design needed to actually build the plant. Once both certifications are complete, NuStart will select a single design to proceed with the COL, said Ms Kray, adding that, although only one COL will be submitted, “at the end of the day, we want both reactor designs to be positioned for deployment”. The consortium has not decided whether to submit an early site permit (ESP), which is not required for COL submission. The consortium also has the option of rolling site information into the COL, Ms Kray said. NuStart has not selected a site yet. One of the consortia’s initial tasks is to identify a list of possible sites and develop site-selection criteria. The schedule calls for selection of a site by September 2005. Once a site and a reactor design have been selected, NuStart will work with the NRC on developing a licensing strategy. NuStart expects to submit its COL application by January 2008. The NRC review will take about two years. Ms Kray said that a firm decision on the part of one or more of the partners to actually build a reactor could come at any time during the process. The decision would depend on a number of factors, including how the project was progressing, the ultimate cost of building a plant, and external factors such as electricity costs and environmental issues. The 10-member consortium includes eight power companies: Exelon, Entergy, Constellation Energy, Southern Co., EDF International North America, TVA, Duke Power and Florida Power &Light (FPL) – which announced on 19th May that it had joined. The two nuclear reactor vendor members are Westinghouse Electric and GE Energy’s nuclear operations. Six of the power companies have formed a limited liability corporation to manage the project – NuStart Energy Development LLC. TVA, as a quasi-public corporation, has not joined the limited liability corporation. The six NuStart LLC members will provide USD 7 million over the course of the project, for a total of USD 42 million. TVA will not provide any cash, but it will provide around USD 500 000 worth of support in-kind. Duke joined the consortium after NuStart submitted its original proposal to the DOE on 31st March. The company had been waiting to finish its own licensing renewal on the Catawba and McGuire nuclear plants, said Duke spokesperson Rose Cummings. Also, the company’s new chief nuclear officer, Brew Barron, who took over in January, is a strong proponent of the nuclear option. Cummings pointed out that Duke now is not looking to build another reactor. None of its three nuclear sites would support a new reactor. She said that if Duke builds anything, it would have to be at a greenfield (undeveloped) site, which has not been ruled out. The DOE is being asked to provide half of the USD 800 million cost. The remainder will come from the consortium’s partners. Dominion-Led consortium A four-member consortium led by Dominion has proposed a USD 500 million project to examine the feasibility of building a Canadian-designed ACR (Advanced Candu Reactor) 700 in the US, using the North Anna nuclear power plant as a reference site. The proposal does not commit to submission of a COL, but proposes a six-year programme to develop a “success path” to the COL, said Dominion spokesman Rick Zuercher. Dominion submitted an ESP for the North Anna site to NRC on September 25, 2003. John Polcyn, president of AECL Technologies (Atomic Energy of Canada Ltd.’s US subsidiary) told NucNet that the ACR 700 is a light-water reactor (LWR) that combines features of the Canadian CANDU reactors and LWRs currently used in the US. It uses slightly enriched fuel (2.1%), unlike the CANDU, which uses natural uranium fuel. He said AECL will start with a basic ACR 700 design, and modify it to meet licensing conditions in Canada, the US and other markets. AECL estimates that it could build the first 753 MW unit of the ACR 700 in 44 months. After building the fifth unit, construction time would drop to 36 months. Under this consortium, Dominion will lead the team, provide a site, and provide up to USD 61 million in funding. AECL will provide the remainder of the costs through its efforts to obtain NRC certification of the ACR 700. The DOE is being asked to pick up matching funds up to USD 250 million. The other two members of the consortium will provide engineering support. Hitachi America will provide work on the secondary side of the plant, the steam side. Bechtel Power Corp. will provide engineering support and support for the COL preparatory work. At the end of the six-year project, the consortium will be ready to submit the COL application. As with NuStart, Dominion has not committed to build the plant, even if it receives the COL. Mr Zuercher said that Dominion is interested in keeping the option available and will make a construction decision based on the need for baseload power and the comparative advantages of the ACR 700 versus other power supply options. The Dominion-Led consortium was the first to submit a proposal to the DOE, on 13th March. TVA-Led consortium TVA, a member of the NuStart consortium, also is a member of a smaller consortium that seeks to build an advanced boiling water reactor (ABWR) on the Bellefonte site in northern Alabama. The site has two partially completed TVA reactors. This six-member consortium proposes to use an ABWR from GE (a design certified by the NRC in June 1997), said Elizabeth Stuckle, a spokesperson with the US Enrichment Corporation, USEC – one of the members of the consortium. Although never built in the US, a joint venture between GE and Toshiba has built three of the reactors in Japan, which are currently operating. They are building five more in Japan and Taiwan, and have another eight in various planning and design stages. The consortium is proposing a modest USD 4 million, 10-month study to determine the feasibility of the project. The DOE has been asked to pick up USD 2 million as its share of the cost. TVA offers the use of the Bellefonte site, and possibly re-use of some of the idle infrastructure on the site. USEC will provide a fuel supply plan and project management support. GE and Toshiba will provide reactor design work. Bechtel will provide engineering support and Global Nuclear Fuel Americas LLC (a joint venture between GE, Toshiba and Hitachi) will provide fuel fabrication support. Ms Stuckle said that TVA does not have an early site permit for Bellefonte, so it would either have to apply for an ESP, or incorporate the site information into the COL. As with the other two consortia, TVA has not made a firm decision to actually build the plant. NucNet understands that federal funding plans for fiscal year 2005 are expected to be finalised by October. The DOE could therefore decide on one or more of the proposals soon afterwards. The NRC has issued overall guidance for developing construction inspection manuals and procedures to be used by its inspectors if new nuclear power plants are built in the US. The document, NUREG-1789, addresses the use of the combined construction permit/operating licence process, including the use of early site permits. NUREG-1789 is available from the agency’s web site, by entering accession number ML041340633 at this address: ( [http://www.nrc.gov/reading-rm/adams/web-based.html] ). Source: Exelon / Dominion / AECL Technologies / Duke / USEC / FPL Editor: Thecla Fabian, Washington / John Shepherd ***************************************************************** 18 AFP: Activists could target Finnish nuclear plants - security police + TERRA.WIRE
[http://www.terradaily.com/] HELSINKI (AFP) May 21, 2004 As Finland prepares to start building a new nuclear reactor, the threat of environmental activists and extremists targeting the country's nuclear power stations is growing, security police said on Friday. "There are so few power plants being built in the world for the time being that activists could conceivably target the power plant that will soon be built in Finland," Iikka Salmi, chief superintendent of the Finnish security police, told AFP. Finnish power company TVO is scheduled to start building a new nuclear reactor in Olkiluoto in western Finland this year, and expects to have it up and running by 2009. The plans to build the reactor, which will be Finland's fifth, has agitated environmental activists around the world. "We have seen an increase in activist activity," Salmi said, but added that security police had no reason to believe that there would be any violent attacks against the country's nuclear reactors in the near future. "It's possible, of course, but it's not likely," he said. A special security police division in western Finland has been assigned to ensuring the security of the new reactor, he said, but declined to comment on whether the division was cooperating with international security forces. TERRA.WIRE ***************************************************************** 19 Middletown Press: CY nuke waste won’t be gone until 2023 Friday 21 May, 2004 By JOSH MROZINSKI Middletown Press Staff 05/21/2004 HADDAM -- Residents living near Connecticut Yankee might be spending the next two decades next to nuclear waste and spent-fuel because the Department of Energy won’t begin removing material until 2010, according to Kelley Smith, the Connecticut Yankee spokeswoman. This means it wouldn’t completely be removed until 2023. The date is tentative and could change, Smith said. But Smith assured that the fuel and waste would be safely stored, as it has been in the past. Security enhancements, along with the extended time of storage, has cost Connecticut Yankee millions of dollars. "After Sept. 11, nuclear plants had to implement security enhancements. Those additional costs are incremental," Smith said. "They have to remain in place until the fuel is removed." In April 2003, Connecticut Yankee amended its 1998 lawsuit against the Department of Energy to reclaim damages that the company experienced and has passed along to its electricity customers. The filing asked for $197 million if Connecticut Yankee stores the fuel through 2010, and an additional $65 million if the fuel is stored through 2020. If Connecticut Yankee wins the lawsuit, the damages awarded would be credited to the decommissioning fund and to electric ratepayers when decommissioning is completed. "This court case is to determine damages for breach of the contract," Smith said. The physical decommission of the plant, which is essentially demolishing buildings, is scheduled to be completed by the end of 2006. Plainville-based development contractor Manafort Brothers is conducting the physical decommission of the plant. Connecticut Yankee is in the process of moving 43 dry casks, three containing waste and the rest spent-fuel, to the site from where the Department of Energy will take it. Attorney Nancy Burton and Frank Warmsley Sr., have claimed the site to be the property of the 18th century slave Venture Smith. Warmsley is a descendant of Smith. To contact Josh Mrozinski, call (860) 347-3331, ext. 222 or email jmrozinski@middletownpress.com. ©The Middletown Press 2004 ***************************************************************** 20 NRC: NRC Advisory Committee on Reactor Safeguards to Meet June 2 - 4 in Rockville, Maryland News Release - 2004-06 U.S. NUCLEAR REGULATORY COMMISSION Office of Public Affairs Telephone: 301/415-8200 Washington, DC 20555-0001 E-mail: opa@nrc.gov No. 04-062 May 20, 2004 The Nuclear Regulatory Commissions Advisory Committee on Reactor Safeguards will hold a public meeting from June 2 - 4 in Rockville, Maryland. The committees discussions will include, among other items, the NRCs revised process for reactor license renewal and the agency staffs response to the Committees March 17 report on the AP1000 advanced reactor design. Most of the meeting will be held in Room T-2B3 of the agencys Two White Flint North building, at 11545 Rockville Pike. A session with the Commission, from 1:30 p.m. - 3:30 p.m. on June 2, will be held in the Commissioners Conference Room in One White Flint North. The meeting will begin at 8:30 a.m. each day. A complete agenda will be available on the NRCs Web site at this address: http://www.nrc.gov/reading-rm/doc-collections/acrs/agenda/2004/. Videoconferencing is available for observing open sessions of ACRS meetings, at the cost of the requesting individual or organization, by contacting the Committees audio/visual technician at 301-415-8066, between 7:30 a.m. and 3:45 p.m., at least 10 days before the meeting. For additional information, please contact Sam Duraiswamy, at 301-415-7364, between 7:30 a.m. and 4:15 p.m. Last revised Thursday, May 20, 2004 ***************************************************************** 21 NRC: Regulatory Analysis Guidelines: Final Criteria for the Treatment FR Doc 04-11506 [Federal Register: May 21, 2004 (Volume 69, Number 99)] [Rules and Regulations] [Page 29187-29192] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr21my04-4] of Individual Requirements in a Regulatory Analysis AGENCY: Nuclear Regulatory Commission. ACTION: Regulatory analysis guidelines. SUMMARY: The Nuclear Regulatory Commission (NRC) is issuing its final criteria for the treatment of individual requirements in a regulatory analysis, because aggregating or ``bundling'' different requirements in a single regulatory analysis could potentially mask the inclusion of an individual requirement that is not cost-justified. As a result of these new criteria, the NRC will issue Revision 4 of its Regulatory Analysis Guidelines, NUREG/BR-0058 in the near future. [[Page 29188]] FOR FURTHER INFORMATION CONTACT: Brian J. Richter, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone (301) 415-1978; e-mail bjr@nrc.gov [bjr@nrc.gov] . SUPPLEMENTARY INFORMATION: I. Background The NRC usually performs a regulatory analysis for an entire rule in evaluating a proposed regulatory initiative to determine if the rule is cost-justified. External stakeholders from the nuclear power industry raised concerns that bundling different requirements in a single regulatory analysis can potentially mask the inclusion of an individual requirement when the net benefit from one of the requirements supports a second requirement that is not cost-justified. In order to address this concern, the NRC published proposed criteria for the treatment of individual requirements in a regulatory analysis for comment on April 18, 2003 (68 FR 19162). II. Comments on the Proposed Criteria After publishing its proposed criteria for the treatment of individual requirements in a regulatory analysis, the NRC received two sets of comments: one set from the Nuclear Energy Institute (NEI), an organization responsible for establishing unified nuclear industry policy on matters affecting the nuclear energy industry and the second from the Nuclear Regulatory Services Group (NRSG), a consortium of power reactor licensees. In general, NEI states that the NRC's proposed criteria do not adequately incorporate the relevant Commission guidance on this issue and that the public comments made at a public meeting on March 21, 2002, were not taken into account by the NRC staff. The two areas of concern to NEI were the NRC's criteria necessary to evaluate the bundling of individual requirements and the NRC's guidance on using subjective judgment in making bundling decisions. The law firm of Ballard Spahr Andrews & Ingersoll, LLP, also submitted a set of comments on behalf of the Nuclear Regulatory Services Group (NRSG). NRSG calls the proposed criteria ``a positive step in providing detailed guidance in this area for the first time'' and suggested some refinements of the criteria so that ``all proposed new regulatory requirements receive a proper analysis of their costs and benefits.'' Comment: NEI's initial comment was that on ``* * * rules that provide risk-informed voluntary alternatives to current regulations, an individual requirement should have to be cost-justified and integral to the purpose of the rule rather than [NRC's position that it be] cost- justified or integral to the purpose of the rule.'' NEI claims that the NRC's criteria ``* * * would be a significant disincentive to implementation of voluntary alternative requirements developed by industry groups because of the lack of scrutable guidance regarding the addition of individual requirements by the NRC staff.'' Response: The NRC believes that its position is correct with respect to the need for each criterion to be considered as a basis for bundling. NRC's position may be clearer if one considers requirements that are not necessary to a rule as enhancements. Then, if one uses NEI's criteria of requiring both conditions, i.e., being both cost- beneficial and necessary, no enhancements to a rule would be tolerated or should even be considered because an enhancement is not necessary to the purpose of the rule. But a fundamental principle of cost-benefit methodology is to select the alternative that achieves the largest net benefit, which could conceivably be an alternative with enhancements. Thus, NEI's position is tantamount to ignoring the cost-benefit implications of any requirement that is not necessary to meet the objective of the rule. Under NEI's approach, cost-beneficial relaxations could not be included in a rulemaking if they were not necessary to the purpose of the rule. Alternatively, the NRC's position allows for the selection of the alternative with the largest net benefit. Also, the NRC does not believe that NEI has demonstrated how the proposed criteria would be a ``significant disincentive'' to the implementation of voluntary alternative requirements developed by industry groups. As long as the voluntary alternatives are shown to be cost-beneficial and result in no decrease in safety from the NRC's proposed requirement, there should not be a problem. Comment: NEI notes that the phrase ``integral to the purpose of the rule,'' used both in a Staff Requirements Memorandum (SRM), dated January 19, 2001, and in the February 2002 preliminary criteria, was subsequently dropped from the proposed criteria. The phrase relates to whether a proposed requirement can be ``integral to the purpose of the rule'' if the individual requirement is not cost-beneficial, not required for compliance, and not required for adequate protection. NEI's position is that the phrase should be included in the NRC's final criteria. Response: The NRC replaced the phrase ``integral to the purpose of the rule'' as stated in the 2002 criteria, with ``necessary to the purpose of the rule'' because NRC believes that ``necessary'' conveys a clearer meaning. As discussed in both the proposed and final criteria papers, a requirement is necessary to the purpose of the rule if it is needed for the regulatory initiative to resolve the problems and concerns, and meet the stated objectives that are the focus of the regulatory initiative. Comment: NEI believes that NRC analysts need more guidance on making bundling judgments. They claim that because NRC's guidance is confusing and provides no meaningful standard, it is easier for the NRC staff to aggregate requirements without explanation. Response: The NRC's guidance is consistent with that provided in the Office of Management and Budget's (OMB) Circular A-4, ``Regulatory Analysis'' issued September 17, 2003, in which OMB recognizes the need to examine individual provisions separately and goes on to state: Analyzing all possible combinations of provisions is impractical if the number is large and interaction effects are widespread. You need to use judgment to select the most significant or relevant provisions for such analysis. You are expected to document all the alternatives that were considered in a list or table and which were selected for emphasis in the main analysis. The OMB circular recognizes that judgment must be used for such analyses. The level of analysis needs to be tempered by many factors such as controversiality, complexity, magnitude of consequences, and the like. Also, each regulatory analysis could possibly have unique features that would likely affect the type of analysis that should be done. Further, NRC final guidance will include reference to the OMB circular and the NRC does not believe additional guidance is needed. Comment: NEI claims that the use of an analyst's judgment as proposed by the NRC relies too much on NRC management review and public comment. They state: ``The burden should be on the NRC to provide sufficient information to evaluate regulatory analysis decisions.'' Response: Regulatory analyses are well founded and rely on sound judgments. This is done through peer review, management oversight, review of public comments, etc., and reliance on the analyst's judgment which is central to the regulatory analysis process. The NRC believes that its guidance ensures that its regulatory [[Page 29189]] analyses will provide sufficient information for the public to evaluate regulatory decisions and makes the process both ``meaningful and scrutable.'' Comment: NEI quotes the SRM calling for regulatory analyses to be ``meaningful and scrutable'' and claims that the analysis cannot meet this requirement unless there is some documented basis for disaggregation. Response: The NRC believes that regulatory analyses prepared under the revised guidelines are ``meaningful and scrutable,'' especially given that the guidance is consistent with that provided by OMB on this issue. The reason for disaggregation would be discussed in each regulatory analysis on a case-by-case basis. Comment: NEI states that the proposed criteria are inconsistent with the other detailed guidance on the treatment of values and impacts contained in NUREG/BR/0058, as currently written. Response: The NRC disagrees with this comment and believes this final guidance clarifies and supports existing guidance in NUREG/BR- 0058. Further, the NRC believes this new guidance is directly relevant to the current discussion on the identification of alternatives. This guidance considers the scope of requirements and the variability in physical and technical requirements as bases for defining alternatives. This bundling issue should be viewed as an extension or clarification of that discussion. Comment: NEI states with respect to bundling that the ``proposed criteria do not establish a common understanding of new requirements, do not establish a scrutable process for making regulatory decisions about voluntary initiatives, and do not provide sufficient documentation to inform future decisions.'' Response: The NRC reiterates its position that ``bundling'' guidance sets forth in detail how an analyst should handle the ``bundling'' issue and is also consistent with the cited OMB guidance. The NRC also believes that regulatory analyses and supporting documentation prepared under the revised guidance will be sufficient to provide documentation which may be reviewed to inform future decisions. The NRC notes that regulatory analyses are prepared as tools to support reasoned decision making and public understanding of the NRC's decisions; in this regard, the NRC believes that the revised guidelines achieve these objectives. Comment: NEI requests that the NRC defer its final decision on these criteria until previous comments are ``properly addressed.'' Response: Sufficient information was not provided to defer a final decision. The NRC maintains that it has properly addressed all public comments. Also, the Advisory Committee on Reactor Safeguards has stated in a July 17, 2003, letter from its Chairman, Mario V. Bonaca, to the Chairman of the Commission, that the NRC staff's criteria ``are appropriate and responsive to the Commission's direction.'' Comment: NRSG stated that the NRC should require separate analysis of individual requirements to the extent practicable. They went on to state ``that disaggregation of requirements should be the preferred approach, with the burden on the NRC to justify why separate analysis of individual requirements is not appropriate in a given case.'' Response: The NRC acknowledges that, for the purposes of developing an overall cost estimate of a regulatory initiative, the analyst should obtain separate cost estimates for each individual requirement to the extent practical. This is because it is the most logical model for developing an overall cost estimate, namely a bottom up approach. Further, the NRC agrees that cost-benefit analyses of individual requirements that are related (but not necessary) to the overall regulatory initiative need to be considered in reaching a sound regulatory decision. However, it is important to remember that the underlying purpose of a regulatory analysis is to provide decision makers with a tool for choosing between options or alternatives. When a regulatory initiative has a number of discreet, yet necessary requirements, the decision maker's choice is not whether to include or exclude necessary individual requirements but, rather, whether or not to enact the initiative as a whole. Therefore, the separate analyses of necessary individual requirements cannot contribute to this decision. Further, as stated in the proposed criteria, published for public comment in the Federal Register on April 18, 2003 (68 FR 19162): ``Specifically, this guidance states that a decision on the level of disaggregation needs to be tempered by considerations of reasonableness and practicality, and that a more detailed disaggregation would only be appropriate if it produces substantially different alternatives with potentially meaningful results.'' This implies that the analyst must be able to demonstrate that any aggregation in the analysis would not result in different conclusions of the analysis. Therefore, the NRC still does not believe that disaggregation in all cases should be the preferred approach and stands by the position stated in the proposed criteria. As stated in the guidance, ``the NRC does not believe that there should be a general requirement for a separate analysis of each individual requirement of a rule. This could lead to unnecessary complexities.'' Also, NRC believes that its guidance is consistent with OMB Circular A-4, cited above. Comment: NRSG states that if, according to the criteria, an individual requirement must be both ``related'' to the stated objective of the regulatory initiative and be ``cost-beneficial,'' then the NRC should clarify what it means by ``cost-beneficial.'' The commenter also states that the criteria for the treatment of any individual requirement must be consistent with the standards of the backfitting rule. Under the backfit rule, any new requirement that is a backfit must be shown to be cost-justified and produce a ``substantial increase'' in overall safety. Lastly, their final two points in this section are in agreement with the NRC criteria. First, the commenter agrees with the NRC that in ``cases where a new backfit requirement is being considered for inclusion in a voluntary alternative, to current regulations * * * NRC should consider imposing such a new requirement, if justified under the standards of Section 50.109, through the normal disciplined backfitting process, * * * rather than merely including it in a voluntary-alternative rule.'' Second, NRSG ``agree(s) with the NRC position that if an individual backfit requirement is not related to the objective of the regulatory initiative * * * , the ``requirement must be addressed and justified as a backfit separately.''' Response: For the most part, the NRC agrees with these comments. With respect to the NRC's meaning of ``cost-beneficial'' in the situation discussed by the commenter, the NRC means that the regulatory initiative results in a larger net benefit than would accrue to an action without that requirement. Further, with respect to the backfit rule, the NRC position is that when an individual requirement is related to the stated regulatory objective, the individual requirement should be cost-justified, and the overall regulatory initiative should constitute a substantial increase in the public health and safety. Comment: NRSG stated that there should be further guidance on backfitting issues related to the American Society of Mechanical Engineers (ASME) Code. Specifically, they state: [[Page 29190]] NRC's guidance should allow the NRC discretion to perform a cost-benefit analysis of individual new requirements contained in later editions of Section XI before they are incorporated wholesale into Section 50.55a. If the NRC finds that individual new requirements of later Code editions are not cost-beneficial for some or all plants, the NRC should screen out those new individual requirements in accordance with the standards of the backfitting rule. Response: The Commission's policy regarding Inservice Inspection (ISI) requirements is to assure the integrity of the reactor coolant system (RCS) boundary and containment as they relate to defense-in- depth considerations, that do not lend themselves to cost-benefit analyses. Further, in this specific instance, cost-benefit analyses are not well suited to determine if new requirements that address aging of components are appropriate because of the many uncertainties associated with the effects of aging. When the Commission formulated its policy, the then Chairman stated that: ``Both the ASME and the ACRS have strongly urged that the Commission maintain the current updating requirement'' and that-- ASME asserts that the failure of the NRC to incorporate later editions of the Code in the requirements, absent justification under a backfit analysis, would serve to undermine ASME because of the disincentive of volunteers to engage themselves in an ASME process that will not necessarily affect operating plants. Moreover, because some states routinely establish requirements based on current ASME codes, the acceptance of the staff's approach would create the anomaly that non-nuclear facilities might be required to conform to more modern codes than nuclear facilities. The Chairman also indicated he was aware ``that industry participates in the development of the ASME codes and that costs are considered in the amendment process. Thus, although the revisions may not be analyzed with the rigor required by our backfit analysis, the costs and benefits are implicitly weighed.'' Another Commissioner commented: 10 CFR 50.109 has served the NRC, our licensees, and our stakeholders well, and thus, my decision to not subject ASME Code updates to its backfit provisions was made only after I carefully considered how the staff's recommended option should exacerbate the complexity, inconsistency, and program divergence associated with our current update process. My decision also came after considering the diverse makeup of the ASME members that produce Code changes and the consensus process they use. * * * I believe that considerations of increased safety versus cost are implicit in the ASME consensus process. In sum, NRSG's suggested approach is inconsistent with the Commission's previous guidance to the staff. III. Final Criteria In evaluating a proposed regulatory initiative, the NRC usually performs a regulatory analysis for the entire rule to determine whether or not it is cost-justified. However, aggregating or ``bundling'' different requirements in a single analysis could potentially mask the inclusion of an unnecessary individual requirement. In the case of a rule that provides a voluntary alternative to current requirements, the net benefit from the relaxation of one requirement could potentially support a second unnecessary requirement that is not cost-justified. Similarly, in the case of other types of rules, including those subject to backfit analysis,\1\ the net benefit from one requirement could potentially support another requirement that is not cost-justified.\2\ ----------------------------------------------------------------- ---------- \1\ 'The Regulatory Analysis Guidelines of the U.S. Nuclear Regulatory Commission,'' (NUREG/BR-0058) have been developed so that a regulatory analysis that conforms to these Guidelines will meet the requirements of the backfit rule and the provisions of the CRGR Charter. \2\ This discussion does not apply to backfits that the Commission determines qualify under one of the exceptions in 10 CFR 50.109(a)(4). Those types of backfits require a documented evaluation rather than a backfit analysis, and cost is not a consideration in deciding whether or not the exceptions are justified (though costs may be considered in determining how to achieve a certain level of protection). ----------------------------------------------------------------- ---------- Therefore, when analyzing and making decisions about regulatory initiatives that are composed of individual requirements, the NRC must determine if it is appropriate to include each individual requirement. Clearly, in certain instances, the inclusion of an individual requirement is necessary. This would be the case, for example, when the individual requirement is needed for the regulatory initiative to resolve the problems and concerns and meet the stated objectives \3\ that are the focus of the regulatory initiative. Even though inclusion of individual requirements is necessary in this case, the analyst should obtain separate cost estimates for each requirement, to the extent practical, in deriving the total cost estimate presented for the aggregated requirements. ----------------------------------------------------------------- ---------- \3\ The stated objectives of the rule are those stated in the preamble (also known as the Statement of Considerations) of the rule. ----------------------------------------------------------------- ---------- However, there will also be instances in which the individual requirement is not a necessary component of the regulatory initiative, and thus the NRC will have some discretion regarding its inclusion. In these circumstances, the NRC should adhere to the following guideline: If the individual requirement is related (i.e., supportive but not necessary) to the stated objective of the regulatory initiative, it should be included only if its overall effect is to make the bundled regulatory requirement more cost-beneficial. This would involve a quantitative and/or qualitative evaluation of the costs and benefits of the regulatory initiative with and without the individual requirement included, and a direct comparison of those results.\4\ ----------------------------------------------------------------- ---------- \4\ There may be circumstances in which the analyst considers including an individual requirement that is unrelated to the overall regulatory initiative. For example, an analyst may consider combining certain unrelated requirements as a way to eliminate duplicative rulemaking costs to the NRC and increase regulatory efficiency. Under these circumstances, it would be appropriate to combine these discrete individual requirements if the overall effect is to make the regulatory initiative more cost-beneficial. In those instances in which the individual requirement is a backfit, the requirement must be addressed and justified as a backfit separately. These backfits are not to be included in the overall regulatory analysis of the remainder of the regulatory initiative. In applying this guideline, the NRC will need to separate out the discrete requirements in order to evaluate their effect on the cost- benefit results. In theory, each regulatory initiative could include several discretionary individual requirements and each of those discretionary requirements could be comprised of many discrete steps, in which each discrete step could be viewed as a distinct individual requirement. This raises the potential for a large number of iterative cost-benefit comparisons, with attendant analytical complexities. Thus, considerable care needs to be given to the level of disaggregation that one attaches to a discretionary requirement. In general, a decision on the level of disaggregation needs to be tempered by considerations of reasonableness and practicality. For example, more detailed disaggregation is only appropriate if it produces substantively different alternatives with potentially meaningful implications on the cost-benefit results. Alternatively, individual elements that contribute little to the overall costs and benefits and are noncontroversial may not warrant much, if any, consideration. In general, it will not be necessary to provide additional documentation or analysis to explain how this determination is made, although such a finding can certainly be challenged at the public comment stage.\5\ For further guidance, the analyst is referred to principles regarding the appropriate level of detail to be included in a [[Page 29191]] regulatory analysis, as discussed in Chapter 4 of the ``Regulatory Analysis Guidelines of the U.S. Nuclear Regulatory Commission.'' ----------------------------------------------------------------- ---------- \5\ See NUREG/BR-0053, Revision 5, March 2001, ``U.S. Nuclear Regulatory Commission Regulations Handbook,'' Section 7.9, for discussion of how to treat comments. ----------------------------------------------------------------- ---------- In some cases, an individual requirement that is being considered for inclusion in a voluntary alternative to current regulations may be justifiable under the backfit criteria. In these cases the individual requirement is both cost-justified and provides a substantial increase in the overall protection of the public health and safety or the common defense and security. If so, the NRC should consider imposing the individual requirement as a backfit affecting all plants to which it applies, rather than merely including it in a voluntary-alternative rule affecting only those plants where the voluntary alternative is adopted. A special case involves the NRC's periodic review and endorsement of consensus standards, such as new versions of the American Society of Mechanical Engineers (ASME) codes. These NRC endorsements can typically involve hundreds, if not thousands, of individual provisions. Thus, evaluating the benefits and costs of each individual provision in a regulatory analysis can be a monumental task. Further, the value gained by performing such an exercise appears limited. These consensus standards tend to be noncontroversial and have already undergone extensive external review and been endorsed by industry. Although regulatory actions endorsing these consensus standards must be addressed in a regulatory analysis, it is usually not necessary for the regulatory analysis to address the individual provisions of the consensus standards. The NRC believes this is appropriate for several reasons: (1) It has been longstanding NRC policy to incorporate later versions of the ASME Code into its regulations; and thus, licensees know when receiving their operating licenses that updating the ASME Code is part of the regulatory process; (2) Endorsement of the ASME Code is consistent with the National Technology Transfer and Advancement Act, inasmuch as the NRC has determined that there are sound regulatory reasons for establishing regulatory requirements for design, maintenance, inservice inspection and inservice testing by rulemaking; and (3) These consensus standards undergo significant external review and discussion before being endorsed by the NRC. Some aspects of these regulatory actions endorsing consensus standards are backfits which must be addressed and justified individually. For example, NRC endorsement (incorporation by reference) of the ASME Boiler and Pressure Vessel Code (BPV) provisions on inservice inspection and inservice testing, and the ASME Operations and Maintenance (OM) Code, are not ordinarily considered backfits, because it has been the NRC's longstanding policy to incorporate later versions of the ASME codes into its regulations. However, under some circumstances the NRC's endorsement of a later ASME BPV or OM Code is treated as a backfit. The application of the backfit rule to ASME code endorsements is discussed in the Appendix below. Aside from these backfits, these regulatory analyses should include consideration of the major features (e.g., process changes, recordkeeping requirements) of the regulatory action which should then be aggregated to produce qualitative or quantitative estimates of the overall burdens and benefits in order to determine if the remainder of the action is justified. Dated in Rockville, Maryland, this 17th day of May, 2004. For the Nuclear Regulatory Commission. Annette Vietti-Cook, Secretary of the Commission. Note: The following appendix will not appear in the Code of Federal Regulations. Appendix Guidance on Backfitting Related to ASME Codes 10 CFR 50.55a requires nuclear power plant licensees to construct ASME Boiler and Pressure Vessel Code (BPV Code) Class 1, 2, and 3 components under the rules provided in Section III, Division 1, of the ASME BPV Code; inspect Class 1, 2, 3, Class MC, and Class CC components under the rules provided in Section XI, Division 1, of the ASME BPV Code; and test Class 1, 2, and 3 pumps and valves under the rules provided in the ASME Code for Operation and Maintenance of Nuclear Power Plants (OM Code). From time to time, the NRC amends 10 CFR 50.55a to incorporate by reference later editions and addenda of: Section III, Division 1, of the ASME BPV Code; Section XI, Division 1, of the ASME BPV Code; and the ASME OM Code. Section A. Incorporation by Reference of Later Editions and Addenda of Section III, Division 1 of ASME BPV Code Incorporation by reference of later editions and addenda of Section III, Division 1, of the ASME BPV Code is prospective in nature. The later editions and addenda do not affect a plant that has received a construction permit or an operating license, or a design that has been approved because the edition and addenda to be used in constructing a plant are, by rule, determined on the basis of the date of the construction permit and are not changed, except voluntarily by the licensee. Thus, incorporation by reference of a later edition and addenda of Section III, Division 1, does not constitute a ``backfitting'' as defined in Sec. 50.109(a)(1). Section B. Incorporation by reference of later editions and addenda of Section XI, Division 1, of the ASME BPV and OM Codes Incorporation by reference of later editions and addenda of Section XI, Division 1, of the ASME BPV Code and the ASME OM Code affect the ISI and IST programs of operating reactors. However, the backfit rule generally does not apply to incorporation by reference of later editions and addenda of the ASME BPV (Section XI) and OM codes for the following reasons-- (1) The NRC's longstanding policy has been to incorporate later versions of the ASME codes into its regulations; thus, licensees know when receiving their operating licenses that such updating is part of the regulatory process. This is reflected in Sec. 50.55a which requires licensees to revise their in-service inspection (ISI) and in-service-testing (IST) programs every 120 months to the latest edition and addenda of Section XI of the ASME BPV Code and the ASME OM Code incorporated by reference into Sec. 50.55a that is in effect 12 months before the start of a new 120-month ISI and IST interval. Thus, when the NRC endorses a later version of a code, it is implementing this longstanding policy. (2) ASME BPV and OM codes are national consensus standards developed by participants with broad and varied interests, in which all interested parties (including the NRC and utilities) participate. This consideration is consistent with both the intent and spirit of the backfit rule (i.e., the NRC provides for the protection of the public health and safety, and does not unilaterally imposed undue burden on applicants or licensees). (3) Endorsement of these ASME codes is consistent with the National Technology Transfer and Advancement Act, inasmuch as the NRC has determined that there are sound regulatory reasons for establishing regulatory requirements for design, maintenance, inservice inspection and inservice testing by rulemaking. Section C. Other Circumstances Where the NRC Does Not Apply the Backfit Rule to the Endorsement of a Later Code Other circumstances where the NRC does not apply the backfit rule to the endorsement of a later code are as follows-- (1) When the NRC takes exception to a later ASME BPV or OM code provision, and merely retains the current existing requirement, prohibits the use of the later code provision, or limits the use of the later code provision, the backfit rule does not apply because the NRC is not imposing new requirements. However, the NRC provides the technical and/or policy bases for taking exceptions to the code in the Statement of Considerations for the rule. (2) When an NRC exception relaxes an existing ASME BPV or OM code provision but does not prohibit a licensee from using the existing code provision. [[Page 29192]] Section D. Endorsement of Later ASME BPV or OM Codes That Are Considered Backfits There are some circumstances when the NRC considers it appropriate to treat as a backfit the endorsement of a later ASME BPV or OM code-- (1) When the NRC endorses a later provision of the ASME BPV or OM code that takes a substantially different direction from the currently existing requirements, the action is treated as a backfit. An example was the NRC's initial endorsement of Subsections IWE and IWL of Section XI, which imposed containment inspection requirements on operating reactors for the first time. The final rule dated August 8, 1996 (61 FR 41303), incorporated by reference in Sec. 50.55a the 1992 Edition with the 1992 Addenda of IWE and IWL of Section XI to require that containments be routinely inspected to detect defects that could compromise a containment's structural integrity. This action expanded the scope of Sec. 50.55a to include components that were not considered by the existing regulations to be within the scope of ISI. Because those requirements involved a substantially different direction, they were treated as backfits, and justified under the standards of 10 CFR 50.109. (2) When the NRC requires implementation of later ASME BPV or OM code provision on an expedited basis, the action is treated as a backfit. This applies when implementation is required sooner than it would be required if the NRC simply endorsed the Code without any expedited language. An example was the final rule dated September 22, 1999 (64 FR 51370), which incorporated by reference the 1989 Addenda through the 1996 Addenda of Section III and Section XI of the ASME BPV Code, and the 1995 Edition with the 1996 Addenda of the ASME OM Code. The final rule expedited the implementation of the 1995 Edition with the 1996 Addenda of Appendix VIII of Section XI of the ASME BPV Code for qualification of personnel and procedures for performing ultrasonic (UT) examinations. The expedited implementation of Appendix VIII was considered a backfit because licensees were required to implement the new requirements in Appendix VIII before the next 120-month ISI program inspection interval update. Another example was the final rule dated August 6, 1992 (57 FR 34666), which incorporated by reference in Sec. 50.55a the 1986 Addenda through the 1989 Edition of Section III and Section XI of the ASME BPV Code. The final rule added a requirement to expedite the implementation of the revised reactor vessel shell weld examinations in the 1989 Edition of Section XI. Imposing these examinations was considered a backfit because licensees were required to implement the examinations before the next 120-month ISI program inspection interval update. (3) When the NRC takes an exception to an ASME BPV or OM code provision and imposes a requirement that is substantially different from the current existing requirement as well as substantially different than the later code. An example of this is presented in the portion of the final rule dated September 19, 2002, in which the NRC adopted dissimilar metal piping weld UT examination coverage requirements from those in the ASME code. [FR Doc. 04-11506 Filed 5-20-04; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 22 NRC: Nuclear Management Company, LLC, Notice of Consideration of FR Doc 04-11508 [Federal Register: May 21, 2004 (Volume 69, Number 99)] [Notices] [Page 29335-29337] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr21my04-116] Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No. DPR-20 issued to Nuclear Management Company, LLC, (the licensee) for operation of the Palisades Plant located in Van Buren County, Michigan. The proposed amendment would replace existing License condition 2.C.(5) and its corresponding table, with a new license condition stating that performance of Technical Specification surveillance requirement 3.1.4.3 is not required for control rod drive 19 only, until the next refueling outage, but no later than September 30, 2004. Before issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations. The Commission has made a proposed determination that the amendment request involves no significant hazards consideration. Under the Commission's regulations in Title 10 of the Code of Federal Regulations (10 CFR), Section 50.92, this means that operation of the facility in accordance with the proposed amendment would not (1) involve a significant increase in the probability or consequences of an accident previously evaluated; or (2) create the possibility of a new or different kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety. As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below: Nuclear Management Company, LLC (NMC) has evaluated whether or not a significant hazards consideration is involved with the proposed amendment by focusing on the three standards set forth in 10 CFR 50.92, ``Issuance of Amendment,'' as discussed below: 1. Does the proposed amendment involve a significant increase in the probability or consequences of an accident previously evaluated? Response: No. The proposed license amendment deletes outdated information from the operating license and adds a license condition to delay testing of one control rod from the Palisades Technical Specification surveillance requirement for partial movement every 92 days. The proposed License Condition does not affect or create any accident initiators or precursors. As such, the proposed license condition does not increase the probability of an accident. The proposed license amendment does not significantly increase the consequences of an accident. The safety analyses assume full- length control rod insertion, except the most reactive rod, upon reactor trip. The proposed surveillance requirement (SR) extension request does not increase the allowed outage time of any required operable structures, systems, or components (SSCs), and does not reduce the requirement to know that the deferred SR could be met at all times. Deferral of testing does not, by itself, increase the potential that the testing would not be met. The ability to move a full-length control rod by its drive mechanism is not an initial assumption used in the safety analyses. Control rod drop times are verified during performance of a surveillance that is normally performed during refueling outages. NMC has determined that control rod drive (CRD) seal leakage does not increase the likelihood of an untrippable control rod. Therefore, the assumptions of the safety analyses will be maintained, and the consequences of an accident will not be increased significantly. Deleting the existing license condition 2.C.(5) and Table 2.C.(5) is administrative, since the provision has expired, and has no impact on plant operation or equipment. Therefore, operation of the facility in accordance with the proposed License Condition would not involve a significant increase in the probability or consequences of an accident previously evaluated. 2. Does the proposed amendment create the possibility of a new or different kind of accident from any accident previously evaluated? Response: No. The proposed license condition does not involve a physical alteration of any SSC or change the way any SSC is operated. The proposed license condition does not involve operation of any required SSCs in a manner or configuration different from those previously recognized or evaluated. No new failure mechanisms will be introduced by the SR deferral being requested. Deleting the existing license condition 2.C.(5) and Table 2.C.(5) is administrative, since the provision has expired, and has no impact on plant operation or equipment. Therefore, the proposed amendment does not create the possibility of a new or different kind of accident from any accident previously evaluated. 3. Does the proposed amendment involve a significant reduction in a margin of safety? Response: No. The safety analyses assume full-length control rod insertion, except the most reactive rod, upon reactor trip. The proposed License Condition does not, by itself, introduce a failure mechanism. Past performance of the SR in question has demonstrated reliability in passing the deferred SR. The proposed license condition [[Page 29336]] does not involve any physical changes to the plant or manner in which the plant is operated. The ability to move a full-length control rod by its drive mechanism is not an initial assumption used in the safety analyses. Control rod drop times are verified during performance of a surveillance that is normally performed during refueling outages. NMC has determined that CRD seal leakage does not increase the likelihood of an untrippable control rod. Therefore, the assumptions of the safety analyses will be maintained, and the margin of safety is not reduced significantly. Deleting the existing license condition 2.C.(5) and Table 2.C.(5) is administrative, since the provision has expired, and has no impact on plant operation or equipment. Therefore, the proposed amendment would not involve a significant reduction in a margin of safety. The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration. The Commission is seeking public comments on this proposed determination. Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination. Normally, the Commission will not issue the amendment until the expiration of 60 days after the date of publication of this notice. The Commission may issue the license amendment before expiration of the 60- day period provided that its final determination is that the amendment involves no significant hazards consideration. In addition, the Commission may issue the amendment prior to the expiration of the 30- day comment period should circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example in derating or shutdown of the facility. Should the Commission take action prior to the expiration of either the comment period or the notice period, it will publish in the Federal Register a notice of issuance. Should the Commission make a final No Significant Hazards Consideration Determination, any hearing will take place after issuance. The Commission expects that the need to take this action will occur very infrequently. Written comments may be submitted by mail to the Chief, Rules and Directives Branch, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and should cite the publication date and page number of this Federal Register notice. Written comments may also be delivered to Room 6D59, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. Documents may be examined, and/or copied for a fee, at the NRC's Public Document Room, located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. The filing of requests for hearing and petitions for leave to intervene is discussed below. Within 60 days after the date of publication of this notice, the licensee may file a request for a hearing with respect to issuance of the amendment to the subject facility operating license and any person whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written request for a hearing and a petition for leave to intervene. Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission's ``Rules of Practice for Domestic Licensing Proceedings'' in 10 CFR Part 2. Interested persons should consult a current copy of 10 CFR 2.309, which is available at the Commission's PDR, located at One White Flint North, Public File Area 01F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/ [http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leaving FR.html&log=linklog&to=http://www.nrc.gov/] reading-rm/doc- collections/cfr/. If a request for a hearing or petition for leave to intervene is filed by the above date, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order. As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements: (1) The name, address and telephone number of the requestor or petitioner; (2) the nature of the requestor's/petitioner's right under the Act to be made a party to the proceeding; (3) the nature and extent of the requestor's/petitioner's property, financial, or other interest in the proceeding; and (4) the possible effect of any decision or order which may be entered in the proceeding on the requestors/petitioner's interest. The petition must also identify the specific contentions which the petitioner/requestor seeks to have litigated at the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner/requestor shall provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner/requestor must also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion. The petition must include sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the amendment under consideration. The contention must be one which, if proven, would entitle the petitioner to relief. A petitioner/requestor who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party. Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing. If a hearing is requested, the Commission will make a final determination on the issue of no significant hazards consideration. The final determination will serve to decide when the hearing is held. If the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment. If the final determination is that the amendment request involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment. Nontimely requests and/or petitions and contentions will not be entertained absent a determination by the [[Page 29337]] Commission or the presiding officer of the Atomic Safety and Licensing Board that the petition, request and/or the contentions should be granted based on a balancing of the factors specified in 10 CFR 2.309(a)(1)(i)-(viii). A request for a hearing or a petition for leave to intervene must be filed by: (1) First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; (2) courier, express mail, and expedited delivery services: Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff; (3) E-mail addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, hearingdocket@nrc.gov [hearingdocket@nrc.gov] ; or (4) facsimile transmission addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, Attention: Rulemakings and Adjudications Staff at (301) 415-1101, verification number is (301) 415-1966. A copy of the request for hearing and petition for leave to intervene should also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and it is requested that copies be transmitted either by means of facsimile transmission to 301-415-3725 or by e-mail to OGCMailCenter@nrc.gov [ OGCMailCenter@nrc.gov] . A copy of the request for hearing and petition for leave to intervene should also be sent to Jonathan Rogoff, Esquire, Vice President, Counsel & Secretary Nuclear Management Company, LLC, 700 First Street, Hudson, WI 54016, attorney for the licensee. For further details with respect to this action, see the application for amendment dated May 10, 2004, which is available for public inspection at the Commission's PDR, located at One White Flint North, File Public Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, 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] . Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1- 800-397-4209, 301-415-4737, or by e-mail to pdr@nrc.gov [pdr@nrc.gov] . Dated at Rockville, Maryland, this 14th day of May 2004. For the Nuclear Regulatory Commission. John Stang, Project Manager, Section I, Project Directorate III, Division of Licensing Project Management, Office of Nuclear Reactor Regulation. [FR Doc. 04-11508 Filed 5-20-04; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 23 NRC: Agency Information Collection Activities: Proposed Collection; FR Doc 04-11509 [Federal Register: May 21, 2004 (Volume 69, Number 99)] [Notices] [Page 29334-29335] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr21my04-115] Comment Request AGENCY: U.S. Nuclear Regulatory Commission (NRC). ACTION: Notice of pending NRC action to submit an information collection request to OMB and solicitation of public comment. SUMMARY: The NRC is preparing a submittal to OMB for review of continued approval of information collections under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Information pertaining to the requirement to be submitted: 1. The title of the information collection: 10 CFR part 21, Report of Defects and Noncompliance. 2. Current OMB approval number: 3150-0035. 3. How often the collection is required: On occasion. 4. Who is required or asked to report: All directors and responsible officers of firms and organizations building, operating, or owning NRC licensed facilities as well as directors and responsible officers of firms and organizations supplying basic components and safety related design, analysis, testing, inspection, and consulting services of NRC licensed facilities or activities. 5. The number of annual respondents: 36 respondents. 6. The number of hours needed annually to complete the requirement or request: 7,790 hours (5,112 for reporting and 2,678 for recordkeeping) and total of 142 hours per each response and 74 hours per each recordkeeper. 7. Abstract: 10 CFR part 21 implements section 206 of the Energy Reorganization Act of 1974, as amended. It requires directors and responsible officers of firms and organizations building, operating, owning, or supplying basic components to NRC licensed facilities or activities to report defects and noncompliance that could create a substantial safety hazard at NRC licensed facilities or activities. [[Page 29335]] Organizations subject to 10 CFR part 21 are also required to maintain such records as may be required to assure compliance with this regulation. The NRC staff reviews 10 CFR part 21 reports to determine whether the reported defects in basic components and related services and failure to comply at NRC licensed facilities or activities are potentially generic safety problems. Submit, by July 20, 2004, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? A copy of the draft supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: http://www.nrc.gov/public-involve/doc-comment/omb/index.html [http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leaving FR.html&log=linklog&to=http://www.nrc.gov/public-involve/doc-comm ent/omb/index.html] . The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions about the information collection requirements may be directed to the NRC Clearance Officer, Brenda Jo. Shelton (T-5 F52), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone at 301-415-7233, or by Internet electronic mail to INFOCOLLECTS@NRC.GOV [INFOCOLLECTS@NRC.GOV] . Dated at Rockville, Maryland, this 17th day of May 2004. For the Nuclear Regulatory Commission. Brenda Jo. Shelton, NRC Clearance Officer, Office of the Chief Information Officer. [FR Doc. 04-11509 Filed 5-20-04; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 24 [du-list] disinformation and depleted uranium Date: Fri, 21 May 2004 14:39:29 -0700 DISINFORMATION & Depleted Uranium [DU] - COOP RADIO - Leuren Moret - May 24 - Noon-1 PM PT LISTEN ONLINE TO COOP RADIO: http://www.coopradio.org/ COOP RADIO ­ CFRO ­ 102.7 FM Vancouver, B.C. Date: Monday, May 24, 2004/ Time: 12 ­1pm PT http://www.coopradio.org/ DISINFORMATION & Depleted Uranium [DU]: "The manipulation of information, the invention of pretexts, the falsification of reality, and turning people against their own interests is itself facilitated by the monopoly control over the media, and the process of neo-liberal globalization." Halifax International Symposium on Media and Disinformation July 1-4, 2004 - Dalhousie University - Halifax, Nova Scotia . GUEST: Leuren Moret was an Expert Witness at the International Criminal Tribunal For Afghanistan At Tokyo. She is an independent scientist and international expert on radiation and public health issues. She is on the organizing committee of the World Committee on Radiation Risk, an organization of independent radiation specialists, including members of the Radiation Committee in the EU parliament, the European Committee on Radiation Risk. She is an environmental commissioner for the City of Berkeley. Ms. Moret earned her BS in geology at U.C. Davis in 1968 and her MA in Near Eastern studies from U.C. Berkeley in 1978. She has completed all but her dissertation for a PhD in the geosciences at U.C. Davis. She has traveled and conducted scientific research in 42 countries. She wrote a scientific report on depleted uranium for the United Nations sub commission investigating the illegality of depleted uranium munitions. Marian Falk, a former Manhattan Project scientist and retired insider at the Livermore Lab, who is an expert on radioactive fallout and rainout, has trained her on radiation issues. DU Tribunal Testimony: http://www.mindfully.org/Nucs/2003/Leuren- Moret-ICT13dec03.htm International Criminal Tribunal For Afghanistan At Tokyo: The People Versus George Walker Bush - President Of The United States Of America Tribunal Verdict: http://www.traprockpeace.org/tokyo_trial_13march04.doc HOST: Alfred Webre, JD, MEd Halifax International Symposium on Media and Disinformation July 1- 4, 2004 - Dalhousie University - Halifax, Nova Scotia . This International Symposium aims to deal with one of the most pressing matters facing journalists, media and culture workers, and all sections of the people -- disinformation. The main aim of the Symposium is to empower journalists and collectives of the people by definitively exposing the modus operandi and extent of disinformation, presenting the experience of journalists and activists across Canada and abroad in tackling it, and to consolidate the long-term struggle for its elimination. That disinformation exists is well established. The international situation has become increasingly dangerous, filled with tension between the peoples and the big powers and amongst the big powers themselves. Disinformation has emerged as one of their most powerful weapons against peace and humanity. The whole world is discussing how the invasion and occupation of Iraq was justified by lies and deceptions. But disinformation extends far beyond isolated examples; whether it is the manipulation of "democracy" or of "human rights" or of "nuclear-non-proliferation" to justify interference in the internal affairs of sovereign nations and even launch pre-emptive aggression, it has become so pervasive that it is the central rule, rather than the exception. Disinformation -- as distinct from misinformation -- relies on mystifying the basis of change, development and motion in society, and reduces objective reality to a matter of interpretation, debate and discussion. Whether it is the "clash of civilizations" or the thesis of "rogue" or "failed" states, disinformation relies on the ideological content of imperialism. For example, people simply are not able to understand the Palestinian crisis as anything other that an ethnic clash, because they are not provided with information about the whole reality. They are not provided with the context needed to come to any other conclusion than the pre-determined one: a hopeless cycle of violence. The manipulation of information, the invention of pretexts, the falsification of reality, and turning people against their own interests is itself facilitated by the monopoly control over the media, and the process of neo-liberal globalization. The unprecedented concentration of media and power enables a tiny handful of moguls with a preconceived agenda to deploy colossal resources to dictate what is published and what is not, who is hired and who is fired, all with the aim of disorienting people and usurping any healthy discussion. Under the veneer of being "fair and balanced" and even "objective," this media normalizes bias, disregards and changes essential facts, and ignores and suppresses all those voices presenting information and independent views. Disinformation is not just a matter of a foreign policy adventure of Bush or Blair, but has become a general method for imperial dictate and monopoly right in the overall neo-liberal assault on conscience and enlightenment, and the sovereign and democratic rights of nations and peoples. The Symposium will feature discussions of disinformation and how it operates at the local, regional, national, and global levels. We invite media workers, scholars, First Nations, labour, fishermen and farmer's organizers, anti-war and environmental activists, publishers and other concerned groups or individuals to present their experience and expertise of disinformation. We are inviting journalists from Cuba, Venezuela, Haiti, Palestine and other countries to share their rich experience in fighting disinformation and interference in their affairs. Hostility towards the monopoly media is pronounced. Some are concerned about the Americanization, some dislike the sensationalism, some say that coverage is distorted, and others say that reality is ignored altogether. But all express dissatisfaction and outrage. The media, increasing numbers of people are realizing, does not serve them, and even acts as a barrier to dealing with the pressing issues they face. These concerns have given rise to an explosion of new and independent media on a global scale, as a voice to address peoples' rights and concerns. Those who are initiating this conference have professional backgrounds in independent journalism and publishing, in radio, print, film, books, and on the Internet. This Symposium is open to everyone who is deeply concerned about disinformation, the mass media and the kind of information and culture they represent. This Symposium has been borne out of this concern. We share the conviction that now is the time to develop our collective capability to influence the course of events. It is the responsibility of those who stand for the truth to thoroughly deal with the question of disinformation. We are building a space where we can deal with the question, and advance the long work of combating disinformation and building an independent media. Let all those concerned about fighting disinformation converge on Halifax! Contact: Telephone: 902.444.4922 (outside North America: 001.902.444.4922) Fax: 001.902.444.7595 E-mail: info@halifaxsymposium.ca Post: Halifax Symposium, PO Box 31377, Halifax, NS, Canada B3K 5Z1 Website: www.halifaxsymposium.ca "WAKE-UP WITH CO-OP" MON.-WED.- FRI. 7-9 AM PT LISTEN ONLINE: http://www.coopradio.org/ LISTENER-SPONSORED CO-OP RADIO is broadcast across Canada on the Star Choice satellite system on channel 845. Co-op radio, CFRO fm is located in Vancouver, B.C., Canada. Its frequency in the Vancouver area is 102.7 MHz and we are also found on various cable frequencies in most major cities throughout British Columbia. RealAudio and Program information for radio station CFRO can be found on the internet at http://www.coopradio.org Listener phone-in: Call Coop Radio on-air with your questions and comments at (604) 684-7561. ____________________________________________________________ Yahoo! Messenger - Communicate instantly..."Ping" your friends today! Download Messenger Now http://uk.messenger.yahoo.com/download/index.html ------------------------ Yahoo! Groups Sponsor ---------------------~--> Yahoo! Domains - Claim yours for only $14.70 http://us.click.yahoo.com/Z1wmxD/DREIAA/yQLSAA/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/ ***************************************************************** 25 [du-list] Activist Urges Depleted Uranium Clean-Up in Iraq - Date: Fri, 21 May 2004 14:39:28 -0700 Forward to your local media... Activist Urges Depleted Uranium Clean-Up in Iraq Reuters, UK - 2 hours ago By Lisa Richwine. WASHINGTON (Reuters) - The US military should clean up depleted uranium ammunition scattered across Iraq to prevent ... Activist Urges Depleted Uranium Clean-Up in Iraq Yahoo News - 2 hours ago By Lisa Richwine. WASHINGTON (Reuters) - The US military should clean up depleted uranium ammunition scattered across Iraq (news ... To unsubscribe from this groups send a message to du-list-unsubscribe@yahoogroups.com. In the body of the message type unsubscribe and send. Yahoo! Groups Sponsor ADVERTISEMENT af70a.jpg af74d.jpg ---------- Yahoo! Groups Links * To visit your group on the web, go to: * http://groups.yahoo.com/group/du-list/ * * To unsubscribe from this group, send an email to: * du-list-unsubscribe@yahoogroups.com * * Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service. Attachment Converted: af70a.jpg: 00000001,07e0a2c3,00000000,00000000 Attachment Converted: af74d.jpg: 00000001,07e0a2c4,00000000,00000000 ***************************************************************** 26 [FOODIRRADIATIONCA] AB 1988 going to Assembly Floor! Date: Fri, 21 May 2004 14:39:18 -0700 (please forward widely) Protect parents Right to Know and Decide what their child eats at school! Support AB 1988! AB 1988 is headed to the Assembly Floor and may be heard as early as Monday, May 24 -- Contact your Assembly Member and urge him/her to vote YES for AB 1988. This bill requires school board approval before irradiated food can be served, requires schools to notify parents, label irradiated food, and provide a non-irradiated alternative. CALL or WRITE your Assembly Member TODAY! To find your Assembly Member, visit www.assembly.ca.gov and click on "Find My District" on the left side of the page. Scroll down for a sample phone rap and letter. Below is a list of target Assembly Members that need your phonecalls! Assemblyman Bermudez: 916-319-2056 Assemblyman Canciamilla: 916-319-2011 Assemblyman Correa: 916-319-2069 Assemblyman Dutra: 916-319-2020 Assemblyman Horton: 916-319-2051 Assemblywoman Liu: 916-319-2044 Assemblywoman Reyes: 916-319-2031 Assemblyman Salinas: 916-319-2028 Assemblyman Vargas: 916-319-2079 Assemblyman Wesson: 916-319-2047 Assemblywoman Wiggins: 916-319-2007 Assemblywoman Wolk: 916-319-2008 Sample Phone Rap: Hello, I am a constituent in Assembly Member __________'s district and I am calling to urge him/her to vote YES on Assembly Bill 1988. I firmly believe that parents deserve the right to know if their child is being served irradiated food in schools, and that alternatives should be provided. I also believe that the decision to serve these foods should be made by elected school board officials that are accountable to the public. Sample Letter: Dear Assembly Member ______________: I am writing to ask you to support AB 1988, the California Safe School Lunch Act. As you know, the United States Department of Agriculture (USDA) recently lifted the prohibition on the use of irradiated ground beef in the National School Lunch and National School Breakfast programs. Irradiation controversial technology being marketed by the meat industry and nuclear industry. I do not believe that enough research has been conducted to evaluate the long-term health effects of consuming irradiated food. Our children should not serve as laboratory experiments for a technology that has not been successful in the marketplace. While USDA has encouraged school districts to provide information to parents and students on irradiation, there is no actual requirement for them to do so. In addition, there are no labeling requirements currently in effect that would distinguish irradiated from non irradiated meals in schools The California Safe School Lunch Act would correct those problems. We require public input before a school district decides to serve irradiated food, protect parents' right-to-know, and give them the opportunity to make an informed choice on what their children eat in school. By passing this bill, California can lead the nation in providing nutritious, wholesome food to schoolchildren. I urge you to support AB 1988 and work for its enactment. Sincerely, Background In May of 2003, the USDA approved irradiated foods for the National School Lunch Program, which provides free or reduced price meals to needy schoolchildren. This USDA decision was made despite overwhelming opposition from parents, teachers, students, and concerned citizens who oppose serving irradiated food to children. Irradiation exposes food to extremely high doses of ionizing radiation in order to kill bacteria. In the process, nutrients are destroyed and new toxic chemicals are formed. Consumption of irradiated foods has been linked to numerous health problems in humans and animals, including reproductive dysfunction, fatal internal bleeding, and a rare form of cancer. Irradiation perpetuates the filthy and inhumane conditions in factory farms and slaughterhouses, which cause massive amounts of water contamination and degrade air quality. Irradiated foods have been rejected by consumers in the marketplace, and no population has ever consumed irradiated food as a substantive part of their diet. In February 2004 Assemblywoman Loni Hancock introduced AB 1988. This bill requires school board approval before a school can serve irradiated meat, requires schools to notify parents, label irradiated foods as such, and provide a non-irradiated meal option. To read the bill visit www.leginfo.ca.gov To learn more about irradiated foods and their inclusion in the National School Lunch Program, visit www.safelunch.org ~~~~~~~~~~~~~~~~~~~~~~~~~ Tracy Lerman Senior Organizer Public Citizen, California Office 1615 Broadway, 9th Floor Oakland, CA 94612 ph: 510-663-0888 x 103 f: 510-663-8569 tlerman@citizen.org www.citizen.org/california Keep irradiated food out of your child's lunch! Visit www.safelunch.org to find out more. ~~~~~~~~~~~~~~~~~~~~~~~~~ ********** To unsubscribe, please send a email to tlerman@citizen.org with "unsubscribe foodirradiationca" in the subject line. ***************************************************************** 27 Times of India: Foul play suspected in radioactive exposure FRIDAY, MAY 21, 2004 THE TIMES OF INDIA [http://indiatimes.com/epaper.html] SIDDHARTHA KASHYAP PUNE: In a shocking admission, chairman of the atomic energy commission (AEC) Anil Kakodkar on Friday said the cause of exposure of three employees at one of the units at the Bhabha atomic research centre (Barc) near Tarapore was a "disciplinary one, and not accidental." Speaking to reporters on the sidelines of a programme at the college of military engineering (CME), Kakodkar, who is also the secretary of the department of atomic energy (DAE) suspected foul play in the incident, and said a full inquiry has been initiated to find out as to how the "radioactive bottle’ was found at a place where it was not supposed to be. "Senior safety officials as well as an independent group are already investigating the incident," he said, admitting that is the first-of-its-kind incident at any of the nuclear establishments in the country. "It can’t be accidental, instead it an unusual incident," he said, however, adding that the employees have not been over-exposed to the radioactive liquid found in a bottle. Barc, in a statement, said the three employees received doses ranging from 0.04 to 0.03 Rem, which is very low exposure compared to the permissible annual dose of 2 Rem. Kakodkar said although a strict security regime is followed at all the Barc units, the committee is particularly looking into the administrative as well as security aspects of the issue. "A clear picture is likely to emerge after the committee submits its report," he added. The incident, which occurred on April 17 this year, was noticed by the personnel working in the laboratory. Some employees have even cited personal enmity between two employees as the reason behind the incident. Meanwhile Kakodkar said the indigenous design of the advanced heavy water reactor (AHWR) is currently undergoing safety evaluation. "We hope to get the approval from the government by this year-end," he said, adding that once that is done, the construction of the AHWR, which will use thorium as fuel, will begin immediately. "It will generate 300 MWe of nuclear power, and mark the beginning of the third phase of the country’s nuclear electricity programme in which thorium, will power a string of reactors. Kakodkar further added that this AHWR proposed at Kalpakkam will be treated as a "technology demonstrator for thorium utilisation. Copyright © 2004 Times Internet Limited. All rights reserved. | ***************************************************************** 28 Las Vegas SUN: Nevada asks federal auditors to look at Yucca Mountain contracts Today: May 21, 2004 at 10:01:47 PDT ASSOCIATED PRESS LAS VEGAS (AP) - The state of Nevada is asking federal auditors whether the Energy Department's contract with Yucca Mountain project managers violates federal law or ethics rules. State officials want the Energy Department inspector general to look at the agency's contract with Bechtel SAIC Co. LLC, the management and operations contractor on the planned national nuclear waste repository, 90 miles northwest of Las Vegas. The company's $1.88 billion contract includes incentives to earn $133.2 million for meeting deadlines and performing work to certain standards. The company has collected $48 million in fees since the five-year contract was initiated in February 2001, said Allen Benson, an Energy Department and Yucca Mountain spokesman in Las Vegas. Bechtel SAIC can qualify for an $11 million payment if it meets a July 26 deadline to finish a draft repository license application, according to the contract. Having a final licensing documents ready by Nov. 30 qualifies the contractor for another $15.3 million, while the company could earn $22.1 million if the Nuclear Regulatory Commission accepts the license application for formal review early next year. Bob Loux, director of Nevada's Agency for Nuclear Projects, described the payments as "exceptionally large bonuses," and questioned whether they might affect the contractor's work. Loux sent a letter Tuesday asking Gregory Friedman, the Energy Department's inspector general, to examine the contract. Officials from Bechtel SAIC and the Energy Department meet regularly with Nuclear Regulatory Commission officials to discuss license preparations. With millions of dollars in award fees at stake, Loux said there is risk project managers may lobby NRC to look favorably on their repository work. The Energy Department plans by the end of the year to submit to the Nuclear Regulatory Commission an application for a license to open and operate the Yucca Mountain repository. Plans call for entombing 77,000 tons of spent nuclear fuel and high-level radioactive waste now being stored at nuclear power plants and federal reactors in 39 states. On the Net: Yucca Mountain project: http://www.ymp.gov [http://www.ymp.gov] Nevada Office of Nuclear Projects: http://www.state.nv.us/nucwaste [http://www.state.nv.us/nucwaste] Information from: Las Vegas Review-Journal ***************************************************************** 29 AZ Republic: Fight over radioactive waste [http://www.azcentral.com/arizonarepublic/] May 21, 2004 Napolitano assails federal plan to truck material through state Billy House Republic Washington Bureau WASHINGTON - Gov. Janet Napolitano wants U.S. Department of Energy officials to scrap plans to transport more than 153 million pounds of high-level radioactive waste through Arizona from an Ohio nuclear cleanup site for disposal in Nevada. "DOE's effort to bring this dangerous waste through Arizona appears to be a violation of applicable federal and state laws," Napolitano wrote in a May 11 letter to Jessie Roberson, assistant secretary for environmental management. Nevada state officials, who say they were briefed by the DOE of its plans in February, also oppose transportation of the material from the former Fernald uranium processing plant to the Nevada Test Site, about 65 miles northwest of Las Vegas. They are threatening a lawsuit to stop it. Lori Faeth, Napolitano's policy adviser for natural resources and the environment, said Thursday that the DOE has yet to respond to the governor's letter, provide a timetable for when the shipments will travel through the state or other basic details. Arizona officials said they learned of the plan earlier this month. "We know the volume of the shipments: 7,000 containers," Faeth said. "What we don't know is the type of packaging and whether the Nevada site is truly a legal place for it to go. We certainly don't want high-level radioactive waste coming through the state, if that's what we're getting." DOE spokesman Thomas Welch on Thursday would not discuss the material to be transported from Fernald to the Nevada Test Site, where the U.S. conducted underground testing of nuclear weapons for nearly four decades. But Welch said the Energy Department had reported as early as 1994, in a formal "record of decision," that it had identified the Nevada Test Site as the preferred disposal site for the Fernald waste. Welch said any of the states through which the material will travel will get plenty of advance notice. "There will be a rolling schedule sent out to all the states affected, with specific arrival and departure times for their states, sent out eight weeks in advance," Welch said. "In other words, states will be notified beforehand. "Rail shipments have been determined not to be a viable option," he said. The material prompting concern is waste now stored in three concrete silos at Fernald, a facility used from 1951 to 1989 to process uranium metal for use in government reactors elsewhere to produce nuclear weapons. The material is uranium-ore sludge residue and powdery wastes, some of which is more hazardous than it is being classified by DOE, asserted Marta Adams, a senior deputy attorney general for Nevada who said officials of that state were briefed by the DOE in February. The shipments are to begin this year and continue until 2006 from Fernald, where cleanups have been under way for more than a decade. The Nevada Test Site is a desert area the government has been using for disposal of low-level radioactive waste since 1961, including other wastes from Fernald. This program has been overshadowed by the debate over the federal government's plans to ship high-level nuclear waste to Yucca Mountain, which borders the test site. But Adams said that under federal environmental law, the waste cannot be disposed of at the Nevada Test Site because it is more radioactive than low-level waste, and is mixed with the other hazardous wastes, such as lead and arsenic. The mixture requires a disposal site with lined trenches to keep the materials from leaching and a monitoring program for nearby water sources. The Nevada site does not have those features, she said. Adams added: "Once (the waste is) removed from the silos in Fernald, there'll be a host of problems. One of the biggest is air emissions; this has a very high radon content." She said these air-emission concerns become exacerbated while the waste is being transported. "What we know is that the public officials, certainly the governor of Arizona is one of them, should be cognizant of what travels around their state - especially if it (the waste) does not have a legitimate home to go to," Adams said. Nevada Attorney General Brian Sandoval sent the DOE a letter saying he intends to sue in federal court if it does not halt the plan to move the waste to that state. Nevada also is in the process of notifying as many as 15 other states that could find themselves along the transport route. In her letter to the DOE, Napolitano wrote, "It is my understanding that the waste destined for transport and disposal at NTS may amount to as much as 153.6 million pounds of material at Fernald with a volume of at least 378,000 cubic feet." She added, "I understand that there are other hazardous constituents in this waste and they may well exceed the standards established by the Resource Conservation and Recovery Act." Napolitano noted that the DOE previously shelved a plan to ship the waste to the privately operated commercial disposal facility in Utah, which is licensed by Utah and the Nuclear Regulatory Commission for the safe management of radioactive and mixed wastes. The governor wrote that "the radioactive concentration is evidently too high" for disposal there. "Therefore, it is difficult to understand why DOE is proceeding to prepare to ship the materials to a site that apparently does not meet these requirements," Napolitano wrote. Reach the reporter at billy.house@arizonarepublic.com [billy.house@arizonarepublic.com] . Copyright 2004, azcentral.com. All rights reserved. USA Today ***************************************************************** 30 Salt Lake Tribune: N-storage provision in bill worries Utahns May 21, 2004 By Christopher Smith WASHINGTON -- Although environmental groups warned of possible danger to Utah from language buried in a Senate defense budget bill Thursday that changes the status of radioactive waste in South Carolina, the sponsor of the measure and the state's federal lawmakers discounted such claims. "What we are doing in South Carolina only affects South Carolina," Republican Sen. Lindsey Graham said. His provision, inserted into the spending bill, allows the Department of Energy to treat as less-dangerous waste millions of gallons of radioactive leftovers from Cold War plutonium processing. This would change the 1982 Nuclear Waste Policy Act requirement that such wastes be shipped to a planned permanent repository in Nevada. Environmentalists urged Utah Republican Sens. Bob Bennett and Orrin Hatch to join a bipartisan move to strip the nuclear waste reclassification from the Senate version of the defense spending bill, claiming that it could open the door to the South Carolina waste coming instead to Envirocare of Utah, which is licensed to accept low-level radioactive waste for disposal at its Tooele County landfill. "This amendment is arguably limited to South Carolina alone, but it is strangely drafted," said Geoffrey Fettus, a lawyer for the Natural Resources Defense Council. "If DOE is allowed to reclassify stuff in South Carolina that would be high-level anywhere else, it could set a template to allow it to be shipped elsewhere, such as Envirocare." No thanks, said officials with the Utah landfill. "We don't want it, we are not interested in it, it's not a part of our plans and never has been, and it would never qualify to come here," said Tim Barney, Envirocare senior vice president in Salt Lake City. Legislative analysts for Hatch and Bennett consulted with state Division of Environmental Quality officials and found no threat to Utah from the Graham provision. "There's not really a Utah dog in this fight," said Mary Jane Collipriest, press secretary to Bennett. "Once this waste crosses the South Carolina border, it is classified as high-level waste, which is illegal in Utah." Bennett last year inserted wording into an omnibus spending bill that effectively blocked any Utah disposal of "hotter" radioactive waste from atomic weapon cleanup sites in Ohio and New York until state officials assumed oversight of the Envirocare facility. Fettus said the latest nuclear waste reclassification provision was an "end run" around an Idaho federal judge's recent ruling that blocked DOE's plan to reclassify waste inside rotting storage tanks. Because of cost savings, the agency wants to pump out most of the liquid and fill the tanks with concrete grout. DOE contends the grouting process would justify reclassifying the waste as low-level. Graham said the provision allows the leaking tanks at Savannah River to be cleaned up 23 years ahead of schedule, saving taxpayers $16 billion. Sen. Maria Cantwell, D-Wash., condemned the deal because of the precedent it might set for waste in her state, home to the Hanford Nuclear Reservation and 53 million gallons of highly radioactive sludge from reprocessing plutonium. "One change in the [Department of Defense] bill and billions of gallons of waste in my state is now no longer highly radioactive waste," said Cantwell, who staged a mini-filibuster over the provision Thursday afternoon, refusing to yield the right to speak to any other senator on the floor until leadership agreed to postpone a vote on the Graham amendment and the entire military spending bill until after the Memorial Day recess. Copyright Salt Lake City Tribune ***************************************************************** 31 Las Vegas RJ: Auditors asked to review Yucca managers' contract Friday, May 21, 2004 State official questions `large bonuses' By STEVE TETREAULT STEPHENS WASHINGTON BUREAU WASHINGTON -- The state of Nevada has asked federal auditors to examine whether the Energy Department's contract with managers for the Yucca Mountain Project may violate federal laws or ethics rules. State officials are targeting the department's contract with Bechtel SAIC Co. LLC, the management and operations contractor on the nuclear waste repository program. The company's $1.88 billion contract includes incentives to earn $133.2 million for meeting deadlines and performing work to certain standards. The company has collected $48 million in fees since the five-year contract was initiated in February 2001, said Allen Benson, an Energy Department spokesman in Las Vegas. In the coming months, Bechtel SAIC can qualify for an $11 million payment if it meets a July 26 deadline to finish a draft repository license application, according to the contract. Having a final licensing documents ready by Nov. 30 qualifies the contractor for another $15.3 million, while the company could earn $22.1 million if the Nuclear Regulatory Commission accepts the license application for formal review early next year. But Bob Loux, executive director of Nevada's Agency for Nuclear Projects, described the payments as "exceptionally large bonuses," and questioned whether they might be coloring the contractor's work. Loux sent a letter on Tuesday asking Gregory Friedman, the Energy Department's inspector general, to examine the contract. Officials from Bechtel SAIC and the Energy Department meet regularly with Nuclear Regulatory Commission staffers to discuss license preparations. With millions of dollars in award fees at stake, Loux said there is risk project managers may lobby NRC to look favorably on their repository work. Loux compared the awards to paying bonuses to legal experts in a court case if a judge accepts their testimony, a practice that "is normally illegal, and always unethical." "These bonuses to DOE's experts are not at all like the usual ones to encourage contractor performance," Loux wrote to Friedman. Loux said in an interview the state has not identified specific laws or regulations that might be in violation. An Energy Department spokesman in Washington did not comment. A representative for Friedman was not available on Thursday. Copyright Las Vegas Review-Journal ***************************************************************** 32 Bellona: £480m nuclear plant does not deliver More than two years after it was commissioned, the Sellafield MOX Plant—a hoped-for jewel in the crown of Britain’s financially battered British Nuclear Fuels Plc—has yet to produce a single assembly of mixed plutonium and uranium oxide, or MOX, fuel. Sellefield's MOX Plant, or SMP, which has yet to produce a single MOX fuel assembly. BNFL Erik Martiniussen, 2004-05-21 08:11 British Nuclear Fuel Plc, or BNFL blamed the delays on the complexity of commencing operations at such a facility, but the perpetual delays are losing BNFL’s customers and may jeopardizing the prestigious new plant’s reputation on the international market. Responsible parties at BNFL could not be reached to comment on when the SMP may begin production. The Sellafield MOX Plant, or SMP, was given the green light to start producing MOX-fuel in December 2001 by none other than British Prime Minister Tony Blair who personally pushed the project through despite vociferous opposition from Michael Meacher, Blair’s former Environmental Minister. Since then, BNFL, the plant’s operator, has had serious trouble with the production, and the facility has yet to produce a single MOX fuel assembly. Important plant MOX-fuel is a nuclear fuel made from the oxides of uranium and reprocessed plutonium. On paper, the £482 million plant is engineered to produce 300 tonnes of MOX fuel per year. At the moment, some 80 tonnes of reprocessed plutonium is stored at Sellafield. Because the SMP intends to utilise both reprocessed plutonium and uranium for MOX production, the plant has serious environmental and security implications for the future operation of the entire Sellafield complex. The delays in MOX production at Sellafield are having a measurable impact on the company’s reputation and are putting future contracts under a cloud. At the moment, BNFL has secured only about half the number of contracts it needs to run the SMP for its first 10 years. Its biggest contract is with the German Power Company E.ON AG. According to Greenpeace, the E.ON AG contract entails converting 5.8 tonnes of German plutonium into MOX. BNFL believes that the contract with E.ON AG will engage some 15 percent of the SMP’s capacity for the job. There are 13.6 tonnes of plutonium stored by various German companies at Sellafield. But the true cash-cow that BNFL has yet to attain are lucrative contracts with Japan, which are essential if the SMP is to ever generate a profit. In a statement, BNFL admitted that progress at the SMP had been "disappointing" but said that delays were to be expected when commissioning a complex plant. The statement read that customers were being kept "informed.” BNFL Announces £1 Billion Loss Atomic energy giant British Nuclear Fuels, or BNFL, announced lasst October a loss of more than £1 billion for the last fiscal year, blaming the high cost of decommissioning nuclear power plants and persistent technical problems at the company’s controversial Sellafield reprocessing plant for its financial beating.  Read on » [http://www.bellona.no/en/energy/nuclear/sellafield/30322.html] First contract a let-down The MOX-plant has already let down its first customer, Nordostschweizerische Kraftwerke (NOK) of Switzerland by failing to deliver a MOX fuel order for that country’s Beznau nuclear power plant in time for Beznau’s annual refuelling. Delays in the plutonium commissioning at the SMP have dashed all hopes that the Swiss order will even be manufactured, let alone delivered. An independent report commissioned by the British government showed that the SMP will, at best, earn only £216 of the £460 million it cost to build the plant. These figures, however, may fluctuate for the better if possible contracts with the Japanese materialise. According to British daily Independent, British Energy Minister Stephen Timms is visiting Japan this week in an attempt to rescue the plant. But Timms will have a tough sell—Japanese utilities are still smarting from a 1999 scandal in which BNFL-manufactured MOX fuel arrived in Japan with falsified quality assurance data. As such, Tokyo still appears to lack confidence in BNFL’s ability to produce MOX fuel. Piling more injury on BNFL’s attempts to secure Japanese MOX contracts are reports that Japan’s Kansai Electric has announced its intentions to sign MOX fuel contracts with France’s nuclear giant—and BNFL’s stiffest competition—Cogema. Yet another setback between BNFL and its Japanese customers occurred during Spring of 2001 when citizens living near Japan’s largest nuclear power plant voted against the use of MOX fuel in a referendum. Martin Forwood, of the environmental group Cumbrians Opposed to a Radioactive Environment (CORE), issued a statement saying: “With its reputation already in tatters, the kindest thing would be to put the[SMP] plant out of its misery and close it down right away.” Dirty bombs A number of experts have expressed concerned that new MOX fuel can easily be utilised by terrorists to construct so-called “dirty bombs,” and have consequently recommended against granting the MOX-plant its licence to operate. The Irish government has also vigorously protested against the SMP and has brought two suits against Great Britain in connection with the opening of the new plant. The first case concerned Great Britain’s responsibility under the terms of the OSPAR convention to inform neighbouring countries about its intentions to construct and operate such a potentially hazardous plant. Britain Must Consult Ireland Over Sellafield Although Irish requests to halt MOX production at Sellafield were denied, The Hague arbitration court mandated that the United Kingdom must improve its discussions about the reprocessing facility’s activities with Dublin. In the suit, Ireland claimed that the British government had withheld information that was crucial for an analysis about the necessity of opening such a plant. Ireland furthermore charged that the plant was in violation of certain provisions in the UN Convention on the Law of the Sea (UNCLOS), pointing out that the increased number of MOX fuel transports by ship that would accompany the opening and operation of the plant constitute an unacceptable risk to the environment. Both cases have been heard in the Permanent Court of Arbitration at The Hague. While the court dismissed the first case in early July 2003, the second case is still under consideration. So far, the arbitration tribunal has criticised Great Britain for its lack of co-operation with Ireland concerning nuclear safety, and has ordered the two countries to work together more closely on nuclear safety. Publisher: Bellona Foundation [bellona@bellona.no] , President: Frederic Hauge [frederic@bellona.no] Information: info@bellona.no [info@bellona.no] , Technical contact: webmaster@bellona.no [webmaster@bellona.no] Telephone: +47 23 23 46 00 Telefax: +47 22 38 38 62 * P.O.Box 2141 Grunerlokka, 0505 Oslo, Norway ***************************************************************** 33 Bradenton Herald: Tallevast warnings were lost in shuffle | 05/21/2004 | DANA SANCHEZ and KEVIN O'HORAN Herald Staff Writers TALLEVAST - Groundwater pollution from the former American Beryllium Co. plant was reported to Manatee County's Environmental Management Department in early 2000, three years before nearby residents were informed, Lockheed Martin Corp. asserts. Dan Batrack, project manager for Tetra Tech, the engineering firm that found contamination at the plant, said reports of contamination were sent to the county before and after the discovery of a sump pump leak at the plant in 2001. The claim brought a blunt denial by the county's top environmental administrator, as well as a sharp rebuke on how many reports or communications actually have made it to the county from Lockheed or the company's consultant, Tetra Tech Inc. "If they sent them, I don't know what happened to them," said Karen Collins-Fleming, director of Manatee's environmental unit. "What I have in my files is what I listed in my agenda package to the board (Tuesday)," she added, referencing a list that covers four documents - two letters and two reports. The flap over reports and reporting is the latest in a line of miscommunications between the company, the county and the Florida Department of Environmental Protection, the agency that oversees pollution cleanup projects in the state. Crews working for Lockheed initially reported finding pollutants at the site in January 2000, slightly more than three years after the aerospace giant bought the plant and others like it around the country in a $9 billion purchase of Loral Corp.'s defense and satellite holdings. More interested in other Loral sites, Lockheed immediately closed the Manatee plant at 1600 Tallevast Road and put it on the market. When WPI Interconnect Products Inc. agreed to buy the facility, Lockheed agreed to test for contamination - and clean any found. And they found it. Petroleum in soil at the site, and beryllium, chromium, trichloroethylene and others in groundwater there. They reported their findings to Manatee County in letters, the first noting the petroleum and dated Jan. 20, 2000, and the second, dated Jan. 28, 2000, noting the metals and solvents. The letters Both letters, copies of which have been maintained in the DEP's Southwest District office in Tampa, carry a stamp announcing: "RECEIVED Jan 31 2000 E.M.D." EMD is the county Environmental Management Department. Collins-Fleming said she doesn't remember ever seeing either letter, both of which were addressed to Paul Panik, then and now a member of the department. Upon seeing copies of the letters from DEP files Thursday, Collins-Fleming acknowledged that the stamps were indeed EMD stamps. The letters leave a trail of dates and acknowledgements of receipt that provide an explanation for why her office did not have copies, she said. It appears the letters were sent to Manatee County in error, she said. As the agency in charge of cleaning up large industrial facilities, DEP, not EMD, should have received the letters. Which explains why Panik sent the letter straight on to DEP, she said. "I think Lockheed confused us with DEP," Collins-Fleming said. "Lockheed did not contact DEP directly. My staff member got the thing and immediately referred it out to DEP, and he didn't let me know that it had come in so that's why I don't have a copy." When the Herald asked to speak to Panik, Collins-Fleming said she would speak publicly for the department and its employees. She said there is a separation of duties and responsibilities between local county programs and DEP programs. The county's environmental management department has compliance programs for small-scale pollutants, like gas tanks and fuel storage. Receipt of the letters wouldn't have triggered any action on the part of the EMD, she said. "I think that's going to change," she said. "I think the communication process should change. DEP should be talking to us sooner in their process." The earliest correspondence the county has on file, she said, is an Aug. 8, 2002, letter noting that Tetra Tech had submitted a contamination assessment report to DEP. But, she added, the earliest document the county has on file noting contamination off-site was a December 2003 report from Tetra Tech, not the 2001 report Tetra Tech said went out. "We received that Christmas Eve 2003," she said. "That was the first hint we had that something was wrong." Tetra Tech and Lockheed officials stood by their claim. Documented findings In 2001, Batrack said, crews discovered leaked cleaning solvents as they finished off a DEP-monitored excavation of petroleum-fouled soil from sumps at the plant. Noting the presence of stagnant water, he said, the company opted to install monitoring wells on- and off-site to gauge the extent of contamination. And they promptly recorded it. "We notified the (Florida) Department of Environmental Protection immediately to say we found the leak," Batrack said. Including, he added, copies shipped off to Manatee County. Meredith Rouse Davis, senior manager of corporate affairs for Lockheed, echoed the timing. The news did little to placate Jonathan Bruce, a county commissioner spearheading an effort to revamp and speed up the process to notify the public about contaminated sites. Tallevast residents, he noted, didn't learn about the American Beryllium contamination until nearly four years after Lockheed first discovered it. And they didn't find out about the solvents reaching groundwater off-site until they approached Lockheed in October 2003. While conceding the county needs to get its house in order, he wasn't about to ease the pressure on the company - or the state environmental agency - to open up its lines of communication. "I never saw the reports, so I'd like to know where they sent them," he said Wednesday. "This is exactly why we need to get everybody working on the same page, why we need to get out in front of this." Bruce already has opened talks with Rep. Bill Galvano, R-Bradenton, about writing a county notification policy and/or crafting a state law that would require DEP leaders to come forward with findings rather than sit on them until a cleanup plan is in place, as is current practice. A county version should hit the commission for a public debate no later than the fall, Bruce said. "Depending on what is presented, it could be a fast process after that," he said Whatever policy comes forward, whether at the county or state level, also should include a change in who sees the reports, said Manatee Commissioner Gwen Brown. "Your public health (department) needs to be notified immediately," Brown told Collins-Fleming, "and you guys." That doesn't appear to be the case with American Beryllium, regardless of what report went where and when. Health official responds Gladys Branic, director of the Manatee County Health Department, a branch of the state health agency, said she first learned about pollution at the site when she read about it in the Herald two weeks ago. No agency or company had approached the department before that, she noted, a move that might have triggered a health study only kick-started within the past two weeks by DEP after contamination stories hit newsstands. Now, Branic said, the health department's team of toxicologists and epidemiologists - researchers who track illnesses - will assess the area for contamination and associated health risks, both immediate and long term. But the study could take a year or more to complete. "We are an evidence-based organization," Branic said. "As soon as we find out about health concerns, we approach it in a scientific manner. We first listen to the concerns. Then we consider what the test results show." As that moves forward, and as Bruce and Galvano cobble a communications plan, DEP officials say they'll be back in Tallevast today to test drinking water wells for contamination. The agency had teamed with Manatee County, Lockheed and FOCUS, a Tallevast-based community activist group, to scour the area last Friday and come up with a list of 17 drinking water wells that tap into the groundwater. DEP will notify Tallevast residents directly of the well testing results, as well as post the findings in the newspaper, said Merritt Mitchell, a spokeswoman for the agency. Lockheed already had announced plans for such testing, agreeing to split samples with FOCUS and pay for the group's laboratory tests. The company also plans to sample soil and monitoring wells on- and off-site, Batrack said, with full-scale cleanup slated for late this year. "We don't expect the contamination to spread too far," he said. ***************************************************************** 34 Pahrump Valley Times: Citizen Alert hosts repository meeting May 21, 2004 The community is invited to discuss the proposed Caliente nuclear waste rail corridor and other environmental issues impacting Nye County with Citizen Alert Thursday at the Bob Ruud Community Center, from 6 to 8 p.m. The meeting will include a report by Citizen Alert that describes the economic and social impact that the waste isolation pilot plant near Carlsbad, NM, Pahrump's sister city, has had on their community. Citizen Alert is a grassroots organization that was implemented in 1975 to assure public participation and government accountability on issues affecting the land and people of the state. The meeting will provide an opportunity for county residents to voice their opinions and concerns about the safety of nuclear waste transportation, Citizen Alert executive director Peggy Maze Johnson said. The forum will also be an opportunity to discuss health care and water issues. Citizen Alert will hold similar meetings all around the state throughout the coming months. The information that they gather will go to local, state and federal decision-makers. "These town hall meetings are vital because individual citizens often feel left out of public policy decisions and don't think their opinions count," Johnson said. At a recent meeting held May 3 with the Department of Energy, discussing the proposed rail corridor, residents gave their comments to a stenographer, rather than addressing department officials. For comment or questions, please e-mail webmaster@pahrumpvalleytimes.com [webmaster@pahrumpvalleytimes.com] Copyright © Pahrump Valley Times, 1997 - 2003 ***************************************************************** 35 Pahrump Valley Times: Safety testing for casks designed to boost morale May 21, 2004 By STEVE TETREAULT PVT WASHINGTON BUREAU WASHINGTON - Seeking to boost public confidence in radioactive waste handling, the Nuclear Regulatory Commission has authorized new safety testing of a full-sized cask designed to carry spent nuclear fuel to Yucca Mountain. Agency officials said that putting a 150-ton shipping container through a 75 mph crash and then a "fully engulfing" fire would confirm their safety requirements for nuclear waste casks that are largely based on scale model testing and computer calculations. A disaster demonstration involving an 18-foot-long cask might also build public acceptance of a government campaign to transport 77,000 tons of nuclear waste and spent fuel to the proposed Nye County repository, they said. But the NRC's action, signed by the agency's three commissioners and disclosed in a May 5 staff memo, got thumbs down from Nevada representatives on Monday. They said the planned testing falls short of what is necessary to measure cask safety. "The staff requirements memo is completely unacceptable," said Robert Halstead, a Wisconsin-based transportation authority and Nevada nuclear waste consultant. The tests will highlight an important element of the Yucca Mountain Project. Government and industry officials say the safety of a 24-year Yucca shipping campaign will depend in large part on the durability of the steel casks that will shield highly radioactive fuel assemblies. Nevada officials had lobbied heavily to get the nuclear safety agency to order more comprehensive tests. The state advocated full-scale testing of several truck cask designs, as well as casks that will be carried by railroad to a Yucca repository. The state also pushed for rigorous stress testing to determine a cask's breaking point. Nuclear Regulatory Commission staff rejected the idea of "testing to failure," saying there are no realistic accident scenarios that could cause a cask to rupture or leak. Halstead said state officials might ask Congress to intervene, saying testing that will not yield the most useful information will shortchange taxpayers. He estimated the cask testing would cost between $35 million and $40 million. A full-size rail cask alone could cost the government between $1 million and $3 million, industry officials have said. "We would like to have a discussion with the commissioners before a line is drawn in the sand," Halstead said. "We're not looking for an unnecessary fight but we're not going to back down and let them ruin the only opportunity for full-scale testing." Sen. Harry Reid, D-Nev., is drafting a bill that would require the NRC to conduct physical tests on full-scale versions of all designs for casks that would carry nuclear waste to the state by truck and by railroad, aides said Monday. Each design would be tested to determine its failure point, the aides said. The cask provisions will be part of a bill that also will address route selection and other transportation aspects of the Yucca Mountain Project, they said. The legislation may be introduced in a month or so, they added. Most of the NRC's cask testing activity would take place in 2006 and 2007, according to a staff memo. An agency spokesman said the cost for the option identified by commissioners was $11.3 million, but that estimate will likely be revised upward. The testing would be conducted either at a facility in Colorado, or at the Sandia National Laboratories in New Mexico, where cask experiments were conducted during the late 1970s, the spokesman said. NRC commissioners said in the memo that testing may be expanded in the future to include truck casks "if DOE selects a truck cask design and provides sufficient funding to support the testing." David Blee, spokesman for the U.S. Transport Council, a nuclear waste shipping consortium, said the NRC staff made the correct decision to reject testing casks to failure. He said such tests would represent a major departure from NRC practice. "We think the public demonstrations will show the robustness of the transport casks and it would be a valuable exercise," Blee said. For comment or questions, please e-mail webmaster@pahrumpvalleytimes.com [webmaster@pahrumpvalleytimes.com] Copyright © Pahrump Valley Times, 1997 - 2003 ***************************************************************** 36 FT: Europe to block freeze on nuclear processing By Stephen Fidler in London Published: May 21 2004 21:48 | Last Updated: May 21 2004 21:48 Opposition from Washington's European allies to a White House proposal to freeze the number of states with nuclear enrichment and processing technology has sunk any chances of an agreement on the issue at next month's summit of the Group of Eight nations. The US had hoped for an agreement on the proposal at the G8 summit at Georgia's Sea Island, which will bring together leaders of the Group of Seven industrialised nations and Russia. US President George W. Bush made the proposal in a February speech. He said the freeze would close a loophole in the Nuclear Non-Proliferation (NPT) Treaty that allowed countries to produce nuclear material for weapons under cover of a nuclear energy programme, as he said North Korea and Iran had done. The president said existing producers could supply nuclear material to countries that needed it for nuclear reactors. But he said that the 40 countries in the Nuclear Suppliers Group should refuse to sell enrichment and processing technologies to countries that did not already possess functioning plants producing nuclear materials. But US and European officials say Italy has expressed its outright opposition to the freeze, while other countries, such as Britain and France, have suggested alternatives to it. Italy says the US approach would create two categories of "haves" and "have-nots", which was not envisaged by the NPT. It would also run counter to the Euratom agreement among European governments, which in effect guarantees a free market in nuclear technology. A knowledgeable Italian official said Italy had no plans to acquire nuclear enrichment or processing technology. "We are not at the moment planning it but we don't want to create a system where we are definitively prevented from having it," he said. France and Britain have proposed other schemes to curb the spread of this technology. "Theirs are much more subjective and under certain circumstances you could argue Iran could be entitled to it," said a senior US official. "Unquestionably under the British and French proposals Taiwan and South Korea would be entitled to it. I'm not saying Taiwan or South Korea are about to go for nuclear weapons but just imagine how China would feel if Taiwan just ramped a uranium enrichment capability, or how Japan would feel if South Korea decided it wanted it. "The president's proposal is a very strict one and that's obviously what's causing the pain, but you have to ask yourself, if you're not willing to be strict, how you're going to find a meaningful way to reduce access to the technology." G8 leaders agree on other anti-proliferation proposals from Mr Bush, including his suggestion that all members of the NPT should sign the additional protocol - which makes it much harder for countries to avoid detection of clandestine nuclear programmes. The eight are also in agreement on making signing and ratification of the protocol a condition of supply by the Nuclear Suppliers Group for advanced nuclear technology. © Copyright The Financial Times Ltd 2004. "FT" and "Financial Times" are trademarks of the Financial Times. ***************************************************************** 37 Pahrump Valley Times: Budget cuts could delay Yucca project May 21, 2004 By STEVE TETREAULT PVT WASHINGTON BUREAU WASHINGTON - Energy Department officials are preparing a report on the impact of potentially deep budget cuts in the Yucca Mountain Project, including calculations of layoffs and delays in the program to establish a nuclear waste repository in Nye County. The report is being put together in the form of a letter to Rep. David Hobson, R-Ohio, chairman of a House subcommittee that is preparing to write an energy and water project spending bill for next year. Hobson told Energy Secretary Spencer Abraham in an April 29 letter that DOE might get only a fraction of the $880 million it requested for the repository in fiscal year 2005, which begins Oct. 1. Hobson repeated his warning on Wednesday in a speech to the U.S. Transport Council, an association of nuclear waste shippers. "I don't believe in coming here and telling you everything is rosy, because it is not," Hobson said. "I don't have the money." The Energy Department plans to file a repository license application in December and has stepped up its strategizing to transport highly radioactive spent nuclear fuel from reactors in 34 states to the Nye County site. The department has projected a 2010 repository opening. But the Yucca Mountain budget has become complicated by a Bush administration request that Congress reclassify a portion of the fund that pays for the repository program. The reclassification, essentially a change in how the money is counted for budgeting purposes, has run into roadblocks, creating a shortfall in how much money may be available for Congress to spend on the Yucca project, Hobson said. As a result, Hobson said, the bill his subcommittee passes may be limited to $131 million for the repository. The Senate or a conference committee could add money later in the year. "I don't have the flexibility to steal money from other accounts in the energy and water bill to make up for shortfalls in Yucca Mountain," Hobson said. This is not the first time the Yucca Mountain Project has faced a severe budget crunch. In 1995, the Clinton administration requested $630 million along with a budgeting change that proved unpopular in Congress. The Energy Department ended up with only half its requested amount, forcing a major restructuring and hundreds of layoffs amounting to a third of its contractor workforce, officials said. Hobson said he is trying to persuade the White House to send Congress an amended DOE budget that restores Yucca Mountain funding, or to shift money from nuclear weapons programs or environmental cleanups to the repository effort. Another possible option might be for the White House to carry out the budgeting change administratively, Hobson said. But Rick Mertens, energy branch chief of the White House budget office, said, "In our view that is not something the executive branch can unilaterally do. "We're looking at he options and there aren't any easy ones," Mertens said. Hobson said the Bush administration took "a poor gamble" by pushing to reclassify the nuclear waste fund in the face of obvious opposition from Nevada's senators who oppose any initiative that would make it easier for the government to send nuclear waste to the state. Sens. John Ensign, R-Nev., and Harry Reid, D-Nev., blocked the proposal in the Senate Budget Committee earlier this year. Aides said they are watchful for other attempts to get it passed. Hobson characterized the administration's Yucca Mountain budget plan as "a three-way bank shot." "I don't think you could pull this off in the Senate when the Nevada senators have their hands in all the pockets," he said. For comment or questions, please e-mail webmaster@pahrumpvalleytimes.com [webmaster@pahrumpvalleytimes.com] Copyright © Pahrump Valley Times, 1997 - 2003 ***************************************************************** 38 NPR : Nuclear Waste Debate Stalls Defense Bill in Senate [http://www.npr.org/] [audio icon] Morning Edition audio May 21, 2004 Senate action on a defense spending bill is stalled by a debate over a provision buried in the bill that would reclassify South Carolina's nuclear waste as low level. Sen. Lindsey Graham, a South Carolina Republican sponsoring the bill, says it would save billions of dollars and decades in cleanup efforts. Critics -- including South Carolina Democrat Sen. Fritz Hollings -- denounce the move as an attempt to bypass debate on an important scientific issue. Hear [http://www.npr.org/about/people/bios/dwelna.html] . (Information collected by NPR will be used solely for internal NPR or NPR member station purposes and only if you selected 'yes' above. See NPR's [http://www.npr.org/about/privacypolicy.html] for more information.) ***************************************************************** 39 NPR: Nuclear Waste Clean-Up Plans Fuel Debate [http://www.npr.org/] Programs and Schedules All Programs Groups Question Government Plans for Radioactive Materials [audio icon] Morning Edition audio [A nuclear waste storage tank, filled to the top with nuclear waste, sludge and salts.] A DOE storage tank, filled to the top with nuclear waste, sludge and salts. Credit: Department of Energy Enlarge Image Storage Tank After Clean-Up See a DOE tank after its nuclear waste has been removed. [http://www.npr.org/programs/morning/features/2004/may/nuclearwas te/after.html] May 21, 2004 -- The Senate is immersed in a floor fight over nuclear waste clean-up. A bill now under debate would allow the Department of Energy to leave what could be millions of gallons of high level waste in old underground tanks. The DOE says the material, left over from nuclear weapons production, won't pose a hazard. But opponents contend it could leak out, contaminating rivers and groundwater. At question are nuclear waste storage tanks in Washington state, Idaho and South Carolina. The DOE says it can remove more than 99 percent of the radioactive sludge from the tanks, and seal the remaining traces in concrete or grout. But environmental groups say studies haven't convinced them that the grout prevents small leaks over time. NPR's David Kestenbaum [http://www.npr.org/about/people/bios/dkestenbaum.html] reports. Related NPR Stories U.S. Eyes Security Reforms for Nuclear Sites [http://www.npr.org/features/feature.php?wfId=1888675] U.S. Eyes Security Reforms for Nuclear Sites [http://www.npr.org/features/feature.php?wfId=1888675] The Science of Yucca Mountain [http://www.npr.org/programs/atc/features/2002/july/yucca/] The Science of Yucca Mountain [http://www.npr.org/programs/atc/features/2002/july/yucca/] Web Resources •DOE's Office of Civilian Radioactive Waste Management [http://www.ocrwm.doe.gov/] •Natural Resources Defense Council's Position on Nuclear Waste Clean-Up [http://www.nrdcaction.org/action/index.asp?step=2&item=52103] (Information collected by NPR will be used solely for internal NPR or NPR member station purposes and only if you selected 'yes' above. See NPR's privacy policy [http://www.npr.org/about/privacypolicy.html] for more information.) ***************************************************************** 40 CCDR: Final word on Cotter? 5-21-04 [Canon City Daily Record - Canon City and the Royal Gorge Region, Colorado] [http://www.canoncitydailyrecord.com] State health official says license dispute could end up in court battles for years Dennis Bloomquist Daily Record Staff Writer When the Colorado Department of Public Health and Environment issues Cotter Corp.'s preliminary hazardous materials license in December, it may appear to be the final word on the future of the uranium mill. But don't count on it, said Steve Tarlton, unit leader of the Radiation Management Division of the Colorado Department of Public Health and Environment at Thursday's public relicensing hearing at the Quality Inn. Tarlton said the license decision may be the start of protracted court battles. A decision analysis and preliminary license will be issued by Dec. 14, no more than 270 days after the Fremont County Commissioners responded to an environmental assessment of the activities proposed in Cotter's license application, Tarlton said. But that may be only one bend in a long road to Cotter's next five-year operating license, Tarlton said. "We will issue the preliminary license, then there can be challenges by the licensees or other people," he said. "Then, we'll have a formal adjudicatory hearing in early 2005. This could end up in a court setting." Tarlton said the licensing decision is likely to dissatisfy either Cotter or the mill's opponents. "There may be a third alternative that makes everyone happy," he said. "But we're not optimistic about that third alternative." Tarlton showed a slide illustrating that Cotter's license could permit: + Current operations, which Tarlton called the "uranium mill" option. + Additional operations, including direct disposal of materials from other sites. + Restricted operations. + No operations, initiating decommissioning and cleanup that Tarlton estimated would take 10-15 years. The health department has maintained Tarlton and radiation division director Gary Baughman were likely to decide on Cotter's license. However, Tarlton said Thursday the health department's executive director Douglas Benevento will make the final determination. Several speakers hammered home three points: + Cotter should be ordered to immediately decommission and begin cleanup. + Maywood soils and direct other disposal materials should not be accepted. + The health department needs to schedule another meeting in three months to give Cotter time to fill in gaps in its five-volume application, and citizens time to review a more complete document. Emily Tracy, Democratic candidate for Colorado House District 60, likened Cotter to "an elephant in the living room," saying it is too close to a populated area. She said "there are more appropriate sites for hazardous waste disposal than Cañon City," and requested a cost-benefit analysis that fully represents all of the impacts of Cotter Corp. CCAT co-chairwoman Jeri Fry said a uranium mill near town was a good idea 50 years ago, when there was little knowledge of the dangers of radiation. However, she said, people are aware of the hazards as Lincoln Park nears its 20-year anniversary as an EPA Superfund site in September, based on a groundwater plume of uranium and molybdenum. Cotter years ago committed to decommissioning by 2002, but the company changed its mind around 1996, said Sharyn Cunningham, co-chairwoman of CCAT. While the mill was dormant for about 15 years, homes were built closer to Cotter, which is allowed to emit 600 pounds of radioactive dust per year, she said. Cunningham resubmitted a 13-page document compiled by CCAT listing alleged deficiencies in Cotter's license application. Jim Skinner questioned the common assumption that Cotter was entrenched before the population nestled near its borders. "I would like to take that bit of propaganda away," Skinner said, adding his searches of county records revealed Cotter had a small parcel of land from the 1950s, then bought 400 acres in 1977, 640 acres in 1983, 316 acres in 1988, and about 1,100 acres in 1991. Among other comments in the four-hour hearing: + Contrary to statements at last week's Lincoln Park Superfund meeting, there are numerous studies indicating property values near clean-up sites are diminished, said D McKinna. The 25-year Cañon City resident, self-described as a social scientist and mental health counselor, said studies have indicated both temporary and permanent stigmas result from hazardous waste sites. She said the closer a property is to the site, the longer its market value is likely to suffer. + Cañon City Judy Skinner said the community expects the health department to meet the requirements of House Bill 1408, and the "additive" provisions of HB1358. The bills defined the responsibilities of nuclear facilities, as well as regulatory bodies. Skinner said Colorado's environmental policy is being viewed as a model, and the health department is "failing the rest of the country — it's unacceptable." + Dr. Shirley Squier, a CCAT member, said Cotter has denied it intends to become a toxic waste dump, but accepting wastes from other sites is a primary focus of the license application. She said the Maywood soils — which Cotter proposed to use as a buffer layer over the tailings impoundments, which would be capped with clay — would probably be heaped on the property for several years, during which they would blow throughout the county. + Dr. Gary Mohr, a physician instrumental in a petition signed by 36 doctors in Fremont County in opposition of Maywood soils, was one of numerous health-care professionals to speak out against ongoing activity at the mill. Mohr said he has treated workers who had been "poisoned, burned and irradiated" at Cotter. He said the community doesn't need a toxic waste dump or the effects it could have on the health of citizens, particularly children. + Carol Dunn, a CCAT board member, urged the health department to emphasize health studies, saying, "We think you been looking at this from the wrong end. You need to look at the people, not at Cotter's projections or computer models." CCAT is surveying people who believe their health may have been compromised by Cotter's activities, and the Association for Toxic Substances and Disease Registry has announced it will have officials in town in July to determine whether a full epidemiological study is in order. + Rene Lucas-Dye said Cotter has brought nothing but pain to her and her husband, Thomas Dye, who both worked at the mill. "You can see the pain radiating from the faces of people, but Cotter doesn't care," she said. "What Cotter tells us and what Cotter does are two different things. They've been caught (for health-code violations) time and time again. What's it going to take to make this madness stop?" + Resolve group was hired with an EPA grant to help with conflict management and dispute resolution surround Cotter issues. Mike Hughes of the group's Washington, D.C.-based Denver office introduced himself and asked citizens to contact him at www.resolv.org [http://www.resolv.org] . Speakers at Thursday's meeting urged citizens to speak up to their elected officials and the health department regarding Cotter's operating license. "We have seven months to make a difference, and it will make a difference for thousands of generations," Sharyn Cunningham said. The health department will continue to receive public comments until it makes its decision, Tarlton said, but citizens are encouraged to respond before July. Fry said CCAT has compiled more than 3,000 documents onto a CD-ROM, which will be available at the Cañon City Public Library. News and information is updated Monday - Friday at 5:00pm. Entire contents Copyright Ó 2004 Royal Gorge Publishing Corporation. All Rights Reserved. CUSTOMER SERVICE ***************************************************************** 41 The Mercury: Pottstown to handle radioactive sludge www.zwire.com Evan Brandt Mercury Staff Writer 05/21/2004 POTTSTOWN -- About 400,000 gallons of radioactive sewage sludge from Royersford will be processed by Pottstown’s wastewater treatment plant one month after the sludge created a flurry by setting off alarms at a Bucks County landfill. The contamination was created by a radioactive substance known as cobalt-60 that apparently came from a cleaning facility run by UniTech Services Group on Third Avenue in Royersford. UniTech cleans, among other things, clothing worn by workers at Exelon Nuclear’s Limerick Generation Station. The wastewater from that facility was processed at Royersford’s wastewater treatment plant, which does not have the facilities to "de-water" its sludge, which is what is left over after the contaminants havebeen removed from wastewater and the cleaned water is returned to the Schuylkill River. The Pottstown plant does have a de-watering facility, called a belt press, and it has already processed one load and sent it on to be buried at the GROWS Landfill in Tullytown, Bucks County. The radiation monitors set up at that facility, owned by Waste Management, set the wheels in motion, albeit slowly. Although the sludge was frozen in place -- one container at the landfill and three at Pottstown’s wastewater treatment plant -- for more than a month, it wasn’t until Wednesday morning that a decision was made about how the sludge would be handled. And that happened, borough authority Chairman Elmer Panoc said, only "because we asked for a meeting." The meeting involved Royersford Borough Manager Robert Umstead and 16 other people from agencies including the state Department of Environmental Protection, the Nuclear Regulatory Agency and the borough authority, Panoc said. David J. Allard, the DEP’s director of radiation protection, ran the meeting by phone, Panoc said, and crafted the solution to the problem of what to do with sludge contaminated with cobalt-60. The solution is to do just what would have been done if the cobalt-60 had never been detected. The GROWS Landfill, which was first prevented from burying the sludge, has now been ordered to do so, Panoc explained to his board Wednesday night. Later that night, the borough authority board voted reluctantly to process next week the three containers of radioactive sludge that have been sitting at the plant, as well as an additional 400,000 gallons sitting in a tank at the Royersford plant. Once it is de-watered, the sludge will be taken to the GROWS Landfill. "It was pretty clear that DEP would like us to take that sludge and resolve this for them," said Davie Allebach, the authority’s solicitor, who also was present at the earlier meeting. Had the authority refused, Royersford would have been forced to rent the de-watering equipment to process the sludge, an expensive and time-consuming process, Panoc said. Royersford will also have to pay to have the section of sewer line that runs from UniTech to its plant cleaned and decontaminated, just as the Pottstown tank now holding the radioactive sludge must be cleaned and decontaminated. Further, the authority intends to charge Royersford not only for the costs of disposing of its radioactive sludge, but also for the money it cost the authority in terms of additional hours and work, as well as lost income from outside sludge clients who could not be served. It was left to Brent Wagner, the chief operator of the wastewater treatment plant, to calculate those costs. Initially estimated at about $22,000, Wagner’s final calculations were faxed to Royersford Thursday morning. Umstead would not discuss or disclose those figures. "We’ll take a look at Pottstown’s figures and go from there," he said. With one exception, Umstead also said he had no comment on the situation. The exception was to dispute the assertion made by Allebach and Robert Maul, Pottstown’s utilities director, that the problem was caused because Royersford stored the sludge for too long, allowing the cobalt-60 to build up. "I guess they were trying to save some money, so they stored it up," Maul said. "That statement is incorrect," Umstead said. "The company did what it was supposed to do, and Royersford did what they were supposed to do" in terms of government regulations, Panoc said. "Royersford just held on to it for too long." Causes aside, the problem is not likely to occur again, at least in the same manner, because UniTech has been given permission by the DEP to treat its own wastewater and discharge it directly into the Schuylkill. "Luckily, we’re upstream," Maul quipped Wednesday night. An attempt to reach the manager at the UniTech plant Thursday was unsuccessful. According to that company’s Web site, UniTech was founded in 1957 and, among other services and products, operates "licensed radiological laundry facilities" in 10 states and in the Netherlands. According to the Environmental Protection Agency, cobalt-60 releases gamma radiation and can affect people’s health. "Exposure to low levels of gamma radiation over an extended period of time can cause cancer," according to an EPA fact sheet. "The magnitude of the risk of adverse health effects depends on the quantity of cobalt-60 involved and on the exposure conditions." Wagner said people are exposed to more radiation from radon in their basements than from the amount of cobalt-60 at issue with the sludge. He said to reach a harmful health effect, workers at the plant would need to have two years of constant contact, 24 hours a day, to meet the one-year minimum safety standard set by the NRC. Nevertheless, Wagner insisted that none of the regular wastewater treatment plant employees should clean the tank now holding the contaminated sludge. "We must be satisfied fundamentally that we have reduced the exposure enough to make the employees safe," authority board member David Sutton said. ©The Mercury 2004 Copyright © 1995 - 2004 PowerOne Media, Inc. ***************************************************************** 42 Pahrump Valley Times: Nevada asks Ohio for nuke help May 21, 2004 By STEVE TETREAULT PVT WASHINGTON BUREAU WASHINGTON - Attorney General Brian Sandoval is attempting to recruit other states to help Nevada head off shipments of nuclear waste from a closed uranium-processing factory in Ohio. Sandoval said in a letter Wednesday that residents along shipping routes might be subjected "to significant health risks" from a special class of radioactive material the Department of Energy has proposed to send from its Fernald plant to the Nevada Test Site. The letter was sent to attorneys general in 16 states along two major interstate highway routes between Ohio and Nevada, according to Sandoval spokesman Tom Sargent. Nevada has objected to the Energy Department shipping 153 million pounds of radioactive waste that has accumulated in silos at Fernald, located 18 miles northwest of Cincinnati. Plans call for 3,750 flatbed truck shipments over 18 months. Two of the 20-foot-tall concrete silos contain 240,030 cubic feet of potent waste materials tainted with byproducts of high-grade uranium that was processed at the factory. The third silo, from where initial shipments were to be made, contains 137,700 cubic feet of low-level thorium waste. Sandoval has threatened to sue DOE, contending the waste was unsafe for disposal at the Test Site, where the government has buried 21 million cubic feet of lower level nuclear waste since the 1970s. The material is different from the high level nuclear waste the Energy Department has proposed to bury at Yucca Mountain. DOE officials have promised Nevada 45 days notice before starting to ship the Fernald waste. Nevada officials said this week they were hearing from sources in Ohio that such a notice would be issued "in the very near term." A DOE spokesman at the Fernald plant said he did not know when the department would issue its notification. "We're in consultation with stakeholders and regulators to determine what the path is going to be on the silos," said Gary Stegner. Sandoval warned the Energy Department in a letter Tuesday not to begin moving waste from any of the silos until the burial dispute is resolved. Nevada has asked the Nuclear Regulatory Commission to step in and assume control of the material. The state also is preparing to file a lawsuit to challenge the shipments soon after it receives a 45-day notice of DOE's intentions. For comment or questions, please e-mail webmaster@pahrumpvalleytimes.com [webmaster@pahrumpvalleytimes.com] Copyright © Pahrump Valley Times, 1997 - 2003 ***************************************************************** 43 Pahrump Valley Times: Yucca will dwarf past nuke shipping May 21, 2004 By STEVE TETREAULT PVT WASHINGTON BUREAU WASHINGTON - Over three decades, 2,500 tons of spent nuclear fuel was shipped in the United States, an amount that would be eclipsed in only a single year of operations for the Yucca Mountain Project, an expert science panel was told earlier this month. Kevin Crowley, director of a study being conducted by the National Academy of Sciences, said research is showing between 1,923 and 2,746 reported cask shipments of nuclear waste were moved by truck among U.S. sites between 1964 and 1997. Railroads transported between 279 and 511 cask shipments, he said. In terms of tonnage, Crowley said, "the total U.S. experience is slightly less than what we would expect to see shipped during one year of a Yucca Mountain transportation program." Crowley made his presentation to a 16-member expert committee assembled by the academy. The board is developing recommendations on how the government might manage an ambitious campaign to move highly radioactive waste and spent nuclear fuel from 39 states to Nevada. When it is fully operational, the Energy Department estimates shipping 3,000 tons of nuclear waste annually for about 24 years to a repository in Nye County being planned to hold 77,000 tons of highly radioactive waste. The department is forming a blueprint calling for 3,000 to 3,300 railroad shipments from government weapons plant and commercial nuclear utilities to the Yucca site. Another 1,000 shipments would travel by truck. Crowley said from 1949 to 1998 there were eight incidents where coolant or other liquid leaked from casks. On 49 occasions, contamination was found on shipping cask surfaces. "There have been no reported accidents involving breach of the casks and a leak of the (waste) contents," he said. Board members sought comment on whether the record of past shipments might be a safety indicator for the much larger Yucca Mountain campaign. Michele Boyd, a legislative representative for the Public Citizen advocacy group, said the past is not a good predictor. "Simply extrapolating from past experience - the statistics of which are disputable - will not be sufficient to ensure that these shipments will be safe, and certainly will not convince the public that they are," she said. Boyd said statistics do not tell the entire story. For example, she said, from 1986 to 1990 the Energy Department transported two dozen train shipments of nuclear fuel debris from the Three Mile Island plant in Pennsylvania to Idaho. Along the way, she said, DOE violated speed limits and rush hour rules through St. Louis. One shipment collided with a car stalled on the tracks, while another carried inaccurate placards. "These type of errors need to be evaluated in the context of a massive transportation program involving multiple truck casks per day or multiple train casks per week over a period of at least 24 years," she said. Steve Kraft, waste management director for the Nuclear Energy Institute, gave a different view. "We believe experience to date is a valid indicator of the future," he said. Kraft said nuclear waste cask designs and transportation safety plans have remained consistent. "The quality assurance of the cask, the certification of the cask, the transportation plan, the first responder plan, the security plan, are shipment-independent," Kraft said. "Each shipment is the same." For comment or questions, please e-mail webmaster@pahrumpvalleytimes.com [webmaster@pahrumpvalleytimes.com] Copyright © Pahrump Valley Times, 1997 - 2003 ***************************************************************** 44 Guardian Unlimited: Ex-Soviet Officer Honored for Prudence From the Associated Press [UP] Friday May 21, 2004 6:01 PM MOSCOW (AP) - A retired Soviet military officer was honored Friday for averting a potential nuclear war in 1983 by ignoring an alarm that said the United States had launched a ballistic missile, a U.S.-based peace association said on its Web site. Lt. Col. Stanislav Petrov was in charge of the Soviet Union's early warning system when the system wrongly signaled the launch of a U.S. Minuteman intercontinental ballistic missile in September 1983. Petrov had to decide within 20 minutes whether the report was accurate and whether he should launch missiles in retaliation, the Vlast magazine reported in 1998. At the time of the incident, tensions between the United States and the Soviet Union were high. The Soviet military had recently shot down a Korean Air Lines jet that strayed over Soviet airspace, killing all 269 people on board. Petrov decided the alarm was false and did not launch a retaliatory strike. The article said Petrov suffered severe stress after the incident and spent several months in hospitals before being discharged from the military. On Friday, the San-Francisco-based Association of World Citizens, a worldwide organization promoting peace, presented Petrov with the World Citizen Award and launched a campaign to raise $1,000 for the Russian, who receives only a meager pension. ``All the 20 years that passed since that moment, I didn't believe I had done something extraordinary. I was simply doing my job and I did it well,'' Petrov said on Russia's NTV television. On the Net: Association of World Citizens: http://www.worldcitizens.org Guardian Unlimited © Guardian Newspapers Limited 2004 ***************************************************************** 45 DOE: Environmental Management Site-Specific Advisory Board, Oak Ridge FR Doc 04-11521 [Federal Register: May 21, 2004 (Volume 69, Number 99)] [Notices] [Page 29286-29287] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr21my04-65] Reservation AGENCY: Department of Energy. ACTION: Notice of open meeting. SUMMARY: This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Oak Ridge. The Federal Advisory Committee Act (Pub. L. No. 92-463, 86 Stat. 770) requires that public notice of these meeting be announced in the Federal Register. DATES: Wednesday, June 9, 2004, 6 p.m. ADDRESSES: DOE Information Center, 475 Oak Ridge Turnpike, Oak Ridge, TN. FOR FURTHER INFORMATION CONTACT: Pat Halsey, Federal Coordinator, Department of Energy Oak Ridge Operations Office, P.O. Box 2001, EM-90, Oak Ridge, TN 37831. Phone (865) 576-4025; Fax (865) 576-5333 or e- mail: [halseypj@oro.doe.gov] or check the Web site at [http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leaving FR.html&log=linklog&to=http://www.oakridge.doe.gov/em/ssab] . SUPPLEMENTARY INFORMATION: Purpose of the Board: The purpose of the Board is to make recommendations to DOE in the areas of environmental restoration, waste management, and related activities. Tentative Agenda: The meeting presentation will focus on the Stewardship Education Resource Kit. The kit is being developed by the Oak Ridge SSAB's Stewardship Committee to help area educators develop curricula on stewardship and environmental issues. The kit will feature a notebook [[Page 29287]] containing lesson plans, fact sheets, presentations, maps, and other educational materials. Also included will be a computer disk containing several environmental-related documents and a copy of the 40-page ``Educational Resource Guide,'' which was developed by the SSAB last year. Public Participation: The meeting is open to the public. Written statements may be filed with the Committee either before or after the meeting. Individuals who wish to make oral statements pertaining to agenda items should contact Pat Halsey at the address or telephone number listed above. Requests must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Each individual wishing to make public comment will be provided a maximum of five minutes to present their comments. Minutes: Minutes of this meeting will be available for public review and copying at the Department of Energy's Information Center at 475 Oak Ridge Turnpike, Oak Ridge, TN between 8 a.m. and 5 p.m. Monday through Friday, or by writing to Pat Halsey, Department of Energy Oak Ridge Operations Office, P.O. Box 2001, EM-90, Oak Ridge, TN 37831, or by calling her at (865) 576-4025. Issued at Washington, DC, on May 17, 2004. Rachel M. Samuel, Deputy Advisory Committee Management Officer [FR Doc. 04-11521 Filed 5-20-04; 8:45 am] BILLING CODE 6450-01-P ***************************************************************** 46 DOE: Agency Information Collection Extension FR Doc 04-11522 [Federal Register: May 21, 2004 (Volume 69, Number 99)] [Notices] [Page 29285-29286] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr21my04-63] AGENCY: Department of Energy. ACTION: Submission for Office of Management and Budget (OMB) review; comment request. SUMMARY: The Department of Energy (DOE) has submitted an information collection package to the OMB for extension under the provisions of the Paperwork Reduction Act of 1995. The package requests a three-year extension of its Contractor Legal Management Requirements, OMB Control Number 1910-5115. This information collection package covers information necessary to aid contractors and DOE personnel in making determinations regarding the reasonableness of all outside legal costs, including the costs of litigation. DATES: Comments regarding this collection must be received on or before June 21, 2004. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, please advise the OMB Desk Officer of your intention to make a submission as soon as possible. The Desk Officer may be telephoned at 202-395-7345. ADDRESSES: Written comments should be sent to: DOE Desk Officer, Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 10102, 735 17th Street, NW., Washington, DC 20503. Comments should also be addressed to: Lorretta D. Bryant, Acting Director, Records Management Division, IM- 11/Germantown Bldg., Office of the Chief Information Officer, U.S. Department of Energy, 1000 Independence Ave., SW., Washington, DC 20585-1290; or by fax at (301) 903-9061, or by e-mail at lorretta.bryant@hq.doe.gov [ lorretta.bryant@hq.doe.gov] ; and to Anne Broker, GC-12, U.S. Department of Energy, Office of Dispute Resolution, 1000 Independence [[Page 29286]] Avenue, SW., Washington, DC 20585; or by fax at (202) 586-0325, or by e-mail at anne.broker@hq.doe.gov [anne.broker@hq.doe.gov] . FOR FURTHER INFORMATION CONTACT: Lorretta D. Bryant, Acting Director, Records Management Division, Office of the Chief Information Officer, U.S. Department of Energy, 1000 Independence Ave., SW., Washington, DC 20585-1290, (301)-903-2164, or e-mail lorretta.bryant@hq.doe.gov [lorretta.bryant@hq.doe.gov] . Also notify Anne Broker, GC-12, U.S. Department of Energy, Office of Dispute Resolution, 1000 Independence Avenue, SW., Washington, DC 20585 or by e-mail at anne.broker@hq.doe.gov [anne.broker@hq.doe.gov] . SUPPLEMENTARY INFORMATION: This package contains: (1) OMB No.: 1910- 5115; (2) Package Title: Contractor Legal Management Requirements; (3) Purpose: The collection of this information continues to be necessary to provide a basis for DOE decisions on requests, from applicable contractors, for reimbursement of litigation and other legal expenses; (4) Estimated Number of Respondents: 33; (5) Estimated Total Burden Hours: The burden hours for this collection are estimated to be approximately 465 to 570 hours on an annual basis. This estimate is based on the estimate that the preparation of the initial plan is 15-30 hours and that no more than 20% of the 33 contractors will need to submit a legal management plan in any given year. The estimate for the total also includes an estimate of the approximately 10 hours for an annual budgetary update, which would be submitted by all contractors; (6) Number of Collections: The package contains 1 information and/or recordkeeping requirement. Statutory Authority: These requirements are promulgated under authority in section 161 of the Atomic Energy Act of 1954, 42 U.S.C. 2201; the Department of Energy Organization Act, 42 U.S.C. 7101, et seq.; and the National Nuclear Security Administration Act, 50 U.S.C. 2401, et seq. Issued in Washington, DC on May 14, 2004. Lorretta D. Bryant, Acting Director, Records Management Division, Office of the Chief Information Officer. [FR Doc. 04-11522 Filed 5-20-04; 8:45 am] BILLING CODE 6450-01-P ***************************************************************** 47 DOE: Application To Export Electric Energy; Dynegy Power Marketing, FR Doc 04-11523 [Federal Register: May 21, 2004 (Volume 69, Number 99)] [Notices] [Page 29286] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr21my04-64] Inc. AGENCY: Office of Fossil Energy, DOE. ACTION: Notice of application. SUMMARY: Dynegy Power Marketing, Inc. (DYPM), formerly Electric Clearinghouse, Inc. (ECI), has applied for renewal of its authority to transmit electric energy from the United States to Mexico pursuant to section 202(e) of the Federal Power Act. DATES: Comments, protests or requests to intervene must be submitted on or before June 7, 2004. ADDRESSES: Comments, protests or requests to intervene should be addressed as follows: Office of Coal & Power Import/Export (FE-27), Office of Fossil Energy, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585-0350 (FAX 202-287-5736). FOR FURTHER INFORMATION CONTACT: Xavier Puslowski (Program Office) 202- 586-4708 or Michael Skinker (Program Attorney) 202-586-6667. SUPPLEMENTARY INFORMATION: On February 24, 1997, the Office of Fossil Energy (FE) of the Department of Energy (DOE) authorized ECI to transmit electric energy from the United States to Mexico as a power marketer using the international electric transmission facilities of San Diego Gas & Electric Company, El Paso Electric Company, Central Power and Light Company, and Comision Federal de Electricidad, the national electric utility of Mexico. That two-year authorization expired on February 24, 1999. On June 24, 1999, in Order EA-121-A, FE renewed ECI's authority to export electric energy to Mexico for a 5- year term. That order will expire on June 24, 2004. On August 24, 1999, FE was notified that Electric Clearinghouse Inc. had changed its name to Dynegy Power Marketing Inc. On May 13, 2004, DYPM applied to FE for a 5-year renewal of its authority to export electric energy to Mexico as a power marketer and requested expedited processing of its application to insure there is no lapse of export authority. Procedural Matters: Any person desiring to become a party to this proceeding or to be heard by filing comments or protests to this application should file a petition to intervene, comment or protest at the address provided above in accordance with Sec. Sec. 385.211 or 385.214 of the FERC's Rules of Practice and Procedures (18 CFR 385.211, 385.214). Fifteen copies of each petition and protest should be filed with the DOE on or before the date listed above. Comments on DYPM request to export to Mexico should be clearly marked with Docket EA-121-B. Additional copies are to be filed directly with Betsy R. Carr, Sr. Director & Regulatory Counsel, and Steven F. Dalhoff, Director, Regulatory Affairs, Dynegy Power Marketing, Inc., 1000 Louisiana, Suite 5800, Houston, TX 77002-5050. Copies of this application will be made available, upon request, for public inspection and copying at the address provided above or by accessing the Fossil Energy Home Page at [http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leaving FR.html&log=linklog&to=http://www.fe.doe.gov] . Upon reaching the Fossil Energy home page select ``Electricity Regulation,'' and then ``Pending Proceedings'' from the options menus. Issued in Washington, DC, on May 17, 2004. Anthony J. Como, Deputy Director, Electric Power Regulation, Office of Coal & Power Import/Export, Office of Coal & Power Systems, Office of Fossil Energy. [FR Doc. 04-11523 Filed 5-20-04; 8:45 am] BILLING CODE 6450-01-P ***************************************************************** 48 Tri-City Herald: House votes to restore $50 million to cleanup This story was published Friday, May 21st, 2004 By Annette Cary Herald staff writer The U.S. House of Representatives Thursday unanimously passed an amendment to restore $50 million for nuclear cleanup in the coming year to the annual House Defense Authorization Bill. The Bush administration budget proposed in February did not include $350 million set aside until the issue of reclassifying high-level radioactive waste is resolved to the administration's satisfaction. That included $64 million to be spent on cleanup of huge underground tanks of waste from the past production of plutonium at the Hanford nuclear reservation. The House Armed Services Committee cut $50 million from the money proposed for Hanford and nuclear weapon cleanup sites in Idaho and South Carolina that also could be affected by the dispute over waste reclassification. Rep. Doc Hastings, R-Wash., persuaded the House of Representatives to restore the $50 million in the amendment that passed Thursday. "My amendment helps make certain that the federal government is able to meet its legal and moral cleanup obligations," Hastings said in a prepared statement. He also said that "adding the $50 million was not an easy sell to those who are reluctant to authorize funding given the uncertainties surrounding this cleanup work." Last year a federal court ruled that the Department of Energy's decision to unilaterally reclassify some waste in Hanford's underground tanks and in the other two states as "incidental" violated the Nuclear Waste Policy Act. DOE has since pushed for legislation that would allow it to determine how much of the waste could remain in the bottom of underground tanks and how much must be removed and processed for disposal. Washington state officials have pushed to continue to have regulatory authority over any waste reclassification, but talks between the state and DOE are at an impasse. Hastings has been frustrated that the state and DOE have not been able to reach an agreement on the matter, according to his office. Restoring the $50 million to the proposed appropriation will help ensure that the money needed for cleanup is available so work will not need to be postponed because of a lack of money, according to Hastings' office. The Defense Authorization Bill provides guidance to the House and Senate Appropriations Committees regarding funding for defense-related functions of the federal government, including cleanup of nuclear sites. The House language rejects DOE's proposal to put restrictions on the use of high-level waste funding in the three states. © 2004 Tri-City Herald, Associated Press &Other Wire Services ***************************************************************** 49 SF Chronicle: Los Alamos lab loses another data device Information on chemical explosives missing [http://sfgate.com] [kdavidson@sfchronicle.com] Friday, May 21, 2004 A device containing computer data on nonnuclear high explosives is missing at the University of California-run Los Alamos National Laboratory in New Mexico, the lab reported Thursday. The loss is the latest instance in which lab computer equipment has been reported missing, although lab officials downplayed the significance of the incident. "It's our very firm belief this does not constitute any sort of threat to national security," said lab spokesman Kevin Roark. He blamed it on "basically an administrative error -- it's a paperwork thing." The loss was detected during the lab's effort to slash its supply of computer storage devices such as CDs and Zip drives used to store classified data, which pose a security risk because a spy or scofflaw could spirit them out of the lab. Eventually, for security reasons, Los Alamos officials hope to switch to a so-called "media-less" environment. Ideally, lab scientists would do research by using "dumb terminal"-type computer displays to access a centralized, highly secure data source. Roark said the device containing information about chemical explosives -- not nuclear weapons -- is the only missing item among 50,000 similar devices. Citing secrecy rules, he refused to give a detailed description of the missing item. "The folks conducting this investigation (to find the missing device) have vowed to leave no stone unturned," Roark said. "But in the final analysis, it is possible that we may never find it," he said. "The person who finds it is going to get a big, wet kiss." The missing device was originally slated for destruction. So far it hasn't turned up despite a search of the lab premises, Roark said. One possibility is that the old data on the device were erased, then replaced with new data so that its present identity is camouflaged, Roark said. Although the missing device doesn't represent a security threat, "when it comes to this kind of stuff, you can't afford to lose even one percent (of the equipment)," Roark said. "The director of the lab has (made it) clear: We have to keep control of every single item; losing just one is not acceptable." The news was viewed darkly by veteran lab critics at the nonprofit Project on Government Oversight in Washington, D.C. "The lab can try to spin it however they want. Classified data is missing once again from Los Alamos," Executive Director Danielle Brian said. The lab has an unhappy history of reports of missing or misused equipment, including computer hard disk drives. In recent years, such losses have helped to tarnish UC's reputation as lab manager for six decades under contract to the U.S. Energy Department. For these and many other reasons, the Energy Department and Congress recently took steps to open future management contracts for the Los Alamos and Lawrence Livermore laboratories, which UC also runs, to outside competitors. The current Los Alamos contract expires in late 2005. UC officials have not yet decided whether to compete for the next Los Alamos and Livermore contracts, citing the high cost of campaigning for such contracts while California faces a state financial crisis. UC spokesperson Chris Harrington said Thursday that protection of such classified computer equipment "is one of our highest priorities, and we recognize that the (data storage device) issue is something we need to continue to address." E-mail Keay Davidson at [kdavidson@sfchronicle.com] . Page A - 4 ©2004 San Francisco Chronicle | Feedback | FAQ ***************************************************************** 50 Charleston.Net: Graham, Hollings clash on SRS cleanup 05/21/04 Radioactive sludge's future at heart of issue BY BO PETERSEN Of The Post and Courier Staff South Carolina's two U.S. senators squared off on the Senate floor Thursday over the future of the sludge from more than 30 million gallons of radioactive liquid being removed from the Savannah River Site. Republican Sen. Lindsey Graham wants a provision to the national nuclear waste cleanup law that allows the U.S. Department of Energy to re-classify the sludge. That would allow the waste to be buried on site rather than having it moved to deep mountain storage, which the law originally required. "We spent a lot of money; we've done very little cleanup. And from a taxpayer point of view, the longer you put this off the more it costs and the more damage can be done," Graham said on the Senate floor. "Regulators in South Carolina have come up with a plan ... that will clean these tanks up and close them that is environmentally sound, in my opinion." Democratic Sen. Fritz Hollings calls the provision "surreptitious" and "an environmental disaster in the offing." "This is a highly dangerous procedure. It is wrong for the state of South Carolina. It is wrong for the nation. It is wrong for the Department of Energy," Hollings said. Both Graham and Hollings cited state Department of Health and Environmental Control officials whom the senators said agreed with them. In a 2003 letter to Hollings, DHEC deputy commissioner Lewis Shaw said the agency does not think it's "technically or economically feasible to send all of the high-level waste to a national repository," but said the state should have a role in deciding how much could remain on site. A DHEC spokeswoman forwarded the letter to The Post and Courier when asked for the department's position. The senators disagree on whether the provision's legal language provides that role. Hollings said Gov. Mark Sanford didn't approve of the provision unless it protected the state. "We believe it's a good bill," said Sanford spokesman Will Folks. Folks said the provision is a compromise but that the governor asked for DHEC oversight and got it. Graham tacked the provision onto a U.S. Department of Defense spending bill now before the Senate. The House of Representatives already has passed a version of the amendment without Graham's provision. A Senate-House conference committee must produce a third version to go back to both chambers for approval. The waste is being removed from 51 aging tanks at the federal Cold War-era bomb-making plant near Aiken. It's earmarked for burial at Yucca Mountain, Nev. The language change would clean up the site 23 years ahead of schedule and save taxpayers nearly $16 billion, Graham said in an earlier statement. Hollings said earlier that the provision overturns 30 years of law, interferes with an ongoing lawsuit over nuclear waste handling and could have long-term consequences for handling nuclear waste. "Senator Graham wants to give the Department of Energy the ability to keep going" with the removal "to get the most dangerous material out of the state quicker," said Graham spokesman Kevin Bishop. "There's going to be some residual material. The cost and risk of taking the tanks out are very, very high." Bishop said the removal has been stalled by the lawsuit. Karen Wayland, legislative director for the environmental advocate Natural Resources Defense Council that filed the lawsuit, disagreed. The 8 percent of sludge to be buried with the tanks in concrete and grout could hold as much as 55 percent of the radioactivity, she said. "We're talking about all these isotopes that are the heaviest. At some point those underground tanks are going to corrode, and the groundwater is moving right into the Savannah River." Graham's legislation gives DOE the authority to leave on site any type and any amount of waste deemed too difficult or expensive to remove, she said. Removal of the liquid at SRS can continue while the lawsuit is decided, she said. Bo Petersen can be reached at 745-5852 or bopete@postandcourier.com. Copyright © 2004, The Post and Courier, All Rights ***************************************************************** 51 Oak Ridger: Sick workers impacted by overhaul Story last updated at 12:43 p.m. on May 21, 2004 MICHEL: 'Bredesen's proposal would lower the amount of the benefit.' By: Paul Parson | Oak Ridger Staff [paul.parson@oakridger.com] Janet Michel is worried about the overhaul of the state workers' compensation system because it could have a negative impact on job-sickened nuclear workers. Her concern is related to the Energy Employees Occupational Illness Compensation Program Act. Specifically, she said the overhaul affects the part of the program run by the Department of Energy that provides no direct benefits, but assists workers in pursuing claims with state workers' compensation programs. Michel, who suffers from health problems tied to her work at the Oak Ridge K-25 site, said she has been on disability for several years. She is also a longtime sick worker advocate. Based on her best guess, Michel said about 90 percent of the sick workers fall under this program. Gov. Phil Bredesen's proposed overhaul of Tennessee's workers' compensation system was approved Thursday. According to The Associated Press, the bill passed the Senate 28-4 after supporters defeated several efforts to make major changes. It went back to the House for concurrence on minor amendments and was sent to Bredesen for his signature into law. "Worker comp benefits vary widely from state to state," Michel said. "Benefits are usually paid through a state worker comp agency, and the sources of the funds also vary, but generally are provided by employers' insurance companies and/or state funds. "Bredesen's proposal would lower the amount of the benefit," she added. "Tennessee is one of the lowest states in the nation." From what Michel understands, the benefits only last for 400 weeks, which she said is not good if you are at your peak earning years in your 40s or 50s. "A person who is permanently disabled and whose last wage was $500 per week, receives two-thirds of that for social security disability," she said. 'If you are approved for workers' compensation, you are offset 20 percent for attorney fees. However, if you are on social security pension, your offset is 50 percent plus attorney fees. "The bottom line is you're left with almost nothing to live on," Michel added. She added that Bredesen's proposal will likely reduce that even more. A second part of the compensation program for job-sickened nuclear workers is run by the Labor Department. This part pays lump sum benefits plus continuing medical coverage for former workers with diseases potentially related to radiation exposure, silicosis and chronic beryllium disease. ***************************************************************** 52 Oak Ridger: ORNL assists in Ohio nuclear plant study Story last updated at 11:29 a.m. on May 21, 2004 By: Paul Parson | Oak Ridger Staff paul.parson@oakridger.com [paul.parson@oakridger.com] In a report released this week, Congress' investigative arm described a 2002 incident at an Ohio power plant as "the most serious safety issue confronting the nation's commercial nuclear power industry since the accident at Three Mile Island in 1979." In fact, the Government Accounting Office report criticized the Nuclear Regulatory Commission for failing to identify and prevent corrosion on a reactor at the Davis-Besse nuclear power plant because the agency's oversight did not generate accurate information on the facility's conditions. The NRC's own analysis of the 2002 incident included assistance from Oak Ridge National Laboratory. The regulatory commission's findings were released earlier this month. According to the GAO report, after the NRC allowed the Davis-Besse plant to delay shutting down to inspect its reactor vessel for cracked tubing, officials found in March 2002 that leakage from these tubes had caused extensive corrosion on the vessel head - a vital barrier for preventing a radioactive release. "Some NRC inspectors were aware of the indications of corrosion and leakage that could have alerted NRC to corrosion problems at the plant, but they did not have the knowledge to recognize the significance of this information," the 137-page GAO report stated. In pressurized water reactors like the one at Davis-Besse, the reactor vessel contains the nuclear fuel as well as water with diluted boric acid that cools the fuel and helps control the nuclear reaction, the GAO report stated. Cracked tubes allowed for leaked boric acid to corrode the reactor vessel head. The corrosion extended through the vessel head to a thin stainless steel lining, or cladding, and had likely occurred over a period of several years, according to the GAO report. The lining, which is less than one-third of an inch thick and not designed as a pressure barrier, was found to have a slight bulge with evidence of cracking. "Had this lining given way, the water within the reactor vessel would have escaped, triggering a loss-of-coolant accident, which - if back-up safety systems had failed to operate - likely would have resulted in the melting of the radioactive core and a subsequent release of radioactive materials into the environment," the GAO report stated. In comparison, the March 1979 incident at Pennsylvania's Three Mile Island nuclear power plant involved the partial meltdown of a reactor core, but only very small off-site releases of radioactivity. Considered the country's worst nuclear accident, there were no deaths or injuries to workers or members of the nearby community, but the incident caused regulators to heighten their oversight and brought about sweeping changes in the area of nuclear power plant operations. With the March 2002 discovery at Davis-Besse, according to the NRC's review, the reactor would have likely continued to operate safely for several months - at least until the end of its originally planned operating cycle, if the plant had not shut down for inspections in February 2002. The results also show the reactor vessel's stainless steel cladding would have likely withstood pressures at least 125 percent of what is encountered in normal operation. As part of the NRC review, ORNL conducted large-scale testing and analysis pertaining to the cladding. The Oak Ridge lab's Heavy-Section Steel Technology Program is the NRC's contractor for structural and fracture issues related to reactor pressure vessels. "We do the research and development and analysis that provide the NRC with the technical basis for regulating reactor pressure vessels," said Richard Bass, manager for the Heavy-Section Steel Technology Program. "When they have a problem with a vessel that relates to structure or fracture mechanics, they call us." ORNL's tests were associated with the influence of cracks on the pressure necessary to fail the cladding and how long Davis-Besse could have operated before the cladding failed. ORNL's work involved specimens machined from the pressure vessel of a canceled plant - not cladding from the Davis-Besse reactor vessel head. Bass said the stainless steel cladding provides a protective covering for the inner surface of the reactor's vessel against corrosive elements. Vessels that house reactors are bombarded with nuclear materials and must be constructed of materials that can withstand exposure to neutron irradiation and heat that occurs during fission, according to the NRC. In March, after two years of increased NRC oversight and considerable repairs by FirstEnergy, NRC approved the restart of Davis-Besse's operations. FirstEnergy's plant is located in Oak Harbor, just east of Toledo on the shore of lake Erie. ***************************************************************** 53 lamonitor.com: Lab reports missing data The Online News Source for Los Alamos [http://www.lanl.gov/worldview] [http://www.lac-nm.us] ROGER SNODGRASS, roger@lamonitor.com, Monitor Assistant Editor Officials at Los Alamos National Laboratory acknowledged Thursday afternoon that a piece of computer memory material was missing. The lab's release called it "an accounting discrepancy" and reported that the fact of a missing computer recording had been detected as part of "an extensive Laboratory-wide effort to reduce Classified Removable Electronic Media." The device was supposed to have been destroyed in March. Laboratory spokesperson Kevin Roark said this morning that the data was missing from DX, the Dynamic Experiment Division, which conducts research and development using high explosives. High explosives are chemically based, not nuclear. Asked about what was on the item, Roark said, "I can't be specific about that." Roark told the Associated Press Thursday, "It's our strong belief that (the device) was either destroyed or re-tasked (reused), but the proper paperwork wasn't done to track its destruction or reuse." The lab's announcement and posting on its Newsbulletin website came several hours after the information was leaked by the Project on Government Oversight, a Washington, D.C., public interest organization that has specialized in investigating and exposing government abuses. "Reliable sources tell the Project on Government Oversight that there has recently been another major security breach at Los Alamos National Laboratory," POGO reported Thursday morning. Roark said, "We were ready to respond as early as Tuesday, but since the investigation is ongoing, you want to have the most complete information you can." POGO has been a regular contact for employees within the weapons complex to reach the media with sensitive information. In November 2002, POGO broke the news that led to a scandal over the firing of former LANL security officials and whistleblowers, Glenn Walp and Steve Doran, as well as to the subsequent scrutiny of the lab's business practices. Shortly after the Cerro Grande Fire, in June 2000, two hard drives containing highly classified information about weapons design went missing for eleven days before they were discovered behind a copying machine. Last December, the lab called a security stand-down in its Nuclear Nonproliferation Division after reporting that nine floppy disks and a larger memory storage device were missing. After both events high-ranking officials were placed on administrative leave. Roark did not rule out the possibility that there would be sanctions in this case. "It really does depend on the outcome of the investigation," he said. "In the final analysis it depends on what was done and by whom .The director will take that into account and act on it." He added, "The director is big on accountability." A spokesman for the National Nuclear Security Administration that oversees the weapons labs for the Department of Energy said a federal review team would investigate the incident. Rep. Tom Udall, D-NM was informed of the security breach before the media and issued a statement concerning LANL's "admission that a piece of Classified Removable Electronic Media was discovered missing on Tuesday." "While troubling, I am hopeful that the media has either been destroyed and incorrectly inventoried, or will be located soon," Udall said in the statement. "The laboratory has assured me that the information does not contain nuclear weapons data." Two weeks ago, Energy Secretary Spencer Abraham announced a sweeping plan to reform and upgrade security in the weapons complex. "We have had problems in the past with classified hard drives and classified disks," he said on May 7. "To permanently eliminate the threat of such problems, we propose an initiative to move to diskless workstations for classified computing over the next five years." The laboratory's effort to reduce the number of pieces of computer media has been underway for some time. Since last December, the lab said it has reduced the number of pieces by 50,000, or 60 percent of the inventory. The inventory continues until next week. "(T)his discrepancy in no way constitutes a compromise of national security," the laboratory's announcement stated. The lab's release declared that the Department of Energy had been properly notified, "according to established reporting guidelines." Brian Wilkes, NNSA spokesperson said, the lab "followed all proper procedures and notified us...in a timely manner after it was discovered." The Associate Press contributed to this story. © 2003 Los Alamos Monitor All Rights Reserved. ***************************************************************** 54 WATE: Estimated cost after radiation leak is at least $1 million [http://knoxville.wate.com Maggie Poteaux May 20, 2004 By MAGGIE POTEAUX 6 News Anchor/Reporter OAK RIDGE (WATE) -- The receipts are still coming in for the May 14th radioactive leak in Oak Ridge on Highway 95. Although no one was hurt, the incident closed roads and called for plenty of testing. And it came with a hefty price tag. [ truck leaks ] The Department of Energy (DOE) won't release final numbers until the investigation is finished. But one official told 6 News it will be no less than $1 million and no more than $2.5 million. The incident closed Highway 95, along with three access roads. Health physicists had to measure radiation exposure and the potential health effects. Another big cost was renovating, replacing and rehabilitating structures, equipment and property. Plus, there was the cost of tearing up and re-paving the contaminated road. Then the health physicists made a return trip to test the new road. The whole process is expected to take about a month. The next step is for the DOE to assemble a team to continue the investigation. Members will interview people and review documents to identify what went wrong, fix it and make sure it doesn't happen again. [http://www.worldnow.com] All content © Copyright 2000 - 2004 WorldNow and WATE. All Rights Reserved. ***************************************************************** 55 Google News Alert - nuclear Date: Fri, 21 May 2004 12:39:08 -0700 (PDT) ORNL assists in Ohio nuclear plant study Oak Ridger - Oak Ridge,TN,USA ... investigative arm described a 2002 incident at an Ohio power plant as "the most serious safety issue confronting the nation's commercial nuclear power industry ... See all stories on this topic: HOUSE retains funds for new 'bunker busters' Tri-Valley Herald - Pleasanton,CA,USA House Democrats came within a handful of votes Thursday of shifting funds for a nuclear "bunker buster" and exploration of new H-bomb designs, the highest ... See all stories on this topic: RETIRED Soviet officer honored for averting nuclear war in 1983 KVIA - El Paso,TX,USA Moscow-AP -- A retired Soviet military officer is being honored for ignoring a false alarm in 1983 and averting a potential nuclear war. ... INDIA News > India, Pakistan to discuss nuclear CBMs New Kerala - Ernakulam,Kerala,India Six years after they stunned the world and barged into the exclusive nuclear club, India and Pakistan will hold their first discussion on nuclear confidence ... See all stories on this topic: IRAN to submit a comprehensive report on its nuclear activities ... Payvand - Iran ... to IAEA and an advisor to the foreign minister, Ali-Akbar Salehi, here Friday announced that a comprehensive report on Iran's nuclear programs will be ... See all stories on this topic: JEFFORDS grills federal nuclear agency chief about missing fuel Providence Journal (subscription) - Providence,RI,USA MONTPELIER, Vt. (AP) - Sen. James Jeffords, I-Vt., says he disappointed in the Nuclear Regulatory Commission's oversight of Vermont Yankee nuclear power plant. ... ENDING nuclear proliferation eTaiwan News - Taipei,Taiwan ... Iraq imbroglio has one blessing it is that it demonstrates that there are no actual or realistically imaginable military scenarios where nuclear weapons would ... KEDO holds board meeting on suspension of N Korea nuclear project SpaceDaily - USA The international consortium in charge of a frozen plan to build two nuclear power plants for North Korea held an executive board meeting Thursday, one day ... See all stories on this topic: SC senators clash on nuclear sludge disposal Charlotte Observer (subscription) - Charlotte,NC,USA South Carolina's two US senators sparred Thursday over a measure that could allow thousands of gallons of toxic nuclear waste to be entombed at the federal ... See all stories on this topic: PAKISTAN’S nuclear programme non-negotiable: Jamali Pakistan Link - Inglewood,CA,USA ISLAMABAD : Prime Minister Mir Zafarullah Khan Jamali has categorically declared that Pakistan's nuclear programme is non-negotiable. ... 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