***************************************************************** 08/13/04 **** RADIATION BULLETIN(RADBULL) **** VOL 12.193 ***************************************************************** 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 AFP: US, Canada see eye-to-eye on Iranian nuclear program, human rig 2 KR Washington Bureau: Bush administration stepping up pressure to st 3 US: Union of Concerned Scientists Legislative Update August 2004 4 Taipei Times: Editorial: Taiwan needs nuclear deterrent 5 Mos News: Russia Denies Testing Nukes After Japan Complaints 6 Sun Network: Pak officials refused to prosecute A Q Khan despite evi NUCLEAR REACTORS 7 Japanese Utility to Shut Down All Nuke Plants 8 US: NRC: NRC Says Florida Nuclear Power Plants Prepared for Hurrican 9 Guardian Unlimited: Japan Orders Nuke Plants to Check Records 10 US: Brattleboro Reformer: VY workers rally over contract 11 US: North Adams Transcript: Yankee official: Activists' requests wou 12 Mainichi Interactive: KEPCO to freeze nuclear operations 13 UPI: Czech nuclear plant malfunctions again - 14 Daily Yomiuri: Pipe exceeded product life by 13 years 15 US: NRC: NRC Enforcement Policy; Alternative Dispute Resolution 16 BBC: Japan nuclear firm shuts plants 17 US: NRC: Detroit Edison Company; Fermi 2; Notice of Consideration of 18 KoreaTimes: US to Bear Cost of Dismantling NK Nukes 19 US: TheDay.com: Waterford - Seaweed Forces Millstone To Reduce Power 20 asahi.com: Criminal charges sought in fatal nuclear plant accident 21 AFP: Ukraine plays down nuclear breakdown 22 AFP: Japan nuclear reactors shut down for checks after four killed NUCLEAR SAFETY 23 [DU-WATCH] DU Blamed for cancer cluster among iraq war veterans 24 US: [NukeNet] plutonium Danger Greater Than Thought 25 US: [NukeNet] Sick Nuclear Workers Resource Center-longer version 26 US: UCS BulletinWire News: Nuclear fuel foul-up NUCLEAR FUEL CYCLE 27 Las Vegas RJ: President stands by Yucca Mountain decisions 28 Las Vegas RJ: Bush supporters, protesters face to face at union hall 29 Las Vegas RJ: NRC denies Yucca Mountain bias claim 30 KTNV: Bush in Nevada 31 Las Vegas SUN: Protesters brave the heat 32 Las Vegas SUN: NRC staff not pushing for Yucca, attorney says 33 Las Vegas SUN: Columnist Jeff German: Kerry has guts to stop nuke wa 34 Las Vegas SUN: Bush explains Yucca stance to LV 35 Las Vegas SUN: Democrats say Bush didn't address Yucca problems 36 PVT: OFFICIAL WHO BUILT NYE'S YUCCA OVERSIGHT CALLS IT QUITS 37 Pahrump Valley Times: DOE accused of cutting corners for repository 38 Pahrump Valley Times: Kerry says Bush broke his word about Yucca 39 Scotsman.com News: Sellafield Cuts Radioactive Discharge Levels 40 US: Morgan Hill Times: City water supplies still stressed to the lim 41 KVBC: President Bush Addresses Yucca Mountain Issue While In Las Veg 42 US: Pahrump Valley Times: The road to waste NUCLEAR WEAPONS 43 Epoch Times: History Remembered ... August 1945: Dropping the Bomb US DEPT. OF ENERGY 44 SF New Mexican: School's bid for LANL put on hold 45 RGJ: NRC denies favoring Energy Department 46 MoJo: The Museum of Attempted Suicide 47 DOE: Amended Record of Decision for the Department of Energy's Final 48 DOE: Notice of Intent To Prepare an Environmental Impact Statement OTHER NUCLEAR 49 [du-list] Protective measures for DU! Valid? What do you 50 [du-list] DU in the News - 13th Aug. 04 51 Google News Alert - nuclear ***************************************************************** ***************************************************************** FULL NEWS STORIES ***************************************************************** ***************************************************************** 1 AFP: US, Canada see eye-to-eye on Iranian nuclear program, human rights concerns WAR.WIRE WASHINGTON (AFP) Aug 13, 2004 The United States and Canada share concerns about the extent of Iran's nuclear programs and Tehran's poor human rights record, US Secretary of State Colin Powell and Canadian Foreign Minsiter Pierre Pettigrew said Friday. Washington and Ottawa will both look for tough action on Iran from the International Atomic Energy Agency (IAEA) when it meets next month in Vienna and will press Tehran to resolve lingering questions about the death in custody in Iran of a Canadian-Iranian photographer last year, they said. "We are very preoccupied by the nuclear proliferation and we are not pleased at all with the way the Iranians are conducting this particular question of nuclear proliferation," Pettigrew told reporters after meeting Powell at the State Department. "This is something on which we need to cooperate and make sure that Iran respects international obligations and absolutely limits that," he said. The United States, which accuses of Iran of hiding a nuclear weapons development program under the guise of a civilian atomic energy program, is leading a charge at the IAEA to push Tehran into respecting commitments under the nuclear Non-Proliferation Treaty and bring it into compliance with a pledge to suspend all enrichment-related activities. Iran vehemently rejects the US charges but has bristled at pressure from the IAEA which has found it to be in violation of several commitments. In addition to the nuclear issue, Pettigrew said Canada had serious concerns about the investigation into the death of the photographer, Zahra Kazemi, who died in Iranian custody in July 2003 after being arrested for taking photos outside a prison. Despite a conclusion by Iran's reformist government that the 54-year-old photographer had died from a brain hemorrhage caused by a blow to her skull, an Iranian court last month acquitted a security agent in her murder, ruling she had injured herself in a fall after having been on a hunger strike. Canada has categorically rejected the latest explanation, deepening a diplomatic rift over the affair, and Pettigrew on Friday called Kazemi's death an "assassination" and termed the Iranian investigation into the matter "a farce." "We have no cooperation from the Iranian government," he said, noting the requests for Kazemi's body to be returned to Canada had not been met. "We have realized that the whole justice system has been treating this as a farce, unfortunately," Pettigrew said, adding that he intended to raise the issue next month when the United Nations General Assembly convenes. Iran's decision to bar Canadian diplomats from the last day of hearings in the case in July prompted a furious Ottawa to recall its ambassador to the Islamic Republic and a senior Canadian foreign ministry official said privately that relations with Iran might be downgraded. WAR.WIRE ***************************************************************** 2 KR Washington Bureau: Bush administration stepping up pressure to stop Iran's nuclear program | 08/13/2004 | krinvestigations@krwashington.com REZA MOATTARIAN / KRT The Bushehr nuclear power plant in Bushehr, Iran. By Warren P. Strobel Knight Ridder Newspapers WASHINGTON - Get ready for another crisis over weapons of mass destruction. Convinced that Iran is covertly speeding toward making nuclear weapons, the Bush administration has begun a diplomatic campaign to sharply increase the pressure on Tehran. The sudden sense of urgency follows the apparent collapse of a three-nation European initiative to persuade Iran to freeze its nuclear program. Iran is trying to renegotiate the deal and insists that its nuclear program is for civilian energy purposes. The Bush administration faces a fundamental dilemma similar to the one it faced two years ago in Iraq: Should the United States continue to work with allies who favor negotiation or should it take pre-emptive, unilateral action to stop Iran? President Bush's go-it-alone course in Iraq continues to draw criticism, both from foreign allies and many Americans as they prepare to select their next president. But action to confront Iran may be more necessary than against Iraq, some officials and private experts argue, because Iran has a far more advanced nuclear program and much closer ties to terrorist groups than Iraq did in 2003. Concerns about Iran's nuclear ambitions have bubbled for more than a decade, but they've taken a back seat to Iraq and the war on terrorism. That could soon change. "Iran is going to be the 800-pound gorilla of American foreign policy come September," said a State Department official. A senior European diplomat in Washington agreed. It is "one of the two or three biggest issues that we'll have to deal with in the next period," he said. Both spoke on condition of anonymity, citing diplomatic sensitivities. U.S. officials say they will begin a new push to have Iran's nuclear activities referred to the United Nations Security Council, which can impose sanctions. The next crossroads is a mid-September meeting of the International Atomic Energy Agency, which has been monitoring Iran's nuclear work. "This is a troubling development ... and you just can't ignore it any longer," Secretary of State Colin Powell said recently. A senior administration official went further in an interview this week. He hinted that if Bush is re-elected, the use of U.S. military force to stop Iran from going nuclear - even by overthrowing the government in Tehran - wouldn't be out of the question. U.S. credibility on Iran, however, has been undercut by the failure to find the weapons of mass destruction that the White House warned of in Iraq. "This administration has been discredited by the WMD experience" in Iraq, said Zbigniew Brzezinski, the national security adviser to President Jimmy Carter. Said another State Department official: "Would it have been better if prewar Iraq intelligence had been better? Sure. ... But it doesn't mean we're wrong" on Iran. Brzezinski co-chaired a task force sponsored by the private Council on Foreign Relations that last month called on the White House to open a broad dialogue with Iran, rather than waiting until the nuclear issue is settled. "The problem with this administration is, it doesn't know the difference between diplomacy and unilateralism," Brzezinski said. "If it simply uses inflammatory rhetoric, it will make the Iranians dig in their heels." Moreover, Iran, which borders Iraq and Afghanistan, could make life much more difficult for the United States in those places if it chose to, he said. The CIA's rough estimate is that Iran could have a nuclear weapon by the end of the decade. Israel puts the date at 2007. But the real crunch date could come sooner, when Iran's nuclear program becomes self-sufficient, rendering trade bans and other sanctions irrelevant. Vastly complicating matters, Iran's suspected weapons program uses the same basic technology involved in a civilian nuclear energy program, which it's permitted to have under the 1968 Non-Proliferation Treaty. "Our ability to stop that program is very limited," said former CIA Director Robert Gates, who co-chaired the task force with Brzezinski. Bush administration officials argue that momentum is moving behind the U.S. position, with the collapse of a deal struck by Britain, France and Germany in which Iran agreed to stop enriching uranium and associated activities. If the international community agrees Iran is moving toward a nuclear weapons capability, "then you have to ask yourselves what are you going to do?" said the senior administration official. Iran has resumed assembling centrifuges to enrich uranium, in violation of its pledges. At a stormy meeting with diplomats from the three European nations in late July, Iranian representatives demanded a series of concessions, including security guarantees. Yet the Europeans remain cautious about taking the issue to the Security Council. "The question is, what then?" said the senior European diplomat. "Taking it to the Security Council does not automatically mean you are taking a step toward solution." U.S. plans to squeeze Tehran hit another speed bump this week when IAEA inspectors appeared to verify one of Iran's central contentions about its nuclear research. The inspectors determined that particles of enriched uranium found at Iranian industrial sites came from equipment purchased abroad, buttressing Iran's denial that it has been conducting home-grown enrichment of uranium for a bomb program. IAEA spokeswoman Melissa Fleming declined to comment, pending a Sept. 3 report by the agency. It now appears the United States will not have enough support to refer Iran to the Security Council when the IAEA's 35-nation Board of Governors meets in mid-September. The issue could come to a head at the next meeting in December. U.S. officials and many outside experts say there's plenty of other evidence Iran is striving for nuclear weapons. They charge it includes Iran's construction of a heavy water reactor, ideal for producing plutonium; covert uranium processing; experiments with a substance called polonium-210, used to initiate nuclear explosions; and secret procurement of centrifuges from the nuclear smuggling network of Abdul Qadeer Khan, father of Pakistan's nuclear weapon. Iran had denied having a covert uranium enrichment program until it was exposed by an exile opposition group in August 2002. U.S. officials say they still hope diplomatic pressure might work. Iran, they note, is keenly sensitive to its world image, and its economy is badly in need of outside help. "We're still at a place where we hope diplomacy can change their mind," a senior State Department official said. "They have not yet changed their mind." --- (Knight Ridder correspondent Renee Schoof contributed to this report.) ***************************************************************** 3 Union of Concerned Scientists Legislative Update August 2004 Date: Sat, 14 Aug 2004 01:32:45 -0500 (CDT) Thank you for your continued support as a member of the UCS Action Network. Keeping you informed of the latest action alerts, action results, and other legislative and corporate campaigns is crucial for our success. Restoring Scientific Integrity Since the release of UCS's Restoring Scientific Integrity in Policymaking report in February, more than 5,000 scientists--including 48 Nobel laureates, 62 National Medal of Science recipients, and 129 members of the National Academy of Sciences--have signed the scientists statement calling for an end to the Bush administration's suppression and manipulation of science. Unfortunately, the administration continues to deny a problem exists. In July, UCS released a new report documenting additional scientific manipulation and abuse, from suppression of federal agency research to political litmus tests for scientific advisory committee participation and outlined five steps needed to help prevent these activities. UCS activists have continued to play a critical role in this campaign. In May activists sent more than 14,000 letters to Congress to urge members to stop the administration from eliminating scientific input from the U.S. Forest service's national forest policy decision-making process. Clean Energy Through the spring and into the summer UCS has successfully blocked efforts to revive the harmful national energy bill that offers massive subsidies to dirty fossil fuels and nuclear power while largely excluding clean energy measures that would improve our security, economy, and protect our environment. UCS has also advanced other clean energy initiatives. For the second year in a row, we helped secure House support for the full restoration of $23 million in renewable energy and energy efficiency funding provided in the farm bill. We are also working to secure an extension and expansion of the renewable energy production tax credit. Clean Vehicles There seems to be no summer slowdown for major clean vehicles issues. Funding for a clean school bus grant program got a slight increase from the House, but not nearly the amount requested by the administration. The EPA also began a process to consider revising its outmoded testing procedures that overestimate real world fuel economy. Finally, California is poised to embark on a historic first for U.S. pollution control with new regulations to limit greenhouse gas emissions from motor vehicles. Global Security In recent months, the UCS Global Security Program engaged and challenged Congress on missile defense, preventing nuclear terrorism and U.S. nuclear weapons policies. Major headway was made when the House voted to eliminate the most provocative and dangerous nuclear weapons programs proposed by the Bush administration. When Congress returns in September, the Senate will decide whether to support or oppose those same programs. Your voice may be critical in helping the House position prevail. Global Warming Although Senators John McCain (R-AZ) and Joseph Lieberman (D-CT) were not able to bring the Climate Stewardship Act (CSA), S.139 to a vote this summer, the senators are determined to keep pushing for a vote when Congress returns this fall. The CSA, which has received strong bipartisan support, proposes to use market forces to reduce global warming pollution. Recently, a bipartisan group of representatives introduced a companion version to the CSA in the U.S. House of Representatives. UCS expects to work for passage of the bill this fall and during the next Congress. Food and Environment This summer, UCS has continued to promote policies that advance our sustainable agriculture goals. Our activists have maintained pressure on Congress and corporations to curb the rampant overuse of antibiotics in animal agriculture. We helped ensure that a new drug-approval bill did not encourage inappropriate antibiotic uses or allow transgenic fish to more easily enter the food supply. UCS and other groups also succeeded in pressuring the U.S. Department of Agriculture (USDA) to allow public comments on applications to grow pharmaceutical and industrial crops. Finally, an outcry from UCS and other citizen groups caused the USDA to rescinded new guidelines that diluted organic standards. Invasive Species After a year of slow progress, there is a flurry of activity around the National Aquatic Invasive Species Act (NAISA), comprehensive legislation targeting the introduction of aquatic invasive species. Thanks to the combined efforts of UCS activists and our coalition, NAISA now has 22 co-sponsors in the Senate (S.525), while related House bills, HR 1080 and 1081, have 99 and 88 co-sponsors, respectfully. Recently, a competing bill lacking NAISA's broad focus was introduced in the Senate and other alternative bills are being drafted. Since votes on these options may still occur this fall, UCS is watching developments closely and is ready to intervene. ***************************************************************** 4 Taipei Times: Editorial: Taiwan needs nuclear deterrent Friday, Aug 13, 2004,Page 8 Is it six days or two weeks? This is the range of speculation over how long Taiwan will be able to hold out should China decide to launch a full-scale attack. A recent computer simulation suggested six days. No sooner had this been reported than "authoritative military sources" -- whatever those are -- rushed to tell some local media outlets that, in fact, Taiwan could hold out for a whole two weeks. That anyone should find the possibility of a war lasting twice as long reassuring is symptomatic of the air of unreality which tends to surround this gravest of topics. The logic behind this view is essentially that Taiwan has to hold out until the US comes to its aid and, given the tortoise-like speed of US military deployment, the longer the better. This is assuming that the US will come to Taiwan's aid, and there are people in the US who ask, "Why should we?" Because the US has a strategic interest in denying China control of the Western Pacific and the sea lanes to Japan, the conquest of Taiwan would effectively mean the end of the US' "hyperpower" status. Some people in Taiwan think this means that Taiwan can hitch a free ride on the back of US strategic interests. One of the more foolish, and distressingly widespread, follies we have heard from the pan-green camp is that Taiwan does not need to spend money on upgrading its military effectiveness because the US is compelled to defend it, come what may. This is utter rubbish. But is it any more idiotic than the nature of the debate about the kind of weapons Taiwan needs? The major threat from China comes from its missiles -- 500 of them at the moment and at least 600 by the end of next year. Taiwan is obviously interested in defense against missiles, but in a curiously myopic way. It is obsessed with high-tech solutions of extremely doubtful value while eschewing more basic, albeit less showy, measures. For example, a cornerstone of Taiwan's defense strategy is acquiring the Patriot III anti-missile system, despite this system's highly questionable effectiveness. Instead of putting its faith in a magic umbrella full of holes, Taiwan might more usefully upgrade its facilities to make sure they can withstand being struck by China's missiles. Pouring concrete lacks the glamor of high-tech gadgetry, but might be more effective in the long run -- and certainly cheaper. But the myopia extends beyond this. The chief problem is the "reactive" interpretation of what constitutes defense. Taiwan wants to stop China if it indeed tries anything, which means finding weapons to counter the weapons that China has. What Taiwan needs is the ability to stop Beijing from trying anything in the first place. That does not just mean the ability to inflict big losses on an attacking force, but the ability to raise the cost of attacking Taiwan far beyond China's willingness to pay. In the end this comes down to Taiwan's need for nuclear weapons. The ability to obliterate China's 10 largest cities and the Three Gorges Dam would be a powerful deterrent to China's adventurism. Some might find this horrible to contemplate, but if China leaves Taiwan in peace it is something that would never have to be faced. It would be up to China. It is current US policy to prevent nuclear proliferation, or so Washington says. The irony is that in preventing Taiwan many years ago from working on its own nuclear deterrent, the US may one day risk a nuclear exchange with China because of Taiwan. To avoid this, it might be useful to think about how Taiwan might acquire the means to stop China even thinking about an attack. This story has been viewed 989 times. Copyright © 1999-2004 The Taipei Times. All rights reserved. ***************************************************************** 5 Mos News: Russia Denies Testing Nukes After Japan Complaints MOSNEWS.COM Japan Angered At Russia’s Nuke Tests Hiroshima mayor accuses Russia of betrayal Created: 13.08.2004 12:06 MSK (GMT +3), Updated: 12:09 MSK Russia’s Foreign Ministry has denied that Russia has ever conducted nuclear testing, after several Japanese mayors accused Moscow of betraying the Comprehensive Nuclear Test Ban Treaty. The ministry issued a statement saying that Russia has never tested nuclear weapons since becoming a sovereign state in 1991, after the collapse of the Soviet Union. Earlier Russia’s atomic chief said that Russia conducted a series of “sub-critical” nuclear tests this year at its Arctic testing ground Novoya Zemlya, the country’s Chief of Atomic Energy agency had said Monday. In “sub-critical” tests the explosion is contained, and no radiation is released. “Such experiments are conducted every year to verify the integrity of nuclear warheads,” Chief of Atomic Energy Agency Alexander Rumyantsev was quoted as saying earlier by Itar-Tass. In a written message to President Vladimir Putin Hiroshima Mayor Tadatoshi Akiba expressed his anger, saying that “if the report is true, it will betray the wish of atomic bomb victims and others around the world hoping for the elimination of nuclear weapons.” Write us: info@mosnews.com Copyright © 2004 MOSNEWS.COM Designed by kB "Gazeta.Ru" ***************************************************************** 6 Sun Network: Pak officials refused to prosecute A Q Khan despite evidence Saturday, 14 Aug 2004 Washington, Aug 13 - Despite earlier "evidence" that Pakistani nuclear scientist Dr A Q Khan was involved in nuclear proliferation, Pakistani armed forces, which are involved in the country's nuclear programme, refused to prosecute him, a senior research fellow with an American foundation has claimed. He alleged that the army itself was engaged in proliferation. By 1988, when Khan's network of suppliers was well established in Europe and the US, the Pakistani Army had "enough in its confidential files to prosecute him (Khan) easily for corruption", said Wilson John of the Observer Research foundation. Lt Gen Hamid Gul, then ISI chief, had specific reports of Khan having access to enormous sums of money. A senior scientist from Kahuta Research Laboratories had even personally met with Gen. Gul to register his complaint. Gen Gul's successor, Lt Gen Shamsur Rahman Kallue wrote the first report on Khan's activities and forwarded it to the Prime Minister and the Army Chief of Staff. It was shelved, Wilson said. Gen Kallue's successor, Lt Gen Asad Durrani, was equally in the know about A Q Khan's activities, especially his travels to Iran in 1991 and 1992. Wilson claimed that "many believe that Gen Durrani and his superior, Gen Aslam Beg, the Army Chief of Staff, were deeply involved in the clandestine nuclear deals". Iran was by then quite interested in paying heavily for a nuclear gateway with Pakistan. Iran had offered $3.2 billion to finance Pakistan's nuclear weapons development programme in exchange for the transfer of nuclear technology, said Wilson. -- Site optimised for Browsers 4.0 and above. Copyrights © 2000 Sun Network. All Rights Reserved.--> ***************************************************************** 7 Japanese Utility to Shut Down All Nuke Plants Date: Fri, 13 Aug 2004 13:47:21 -0400 Videos: http://www.envirovideo.com http://www.nytimes.com/aponline/international/AP-Japan-Nuclear-Accident.html Japan Utility to Shut Down All Nuke Plants By THE ASSOCIATED PRESS Published: August 13, 2004 Filed at 7:10 a.m. ET TOKYO (AP) -- A Japanese utility said Friday it will temporarily shut down all of its nuclear power facilities to conduct safety checks, following a deadly accident this week at one of its plants. Kansai Electric Power Co., Japan's second-largest utility, reached its decision a day after being ordered by the Nuclear and Industrial Safety Agency to review inspection records of cooling pipes and check for signs of erosion at its nuclear power plants. Six other Japanese utility companies were given similar orders. Advertisement Kansai Electric officials are drawing up specifics for the plan, company spokesman Hiroshi Kinami said. The utility runs a total 11 nuclear power facilities, all in western Japan. The shutdown will not affect Kansai Electric's power supply because the utility will restart two idle thermal power units to compensate for lost capacity, company spokesman Akira Maruta said. The plants will be shut down at separate times, not all at once. Electricity supply from nuclear reactors accounted for 65 percent of Kansai Electric's total electricity output last year. Thermal power and hydroelectric power supplied the remaining 35 percent. The shutdown will not affect Kansai Electric's power supply because the utility will restart two idle thermal power units to compensate for lost capacity, company spokesman Akira Maruta said. Government investigators launched a probe Friday at the plant in Mihama, 200 miles west of Tokyo, where four people were killed and seven injured when a corroded pipe exploded Monday, spewing boiling water and superheated steam on the workers. Investigators were collecting safety records and other documents and questioning executives over Monday's accident, said Toshiyuki Kadono, a spokesman for the Nuclear and Industrial Safety Agency. There was no radiation leak in Monday's accident. But it has added to concerns about safety at Japan's nuclear plants, which account for 35 percent of this resource-poor country's energy supply. It also has pressured the government to reconsider plans to build 11 reactors by 2010. Kansai Electric acknowledged Tuesday that the cooling pipe that caused the accident had not been thoroughly checked, despite a warning from inspectors last year that it posed a danger. A new inspection had been scheduled to take place on Saturday. Government officials have said they failed to discover Kansai Electric's lax safety measures in a 2000 company report that included cooling pipe inspection plans at the Mihama plant. In the report, Kansai Electric said it routinely checked the extent of pipe erosion and found no abnormality. Submission of inspection records became compulsory only after October 2003, when the Tokyo Electric Power Co. was criticized for a series of falsifications and cover-ups at its plants. Japan's nuclear program has been in limbo following the recent safety cover-ups at power plants and a 1999 accident at a reprocessing plant outside Tokyo in which two workers were killed and hundreds of people exposed to radioactivity. http://www.nytimes.com/reuters/international/international-nuclear-japan-accident.html Japan's Kansai Electric to Shut Reactors By REUTERS Published: August 13, 2004 Filed at 4:34 a.m. ET TOKYO (Reuters) - Japan's Kansai Electric Power Co. said it would gradually shut down all of its nuclear reactors for safety checks starting from Friday, four days after the deadliest nuclear industry accident in Japanese history. Four workers were killed on Monday when super-hot non-radioactive steam gushed from a ruptured pipe at the company's Mihama nuclear plant, 320 km (200 miles) west of Tokyo. Advertisement Japan's second-largest power utility, which has 11 reactors serving the heavily industrialized area around the city of Osaka, said no power shortages would result from the phased closures. Kansai Electric said procedures would begin on Friday to shut down three units. The reactor where the accident occurred is already closed while two others are shut for regular maintenance. The government of Fukui prefecture, the region where the plant is located, had asked for inspections to be conducted. ``Normally it would take about six weeks to carry out the checks,'' Kansai Electric spokesman Yonezo Tsujikura said at a news conference in Tokyo. Kansai Electric said it would restart two oil-fired generators to help make up for lost nuclear production. The company said the closures could cost it the equivalent of about $90 million, depending on the duration. Other power companies said they had no plans for shut-downs in the wake of the accident, which has heightened public mistrust of Japan's scandal-prone nuclear industry. Industry Minister Shoichi Nakagawa said the government would do its utmost to ensure a stable supply of electricity. Resource-poor Japan, which has 52 nuclear reactors, relies on atomic energy for over a third of its electricity needs. Kansai Electric said on Tuesday the pipe that burst had not been inspected in 28 years and that it had not taken action even after being advised by a sub-contractor that it needed attention. Police and officials from the national government's Nuclear and Industrial Safety Agency were at the accident site on Friday gathering evidence that could lead to charges of negligence. NO PLAN TO RESIGN Media reports said Kansai Electric President Yosaku Fuji was likely to resign to take responsibility for the accident, but he told reporters: ``I don't have that in mind for now.'' The NISA, Japan's nuclear watchdog, has told power companies to check documentation to ensure inspections on pipes similar to the one that ruptured at Mihama have been carried out properly. Similar checks have been ordered at non-nuclear power plants. The NISA has told the companies to report back by August 18. If the records show they have neglected proper inspections plants may be required to shut down for checks. Tokyo Electric Power Co. (TEPCO), the world's biggest privately owned electric utility, denied a report that it would restart thermal power units in case its nuclear reactors needed to be taken out of service for safety checks. Firing up thermal plants would increase demand for oil imports at a time when prices are at record highs and Japan is having one of the hottest summers in recent years. The Nihon Keizai newspaper said that TEPCO and Kansai would increase purchases of crude oil and fuel oil by between 10 and 20 percent to run their thermal generators. TEPCO had to temporarily close all of its 17 reactors after revelations in 2002 that it had tampered with safety records. The only previous fatal accident at a Japanese nuclear power plant occurred in 1967. One person died when a fire broke out at a plant in Ibaraki prefecture just north of Tokyo. As in the latest incident, there was no radiation leak. The worst previous accident at a nuclear facility in Japan was at a uranium processing plant in Tokaimura, north of Tokyo. That took place on September 30, 1999, when an uncontrolled nuclear chain reaction was triggered after three poorly trained workers used buckets to mix nuclear fuel in a tub. The resulting release of radiation killed two workers and forced the evacuation of thousands of nearby residents. ***************************************************************** 8 NRC: NRC Says Florida Nuclear Power Plants Prepared for Hurricane Charley News Release - Region II - 2004-04 U.S. NUCLEAR REGULATORY COMMISSION Office of Public Affairs, Region II No. II-04-046 August 13, 2004 CONTACT: Ken Clark (404) 562-4416 Roger D. Hannah (404) 562-4417 E-mail: Nuclear Regulatory Commission officials in Atlanta said Friday morning that Floridas three commercial nuclear power plants have made preparations for response to Hurricane Charley. Charles A. Casto, acting Regional Administrator of the agencys Region II office in Atlanta, said the NRC has activated its Atlanta Incident Response Center to monitor and assist Floridas nuclear power plants at Crystal River, St. Lucie, and Turkey Point. He said additional NRC personnel have already been dispatched where needed to the plants and to Floridas Emergency Response Center in Tallahassee. Casto said Friday morning that the agencys primary focus is on the Crystal River nuclear power plant, located about 90 miles north of Tampa on the Gulf coast. He said the plant has declared a Notice of Unusual Event, the lowest of NRCs emergency declarations, and is prepared to shut down if necessary. The Unusual Event declaration is routine in the event of a hurricane, and the plants procedures require that it be shut down should hurricane winds reach Category III, which is 111 miles per hour or higher. The plant has emergency diesel generators available if needed and has additional diesel generators, normally used in routine operations, and emergency battery power available should the need arise. The Crystal River nuclear power plant is elevated some 20 feet above sea level, he said, above any predicted storm surge. It is part of a power generating complex near the town of Crystal River which contains four coal-fired plants in addition to the nuclear unit. Casto said the NRC regional office in Atlanta will maintain close contact with the agencys Washington, D. C. headquarters, Florida state officials and the plant sites until the hurricane threat has passed. Last revised Friday, August 13, 2004 ***************************************************************** 9 Guardian Unlimited: Japan Orders Nuke Plants to Check Records From the Associated Press [UP] Friday August 13, 2004 5:16 AM By MARI YAMAGUCHI Associated Press Writer TOKYO (AP) - Japan has ordered safety checks at the country's 52 nuclear plants and 800 non-nuclear power stations to prevent the type of accident that killed four people at a reactor this week, government officials said Thursday. Government investigators kept up searches and questioning Thursday at the plant at Mihama, 200 miles west of Tokyo, where a cooling pipe exploded Monday. The operator, Kansai Electric Power, is under suspicion of negligence. The Nuclear and Industrial Safety Agency ordered Kansai Electric and six other Japanese utility companies to review inspection records of cooling pipes at nuclear power plants to check for signs of erosion, agency official Koichi Shiraga said Thursday. Kansai said Friday it will temporarily shut down all of its nuclear power facilities for safety checks. Officials are still hashing out details of the plan, including when the inspections will begin, company spokesman Hiroshi Kinami said. The utility runs a total 11 nuclear power facilities, all in western Japan. The utilities were requested to submit the results by Aug. 18. The agency also ordered operators to check inspection records at their non-nuclear, thermoelectric power stations. The agency plans to send more officials to investigate Kansai Electric and to collect documents related to safety records, Shiraga said. In Mihama, a corroded pipe exploded and spewed boiling water and superheated steam on workers, killing four instantly and injuring seven others. Two victims suffocated when the steam burned their windpipes, and the other two apparently died from serious burns, Japanese media reported Thursday. Kansai Electric acknowledged Tuesday that the cooling pipe that caused the accident had not been thoroughly checked, despite a warning from inspectors last year that it posed a danger. Kyodo News agency reported that police planned to raid the company's offices. Economy, Trade and Industry Minister Shoichi Nakagawa said his ministry would take punitive steps against the operator ``at an appropriate time.'' Government officials also acknowledged that they failed to discover Kansai Electric's lax safety measures in a 2000 company report that included cooling pipe inspection plans at the Mihama plant, said Yasushi Morishita, another agency official. In the report, Kansai Electric said it routinely checked the extent of pipe erosion and found no abnormality, and the government had praised the company efforts, Morishita said. He added the report was only intended to detail a plan of action and did not have to reflect the actual inspection and its outcome. ``Looking back, the practice at that time was not strict enough,'' he said. Submission of inspection records became compulsory only after October, when the Tokyo Electric Power Co. was criticized for a series of falsifications and cover-ups at its plants. There was no radiation leak in Mihama, but the accident rekindled concerns about nuclear plant safety. It also raised questions about government plans to build 11 reactors by 2010. In 1999, two workers died when they set off an uncontrolled nuclear reaction by mixing uranium in buckets instead of using special mechanized tanks at another Japanese nuclear plant. Hundreds were exposed to radiation. The governor of Fukui Prefecture, where the Mihama plant is located, suggested Thursday he might prevent Kansai Electric from using recycled fuel - called mixed uranium-plutonium oxide, or MOX - at one of its nuclear power stations in Fukui by 2007. ``The accident shattered the public's trust about the safety of nuclear power,'' Gov. Issei Nishikawa said. A national energy blueprint calls for the introduction of MOX at up to 18 of Japan's 52 commercial nuclear reactors by 2010. Japan hopes to reduce radioactive waste in storage by generating MOX, which is recycled from uranium that has been used as nuclear fuel. Guardian Unlimited © Guardian Newspapers Limited 2004 ***************************************************************** 10 Brattleboro Reformer: VY workers rally over contract August 14, 2004 Brattleboro, VT By CAROLYN LORIÉ Reformer Staff BRATTLEBORO -- They're prepared to walk. That was the message conveyed by Vermont Yankee members of the International Brotherhood of Electrical Workers at a rally Thursday in Plaza Park. With less than seven days left before their current contract expires, between 75 and 100 workers gathered to voice their displeasure with Entergy Nuclear's offer in ongoing negotiations. According to Corey Daniels, chairman of Local 300, Unit 8, the company plans to increase workers' health care costs by 500 percent over the next three years. He also said that the wage increase proposed by Entergy would not keep pace with inflation. "What they're offering isn't fair. It's completely unacceptable," said Daniels, who is a licensed reactor operator at the plant. "The employees here -- with the deal that's on the table -- they're walking out at midnight on Aug. 19." The two sides will meet again next Wednesday with a mediator to discuss a final agreement. A vote on the offer will take place on Aug. 19, just hours before the strike deadline. In addition to frustration with the contract negotiations, workers said they were concerned with Entergy's contingency plan if a strike does occur. "The most important thing is that they can't run that plant safely without us," said Daniels. "If we're not there, they should pull the plug on that plant." Officials at Vermont Yankee disagreed with that assessment, saying that the safe running of the plant would remain the company's top priority. According to Brian Cosgrove, director of public affairs at the plant, positions left open by striking workers will be filled by managers who previously held those jobs and are familiar with the day-to-day running of the plant. He denied rumors that workers from other plants would be brought in. Cosgrove did say, however, that a long-term strike might force the company to consider looking outside the plant to fill "ancillary" positions. The Nuclear Regulatory Commission must approve the company's contingency plan before it can be implemented. Diane Screnci, spokeswoman for Region I of the NRC, said the plan is already under review. Daniels said that the union will be sending a letter to the NRC today, asking the federal regulator to do a closer examination of the plan. Among the 148 workers who may be striking are licensed reactor operators, auxiliary operators, instrument and control technicians, chemistry technicians, electricians and utility workers. In addition to workers, the rally drew union supporters, many of whom don't support nuclear power. Among them was state Rep. Steve Hintgen, P-Burlington, the Progressive Party candidate for lieutenant governor. "There are differences of opinion about Vermont Yankee, but I don't think anyone would argue that we want it to run safely," said Hintgen. Hintgen said he planned to contact legislators from around the state to alert them to the possible strike. He also expressed a common theme at the rally, namely that the Louisiana-based company does not understand how to do business in Vermont. "Entergy has to learn about Vermont values the hard way, it seems," said Hintgen, addressing the crowd. Also on hand was Cheryl Rivers, who is a Democratic candidate for lieutenant governor. "The issues are clear and what is clear to me is that Entergy is not conducting itself in the way we would like in the state of Vermont," she said. Rivers said she called on Gov. James Douglas and Lt. Gov. Brian Dubie to support the workers and intervene on their behalf. Both candidates said that the impending strike pointed out the problems with the state of health care, adding that a single-payer system would do away with struggles between employees and employers. Terry Smith, a radiation protection technician who has been at the plant for 20 years, said that she and other workers welcomed outside support, including from those opposed to nuclear power. "I think it's good. We all want to have a safe plant," she said. Workers claimed that, although Vermont Yankee is among the company's top performing plants, they are not compensated as well as employees at Entergy's seven other plants. Donning gray T-shirts that read, "Best Performance/Worst Compensation," workers expressed concern about their future with the company. Rudy Wilson, a radiation protection specialist who has been at the plant for more than 18 years, said that this is the first time the union has had to negotiate with Entergy. The multi-million dollar corporation purchased the plant in 2002. "I hope this is not the way it's going to be in the future," said Wilson. Daniels said the negotiations are important because they are indicative of Entergy's business practices. "This contract negotiation is going to be the best barometer for how Entergy is going to treat Vermont, the ratepayers and everyone they sell to," he said. That sentiment was echoed by Rep. Daryl Pillsbury, I-Brattleboro, who also attended Thursday's rally. Cosgrove said that plant officials remain hopeful that a fair resolution can be reached before Thursday's deadline. Hintgen said that the company was "crazy to be picking a fight with workers right now." The comment was in reference to the fact that Vermont Yankee is seeking to increase power by 20 percent and has been plagued by a spate of problems -- missing fuel rods, cracks in the steam dryer and a transformer fire -- that has increased scrutiny of the plant's proposal. He added that the company was operating under the assumption that Vermonters will allow the plant to run with replacement workers. "They're dead wrong," he said. Copyright ©1999-2004 New England Newspapers, Inc., a ***************************************************************** 11 North Adams Transcript: Yankee official: Activists' requests would create hazard August 14, 2004 North Adams, MA By Susan Bush North Adams Transcript ROWE -- Calls for spacing and dirt barriers between dry-cask storage containers that house nuclear spent fuel rods at the Yankee Rowe facility are misguided, according to Kelley Smith, a representative of the Yankee Atomic company. Deb Katz, the executive director of the Citizens Awareness Network, said during a Tuesday press conference held in Greenfield that the dry-cask storage area could be a terrorist target, and that by moving the containers 12 feet further apart, creating double-walled canisters of stainless steel, piling dirt mounds between the containers and camouflaging the units would make the area safer and less appealing to terrorists. But Katz's suggestions would actually create a hazard, Smith said on Thursday. "There is major flaw [with Katz proposal]," Smith said. Smith said that the casks are air-cooled, and additional layers of steel coupled with dirt mounds and then camouflage material would hinder the cooling process. That in turn traps the fuel rod heat and creates an obstacle for cask maintenance and inspection, Smith said. "This would turn the casks basically into furnaces, trapping the heat," she said. Smith said that environmental testing has occurred at Yankee Rowe since before the facility was actually erected, and that testing is on-going. "Since before the plant was built there has been an off-site monitoring program," she said, referring to testing that is conducted in areas surrounding the facility. "During the more than 40 years of testing, there's been no impact on the environment." However, tritium levels exceeding the drinking water standards has been detected at one of the numerous test wells drilled at the site as part of the facility decommissioning process, Smith said. The affected water has been detected in a well drilled very close to the area that housed the spent fuel rod pool. The pool contained spent fuel rods until the rods were placed in dry-cask storage, Smith said. Remediation efforts are underway at that site and the remediation is expected to resolve the matter, Smith said. "Any water that was discharged into the Deerfield River over the course of [facility] operations was strictly regulated and met the standards for releases," Smith said. "It met the drinking water standards. All groundwater at that plant except that one site meets drinking water standards." The Yankee Rowe facility no longer produces nuclear energy and is in the final phases of a decommissioning process. Because spent fuel rods are being stored at the site, Yankee officials will not be allowed to abandon responsibility for the entire property but will have to oversee the dry-cask storage area until the rods can be moved. The federal Department of Energy did contract with Yankee officials to remove and store the rods but a planned nuclear waste storage facility at Yucca Mountain, Nev. has not been erected and will not likely be built by a previously publicized expected completion date of 2010. During the press conference, Katz said that the moving nuclear waste to such a site creates another terrorist target. Smith said that the planned nuclear waste storage facility would be underground and receive federal protection. "The site would eliminate various storage sites across the country," Smith said, and added that Yankee Rowe was not designed as a nuclear waste storage facility nor was it intended to serve as one. Copyright ©1999-2004 New England Newspapers, Inc., a ***************************************************************** 12 Mainichi Interactive: KEPCO to freeze nuclear operations OSAKA -- Kansai Electric Power Co. (KEPCO) is set to stop operations of all its nuclear power plants for inspections following a deadly accident that occurred at its Mihama Nuclear Power Plant in Fukui Prefecture last Monday, company officials said Friday. The Osaka-based power supplier made the decision at the strong urging of the Fukui Prefectural Government. During inspections, company technicians are expected to examine pipes at all the eight reactors at its nuclear power stations to see if they have worn thin. The combined output of KEPCO's eight reactors in operation is 689.2 kilowatts. In order to make up for a shortage of electric power, KEPCO will reactivate two thermal power generators in Hyogo Prefecture that are not in operation. Moreover, the company has decided to suspend its plutonium thermal use project, in which mixed oxide fuel comprising uranium and plutonium is used as fuel in nuclear power plants. Four workers died and seven others were injured after scalding steam leaked from a ruptured pipe in a turbine room at the No. 3 reactor of the Mihama Nuclear Power Plant Monday afternoon. Subsequent inspections have proven that the pipe had worn thin. (Mainichi Shimbun, Japan, Aug. 13, 2004) © 2004 The Mainichi Newspapers Co. Under the ***************************************************************** 13 UPI: Czech nuclear plant malfunctions again - (United Press International) August 13, 2004 Prague, Czech Republic, Aug. 13 (UPI) -- A reactor at the Czech Republic's Temelin nuclear power plant has been closed down due to a malfunction in a generator, the Pravo newspaper reported Friday. Officials at the plant said the reactor could be restarted Saturday. The Temelin nuclear plant was originally constructed according to a Soviet design in the communist era. Temelin has suffered numerous problems in recent years but there have been no serious incidents threatening leakage of radioactive material. Nevertheless, non-nuclear Austria, which borders the Czech Republic around 35 miles south of the Temelin plant, has launched frequent protests and has called for the plant to be closed down. The Czech Republic says it has no intention of yielding to such demands. Temelin has two 1,000-megawatt reactors. The plant's owner, Cez, is the second largest electricity exporter in Europe. [UPI Perspectives] Copyright 2004 United Press International ***************************************************************** 14 Daily Yomiuri: Pipe exceeded product life by 13 years Yomiuri Shimbun Kansai Electric Power Co. said the pipe that burst Monday, killing four people and injuring seven others at Mihama Nuclear Power Plant in Mihamacho, Fukui Prefecture, should have been replaced 13 years ago. According to a guideline in KEPCO's maintenance manual, a pipe should be classed as worn out when the thickness of the wall drops below 4.7 millimeters, which occurs after about 102,000 hours of use. The pipe reached this limit in 1991, but was kept in use. It was 186,000 hours old when the accident occurred. As pipes generally wear out at different times at each plant, the guide suggests that they be checked from at least two years before they reach the maximum number of hours of use. If necessary, they should be replaced before reaching that point. According to the company's quality assurance program, which was introduced in October, if any parts are not inspected, the inspector should calculate the parts' ages. KEPCO then has the option of closing down the plant temporarily, among other measures, to deal with any subsequent maintenance. But the pipe that burst had not been checked for 28 years. Subcontractor Nihon Arm Co. pointed out in November that the pipe had been left off the inspection list, but KEPCO neglected to check it for another nine months until the plant was due for a periodic inspection. The company has not explained the delay and did not calculate the pipe's age earlier. A KEPCO spokesman said: "In November, we were still in a transition period of implementing the quality assurance program. We don't know whether the plant did the calculations when the subcontractor found that the pipe had been left off the list. Headquarters never received a report about it." === KEPCO shuts media out KEPCO said it would not provide the media with information relating to a criminal investigation of the plant. The announcement marks a turn-around from earlier comments in which the company said it would disclose as much information as possible. A company spokesman said Thursday, "The accident may develop into a criminal investigation, so there'll be some parts we won't be able to talk about as a focus of the investigation." KEPCO has allowed fact-finding teams from the Liberal Democratic Party and Minshuto (Democratic Party of Japan) to enter the accident site since Tuesday, but has banned the media. Copyright 2004 The Yomiuri Shimbun ***************************************************************** 15 NRC: NRC Enforcement Policy; Alternative Dispute Resolution FR Doc 04-18509 [Federal Register: August 13, 2004 (Volume 69, Number 156)] [Notices] [Page 50219-50223] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr13au04-105] AGENCY: Nuclear Regulatory Commission. ACTION: Policy statement: revision. SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or Commission) is publishing a revision to its Enforcement Policy (NUREG-1600, ``General Statement of Policy and Procedures for NRC Enforcement Action) to include an interim enforcement policy regarding the use of Alternative Dispute Resolution (ADR) in the enforcement program for discrimination and other wrongdoing cases. The Commission published a proposed pilot program to address the use of ADR in the enforcement program in the Federal Register (69 FR 21166) on April 20, 2004. The Commission received input from the public, in response to 69 FR 21166, expressing their support for the pilot program and providing comments. DATES: The ADR process will be implemented in a phased approach. Because only the licensee and the NRC are involved in ADR after an OI investigation is complete, the staff will begin offering the opportunity to engage in ADR during the post investigation enforcement process upon issuance in the Federal Register. The staff will begin offering early ADR to whistleblowers who have established a prima facie case of discrimination approximately 30 days after the issuance of the Federal Register notice. The additional delay will allow the staff to complete the development of a brochure providing additional information regarding ADR in general and the NRC's program in particular. Comments on this revision to the Enforcement Policy may be submitted on or before September 13, 2004. ADDRESSES: Submit written comments to: Michael T. Lesar, Chief, Rules and Directives Branch, Division of Administrative Services, Office of Administration, Mail Stop: T6D59, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland, between 7:30 a.m. and 4:15 p.m., Federal workdays. Copies of comments received may be examined at the NRC Public Document Room, Room O1F21, 11555 Rockville Pike, Rockville, MD. You may also e-mail comments to nrcrep@nrc.gov. FOR FURTHER INFORMATION CONTACT: Nick Hilton, Senior Enforcement Specialist, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, (301) 415-3055, e-mail ndh@nrc.gov. SUPPLEMENTARY INFORMATION: The NRC received 11 sets of comments in response to the proposed pilot program published in the Federal Register on April 20, 2004. All of the commentors were either power reactor licensees or representatives of power reactor licensees. All commentors supported the pilot program with most offering that the comments provided either clarification opportunities or thoughts for future consideration after the pilot has operated for a period of time. The comments are available in their entirety on the Office of Enforcement's ADR Web page at http://www.nrc.gov/what-we-do/regulatory/enforcement/adr.html#com ments . The following is a synopsis of stakeholder comments received regarding the proposed ADR pilot program and the NRC response to the suggested changes. Comment: The NRC should reconsider the treatment of an ADR settlement occurring after a formal enforcement action is taken (e.g., a notice of violation (NOV) is issued) as a factor in determining a future escalated enforcement (civil penalty) amount. The proposed Interim Enforcement Policy on the use of ADR stated that settlements occurring after a formal enforcement action is taken will count as an enforcement case for purposes of determining whether identification credit is considered when assessing the amount of a civil penalty. Response: The NRC would allow the status of a particular case being mediated to be negotiated during the dispute resolution session. Therefore, to allow greater flexibility, the NRC revised Section IV.A of the interim policy to state that, ``settlements under the enforcement ADR program occurring after a formal enforcement action is taken (e.g. an NOV is issued) may count as an enforcement case for purposes of determining whether identification credit is considered'' (emphasis added). Comment: A press release should not be issued for those cases where an agreed upon settlement is reached through ADR after the Office of Investigations (OI) completes its investigation given that a confirmatory order is made public for such cases. Response: A press release is standard agency practice when issuing an order. In many cases, the public may be aware of the issue through previous news articles for cases that had a proposed civil penalty, documents contained in ADAMS, the Federal Register, or OE Web page. The press release will serve to publically close out the issue, and increase the acceptance and public confidence in the ADR process. Comment: The policy should be flexible enough to allow for a cooling off period prior to attempting to resolve the dispute through ADR without impacting the 90-day time frame for Early ADR. Response: The process of notifying the NRC, establishing a prima facie case, agreeing to mediate, choosing a mediator, and scheduling the mediation session should be of sufficient duration to allow both parties an ample cooling off period. One purpose of the NRC program is to achieve a timely resolution. A delay in the implementation of the process may also put undue pressure on the employee due to the Department of Labor (DOL) timeliness requirements, lengthen potential unemployment time, etc. Comment: An OI investigation or enforcement action should not be initiated if a settlement between the parties has been reached in principle. Response: In Early ADR, the case is not referred to OI until after the neutral returns the case back to the NRC. However, a settlement is expected to be reached and signed within 90 days from when the parties agree to attempt ADR. The NRC may allow a small extension to the 90-day limit to allow for completion of a settlement agreement. Comment: The NRC should monitor the ADR process to ensure it is not abused by employees since the process could create an artificial incentive for employee's to seek ADR for a claim of discrimination during the pilot program. Response: Prior to entering into ADR, an employee must articulate, and an Allegation Review Board must then determine that, a prima facie case exists. In addition, a licensee's involvement in ADR is voluntary. If a licensee believes that the other party is attempting to abuse the ADR process, they do not have to agree to participate. The NRC [[Page 50220]] will also periodically assess the program in order to correct any problems such as abuse. Comment: The policy should be explicit in that a settlement reached among the parties without the aid of a neutral will have the same effect as a settlement reached with the help of a neutral. Further, no OI investigation or enforcement should occur in any cases where a settlement or resolution has been reached through ADR. Response: A minor change was made to the interim policy to reflect that notification to the NRC that a settlement has been reached must be made prior to initiation of an investigation. This was implicit in the proposed policy. Section III.A states that ``If notified of the settlement, the NRC will review the settlement for restrictive agreements * * * assuming no such restrictive agreements exist, the NRC will not investigate or take enforcement action.'' However, for those cases where a settlement agreement between the whistleblower and the licensee or contractor is reached after the initiation of an OI investigation or late in the DOL process enforcement action will be considered. If the NRC believes enforcement is appropriate, the licensee or contractor would be able to request ADR with the NRC to discuss the appropriate enforcement sanctions and corrective actions. Comment: Settlement documents submitted to the NRC for review need not include names of individuals, numerical financial terms, or other information that would reveal specific personnel information and actions. Further, an unsigned, proposed settlement agreement constitutes a draft document, and should be withheld from public disclosure under the same confidentiality provisions that govern the ADR process in general. Response: As part of the Early ADR portion of the program, signed and completed settlement documents are to be submitted to the NRC in their final form for review. As noted in the proposed interim policy, these documents are treated consistent with the allegation program procedures. As such, the settlement agreements will not routinely be made public. If requested under the Freedom of Information Act, a settlement agreement would be redacted as appropriate. The program does not contemplate that draft agreements will be submitted to the NRC in early ADR. Comment: OI reports should be provided to licensees in other wrongdoing cases in additional to discrimination cases. Response: This issue is outside of the ADR pilot program. The staff requirements memorandum (SRM) for SECY 02-0166, dated March 26, 2003, directed the NRC staff (staff) to release OI reports prior to a predecisional enforcement conference (PEC) for cases involving discrimination. This SRM does not apply to other wrongdoing cases. However, as the NRC gains experience with the release of OI reports for discrimination cases, the staff may consider recommending to the Commission that OI reports be released for other wrongdoing cases. Comment: DOL should inform complainants of NRC's Early ADR process to ensure that such individuals, who may not have contacted the NRC, are made aware of the Early ADR process. Response: The NRC has no authority over the DOL process. Requesting the DOL to discuss the NRC's ADR program could suggest that the NRC does not support employee's use of the DOL process. Also, experience indicates that individuals are more likely to come to the NRC and DOL, or the NRC alone, than they are to go to the DOL alone. The staff has had informal discussions with the Occupational Safety and Health Administration (OSHA), and plans to have additional discussions with OSHA management regarding the NRC's Enforcement Policy in more detail. This will include discussions regarding the option for whistleblowers to enter into the NRC's Early ADR process. In addition, individuals will be made aware of the availability of the ADR process through various means including the Federal Register and the NRC public web site. Other means of publicizing the process are also being considered. In addition, licensees are free to settle with individuals using licensee sponsored programs to resolve NRC or DOL issues. Staff comment: While preparing to implement the pilot program, the NRC staff identified that additional flexibility is needed regarding who performs administrative or intake neutral functions. Response: Section II.A of the interim policy was revised to allow flexibility for the staff to use Office Allegation Coordinators or a third party organization to serve as intake neutrals who would assist the parties in resolving the dispute. As a result of this revision, conforming changes were also made to Sections II.A, II.B.5, and II.B.6. Paperwork Reduction Act This policy statement does not contain new or amended information collection requirements subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) Existing requirements were approved by the Office of Management and Budget (OMB), approval number 3150-0136. The approved information collection requirements contained in this policy statement appear in Section VII.C. Public Protection Notification The NRC may not conduct or sponsor, and a person in not required to respond to, collection of information unless it displays a currently valid OMB control number. Small Business Regulatory Enforcement Fairness Act In accordance with the Small Business Regulatory Enforcement Fairness Act of 1996, the NRC had determined that this action is not a major rule and has verified this determination with the Office of Information and Regulatory Affairs of OMB. Accordingly, the NRC Enforcement Policy amended by including the Interim Enforcement Policy Regarding the use of Alternate Dispute Resolution in the Enforcement Program reads as follows: General Statement of Policy and Procedure for NRC Enforcement Actions Table of Contents * * * * * Interim Enforcement Policies * * * * * Interim Enforcement Policy Regarding Enforcement Discretion for Certain Fire Protection Issues (10 CFR 50.48) * * * * * Interim Enforcement Policy Regarding the Use of Alternative Dispute Resolution * * * * * Interim Enforcement Policies * * * * * Interim Enforcement Policy Regarding Enforcement Discretion for Certain Fire Protection Issues (10 CFR 50.48) * * * * * Interim Enforcement Policy Regarding the Use of Alternative Dispute Resolution I. Introduction A. Background This section sets forth the interim enforcement policy that the NRC will follow to undertake a pilot program testing the use of Alternative Dispute Resolution (ADR) in the enforcement program. [[Page 50221]] B. Scope The pilot program scope consists of the trial use of ADR for cases involving: (1) alleged discrimination for engaging in protected activity prior to an NRC investigation; and (2) both discrimination and other wrongdoing cases after the Office of Investigations has competed an investigation. Specific points in the enforcement process where ADR may be requested are specified below. Mediation will be the form of ADR typically utilized. Certain cases may only require facilitation, a process where the neutral's function is primarily to support the communication process rather than focusing on the parties reaching a settlement. Note: Although the NRC's ADR program may cause the parties to negotiate issues which may also form the basis for a claim under section 211 of the Energy Reorganization Act of 1974, as amended, the Department of Labor's (DOL) timeliness requirements for filing a claim are in no way altered by the NRC's program. In cases involving an allegation of discrimination, any underlying technical issue will be treated as a separate issue, or concern, within the allegation program. The allegation program will be used to resolve concerns (typically safety concerns) and issues other than the discrimination complaint. II. General A. Responsibilities and Program Administration The Director, OE, is responsible for the overall program. In addition, the Director, OE, will serve as the lead NRC negotiator for cases involving discrimination after OI completes an investigation. The Director, OE, may also designate the Deputy Director, OE, to act as the lead negotiator. Regional Administrators are designated as the lead NRC negotiator for cases involving wrongdoing other than discrimination. The Regional Administrator may designate the Deputy Regional Administrator to act as the lead negotiator or the Director or Deputy Director, OE, may also serve as the lead negotiator for other wrongdoing cases. The Program Administrator will provide program oversight and support for each region and headquarters program offices. Program and neutral evaluations will be provided to the Program Administrator. The Program Administrator may serve as the intake neutral for post investigation ADR. An ``intake neutral'' develops information and processes information for mediation. As an intake neutral, the confidentiality provisions discussed below will apply. The Office Allegation Coordinators (OACs) are normally a complainant's first substantive contact when a concern regarding discrimination is raised. As such, the OACs may serve as an intake neutral who develops information and processes the necessary information for mediation under Early ADR. The OAC has the option to refer the whistleblower to the third party neutral to process the necessary information for mediation under Early ADR. The confidentiality provisions in Section II.B.7 will apply to the OAC, third party intake neutral, and Program Administrator. The OAC will also process documentation necessary to operate the program. B. General Rules/Principles Unless specifically addressed in a subsequent section, the rules described in this section apply generally throughout the ADR program, regardless of where in the overall enforcement process the ADR sessions occur. 1. Voluntary. Use of the NRC ADR program is voluntary, and any participant may end the mediation at any time. The goal is to obtain an agreement satisfactory to all participants on issues in controversy. 2. Neutral qualification. Generally, a neutral should be knowledgeable and experienced with nuclear matters or labor and employment law. However, any neutral that is satisfactory to the parties is acceptable. 3. Roster of neutrals. OE will maintain a list of organizations from which services of neutrals could be obtained. The parties may select a mediator from any of these organizations; however, the parties are not required to use the organizations provided and any neutral mutually agreeable to the parties is acceptable. 4. Mediator selection. If the parties have not selected a mediator within fourteen days, the Program Administrator or OAC may propose a mediator for the parties' consideration. 5. Neutrality. Mediators are neutral. The role of the mediator is to provide an environment where all participants will have an opportunity to resolve their differences. The parties should each consult an attorney or other professional if any question of law, content of a proposed agreement on issues in controversy, or other issues exists. For Early ADR, the OAC or third party neutral will serve as an intake neutral. Should any party seek to discuss the NRC's enforcement ADR process in detail, the party should be referred to the OAC or third party neutral. The OAC will initiate discussion of the option to mediate and process the necessary documentation. Subsequently, for post investigation ADR, the program administrator or third party neutral will serve as the intake neutral. Due to the nature of conversations that typically occur between an intake neutral and the parties, these conversations will also be considered confidential. 6. Mediation sessions. Once selected by the parties and contracted by the OAC or third party intake neutral, the mediator will promptly contact each of the parties to discuss the mediation process under the Program, reconfirm party interest in proceeding, establish a date and location for the mediation session and obtain any other information s/ he believes likely to be useful. The mediator will preside over all mediation sessions, and will be expected to complete the mediation within 90 days after referral unless the parties, and the NRC if not a party, agree otherwise. At the conclusion of the mediation, parties will be asked to fill out and submit an evaluation form for the mediator that will be sent to the Program Administrator. Normally, a settlement is expected to be reached and signed within 90 days from when the parties agree to attempt ADR. A principal reason for Early ADR is the quick resolution of the claim, thereby improving the safety conscious work environment (SCWE). If the parties cannot agree to a settlement within 90 days, the NRC must assume a settlement will not be reached and continue with the investigation and enforcement process. Where good cause is shown and all parties agree, the NRC may allow a small extension to the 90 day limit to allow for completion of a settlement agreement. Settlement agreements in Early ADR will not be final until 3 days after the agreement has been signed. Either party may reconsider the settlement agreement during the 3 day period. Subsequent concerns regarding implementation of the settlement agreement should be directed to the neutral, or if necessary, the OAC. 7. Confidentiality. The mediator will specifically inform all parties and other attendees that all mediation activities under the Program are subject to the confidentiality provisions of the Administrative Dispute Resolution Act, 5 U.S.C. 574; the Federal ADR Council's guidance document entitled ``Confidentiality in Federal ADR Programs;'' and the explicit confidentiality terms set forth in the Agreement to Begin Voluntary Mediation signed by the parties. The mediator will explain these [[Page 50222]] confidentiality terms and offer to answer questions regarding them. 8. Good Faith. All participants will participate in good faith in the mediation process and explore potentially feasible options that could lead to the management or resolution of issues in controversy. 9. Not legal representation. A mediator is not a legal representative or legal counsel. The mediator will not represent any party in the instant case or any future proceeding or matter relating to the issues in controversy in this case. The mediator is not either party's lawyer and no party should rely on the mediator for legal advice. 10. Mediator Fees. If Early ADR (defined below) is utilized, the NRC, subject to the availability of funds, will pay the mediator's entire fee. For cases where a licensee requests ADR subsequent to the completion of an OI report, the licensee requesting ADR will pay half of the mediator's fee and the NRC, subject to the availability of funds, will pay half. The NRC will recover the mediator fees it pays through annual fees assessed to licensees under 10 CFR Part 171. 11. Exceptions. The only exception to the offering of Early ADR by the NRC will be abuse of the program, e.g., a large number of repetitive requests for ADR by a particular facility, contractor, or whistleblower. Should the NRC believe the ADR program has been abused in some manner by one of the parties potentially involved, the Director, OE will be notified. To maximize the potential use of the ADR pilot program, for cases after an OI investigation is completed, the NRC will at least consider negotiating a settlement with a licensee for any wrongdoing case if requested. However, there may be certain circumstances where it may not be appropriate for the NRC to engage in ADR. 12. Number of settlement attempts. Each case will be afforded a maximum of two attempts to reach a settlement on the same underlying issue through the use of ADR. An ``attempt'' is defined as one or more mediated sessions conducted at a specific point in the NRC's enforcement process (generally within a 90 day period). However, in general, settlement at any time without the use of a neutral is not precluded by the ADR program. 13. Finality. Cases that reach a settlement (and are acceptable to the NRC), either in Early ADR or after an OI investigation is complete, constitute a final enforcement decision on the case by the NRC. III. ADR Opportunities A. Licensee Sponsored Programs Licensees are encouraged to develop ADR programs of their own for use in conjunction with an employee concerns type program. If an employee who alleges retaliation for engaging in protected activity utilizes a licensee's program to settle the discrimination concern, either before or after contacting the NRC, the licensee may voluntarily report the settlement to the NRC as a settlement within the NRC's jurisdiction. If notified of the settlement prior to initiation of an investigation, the NRC will review the settlement for restrictive agreements potentially in violation of 10 CFR 50.7(f), or other, similar regulations. Assuming no such restrictive agreements exist, the NRC will not investigate or take enforcement action. B. Early ADR The term ``Early ADR'' refers to the use of ADR prior to an OI investigation. The parties to Early ADR will normally be the complainant and the licensee. If the complainant is an employee of a licensee contractor, the parties will be the complainant and the contractor. Generally, the Early ADR process will parallel and work in conjunction with the NRC allegation program. The allegation process will be used through the determination of a prima facie case. If an Allegation Review Board (ARB) determines a prima facie case exists, the ARB will normally recommend the parties be offered the opportunity to use Early ADR. Exceptions to such a recommendation should be rare and be based solely on an identified and articulated abuse of the ADR process by a party who would be involved in the case under consideration. Exceptions will be approved by the Director, OE, prior to initiating an investigation based on denial of ADR. Early ADR cases will be tracked in the Allegation Management System (AMS). However, the allegation process timeliness measurement will be stayed once the ARB determines that ADR should be offered until the point in time ADR is declined by either party or the case is settled. When an agreement is reached, the mediator will record the terms of that agreement. The parties may sign the agreement at the mediation session, or any party may review the agreement with his/her attorney before the document is placed in final form and signed. However, as noted above, settlement agreements in Early ADR will not be final until at least 3 days after the agreement has been signed. No participant will hold the NRC liable for the results of the mediation, whether or not a resolution is reached. A settlement agreement between the parties will be reviewed by the NRC. OE will coordinate the review with the Office of the General Counsel (OGC). The review will ensure that no restrictive agreements in violation of 10 CFR 50.7(f) or other NRC regulations are contained in the settlement and will normally be completed within 5 working days of receipt. Given an acceptable settlement, the NRC will not investigate or take enforcement action. The NRC expects that parties to Early ADR will agree to some form of confidentiality. However, that agreement cannot extend to the reporting of any safety concerns potentially discussed during the ADR sessions if one of the parties desires to report the concern. Either party may report safety concerns discussed during ADR sessions to the NRC without regard to confidentiality agreements. Safety concerns and their disposition may be discussed between the parties if desired. In cases where an Early ADR negotiation is between a licensee contractor and the contractor's employee, the NRC expects the contractor to ensure the licensee is aware of any safety issues discussed during the negotiations. In addition to the settlement agreement, the licensee should provide the NRC with any planned or completed actions relevant to the safety conscious work environment that the licensee has determined to be appropriate. Generally no press release or other public announcement will be made by the NRC for cases settled by early ADR. However, all documents, including the proposed settlement agreement, submitted to the NRC will be official agency records, and while not generally publicly available, still subject to the Freedom of Information Act (FOIA). Documents associated with processing an Early ADR case will not generally be publicly available, consistent with the allegation program. However, documents may be subject to the FOIA and may be released, subject to redaction, pursuant to an FOIA request. Some negotiations may fail to settle the case. When a settlement is not reached, the appropriate intake neutral will be notified, typically by the mediator, and an ARB will determine the appropriate action in accordance with the allegation program. C. Post-Investigation ADR Post-investigation ADR refers to the use of ADR anytime after an OI [[Page 50223]] investigation is complete and an enforcement panel concludes that pursuit of an enforcement action appears warranted. Generally, post- investigation ADR processes will parallel and work in conjunction with the NRC enforcement program. After an investigation is complete, there are generally three issues that can be resolved using ADR; whether a violation occurred, the appropriate enforcement action, and the appropriate corrective actions for the violation(s). If the parties agree, any or all three may be considered in an ADR session. Two different types of enforcement cases will be eligible for ADR after an investigation is complete, discrimination and other wrongdoing cases. ADR will normally be considered at three places in the enforcement process after OI has completed an investigation: (1) After an enforcement panel has concluded there is the need to continue pursuing potential enforcement action based on an OI case and prior to the conduct of a predecisional enforcement conference (PEC); (2) after the initial enforcement action is taken, typically a Notice of Violation (NOV) and potentially a proposed civil penalty; and (3) after imposition of a civil penalty and prior to a hearing request. The parties to an ADR session after an OI investigation is complete will be the licensee and the NRC. Fees associated with the neutral will typically be divided between the NRC and the licensee, with each paying half of the total cost. Settlement discussions are expected to be complete within 90 days of initiating ADR prior to a PEC. The NRC may withdraw from settlement discussions if negotiations have not been completed in a timely manner. The terms of a settlement agreement will normally be confirmed by order. Typically, the specific terms of settlement will be agreed to during the negotiation. The staff will then incorporate appropriate terms into a confirmatory order, a draft of which will then be agreed to by the licensee prior to issuance. If an attempt to resolve a case using ADR prior to the conduct of a PEC fails, a predecisional enforcement conference will normally be offered to the licensee. The PEC will be conducted as described in the Enforcement Policy. For cases within the scope of the pilot program, after a panel concludes that a case warrants continuation of the enforcement process, the responsible region or office will contact the licensee and offer either a PEC or ADR. Consistent with the Enforcement Policy, a written response could be offered at the staff's discretion. Public notification of the settlement will normally be a press release and the confirmatory order will be published in the Federal Register. Confidentiality with the NRC as a party will be determined by the parties as allowed by the ADR Act. 1. Discrimination Cases Consistent with centralization of the discrimination enforcement process, the Director, Office of Enforcement, will normally negotiate for the NRC. Normally the NRC will coordinate participation of the complainant. While the complainant will not be a party to the ADR process after OI issues an investigation report, the NRC will typically seek the complainant's input to the process. Normally, the NRC will at least seek input from the complainant regarding suggested corrective actions aimed at improving the safety conscious work environment. OI reports (not including exhibits) will normally be provided to the licensee when the choice of ADR or a PEC is offered. A licensee may request ADR for discrimination violations based solely on a finding by DOL. However, the staff will not negotiate the finding by DOL. The appropriate enforcement sanction and corrective actions will be the typical focus of settlement discussions. 2. Other Than Discrimination Wrongdoing The regional administrator will normally be the principal negotiator for the NRC in ADR sessions on other wrongdoing cases. After imposition of a civil penalty or other order, the Director, Office of Enforcement and applicable regional administrator may determine that the Director would be the appropriate negotiator. Typically, an enforcement panel will be conducted to discuss the NRC's specific interests in the case prior to the regional administrator attending the settlement discussions. A limited review of the settlement terms may be conducted in conjunction with the preparation of the confirmatory order. The OI report will not routinely be offered to the licensee prior to ADR. However, the OI report may be provided, as necessary, during the negotiations with the licensee. IV. Integration With Traditional Enforcement Policy A. Potential Future Enforcement Actions Civil Penalty Assessments Section VI.C.2 of the Enforcement Policy provides the method for determination of a civil penalty amount. One aspect of the determination uses enforcement history as a factor. If the staff considers a civil penalty for a future escalated enforcement action, settlements under the enforcement ADR program occurring after a formal enforcement action is taken (e.g. an NOV is issued) may count as an enforcement case for purposes of determining whether identification credit is considered. Settlements occurring prior to an OI investigation will not count as previous enforcement. The status of settlement agreements occurring after an investigation is completed but prior to an NOV being issued will be established as part of the negotiation between the parties. Dated at Rockville, Maryland, this 6th day of August, 2004. For the Nuclear Regulatory Commission. Annette L. Vietti-Cook, Secretary of the Commission. [FR Doc. 04-18509 Filed 8-12-04; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 16 BBC: Japan nuclear firm shuts plants Last Updated: Friday, 13 August, 2004 [A burst cooling pipe at the Mihama power station in Japan] Experts from Japan's nuclear safety agency are at the site The Japanese company running a nuclear power plant where four workers died on Monday is to gradually close all 11 of its reactors for safety checks. Kansai Electric Power Co (Kepco) said it would start procedures immediately to take three units off line. The country's number two power firm, was asked to carry out the work by the government of Fukui prefecture. Workers died when non-radioactive steam escaped from a ruptured pipe at Kepco's Mihama plant. The incident was the nation's deadliest nuclear industry accident. We currently are putting o top priority on finding out the cause of the accident Kepco spokesman The Mihama No 3 reactor, where the fatalities took place, is already closed while two others are shut for regular maintenance. Kepco, which provides power to the heavily industrialised region around Osaka, said no power shortage would result from the phased closures. To make up for the shortfall in power the company said it would restart two oil-fired generators. 'No resignation' Japan has a total of 52 nuclear reactors and relies on atomic energy for more than one-third of its energy needs. No other of Japan's power companies have as yet followed Kepco's lead of announcing closures for safety checks. Media reports in Japan have said Kepco president Yosaku Fuji is likely to resign to take responsibility for Monday's accident. But a Kepco spokesman said there were no plans for its president to resign and no discussion of it. "We currently are putting our top priority on finding out the cause of the accident," the spokesman said. Experts from the national Nuclear and Industrial Safety Agency were at the accident site on Friday. Power companies have been instructed by the country's nuclear watchdog to check documentation, in order to ensure inspections on pipes similar to the one that ruptured at Mihama have been carried out properly. Similar checks have also been ordered at thermal plants. ***************************************************************** 17 NRC: Detroit Edison Company; Fermi 2; Notice of Consideration of FR Doc 04-18510 [Federal Register: August 13, 2004 (Volume 69, Number 156)] [Notices] [Page 50217-50219] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr13au04-104] 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. NPF-43, issued to the Detroit Edison Company (the licensee), for operation of Fermi 2 located in Monroe County, Michigan. The proposed amendment would (1) add License Condition 2.C.(22) requiring an integrated tracer gas test of the control room envelope using methods described in American Society for Testing and Materials E741-00, ``Standard Test Method for Determining Air Change in a Single Zone by Means of a Tracer Gas Dilution,'' and (2) delete Surveillance Requirement (SR) 3.7.3.6, which requires verification that unfiltered inleakage from control room emergency filtration system duct work outside the control room envelope is within limits. The proposed amendment was submitted by application dated July 30, 2004. The July 30, 2004, application supersedes the licensee's previous application dated March 31, 2003, in its entirety. The March 31, 2003, application was previously noticed in the Federal Register on May 27, 2003 (68 FR 28848). 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: 1. The proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated. The proposed change is to add a License Condition for tracer gas testing and eliminate SR 3.7.3.6. The Control Room Emergency Filtration (CREF) system provides a configuration for mitigating radiological consequences of accidents; however, it is not considered an initiator of any previously analyzed accident. Therefore, the proposed change cannot increase the probability of any previously evaluated accident. The CREF system provides a radiologically controlled environment from which the plant can be safely operated following a radiological accident. The current TS surveillance (SR 3.7.3.6) measures inleakage from four sections of CREF system duct work outside the Control Room Envelope (CRE) that are at negative pressure during accident conditions. Performance of tracer gas testing will provide essentially the same degree of assurance that CRE integrity is being maintained as before. Therefore, the proposed change does not significantly increase the radiological consequences of any previously analyzed accident. Based on the above, the proposed change does not significantly increase the probability or consequences of any accident previously evaluated. 2. The proposed change does not create the possibility of a new or different kind of accident from any accident previously evaluated. The proposed change to add a License Condition for tracer gas testing and to eliminate SR 3.7.3.6 does not alter the design or function of the system involved, nor does it introduce any new modes of plant or CREF system operation. Therefore, the proposed change does not create the potential for a new or different kind of accident from any accident previously evaluated. 3. The proposed change does not involve a significant reduction in the margin of safety. The proposed change to add a License Condition for tracer gas testing and to eliminate SR 3.7.3.6 will not affect the radiological release from a design basis accident. The postulated dose to the control room occupants as a result of an accident will remain approximately the same. Therefore, the proposed changes will not result in a significant reduction in the 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 [[Page 50218]] 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, 2.304, and 2.305 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/reading-rm/doc-collections/cfr/. If a request for a hearing and 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 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 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 and 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, or expedited delivery services: Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff; (3) e-mail addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, HEARINGDOCKET@NRC.GOV; or (4) facsimile transmission addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, Attention: Rulemakings and Adjudications Staff at (301) 415-1101, verification number is (301) 415-1966. A request for hearing and petition for leave to intervene filed by e-mail or facsimile transmission need not comply with the requirements of 10 CFR 2.304 (b)(c) and (d) if an original and two (2) copies otherwise comply with the requirements of Section 2.304 are mailed within two (2) days, of the filing by e-mail or facsimile transmission to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff. 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 email to OGCMailCenter@nrc.gov. A copy of the request for hearing and petition for leave to intervene should also be sent to Peter Marquardt, Legal Department, 688 WCB, Detroit Edison Company, 2000 2nd Avenue, Detroit, Michigan 48226-1279, the attorney for the licensee. For further details with respect to this action, see the application for amendment dated July 30, 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. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC PDR [[Page 50219]] Reference staff by telephone at 1-800-397-4209, 301-415-4737, or by e- mail to pdr@nrc.gov. Dated at Rockville, Maryland, this 6th day of August 2004. For the Nuclear Regulatory Commission. David P. Beaulieu, Project Manager, Section 1, Project Directorate III, Division of Licensing Project Management, Office of Nuclear Reactor Regulation. [FR Doc. 04-18510 Filed 8-12-04; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 18 KoreaTimes: US to Bear Cost of Dismantling NK Nukes Hankooki.com > Korea Times US to Fund Dismantling of NK Nukes: Powell By Ryu Jin Staff Reporter U.S. Secretary of State Colin Powell said on Thursday the United States is ready to fund the dismantling of North Korea¡¯s nuclear arms programs, but he stressed it should be a ``totally irreversible¡¯¡¯ dismantlement of all of its nuclear programs. But the senior White House official rejected the North¡¯s call on the U.S. to join the four other nations involved in the six-party talks in providing energy aid to resolve the prolonged standoff over Pyongyang¡¯s nuclear ambitions. ``I think just as we did with Libya in helping to remove the burden it had with those programs, we would certainly help North Korea,¡¯¡¯ he said in an interview with Radio Free Asia and a group of Japanese journalists in Washington. ``I think the International Atomic Energy Agency (IAEA) and all of the other parties to the six-party talks would have a role to play,¡¯¡¯ he added. Powell, however, stressed that the dismantlement has to be totally irreversible and across the entire program, and it has to acknowledge not only the previous programs, but the enriched uranium programs as well. ``So, if that was what they were willing to do, certainly the United States would be willing to assist with the cost of removal, destruction and total elimination of the programs,¡¯¡¯ he said. Powell, well known as one of the leading doves in the U.S. administration led by George W. Bush, however, rejected the North¡¯s demand that the U.S. should add something to the energy aid proposed by Seoul, Beijing, Tokyo and Moscow in return for its nuclear dismantling. ``Since other members of the six-party talks have said they would put something up front to assist North Korea with its fuel and energy needs, that should be enough,¡¯¡¯ he said. He added the U.S. has made it clear that it will provide assurances to North Korea with respect to ``our lack of a hostile intent¡¯¡¯ as well as ``our assertion and statement that we have no plans to invade or attack.¡¯¡¯ The North Korean nuclear impasse erupted in October 2002 when Washington claimed that Pyongyang had acknowledged it was developing nuclear arms in violation of a 1994 international agreement. A third round of six-way nuclear talks in Beijing ended without breakthrough in late June, although the U.S., the two Koreas, China, Japan and Russia agreed to meet again before the end of September. jinryu@koreatimes.co.kr 08-13-2004 17:27 ***************************************************************** 19 TheDay.com: Waterford - Seaweed Forces Millstone To Reduce Power Published on 8/13/2004 Seaweed from Long Island Sound got caught in the Millstone 3 reactor's turbine building Wednesday night, forcing plant operators to slightly reduce power until they can clean the area. Dominion Nuclear Connecticut, the owner of Millstone Power Station, reduced power at Millstone 3 from 100 percent to 91 percent after some seaweed got past racks designed to strain out debris at the entrance to the intake building, according to spokesman Pete Hyde. The power plant relies on water from Long Island Sound as a secondary means of cooling steam, which is used to turn a large turbine and generate electricity. On Wednesday, seaweed got past the racks and onto the condenser tubes used to cool the steam, Hyde said. The seaweed reduced the flow of the water, so the company reduced plant power and is cleaning the area. The weather's been choppy lately, Hyde said, so there may have been more seaweed than usual. The plant should return to full power sometime today, Hyde said.  Patricia Daddona 1998-2004 The Day Publishing Co. ***************************************************************** 20 asahi.com: Criminal charges sought in fatal nuclear plant accident The Asahi Shimbun FUKUI-Prefectural police will pursue charges of professional negligence resulting in death in Monday's accident at the Mihama Nuclear Power Plant that killed four workers and injured seven, sources said Thursday. The accident in Fukui Prefecture occurred when a section of pipe at the plant's No. 3 reactor burst and blasted the workers with scalding steam. Corrosion had reduced the original 1-centimeter thickness of the pipe to only 1.4 millimeters in some spots. The minimum thickness of the pipe should have been 4.7 mm, according to safety standards. But the pipe section was not checked even once in the 28 years since the nuclear reactor started operating in 1976. In Tokyo, Shoichi Nakagawa, the economy, trade and industry minister, said the accident was a ``disaster caused by human factor.'' He also said the responsibilities of the companies in question ``should definitely be questioned.'' Investigators will try to find evidence that the companies involved knew the unchecked pipe risked rupturing but did nothing to reduce the danger, the sources said. Police said the companies should have learned a lesson from a similar steam-leakage accident in 1986 at the Surry nuclear power plant in the U.S. state of Virginia. The 1986 accident also killed four workers when a ruptured pipe spewed out steam. The Virginia accident was caused by so-called corrosion wastage, which is what happens when corrosion from water turbulence inside a pipe reduces its thickness. Police believe the same problem occurred at the Mihama Nuclear Power Plant, and said the risky section of the pipe would had been discovered if an ultrasonic checkup was properly conducted. But checkups on the pipe section never took place after Mitsubishi Heavy Industries Ltd., in charge of pipe inspections until 1996, failed to enter the pipe section on its checklist. Osaka-based Nihon Arm Co., which took over the inspection task from Mitsubishi Heavy in 1996, says it did not notice the omission from the checklist until April last year. And Kansai Electric Power Co. (KEPCO), the operator of the Mihama nuclear station, insists it was not informed of the omission until last fall. Even after KEPCO knew the pipe section had not been checked, it put off an examination of the section until a routine inspection scheduled to start Saturday. The accident was Japan's worst at a nuclear facility in terms of fatalities. The Nuclear and Industrial Safety Agency of the Ministry of Economy, Trade and Industry on Wednesday told operators of the 52 nuclear reactors in the nation to check for corrosion wastage of all pipes and report the results by next Wednesday. The agency gave the same instructions to operators of all 837 thermal power facilities.(IHT/Asahi: August 13,2004) (08/13) [Copyright Asahi Shimbun. All rights reserved. No reproduction ***************************************************************** 21 AFP: Ukraine plays down nuclear breakdown KIEV (AFP) Aug 12, 2004 The Ukrainian authorities sought on Thursday to play down a series of incidents which disabled a brand new nuclear reactor, saying there was no cause for concern and accusing the media of alarmism. The reactor at Khmelnitsky power station had to be shut down on Sunday, less than two hours after it went into operation, Interfax news agency reported on Wednesday. Further technical failures prevented it operating on Monday and Tuesday. "These incidents do not represent any threat to the public or to the environment," state nuclear energy company Energoatom said in a statement. Ukraine was the scene of the world's worst civilian nuclear disaster in 1986, when a reactor at Chernobyl nuclear power station exploded, contaminating large areas in Ukraine and neighbouring Belarus and Russia. Energoatom confirmed incidents had occurred at Khmelnitsky but said it "saw no cause for concern". "Certain media inflated the affair," it said. The K2 Russian-designed VVER pressurised water reactor at Khmelnitsky, which has a capacity of 1,000 megawatts, was brought on stream on Sunday at a ceremony attended by Ukrainian President Leonid Kuchma. But it ground to a halt almost immediately. An official at Ukraine's governmental commission for atomic energy said that automatic security systems at the power plant had cut off the reactor from the electricity grid. The reactor was reconnected to the grid three hours later but had to be totally shut down later because of a failure in the cooling system caused by a power breakdown, the official added. The reactor was restarted on Monday, only to be stopped again on Tuesday, officially to test its shut-down system and cooling units. Energoatom said the incidents had been linked to tests conducted after the start up of the reactor. These tests were expected to continue until December. Four nuclear power stations provide nearly 50 percent of Ukraine's electrical power. Chenrobyl finally closed down in 2000, a move imposed by the international community before it would provide further aid to Ukraine's power programme. WAR.WIRE ***************************************************************** 22 AFP: Japan nuclear reactors shut down for checks after four killed WAR.WIRE TOKYO (AFP) Aug 13, 2004 Kansai Electric Power Co. began shutting down all its operating nuclear reactors for safety checks Friday after an accident that killed four workers in Japan's deadliest accident at a nuclear plant. Kansai Electric, Japan's second largest power company, began the phased shutdown as the government's nuclear safety agency started inspecting the scene of Monday's accident at a nuclear reactor in Mihama, 350 kilometresmiles) west of Tokyo. Police are also investigating the company for possible negligence. The four workers were killed and seven others were severely burned when non-radioactive steam blasted from a corroded water pipe that ruptured in a turbine room at the Mihama plant. The company admitted afterwards that the ruptured pipe had not been properly checked for 28 years and the thickness of the walls had fallen below the legal minimum. Kansai Electric began shutting down three nuclear reactors at three power stations Friday to prepare for ultrasonic tests on its pipes, company spokesman Takahiro Seno said. They were to be shut for about two weeks. Three reactors had already been halted, while the utility's remaining five would be shut down in stages later for about two weeks each, he said. The company will spend 10 billion yen (91 million dollars) covering the shortfall in power by restarting two dormant heavy oil power plants, he said. "We will be able to cover the full amount of the power reduction," Seno said. The shutdown came after the local governor of Fukui prefecture, where the accident happened, asked Kansai to check all similar pipes at its 11 reactors, "including halting operations if necessary," prefectural official Koichi Sakamoto said. Kansai's nuclear reactors, all in Fukui, have a capacity of 9.8 million kilowatt hours and account for 28 percent of the company's total output. The Nuclear and Industrial Safety Agency on Thursday asked all the nation's 10 power companies, which operate a combined 52 reactors, to scan their records to find neglected piping, agency official Shigeru Maeda said. Their reports were due Wednesday. "If they find there is a pipe they haven't checked, we also asked them to report what they will do about it," he said. The government inspection at Mihama was to determine the faulty pipe's mechanisms and why the company had failed to inspect it, agency official Kazuma Yokota said. WAR.WIRE ***************************************************************** 23 [DU-WATCH] DU Blamed for cancer cluster among iraq war veterans Date: Fri, 13 Aug 2004 01:29:20 -0500 (CDT) DU article number 2 from American Free Press to be published this weekend. There will be 2 more articles following this one. [Read Article #1 at www.americanfreepress.net] DEPLETED URANIUM BLAMED FOR CANCER CLUSTERS AMONG IRAQ WAR VETS By Christopher Bollyn American Free Press A discovery by American Free Press that nearly half of the recently returned soldiers in one unit from Iraq have malignant growths is critical evidence, according to experts, that depleted uranium weapons are responsible for the huge number of disabled Gulf War vets and damage to their DNA. A growing number of U.S. military personnel who are serving, or have served, in the Persian Gulf, Iraq, and Afghanistan have become sick and disabled from a variety of symptoms commonly known as Gulf War Syndrome. Depleted uranium (DU) weapons have been blamed for causing many of the symptoms. Gulf War vets are coming down with these symptoms at twice the rate of vets from previous conflicts, said Barbara A. Goodno from the Dept. of Defenses Deployment Health Support Directorate. A recent discovery by American Free Press that nearly half the soldiers in one returned unit have malignant growths has provided the scientific community with critical evidence, experts say, to help understand exactly how depleted uranium affects humans and their DNA. One of the first published researchers of Gulf War Syndrome, Dr. Andras Korinyi-Both told AFP that 27-28 percent of Gulf War veterans have suffered chronic health problems, more than 5 times the rate of Viet Nam vets, and 4 times the rate of Korean War vets. Korinyi-Both said his son had recently returned from Iraq, where he had been part of the initial assault from Kuwait to Baghdad. >From his unit of 20 men, 8 now have malignant growths, Korinyi-Both said. Dr. Korinyi-Both is not an expert on DU, but has written extensively about how the fine desert sand blowing around Iraq and the Arabian Peninsula provides a ideal vehicle for toxins, increasing the range and effect of biological and chemical agents, such as DU, that attach themselves to the particles of sand. Korinyi-Both described how, during the 1991 Gulf War, he and others had inhaled large quantities of sand dust that could have been laden with chemical or biological agents. The sand destroyed our immune systems, he said. FULKS THEORY Marion Fulk, a former nuclear chemical physicist at Lawrence Livermore lab, is investigating how DU affects the human body. Fulk said that 8 malignancies out of 20, in 16 months, is spectacular and of serious concern. The high rate of malignancies found in this unit appears to have been caused by exposure to DU weapons on the battlefield. If DU were found to be the cause, this case would be critical evidence of Fulks theory on how the DU particulate affects DNA. Such quick malignancies are caused by the particulate effect of DU, according to Fulk: When DU (Uranium 238) decays, it transforms into two short-lived and very hot isotopes Thorium 234 and Protactinium 234. As it transforms in the body, the DU particle is firing off faster and faster bullets into the DNA, Fulk said, or wherever it is lodged. Because uranium has a natural attraction to phosphorus, however, it is drawn to the phosphate in the DNA. As the Uranium 238 decays, it releases alpha and beta particles with millions of electron volts. When a DU particle makes this transformation in the human body it releases huge amounts of energy in the same location doing lots of damage very quickly, Fulk said. Thorium 234 has a half-life of 24 days and emits a beta particle of .270 million electron volts as it transforms into Protactinium 234, which has a half-life of less than 7 hours. Protactinium then emits a beta particle of 2.19 million electron volts as it transforms into the more stable Uranium 234. The chemical binding energy in the molecules of the human cell is less than 10 electron volts. One alpha particle from U-238 is over 4 million electron volts, which is like nuking a cell. Leuren Moret, a scientist who is opposed to the use of DU, compared it to sitting in front of a fire and putting a red-hot coal in your mouth. The nuclear establishment wants us to believe that it is like sitting in front of the fire and warming the whole body evenly and that no harm is done, but that is not the reality, she said. We can expect to see multiple cancers in one person, Moret said. These multiple unrelated cancers in the same individual have been reported in Yugoslavia and Iraq in families that had no history of any cancer. This is unknown in the previous studies of cancer, she said. A new phenomenon. The Pentagons Goodno questioned Dr. Korinyi-Boths report that 8 of 20 recently returned soldiers from one unit had experienced malignant growths. Goodno and Korinyi-Both did agree, however, that Iraqi chemical and biological agents had not played a role in the 2003 invasion. This is significant because three factors have generally been blamed for causing Gulf War Syndrome: Iraqi chemical and biological weapons, the cocktail of vaccinations given to coalition soldiers, and depleted uranium. The absence of any detectable chemical or biological agents during the 2003 invasion of Iraq reduces the number of potential factors for the malignancies in the veterans to pre-war vaccinations and DU. Statistics published in Encyclopedia Britannicas 2003 Almanac indicate that 325,000 Gulf War vets were receiving compensation for service-related disabilities in 2000. The almanac lists 580,400 combatants in the Persian Gulf War of 1990-91, yet only 467 U.S. personnel were actually wounded during the conflict. The 325,000 disabled Gulf War vets are equivalent to 56 percent of the number of military personnel serving in the theater of operation. Furthermore, in 2000, nine years after the three-week war in Iraq had ended, the number of disabled vets from the Gulf War was increasing yearly by more than 43,000. While the number of disabled vets from previous wars is decreasing by about 35,000 per year, since the War on Terror began in 2001, the total number of disabled vets has grown to some 2.5 million. MORE DISABLED VETS More than ever before, Brad Flohr of the Dept. of Veterans Affairs said about the total number of disabled vets. Asked if there are more disabled vets now than even after World War II, Flohr said he believed so. Terry Jemison of the Dept. of Veterans Affairs told AFP that current statistics indicate that more than half a million veterans of the 14-year-old Gulf War era are now receiving disability compensation. During this period, some 7,035 soldiers are reported having been wounded in Iraq. With 518,739 disabled Gulf-era veterans currently receiving disability compensation, according to Jemison, the number of veterans disabled after the war is more than 73 times the total number of wounded, in and out of combat, from the entire 14-year conflict with Iraq. DEPLETED URANIUM WEAPONS Last December, Dr. Asaf Durakovic, a nuclear medicine expert who has conducted extensive research on depleted uranium, examined nine soldiers from the 442nd Military Police Company of New York and found that four of the men had absorbed or inhaled depleted uranium (U-238). Several of the men had traces of another uranium isotope, U-236, which is only produced in a nuclear reaction process. Both U-238 and U-236 are man-made forms of uranium. These men were almost certainly exposed to radioactive weapons on the battlefield, Durakovic said. Due to the current proliferation of DU weaponry, the battlefields of the future will be unlike any battlefields in history, Durakovic, then Chief of Nuclear Medicine for the Veterans Administration said after the first Gulf War, in which he served. Since 1991, the U.S. military has used DU in munitions as penetrating rods, which destroy enemy tanks and their occupants, and as armor on U.S. tanks. When DU penetrating rods strike a hard target some of the radioactive and chemically toxic DU is vaporized into ultra-fine particles that are easily inhaled or absorbed through the skin. According to a survey of 10,051 Gulf War veterans, conducted between 1991 and 1995 by Vic Sylvester and the Operation Desert Shield/Desert Storm Association, 82 percent of veterans reported having entered captured Iraqi vehicles. This would suggest that 123,000 soldiers have been directly exposed to DU, Durakovic said. Since the effects of contamination by uranium cannot be directed or contained, uraniums chemical and radiological toxicity will create environments that are hostile not only to the health of enemy forces but of ones own forces as well, Durakovic said. Because of the chemical and radiological toxicity of DU, the small number of particles trapped in the lungs, kidneys, and bone greatly increase the risk of cancer and all other illnesses over time, Durakovic, an expert of internal contamination of radio-isotopes, said. According to Durakovic, other symptoms associated with DU poisoning are: emotional and mental deterioration, fatigue, loss of bowel and bladder control, and numerous forms of cancer. Such symptoms are increasing showing up in Iraqs children and among Gulf War veterans and their offspring, he said. Although I personally served in Operation Desert Shield as Unit Commander, Durakovic said, my expertise of internal contamination was never used because we were never informed of the intended use of DU prior to or during the war. The numbers are overwhelming, but the potential horrors only get worse, Robert C. Koehler of the Chicago-based Tribune Media Services wrote in his March 25 article on DU weapons, Silent Genocide. DU dust does more than wreak havoc on the immune systems of those who breathe it or touch it; the substance also alters ones genetic code, Koehler wrote. The Pentagons response to such charges is denial, denial, denial. And the American media is its moral co-conspirator. As AFP reported last week, the smallest particles of DU, when inhaled, are capable of moving throughout the human body, passing through cell walls and affecting the persons Master Code, according to Fulk, and the _expression of the DNA. Four years after the Gulf War of 1991, Life magazine published a photo-essay entitled The Tiny Victims of Desert Storm, which focused on the numerous cases of severe birth defects that had occurred in families of veterans from that war. Life reported, Of the 400 sick vets who had already answered [Don Riegles Senate Banking] committee inquiries, a startling 65 percent reported birth defects or immune-system problems in children conceived after the war. AFP asked the Dept. of Veterans Affairs if they kept records of the birth defects occurring among the families of veterans, and was told they do not. ___________________________________________________________ALL-NEW Yahoo! Messenger - all new features - even more fun! http://uk.messenger.yahoo.com ------------------------ Yahoo! Groups Sponsor --------------------~--> Make a clean sweep of pop-up ads. Yahoo! Companion Toolbar. Now with Pop-Up Blocker. Get it for free! http://us.click.yahoo.com/L5YrjA/eSIIAA/yQLSAA/Sj.0lB/TM --------------------------------------------------------------------~-> [Brought to you by HTTP://WWW.STOPNATO.ORG.UK] Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/du-watch/ <*> To unsubscribe from this group, send an email to: du-watch-unsubscribe@yahoogroups.com <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/ ***************************************************************** 24 [NukeNet] plutonium Danger Greater Than Thought Date: Fri, 13 Aug 2004 14:55:20 -0700 Hi, colleagues: There have been several requests for this article, so I thought I'd share it more broadly. Peace, Marylia Kelley Plutonium Danger Greater Than Thought By Inga Olson and Marylia Kelley >From Tri-Valley CAREs' August 2004 newsletter, Citizen's Watch There is no doubt, according to a new report leaked to the "New Scientist" magazine, that radiation emitted by plutonium and other radionuclides may cause much more damage to human cells than was previously believed. The report, due to be released in the next several months, was produced by the Committee Examining Radiation Risks from Internal Emitters (CERRIE). The committee was composed of 12 specialists from the British government's National Radiological Protection Board, the nuclear industry, universities and environmental groups. All CERRIE members reportedly agreed that, "the margin of uncertainty over the risks of plutonium inside the body could extend over at least an order of magnitude." The CERRIE report raises the profile of recent scientific discoveries about the less obvious effects of low-level radiation. For example, descendants of cells that appear to be unharmed by radiation may, in fact, suffer delayed damage. This is referred to as "genomic instability," and it carries major implications for how the biological impacts of so-called "low-level" radiation exposures are calculated. (Note that research into genomic instability has also been previously reported in "New Scientist" and other journals, and copies are available at the Tri-Valley CAREs office.) Additionally, scientific experiments are showing that cells located near irradiated cells can also be damaged by a phenomenon called "the bystander effect." We often call this "the neighborhood effect," a term coined by Marion Fulk, a retired Livermore Lab physicist and science advisor to Tri-Valley CAREs. And, according to "New Scientist," small pieces of DNA, called mini-satellites, that are passed from one generation to another show an increase in the number of mutations. The concern is that these effects could result in cancer and a wide variety of other illnesses. Therefore, says CERRIE, the cancer risk from exposure to plutonium inside the body could be 10 times higher than is allowed for in calculating international safety limits. The CERRIE report, and other new scientific research showing that the current "allowable limits" used by regulatory agencies may not be sufficiently protective of human health, should be taken into consideration when analyzing operations at Livermore Lab. For example, if plutonium exposure is more harmful than previously calculated, our government agencies should take a fresh look at the question of who received the plutonium-contaminated sludge released by the Lab and distributed free to residents between 1958 and 1974. Pu-239 has a half-life of 24,000 years, making this an issue of current and future as well as past exposures. The proposal to more than double the plutonium limit at Livermore Lab to 3,300 pounds becomes even more alarming when seen through the lens of this new research. The CERRIE report provides all the more reason to move Livermore Lab in the opposite direction; that is, toward terminating its plutonium work. Already, there have been numerous reports citing security deficiencies involving plutonium at Livermore Lab. And, the General Accounting Office and others have strongly criticized the DOE's ability to respond to a terror attack at Livermore. Under fire, DOE Secretary Spencer Abraham recently agreed to study whether special nuclear materials should be removed from Livermore. A decision whether to de-inventory the plutonium at Livermore is supposed to be forthcoming from Abraham's office in 2005. However, the DOE decision on whether to more than double the plutonium storage limit at Livermore Lab is also due in 2005. Can anyone say "mutually incompatible?" The CERRIE report is a wake up call locally - and to the 7 million people living within a 50-mile radius of Livermore Lab. We hope CERRIE's findings will help in our efforts to ramp down the plutonium activities at Livermore Lab, obtain cleanup and relief for families that have contaminated sludge in their gardens and get justice for sick and dying workers and community members. We invite you to join us in these efforts! ends Marylia Kelley Executive Director Tri-Valley CAREs (Communities Against a Radioactive Environment) 2582 Old First Street Livermore, CA USA 94551 - is our web site address. Please visit us there! (925) 443-7148 - is our phone (925) 443-0177 - is our fax _______________________________________________________________________ Subscribe/Unsubscribe Here: http://www.energyjustice.net/nukenet/ Change your settings at: http://energyjustice.net/mailman/listinfo/nukenet_energyjustice.net ***************************************************************** 25 [NukeNet] Sick Nuclear Workers Resource Center-longer version Date: Fri, 13 Aug 2004 14:55:21 -0700 Dear friends-- Here is the slightly longer version of the story. Peace, Marylia Livermore Center for Sick Atomic Workers Opens Its Doors By Inga Olson >From Tri-Valley CAREs' August 2004 newsletter, Citizen's Watch A long overdue step on the road to justice for sick atomic workers was taken on July 12, 2004, with the opening of a new Resource Center in Livermore. Though the official ceremony will take place later in the year, the center's doors are open, the phone is on, and the work can begin. We are elated that sick workers from the Livermore Lab and other Dept. of Energy (DOE) facilities in the area now have a permanent location and staff to help them apply for compensation and medical benefits. People who are ill with cancer, chronic beryllium disease or silicosis due to on-the-job exposures, and certain family members, can apply to receive a payment of $150,000 and medical care costs. Workers with other diseases or exposures to other toxic poisons can get help applying for State Workers' Compensation benefits. Tri-Valley CAREs has offered its expertise as an advocacy center for the sick workers since 2001 when the Energy Employees Occupational Illness Compensation program began. We have conducted outreach to DOE workers and the public about the program, helped people apply for compensation, and facilitated a support group for sick workers. We will continue this work, and expect that the opening of a permanent Dept. of Labor/DOE Resource Center will mean additional outreach and assistance to workers. The siting of a Resource Center in Livermore is the result of public and congressional efforts. Tri-Valley CAREs and leaders of the sick worker support group (with special kudos going to Joyce Brooks, Linda Gallego, and Gerry Giovacchini), along with other support group members, conducted letter writing campaigns, made phone calls, held meetings with DOE and Labor officials in Washington and generally raised "hell" to get a permanent Resource Center located in the community. Our Rep. Ellen Tauscher and our Sen. Dianne Feinstein were key in passing legislation to mandate the center and provide the funds to set it up, and we thank them. Tri-Valley CAREs, the sick worker support group and the Society of Professional Scientists and Engineers, which represents workers at Livermore Lab, recruited top-notch candidates to apply for employment positions at the Resource Center. The government chose not to hire any of them. Still, we three groups know the extreme need for services for sick and dying atomic workers, and we are giving the Resource Center and its staff every opportunity to prove their worth. Tri-Valley CAREs and the other organizations will work with the Resource Center to ensure that the center acts to the full extent of its authority to mount a vigorous outreach program to the DOE labs, other employers, contractors, healthcare providers, unions and community groups so that all eligible workers and family members throughout the State will understand their right to apply for compensation and services. We expect, also, that the Resource Center will help workers secure copies of their employment and exposure records. In addition, we hope the center's services will extend to helping the workers find appropriate legal and medical specialists to answer questions about their exposures and diseases and such things as where to get the proper tests for beryllium sensitivity. Another "next step" for Tri-Valley CAREs will be to identify whether there are areas at Livermore Lab and Sandia Lab that might qualify the workers under the "Special Exposure Cohort" rule. This designation can be made if the workers were contaminated and there was inadequate monitoring or record-keeping. Certainly, these things have been true at the weapons labs, the hard part will be convincing a government bureaucracy that doesn't want to hear it. If we succeed in getting a special cohort designation, it could expedite payment of claims. This is important because the government has done an abysmal job so far in paying any awards. At Livermore and Sandia Labs, most workers' claims have been referred to the National Institute for Occupational Safety and Health (NIOSH) and are waiting for individual dose reconstructions. In many cases these claims have been sitting at NIOSH for 1 to 3 years. Currently, NIOSH is working at Livermore Lab to complete a site-wide dose reconstruction. We are collecting stories from workers about accidents, exposures and hot areas to make sure that NIOSH doesn't overlook important information, for example due to poor records. Current or former employees of Livermore Lab, Sandia, Livermore, the Stanford Linear Accelerator Center, Lawrence Berkeley Lab or any of the other 31 covered facilities in CA who have information about accidents, exposures, monitoring or record-keeping deficiencies, please call Inga Olson at the Tri-Valley CAREs' office (925) 443-7148. The Resource Center for Sick Workers is located at 2600 Kitty Hawk Road, Suite 101, Livermore, CA 94550 (take Airway Blvd. Exit off I-580). The phone is (925) 606-6302. ends Marylia Kelley Executive Director Tri-Valley CAREs (Communities Against a Radioactive Environment) 2582 Old First Street Livermore, CA USA 94551 - is our web site address. Please visit us there! (925) 443-7148 - is our phone (925) 443-0177 - is our fax _______________________________________________________________________ Subscribe/Unsubscribe Here: http://www.energyjustice.net/nukenet/ Change your settings at: http://energyjustice.net/mailman/listinfo/nukenet_energyjustice.net ***************************************************************** 26 UCS BulletinWire News: Nuclear fuel foul-up August 13, 2004 Following the discovery that a potentially dangerous concentration of uranium was present in the ash of an incinerator at a Columbia, South Carolina, nuclear fuel plant, the Nuclear Regulatory Commission (NRC) announced it was fining the plants operator, Westinghouse Electric Company, $24,000. Enough uranium had collected in the incinerator, which burns contaminated waste, to present a significant increase in the likelihood of a nuclear criticality event, according to the NRC. Westinghouse acknowledged its responsibility for allowing the uranium to build up and blamed the mistake on a miscommunication between employees who knew of the potential for uranium to build up in the incinerator and those who did not. There is a weakness in this organization, which we are addressing, said Mark Fecteau, the plants manager. In hindsight, you can see we had opportunities to catch this (The State, August 10). Although Westinghouse averted disaster despite the weakness in its organization, the JCO fuel production plant in Tokaimura, Japan, was less fortunate. In 1999, ill-trained employees were at fault when a criticality accident occurred while they were misusing a precipitation vessel to prepare nuclear fuel. Although it is difficult to believe, [the employees] apparently did not understand that the amount of intermediate-enriched uranium that could be safely poured into the vessel was smaller than the safe amount of low-enriched uranium, the material they were accustomed to working with. Yokokawa, the supervisor, told investigators later that he didnt even know what a criticality was, reported Edwin Lyman and Steven Dolley in the March/April 2000 Bulletin. After it was discovered that the company operating the JCO plant had been using illegal procedures, the role of Japans regulatory Science and Technology Agency in the accident came into question. Although the companys part in the accident is beyond dispute, the agency also deserves part of the blame, concluded Lyman and Dolley. Similarly, the NRCs role in the Columbia incident also came into question, considering that the recent incident was not the first time Westinghouse has let uranium accumulate dangerously in the incinerator. A recent NRC inspection report found that Westinghouse exceeded criticality safety limits in incinerator ash six times from 1996 to 2004, according to The State. Whether or not it deserves any of the blame, the NRC deserves no credit for dealing with the problem, Arjun Makhijani, president of the Institute for Energy and Environmental Research, told The State. Bulletin Resources Beryllium's nasty legacy lives on The government program to compensate employees made sick from years of working in the nuclear weapons industry has paid out more than $900 million in benefits in response to more than 11,500 claims. But when it comes to those exposed to beryllium—a light, strong metal used in nuclear weapon construction that is known to have damaged the lungs of some workers—the compensation program still has some work to do. In order to reach more former workers who might be suffering from illnesses caused by beryllium exposure—including chronic beryllium disease (CBD)—the Energy Department is planning to broaden its effort into a nationwide initiative to identify potential claimants (Wired News, August 11). The claims paid thus far represent only a fraction of the total number of potential claimants, as the government has yet to reach many former workers who may have relocated or retired, according to Dr. Laura Welch, medical director for the Center to Protect Workers Rights, wrote Wired News reporter John Gartner in the first of his two-part series on beryllium. Welch said fewer than half the construction workers who worked at an Energy Department site in Hanford, Washington, knew they were exposed to beryllium when Energy contacted them. Despite the push to fully recognize the scope of the damage caused by beryllium exposure, health officials are still searching for ways to protect workers who are exposed to the potentially dangerous metal during commercial fabrication processes today, Gartner wrote in the second part of his series. In an opinion article in the November/December 2002 Bulletin, author Glenn Bell wrote about Energy Department plans to work with the government of Kazakhstan to establish a beryllium production industry in the Central Asian country. Bell, a member of the Beryllium Victims Alliance and an advocate for recognizing the risks posed by beryllium exposure, lamented that a new generation of workers is likely to fall victim to the dangers of beryllium exposure. Given the substantial number of beryllium-related illnesses in the United States, it is inappropriate for U.S. authorities to support expanding the metals production abroad, where health and safety regulations are sorely inadequate. There is no guarantee that criminal organizations will not try to exploit these private enterprises, wrote Bell. ***************************************************************** 27 Las Vegas RJ: President stands by Yucca Mountain decisions Friday, August 13, 2004 By ERIN NEFF REVIEW-JOURNAL President Bush emphasizes a point during his 45-minute speech Thursday before an invited crowd of 1,300 in Las Vegas. Photo by John Gurzinski. President Bush on Thursday stood by his decision to locate a national nuclear waste repository at Yucca Mountain and pledged to abide by any court or licensing decision related to the project. "I will allow this process to be appealed to the courts and to the Nuclear Regulatory Commission, and I will stand by the decision of the courts and the Nuclear Regulatory Commission," Bush said in his speech at the carpenters union training center south of the airport. Bush called Yucca Mountain a "vital question" and said "we need to keep facts, not politics, at the center of the debate." In his first public statements on the issue, viewed as central in a key battleground state, Bush accused Democratic presidential candidate John Kerry of "trying to turn Yucca Mountain into a political poker chip." Bush said the issue has been developing over the years and mentioned the 1987 congressional vote to exclusively study Yucca Mountain, 100 miles northwest of Las Vegas, as a potential repository. Implied, but not spoken, was Kerry's vote in support of that bill. During a two-day campaign tour in Southern Nevada this week, Kerry said his 1987 vote was to study the issue, and he noted he voted against the repository on every substantive vote. Bush has been criticized by Democrats for approving Yucca Mountain a year into his presidency, which they contend violated a 2000 promise to Nevada voters that he would base his decision on "sound science, not politics." The president addressed his promise. "When I campaigned here in this state, I said I would make a decision based upon science, not politics," Bush said. "I said I would listen to the scientists, those involved with determining whether or not this project could move forward in a safe manner. And that's exactly what I did. ... I listened to the people who know the facts and know the science, and made a decision." Bush also addressed Nevada's Republican leaders who disagree with him on the decision, including Gov. Kenny Guinn, who attended the event. "They didn't agree with my decision. I understand that. They made themselves very clear," Bush said. The president went on to say that he would allow the process to be appealed. Rep. Shelley Berkley, D-Nev., said she couldn't believe Bush's comments. "He didn't allow the state of Nevada to go to court," she said. "The state has a constitutional right to go to court, and we won on this issue." Berkley was referring to a recent U.S. Circuit Court of Appeals decision which invalidated a requirement that the repository be able to contain radioactive materials safely for at least 10,000 years, suggesting the period should be longer -- perhaps hundreds of thousands of years. During his trip to Las Vegas, Kerry called on Bush to hold off submitting an application for licensing the repository. Kerry also said that, if elected, he would withdraw any application for a license the Bush administration submits, and that he would veto any congressional attempts to change the EPA's radiation standards. The Bush-Cheney campaign said Kerry has been playing politics with the issue. The campaign handed out a 1996 letter Kerry and fellow Massachusetts Sen. Edward Kennedy wrote to then-Department of Energy Secretary Hazel O'Leary. In the letter, the senators urge her to comply with the congressional budget bill directing the department to complete core scientific tests at Yucca Mountain. "It is important for us to move towards a viable and safe solution to the nation's need for a permanent nuclear waste repository," the letter states. "We are hopeful that DOE will move expeditiously to comply with the direction of the conferees and properly fund scientific and technical suitability testing at Yucca Mountain." On Wednesday, Kerry said he has studied the science over the years and no longer believes geological burial of the waste can be done safely. The Bush campaign also pointed to a 1999 letter Kerry, Kennedy and the two Connecticut senators wrote to then-Sen. Frank Murkowski, chairman of the Energy and Natural Resources Committee, seeking to expedite shipments to Nevada if an interim repository were approved. On Wednesday, Kerry said he didn't recall signing it, suggested it was a delegation-generated letter and pointed out that he voted against interim storage when it did come to Congress. Murkowski, now governor of Alaska, issued a statement for the Bush campaign Thursday that said: "John Kerry's message with this letter was clear; get nuclear waste out of my state now, and send it to Nevada." Bush was less blunt, saying: "My opponent says he's strongly against Yucca here in Nevada, but he voted for it several times. And so did his running mate." Kerry voted against the repository in 2002 and in 1999. Vice presidential candidate John Edwards voted for the repository in 2002 and now says he would defer to Kerry's position on Yucca Mountain. "My point to you is that, if they're going to change one day they may change again," Bush said to a standing ovation. "I think we need -- I think you need straight talk on this issue. I think you need somebody who is going to do what he says he's going to do." Peggy Maze Johnson, president of Citizen Alert, is one of the plaintiffs in Nevada's lawsuit challenging the Yucca Mountain repository. She disputed Bush made his decision based on science, saying the Government Accounting Agency has identified more than 200 unresolved scientific issues involving the repository and that the Nuclear Waste Technical Review Board has found no leak-proof canister for storing the waste. "The citizens of Nevada are not stupid," Maze Johnson said. "Don't lie to us once again, Mr. President." According to a poll commissioned in July for the Review-Journal, 57 percent of Nevada voters said Bush's approval of the repository would have no influence on their presidential vote. Thirty-five percent said the decision would make them less likely to vote for Bush, and 6 percent said it would make them more likely to support Bush. Just before his speech, during a tour of the training center, Bush was asked twice why he approved Yucca Mountain. He smiled and waved at the reporter. Copyright Las Vegas Review-Journal ***************************************************************** 28 Las Vegas RJ: Bush supporters, protesters face to face at union hall Friday, August 13, 2004 By RICHARD LAKE REVIEW-JOURNAL Police hold the line between protesters opposed to President Bush and his supporters entering the rally where he spoke Thursday at the Carpenters and Joiners Union training center. Photo by Samantha Clemens Democratic protesters shouted personal insults at people who attended President Bush's speech Thursday, capping off a protest rally led by labor union members who support John Kerry. "Hey you bunch of losers, keep walking," shouted Bill Pasiecznik, with the laborers local 872, as a steady stream of speech attendees walked to their cars. "Shame on you. Shame on you," came the taunts from Randy Soltero with the sheetmetal workers union. "Did you believe the lies?" The protesters began gathering before 9 a.m., armed with signs declaring Bush a liar, a war monger and a bad manager of the economy. Police said they had to break up a fistfight at one point between a Bush supporter and a Kerry supporter, and officers were seen escorting Bush supporters to their cars. But police said they made no arrests. "I don't have a problem with protesting," said Gaylene Teshima, who attended the speech with her family. "But for them to be so rude and go so far as to tear the bumper stickers off our car, that to me really spoke volumes about where they stand as far as integrity and honor." Bush was in town briefly to speak at the United Brotherhood of Carpenters and Joiners of America's training center, just south of McCarran International Airport. The president arrived at the center through a rear entrance about 10:30 a.m., and left about an hour later. The protesters never got to see him before he took off for Southern California. Police estimated the number of protesters at about 250, though the crowd looked to be about twice that size. A Democratic Party volunteer said he thought there were 2,000 protesters there, though that number seemed inordinately high. In heat that topped 100 degrees, the protesters varied chanting "No more Bush," "Hey hey, ho ho, George Bush has got to go," and "Hell no, we won't glow," a reference to Bush's approval of Yucca Mountain, located 100 miles northwest of Las Vegas, as a proposed nuclear waste repository. Some protesters wore T-shirts declaring "Bush sucks," or "Bush is an idiot." There were others, however, who toned down their message. "I don't want four more years of Bush, and I'll stand out here in 150 degrees if I have to," said Connie Gilmore, a homemaker whose husband is a member of the Carpenter's union. "Bush has united Americans like no one has united them before, and we're all against him." Amid the signs was one made by Lyla Bartholomae, 62. "Bush, you lied. You're fired. Here's your pink slip," said the sign, which featured the kind of pink slip typically worn under a dress. Review-Journal writer Brian Haynes contributed to this report. Copyright Las Vegas Review-Journal ***************************************************************** 29 Las Vegas RJ: NRC denies Yucca Mountain bias claim Friday, August 13, 2004 Letter rejects Nevada agency official's charge By STEVE TETREAULT STEPHENS WASHINGTON BUREAU WASHINGTON -- A suggestion by Nevada officials that Nuclear Regulatory Commission evaluators are biased in favor of the Yucca Mountain Project drew a sharp rebuttal. Karen Cyr, NRC general counsel, said Nevada leaders were irresponsible to suggest agency staffers are biased after the state expressed unhappiness with a legal opinion on a segment of the nuclear waste repository plan. Cyr commented in a letter sent Wednesday to Robert Loux, executive director of the Nevada Agency for Nuclear Projects. Loux had asked Cyr to investigate whether agency staff was being encouraged to tilt in favor of the Department of Energy on Yucca Mountain matters. Loux said NRC attorney Mitzi Young crossed the line Aug. 4 when she delivered a legal opinion favoring the Energy Department at a hearing. Cyr wrote that she spoke to Young and that staffers have not been compromised. "Merely because the staff's views may diverge from those of the state in a particular instance, it is irresponsible to suggest that they therefore reflect an inappropriate bias toward the Department of Energy," the NRC official wrote. Loux said Thursday he still believes the Energy Department and the NRC "are in bed together" to get the nuclear repository approved. Copyright Las Vegas Review-Journal ***************************************************************** 30 KTNV: Bush in Nevada [Channel 13] After 2 days of John Kerry in Las Vegas, it was President Bush's turn to woo voters. The President spoke to more than 1,000 people Thursday morning at the "United Brotherhood of Carpenters and Joiners of America." He talked about a number of things, from national security to Yucca Mountain. He voted in 2002 to allow Yucca Mountain to be the storage site for 77,000 tons of nuclear waste, and while it's an issue that could determine the presidency, he said it was a decision based on science. I'll tell you what I will do; I will allow this process to be appealed to the courts and to the nuclear regulatroy commission and I will stand by the decision of the courts and the Nuclear Regulatory Commission," the President said. While his opponent, John Kerry maintains mister Bush broke his promise to Nevada, the President said check out Kerry's voting record. "Now my opponent is trying to turn Yucca mountain into a political poker chip, he said he's strongly against Yucca here in Nevada, but he voted for it several times," he said. The President also said America must make good on it's word when it comes to Iraq and standing up to terrorists. "It's a risk we could not afford to take and knowing what I know now, I would've made the same decision and the world is better off for it," he said." Hundreds showed up outside to protest the President's visit. © 2004 KTNV and Journal Broadcast Group ***************************************************************** 31 Las Vegas SUN: Protesters brave the heat By Christina Littlefield LAS VEGAS SUN John Kerry supporters and/or George Bush despisers came out in droves Thursday morning -- despite the scorching heat -- to protest the U.S. president's speech at the local Carpenter's union. Organizers passed out water bottles constantly throughout the event, which lasted about four hours, but as the temperature rose 10 degrees throughout the morning, the once-energetic crowd began to peter out. With sweat dripping from his hair, 20-year-old Vincent Carson was even begging other protesters to take their turn in the hot Hazmat suit the young man was wearing to protest Bush's support of the Yucca Mountain dump. While Yucca Mountain brought several dozen of the protesters out, most were union members who said they were upset at what they called the Bush administration's anti-labor policies, the outsourcing of American jobs, and the new overtime law that they said hurt American workers. "We can't afford four more years of this guy," Danny Thompson, executive secretary treasurer of the Nevada AFL-CIO, said. The Nevada AFL-CIO organized the protest along with the Democratic party and were joined in the protest by political groups Move-On and America Coming Together. The protesters never got a glimpse of the president, as his entourage took a back way into the United Brotherhood of Carpenters and Joiners of America International Training Center, where he gave a speech, and bypassed the union members and John Kerry supporters lining Gilespie Street just south of McCarran International Airport. Police estimated the crowd at about 250 to 300 people, but Democratic party leader Jon Summers said his people had counted 1,300 -- well above the 1,000 the party had hoped to get. The crowd grew to 500 or more when the protest hit its peak just before 11 a.m., when Bush began his speech. Led by bull-horn wielding protesters, the crowd displayed high energy as they chanted together, shouting things like "No more Bush," "Three more months" and "Bush and Cheney have to go." Most protesters held signs that said "Bush hands off overtime," but others displayed more creativity. One younger protester, Meagan Lewis, a 15-year-old canvaser for America Coming Together, held a sign that was almost bigger than she was and that said "Let's kick this son-of-a-Bush out." Dozens of police cars blocked most of the protesters away from where some Bush supporters entered and exited the union training center, and about 25 officers initially guarded the area. As temperatures began to rise, so did tempers in the formerly peaceful crowd. Just before noon, as temperatures hit 102 and many protesters had been out in the heat for almost four hours, Bush supporters began trickling out of the union facility. By then, the protesters had dwindled to less than 100 people, but they began to heckle the Bush supporters coming out, and the heckling quickly turned to profanity. Most of the protesters asked the Bush supporters how they felt being lied to, or, as one man put it, "Bush-ited." Most of the Bush supporters just waved at the protesters, but a few of the Bush supporters decided to heckle them back, and a few shouting matches turned into minor shoving matches police had to break up. In one fight, a Pro-Bush man shouting "Four more years" had to be protected from Kerry supporters shouting "Three more months." By then, the number of officers guarding the area had doubled to nearly 50. No arrests were made, Metro Police Lt. Dave Braden said. One man, Jose Martinez, shouted "flip-flop" to the protesters. Another, Vietnam veteran Tino Mendoza, held a sign that said he had served a "full tour of duty in Vietnam," referencing Kerry's short term. Police had to escort some union members to their cars and protected a little girl and her mother after protesters began to shout "Shame on you" at the pair as they were the only Bush supporters left on the street. For the most part, the Bush supporters said they supported the rights of the Kerry people to protest. "They're exercising their right to free speech, and that is great," Claire DeJesus said. "That's what makes this country great." ***************************************************************** 32 Las Vegas SUN: NRC staff not pushing for Yucca, attorney says Today: August 13, 2004 at 9:28:17 PDT By Suzanne Struglinski SUN WASHINGTON BUREAU WASHINGTON -- The Nuclear Regulatory Commission staff is not advocating for the Energy Department's Yucca Mountain project, the agency's attorney assured Nevada officials Wednesday. Nevada had accused the commission's staff of being partial to the department based on comments made by an attorney during an administrative court hearing last month. Attorney Mitzi Young used the phrase "hard sell" when describing the agency's support for the Energy Department's position on Nevada's challenge to the document database. Nevada officials believe the department violated the rules when it created its own Web site and posted millions of documents to it, only to have the site be unusable for days following its release. Energy Department officials believe the database is acceptable under the law. The department needed to make the documents public six months before it planned to turn in its license application. "Merely because the staff's views may diverge from those of the state in a particular instance, it is irresponsible to suggest that they therefore reflect an inappropriate bias towards the Department of Energy," NRC General Counsel Karen Cyr said in a letter sent to Bob Loux, executive director of the state's Agency for Nuclear Projects Wednesday. "Please be assured that there have been no communications that would compromise the separation of functions requirements or suggest that the staff should depart from its traditional role in this matter," Cyr said. She said she had spoken with Young and other attorneys and found nothing wrong. The state emphasized that the agency is required to be an independent evaluator in the whole process. The administrative court has not yet issued a decision on whether the database satisfies the law. A ruling in the state's favor could delay the project. ***************************************************************** 33 Las Vegas SUN: Columnist Jeff German: Kerry has guts to stop nuke waste Columnist Jeff German: Kerry has guts to stop nuke waste Jeff German's column appears Tuesdays, Wednesdays, Fridays and Sundays in the Sun. Reach him at german@lasvegassun.comor (702) 259-4067. ••• If the presidential race for Nevada's five electoral votes comes down to Yucca Mountain, which it should, Sen. John Kerry already has won the race. The difference between Kerry and President Bush on this issue was as clear this week as the bright Southern Nevada sky after a summer rainstorm. While Kerry, the Democrat, spent Tuesday and Wednesday in Las Vegas hammering home his opposition to Yucca Mountain at public event after public event, Bush, the Republican, let it be known during a single campaign appearance Thursday that he was determined to ram nuclear waste down our throats. With Gov. Kenny Guinn and other top Republicans at his side, Bush offered no reassurance in a televised speech that he would stop sending the deadliest substance known to man our way. Instead he attempted to poke holes in Kerry's voting record on Yucca Mountain which, any way you look at it, is a zillion times better than the president's. Bush had one vote in 2002 and that was to recommend the project to Congress. Kerry, on the other hand, whether chatting with local officials at a small town hall meeting or preaching to an overflowing crowd of an estimated 15,000 supporters at the Thomas &Mack Center, stepped up his tough anti-Yucca Mountain talk. And he backed it up with specifics. He appeared much more knowledgeable about the dangers of the project than he did back in May when he first promised that Yucca Mountain would not happen on his watch. What impressed me the most was not Kerry's campaign rhetoric, but the depth of his opposition, which came into focus during a news conference Wednesday with a half-dozen local journalists. In a relaxed mood, after addressing a group of friendly seniors in Henderson, Kerry said he's no longer even sure storing radioactive waste at a centralized location is the right way to go. That's a significant statement when you consider that some $20 billion in taxpayer money already has been poured into the still-unfinished Yucca Mountain project. "The more I've looked at the issue and the more I've learned about it, the less comfortable I am with the concept of a repository," Kerry said. It's why the Massachusetts senator said earlier during his visit that, as president, he would put the nation's scientists to work to once and for all find the best and safest way to deal with nuclear waste. More than that, however, Kerry outlined how he would move to kill the dump. He said he would start by finding an energy secretary and an interior secretary who share his anti-Yucca Mountain vision for nuclear waste. That sounded like an invitation for the likes of former Nevada governors Bob Miller and Richard Bryan, two of the fiercest Yucca Mountain critics, to update their resumes. Then he said he would not only hold up the Yucca Mountain licensing process, but would also veto any anticipated congressional legislation aimed at lowering the safety standards for storing waste. The legislation is being contemplated by the pro-Yucca forces in Washington to circumvent a federal court decision that said the current standards by law are unsafe. One thing that could interfere with Kerry's pledge to derail Yucca Mountain is pressure from the wealthy nuclear industry, which is desperate to move nuclear waste from power plants in 33 states. The industry has spread plenty of money around Capitol Hill, winning many friends. But Kerry appeared undaunted. When I asked him whether he was concerned about taking heat from the influential industry, he looked me in the eye and said in a confident voice, "I'm not worried about the pressure." They are the words of a winner. ***************************************************************** 34 Las Vegas SUN: Bush explains Yucca stance to LV Today: August 13, 2004 at 11:14:23 PDT President says fate of dump now up to courts By Kirsten Searer LAS VEGAS SUN Reaching back to his campaign promise in 2000, President Bush said Thursday that he did rely on science when he signed off on the Yucca Mountain nuclear waste repository site. Speaking for the first time in Nevada about the Yucca Mountain decision, Bush said he did what he said he would when he made the decision in 2000 to move forward with the repository. Bashed in the state for the decision and accused of breaking the 2000 campaign promise, in which he said he would rely on "sound science," Bush said he listened to the scientists and to Nevada's leaders. He said he would now leave the issue to court appeals and the licensing process. "We need to keep facts, not politics, at the center of the debate," he said to applause Thursday at the United Brotherhood of Carpenters and Joiners of America International Training Center in Las Vegas. The president spent about two hours in Las Vegas on a campaign swing Thursday, touring the training center and making a speech before leaving just after noon. An estimated 1,300 Bush supporters and union members attended the speech, at which Bush spoke for about 45 minutes on several topics, including the economy and the war on terrorism. His comments Thursday about the Yucca project were the first Bush has made publicly since he approved it in 2002. He told the crowd that the issue has been brewing for a while, including in 1987, when Congress voted on the "Screw Nevada" bill that focused on Yucca Mountain as the sole site that could host the nation's nuclear waste. His opponent, Sen. John Kerry, voted in favor of that bill, though Kerry has since voted against Yucca Mountain and has pledged to stop it if he is elected president. "When I campaigned here, I said I would make a decision based upon science, not politics," Bush said. "I said I would listen to the scientists, those involved with determining whether or not this project could move forward in a safe manner. And that's exactly what I did." Bush said he has listened to Nevada representatives such as Republican Gov. Kenny Guinn, Attorney General Brian Sandoval and Sen. John Ensign, R-Nev., who have argued against the site. Guinn and Sandoval co-chair Bush's re-election campaign in Nevada. "And I said, 'Well, I appreciate your opinion, but I'll tell you what I will do: I will allow this process to be appealed to the courts and to the Nuclear Regulatory Commission,' " he said. "And I will stand by the decision of the courts and the Nuclear Regulatory Commission." Bush did not mention the federal court rulings issued this summer that found the Environmental Protection Agency did not follow the law setting radiation standards for the proposed repository. A law passed by Congress required the EPA to set a standard in consultation with the National Academy of Sciences. The court, which stayed its decision pending appeal, said the EPA failed to do that when it said the project must hold in radiation for 10,000 years. The National Academy of Sciences suggested a standard of more than 100,000 years. Congress could change the law so that it fits with the EPA requirements. Bush did not comment on whether he would support changes to the radiation standards, and Bush campaign spokeswoman Tracey Schmitt declined to comment further, saying Bush's comments on the project stand on their own. Kerry has promised to veto any attempts by Congress to loosen the radiation standards. It was one of several hard-line positions against Yucca Mountain that Kerry took during his two-day tour here. He also pledged to stop the licensing project for the site. On Thursday, Bush accused Kerry of using the issue as a "political poker chip" and pointed out that Kerry voted for the "Screw Nevada" bill. "He says he's strongly against Yucca here in Nevada, but he voted for it several times," Bush said to laughter. "And so did his running mate. "My point to you is that if they're going to change, one day they may change again. I think you need straight talk on this issue. I think you need somebody who is going to do what he says he's going to do." The crowd gave Bush a standing ovation in response. Bush also focused on another Nevada issue, water rights. He credited his administration with working out an agreement in the dispute over Colorado River water and creating the Water 2025 initiative to promote conservation and technology to create automated pumping and canal controls. "We look forward to working with the states and the local authorities to better safeguard this precious resource," he said. Bush toured the carpenters union's national training facility and, during his speech, he said the strong American work ethic has helped the country pull out of a recession pulled down even further by the Sept. 11, 2001, attacks and the corporate earnings scandals. "We've overcome these obstacles because we refuse to be intimidated," he said. "The spirit of America is strong and our economy is strong." In his tour of the training program, workers pointed out giant bolts to Bush and let him flip the switch on a machine that would be similar to one found in a power plant. "I believe we ought to increase our budgets for these training programs, and we'll continue to call upon Congress to do so because it's money well spent," Bush later said. "See, I think the role of government is to help people help themselves, and one way to do so is through good, valid education programs just like they do here at this site," he said. Bush defended the war in Iraq, partly by comparing Iraq to post-World War II Japan, which became a self-governing country during U.S. occupation and now is a key American ally. The war on terror is a different kind of war, however, that allows enemies to hide around the world, Bush said. Therefore, the U.S. has to go after them and people willing to harbor them. Saddam Hussein also defied U.N. inspectors, Bush said. "I thought we were going to find stockpiles," he said. "Everybody did. But he had the capability of making weapons. And if the world had turned away from watching Saddam, that capability could have been passed on to terrorist enemies. It's a risk we could not afford to take." He joked about Kerry's comments that he would vote for the war in Iraq if he had to do it again. "It looked like for a while he was trying to squirm out of that vote," Bush said. "The other day he said that knowing what we know today, he agreed that the use of force in Iraq was necessary. I welcome that clarification. Still got 82 days left in the campaign, though." The president got some of his biggest applause when he said his administration worked to eliminate the marriage penalty. "I mean, it's a backward tax code, isn't it, when you penalize marriage?" he said. "We ought to be encouraging marriage in our country." The crowd also applauded loudly when he said the nation needs a national energy policy that makes it less dependent on oil. "In order to keep jobs here at home, we need an energy policy in America to make us less dependent on foreign sources of energy," he said. Health care can be made more affordable by welcoming technology that will deliver efficient services, enact medical liability reform, and to create health savings accounts so that federal bureaucrats stay out of decision making, he said. Kerry's health care plan relies largely on reinstating taxes for people in upper income levels. Bush cautioned the audience about Kerry's plan. "You know how that goes," he said. "The so-called rich hire accountants and lawyers to maybe not pay as much. And therefore in order to meet all of these promises, guess who ends up getting stuck with the bill? The working people. "Be careful of this language. We've heard it before in American politics." Questions or problems? Click here. ***************************************************************** 35 Las Vegas SUN: Democrats say Bush didn't address Yucca problems Today: August 13, 2004 at 11:14:23 PDT By Kirsten Searer LAS VEGAS SUN Democrats have called on President Bush to talk about Yucca Mountain for months, and after hearing him Thursday they remained unsatisfied. "He has spoken loud and clear, and now the people of the state of Nevada need to speak equally clearly," said Rep. Shelley Berkley, D-Nev. "And they'll do that in November." Bush told about 1,300 supporters that he looked to science when he decided to proceed with the project and will heed the decisions of the court system and the Nuclear Regulatory Commission. "I said I would listen to the scientists, those involved with determining whether or not this project could move forward in a safe manner," Bush said. "And that's exactly what I did." But Berkley pointed out that a recent federal court decision pointed to a standard that suggests the project be designed to hold nuclear waste for 300,000 years. The standard for the project, however, is 10,000 years. "They missed the mark by 290,000 years," Berkley said. Despite the court ruling, Energy Secretary Spencer Abraham has said the Yucca project will continue until the matter is resolved. "If he was serious about standing with the people of the state of Nevada, he would have stopped this project instead of fighting the ruling," Berkley said. Las Vegas Mayor Oscar Goodman, a Democrat, mocked the president's assertion that he would follow the court challenges. "He doesn't have a choice, does he?" Goodman said. Regardless of what the president says, "he's shown his true colors" on the issue, Goodman said. Some Republicans said Thursday they were glad that the president commented on the issue while in Las Vegas. Before they rode with Bush from the airport to the event Thursday, both Reps. Jim Gibbons, R-Nev., and Jon Porter, R-Nev., said they were glad the president was addressing the issue. They said they planned to express concerns about Yucca Mountain to the president -- just as they said they do every time they see him. In his visit to Las Vegas, Bush made it clear that he is not allowing politics to influence his decisions, said Porter spokesman Adam Mayberry. "Congressman Porter was very pleased that President Bush took Yucca Mountain head on," Mayberry said. "But that doesn't stop the fact that Congressman Porter is dead set against bringing 70,000 tons of nuclear waste to Nevada, period." Soon after his speech, Democrats issued a press release saying that Bush claims to have relied on science but ignored the more than 200 scientific questions that remain to be answered about Yucca Mountain. Nor did he address a 2001 General Accounting Office study that urged the Bush administration to postpone the waste site just a few months before Bush approved the site. The study said that plans for Yucca Mountain "may not describe the facilities that (the Department of Education) would actually develop." Democratic party spokesman Jon Summers said Democratic presidential candidate John Kerry spoke with local print reporters for about 30 minutes on Wednesday and answered questions about Yucca Mountain. Bush, he said, "chose to slip out the back door and avoid any sincere discussions about the most important issue facing our state." Hundreds of people protested Bush outside of the event at the United Brotherhood of Carpenters and Joiners of America training center, including many members of other unions, who criticized the carpenters for hosting the president. In recent years, some building trade unions have said that Yucca Mountain would provide construction jobs. But Monte Byers, chief of staff for the Carpenters Union, said Yucca Mountain was not the impetus for hosting the president. "That's not our emphasis," he said. "We've been working with the administration in a number of areas, none of them are related to Yucca Mountain." A few years ago the union had issued an invitation to the president to tour the Las Vegas facility, and the White House recently informed them that Bush would take their offer, Byers said. Byers said the union has received a couple of calls in protest. ***************************************************************** 36 PVT: OFFICIAL WHO BUILT NYE'S YUCCA OVERSIGHT CALLS IT QUITS Pahrump Valley Times - Nye County's Largest Newspaper Circulation August 13, 2004 Bradshaw announces resignation By DOUG McMURDO PVT DOUG McMURDO / PVT Les Bradshaw retires Sept. 7 following an eventful and successful career in Nye County government. Nye County Department of Natural Resources and Federal Facilities Director Les Bradshaw leaves the employ of Nye County Sept. 7 - and when he does 13 years of institutional memory leaves with him. He's confident someone will step in and fill his shoes upon his retirement, but who that might be is anybody's guess at this point. Bradshaw began his career in Nye County in 1991 as a deputy district attorney under then District Attorney Art Wehrmeister. He was promoted to chief deputy district attorney and by April of 1993, he accepted a position as the manager of the county's Yucca Mountain Repository program, taking over for Steve Bradhurst, who had served as a repository consultant. During fiscal years 1996 and 1997 Congress declined to fund Yucca Mountain Project oversight funding because the federal government was "upset with the state," Bradshaw said, alluding to most of Nevada's strong opposition to Yucca Mountain. Without funds to continue repository oversight, Bradshaw escaped limbo in March 1996 when he took on the role of county manager in the wake of the termination of Bill Offutt, who had been fired amid disturbing allegations of widespread sexual harassment. "I was a caretaker for the county during the time oversight money wasn't available," said Bradshaw. In 1998 the federal government reinstated the funding and the county's repository office was back in action. "We geared up and moved the office to Pahrump," explained Bradshaw, adding with a knowing smile: "I actually resigned as county manager instead of getting fired." But even while Congress slammed shut the cookie jar, Nye County wasn't completely out of the Yucca Mountain loop. During the two-year shutdown Nye County officials were successful in asking the Energy Department for funding to establish an independent scientific investigations program under the late Nick Stellavato. The funding was used to drill wells in the path of Yucca Mountain groundwater on its way to Amargosa Valley 20 miles south. "We put instruments down to monitor groundwater conditions," he explained. The focus of the group's work has been on the obtainment of better figures regarding the Energy Department's groundwater model, and to look at various characteristics at the site 50 miles northwest of Pahrump where the government intends to store thousands of metric tons of the nation's high-level nuclear waste created at commercial and government sites in 39 states. The idea has always been to improve the quality and quantity of information available. "The objective of all that was to have the best possible model to predict how the water flows under Yucca Mountain to Amargosa Valley - and give us a better idea of where and how fast that water goes," said Bradshaw. The casks that will contain the waste will eventually deteriorate, he further explained, but exactly when that would happen is open to speculation, hence the emphasis on groundwater flow pattern. "Where will the water go," he asked rhetorically. "And who has a well in the path of radionuclides?" From Bradshaw's perspective, nobody alive today - or even in the next century or two - need worry about the potential threat. "It will be hundreds if not thousands of years in the future. There's no immediate threat to the next several generations, or even any rational scenarios." If Bradshaw sounds like he's confident, it's because he is. "Our aim is public assurance," he said. "The well monitoring program is designed to give people the surety there is no danger, and the monitoring program will give us proof positive if the repository is working or not." Even if a canister or a series of canisters breach and spill their deadly contents into the groundwater, Bradshaw said the monitoring wells would detect the problem and contaminated water could be treated. "People don't want their water treated, they want credible assurances that they are safe." The Waste Isolation Pilot Plant in Carlsbad, N.M., performs similar work. Air is monitored and wells down grade from the caverns where waste is stored are monitored with vigilance. Human whole body counts are also taken. "The same thing is being envisioned for Nye County so, by golly, if there is leakage the DOE can take immediate action," Bradshaw said. If Bradshaw's plan is followed after he leaves, Nye County will always have a seat at the table when it comes to Yucca Mountain. That means county employees would have access to scientists. "That's the only way the public will be able to accept the repository," he explained. "They have to know it's safe through their own evaluation of the evidence." That evidence is more than 20 years in the gathering - and the federal government has been generous in giving Nye County the means to evaluate its own science. Since the mid-1980s Nye County has received roughly $18.5 million in oversight funding. An additional $18 million has been forked over in the last decade to fund the independent scientific investigations performed by a host of private consultants - scientists - retained by commissioners. The bulk of the scientific funding has gone into drilling said Bradshaw. "(Drilling) is a good way to spend a lot of money in a short period of time," he said. The government, by Bradshaw's estimation, has spent more than $7 billion on the project; he said Nye County used its cut to develop a credible and nationally respected program. In fact, Bradshaw considers the program his most significant achievement while in Nye County. He said viable socio-economic programs have come on line as a result, and most of the data compiled by Nye scientists is considered admissible as evidence when the Energy Department files its license application to build and maintain the repository. The application must be submitted in December. Another high mark in Bradshaw's career involved the Payments Equal to Taxes program. PETT funding is paid by the federal government for the land value of Yucca Mountain. The first payment was made in 1994, the second in 1998, the third in 2001. The next payment is due in 2005. Collectively, PETT has brought in more than $88 million, or the equivalent of 40 percent of the county's general fund revenue in years the payments were made. "We've been able to do many good things," said Bradshaw. "In my view the board (of county commissioners) has been very responsible with PETT; virtually all of the money has gone into community betterment." Bradshaw also said the county hasn't been careless when it uses PETT funding to shore up the county's general fund. He said $3 million of the county's $50 million annual general fund this year is PETT money, a relatively insignificant figure that wouldn't bankrupt the county should the federal dollars disappear. By comparison Toelle County, Utah uses special payments from the Army as its general operating funds and if those payments go away that county is "upside down," which is not the case in Nye. The county government buildings in Pahrump and Tonopah were built with PETT funds at no cost to local taxpayers, school buses have been purchased, $4 million was dedicated toward the construction of Rosemary Clarke Middle School, chunks of money have been dedicated to parks and recreation, and Nye Regional Medical Center in Tonopah was kept open through PETT funding and Pahrump Medical Center also benefited from the payments. Ambulances, police sedans, heavy equipment for the road department and road paving and chip sealing were also paid through PETT. "The commissioners haven't spent money on things that don't have lasting value." Another huge capital improvement project to benefit from PETT is the Community College of Southern Nevada Pahrump Learning Center, and a proposed two-plus-two CCSN campus in Pahrump will be built in part through PETT funding if the board of Regents ultimately approves the project. "I've been very happy to serve Nye County for 13 years," said Bradshaw. "It's been an interesting journey. I started as a law clerk for Judge Bill Beko, went to the D.A.'s office, worked as county manager and then the repository. I've been involved in virtually all major functions of county government." He said there "are plenty of good people and firms" to take over where he left off, and he sees the work he helped start continuing into the future. But on Sept. 7, the day Bradshaw celebrates his 60th birthday, he will attend his last county commission meeting his last day on the job. "I don't plan on being too serious that day," he said with a grin. Soon thereafter he and his wife Pauline will spend time on church work, humanitarian service, family togetherness and working on their personal relationship. They will live "in a nice country place we have" in Wellington in Lyon County, not far from Yerington. "Pauline is a nurse practitioner and she wants to build that up. I might practice a little law ... but not too much." For comment or questions, please e-mail Copyright © Pahrump Valley Times, 1997 - 2003 ***************************************************************** 37 Pahrump Valley Times: DOE accused of cutting corners for repository August 13, 2004 By STEVE TETREAULT PVT WASHINGTON BUREAU WASHINGTON - Nevada officials lodged a new complaint Monday that the Department of Energy is cutting corners to license a nuclear waste repository at Yucca Mountain. DOE is "walking away" from a pledge to resolve 293 outstanding technical issues before it files a repository license application later this year, the state's nuclear director charged in a letter to the Nuclear Regulatory Commission. Bob Loux, head of the Nevada Agency for Nuclear Projects, focused on comments made earlier this summer by Joseph Ziegler, the licensing director for the Yucca Mountain Project. Ziegler told NRC officials in a July 23 letter that further questions they may have about unresolved technical issues will be answered in the department's license bid, or after the license paperwork is handed in. But Loux said that approach violates NRC rules that require the agency be given "sufficient information" before DOE hands over a licensing package. Under those circumstances, Loux urged NRC chairman Nils Diaz to reject the DOE's application when it is submitted. The NRC had no immediate comment. The Energy Department wants to file an application with the NRC by the end of the year, although there are questions whether it will be permitted to do so in the wake of a July 9 federal court ruling invalidating the project's 10,000 year radiation health standard. Staffs for the DOE and NRC had developed a list of 293 issues they agreed should be addressed before licensing, including questions about corrosion of waste-bearing canisters, earthquake and volcanic activity near the site, and the chemical environment within repository tunnels where waste will be stored. According to Ziegler, 105 of the technical issue agreements were resolved, while another 159 were in stages of review. The Energy Department planned to supply at least some information about the remainder by the end of August, although NRC reviewers generally ask follow-up questions. DOE spokesman Allen Benson said Monday that project staffers need now to focus on completing the license application, a 5,000-page package outlining the case to store nuclear waste at the Yucca site. "At some point we have to stop answering questions and write the application," Benson said. "Any information the NRC wants will be provided. We have to complete preparing the license application and information may be addressed after the submittal." But Loux said that resolving the key technical issues" "is at the heart of the case that DOE must put forward for the safety of the Yucca Mountain For comment or questions, please e-mail webmaster@pahrumpvalleytimes.com Copyright © Pahrump Valley Times, 1997 - 2003 ***************************************************************** 38 Pahrump Valley Times: Kerry says Bush broke his word about Yucca August 13, 2004 By NEDRA PICKLER The Associated Press LAS VEGAS -- Democratic presidential challenger John Kerry, making a play for a state that supported President Bush four years ago, accused the president of breaking his word with a plan to bury nuclear waste in Nevada. Kerry said the president broke the promise he made in the 2000 race to ensure science and not politics determined his decision whether to ship waste to Yucca Mountain. Bush approved Yucca Mountain as the nation's nuclear dumpsite after winning the presidency, even though many scientific studies remained unfinished. "It's about promises kept and promises broken," Kerry said during an appearance at a school along the route that the waste would be shipped. He made his own campaign promise: "When John Kerry is president, there is going to be no nuclear waste at Yucca Mountain. Period," he said. Kerry remained focused on Yucca Mountain while campaigning in Nevada, even as other events dominated the presidential campaign. But at a rally attended by thousands Tuesday night, he defended himself from Bush's charge that he has changed his position on the Iraq war. "I voted to stand up to Saddam Hussein, but I thought we ought to do it right," Kerry said. "I thought we ought to reach out to other countries, we ought to build an international coalition." He did not speak about Bush's selection of Florida Rep. Porter Goss to head the CIA, instead responding by written statement from his campaign headquarters in Washington. Kerry's statement called for quick Senate hearings on Goss' nomination but kept the heat on Bush to name a national intelligence director and follow other recommendations of the Sept. 11 commission. For years, Nevada has been fighting plans to move the nation's used reactor fuel to Yucca Mountain. Bush campaign spokesman Steve Schmidt accused Kerry of flip-flopping on Yucca Mountain because Kerry has voted for some measures that included provisions that would have allowed nuclear dumps there. But every time he has faced the simple choice of voting whether or not to send waste to Yucca, Kerry has voted against it. Kerry said he is concerned about the safety and security of storing the waste 90 miles outside of Las Vegas at a mountain that sits atop the region's major water supply. Kerry also noted seismic activity has been measured at the mountain and could pose a safety threat. A federal appeals court last month rejected the Environmental Protection Agency's radiation standard for the repository, which could doom the project. Kerry promised at the rally, "If they try to change the standards on radiation at the EPA and they send it to my desk, veto pen. Gone. Out." Kerry said he would leave waste at nuclear sites around the country while he instructs the National Academy of Science to study how the world should deal with nuclear waste and storage. Kerry and Sen. Harry Reid, D-Nev., said Nevada voters should choose Kerry for another reason - he saved the life of one of their senators. Kerry and Reid recalled how, on was July 12, 1988, Nevada Republican Sen. Chic Hecht was attending a weekly GOP luncheon in the Capitol when a piece of apple lodged in his throat. Kerry, running late for the corresponding Democratic luncheon, was just getting off an elevator when he saw Hecht buckled over in the corridor. He rushed over and performed the Heimlich maneuver. "I suspect that I was late for that meeting and I walked out of that elevator because there was a higher power that said that was the moment that I was blessed to be there for Chic Hecht," Kerry said. For comment or questions, please e-mail webmaster@pahrumpvalleytimes.com Copyright © Pahrump Valley Times, 1997 - 2003 ***************************************************************** 39 Scotsman.com News: Sellafield Cuts Radioactive Discharge Levels Fri 13 Aug 2004 By Amanda Brown, Environment Correspondent, PA News. A major UK nuclear site is achieving “significant reductions,†in radioactive discharges, it was reported today. Tough new rules on waste levels at the British Nuclear Fuels Sellafield site in Cumbria, had made the cutbacks possible according to pollution watchdog, the Environment Agency. It said levels of radiation exposure resulting from radioactive discharges from the site, are within statutory limits. But they had fallen substantially since the 1970s. Now measures in the new authorisation, will lead to further reductions at the authorised limits of 35% for liquid discharges and almost 60% for gaseous discharges. Environment Agency Chief Executive Labour peer Baroness Young said: “Sellafield is the most significant nuclear site in the UK and I am delighted that the Agency has been able to complete its review of the site authorisation. “This has been a massive and complex task, and involved us and our fellow regulatory bodies and Government departments in major technical assessments and engagements with stakeholders over the past four years. “Issuing the new authorisation now means that we will achieve real and lasting improvements in environmental regulation of the site. “The new authorisation will bring substantial benefits to the public and enhance environmental protection. “With the additional changes, and updating of our 2002 proposals, the Agency has achieved even greater reductions in site discharge limits, meaning the overall impact of permitted discharges will be considerably reduced. “The new and significantly strengthened controls in the authorisation will allow a more transparent and flexible approach to the regulation of the site. “This will be very important in the future when the Nuclear Decommissioning Authority takes over the site ownership and accelerates the site clean-up programme.†***************************************************************** 40 Morgan Hill Times: City water supplies still stressed to the limit Saturday, August 14, 2004 www.morganhilltimes.com[ Email The Editor Friday, August 13, 2004 Morgan Hill water users are conserving as public works officials had hoped, but an overly warm weekend forecast could cause a shortage to return. Fortunately the local fire scene has been quiet. Carl Bjarke, deputy director of public works, said Thursday that the reservoirs are holding their own in the face of slightly lower water use. “The public outreach has been helping,” Bjarke said. Both The Times and Channel 17, the city’s public service cable channel have asked for conservation. Ever since an “Urgent” level was proclaimed during the July 24-25 weekend, officials have asked the public to take care with water use. Residents have limited their water use enough to keep the urgency level from moving to stage two - Critical - or stage three - Emergency - and water reserves have returned close to normal. “We did cut parks’ irrigation by 50 percent last Friday,” Bjarke said. Browned grass is being replaced by bark. Weather will continue unhelpful with temperatures expecting to reach the low to mid-90s today and Saturday, but a cooling trend should appear Sunday through Wednesday, 87 down to 82. The earlier predicament came about because the city cannot use three wells to pump enough water to meet the increased demand. The wells were closed in 2003 when detectable levels of the chemical perchlorate were found. Olin Corp., the company responsible for perchlorate in the South Valley aquifer, has paid the city for one replacement well but is resisting helping out in other ways. The city has retained legal counsel and is working through the state Regional Water Quality Control board to force Olin to ease the ongoing situation. Residents are still asked to conserve and “water heroes” could be asked to cut their irrigation by 50 percent during the crisis. A water hero is a business that uses great amounts of water but is willing to cut back when needed. Ashcraft said four Morgan Hill School District sites, Alien Technology and Towa/Intercon Technologies in Morgan Hill Business Park and Cochrane Plaza have all signed up as water heroes. Public Works Director Jim Ashcraft said four Morgan Hill School District sites, Alien Technology and Towa/Intercon Technologies in Morgan Hill Business Park and Cochrane Plaza have all signed up as water heroes. The city provides Morgan Hill residents with low-flow shower heads and aerators for kitchen and bath faucets free for the asking. They also have a packet for waterwise gardening and water conservation kits. Stop by City Hall, 17555 Peak Ave. Monday through Friday, 8 a.m.-5 p.m. or call Andi at 779-7247 and she will mail the packet and kit. Fire Prevention Specialist Chris Morgan, based at the California Department of Forestry, South Santa Clara County Fire Protection District in Morgan Hill, said Thursday that the local fire scene has been “reasonably quiet” the last few days. He had good news about the 1,246-acre Kincaid fire on San Jose’s Mt. Hamilton. “We expect to announce by 8 p.m. Thursday that the Kincaid fire is controlled,” Morgan said. The 250 crew members working the fire will be demobilized to rest, return to their home stations or move north to help out with the Bear Fire on the east end of Lake Shasta. The electricity supply has also eased a bit from warnings earlier in the week. Jeff Smith, spokesman for PG, said the statewide power authority has issued warnings, but locally, things are not too bad. “We are continuing to encourage the public to conserve,” Smith said, “and, if it does, we should not have any required loss of power during the current heatwave.” Carol Holzgrafe is a reporter at the Morgan Hill Times. She covers all local news, including City Hall. ***************************************************************** 41 KVBC: President Bush Addresses Yucca Mountain Issue While In Las Vegas President Bush Addresses Yucca Mountain Issue While In LV August 12th, 2004 President Bush surprised a lot of people with the speech he gave here in Las Vegas this morning. Bush was at a local union training center when he addressed a hand picked crowd of supporters. We knew he'd talk about the economy, and he did. We knew he'd talk about the war in Iraq, and he did. What we didn't know was whether he would talk about his decision to approve Yucca Mountain, a sore subject with a lot of people here. Some expected him to steer clear of it, but he didn't. "The other issue, of course, I want to talk about is Yucca Mountain. It's a vital question. We need to keep the facts, not politics, at the center of the debate." President Bush addresses Yucca Mountain head on, taking a swipe at Senator Kerry. "My opponents try to turn Yucca into a political poker chip. He says he's strongly against Yucca, but he voted for it several times, and so did his running mate." The President says he's the only candidate that's offering straight talk to the American people. "When I campaigned here in this state, I said I would make a decision based upon science, not politics. I said I would listen to the scientists, those involved with determining if this project could move forward in a safe manner, and that's exactly what I did. I listened to the people who know the facts and science and I made a decision." The President said he took decisive action on an issue that had been debated for years before him. His decision on Yucca Mountain earned him criticism from Nevada politicians within his own party. The president said that he heard those voices loud and clear and leaves the decision now with the courts, and the outcome, Bush says, he would support. "I will stand by the decision of the courts and the Nuclear Regulatory Commission." The President says he picked the Carpenters Union Training Center for his speech because it's a great example of what America needs, more chances for workers to learn new skills for the jobs of the future. All content © Copyright 2000 - 2004 WorldNow and KVBC. All Rights Reserved. ***************************************************************** 42 Pahrump Valley Times: The road to waste August 13, 2004 PAHRUMP, TONOPAH SEE BULK OF TRANSPORTS PVT It was reported last week that in the second quarter of 2004, Nye County's two population centers hosted the bulk of the load of low-level nuclear waste transported to the Nevada Test Site. Of 723 loads shipped from California, Idaho, New Mexico, Texas, Colorado, Ohio, Kentucky, South Carolina and Tennessee 716 traveled through either Tonopah or Pahrump with only 7 shipments being transported through the Las Vegas Valley or other routes. Of the 723 loads shipped, 408 traveled through Tonopah in those months along Highway 95 or Highway 6. Coming through Pahrump during those months on Highway 160 were 308 loads. The eight trips through Las Vegas Valley required over dimensional permits issued by Nevada Department of Transportation and approved by Nevada Highway Patrol prior to use. Of the 408 loads that came through Tonopah approximately 371 traveled through Smoky Valley on Highway 50. The waste is transported to the Nevada Test Site near Yucca Mountain, near Amargosa Valley and is buried in large open pits designed by the federal government for storing the waste. The 723 shipments totaled 1,146,775 cubic feet of low-level waste coming from energy generators and labs in nine states. For comment or questions, please e-mail webmaster@pahrumpvalleytimes.com Copyright © Pahrump Valley Times, 1997 - 2003 ***************************************************************** 43 Epoch Times: History Remembered ... August 1945: Dropping the Bomb Maureen Zebian Aug 13, 2004 A visitor at the Hiroshima Peace Monument passes by a picture of the mushroom cloud created by the atomic bomb. (Junko Kimura/Getty Images) It was Aug. 6, 1945, when President Harry S. Truman ordered the Enola Gay to drop the first atomic bomb at the military base in the city of Hiroshima. The action was justified by saying that it would end the war quickly and save the lives of half a million American servicemen who would not have to invade Japan’s main islands. A second bomb was dropped three days later in Nagasaki, and seven days later the Japanese government surrendered, ending World War II. Most generals at the time were in agreement with Truman’s, decision except for few notables, such as Dwight D. Eisenhower, who said in 1963, “I told him I was against it on two counts. First, the Japanese were ready to surrender and second, it wasn’t necessary to hit them with that awful thing.” However, after witnessing the kamikaze guerrilla warfare from Guadalcanal to Okinawa, costing thousands of lives, the half million causalities may not have been an unreasonable estimation. But did the military have options besides the bomb and the invasion? Or was the United States flexing military muscle to send a message to the aggressive, land grabbing Soviets: “We have the bomb and aren’t afraid to use it.” Whether using the bombing was a reasonable solution is still a hotly debated issue. Military studies in the 1980s suggest that the Japanese decision to surrender came not because of the bombing, but because of the Soviet Union’s entry into the war. Army Chief of Staff George C. Marshall had advised the President that the Soviet Union declaration of war could force the Japanese into surrendering. By dropping of the bomb, the United States became the ultimate aggressors, killing in one fell swoop 70,000 mostly civilian Japanese, including many women and children, with tens of thousands dying more slowly from the radiation poison. It is still not clear why a second bomb was dropped on Nagasaki that immediately killed 40,000 more, but some suggest it was to study the effects of the plutonium-made atomic bomb. While Truman’s military objective clearly stated that “soldiers and sailors were the target,” the highly experimental bomb killed indiscriminately. “The world has achieved brilliance without conscience. Ours is a world of nuclear giants and ethical infants,” said Gen. Omar Bradley. The bomb’s safety net lasted only a short time after the supposedly well-guarded secrets were passed on by British scientist spy Klaus Fuchs to Soviet rivals. The Soviets detonated their own atomic bombs four years later. What transpired was the emergence of the Cold War, and the madness of Mutually Assured Destruction, which led fearful Americans to build bomb shelters in their back yards. As the great arms race was officially under way, no longer would Americans be kept safe by an ocean, but a stockpile of nuclear weapons. Webmaster Copyright 2004 - The Epoch Times ***************************************************************** 44 SF New Mexican: School's bid for LANL put on hold Fri Aug 13, 2004 10:25 pm The Associated Press AUSTIN, Texas -- The University of Texas System appears to be cooling off on a potential bid to take over operations at Los Alamos National Laboratory in New Mexico. James Huffines, chairman of the UT Board of Regents, and Chancellor Mark Yudof said it's unlikely the UT System would either go alone with a bid or even be the lead partner in a joint bid with another institution or industrial partner. "We'd want to be part of a collaboration if we did it at all, but not the lead when you look at the types of concerns that are out there," Yudof said. They said the evolving model for operating the national lab seems to be a team of corporate and academic partners. Lockheed Martin Corp., a potential project partner with UT, recently announced it would not compete for the contract. The University of California has operated Los Alamos lab since the lab was established as part of the World War II Manhattan Project to build the first atomic bomb. Federal officials decided to put the contract up for bid for the first time after recent scandals about security problems at the Northern New Mexico site. The contract could be awarded in June 2005. University of Texas System officials have informed the U.S. Department of Energy they are interested in the project and might bid to manage it. Texas officials have not made a final decision. The subject is not on the agenda of this week's regents meeting in Houston. Texas officials must decide if the project is worth it. The system could be credited with contributing to national security if it could make the lab more secure and efficient. Failure and potential problems would likely open the university to criticism from Congress. "One of the things that's changed is that the furor in Congress and at the Department of Energy seems at a higher level," Yudof said. "The other thing is that the University of California has been instituting a number of changes, but the culture seems highly resistant to it." He said system officials are willing to explore a collaboration with the Texas A&M University System. Both systems have filed a formal "expression of interest" in operating the lab. Yudof said he has contacted Texas A&M system leaders, but no formal, high-level discussions have taken place. Several members of the Texas congressional delegation have urged UT system officials to pursue the Los Alamos contract. Anti-nuclear and peace activists have urged UT to stay away from the nuclear-weapons lab. Copyright 2004 Santa Fe New Mexican ***************************************************************** 45 RGJ: NRC denies favoring Energy Department RGJ.com Ken RitterASSOCIATED PRESS 8/12/2004 11:49 pm ON THE WEB Nevada’s Agency for Nuclear Projects: www.state.nv.us/nucwaste Nuclear Regulatory Commission: www.nrc.gov Yucca Mountain project: www.ocrwm.doe.gov LAS VEGAS — The Nuclear Regulatory Commission is denying it favors the Energy Department in a dispute about whether the department met a requirement to submit documents about a national nuclear waste repository in Nevada. Responding to a state complaint, a commission lawyer said in a letter made public Thursday that NRC officials sometimes advocate positions “consistent with one party or another.” But Karen Cyr, Nuclear Regulatory Commission general counsel, called it “irresponsible” to suggest bias “merely because (NRC) staff’s views may diverge from those of the state.” Commission officials offered no additional comment about the letter, dated Wednesday and sent to Bob Loux, the state’s top anti-Yucca Mountain project administrator. Loux called the response expected. He said it could prompt a legal challenge if the Nuclear Regulatory Commission decides the Energy Department met a June 30 deadline for sharing millions of pages of documents underpinning its application to build and operate the repository. “We have said, and we continue to say, they are biased,” Loux said. “We’ve put them on notice.” The state complained Aug. 3 about a commission lawyer’s comment at a July 27 hearing that NRC staff was making a “hard sell” on behalf of the Energy Department. Loux insisted the Nuclear Regulatory Commission should have a neutral role judging the Energy Department’s plan to entomb the nation’s most radioactive waste at Yucca Mountain, 90 miles northwest of Las Vegas. The Energy Department plans to seek a repository operating license from the NRC by the end of the year. Licensing is expected to take several years, and the government wants to begin storing spent nuclear fuel from 39 states in 2010. Copyright Reno Gazette-Journal, a Gannett Co. Inc.Newspaper. Use ***************************************************************** 46 MoJo: The Museum of Attempted Suicide [MotherJones.com] [Mother Jones] [News] The Museum of Attempted Suicide In these edgy times, when the possibility of nuclear war seems a thing of the past, a visit to the Nevada Test Site should be a requirement for holding public office in America. By Jon Else August 12, 2004 An enormous Mosler bank vault sits abandoned and forgotten on the dry lake bed of Frenchman Flat. It is ugly, and rusting, a big cookie jar from Hell -- yet it is in some sense America's zgreatest monument to hope and clear thinking. That giant safe at the Nevada Test Site is a relic of an Atomic Energy Commission experiment in 1957 ("Response of Protective Vaults to Blast Loading"). Filled with stocks and bonds, gold and silver, cash and insurance policies, it confirmed that our official valuables, contracts and financial instruments, could survive nuclear war. The test must have seemed like a good idea at the time, a masterpiece of steel-and-concrete realpolitik. After all, safes had tested well -- quite by accident -- at Hiroshima in 1945, when four Mosler vaults in the basement of the Teikoku Bank near Ground Zero were discovered in the ruins with their contents miraculously intact. In fact, American troops entering Hiroshima some weeks after the bombing, reported hundreds of small safes resting in the city's ashes. Today at the Nevada Site all that remains of the vault's reinforced concrete "bank building," itself specially constructed for the test, are a few shards of blasted concrete and a tangle of rusting, arm-thick steel reinforcing rod, swept back like so many cat's whiskers in the wind. Just before dawn on June 24 1957, a 37-kiloton fission bomb, code-named "Priscilla," was suspended from a helium balloon about half a mile from where the big safe stands. In the path of Priscilla's shock wave the Atomic Energy Commission had built its own tiny twentieth century city. Priscilla rocked that mini-civilization in southern Nevada with twice the explosive force of the bomb that leveled Hiroshima. Its flash -- far brighter than the sun -- was reflected back off the moon, and soldiers covering their eyes in trenches two miles away claim they were able to see the bones in their hands. Domed shelters of 2-inch thick aluminum alloy were flattened like so many soda pop cans stamped flat on a job site. The shock wave hammered reinforced concrete shelters, industrial buildings, cars in an underground parking garage, community shelters, a railroad trestle, a 55-ton diesel locomotive, parked airplanes, dummies in Russian and Chinese protective clothing, and a man-made pine forest rooted in concrete on the desert floor. Anesthetized Cheshire pigs in little protective suits were roasted alive in Priscilla's thermal pulse. We'll never know for sure but Priscilla's heat, like that of the Hiroshima bomb, must have instantly incinerated unsuspecting ravens in mid-flight. Later that morning, the fallout cloud drifted eastward, where in the months to come it mingled with residual radioactive products from other atmospheric tests and eventually dispersed around the globe. Today, anyone in the world born after 1957 carries in his or her bones at least a few atoms of Strontium-90 fallout from Priscilla. z In 1957, at about the moment that human self-extinction first became possible, many policy-makers already believed all-out nuclear war with the Soviets to be an inevitability. In fact, some of those planning the Priscilla shot, and assumedly curious to discover whether our stock and insurance certificates could survive it, must have known that full-scale nuclear war could theoretically end all life on earth. That year, hardly a decade after the atomic bomb had been but an exotic laboratory device, it was already a commodity; Priscilla was just one of 6,744 nuclear weapons in the U.S. stockpile. (The Soviets had 660.) Here at Frenchman Flat we rehearsed our failed attempt at global suicide. It would have been a grand, charismatic gesture, spectacular pornography -- the human species going out with a great bang, nothing dreary and plodding like AIDS or global climate change. It would have been visible throughout the solar system; and as Priscilla did indeed show, our valuables, safely locked away, would indeed have survived us. The Nevada Test Site, a particularly desolate thousand square miles of the Great Basin, was chosen in 1951 for our nuclear tests partly because it's ringed by low mountains, naturally shielded from the prying eyes of the outside world. Today, if you stand amid the charmless wreckage at Frenchman Flat, another thing is clear: It is also impossible to see out of the basin; the place is disconnected from the rest of Nevada, from America, from civilization itself. It is a lifeless, humorless, Planet of the Apes location. These could have been the ruins of a future we stopped in its tracks -- the ruins of Las Vegas, Vienna, or Tokyo, your town or my town, bombed back to the Stone Age. Today, as we sweat over whether North Korea has four bombs or six, or whether Iran has any at all, remember that in 1957, only 12 years after the Trinity test, the United States was manufacturing ten nuclear bombs per day, 3000 fission and fusion bombs every year. The largest in our '57 arsenal was the 5-megaton Mark 21, powerful enough to flatten 400 Hiroshimas (or Fallujas or Oaklands) at a pop. z Filling that vault with stocks and bonds in 1957 now seems a surreal gesture of hope, a vain defense against a future that never happened: Imagine the survivors -- a hairless, sterilized post-nuclear Adam and Eve, dry heaving (like the radioactive feral dogs that roamed the deserted streets of Chernobyl) -- crawling toward the bank vault in their bloody rags, trying to remember the combination, praying for their Chrysler stock, or grandpa's gold watch, or their Prudential personal liability policies. Or imagine another future, one in which no humans remain to open the vault. This is the Twelve Monkeys future in which the global suicide only rehearsed at the Nevada Test Site in 1957 actually succeeds and no one mops up the radioactive slop or collects the insurance -- with only ants and cockroaches left to puzzle over a warm, blasted vault on the radioactive sands of what was once Nevada. But cooler heads prevailed. Someone drifting off on a 47-year nap in 1957, when nuclear war seemed inevitable, might wake today startled to find that those crimes against the future have so far been held at bay. Our nuclear arsenal peaked at 30,000 weapons in 1966, and has stood at about 10,000 for the past five years. We have -- so far -- spared ourselves that future, mainly because of the hard work and clear thinking of two generations of leaders who understood what the wreckage at Frenchman Flat meant. Give them credit. Give credit to Dwight D. Eisenhower and Henry Cabot Lodge for introducing a plan for nuclear disarmament in 1957, only weeks after the Priscilla shot; and give credit to JFK for the Atmospheric Test Ban Treaty; to Richard Nixon for the SALT and ABM treaties; to Ronald Reagan and George H. W. Bush and Mikhail Gorbachev for negotiating START I and START II. Give credit to Carter and Ford for signing strategic arms limitation agreements with Brezhnev. Give credit to thousands of dissident scientists, activists and ordinary citizens whose relentless pressure helped tip the balance away from madness. Above all, give credit to hundreds of clear thinking selfless men and women in the U.S. and Russia who recognized a slippery slope to Hell when they saw one, and were willing to do the hard work of negotiation and compromise. The insects and sagebrush have returned to the silent desert at the Nevada Test Site, and ravens once again circle above the vault. But the nuclear dog sleeps with one eye open. Weapons far larger than Priscilla are on alert today, no more anachronistic than rifles or anthrax. Twenty miles north of Frenchman Flat, the tower for "Ice Cap," a shot put on hold in '92 when George Herbert Walker Bush suspended American nuclear testing, still stands patiently ready to receive its bomb. As mandated in George W. Bush's current "Nuclear Posture Review," the Nevada Test Site is today in the process of ramping up its "ready status" from 2 years to 18 months. Meanwhile, the United States and 70 other nations maintain thousands of deeply buried, hardened underground bunkers for their top military and civilian officials, a defense against future nuclear war. This is the Frenchman Flat vault scenario writ large. And just in case -- after withdrawing support for the ABM treaty -- the Bush administration is aggressively pursuing the development of "usable bunker busters," the first new generation of nuclear weapons since the Cold War. On the grounds of the Nevada Test Site, five miles west of the bank vault, stands the just finished $100,000,000 Device Assembly Facility, poised for either the disassembly of weapons from our stockpile, or for the assembly of new weapons. In these edgy times, when the possibility of nuclear war seems a thing of the past, a visit to Frenchman Flat should be a requirement for holding public office in America. To stand amid the rusty junk, amid the ruins of a ghastly future that was turned back -- deliberately and methodically turned back by statesmen -- is to reach a deep understanding of what is possible. This is the bone yard of a very bad idea, recognized for what it was. Copyright C2004 Jon Else This piece first appeared at Tomdispatch.com. Jon Else is a documentary cinematographer and director whose films include Cadillac Desert, Sing Faster, and The Day After Trinity. He teaches in the Graduate School of Journalism at the University of California, Berkeley. Earlier this year, for a new film about nuclear weapons, he spent several days working at the Nevada Test Site and so visited, not for the first time, the vault at Frenchman Flat. © 2004 The Foundation for National Progress ***************************************************************** 47 DOE: Amended Record of Decision for the Department of Energy's Final FR Doc 04-18534 [Federal Register: August 13, 2004 (Volume 69, Number 156)] [Notices] [Page 50180-50181] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr13au04-60] Programmatic Environmental Impact Statement for Accomplishing Expanded Civilian Nuclear Energy Research and Development and Isotope Production Missions in the United States, Including the Role of the Fast Flux Test Facility, DOE/EIS-0310 AGENCY: Department of Energy. ACTION: Amended record of decision. SUMMARY: The Department of Energy (DOE), pursuant to 10 CFR 1021.315, its implementing regulations under the National Environmental Policy Act (NEPA), is amending its Record of Decision (ROD) (66 FR 7877, January 26, 2001) for its Final Programmatic Environmental Impact Statement for Accomplishing Expanded Civilian Nuclear Energy Research and Development and Isotope Production Missions in the United States, Including the Role of the Fast Flux Test Facility (Nuclear Infrastructure (NI) PEIS). DOE had decided to transport neptunium-237 (Np-237), after conversion to neptunium oxide (NpO2), from DOE's Savannah River Site (SRS) to the Radiochemical Engineering Development Center (REDC) at the Oak Ridge National Laboratory (ORNL) for use in production of plutonium-238 in the future. Np-237 is categorized as special nuclear material (SNM). After the September 11, 2001, terrorist attack, storage of all SNM requires additional security and safeguards. Since REDC does not meet security requirements for storage of SNM, it would require costly security upgrades to qualify for safe storage of NpO2. DOE's Argonne National Laboratory- West (ANL-W) site, located in Idaho, meets the security requirements for storage of SNM, currently stores such materials, and has the storage space available for storage of NpO2. DOE prepared a Supplement Analysis (SA) for the NI PEIS for the change of storage location of NpO2 from REDC to ANL-W (DOE/ EIS-0310-SA-01) to determine whether further NEPA review is required. DOE has determined that no additional NEPA review is necessary because the relocation and change in storage location does not constitute a substantial change in the original proposed action, and the impacts analyzed in the NI PEIS bound the impacts of transfer to and storage at the new proposed storage location. Therefore, DOE has decided to change its decision on the storage location for NpO2 from REDC to ANL-W. FOR FURTHER INFORMATION CONTACT: For further information on this project or to receive copies of the SA, initial ROD, or this Amended ROD contact: Dr. Rajendra Sharma, U.S. Department of Energy, Office of Nuclear Energy, Science and Technology, 19901 Germantown Road, Germantown, Maryland 20874, telephone (301) 903-2899, fax (301) 903- 5005, e-mail: . For general information on the DOE NEPA process, contact Ms. Carol M. Borgstrom, Director, Office of NEPA Policy and Compliance, EH-42/Forrestal Building, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585-0119, telephone (202) 586-4600 or leave a message at (800) 472-2756. SUPPLEMENTARY INFORMATION: Background The SRS has the remaining domestic inventory of recovered Np-237 which is no longer useable at that site because production of Pu-238 is no longer possible since the reactors have been shutdown. To support the future production of Pu-238 for the National Aeronautics and Space Administration (NASA) and national security missions, DOE must convert this material to neptunium oxide (NpO2), a stable form, that can be safely stored and used later to produce Pu-238. The NpO2 also needs to be relocated and stored at a site that meets the security requirements for storage of SNM (Np-237 is categorized as SNM) and is readily available for production of Pu-238. After analyzing various alternatives, DOE originally selected REDC, located at ORNL, for storage of NpO2. However, REDC no longer meets the security requirements for storage of SNM and would have to incur costly upgrades to comply with such requirements. ANL-W site in Idaho already stores SNM and meets the enhanced security requirements for storage of SNM. The proposed plan calls for the shipment of approximately 70 drums containing small cans of NpO2 to ANL-W beginning in FY 2004 and ending in FY 2006. For shipment from SRS, one to three (depending on mass of neptunium, no more than 6 kg) crimp-sealed can(s) of NpO2 will be placed inside a 35-gallon shipping drum. The drums will be transported to ANL-W where the material will be stored until needed for Pu-238 production. Basis for Decision DOE has prepared a SA (DOE/EIS-0310-SA-01) in accordance with the Council on Environmental Quality (CEQ) and DOE regulations [[Page 50181]] implementing NEPA. CEQ regulations at title 40, section 1502.9(c) of the Code of Federal Regulations (40 CFR 1502.9(c)) require Federal agencies to prepare a supplement to an EIS when an agency makes substantial changes in the proposed action that are relevant to environmental concerns or there are significant new circumstances or information relevant to environmental concerns and bearing on the proposed action or its impacts. DOE regulations at 10 CFR 1021.314(c) direct that when it is unclear whether a supplement to an EIS is required, an SA be prepared to determine whether an EIS should be supplemented; a new EIS should be prepared; or no further NEPA documentation is required. The SA analyzed whether this transportation and storage (change of NpO2 storage location from ORNL to ANL-W) is substantially relevant to environmental concerns and whether a supplement to the NI PEIS should be prepared. The environmental impacts of shipment of NpO2 from SRS were analyzed in the NI PEIS for several storage locations including FDPF and CPP-651 storage vault at the Idaho National Engineering and Environmental Laboratory (INEEL). The ANL-W site is in close proximity of FDPF and CPP-651. The transportation route and distance from SRS to ANL-W is virtually identical to FDPF/CPP-651. Because the impacts of shipment to and storage at FDPF/CPP-651 at INEEL were analyzed in the NI PEIS, the impacts for shipment to and storage at ANL-W are expected to be virtually the same. In addition, ANL-W currently stores SNM and meets the security requirements for storage of SNM. This change of storage location for NpO2 would obviate the need for costly security upgrades at ORNL. Decision On the basis of the SA and the analyses conducted in NI PEIS, DOE has determined that the proposed change in storage location of NpO2 from REDC to ANL-W would not require further review under NEPA. The impacts due to relocation and storage of NpO2 would be no greater than those assessed in the NI PEIS. DOE is issuing this amendment to the original ROD to announce the change of storage location for NpO2 from REDC to ANL-W. Issued in Washington, DC, August 5, 2004. William D. Magwood, IV, Director, Office of Nuclear Energy, Science and Technology. [FR Doc. 04-18534 Filed 8-12-04; 8:45 am] BILLING CODE 6450-01-P ***************************************************************** 48 DOE: Notice of Intent To Prepare an Environmental Impact Statement FR Doc 04-18535 [Federal Register: August 13, 2004 (Volume 69, Number 156)] [Notices] [Page 50176-50180] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr13au04-59] for the Decommissioning of the Fast Flux Test Facility at the Hanford Site, Richland, WA AGENCY: Department of Energy. ACTION: Notice of intent. [[Page 50177]] SUMMARY: The U.S. Department of Energy (DOE) announces its intent to prepare an Environmental Impact Statement (EIS), pursuant to the National Environmental Policy Act of 1969 (NEPA), on proposed decommissioning of the Fast Flux Test Facility (FFTF) at the Hanford Site, Richland, Washington. DOE proposes to decommission the FFTF and its support buildings on the Hanford Site. Alternatives to be analyzed will include no action, entombment, and removal. DATES: DOE invites public comments on the proposed scope of this EIS. The public scoping period begins with the publication of this notice and concludes October 8, 2004. DOE invites Federal agencies, Native American Tribal Nations, State and local governments, and the public to comment on the scope of this EIS. To ensure consideration, comments must be postmarked by Friday, October 8, 2004. Late comments will be considered to the extent practicable. Two public scoping meetings will be held to provide the public with an opportunity to ask questions on the scope of the EIS, discuss concerns with DOE officials, and present comments. The locations, dates, and times for the meetings are as follows: Wednesday, September 22, 2004, from 7 p.m.-10 p.m., at the Red Lion Inn--Hanford House, 802 George Washington Way, Richland, Washington 99352; and on Thursday, September 30, 2004, from 7 p.m.-10 p.m., at the Shilo Inn, 780 Lindsay Boulevard, Idaho Falls, Idaho 83402. ADDRESSES: Comments or suggestions on the scope for the EIS and questions concerning the proposed action may be submitted to: Mr. Douglas H. Chapin, NEPA Document Manager, FFTF Decommissioning EIS, U.S. Department of Energy, Richland Operations Office, Post Office Box 550, Mail Stop A3-04, Richland, Washington, 99352. You may also leave a message at (888) 886-0821, send a fax to (509) 376-0177, or an e-mail to: Douglas_H_Chapin@rl.gov. FOR FURTHER INFORMATION CONTACT: For further information about FFTF, to request information about this EIS and the public scoping meetings, or to be placed on the EIS distribution list, please contact Mr. Chapin using any of the methods identified above. For general information about the DOE NEPA process, please contact: Ms. Carol M. Borgstrom, Director, Office of NEPA Policy and Compliance (EH-42), U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585-0119, telephone: (202) 586-4600, or leave a message at (800) 472-2756. SUPPLEMENTARY INFORMATION: Background: The FFTF is a DOE-owned, 400-megawatt (thermal) liquid- metal (sodium) cooled nuclear test reactor located on the DOE Hanford Site's 400 Area near Richland, Washington. FFTF full-scale operations were conducted between 1982 and 1992. DOE operated FFTF as a non- breeder test reactor for the U.S. liquid metal fast breeder reactor program testing advanced nuclear fuels, materials, components, and reactor safety designs. DOE also conducted ancillary experimental activities including cooperative international research and irradiation to produce a variety of medical and industrial isotopes. In May 1995, DOE issued the Environmental Assessment: Shutdown of the Fast Flux Test Facility, Hanford Site, Richland, Washington (DOE/ EA-0993, May 1995) and Finding of No Significant Impact (FONSI, May 1995). This Environmental Assessment (EA) evaluated the potential impacts associated with actions necessary to place the FFTF in a radiologically-safe and industrially-safe permanent shutdown and deactivation condition (Phase I), suitable for a long-term surveillance and maintenance (Phase II) prior to decommissioning (Phase III). The EA did not evaluate Phase III. DOE determined that an EIS was not required for the permanent shutdown and deactivation of the FFTF, and issued a Finding of No Significant Impact (FONSI). Based on the Final Programmatic Environmental Impact Statement for Accomplishing Expanded Civilian Nuclear Energy Research and Development and Isotope Production Missions in the United States, Including the Role of the Fast Flux Test Facility (NI-PEIS)( DOE/EIS-0310, December 2000), DOE decided in the Record of Decision (ROD) (66 FR 7877, January 26, 2001), that the permanent closure of FFTF was to be resumed, with no new missions. The NI PEIS reviewed the environmental impacts associated with enhancing the existing DOE nuclear facility infrastructure to provide for the following missions: (1) Production of isotopes for medical, research, and industrial uses; (2) production of plutonium-238 for use in advanced radioactive isotope power systems for future National Aeronautics and Space Administration (NASA) space exploration missions, and (3) to support the nation's civilian nuclear energy research and development needs. In the NI PEIS, FFTF was evaluated as an alternative irradiation services facility for the aforementioned missions. DOE is currently engaged in the permanent deactivation of the FFTF consistent with the May 1995 FFTF Shutdown EA and FONSI and the January 26, 2001, ROD. Major deactivation activities underway at this time include: washing the FFTF fuel to remove sodium, placing the fuel into dry cask storage, draining sodium systems, and deactivating auxiliary plant systems. The FFTF fuel, which includes sodium-bonded fuel, is being managed and dispositioned consistent with previous applicable DOE NEPA decisions (see ``Related NEPA Reviews''). Proposed Action: NEPA requires the preparation of an EIS for major federal actions that significantly affect the quality of the human environment. DOE is preparing an EIS (DOE/EIS-0364) for proposed FFTF decommissioning activities. DOE's purpose and need is to reduce long-term risks associated with the deactivated FFTF and its ancillary support facilities, and to reduce surveillance and maintenance costs. In order to meet this purpose and need, DOE proposes to decommission the deactivated FFTF and its support facilities by September 2012, consistent with the ongoing Request for Proposal No. DE-RP06-04RL14600 for the FFTF Closure Project. Alternatives for accomplishing this proposed action described below. Preliminary Alternatives: Consistent with NEPA implementation requirements, the EIS will assess the range of reasonable alternatives regarding DOE's need for decommissioning the FFTF, and a No Action alternative. The EIS will provide a means for soliciting public input on the alternatives to be analyzed as part of DOE's decisionmaking process. DOE's current proposed alternatives include entombment and removal. Other reasonable alternatives that may arise during public scoping and preparation of the draft EIS would also be considered. Because DOE has made a programmatic decision to permanently shutdown and deactivate FFTF, and is currently performing deactivation activities consistent with this decision, restart of the FFTF is not considered a reasonable decommissioning alternative. The preferred alternative for decommissioning would be identified in the EIS and DOE's decision would be announced in a ROD. Consistent with this ROD, DOE would also prepare any regulatory documents that might be required as a result of permitting, closure, or documentation requirements under the Atomic Energy Act; the Resource Conservation and Recovery [[Page 50178]] Act, and the Washington State Hazardous Waste Management Act of 1976; or the Comprehensive Environmental, Response, Compensation and Liability Act. In meeting any State (of Washington) Environmental Policy Act (SEPA) requirements related to state permitting or other regulatory actions, the State of Washington Department of Ecology (Ecology) can adopt a NEPA document if it determines that it is sufficient to meet SEPA requirements. DOE intends to coordinate with Ecology to ensure these needs are addressed. The EIS will analyze reasonable alternatives for the management and disposition of FFTF waste, and reasonable onsite (Hanford Site) and offsite (Idaho) alternatives for the management and disposition of the Hanford Site radioactive sodium inventory. The proposed alternatives to be considered in the EIS include: No Action Alternative. The Council on Environmental Quality NEPA Regulations (40 CFR parts 1500-1508), and the DOE NEPA Regulations (10 CFR part 1021) require analysis of a No Action alternative. Under this alternative, deactivation would be completed consistent with previous NEPA decisions, such that the FFTF and support buildings could be maintained in a long-term surveillance and maintenance condition for the foreseeable future; no decommissioning would occur. The facility would be monitored and periodic surveillance and maintenance performed to ensure that no environmental releases or safety issues develop. The impacts from this No Action alternative will be used as the basis for comparing the impacts of the action alternatives. Entombment Alternative. Under this alternative, DOE would decontaminate, dismantle, and remove the FFTF Reactor Containment Building dome (and structures within) above grade level (i.e., 550 feet above mean sea level). The FFTF Reactor Vessel, contained within the Reactor Containment Building, along with radioactive and contaminated equipment, components, piping, and materials, including any asbestos, depleted uranium shielding, and lead shielding, would remain in place. The Reactor Containment Building below grade level would be filled with grout or other suitable fill material to immobilize remaining radioactive and chemically-hazardous materials to the maximum extent practicable, and to minimize subsidence. The Reactor Containment Building fill material may include hazardous, and/or radioactive and contaminated materials, as allowed by regulations. A regulatory- compliant, engineered barrier would be used to cover the filled area. The barrier, together with the lower Reactor Containment Building structure and internal structures, and the immobilization and/or subsidence matrix would comprise the entombment structure (i.e., the entombed area). The FFTF support buildings outside the entombed area, would be decontaminated and demolished to below grade level, backfilled, and remediated, as appropriate. Below-grade portions would be backfilled and covered to minimize free (void) spaces. Appropriate institutional controls would also be implemented (e.g., deed restrictions, etc.). Removal Alternative. Under this alternative, DOE would decontaminate, dismantle, and remove the Reactor Containment Building dome (and structures within) above grade level. The Reactor Vessel, contained within the Reactor Containment Building below grade level, along with radioactive and contaminated equipment, components, piping, and materials, including any asbestos, depleted uranium shielding, and lead shielding, would also be removed. The removed radioactive and contaminated equipment, components, piping, and materials would include intermediate heat exchangers, primary pumps, primary isolation valves, primary overflow tanks, Interim Examination and Maintenance Cell equipment, test assembly hardware, and the Interim Decay Storage tank. Additional radioactive and contaminated equipment from the Reactor Containment Building and the FFTF Heat Transport System would also be removed, as necessary. The removed radioactive and contaminated equipment, components, piping, and materials would be disposed of in appropriate Hanford Site 200 Area disposal units such as, but not necessarily limited to, the existing Environmental Restoration and Disposal Facility or the Integrated Disposal Facility, which is proposed for construction. The Reactor Containment Building (and structures within) at grade and below grade, and the FFTF support buildings outside the Reactor Containment Building area, would be decontaminated and demolished to below grade, backfilled and covered to minimize free (void) spaces), and remediated, as appropriate. Appropriate institutional controls would also be implemented (e.g., deed restrictions, etc.). EIS Schedule: This EIS will be prepared pursuant to NEPA, the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA (40 CFR parts 1500-1508), and DOE's NEPA Implementing Procedures (10 CFR part 1021). Following publication of this Notice of Intent, DOE will conduct a 45-day public scoping period, including public scoping meetings; and prepare and distribute the draft EIS. A comment period on the draft EIS is planned, which will include public hearings to receive comments. Availability of the draft EIS, the dates of the public comment period, and information about the public hearings will be announced in the Federal Register and in local news media. The final EIS is scheduled for issuance by September 2005. A ROD would be issued no sooner than 30 days after publication of the Environmental Protection Agency's (EPA's) Notice of Availability of the final EIS in the Federal Register. Preliminary Identification of Environmental and Other Issues DOE intends to analyze the following issues when assessing the potential environmental impacts of the proposed action and alternatives in this EIS. DOE invites comments on these and any other issues that should be addressed in this EIS. Potential accident scenarios at appropriate onsite (Hanford Site) and offsite locations associated with the decommissioning of the FFTF and support facilities and with the management and disposition of resulting waste and Hanford Site radioactive sodium inventory. Potential effects on the public and onsite workers from releases of radiological and nonradiological materials during decommissioning operations and reasonably foreseeable accidents. Potential long-term risks resulting from the management and disposition of the FFTF waste and Hanford Site radioactive sodium inventory. Potential effects on air quality, and water quantity and quality from decommissioning operations and reasonably foreseeable accidents. Potential cumulative effects, including impacts from other past, present and reasonably foreseeable actions at or in the vicinity of the Hanford Site. Potential effects on biological resources (e.g., rare, threatened, or endangered species and their habitat). Potential effects on archaeological/cultural/historical sites. [[Page 50179]] Potential effects from transportation activities and from reasonably foreseeable transportation accidents. Potential socioeconomic impacts on surrounding communities. Potential for disproportionately high and adverse effects on low-income and minority populations (Environmental Justice). Potential, unavoidable adverse environmental effects. Potential, short-term uses of the environment versus long- term productivity. Potential irreversible and irretrievable commitment of resources. Potential consumption of natural resources and energy, including water, geologic materials, natural gas, and electricity. Potential pollution prevention, waste minimization, and mitigative measures. Related NEPA Reviews: Listed below are some of the key NEPA documents to be considered in relation to the EIS: Environmental Statement, Fast Flux Test Facility, Richland, Washington (WASH-1510, May 1972). This Environmental Statement (prepared by the U.S. Atomic Energy Commission) assessed the potential environmental impacts associated with the FFTF Project. Final Environmental Impact Statement: Department of Energy Programmatic Spent Nuclear Fuel Management and Idaho National Engineering Laboratory Environmental Restoration and Waste Management Programs (DOE/EIS-0203, April 1995) and ROD (60 FR 28680, May 1, 1995). This EIS analyzed (at a programmatic level) the potential environmental consequences over the next 40 years of alternatives related to the transportation, receipt, processing, and storage of spent nuclear fuel under the responsibility of DOE. For programmatic spent nuclear fuel management, this EIS analyzed alternatives of no action, decentralization, regionalization, centralization, and the use of the plans that existed in 1992 and 1993 for the management of these materials. Environmental Assessment: Shutdown of the Fast Flux Test Facility, Hanford Site, Richland, Washington and FONSI (DOE/EA-0993, May 1995). This EA evaluated the impacts associated with deactivation actions necessary to place the FFTF in a radiologically- and industrially-safe condition (Phase I), suitable for long-term surveillance and maintenance (Phase II) prior to decommissioning (Phase III). The EA did not evaluate Phase III. DOE determined that an EIS was not required for the permanent shutdown and deactivation of the FFTF and issued a FONSI. Environmental Assessment: Management of Hanford Site Non- Defense Production Reactor Spent Nuclear Fuel, Hanford Site, Richland, Washington and FONSI (DOE/EA-1185, March 1997). This EA evaluated the environmental impacts associated with actions necessary to place the Hanford Site's non-defense production reactor spent nuclear fuel, which includes FFTF's spent nuclear fuel, in a radiologically- and industrially-safe, and passive, consolidated storage condition pending final decommissioning. DOE determined that the interim management and storage of the subject spent nuclear fuel at the Hanford Site did not require an EIS and issued a FONSI. Environmental Assessment: Shutdown of Experimental Breeder Reactor-II (EBR-II) at Argonne National Laboratory-West and FONSI (DOE/ EA-1199, September 1997). This EA addressed the placement of EBR-II and its supporting facilities in an industrially and radiologically safe shutdown condition pending ultimate decommissioning, including the draining of the primary and secondary sodium and reaction of the sodium in the Sodium Processing Facility. The EA did not evaluate final decontamination and decommissioning of EBR-II or the Sodium Processing Facility. DOE determined that an EIS was not required and issued a FONSI. Final Hanford Comprehensive Land Use Plan Environmental Impact Statement (DOE/EIS-0222, September 1999) and ROD (64 FR 61615, November 12, 1999). This EIS focused on developing an overall strategy for future land use at Hanford and included a proposed comprehensive land use plan for the Hanford Site for at least the next 50 years of ownership. DOE decided in the ROD that the 400 Area would be designated ``industrial.'' This land-use designation supports the 1997 EPA Brownfields Initiative for contaminated areas (``Brownfields Economic Development Initiative, EPA 500-F-97-158, U.S. Environmental Protection Agency, Washington, D.C., September 1997.'') Final Environmental Impact Statement for the Treatment and Management of Sodium-Bonded Spent Nuclear Fuel (DOE/EIS-0306, July 2000) and ROD (65 FR 56565, September 19, 2000). This EIS evaluated strategies to remove or stabilize the reactive sodium contained in a portion of DOE's spent nuclear fuel inventory to prepare the spent nuclear fuel for disposal in a geologic repository. The EIS analyzed, under the proposed action, six alternatives that employ one or more of the following technology options at nuclear fuel management facilities at the Savannah River Site or the INEEL: electrometallurgical treatment; the plutonium-uranium extraction process; packaging in high- integrity cans; and the melt and dilute treatment process. DOE decided in the ROD to implement the preferred alternative of electrometallurgically treating the EBR-II spent nuclear fuel and miscellaneous small lots of sodium bonded spent nuclear fuel at the ANL-W facility at the INEEL. FFTF has a small inventory of sodium bonded fuel identified in this EIS. Final Environmental Impact Statement, Commercial Low-Level Radioactive Waste Disposal Site, Hanford Site, Richland, Washington, State of Washington Department of Ecology (May 2004)). This EIS was prepared by Ecology to evaluate pending actions, including an operating license renewal, at the existing commercial low-level radioactive waste disposal site located on the Hanford Site in Richland, Washington. Final Programmatic Environmental Impact Statement for Accomplishing Expanded Civilian Nuclear Energy Research and Development and Isotope Production Missions in the United States, Including the Role of the Fast Flux Test Facility (NI-PEIS, DOE/EIS-0310, December 2000) and ROD (66 FR 7877, January 26, 2001). This nuclear infrastructure programmatic EIS evaluated the proposed expansion of the nuclear irradiation capabilities for accomplishing civilian nuclear energy research and development activities, accommodating the projected growth in demand for medical and industrial isotopes, and production of plutonium-238 to support future National Aeronautics and Space Administration space exploration missions. Also included was an alternative to permanently deactivate the FFTF. The EIS concluded that ``lack of clear commitments from likely users discouraged the Department from planning to build new facilities or to restart the FFTF.'' DOE decided in the ROD that the FFTF would be permanently deactivated. Final Hanford Site Solid (Radioactive and Hazardous) Waste Program Environmental Impact Statement, Richland, Washington (DOE/EIS- 0286, January 2004) and ROD (69 FR 39449, June 30, 2004). This EIS evaluated alternatives to provide capabilities to treat, store, and/or dispose of existing and anticipated quantities of solid low-level waste [[Page 50180]] (LLW), mixed low-level waste (MLLW), Transuranic (TRU) waste, and immobilized low activity waste to support clean up at Hanford and to assist other DOE sites in completing their cleanup programs. DOE decided in the ROD to (1) limit the volumes of LLW and MLLW received at Hanford from other sites for disposal; (2) dispose of LLW in lined disposal facilities, a practice already used for MLLW; (3) construct and operate a lined, combined-use disposal facility (previously referenced in this Notice of Intent as the ``Integrated Disposal Facility'') in Hanford's 200 East Area for disposal of LLW and MLLW, and further limit offsite waste receipts until the IDF is constructed; (4) treat LLW and MLLW (requiring treatment) at either offsite facilities or existing or modified facilities, as appropriate; and (5) use existing and modified onsite facilities to store, process, and certify TRU waste for subsequent shipment to the DOE Waste Isolation Pilot Plant. Environmental Impact Statement for Retrieval, Treatment, and Disposal of Tank Waste and Closure of Single-Shell Tanks at the Hanford Site, Richland, Washington (DOE/EIS-0356). This EIS will evaluate the potential environmental impacts of the proposed action and range of reasonable alternatives, including no action, to treating and disposing of the subject tank waste and the safe management and closure of the subject tanks. The document is currently in development and a draft EIS has not yet been issued. Public Reading Rooms Documents referenced in this Notice of Intent and related information are available at the following locations: DOE Reading Room, WSU Tri-Cities, 2710 University Drive, Richland, Washington 99352, 509- 372-7443; and the U.S. Department of Energy Headquarters Public Reading Room, 1000 Independence Avenue, SW., Room 1E-190 (ME-74) FORS, Washington, DC 20585, 202-586-3142. Issued in Washington, DC on August 9, 2004. John Spitaleri Shaw, Acting Assistant Secretary, Office of Environment, Safety and Health. [FR Doc. 04-18535 Filed 8-12-04; 8:45 am] BILLING CODE 6450-01-P ***************************************************************** 49 [du-list] Protective measures for DU! Valid? What do you Date: Fri, 13 Aug 2004 14:55:31 -0700 -------- Original Message -------- Subject: Protective measures for DU! Valid? What do you think??? Let me know... Sheree Date: Wed, 11 Aug 2004 10:41:59 -0400 From: Sheree To: PR Web (English) AmbosMedios (Español ) WunZhang (Traditional Chinese ) **Home * * *About * *Submit Release * *PR Firms * *Editors/Journalists * *Search Archives * * August 11, 2004 * *Global News & Press Release Distribution * * CUSTOM NEWS FEED FOR JOURNALISTS * * MEMBER LOGIN (SUBMIT YOUR PRESS RELEASE) * // /Customize your free daily PRWEB news feed. / // /Register Here to Send Your Press Release / ** *FREE SYNDICATION * * EASIEST > PR WEB™ SERVICE BUREAU * // /Add these headlines to your web site. / // /PR Web™ Help Desk / *News by Category * *News by Country * *News by MSA * *All News for Today * *Browse News by Day * All Press Releases for August 11, 2004 Protect yourself from the harmful effects of radiation or radioactive exposure with this new information /Just released - The world’s only alternative medicine manual on how to detoxify and rebuild the body after excessive radiation or radioactive exposure./ (PRWEB) August 11, 2004 -- Top Shape Publishing LLC, has recently released a new book addressing the national security and health issue on how to detoxify your body of the effects from radiation and radioactive exposure. Just recently there was another accident at a Japanese nuclear power plant in Mihama that didn't involve radiation, but killed four people and brings to light this on-going but unresolved concern. Now there is finally a plan of action. Thousands of people are continually exposed to the dangers of excessive radiation every year. There are cancer patients who undergo radiation therapy, medical workers who deal with nuclear medicine, power plant workers, Gulf War veterans and military personnel who become exposed to depleted uranium, uranium miners and workers at plutonium processing facilities, scientists who do radioactive lab research and residents who live near old atomic testing grounds or active nuclear energy facilities. “How to Neutralize the Harmful Effects of Radiation or Radioactive Exposure” is the first book of its kind that not only reviews the typical health results of radiation toxicity and sickness in layman’s terms, but focuses on the various ways by which you can eliminate radioactive particles from your body and start healing yourself from the damaging effects of radiation exposure. Author William Bodri says, “I wanted to write a book, as my own national contribution, that addressed a security concern that everyone seemed to be ignoring, which is the emergency detoxification of radioactive exposure. Scan the internet and most of what you find simply focuses on telling you that radiation is bad for you. Well, we don’t need more studies telling us what we already know. While most of the radiation research is focused in that direction what we really need are alternative and naturopathic protocols you can use to help protect yourself or heal yourself from excessive radiation or radioactive exposure. Unfortunately, as one researcher told me, there's no funds for that type of research as there's no demand, meaning we're not thinking ahead in terms of real national concerns. We say we want to send astronauts to Mars and they also need this sort of information. Every little bit helps when it comes to adjunct naturopathic therapies, and if the hospitals and government stockpiles of potassium iodine or Prussian Blue run out in an emergency, this the very sort of information the public will be screaming for and it's what health care workers need to know.” Delving into options as diverse as seaweeds, chlorella, spirulina, teas, thiol compounds, amino acids, shark alkyglycerols and dozens of other natural substances that have been used at Nagasaki or Chernobyl, studied for their radioprotective effects or used in other incidents of radiation sickness and exposure, the book also focuses on various proven natural means that can help neutralize radioactive compounds and rebuild the body’s blood, gastrointestinal and immune system after exposure to radiation. How to Neutralize the Harmful Effects of Radiation or Radioactive Exposure By William Bodri www.RadiationDetox.com # # # ** Email this story to a colleague Printer Friendly Version CONTACT INFORMATION *William Bodri* Top Shape Publishing, LLC Visit Our Site 718-539-2811 Email us Here ATTACHED FILES There are no multimedia files attached to this release. If this is your release you may add images or other multimedia files through your login. ABOUT PR WEB™ & these News Releases If you have any questions regarding information in these press releases please contact the company listed in the press release. Please do not contact PRWeb. We will be unable to assist you with your inquiry. PRWeb disclaims any content contained in these release. Our complete disclaimer appears here . *Disclaimer: *If you have any questions regarding information in these press releases please contact the company listed in the press release. Please do not contact PR Web™. We will be unable to assist you with your inquiry. PR Web™ disclaims any content contained in these release. Our complete disclaimer appears here . © Copyright 1997-2004, PR Web™. All Rights Reserved Terms of Service | Privacy Policy ------------------------ 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/ ***************************************************************** 50 [du-list] DU in the News - 13th Aug. 04 Date: Fri, 13 Aug 2004 14:55:15 -0700 DEPLETED uranium still a danger, speaker says The Bozeman Daily Chronicle - Bozeman,MT,USA ... Library. The talk, centering on the use and effects of depleted uranium in ammunition, was sponsored by the Bozeman Peace Seekers. ... <http://www.bozemandailychronicle.com/articles/2004/08/12/news/uranium.txt> GULF War Illnesses -- At Home and Abroad Infoshop News - USA ... 0ct. 2003), I had hoped that the mainstream press would have picked up the depleted uranium (DU) issue. Alas, this is not the case. ... <http://www.infoshop.org/inews/stories.php?story=04/08/12/0816776> RETURNING troops may not be seeking treatment The Journal News.com - Westchester,NY,USA ... If you're concerned about depleted uranium, respiratory problems or other symptoms, they will hold you over for a week or a month for additional tests. ... <http://www.nynews.com/newsroom/081204/a0112ptsd.html> ANDY D: USA to collapse Pravda - Moscow,Russia ... people. The Iraqi people have suffered so much from American and British nuclear (depleted uranium) and terror attacks. Their gambit ... <http://english.pravda.ru/mailbox/22/98/386/13738_US.html> IN Defense of Supporting Attacks on US Troops---John Paul Cupp Collective Bellaciao - Paris,France ... one's opinion of it) while demanding the very Clinton responsible for killing millions of Iraqis via sanctions and for the depleted uranium being dropped on ... <http://bellaciao.org/en/article.php3?id_article=2626> 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 9fba8.jpg 9fbf3.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: 9fba8.jpg: 00000001,0f023a33,00000000,00000000 Attachment Converted: 9fbf3.jpg: 00000001,0f023a34,00000000,00000000 ***************************************************************** 51 Google News Alert - nuclear Date: Fri, 13 Aug 2004 17:54:50 -0700 (PDT) UTILITY to Temporarily Shutter Nuclear Plants Los Angeles Times (subscription) - Los Angeles,CA,USA A Japanese utility said it would temporarily shut down all 11 of its nuclear power facilities to conduct safety checks because of this week's deadly accident ... See all stories on this topic: WASHINGTON threatens Iran, demanding it halt nuclear energy ... The Militant - New York,NY,USA ... International Atomic Energy Agency (IAEA) as a cover to intensify the imperialist campaign against Iran, waged under the banner of “nuclear non-proliferation ... See all stories on this topic: RUSSIA denies conducting nuclear tests Xinhua - China MOSCOW, Aug. 13 (Xinhuanet) -- The Russian Foreign Ministry on Friday denied the country had conducted any nuclear tests in post-Soviet times. ... See all stories on this topic: BUSH defends decision on Nevada nuclear dump Miami Herald (subscription) - Miami,FL,USA LAS VEGAS - (AP) -- President Bush on Thursday defended his decision to use Nevada's Yucca Mountain as the nation's high-level nuclear waste dump, an unpopular ... See all stories on this topic: AUSTRALIA links aid to N.Korea nuclear programme Reuters AlertNet - London,England,UK SYDNEY, Aug 13 (Reuters) - North Korea could expect vital economic assistance if it disbanded its nuclear programmes, Australian Foreign Minister Alexander ... See all stories on this topic: INTEREST in nuclear power rises as costs fall National Business Review - New Zealand Strong international demand is nuking the price of clean, green nuclear reactors and has renewed a call for rational analysis of a New Zealand-friendly nuclear ... See all stories on this topic: US, Canada See Eye-to-eye On Iranian Nuclear Program, Human Rights ... Turkish Press - Turkey WASHINGTON, Aug 13 (AFP) - The United States and Canada share concerns about the extent of Iran's nuclear programs and Tehran's poor human rights record, US ... See all stories on this topic: SUN Gets Nuclear Cluster Deal TechWeb - USA Sun Microsystem Thursday announced a $2 million deal with the Department of Energy to build a clustered supercomputer at the agency's nuclear research lab in ... See all stories on this topic: NUCLEAR plants to close for inspections Washington Times - Washington,DC,USA 13 (UPI) -- Following a fatal accident at one of its nuclear power plants, Japan's Kansai Electric Power Company said Friday it would close all its plants for ... CZECH nuclear plant malfunctions again Washington Times - Washington,DC,USA 13 (UPI) -- A reactor at the Czech Republic's Temelin nuclear power plant has been closed down due to a malfunction in a generator, the Pravo newspaper ... This daily-once News Alert is brought to you by Google News (BETA)... - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Remove this News Alert: http://www.google.com/newsalerts/remove?s=92d1672a1b037a07&hl=en Create another News Alert: http://www.google.com/newsalerts?hl=en Try Google News: http://news.google.com/ ***************************************************************** NOTE: In accordance with Title 17 U.S.C. section 107 this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: *****************************************************************