***************************************************************** 01/11/05 **** RADIATION BULLETIN(RADBULL) **** VOL 13.7 ***************************************************************** 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 Xinhua: Iran taking part in nuclear expert meeting in Vienna - offic 2 The Advocate: Businessman charged by feds with aiding Iran nuclear p 3 [du-list] 1/11 Korea Watch: U.S. congressman Discussses N. 4 Guardian Unlimited: Congressman: N. Korea Nukes Discussed 5 Korea: Digital Chosunilbo: North Says Threat of Nuclear War Growing 6 INSIDE JoongAng Daily: Congressman: North Korea addressed nuclear is 7 US: [NukeNet] Watchdogs Slay Plutonium AVLIS Program, Again! 8 Guardian Unlimited: Official: U.S., Russia Close to Arms Deal 9 US: AP Wire: NRC drops fine against TVA in whistleblower settlement 10 [NukeNet] IAEA Head Has Repeatedly Called For Nuclear Fuel 11 Taipei Times: Lee Yuan-tseh turns to environmental sustainability 12 Daily Yomiuri: Huge CO2 emission cuts proposed NUCLEAR REACTORS 13 US: [NukeNet] 3 articles on Hope Creek re-start 14 US: NRC: Sacramento Municipal Utility District; Rancho Seco Independ 15 US: NRC: Sunshine Act Meeting 16 US: AP Wire: Officials study how contamination left Oconee Nuclear S 17 US: AP Wire: Group wants Duke's plan to use fuel at nuclear plant ma 18 US: News Journal: Nuke plant to restart without overhaul 19 Taipei Times: Government still committed to end of nuclear power 20 YWS: Gov't Approves New Nuclear Power Generators in Gori 21 Economic Times: 'Our nuclear facilities can brave any natural disast 22 US: Times Argus: Vt. Yankee must be a cornerstone of state's electri 23 Indian Express: Tsunami hits N-programme: fast breeder project delay 24 US: Brattleboro Reformer: NRC to review coalition's petition 25 US: NRC: New NRC Senior Resident Inspector Assigned to Peach Bottom 26 US: NRC: NRC to Hold Public Meeting Jan. 19 on Environmental Impacts 27 EUbusiness: Lithuania to seek international help to build new nuclea NUCLEAR SAFETY 28 US: NRC: KTL Roudebush Testing, Kansas City, MO; Order Revoking Lice 29 US: NRC: Christopher V. Roudebush; Order Prohibiting Involvement in 30 US: Guardian Unlimited: Kin of Sick Nuke Workers to Get Checks 31 Bellona: Russia scrapped 17 nuclear powered submarines in 2004 32 US: Las Vegas SUN: No terrorism threat found in LV rail probe 33 US: DenverPost.com: Whistle-blowers reap, but process takes time 34 US: NRC: NRC Increases Security Requirements for Portable Gauges Con NUCLEAR FUEL CYCLE 35 US: Bradenton Herald: More toxic Tallevast tests emerge 36 Las Vegas RJ: Nevada entitled to more funds to fight Yucca, lawyers 37 US: Las Vegas RJ: Experts: Perchlorate lessharmful than thought 38 US: mineweb: Uranium to be supply driven rather than inventory drive 39 US: Las Vegas SUN: Terrorism threat prompted LV rail probe in '03 40 US: Las Vegas SUN: Letter: Leaving nuclear waste in place is best so 41 US: Las Vegas SUN: Administration asked opinion on nuke waste case 42 Las Vegas SUN: Appeals court to decide on money to fight Yucca dump 43 US: Water and Waste Water: Statement from AWWA on NAS Report on Perc 44 US: PE.com: Perchlorate danger less than feared, panel says NUCLEAR WEAPONS 45 US: KR: Chemical found in drinking water safer than EPA feared, pane US DEPT. OF ENERGY 46 chillicothe gazette: Businesses to take over environmental cleanup i 47 chillicothe gazette: Public input sought on new USEC facility - OTHER NUCLEAR 48 [du-list] DU in the news -10th Jan 05 ***************************************************************** ***************************************************************** FULL NEWS STORIES ***************************************************************** ***************************************************************** 1 Xinhua: Iran taking part in nuclear expert meeting in Vienna - official www.xinhuanet.com www.chinaview.cn 2005-01-11 23:08:42 TEHRAN, Jan. 11 (Xinhuanet) -- A top Iranian diplomat said on Tuesday in Vienna that Iran was taking part for the first time in an expert meeting on nuclear fuel cycle in the International Atomic Energy Agency (IAEA) headquarters, the official IRNA news agency reported. Pirouz Hosseini, Iran's permanent representative to the IAEA, was quoted as saying that Sirous Nasseri, Iranian diplomat at the IAEA board of governors and member of the Iranian negotiating delegation with the European Union (EU), was attending the meeting. "The meeting kicked off Monday and would continue for five days," Hosseini said. "The participants will discuss ways to guarantee production of fuel to be used in nuclear power generation facilities and establish depots for stockpiling fuel waste," he said. Hosseini pointed out that the participants were attending the meeting with their personal and expert identity and not as representatives of their countries. Iran has been accused by the United States of developing nuclear weapons under the disguise of research for civil purpose. Tehran rejected the accusation and termed it as politically motivated. However, under the international pressure and a package of incentives offered by the European Union (EU), Iran downright suspended its sensitive nuclear activity, uranium enrichment, in Nov. 2004 and vowed to admit inspectors to some sensitive sites. In return, the EU promised to recognize Iran's right to get access to peaceful nuclear technology and provide necessary aid to Iran. Enditem Copyright ©2003 Xinhua News Agency. All rights reserved. ***************************************************************** 2 The Advocate: Businessman charged by feds with aiding Iran nuclear program Associated Press January 11, 2005 BRIDGEPORT, Conn. -- An Iranian-born businessman illegally smuggled equipment to support the Iranian nuclear missile program, federal prosecutors said Tuesday. Mohammad Farahbakhsh, 43, an Iranian-born U.S. citizen living in Los Angeles, was arraigned in U.S. District Court Tuesday on charges that he sent pressure sensors and other equipment from Stamford to the United Arab Emirates, where they were to be shipped to Iran. His four-page indictment does not mention the nuclear program, but federal agents recently raided Farahbakhshs homes in Los Angeles and in Cambridge, Iowa, where they discovered computer files showing deliveries to a company involved in Iran's nuclear missile program, prosecutors said. The company, the Shahid Hemmat Industrial Group, has twice been hit with U.S. sanctions for its role in developing missile technology. "That was the first time we ever heard about this nuclear program," defense attorney Kristan Peters said after court Tuesday. Assistant U.S. Attorney Robert Appleton said prosecutors planned to file a new indictment that includes information from the searches. The sensors Farahbakhsh is accused of shipping through the UAE can be used for both civilian and military projects, but Appleton said investigators are still trying to determine the uses for the material allegedly shipped to Shahid Hemmat. Peters said Farahbakhsh, who goes by the name Hadi Farah, has no dealings with the Iranian military or the nuclear program. Prosecutors disagreed. "There's a picture of the defendant standing on an Iranian oil tanker after providing them with a radar system," Appleton said. Farahbakhsh was charged in Connecticut because he allegedly ordered pressure sensors from Stamford-based Omega Engineering in 2003. Just 20 months ago, Omega was fined $313,000 for illegally shipping equipment to Pakistan. When the company learned the sensors were destined to Iran, officials notified the FBI. "Omega deserves credit for coming around and being on the right team," U.S. Attorney Kevin O'Connor said Tuesday. Federal agents worked with the company to catch Farahbakhsh when he reordered equipment in 2004. He was arrested in October in Los Angeles, where he has been held while a plea deal was discussed. Those talks fell apart, attorneys said, and he was transferred to Connecticut. Farahbakhsh, a dual citizen of Iran and the United States, is charged with two counts of violating federal export laws. He faces up to 15 years in prison if convicted on both counts. The indictment does not say whether the equipment made it to Iran, but that is not required to charge someone. In the next indictment, Farahbakhsh could face new charges or additional counts of the same charges, Appleton said. He expects it will be filed next month. Peters said Farahbakhsh was allowed to ship the sensors to the UAE for construction of automobile testing components. He knew those components were ultimately bound for Iran, but she said he cannot be charged because the sensors are such a small piece of the component. She said she will try to have the case dismissed. Investigators are also looking for a second person who allegedly conspired to ship the sensors. The person, whose name is redacted from the indictment, allegedly does business at the Akeed Trading Company in the UAE. A person answering the company cell phone Tuesday night hung up on a reporter. Nobody at Omega was available to take a call Tuesday night. U.S. Magistrate Judge Holly Fitzsimmons did not make a decision on bail Tuesday. Prosecutors want him held, saying he will flee to Iran because bail would be a "negligible cost of doing business." Farahbakhsh's wife is in California and his ex-wife, Debbie, and four children are in Iowa, his lawyer said. Her client can be placed on house arrest and a Federal Aviation Administration flight list to ensure he will not flee, Peters said. Copyright © 2005, The Associated Press [Aparrtments.com] © 2005, Southern Connecticut Newspapers, Inc. All rights ***************************************************************** 3 [du-list] 1/11 Korea Watch: U.S. congressman Discussses N. Date: Tue, 11 Jan 2005 14:58:45 -0800 Rep. Discussses N. Korea Nuclear Program By AUDRA ANG .c The Associated Press BEIJING (AP) - A U.S. congressman who visited North Korea said Tuesday that Pyongyang is waiting to see how the second Bush administration takes shape before deciding whether to return to talks on its nuclear program. Rep. Tom Lantos, the top Democrat on the House International Relations Committee, said the officials he met expressed ``their desire for a significantly improved set of relations with the United States,'' but they argued repeatedly that Washington still harbored ``hostile intent.'' ``They indicated their support for continuing the six-party talks but they said they are waiting to see the shape of the second Bush administration before committing to returning to the table,'' Lantos said at a news conference in Beijing after the three-day visit. They did not specify what exactly would convince them to continue negotiations, he said. The United States, the two Koreas, China, Japan and Russia have been struggling to arrange a new round of talks on the North's nuclear weapons programs. Three rounds, hosted by China, have been held since 2003, but there have been no breakthroughs. Lantos, D-Calif., said he told them that since President Bush was still in office and Donald Rumsfeld was still secretary of defense, ``there is no conceivable reason for anyone to expect a significant change of U.S. policy towards the Korean Peninsula.'' He met with Yang Hyong Sop, vice president of the Presidium of the Supreme People's Assembly, Foreign Minister Paek Nam Sun and Vice Foreign Minister Kim Kye Gwan, who is also North Korea's chief representative in the six-party talks. Lantos said the meetings did not specifically address the type of nuclear programs the North had. Pyongyang says it has several plutonium-based nuclear weapons and denies U.S. allegations it has a secret uranium-based nuclear weapons program. ``They indicated that they view their nuclear program as important, but I had the very strong impression that they are ready to discuss the matter,'' he said without elaborating. Lantos was a sponsor of the North Korean Human Rights Act, which took effect in October and allows Washington to spend up to $24 million a year in humanitarian aid for North Koreans - much of it for refugees who have fled their country. North Korea reacted angrily to the law, saying it caused ``slander and insult'' to Pyongyang. Despite the bill, Lantos said the officials he met ``expressed a very strong sense of goodwill.'' He said he also presented Libya as a possible model for North Korea - a notion that Pyongyang seemed to be willing to consider. Last year, Bush removed a ban on commercial air service to Libya and released $1.3 billion in frozen Libyan assets in recognition of steps to eliminate its deadliest weapons programs. While he didn't think the North Korean meetings solved any immediate problems, Lantos said they were was ``one small step in the right direction.'' 01/11/05 07:40 EST ============================================================= Peace, No War War is not the answer, for only love can conquer hate Not in our Name! And another world is possible! Information for antiwar movements, news across the World, please visit: http://www.PeaceNoWar.net Please Join PeaceNoWar Listserv, send e-mail to: peacenowar-subscribe@lists.riseup.net *Peace No War Network is an activist project of ActionLA Action for World Liberation Everyday! URL: http://www.ActionLA.org e-mail: Info@ActionLA.org Please join our ActionLA Listserv go to: http://lists.riseup.net/www/subscribe/actionla or send e-mail to: actionla-subscribe@lists.riseup.net <><><><><><><><><><><><><><><><><><><><><><><><><><><><><><> *To Translate this page to Arabic, please visit ajeeb.com: http://tarjim.ajeeb.com/ajeeb/default.asp?lang=1 *To Translate this page to French, Spanish, German, Italian or Portuguese, please visit Systran: http://www.systransoft.com/ [Non-text portions of this message have been removed] ------------------------ Yahoo! Groups Sponsor --------------------~--> What would our lives be like without music, dance, and theater? Donate or volunteer in the arts today at Network for Good! http://us.click.yahoo.com/TzSHvD/SOnJAA/79vVAA/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/ ***************************************************************** 4 Guardian Unlimited: Congressman: N. Korea Nukes Discussed From the Associated Press [UP] Congressman: N. Korea Nukes Discussed Tuesday January 11, 2005 4:31 AM BEIJING (AP) - A U.S. congressman who met high-ranking North Korean officials said Tuesday he discussed the North's nuclear program and human rights issues at great length. Rep. Tom Lantos, the ranking Democrat on the House International Relations Committee, stopped in Beijing after a three-day visit to Pyongyang. ``I had very substantive, serious discussions on a range of issues including nuclear matters, human rights matters and the economy,'' Lantos told reporters when he arrived in Beijing on Tuesday. He did not give any details but said he would report to President Bush about the meeting when he returned to the United States. The North's official News Agency KCNA said Lantos held talks with Yang Hyong Sop, vice president of the Presidium of the North's Supreme People's Assembly, at the Mansudae Assembly Hall. Lantos also met North Korean Foreign Minister Paek Nam Sun on Monday, KCNA said. The United States, the two Koreas, China, Japan and Russia have been struggling to hold a new round of talks on the North's nuclear weapons programs. Three rounds, hosted by China, have been held since 2003, but there have been no breakthroughs. Pyongyang said last week that it was willing to abandon its nuclear programs if Washington gives up ``a hostile policy aimed at toppling our system,'' a spokesman of North Korea's Foreign Ministry said in a statement carried by KCNA. Lantos, 76, was a sponsor of the North Korean Human Rights Act passed in October that allows Washington to spend up to $24 million a year in humanitarian aid for North Koreans - much of it for refugees who have fled their country. North Korea reacted angrily to the law, saying it caused ``slander and insult'' to Pyongyang. Separately a bipartisan congressional delegation organized by Rep. Curt Weldon, R-Pa., also visits Pyongyang this week. Guardian Unlimited © Guardian Newspapers Limited 2005 ***************************************************************** 5 Korea: Digital Chosunilbo: North Says Threat of Nuclear War Growing Updated Jan.11,2005 17:30 KST reported a growing threat of nuclear war because of the presence of U.S. troops in South Korea and the U.S.'s aggressive policy toward Pyongyang. In a statement, the North Korean Embassy in Moscow said that U.S. policy seeking to "strangle" North Korea had exacerbated the threat of a nuclear war. "Should a war break out, only our Northern and Southern brothers and our country will feel the pain of the huge disaster," the statement said. "The Korean people must drive the U.S. military out of South Korea and eliminate an environment where a nuclear war could erupt, while securing the peace and security of the Korean Peninsula," it added. (englishnews@chosun.com ) ***************************************************************** 6 INSIDE JoongAng Daily: Congressman: North Korea addressed nuclear issue [http://joongangdaily.joins.com] January 12, 2005 KST 11:54 (GMT+9) January 12, 2005 ¤Ñ A ranking U.S. congressman has concluded his meetings with North Korean leaders in Pyeongyang, saying talks dealt with the North's nuclear aspirations, international media reported yesterday. "I had very substantive, serious discussions on a range of issues, including nuclear matters, human rights matters and the economy," Tom Lantos, Democrat of California, was quoted as saying by Reuters after his four-day trip to the North. Mr. Lantos said yesterday he will brief President George W. Bush and Condoleezza Rice, nominee for the secretary of state, about his visit. The North's state-run Korea Central News Agency also reported yesterday that Mr. Lantos had met with Foreign Minister Paek Nam-sun and Yang Hyong-sop, vice president of the Supreme People's Assembly, North Korea's legislature. The report, however, gave no further details about the talks. Mr. Lantos is a member of the International Relations Committee of the House of Representatives and a sponsor of a recently enacted U.S. law designed to improve human rights in North Korea. Mr. Lantos' trip, the first U.S. congressional visit to the North since 2003, came just before a six-member bipartisan U.S. congressional delegation starts talks in Pyeongyang. The North Korean news outlet also reported the delegation arrived in Pyeongyang yesterday. by Ser Myo-ja iamfine@joongang.co.kr> [http://joongangdaily.joins.com/faq.html] ***************************************************************** 7 [NukeNet] Watchdogs Slay Plutonium AVLIS Program, Again! Date: Tue, 11 Jan 2005 14:58:52 -0800 NukeNet Anti-Nuclear Network (nukenet@energyjustice.net) Hi, friends and colleagues -- this is a huge victory for nonproliferation as well as for our health and environment. Read on... Peace, Marylia Kelley Watchdog "Davids" Slay Plutonium - AVLIS Program, Again! By Loulena Miles >From Tri-Valley CAREs' January 2005 newsletter, Citizen's Watch Tri-Valley CAREs has recently obtained a memo from U.S. Dept. of Energy (DOE) Headquarters containing a formal determination that Livermore Lab will not be permitted to revive its controversial Plutonium-Atomic Vapor Laser Isotope Separation (Pu-AVLIS) program. According to the memo, Pu-AVLIS has been defunded and will be withdrawn from consideration when the final Site-Wide Environmental Impact Statement (SWEIS) on Livermore Lab operations is released, later in 2005. Kudos to all of our readers who attended public hearings and submitted written comments on the draft SWEIS to oppose this dangerous project. Your voices made a difference. The cancellation of Pu-AVLIS is our first victory in the struggle to stop numerous polluting and proliferation-provocative nuclear weapons programs outlined in the SWEIS. It also represents the culmination of a lot of good work by Tri-Valley CAREs and colleague organizations. In Feb. 2003, the draft SWEIS was circulated to the public. Included in its 2,500 pages was the plan to raise the previously-dead Pu-AVLIS project from its ashes. The proposal involved Livermore Lab first converting plutonium oxides to metal using a furnace. Then, the plutonium metal (containing a mixture of isotopes) was to be heated in a crucible until it formed a hot vapor cloud. Specially tuned laser beams were to be shot through the vapor to selectively ionize out, or separate, the desired plutonium isotope(s) from the mix. The Pu-AVLIS process could have been employed to separate out Plutonium-242 for use in certain above-ground weapon design tests for the "stockpile stewardship" program. Or, Pu-AVLIS could have been used to produce weapons-grade concentrations of Plutonium-239, the isotope needed for nuclear bomb cores. In addition to the obvious health and environmental risks, the plan to revive, and ultimately perfect, Pu-AVLIS technology posed a huge nuclear proliferation problem. For, if it had gone forward, this Livermore Lab project could have given international would-be bomb builders a wholly new method for obtaining weapons grade material from the mixed plutonium isotopes that can be found in an irradiated fuel rod from a civilian nuclear power plant or research reactor. And, Pu-AVLIS would have been more compact and less detectable to outside observers than existing technologies for separating nuclear bomb materials. Livermore Lab first planned to perfect Pu-AVLIS technology in the 1980s. Due to opposition by non-governmental organizations, including Tri-Valley CAREs, and allies in Congress, the project was halted by the early 90s. Probably due to an anticipated renewal of massive public opposition, Livermore Lab first tried to revive Pu-AVLIS under cover of deepest secrecy. When the Notice of Intent to prepare the draft SWEIS was published in the Federal Register there was not any mention of Pu-AVLIS, only a vaguely-worded reference to an unnamed "Defense Nuclear Technology Classified Project." Moreover, the Notice said the project would be described in a classified appendix, unavailable to the public. One of Tri-Valley CAREs' early successes was to initiate opposition to this excessive secrecy. Ultimately, word leaked out that the secret project was Pu-AVLIS. And, the project was described in the draft SWEIS for all to see. Tri-Valley CAREs then filed several Freedom of Information Act requests and found that the Lab was positioning itself to conduct plutonium vaporization as early as 2005. A handwritten note on one DOE document revealed that the agency had consciously decided to avoid conducting a legal review of the project. This became clear because DOE had tried to classify it with the words, "contravention of statute" written on the cover. >From other DOE documents, we learned that Pu-AVLIS would have been used to vaporize 220 lbs. of plutonium every year. The process could have resulted in significant worker exposure, routine airborne releases of plutonium into surrounding communities, more plutonium moving around on our nation's highways to and from the Lab, and increased dangers associated with a natural disaster (e.g., earthquake), or a terrorist attack. During the past year, Tri-Valley CAREs has spoken at dozens of meetings, rallies and hearings against this project, while also enlisting a formidable cast of experts in the fight. They include Paul Leventhal of the Nuclear Control Institute, Arjun Makhijani from the Institute for Energy and Environmental Research, and Chris Paine and Geoff Fettus of the Natural Resources Defense Council. Each of these groups opposed the resurrection of Pu-AVLIS at a public hearing held at DOE Headquarters in Washington, DC. Additionally, Tri-Valley CAREs took the issue to the global community, discussing it at the United Nations and thus educating diplomats, NGOs and the media. Further, Tri-Valley CAREs was poised to sue in Federal Court if DOE chose to give final approval for this project. We are now archiving the documents we obtained during our efforts to stop Pu-AVLIS. This will serve as a safeguard against any future proposals to revive it yet again. We are celebrating this victory, but we plan to remain vigilant! ### 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 or access the archives at: http://energyjustice.net/mailman/listinfo/nukenet_energyjustice.net ***************************************************************** 8 Guardian Unlimited: Official: U.S., Russia Close to Arms Deal From the Associated Press [UP] Tuesday January 11, 2005 10:31 PM AP Photo XPNT103 By ROBERT BURNS AP Military Writer WASHINGTON (AP) - The United States and Russia are close to completing an agreement designed to limit trafficking in portable air-defense missiles, which some security experts fear terrorists could use against commercial airliners, Russian Defense Minister Sergei Ivanov said Tuesday. At a joint news conference with Defense Secretary Donald H. Rumsfeld, Ivanov provided few details but said the proposed accord reflected a common interest between the United States and Russia in constraining the unauthorized movement of these weapons around the world. ``You know full well that terrorists of all hues and stripes'' have sought to obtain them, he said. Ivanov, speaking through an interpreter, said ``an agreement on the exchange of information'' on portable air-defense weapons would be signed by the two countries ``pretty soon.'' He said the agreement was put together quickly ``because it was in the best interests of both states to maximally constrain'' the movement of such weapons, such as the American-made Stinger shoulder-fired missiles the CIA supplied to Afghan rebels fighting Soviet forces in the 1980s. Ivanov said ``negligible amounts'' of Russian-made air defense weapons also were in Afghanistan, and they are included in the inventories of many central and eastern European countries. Rumsfeld did not comment on the deal and other U.S. officials did not immediately have any information. Later, after a meeting with President Bush at the White House, Ivanov told reporters he and Rumsfeld had briefly filled the president in on the ``understanding between the governments of the two countries to control the movements'' of such weapons. Typically, these relatively cheap weapons are small, rocket-propelled warheads with heat-seeking sensors. They are designed to be triggered from a tube-like, disposable launcher and to follow the heat of a jet engine's exhaust to its source. The CIA-backed rebels in Afghanistan used Stingers to great effect against Russian helicopters and other low-flying aircraft during the 1980s. Ivanov also said he had accepted a U.S. invitation for Russian forces to participate in a U.S.-based military exercise to ``handle nuclear safety issues while transporting nuclear munitions.'' He did not elaborate. Later, the Pentagon issued a brief statement saying the United States will host six Russian observers at a nuclear weapons convoy security exercise this spring. It gave no details. Ivanov said his session with Bush laid the groundwork for a meeting between the U.S. president and Russian President Vladimir Putin, scheduled for Feb. 24 in the Slovak Republic while Bush is traveling through Europe. Ivanov and Bush talked about hotspots such as Iran and Afghanistan; the joint commitment to fight terrorism; their desire to reduce the proliferation of weapons of mass destruction; and bilateral military exercises, he said. The two did not discuss the political situation in Russia's neighbor, Ukraine, but Ivanov did not rule it out as a topic of discussion when he returns to the White House on Wednesday to meet with national security adviser Condoleezza Rice. Rice has been nominated to be the next secretary of state. Guardian Unlimited © Guardian Newspapers Limited 2005 ***************************************************************** 9 AP Wire: NRC drops fine against TVA in whistleblower settlement | 01/11/2005 | DUNCAN MANSFIELD Associated Press KNOXVILLE, Tenn. - The Nuclear Regulatory Commission has reached a settlement with the Tennessee Valley Authority that drops what was once a maximum $110,000 fine for discriminating against a nuclear plant worker who raised safety concerns. The regulatory agency announced Tuesday that TVA, the country's largest public utility, has improved its work environment to the point that a fine was no longer necessary in a case dating back to 1996 at the TVA's Sequoyah Nuclear Plant near Chattanooga. Worker advocates aren't so sure. "The only thing that changes is nothing changes," said Ann Harris, a former TVA whistleblower and founder of the worker support group, We The People. "The abuse still continues and the NRC continues to give them permission, and TVA continues to do it." TVA, a federal corporation with more than 12,000 employees, operates three nuclear stations, 11 coal-fired power plants and 29 hydroelectric dams. It provides electricity to about 8.5 million people in Tennessee and parts of Alabama, Mississippi, Kentucky, Georgia, North Carolina and Virginia. The case involved TVA's treatment of Gary L. Fiser, a chemistry and environmental protection program manager who worked for TVA from 1987 to 1996. Fiser raised safety concerns about the Sequoyah station from 1991 to 1993, and filed a U.S. Department of Labor complaint in 1993 in part because of those concerns. Three years later, Fiser was laid off with hundreds of others. TVA said the layoffs were for "legitimate business reasons." But Fiser said his bid for another job within TVA was undermined by his whistleblower activities. Finding credibility in Fiser's claim, the NRC originally proposed a maximum fine of $110,000 against TVA in 2001. That was reduced to $44,000 on appeal in 2003. The settlement, reached on Nov. 10, ends the case without penalty and drops individual citations against two managers, one of whom has left TVA and another who transferred. However, the original determination that TVA discriminated against Fiser, whom TVA privately settled with last October, "remains in effect," said Carolyn Evans, counsel for the NRC's regional office in Atlanta. "It didn't take that away. It doesn't erase it," she said. "But what has happened is that the parties have agreed to settle this dispute based on the finding that TVA has adopted and has taken actions to ensure that it has a safety conscious work environment," she said. The NRC cited an employee survey by TVA's inspector general in 2004 that "found that TVA employees ... generally felt free to raise nuclear safety and quality issues." The regulators also noted there have been no worker discrimination complaints against TVA in the past two years. "We are pleased that the matter has been resolved," TVA spokesman Gil Francis said, noting the settlement "acknowledges TVA's actions to foster and maintain" a good working environment in which employees are encouraged to "raise nuclear concerns and quality issues." But Harris contends TVA employees are still reluctant to raise safety problems with their bosses. She said she knows because they come to her for advice. "They fear for their jobs. And the NRC is toothless; they don't do anything" Harris said. --- TVA: http://www.tva.gov [http://www.tva.gov] ***************************************************************** 10 [NukeNet] IAEA Head Has Repeatedly Called For Nuclear Fuel Date: Tue, 11 Jan 2005 14:58:44 -0800 NukeNet Anti-Nuclear Network (nukenet@energyjustice.net) IAEA chief Mohammed ElBaradei, for example, has repeatedly called to have the nuclear fuel cycle placed under international control to prevent further proliferation. UN nuclear watchdog seen aggressively pursuing violations http://www.boston.com/news/world/articles/2005/01/09/un_nuclear_watchdog_seen_aggressively_pursuing_violations?pg=2 New powers give agency an edge in investigations By Brian Whitmore, Globe Correspondent | January 9, 2005 PRAGUE -- As the United Nations nuclear watchdog agency gains more authority and develops greater capabilities to investigate suspected proliferation activities, more countries will be found to have violated the rules, according to diplomats and analysts. Egypt joined that expanding list of nations this month as reports emerged that the Vienna-based International Atomic Energy Agency was investigating Cairo for conducting a series of small, but undeclared, atomic experiments decades ago. Over the past two years, IAEA probes have also helped uncover varying degrees of unauthorized nuclear activity by Iran and South Korea, as well as overseeing Libya's disarmament. Additionally, Abdul Qadeer Khan, the founder of Pakistan's nuclear program, admitted early last year to providing atomic secrets to Tehran and Tripoli, as well as to North Korea, since the late 1980s. The flood of disclosures and confessions that have shed light on previously clandestine nuclear activities is partially the result of expanded inspection powers the IAEA has acquired over the past decade as well as a new investigative culture that has emerged at the agency, diplomats and weapons specialists said. "The IAEA is changing the way it does business and it is creating shock waves," said David Albright, a former UN weapons inspector who heads the Institute for Science and International Security, a think tank in Washington. "It is making it harder for countries to hide even small efforts." Egypt's alleged nuclear experiments -- which diplomats say mostly took place before 1982, although some may have been conducted later -- involved making uranium metal and carrying out the first steps of uranium enrichment by making uranium tetrafluoride, or UF4. Although these activities could be pointers to a nuclear program, nonproliferation officials say they see no evidence of this. "Our people have concluded that this is more likely the result of sloppiness in reporting" the enrichment activities than deliberate "concealment" of nuclear activities, a senior Western diplomat in Vienna close to the IAEA said. Enriching uranium is allowed under the 1970 Nuclear Nonproliferation Treaty as long as it is reported to the IAEA and open to inspections to assure it is for peaceful purposes. Egypt ratified the treaty in 1981, pledging to forgo nuclear weapons and provide the IAEA with a declaration of past nuclear work. Diplomats say the undeclared experiments were minor compared with those of Iran, which concealed a massive uranium enrichment program from the IAEA for nearly two decades and which Washington believes is trying to develop nuclear weapons. Egypt has denied developing nuclear weapons and is cooperating with the agency, but IAEA officials say they are nevertheless determined to look thoroughly into the matter, as well as any others that emerge as new information comes to light. "The strengthened safeguards regime we now have in place has allowed us to pick up evidence of past technical failures," the senior Western diplomat close to the IAEA said. "These skeletons in the closet are from a time and place when the safeguards culture was different." The changes at the agency can be traced back to the aftermath of the 1991 Persian Gulf War, when weapons inspectors learned that Iraq had managed to develop a fairly advanced covert nuclear weapons program despite being subject to IAEA monitoring and inspections. That alarming discovery led nonproliferation officials to conclude that the provisions of the Nuclear Nonproliferation Treaty were insufficient. The treaty allows only the five declared nuclear powers -- the United States, Russia, China, France, and Great Britain -- to possess atomic weapons. All other signatories must submit their nuclear programs to IAEA inspections to assure they are exclusively for peaceful purposes. The inspections, however, could take place only at declared nuclear sites, meaning that countries could potentially conduct secret and illegal atomic weapons research elsewhere with minimal fear of detection. Following the discoveries in Iraq, IAEA officials pushed for a treaty amendment, "Additional Protocol," that provides for tougher snap inspections not limited to declared nuclear facilities. Additionally, the agency's safeguards department, which runs inspections, began to employ more sophisticated inspection measures and more active investigative and detection techniques to try to uncover undeclared nuclear activities. "Our inspectors were bean counters before with no obligation or authority to look beyond the beans," the senior Western diplomat in Vienna said. "Now countries need to account for every gram of nuclear material and for their plans into the future. The information is voluminous." The most extensive, and alarming, unauthorized nuclear activity the IAEA has uncovered involves Iran, which admitted in October 2003 to conducting 18 years of covert atomic experiments. To avoid being reported to the UN Security Council, Iran pledged in November to suspend uranium enrichment activities and to open up its nuclear facilities to stringent inspections. In December 2003, Libya admitted to harboring a secret nuclear weapons program, and agreed to dismantle it under supervision of the UN nuclear agency. Brazil says it is producing enriched uranium for peaceful purposes, but secrecy regarding its nuclear capabilities has alarmed nuclear-control advocates. Following an IAEA investigation, South Korea admitted in September that its scientists conducted unauthorized tests to extract plutonium in 1982 and experimented with enriching uranium in 2000 -- two potential pointers to a nuclear weapons program. Seoul, which says it has no intention of building nuclear weapons, said researchers carried out the experiments without the government's consent and it vowed full cooperation with the agency. In November, the IAEA's board of governors rebuked South Korea, although it stopped short of reporting them to the UN Security Council for possible sanctions. North Korea, meanwhile, has refused to return to six-country talks on dismantling its nuclear program unless Washington drops what Pyongyang calls a "hostile policy." "The rules of discovery have changed and more things are coming out," said Stephen P. Cohen, a senior fellow at the Brookings Institution specializing in foreign policy and proliferation issues. "Are there things that even this better investigative process have not revealed? We don't know," Cohen added. "In cases where there is a clear motive and suspicious activities we should be concerned." Despite the recent successes, many officials say they would still like to see the Nuclear Nonproliferation Treaty strengthened. IAEA chief Mohammed ElBaradei, for example, has repeatedly called to have the nuclear fuel cycle placed under international control to prevent further proliferation. On Friday, ElBaradei called on countries to freeze building facilities for uranium enrichment for five years. "We have enough capacity in the world for enrichment or reprocessing," he said in remarks published by the Japanese daily newspaper Asahi Shimbun. Monika Szymurska Abolition 2000 Outreach and Development Coordinator 215 Lexington Avenue, Suite 1001 New York, NY 10016 e-mail: mszymurska@gracelinks.org tel: (212) 726-9161 fax: (212) 726-9160 www.gracelinks.org www.abolition2000.org www.abolitionnow.org _______________________________________________________________________ Subscribe/Unsubscribe Here: http://www.energyjustice.net/nukenet/ Change your settings or access the archives at: http://energyjustice.net/mailman/listinfo/nukenet_energyjustice.net ***************************************************************** 11 Taipei Times: Lee Yuan-tseh turns to environmental sustainability [http://www.taipeitimes.com] Tue, Jan 11, 2005 Lee Yuan-tseh turns to environmental sustainability EFFICIENCY: He may be best known for hobnobbing with world leaders, but the Academia Sinica president is just as concerned about energy and the environment By Chiu Yu-Tzu STAFF REPORTER Tuesday, Jan 11, 2005,Page 3 Academia Sinica President Lee Yuan-tseh's (§õ»·­õ) latest mission representing the government at US President George W. Bush's inauguration on Jan. 20 is proof again that key roles promoting Taiwan on the international stage can best be played by him. Lee, who received the Nobel Prize for chemistry in 1986, has served as Taiwan's representative at the APEC summit three times due to his prestige and ability to win trust and respect from other countries' leaders. But the 68-year-old leader of Taiwan's scientific community is having more to say about what society must do next to ensure a sustainable future. "Taiwanese people have to be thoroughly aware of the importance of energy efficiency. If not, we will see an energy crisis here within two decades," Lee said. "In the past five years, the level of Taiwan's carbon-dioxide emissions has increased." Lee said energy policies relating to state corporations such as Chinese Petroleum Corp and Taipower should be revised so that an up-to-date perspective can be adopted. "For example, halting new power-plant projects for the sake of energy conservation ... might be criticized as having a negative economic impact on state corporations," Lee said. Lee believes that promotion of energy conservation should be a top national priority because it might take a long time before a breakthrough is made in research on renewable energy. He said that the emphasis placed on sustainable development by the rest of the world has promoted energy-conservation measures, such as efficient heating, cooling and lighting, which saves not only natural resources but also money. "Industry should be acutely responsive to such global trends, too," he said. Citing the Chinese Petroleum Corp, whose annual budget is about NT$50 billion, as an example, Lee said if one-tenth of that budget could be used for education, then sustainability could be significantly advanced. Lee said Taiwan needs to adopt better policies to deal with issues of climate change, such as global warming, which carbon dioxide emissions mainly exacerbate. "In terms of global warming, the adoption of nuclear-power generation should be the way to go for Taiwan. We have to make the best use of existing nuclear-power plants rather than advance their scheduled dates for decommission," Lee said. Lee's position is obviously not consistent with the Cabinet's "nuclear-free homeland" policy, which seeks to decommission each of the three nuclear power plants now operating seven years early -- in 2011, 2014 and 2017, respectively. The expected 40-year life of each plant will be shortened to 33 years. "This is not energy-efficient at all. In addition, the completion of the Fourth Nuclear Power Plant now under construction should be guaranteed. It must also be fully utilized," he said. Lee said that in the next 30 years, energy consumption must be cut by at least one-fourth to ease the pressure on the planet. To curb carbon-dioxide emissions, he predicted nuclear power plants would become more prevalent in China and Korea. "Abnormal weather patterns have been observed in many places. In Taiwan, we've experienced heavy rainfalls, typhoons and unexpected droughts in the last few years. It's wrong if we keep ruling out nuclear power plants and rely on electricity converted from fossil fuels," he said. People must change their ways, too, Lee said. Introducing energy-efficient hybrid vehicles powered by a combination of gas and electricity may become an issue of some urgency. Lee said that regulations for hybrid vehicles, which have much higher energy efficiency and have significantly lower emissions than traditional cars, should be introduced as soon as possible. Since the industrial revolution in the 19th century, humans have taken advantage of fossil fuels to replace labor, thus increasing productivity. "Such practices degrade the planet's biosphere. In the past, humans took what they needed without compromising the planet's capacity to sustain it. But since then, the planet's resources have become limited," he said. Lee said one phenomenon worrying him was how many developing countries were blindly following the development models used by advanced countries. "Looking at the recent rapid developments in India, China and other developing countries, we do have to worry about the limit on resources. This is not the way for the planet to go," Lee said. "We are in transition. If we don't come up with wise strategies for using energy, future generations will write our stupidity into their history books," Lee said. This story has been viewed 466 times. Copyright © 1999-2005 The Taipei Times. All rights reserved. ***************************************************************** 12 Daily Yomiuri: Huge CO2 emission cuts proposed Yomiuri Shimbun The government is to propose a massive reduction in carbon dioxide emissions in advanced nations to levels one-fourth of those in 2002 by 2050, government sources said Tuesday. The proposal will be made in the government's long-term energy policy outlines to be compiled later this year. The government has set 2050 and 2100 as target years for reductions in emissions, to arrest global warming and deal with the depletion of oil and other fossil fuels . In order to control global warming, the government will propose a reduction by 2050 of CO2 emissions in advanced nations to 3.1 billion tons, one-fourth of 2002 levels, and by 2100 to 600 million tons, one-twentieth of 2002 levels. According to the sources, the government is to announce interim policy outlines soon and to finalize them in August. The outlines split energy consumption into four areas: industry, household and other civil use, transportation, and electrical power. According to the yet-to-be-published outlines, within the categories, oil consumption in all areas except for transportation will be almost zero by 2050. By 2100, although natural gas will remain as an energy source for industry and transport, most energy consumption will be met by renewable energy sources such as nuclear power, hydrogen energy and solar energy. To achieve these goals, the government proposes that the nation engage in research and development of new technologies in three areas--nuclear power, including establishing reprocessing of nuclear fuel and total control over the nuclear fuel cycle; carbon sequestration technology to place CO2 underground, and developing renewable energy sources such as hydrogen or solar power as well as energy-saving technology. The nuclear fuel cycle refers to reprocessing of spent nuclear fuel so it can be reused and made less hazardous. Spent nuclear fuel has been shipped to Europe for reprocessing or stored around the country. The government hopes that current technological developments can be extended in the future and these will have the potential to provide energy that can overcome environmental problems and depleting energy resources. However, the outlines point out that developing other new technologies, such as hydrogen power, should be promoted simultaneously, since public acceptance of full-scale nuclear power operations is uncertain due to safety concerns, such as the handling of radioactive waste. Copyright 2005 The Yomiuri Shimbun ***************************************************************** 13 [NukeNet] 3 articles on Hope Creek re-start Date: Tue, 11 Jan 2005 14:58:47 -0800 NukeNet Anti-Nuclear Network (nukenet@energyjustice.net) January 11, 2005 Hope Creek reactor gets NRC restart approval By JEROME MONTES Staff Writer, (856) 794-5115 The Nuclear Regulatory Commission on Monday said the idle Hope Creek nuclear reactor can be safely operated without the repairs sought by the facility's many critics, including state Department of Environmental Protection Commissioner Bradley M. Campbell. Hope Creek is one of three reactors on Salem County's Artificial Island in Lower Alloways Creek Township owned by Newark-based Public Service Enterprise Group. A bowed shaft in one of the facility's water recirculation pumps became the subject of public controversy shortly after a steam leak forced Hope Creek's shutdown Oct. 10. Critics of the facility have said the shaft's vibrations could produce a break in the pump that provides coolant to the reactor's core. In a worst-case scenario that could lead to a melt- down, they said. For nearly two months, nuclear watchdog groups called for the pump's replacement. In late December, Campbell issued a statement urging federal officials to order PSEG to make the repairs before a Hope Creek restart. PSEG contended Hope Creek could operate safely without replacing the pump until the facility's next refueling and maintenance outage sometime in 2006. The NRC said Monday it agreed with PSEG's assessment but ordered the company to meet certain operating conditions. NRC spokesman Neil Sheehan said PSEG would be required to continuously monitor the pump and take corrective action if the pump's condition degraded past specific safety thresholds. "If there was an abnormal incident they would have to shut down the reactor and troubleshoot the problem," Sheehan said. Campbell said he would have preferred the pump be replaced, but added the NRC's measures will protect the public if the pump begins to fail. "If those measures are faithfully implemented they should be adequate to protect public safety," Campbell said. "We'll be very closely monitoring the situation to make sure the measures are implemented faithfully." Other critics weren't happy with the decision. They said PSEG's past safety record does not inspire confidence. "NRC should be ashamed, but they're not," said Norm Cohen, coordinator for the nuclear watchdog coalition Unplug Salem. Cohen urged other opponents to protest the decision at a public meeting scheduled on Hope Creek for Wednesday in Swedesboro. Nuclear safety engineer David Lochbaum, of the Washington-based Union of Concerned Scientists, said he agreed the pump could be operated safely if monitored properly. "But the key word is 'properly,'" Lochbaum said. "Monitoring can be difficult and it's a question of whether PSEG is up to the task." PSEG has agreed to wait until after the public meeting to restart the reactor, although regulators admit the company does not need official approval for the restart. Company officials said they were pleased with the NRC's decision and looked forward to a restart in the near future. The Newark company is in the midst of a merger with the Chicago-based Exelon Corp. that would create the nation's largest operator of nuclear power plants. Company officials have said the merger will make the Salem plants safer and more profitable. Lochbaum, a onetime Hope Creek consultant, said Exelon has had its own safety problems. But he also said that other nuclear power companies have used the Chicago entity as a benchmark for performance. "They've had some good success and people do try to capture that," Lochbaum said. "Very few people use PSEG as a benchmark." The public meeting is scheduled to begin 7 p.m. Wednesday at the Holiday Inn Select Bridgeport located off Interstate 295 in Swedesboro. The Associated Press contributed to this report To e-mail Jerome Montes at The Press: JMontes@pressofac.com http://www.delawareonline.com/newsjournal/local/2005/01/11nukeplanttorest.html Nuke plant to restart without overhaul Broken pipe released radioactive steam in October; monitors increased By JEFF MONTGOMERY / The News Journal 01/11/2005 Federal regulators gave PSEG Nuclear the OK on Monday to restart the Hope Creek nuclear plant over the objections of critics who wanted equipment and management overhauls before the plant returns to service. The Nuclear Regulatory Commission's approval requires PSEG to install and maintain extra monitors on a reactor cooling-water pump prone to vibrate. PSEG also must shut the plant down promptly if signs of trouble develop. Utility managers agreed to replace key parts of the more than 100 million-pound-per-hour pump system during Hope Creek's next shutdown for refueling in 18 to 24 months, or "sooner if an outage of a sufficient duration occurs before the next scheduled refueling." "I'm not comfortable with the decision," said David Lochbaum, a nuclear engineer with the Union of Concerned Scientists, a nonprofit environmental and scientific organization. "We're disappointed. We think the right thing to do would have been to replace the pump shaft." Commission investigators said system checks proposed by PSEG provide "reasonable assurance" that plant operators can detect signs of an imminent pump failure in time to shut the operation down safely. "They're going to have to do continuous monitoring and more sophisticated monitoring," said commission spokesman Neil Sheehan. "If they see any abnormal indications involving the pump, they'll have to shut down." PSEG said in a prepared statement that the company was pleased with the commission's ruling and plans to restart Hope Creek shortly after a public meeting in Swedesboro, N.J., on Wednesday. Company Chief Nuclear Officer A. Christopher Bakken late last year said PSEG considered the restart a "business risk" rather than a safety concern. He estimated the cost of the pump overhaul at $7 million to $8 million, a fraction of the $60 million to $70 million spent on refueling and maintenance late last year. 'Safety walks' "NRC should be ashamed, but they're not," said Neil Cohen, who directs the group UNPLUG Salem. "PSEG is putting us at risk for $7 million. I don't see the logic. I think it comes down to money talks and safety walks." Hope Creek stopped making electricity Oct. 10 after a broken steam pipe released slightly radioactive steam into the environment. Maintenance problems and operator errors complicated efforts to remove the reactor core from service, investigators concluded. After the accident, utility critics stepped up pressure on regulators to investigate problems in a 20-foot-tall pump that circulates cooling water inside Hope Creek's reactor core. Bearings in the pump fail more often than those on a companion unit, and vibrations have caused minor damage to other equipment in the reactor building. Commission officials plan to hold public talks with PSEG on Wednesday to review the agency's decision about the pump and findings from an investigation into the accident. Some environmental groups reported plans Monday to protest the restart approval during the meeting, scheduled for 7 p.m. at the Holiday Inn Select, off Exit 10 of I-295 in Swedesboro. Sens. Joe Biden and Tom Carper, both Democrats, and Republican Rep. Mike Castle said they are reviewing the regulatory commission findings. "Based on the limited information provided to us in the letters today, we still have a number of questions and concerns that we will raise with the NRC," the three lawmakers said in a joint statement. Concerns cited by the delegation include the safety of the pump, the Oct. 10 accident and federal oversight. New Jersey's top environmental regulator and other community groups also had urged the NRC to bar PSEG from restarting the 1,100-megawatt plant until it overhauls the system. NRC officials have authority to block the restart, but until Monday had not placed new formal restrictions on the Hope Creek operation. In mid-December, an agency official said that regulators expect that "the right actions will be taken to ensure the plant can operate safely over the next cycle." Lochbaum said he was concerned about reports of problems in other safety-related equipment, detected by PSEG and the NRC only after workers had problems shutting down the plant Oct. 10. What went wrong? A commission investigation of the Oct. 10 accident found that plant employees failed to recognize problems likely to result from a deteriorating valve in a part of the plant that returns steam and water to the reactor core. A broken pipe support had knocked open a line that left the valve stuck open, allowing see-saw pressure swings that eventually sheared an 8-inch steam line. "Although the plant is designed to protect the public in event of a pipe break, that intended protection was degraded by a long list of PSEG errors," Lochbaum said. Maintenance and operator errors hampered use of two cooling-water control systems after the pipe break, prolonging shutdown efforts and leading to wide swings in cooling water levels above the reactor core. Commission officials said water levels in the core never fell below minimum safety requirements. Exelon Nuclear spokesman Pete Resler said the he was unable to comment. Chicago-based Exelon is due to begin operating Hope Creek and the Salem units under contract next week in advance of a $12 billion merger with PSEG. Contact Jeff Montgomery at (302) 678-4277 or jmontgomery@delawareonline.com. NRC: Safe to restart Hope Creek Tuesday, January 11, 2005 By BILL GALLO JR. Staff Writer LOWER ALLOWAYS CREEK TWP. -- Operators of the Hope Creek nuclear reactor can restart the plant without repairing a key pump at the facility, the Nuclear Regulatory Commission said Monday. The NRC, after an extensive review, concurred with PSEG Nuclear's conclusion that the "B" recirculation pump at the plant would be safe to keep in service despite vibrations it produces when operating. The pump is one of two key pumps that recirculate cooling water in the nuclear reactor. The NRC cautioned, however, that the utility must keep a close eye on the pump once the plant is brought back on line. The federal agency said it was allowing the plant to operate "provided that PSEG implements commitments to closely monitor the pump for vibrations throughout the cycle and to respond promptly to any evidence that its performance may be degrading." The plant at the Artificial Island generating complex has been shut down since Oct. 10 when a pipe ruptured. After the pipe broke, PSEG Nuclear officials began an investigation and also decided to begin a refueling outage at the reactor earlier than previously scheduled. During this time concern about the recirculation pump's vibrations came into the spotlight and calls for its repairs grew. On Monday the NRC gave its blessing for the plant to be restarted with work being done on the pump. "After a careful and thorough review, including analysis by the NRC's Office of Nuclear Reactor Regulation, the NRC concludes that the Hope Creek nuclear plant can operate safely without replacing the pump until its next refueling and maintenance outage," NRC Region I Administrator Samuel J. Collins said. "That conclusion, however, is contingent on requirements agreed to by the company that rigorous and continuous monitoring be maintained of pump parameters, including vibration levels, so that prompt actions can be taken should there be abnormal indications." The vibrations in the pump are believed to be caused by a bent or damaged shaft. A study commissioned by PSEG Nuclear had concluded that the plant would be safe to operate until it is shut down for its next refueling outage. That outage will come in about a year and a half from now. "We are pleased the NRC concurs with our assessment that Hope Creek is safe to operate without replacing the "B" recirculation pump shaft until the next refueling outage." Bakken, in a statement released Monday, said the utility had made several commitments in writing to the NRC regarding the pump. "Those commitments include setting up a vibration-monitoring program to continuously monitor the recirculation pump, taking specific actions to be based on the vibration data, and making a commitment to change out the pump shaft during the next refueling outage or sooner if an outage of a sufficient duration occurs before the next scheduled refueling." When the reactor would be restarted was unclear. However, the utility and the NRC had agreed to meet and discuss issues about Hope Creek before the plant went back online. That meeting is scheduled for Wednesday night. Officials had earlier estimated that replacing the huge pump would cost about $7 million. They said, however, that money was not the issue and they believed the plant could be operated safely with the same pump in place. While the utility was happy with the NRC's conclusion, nuclear watchdog groups and others were not. New Jersey Environmental Protection Commissioner Bradley M. Campbell last month wrote to the NRC asking the federal agency to force the owner of the plant to replace the part. On Monday Campbell said the monitoring requirement ensures the plant would have to stop running before the pump could cause a major problem, though he would have preferred seeing PSEG replace the pump now. "We think we succeeded in getting them to take our concerns seriously and put in place measures that will reduce risks and enhance safety," Campbell said. By not requiring PSEG to repair or replace the pump, "the NRC is 'giving the shaft' to the residents of South Jersey and Delaware," said Norm Cohen, coordinator of the Unplug Salem Campaign, an anti-nuclear group. "Had PSEG started the work right after the steam leak and shutdown in October, they'd be done by now. We feel it is more important that South Jersey be safe, as opposed to allowing PSEG to put off spending $7 million for 18 months. The NRC should be ashamed." The NRC Monday also addressed the pipe that ruptured and initially caused PSEG Nuclear to shut down Hope Creek. The agency had sent in a special inspection team to investigate the pipe's breaking and had concluded that a degraded level control valve for the moisture separator drain tank had not been repaired. Problems with the valve had caused steam to enter into a pipe that was supposed to carry only water. The NRC concluded that the mixture of steam and water had caused such turbulence that the pipe ruptured. When it did it released the mildly radioactive steam and water. PSEG, in a preliminary investigation, had also determined that a support arm that was supposed to be attached to the ceiling and the pipe was missing. The discussion of the equipment issues comes as PSEG Nuclear's parent company, Newark-based Public Service Enterprise Group, is being merged with Chicago-based Exelon Corporation. It was announced in December that Exelon was buying PSEG for $12 billion. One of the major changes already announced that Exelon was ending a team of its nuclear specialists to the Island Jan. 17 to oversee operations. One of the major staff changes is Bakken's replacement as chief nuclear officer by Bill Levis. Once the deal is OK'd by regulators, Exelon will acquire Hope Creek along with its two sister plants at the Island -- Salem 1 and Salem 2. That will give Exelon 20 plants in its nuclear fleet, making it the largest nuclear plant operator in the U.S. The pump and other issues relating to Hope Creek will be the subject of a public hearing Wednesday night in Logan Township between the NRC and the utility. The meeting, beginning at 7 p.m., will be held at the Holiday Inn Select, just off Exit 10 of Interstate 295. The public will be allowed to observe the meeting and offer their comments after the session between the utility and the NRC has concluded. -- The Associated Press contributed to this article. Copyright 2005 NJ.com. All Rights Reserved. -- Coalition for Peace and Justice UNPLUG Salem Campaign; 321 Barr Ave, Linwood NJ 08221; 609-601-8583; cell 609-742-0982 ncohen12@comcast.net; http://www.unplugsalem.org http://www.coalitionforpeaceandjustice.org "Life is a jelly donut. You don't really know what its about until you bite into it. Then, just when you decide its good, you drop a big glob of jelly on your best t-shirt." Janet Evanovich -- No virus found in this outgoing message. Checked by AVG Anti-Virus. Version: 7.0.300 / Virus Database: 265.6.9 - Release Date: 1/6/05 _______________________________________________________________________ Subscribe/Unsubscribe Here: http://www.energyjustice.net/nukenet/ Change your settings or access the archives at: http://energyjustice.net/mailman/listinfo/nukenet_energyjustice.net ***************************************************************** 14 NRC: Sacramento Municipal Utility District; Rancho Seco Independent FR Doc 05-479 [Federal Register: January 11, 2005 (Volume 70, Number 7)] [Notices] [Page 1911-1912] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr11ja05-80] Spent Fuel Storage Installation; Issuance of Environmental Assessment and Finding of No Significant Impact Regarding a Proposed Exemption and Conforming Amendment AGENCY: Nuclear Regulatory Commission. ACTION: Environmental assessment. FOR FURTHER INFORMATION CONTACT: Amy M. Snyder, Project Manager, Spent Fuel Project Office, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Telephone: (301) 415-8580; fax number: (301) 425-8555; e-mail: ams3@nrc.gov [ams3@nrc.gov] . SUPPLEMENTARY INFORMATION: The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of an exemption, pursuant to 10 CFR 72.7, from the provisions of 10 CFR 72.44(d)(3), to the Sacramento Municipal Utility District (SMUD or the licensee). The requested exemption (in conjunction with a conforming license amendment) would relieve SMUD from the requirement to submit an annual radioactive effluent report for the Rancho Seco Independent Spent Fuel Storage Installation (ISFSI). SMUD submitted the exemption request by letter dated July 19, 2004, in which it also requested an amendment to the Rancho Seco ISFSI license; specifically, the deletion of Technical Specification 5.5.2., Radiological Environmental Monitoring Program, item (d). The licensee is currently storing spent nuclear fuel at the Rancho Seco ISFSI on the site of the decommissioned Rancho Seco Nuclear Generating Station in Sacramento County, California. Environmental Assessment (EA) Identification of Proposed Action: SMUD has requested both an exemption and a conforming license amendment to obtain relief from the requirement to submit an annual radioactive effluent report for the Rancho Seco ISFSI. According to 10 CFR 72.44(d), each 10 CFR part 72 license must include technical specifications regarding radioactive effluents. Specifically, 10 CFR 72.44(d)(3) requires that an annual report be submitted to the NRC, specifying the quantity of each of the principal radionuclides released to the environment in liquid and in gaseous effluents during the previous 12 months of ISFSI operation. In addition to the regulation itself, the Rancho Seco ISFSI Technical Specifications (Appendix to License No. SNM-2510), section 5.5.2, Radiological Environmental Monitoring Program, item d., requires an annual report to be submitted pursuant to 10 CFR 72.44(d)(3). The proposed action before the NRC is whether to grant the exemption and conforming amendment. Need for the Proposed Action: The requirements of 10 CFR 72.44(d)(3) and Rancho Seco ISFSI Technical Specification 5.5.2.d. impose certain regulatory obligations, with associated costs, on the licensee. In its Safety Evaluation Report related to the ISFSI license, the staff found that there are no credible scenarios by which liquid or gaseous effluents could be released from the dry shielded canister. The licensee further stated that any concerns over small quantities of gaseous or liquid effluent that may be produced during cask loading and transfer decontamination activities are no longer relevant, since all the spent fuel has been transferred to the ISFSI, and that the NUHOMS- 24P dry cask storage system used at the Rancho Seco ISFSI is a passive system which, by design, produces no gaseous or liquid effluent. Granting the requested exemption and approving the conforming amendment will relieve the licensee from the requirement to submit an annual radioactive effluent report pursuant to 10 CFR 72.44(d)(3). The requirement to submit an annual radioactive effluent monitoring report is not needed for this facility in its current configuration and is an unnecessary administrative burden. Thus, the licensee would not have to incur the costs associated with preparing and submitting an annual ISFSI radioactive effluent report. [[Page 1912]] Environmental Impacts of the Proposed Action: The NRC has reviewed the exemption request submitted by the licensee and determined that not requiring the licensee to submit an annual report pursuant to 10 CFR 72.44(d)(3) is an administrative change and would have no significant impacts to the environment. Further, NRC has evaluated the impact to public safety that would result in granting the requested exemption. NRC determined that not requiring the licensee to submit an annual report specifying principal radionuclides released to the environment in liquid and in gaseous effluents does not impact pubic safety because the design basis for the Rancho Seco ISFSI is such that it is a passive system that generates no effluents during fuel storage. Thus, there should be no releases to the environment of either liquid or gaseous effluents from normal operations of the Rancho Seco ISFSI. The proposed actions would not increase the probability or consequences of accidents, no changes would be made to the types of effluents that may be released offsite, and there would be no increase in occupational or public radiation exposure. Therefore, there are no significant radiological environmental impacts associated with the proposed action. Additionally, the proposed action would have no significant non-radiological impacts. Alternative to the Proposed Action: As an alternative to the proposed action, the staff considered denial of the exemption and conforming amendment requests (i.e., the ``no-action'' alternative). Approval or denial of the exemption and conforming amendment requests would result in no change in the environmental impacts. Therefore, the environmental impacts of the proposed action and the alternative action are similar. Agencies and Persons Consulted: The NRC staff prepared this environmental assessment (EA); no other sources were used. On September 28, 2004, the staff contacted Mr. Steven Hsu of the California Department of Health Services, Radiologic Health Branch, and subsequently provided him a draft copy of this EA for review. The State of California responded to the NRC by e-mail on October 1, 2004, and stated it had no comments at this time on the EA or the Finding of No Significant Impact. The NRC staff has determined that consultation under Section 7 of the Endangered Species Act is not required for this specific exemption, which involves an administrative change and will not affect listed species or critical habitat. The NRC staff has also determined that the proposed action is not a type of activity having the potential to cause effects on historic properties. Therefore, no consultation is required under Section 106 of the National Historic Preservation Act. Conclusions: The staff has reviewed the exemption and conforming amendment requests submitted by SMUD and has determined that relieving the licensee from the requirement to submit an annual radioactive effluent report pursuant to 10 CFR 72.44(d)(3) and the Rancho Seco ISFSI Technical Specifications is an administrative change, and would have no significant impact on the environment. Finding of No Significant Impact The environmental impacts of the proposed action have been reviewed in accordance with the requirements set forth in 10 CFR Part 51. Based upon the foregoing EA, the NRC finds that the proposed action of granting the exemption and approving the conforming amendment to the license will not significantly impact the quality of the human environment. Accordingly, the NRC has determined that an environmental impact statement for the proposed exemption and conforming amendment is not warranted. The request for the exemption and amendment was docketed under 10 CFR Part 72, Docket 72-11. For further details with respect to this action, see the request for the exemption and proposed license amendment dated July 19, 2004. The NRC maintains an Agencywide Documents Access Management System (ADAMS), which provides text and image files of NRC's public documents. However, as of October 25, 2004, the NRC initiated an additional security review of publicly available documents to ensure that potentially sensitive information is removed from the ADAMS database accessible through the NRC's Web site. Interested members of the public should check the NRC's Web pages for updates on the availability of documents through the ADAMS system. When public availability is restored, these documents may be accessed through the NRC's Public Electronic Reading Room on the Internet at: http://www.nrc.gov/reading-rm/adams.html [http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leaving FR.html&log=linklog&to=http://www.nrc.gov/reading-rm/adams.html] . After resumption of public access to ADAMS, copies of the referenced documents will also be available for review at the NRC Public Document Room (PDR), located at 11555 Rockville Pike, Rockville, MD 20852. PDR reference staff can be contacted at 1-800-397-4209, 301-415-4737 or by e-mail to pdr@nrc.gov [pdr@nrc.gov] . The PDR reproduction contractor will copy documents for a fee. Dated at Rockville, Maryland, this 3rd day of January, 2005. For the Nuclear Regulatory Commission. Amy M. Snyder, Project Manager, Spent Fuel Project Office, Office of Nuclear Material Safety and Safeguards. [FR Doc. 05-479 Filed 1-10-05; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 15 NRC: Sunshine Act Meeting FR Doc 05-588 [Federal Register: January 11, 2005 (Volume 70, Number 7)] [Notices] [Page 1912-1913] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr11ja05-81] Agency Holding the Meetings: Nuclear Regulatory Commission. Date: Weeks of January 10, 17, 24, 31, February 7, 14, 2005. Place: Commissioners' Conference Room, 11555 Rockville Pike, Rockville, Maryland. Status: Public and closed. Matters To Be Considered: Week of January 10, 2005 Tuesday, January 11, 2005 9:30 a.m. Discussion of Security Issues (Closed--Ex. 1 & 9). Wednesday, January 12, 2005 9:30 a.m. Discussion of Security Issues (Closed--Ex. 1 & 9). Week of January 17, 2005--Tentative There are no meetings scheduled for the Week of January 17, 2005. Week of January 24, 2005--Tentative Monday, January 24, 2005 9:30 a.m. Discussion of Security Issues (Closed--Ex. 1). 1:30 p.m. Discussion of Security Issues (Closed--Ex. 1, 2, 3, & 4). Tuesday, January 25, 2005 9:30 a.m. Discussion of Security Issues (Closed--Ex. 1). Week of January 31, 2005--Tentative Thursday, February 3, 2005 9:30 a.m. Briefing on Human Capital Initiatives (Closed--Ex. 2) (Tentative). Week of February 7, 2005--Tentative There are no meetings scheduled for the Week of February 7, 2005. Week of February 14, 2005--Tentative Tuesday, February 15, 2005 9:30 a.m. Briefing on Office of Nuclear Material Safety and Safeguards Programs, Performance, and Plans--Waste Safety (Public Meeting) [[Page 1913]] (Contact: Jessica Shin, (301) 415-8117). This meeting will be webcast live at the Web address http://www.nrc.gov [http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leaving FR.html&log=linklog&to=http://www.nrc.gov] . 1:30 p.m. Briefing on Emergency Preparedness Program Initiatives (Closed--Ex. 1). *The schedule for Commission meetings is subject to change on short notice. To verify the status of meetings call (recording)-- (301) 415-1292. Contact person for more information: Dave Gamberoni, (301) 415-1651. * * * * * Additional Information: By a vote of 3-0 on December 30, 2004, the Commission determined pursuant to U.S.C. 552b(e) and Sec. 9.107(a) of the Commission's rules that ``Affirmation of Motion by Rene Chun for `Clarification and Amendment' of CLI-04-34'' be held January 5, 2005, and on less than one week's notice to the public. * * * * * The NRC Commission Meeting Schedule can be found on the Internet at: http://www.nrc.gov/what-we-do/policy-making/schedule.html [http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leaving FR.html&log=linklog&to=http://www.nrc.gov/what-we-do/policy-makin g/schedule.html] . * * * * * The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings, or need this meeting notice or the transcript or other information from the public meetings in another format (e.g., braille, large print), please notify the NRC's Disability Program Coordinator, August Spector, at (301) 415-7080, TDD: (301) 415- 2100, or by e-mail at aks@nrc.gov [aks@nrc.gov] . Determinations on requests for reasonable accommodation will be made on a case-by-case basis. * * * * * This notice is distributed by mail to several hundred subscribers; if you no longer wish to receive it, or would like to be added to the distribution, please contact the Office of the Secretary, Washington, DC 20555 ((301) 415-1969). In addition, distribution of this meeting notice over the Internet system is available. If you are interested in receiving this Commission meeting schedule electronically, please send an electronic message to dkw@nrc.gov [dkw@nrc.gov] . Dated: January 6, 2005. Dave Gamberoni, Office of the Secretary. [FR Doc. 05-588 Filed 1-7-05; 9:21 am] BILLING CODE 7590-01-M ***************************************************************** 16 AP Wire: Officials study how contamination left Oconee Nuclear Station | 01/10/2005 | www.thestate.com Associated Press SENECA, S.C. - Nuclear officials say the discovery of low-level contamination on metal heavy-lifting equipment that had left Oconee Nuclear Station is an anomaly and does not pose a major safety concern, but environmentalists still are worried. Workers at a nuclear plant in Arkansas and a contractor in Texas found the contamination on the equipment used to replace the steam generator in the plant's Unit 3 during a maintenance and refueling outage. The work marked the end of a process to replace 30-year-old steam generators and reactor heads on all three units at the plant near Seneca. The contamination that left the nuclear plant on the equipment was "substantially less than what is found in a home smoke detector," and "posed no danger to workers or the public," said Dayle Stewart, spokeswoman for Oconee Nuclear Station. Ken Clark, a spokesman for the Nuclear Regulatory Commission, said this kind of thing "happens from time to time" and "is not a major health or safety concern." The commission is "doing whatever is possible to keep this type of thing from happening," Clark said. "We try to keep exposure from all nuclear facilities as low as is reasonably achievable." Oconee has specific procedures to check that items leaving the plant are clean. "We take it very seriously and are doing a detailed investigation of our processes to insure that this does not occur again in the future," Stewart said. The incident at the Oconee plant has happened at other reactors doing these kinds of major repairs, said Michael Mariotte, executive director of the Washington D.C.-based Nuclear Information Resource Service. Mariotte is concerned that similar kinds of major repairs are taking place on the nation's aging fleet of reactors. "Radioactive materials need extra protection and extra care in handling. They need to be moved as little as possible because when you move things the risks increase," Mariotte said. The three reactors at Oconee first went online in the early and mid-1970s. The old steam generators at Oconee remain onsite in a specially designed building, along with other large components recently replaced. Oconee has elaborate controls in place to prevent release of any radioactive material, Stewart said. There is no fuel in reactors during outages, she said. Before workers go into the containment building, the air inside is purged through a filtration system. Throughout the outage all outgoing air runs through the filters. Any radioactive materials in the air are removed by the filtration system, Stewart said. Air is sampled inside and outside of the containment building throughout the outage, she said. At the beginning of the outage, a crew goes into the building to remove loose contamination. The water used to clean the building is collected by sumps and processed to remove the contamination, which is handled as low-level radioactive waste. The waste is secured in the protected area until it is taken to Barnwell, South Carolina's low-level radioactive waste site. Once the reactor head is removed, fuel is transferred to the spent fuel pool, Stewart said. The fuel is transferred through water-filled canals that serve as a radiation barrier. There's still fixed contamination in the building and the possibility of loose contamination. Workers who leave a radiation-controlled area must remove their protective clothing and go through radiation monitoring equipment. Equipment also is surveyed by radiation technicians before leaving the area. "We've got these elaborate radiological controls in place. The event where the equipment left the site with extremely low-level contamination is an anomaly," Stewart said. --- Information from: The Greenville News, http://www.greenvillenews.com [http://www.greenvillenews.com] ***************************************************************** 17 AP Wire: Group wants Duke's plan to use fuel at nuclear plant made public | 01/11/2005 | www.thestate.com Associated Press CHARLOTTE, N.C. - A group challenging Duke Energy's plan to test fuel containing a small amount of weapons-grade plutonium has focused attention on the public's ability to assess the security of nuclear power plants. Charlotte-based Duke plans to begin tests this spring of mixed-oxide, which contains weapons-grade plutonium, at its Catawba nuclear plant on Lake Wylie in York County, S.C. In theory, terrorists could sabotage or steal plutonium once meant to detonate nuclear weapons. The Blue Ridge Environmental Defense League believes MOX fuel is dangerous and wants to stop the tests. But the group has been denied access to the Nuclear Regulatory Commission documents that Blue Ridge claims could prove that Duke's security measures aren't adequate. Blue Ridge argues that Duke should not be granted the exemptions it has requested from some security measures for protecting the MOX test fuel. Those measures, such as maintaining a tactical response team and erecting additional physical barriers, are tailored for facilities that handle plutonium. Duke says the safeguards it already has in place perform the same functions. A hearing on Blue Ridge's security claims was to begin Tuesday at NRC headquarters in Rockville, Md. It's closed to the public. In May, the NRC staff found that Duke has toughened its security to protect the MOX fuel. The exemptions Duke seeks are legal and won't pose undue risks to public safety, the staff said. The commission has allowed Blue Ridge's attorney and technical expert, who have low-level security clearances, access to some material on condition they don't divulge the information. But the NRC ruled that the group can't see the details - such as the size, training and weaponry of an attacking force - of the terrorism that plutonium-handling facilities are expected to thwart. Without that information, the group says, it doesn't know what security standard the NRC expects Duke to attain. "In effect, the commission has tied one hand behind our backs," said Diane Curran, Blue Ridge's Washington attorney. Duke says Blue Ridge has been granted extraordinary access to sensitive information, and is grasping at straws to derail the project. "It fundamentally gets back to the point that they have no case," said Steve Nesbit, Duke's MOX project manager, "and when they have no case they're going to complain about the process." So far, the NRC and its staff have seemed to agree. MOX fuel is a joint U.S.-Russia effort to reduce the amount of weapons-grade plutonium stored globally. The fuel blends plutonium with enriched uranium, the usual fuel for nuclear power plants. Duke expects to save money on government-subsidized fuel and is the only U.S. utility thus far to agree to use MOX. --- Information from: The Charlotte Observer, http://www.charlotte.com/mld/charlotte/ [http://www.charlotte.com/mld/charlotte/] ***************************************************************** 18 News Journal: Nuke plant to restart without overhaul www.delawareonline.com Broken pipe released radioactive steam in October; monitors increased By JEFF MONTGOMERY / The News Journal 01/11/2005 Federal regulators gave PSEG Nuclear the OK on Monday to restart the Hope Creek nuclear plant over the objections of critics who wanted equipment and management overhauls before the plant returns to service. The Nuclear Regulatory Commission's approval requires PSEG to install and maintain extra monitors on a reactor cooling-water pump prone to vibrate. PSEG also must shut the plant down promptly if signs of trouble develop. Utility managers agreed to replace key parts of the more than 100 million-pound-per-hour pump system during Hope Creek's next shutdown for refueling in 18 to 24 months, or "sooner if an outage of a sufficient duration occurs before the next scheduled refueling." "I'm not comfortable with the decision," said David Lochbaum, a nuclear engineer with the Union of Concerned Scientists, a nonprofit environmental and scientific organization. "We're disappointed. We think the right thing to do would have been to replace the pump shaft." Commission investigators said system checks proposed by PSEG provide "reasonable assurance" that plant operators can detect signs of an imminent pump failure in time to shut the operation down safely. "They're going to have to do continuous monitoring and more sophisticated monitoring," said commission spokesman Neil Sheehan. "If they see any abnormal indications involving the pump, they'll have to shut down." PSEG said in a prepared statement that the company was pleased with the commission's ruling and plans to restart Hope Creek shortly after a public meeting in Swedesboro, N.J., on Wednesday. Company Chief Nuclear Officer A. Christopher Bakken late last year said PSEG considered the restart a "business risk" rather than a safety concern. He estimated the cost of the pump overhaul at $7 million to $8 million, a fraction of the $60 million to $70 million spent on refueling and maintenance late last year. 'Safety walks' "NRC should be ashamed, but they're not," said Neil Cohen, who directs the group UNPLUG Salem. "PSEG is putting us at risk for $7 million. I don't see the logic. I think it comes down to money talks and safety walks." Hope Creek stopped making electricity Oct. 10 after a broken steam pipe released slightly radioactive steam into the environment. Maintenance problems and operator errors complicated efforts to remove the reactor core from service, investigators concluded. After the accident, utility critics stepped up pressure on regulators to investigate problems in a 20-foot-tall pump that circulates cooling water inside Hope Creek's reactor core. Bearings in the pump fail more often than those on a companion unit, and vibrations have caused minor damage to other equipment in the reactor building. Commission officials plan to hold public talks with PSEG on Wednesday to review the agency's decision about the pump and findings from an investigation into the accident. Some environmental groups reported plans Monday to protest the restart approval during the meeting, scheduled for 7 p.m. at the Holiday Inn Select, off Exit 10 of I-295 in Swedesboro. Sens. Joe Biden and Tom Carper, both Democrats, and Republican Rep. Mike Castle said they are reviewing the regulatory commission findings. "Based on the limited information provided to us in the letters today, we still have a number of questions and concerns that we will raise with the NRC," the three lawmakers said in a joint statement. Concerns cited by the delegation include the safety of the pump, the Oct. 10 accident and federal oversight. New Jersey's top environmental regulator and other community groups also had urged the NRC to bar PSEG from restarting the 1,100-megawatt plant until it overhauls the system. NRC officials have authority to block the restart, but until Monday had not placed new formal restrictions on the Hope Creek operation. In mid-December, an agency official said that regulators expect that "the right actions will be taken to ensure the plant can operate safely over the next cycle." Lochbaum said he was concerned about reports of problems in other safety-related equipment, detected by PSEG and the NRC only after workers had problems shutting down the plant Oct. 10. What went wrong? A commission investigation of the Oct. 10 accident found that plant employees failed to recognize problems likely to result from a deteriorating valve in a part of the plant that returns steam and water to the reactor core. A broken pipe support had knocked open a line that left the valve stuck open, allowing see-saw pressure swings that eventually sheared an 8-inch steam line. "Although the plant is designed to protect the public in event of a pipe break, that intended protection was degraded by a long list of PSEG errors," Lochbaum said. Maintenance and operator errors hampered use of two cooling-water control systems after the pipe break, prolonging shutdown efforts and leading to wide swings in cooling water levels above the reactor core. Commission officials said water levels in the core never fell below minimum safety requirements. Exelon Nuclear spokesman Pete Resler said the he was unable to comment. Chicago-based Exelon is due to begin operating Hope Creek and the Salem units under contract next week in advance of a $12 billion merger with PSEG. Contact Jeff Montgomery at (302) 678-4277 or jmontgomery@delawareonline.com. [jmontgomery@delawareonline.com] IF YOU GO WHAT: Meeting to review Nuclear Regulatory Commission decision to restart Hope Creek nuclear power plan WHEN: 7 p.m. Wednesday WHERE: Holiday Inn Select, off I-295, exit 10, Swedesboro, N.J. ***************************************************************** 19 Taipei Times: Government still committed to end of nuclear power [http://www.taipeitimes.com] Tue, Jan 11, 2005 Government still committed to end of nuclear power UNWAVERING: A Cabinet spokesman denied a report that it was backing away from a pledge to phase out the nation's nuclear energy in 40 years By Ko Shu-ling and Jewel Huang STAFF REPORTERS Tuesday, Jan 11, 2005,Page 3 The Executive Yuan yesterday repeated its resolve to pursue a nuclear-free homeland and said that its plan to phase out the nation's three nuclear power plants in 40 years remains unchanged. Cabinet Spokesman Chen Chi-mai (³¯¨äÁÚ) denied a report that the government planned to extend the service of the nation's three operational nuclear power plants from 40 to 60 years, and repeated the government's support for legislation that would formalize the goal of attaining a nuclear-free homeland. "While our determination to achieve the ultimate goal of a nuclear-free homeland remains unchanged, we hope the legislature passes the draft bill promoting a nuclear-free home as soon as possible, Chen said. The Executive Yuan approved the draft bill of the promotion of a nuclear-free home in May 2003. The bill would ban the development of nuclear weapons, gradually phase out the use of nuclear power and boost the use of renewable energy to meet future needs. Under an action plan mapped out by the Cabinet's Council for the Promotion of a Nuclear-free Home, the Executive Yuan would inject NT$3 billion a year to reach the goals set down in the bill. The Cabinet hopes to see 10 percent of the nation's power generated by renewable-energy sources by 2010 and 12 percent by 2020. The Cabinet also hopes to see the annual production value of the clean-energy industry increase from NT$1.5 billion to NT$10 billion. The action plan seeks to ease regulations on land acquisition for wind-power plants to boost the development of renewable energy. Democratic Progressive Party (DPP) Secretary-General Chang Chun-hsiung (±i«T¶¯) yesterday said that the DPP's central standing committee passed a resolution opposing the building of new nuclear power plants on April 22, 2003, and that the party will never betray its core principles. "Pursing a non-nuclear homeland and ensuring Taiwan's sustainable development is a consistent and long-term goal for the DPP, which is also a consensus agreed on by both the ruling and opposition parties in 2002," Chang said. "[A non-nuclear homeland] has already become an ideal recognized by all parts of society, and we are resolute that any policy pertaining to nuclear power has to be based on this public consensus," Chang said. "The DPP will not accept any suggestion that goes against the principle of a `non-nuclear homeland' since it violates our long-term core value and strays from mainstream public opinion," he said. This story has been viewed 474 times. Copyright © 1999-2005 The Taipei Times. All rights reserved. ***************************************************************** 20 YWS: Gov't Approves New Nuclear Power Generators in Gori YONHAPNEWS WORLD SERVICE::ENGLISH NEWS [http://www.yonhapnews.co.kr/] .. 2005/01/11 17:05 KST SEOUL, Jan. 11 (Yonhap) -- The Ministry of Commerce, Industry and Energy on Tuesday approved the construction of two new nuclear power generators in Gori, north of Busan on South Korea's east coast. The construction, which has dragged on because of local opposition, was approved because further delays would result in extra costs and complication in the reimbursement of residents, the ministry said. ***************************************************************** 21 Economic Times: 'Our nuclear facilities can brave any natural disaster' [http://www.indiatimes.com] Wednesday, January 12, 2005| Updated at 01:17hrs IST MUMBAI: All of Indias nuclear establishments can withstand any form of natural disaster, including tsunamis, the Nuclear Power Corporation of India (NPCIL) said on Tuesday. Nuclear power plants in the country are well adapted to deal with natural calamities such as floods, earthquakes, tsunamis and cyclones, NPCIL added. A conservative approach is adopted during site selection, design, construction, commissioning and operation of nuclear power plants and natural calamities like earthquake, flood, tsunami and cyclone are considered during site selection, NPCIL said in a release. The grade level of the plant is kept well above the maximum expected flood level, it said. NPCILs statement comes in the wake of the havoc the tsunamis wreaked along the countrys southern coasts. Initial reports said that the Kalpakkam nuclear reactor outside Chennai was affected, but the plant management later clarified that its operations were not hit. The plants are designed to be safe under high seismic intensity corresponding to the maximum earthquake potential of the site, says NPCIL. The integrity and safety of the nuclear plants had amply been demonstrated during the Bhuj earthquake in 01 which had a magnitude of 7.6 on the Richter scale, and had severely affected a large part of Gujarat, it further noted. The Kakrapar atomic power station near Surat kept operating safely during and after the quake and continued supply of much needed power to Gujarat, the release said. Similarly, when the tsunami struck the east coast of India on December 26, Unit I of Madras Atomic Power Station at Kalpakkam in Tamil Nadu was already shut down for major refurbishment and modernisation. Unit 2, which was operational at that time was also brought to the safe shutdown state, it said. The shutdown core cooling systems remained operational and the core was maintained in safe shutdown state. While the water level remained below the grade level of the plant, water ingressed through the sea water intake tunnel, causing submergence of some of the sea water pumps, it added. After a detailed inspection by NPCIL and the Atomic Energy Regulatory Board, the plant restarted operations on January 2. Similarly, at Kudankulam near Kanyakumari, the two nuclear power plants of 1000 MW each  for which construction is going on and temporary structures have been erected at the shore  were not damaged or breached by the tsunami, it added. Copyright © 2005 Times Internet Limited. All rights reserved. ***************************************************************** 22 Times Argus: Vt. Yankee must be a cornerstone of state's electrical power needs January 11, 2005 Commentary By William R. Sayre t only takes a short blackout to remind us how essential electricity is to our lives, and only a few minutes spent going through the bills to understand the financial impact of electric rates. Electricity is not just important for individuals and families, it is part of the lifeblood of our economy. A thriving economy is the single most important factor in our quality of life, providing the jobs and thereby the wages and benefits that allow working Vermonters and their families to improve and fulfill their lives and realize their potential. Having a strong economy and quality electrical infrastructure is a pre-requisite for having the resources to provide quality education to our children, government services that help our elderly and low-income citizens, and jobs that enable hard-working Vermont families to continue to raise their children here. We therefore all should have an abiding interest in the timely issue of our energy future, particularly regarding electricity. The Department of Public Service is concluding its development of the 2004 Vermont Electric Plan, and energy is likely to be among the top issues in the new Legislature. Not only is the issue of electric rates at stake, but the very question of just where we will get our electricity itself will be debated. Front and center of both of these questions is the Vermont Yankee nuclear power plant. This plant is the flagship of Vermont energy production, providing more than 34 percent of the state's electricity – second only to the more than 36 percent imported from Hydro-Quebec. This electricity has not only been reliable, it has been clean and affordable. Since the plant began operating in 1972, the state has avoided 100 million metric tons of fossil fuel pollution from sources like coal and oil. This would have come via the emission of nitrogen oxide, which is a main component of harmful ground-level ozone, carbon monoxide, sulfur dioxide, and other particulate matter. Vermont's savings have been noteworthy as well. Although the cost of electricity in Vermont as a whole has been well above national averages for years, Vermont Yankee has delivered electricity to Vermonters at a savings, the below-market averages totaling nearly one billion dollars over its lifetime. The terms of the plant's sale in 2002 have saved Vermonters more than $20 million below market prices already, and favorable terms run through the currently scheduled life of the plant until 2012. This performance should be kept in mind as Vermont looks not only to the next few years but beyond 2012, when the current Yankee license expires and our current contract with Hydro-Quebec begins to phase down. Together, these two sources represent some 70 percent of Vermont's base-load electric power that must be renewed or replaced. Base-load power is the steady, consistent, reliable power that is the backbone of our electrical system. As Vermont's utilities and regulatory authorities move toward this future, the most important principle for the state's portfolio, or mix, of energy sources is low rates – part of the so-called least-cost principle. But reliability and diversity are also important values. With the context of affordability, Vermont should continue to rely upon diverse sources of energy, including natural gas as well as hydro, wood, wind, and other renewable sources. But not just those sources alone. Vermont Yankee has proven that it should continue to play a central role in our energy portfolio as well. It has demonstrated the affordability, reliability, and cleanliness to not only continue but increase its contribution to our personal and economic wellbeing through 2012 and well beyond. William Sayre is an economist, formerly with the Federal Reserve, and currently serves on the Board of Directors of Associated Industries of Vermont, www.aivt.org [http://www.aivt.org] . © 2004 Times Argus [http://www.timesargus.com/] ***************************************************************** 23 Indian Express: Tsunami hits N-programme: fast breeder project delayed Wednesday, January 12, 2005 [http://www.indianexpress.com/ 18-m-deep raft submerged, pipelines, pumps mixers destroyed KALPAKKAM, JANUARY 11: Construction work in the Fast Breeder Reactor Project (PFBR), dubbed as the cornerstone of the second stage of India’s nuclear programme, has been set back by at least a month, after the tsunami submerged an 18-metre-deep raft meant to be the foundation for eight buildings that were to comprise the nuclear island. ‘‘Only the raft suffered damage...because it is 18 metres below the ground level,’’ said Prabhat Kumar, PFBR project director. The financial loss is yet to be ascertained. ‘‘We are analysing the loss. We have to investigate and arrive at the final figure on our side and also that of the constructor’s,’’ said Kumar. More than ruing the financial loss, the authorities are busy thanking their stars as over 150 persons, who were working inside the site when the waves swallowed the excavated site, escaped unhurt. ‘‘The construction in-charge, who was on ground level, had a walkie-talkie. On seeing the water rushing in, he contacted three junior officers inside the site. Everybody inside rushed to safety and a major calamity was averted. One worker who was working at another site was killed and her body was recovered from the raft site three days later,’’ said Kumar. [http://www.expressindia.com/about/privacy.html] | © 2005: Indian Express Newspapers (Bombay) Ltd. ***************************************************************** 24 Brattleboro Reformer: NRC to review coalition's petition January 11, 2005 Brattleboro, VT By CAROLYN LORIÉ Reformer Staff BRATTLEBORO -- The Nuclear Regulatory Commission has accepted for review a petition filed by the New England Coalition to shut down Vermont Yankee until plant officials can assure the public that the emergency notification system is operable. The NRC now has 120 days to make a final decision on whether the petition has merit and what, if any, enforcement action will be taken. The emergency notification system is designed to alert residents within a 10-mile radius of the plant -- known as the emergency planning zone -- in the event of an accident at the reactor. People within the EPZ are given tone alert radios that sound a warning, signaling residents to tune to the local radio station for information. Brattleboro and Vernon also use sirens, although in some areas of Brattleboro the sirens cannot be heard. According to the coalition's petition, many local residents allege that the radios are not dependable. They often malfunction or fail to pick up any signal. The radios also do not alert the owners that the batteries are running low, the way smoke detectors do. There is also concern that because the radios go off for weather alerts as well, people shut them off to avoid the constant interruption. The NRC recently cited Entergy Nuclear Vermont Yankee for not keeping adequate records on the distribution of the radios. Officials at the nuclear reactor have since made an effort to contact all residents within the EPZ, which includes 18 towns in three states, to let them know about the availability of the radios. They are distributed at no costs to residents. Vermont Yankee officials said they had not received official word from the NRC that the petition is being considered. In addition to the emergency alert system, the evacuation plan has recently come under increased scrutiny. On Dec. 16, a test evacuation was conducted at all schools located in Vermont's EPZ and was dubbed a disaster by many. Although students were not driven off school grounds, they did vacate their buildings and board the buses that had to come over from New Hampshire. The snags, however, were many. Communication between the two state emergency management teams was poor. School officials tried to give exact counts of how many students would be evacuating, which was time consuming. One bus arrived at Brattleboro school only to turn around and return to New Hampshire before the children had a chance to board due to prior commitments made by the bus company. Nuclear-Free Vermont, a local anti-nuclear group, has been the most vocal critic of the notification and evacuation plan. Two of its most active members, Ed Anthes and Judy Davidson, joined the coalition in its conference call with the NRC last Thursday. The call was to give the coalition a chance to present the merits of its petition, a routine part of the citizen petition process at the NRC. In order for a petition to be considered for formal review, several criteria must be met. There must be no other way for the petitioner to have his concerns addressed. The petition must be based on specific regulations, in other words a general opposition to nuclear power would not be acceptable. Finally, the petition must seek a particular action, such as an NRC citation or the revoking of a plant license. This is the second petition filed by the coalition in 2004. In April, the New England Coalition filed a petition having to do with the fuel thought to be missing from the plant. The group asked that Entergy take a complete inventory of all its spent fuel and that the NRC certifies it. It was accepted for review and according to Raymond Shadis of the coalition, the federal regulator recently issued a director's decision on the petition, which has not yet been made public. Copyright ©1999-2005 New England Newspapers, Inc., a ***************************************************************** 25 NRC: New NRC Senior Resident Inspector Assigned to Peach Bottom Nuclear Power Plant News Release - Region I - 2005-00 U.S. NUCLEAR REGULATORY COMMISSION Office of Public Affairs, Region I No. I-05-003 January 11, 2005 CONTACT: Diane Screnci (610) 337-5330 Neil A. Sheehan (610) 337-5331 E-mail: [opa1@nrc.gov] Fred Bower has been assigned as the new Nuclear Regulatory Commission Senior Inspector at the Peach Bottom nuclear power plant. He joins NRC Resident Inspector Dan Schroeder at the two-unit site, in Delta, Pa. Bower replaces Craig Smith who has left the agency. Bower first joined the NRC in 1990 as a reactor engineer in the Region I office in King of Prussia, Pa. Most recently, Bower worked as a senior reactor inspector in the Region I Division of Reactor Safety. In addition to his work as a region-based inspector, he has also been assigned as a resident inspector at the Salem nuclear plant in Lower Alloways Creek, N.J., and at the Calvert Cliffs plant in Lusby, Md. Prior to joining the NRC, Bower worked as in progressively more responsible positions associated with the repair, modification and overhaul of naval ships and submarines at the Norfolk Naval Shipyard in Portsmouth, Va. Bower is a graduate of Virginia Tech, where he earned a bachelor of science degree in mechanical engineering. He also earned a masters in engineering management from Old Dominion University. Fred Bowers extensive experience and commitment to safety will help the NRC ensure that Peach Bottom conducts operations with the highest safety standards to protect the public health and safety, said NRC Region I Administrator Samuel J. Collins. Each U.S. commercial nuclear plant has at least two NRC resident inspectors. They serve as the agency's eyes and ears at the facility, conducting inspections, monitoring major work projects and interacting with plant workers and the public. The Peach Bottom resident inspectors can be reached at 717/456-7614. Last revised Tuesday, January 11, 2005 ***************************************************************** 26 NRC: NRC to Hold Public Meeting Jan. 19 on Environmental Impacts of Proposed North Anna Early Site Permit News Release - 2005-00 U.S. NUCLEAR REGULATORY COMMISSION Office of Public Affairs Telephone: 301/415-8200 Washington, DC 20555-0001 E-mail: opa@nrc.gov No. 05-008 January 11, 2005 The Nuclear Regulatory Commission will hold a public meeting Jan. 19 in Mineral, Va., to receive public comment on the draft environmental impact statement for a proposed Early Site Permit (ESP) at the North Anna site in Louisa County, about 40 miles northwest of Richmond. The meeting will be held from 7 p.m. to 10 p.m. at the Louisa County Middle School, 1009 David Highway, in Mineral. The meeting will be transcribed. In addition, NRC staff members will host an informal discussion one hour prior to the meeting. NRC staff members will answer questions and explain the ESP process during this informal session, but no official comments on the EIS will be accepted then. The ESP process allows an applicant to address site-related issues, such as environmental impacts, for possible future construction and operation of a nuclear power plant at the site. The North Anna application was filed Sept. 25, 2003, by Dominion Nuclear North Anna, LLC. If approved, the permit would give Dominion up to 20 years to decide whether to build one or more nuclear plants on the site and to file an application with the NRC for approval to begin construction. The NRC staffs preliminary recommendation is that a permit should be issued. The staffs conclusion is based on its independent review of a report submitted by Dominion, taking into account consultations with federal, state, tribal and local agencies and comments from the public. The staffs preliminary conclusions include a finding that there are no environmentally preferable or obviously superior sites, and that any adverse environmental impacts from possible site preparation and preliminary construction activities at North Anna could be redressed. For planning purposes, anyone interested in attending or presenting oral comments at the Jan. 19 meeting is encouraged to pre-register no later than Jan. 14, by contacting Alicia Williamson of the NRC by telephone at (800) 368-5642, extension 1878, or by e-mail at NorthAnna_ESP@nrc.gov [NorthAnna_ESP@nrc.gov] . Interested persons may also register to speak within 15 minutes of the start of the meeting. Time for individual comments at the meetings may be limited to accommodate all speakers. Written comments on the draft EIS will also be considered by NRC staff. Comments should be submitted either by mail (postmarked by March 1, 2005) to the Chief, Rules and Directives Branch, Division of Administrative Services, Office of Administration, Mailstop T-6D59, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, or by e-mail (sent no later than March 1, 2005) to NorthAnna_ESP@nrc.gov [NorthAnna_ESP@nrc.gov] . The draft EIS and related documents are available electronically for public inspection in the NRC Public Document Room, 11555 Rockville Pike, Rockville, Md. It is available on the NRCs Web site at two locations: http://www.nrc.gov/reading-rm/doc-collections/nuregs/docs4comment .html and http://www.nrc.gov/reactors/new-licensing/esp/north-anna.html . In addition, the Louisa County Library, 881 Davis Highway in Mineral, has agreed to make the draft EIS available for public inspection. At the conclusion of the public comment period on March 1, 2005, the NRC staff will consider and address the comments provided, then issue a final EIS on the environmental acceptability of an ESP at North Anna later in 2005. Last revised Tuesday, January 11, 2005 ***************************************************************** 27 EUbusiness: Lithuania to seek international help to build new nuclear reactor [http://www.eubusiness.com/] » afp + [Print this page] 11/01/2005 Lithuania, which has pledged to close its Chernobyl-type Ignalina nuclear power plant by 2010, will seek international help to build and finance a new nuclear reactor, Prime Minister Algirdas Brazauskas said Tuesday. "The government wants Lithuania to remain a country with nuclear energy, but we do not have the financial means to build the new reactor," Brazauskas told journalists. "It would cost some 2 billion euros, a fantastic price for us, so we should work on this issue and seek advice," Brazauskas said after a government meeting on nuclear energy issues. The prime minister said Lithuania would seek advice from European Union (EU) energy companies and international experts further afield. "If they show some interest, then we could consider building a new reactor," Brazauskas said. Lithuania halted the first of two reactors at Ignalina on December 31 in line with a pledge to the EU made during membership talks. The Baltic state acceded to the EU in May last year. The deal provides for the complete closure of the facility in 2009. The Ignalina plant, which supplied more than 70 percent of all energy consumed in the Baltic state, operated two RBMK reactors - the same type as those used at Ukraine's Chernobyl nuclear plant, which exploded in 1986 in the world's worst civil nuclear disaster. The EU has promised to finance the closure of the Ignalina plant, estimated at between two and three billion euros (2.5-3.75 billion dollars) over 30 years. More than 200 million euros have already been allocated to prepare decomissioning the first unit. Text and Picture Copyright © 2004 AFP. All other copyright © 2004 EUbusiness Ltd. All rights reserved. This material is ***************************************************************** 28 NRC: KTL Roudebush Testing, Kansas City, MO; Order Revoking License FR Doc 05-477 [Federal Register: January 11, 2005 (Volume 70, Number 7)] [Notices] [Page 1905-1908] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr11ja05-78] I KTL Roudebush Testing (Licensee) is the holder of Byproduct Material License No. 24-26628-01 issued by the Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR parts 30 and 34. The license authorizes the possession and use of iridium-192 in sealed sources for industrial radiography. The license also authorizes the possession and use of cesium-137 and americium-241 in sealed sources to be used in portable gauges for measuring physical properties of materials. In addition, the license authorizes the possession of depleted uranium, as solid metal, for shielding in radiography equipment. Christopher V. Roudebush is the President and owner of KTL Roudebush Testing. The license identifies Mr. Roudebush as the Radiation Safety Officer (RSO). Mr. Roudebush also serves as a radiographer for the Licensee. The license was originally issued on November 20, 1995. License Amendment No. 4 was issued on January 16, 2004, to change the name of the Licensee from PSI Inspection, Inc. to KTL Roudebush Testing. The license was amended in its entirety on February 5, 2004 (Amendment No. 5), and is due to expire on March 31, 2011. The license was suspended by NRC Order on March 11, 2004 (EA-03- 0177) (69 FR 13336). That Order was made immediately effective. II On March 11, 2004, the NRC issued an Order Suspending License (Effective Immediately) and Demand for Information to KTL Roudebush Testing after a routine inspection by the NRC staff and an investigation by the NRC Office of Investigations (OI) identified numerous apparent deliberate violations of the NRC's radiation safety requirements by Christopher V. Roudebush, the President, owner, and [[Page 1906]] Radiation Safety Officer of, and a radiographer for, KTL Roudebush Testing. The apparent violations were described in Inspection Report No. 030-33765/2003-001 (DNMS), OI Report No. 3-2003-009, and the Order Suspending License (Effective Immediately) issued on March 11, 2004. The Suspension Order required KTL Roudebush Testing to suspend its use of NRC-licensed material and to place the material in safe storage pending further deliberation by the NRC regarding the apparent violations. The apparent deliberate violations giving rise to the Order Suspending License were described therein and, in summary, included the following: 1. On April 10, 2003, October 28 and 29, 2002, and on several occasions between October 2001 and January 2002, Mr. Roudebush deliberately conducted industrial radiography at locations other than a permanent radiographic installation (field locations or temporary job sites) without having an additional qualified individual present who could observe radiographic operations and was capable of providing immediate assistance to prevent unauthorized entry, as required by 10 CFR 34.41. 2. On April 10, 2003, and on October 28 and 29, 2002, Mr. Roudebush deliberately permitted individuals to act as a radiographer's assistant before these individuals had successfully completed the Licensee's training program for radiographer's assistants, as required by 10 CFR 34.43(c) and Condition No. 26 of NRC License No. 24-26628-01. 3. On October 28, 2002, Mr. Roudebush deliberately permitted an individual who was not wearing a direct-reading pocket dosimeter, an alarming ratemeter, and either a film badge or a thermoluminescent dosimeter, as required by 10 CFR 34.47(a), to act as a radiographer's assistant. 4. As of April 12, 2003, Mr. Roudebush deliberately failed to conduct inspections and routine maintenance of Licensee radiographic exposure devices and associated equipment during the first quarter of Calendar Year 2003, an interval exceeding three months, as required by 10 CFR 34.31(b). 5. On April 8, 2003, Mr. Roudebush deliberately provided inaccurate and incomplete information to an NRC inspector about maintaining records of quarterly inspections of radiographic exposure devices, as required to be maintained in accordance with 10 CFR 34.73. 6. On August 5, 2003, in response to a subpoena from the NRC, Mr. Roudebush deliberately provided inaccurate and incomplete information to a Special Agent of the NRC Office of Investigations when he stated that he had destroyed a computer described in a subpoena from the NRC. Mr. Roudebush deliberately failed to afford the Commission an opportunity to inspect records of quarterly maintenance and inspections of radiographic exposure devices that were required to be maintained in accordance with 10 CFR 34.73. 7. On April 10, 2003, and between October 2001 and January 2002, Mr. Roudebush transported on public highways a SPEC Model 150 radiographic exposure device (package), containing a nominal 142 curie iridium-192 sealed source, and he deliberately did not block and brace the package such that it could not change position during conditions normally incident to transportation, as required by 10 CFR 71.5(a) and 49 CFR 177.842(d). Specifically, two radiographic exposure devices were transported in the back of a company truck and one of the exposure devices was not properly blocked or braced. 8. On April 10, 2003, Mr. Roudebush deliberately transported a SPEC Model 150 radiographic exposure device, containing a nominal 142 curie iridium-192 sealed source, by highway without a shipping paper and the material was not excepted from shipping paper requirements, as required by 10 C.F.R. Sec. 71.5(a) and 49 CFR 177.817(a). 9. On April 10, 2003, Mr. Roudebush deliberately transported a radiographic exposure device, containing a nominal 142 curie iridium- 192-sealed source, without its safety cover installed to protect the source assembly from water, mud, sand or other foreign matter, as required by 10 CFR 34.20(c)(3). III The March 11, 2004, Order Suspending License also contained a Demand for Information issued pursuant to 10 CFR 2.204. The Demand for Information required the Licensee to provide in writing, under oath or affirmation, an explanation as to why, in light of the inspection and investigation findings, that License No. 24-26628-01 should not be revoked. The Demand for Information also provided that should the Licensee believe that the license should not be revoked, the Licensee must provide in a written response, under oath or affirmation, reasonable assurance that in the future all licensed activities will be conducted with appropriate management oversight to ensure all licensed activities will be performed in accordance with regulatory requirements. By letter dated March 17, 2004, the Licensee requested additional time to respond to the Demand for Information. The NRC granted the request for additional time on April 2, 2004. On June 3, 2004, the Licensee provided the written response required by the Demand for Information and also requested a hearing on the Order Suspending License. On June 14, 2004, the Licensee withdrew the request for hearing upon the NRC granting the Licensee's request to meet with the NRC staff, and consequently the NRC staff extended the time for the Licensee to request a hearing on the Order Suspending License. Representatives of the Licensee met with the NRC staff on July 21, 2004, in the NRC Region III Office in Lisle, Illinois. In the Licensee's undated \1\ written response to the Demand for Information and at the meeting with the NRC staff, Christopher V. Roudebush, the President, owner, and Radiation Safety Officer of KTL Roudebush Testing, stated that he made mistakes and he had lapses in judgment as a businessman; however, none of the violations were deliberate in nature. Mr. Roudebush stated that he planned to hire only experienced individuals in the future and he would no longer hire individuals from a temporary labor agency. According to Mr. Roudebush, he hired a second radiographer to be an additional Radiation Safety Officer in order to help with completion of NRC-required inspections and audits and maintain related records. (Note: On December 20, 2003, the Licensee submitted a license amendment request to the NRC, requesting an individual be added to the license as the Assistant Radiation Safety Officer. License Amendment No. 4 was issued on January 16, 2004, and listed that individual as the Assistant Radiation Safety Officer.) ----------------------------------------------------------------- ---------- \1\ Received by NRC on June 3, 2004. ----------------------------------------------------------------- ---------- The NRC staff carefully considered the Licensee's response to the Demand for Information and the additional information provided during the meeting held on July 21, 2004. Notwithstanding the Licensee's arguments, the NRC concludes that the apparent deliberate violations specified in the Suspension Order occurred as stated. For example, Mr. Roudebush admitted in the response to the Demand for Information and at the July 21, 2004, meeting that he violated the NRC requirement to have two qualified individuals present during radiographic operations; however, he denied that the violation was deliberate. He explained [[Page 1907]] that he received his training and certification as a radiographer in the State of Texas and the regulations in the State of Texas required only one certified radiographer. He also denied during the meeting on July 21, 2004, that he had received a prior Notice of Violation associated with the ``two-man rule,'' 10 CFR 34.41(a). However, the NRC issued a Notice of Violation to the Licensee on January 18, 2000, associated with the ``two man rule,'' 10 CFR 34.41(a). The inspection report containing the violation (No. 030-33765/99-001(DNMS)) documents that Mr. Roudebush told an NRC inspector during the December 10, 1999, inspection that he was familiar with the NRC's ``two man rule,'' 10 CFR 34.41(a). Therefore, the NRC staff concludes that the statements by Mr. Roudebush that he was not aware of the requirement to have two qualified individuals present at a temporary job site and he did not deliberately violate the provisions of 10 CFR 34.41(a), were not credible. Additionally, Mr. Roudebush provided a lengthy explanation regarding the apparent deliberate failure to provide the information requested by the NRC subpoena, the opportunity to inspect the records contained in the computer, and the destruction of that computer. Mr. Roudebush stated that an employee threw computer parts from a truck operated by Mr. Roudebush after Mr. Roudebush had received the subpoena from the Office of Investigations. Mr. Roudebush admitted that he was present when his employee threw away the computer parts and stated that he made no attempt to stop the employee from destroying the computer. Regardless of who may have actually destroyed the computer, Mr. Roudebush, as the Licensee's President, owner, and Radiation Safety Officer, was complicit in, and responsible for, deliberate violations of 10 CFR 30.9 and 10 CFR 30.52(b). The NRC staff carefully considered the Licensee's explanations provided in its response to the Demand for Information and at the July 21, 2004, meeting regarding the other violations alleged in the Suspension Order. While Mr. Roudebush contends that his conduct reflected mistakes and lapses of judgment, the NRC concludes that the violations were deliberate and occurred as stated in the Order Suspending License. IV In addition to the deliberate violations described in Section III which occurred within the NRC's jurisdiction, and upon which this Order is based, the investigation conducted by the NRC Office of Investigations determined that the following activities occurred in the State of Kansas, an NRC Agreement State. On February 17, and March 6, 2003, and on several occasions between May and October 2002, the Licensee deliberately conducted radiography at temporary job sites and the radiographer was not accompanied by an additional qualified individual. On February 17, and March 6, 2003, the Licensee deliberately permitted individuals to act as a radiographer's assistants before they had successfully completed the Licensee's training program for a radiographer's assistant, and these individuals did not wear a direct-reading pocket dosimeter, an alarming ratemeter, and either a film badge or a thermoluminescent dosimeter while conducting radiography. Based on these findings, on March 12, 2004, the State of Kansas issued an Emergency Order of Suspension of License (Case No. 04-E-0071) to KTL Inspection (as named on the Order and License). The license in the State of Kansas expired on June 30, 2004, and summary judgment was entered without further action by the State of Kansas based on the expiration of the license. V As described in Section III, the deliberate acts and omissions of Christopher V. Roudebush violated NRC requirements over an extended period of time. These violations jeopardized the public health and safety, and on that basis, represent a significant regulatory concern. The deliberate violations also demonstrate that Christopher V. Roudebush, as the President, owner, and Radiation Safety Officer of KTL Roudebush Testing, and a radiographer for the Licensee, is unable to comply with the Commission's requirements to protect the public health and safety. The corrective actions described by Mr. Roudebush (hiring an Assistant Radiation Safety Officer/radiographer, and stating he would not hire temporary workers in the future) are not sufficient to demonstrate otherwise. The deliberate violations demonstrate that the Commission is not able to rely upon the integrity of Mr. Roudebush. Such reliance is essential to assuring adequate protection of the public health and safety. Given the above matters and the actions of Mr. Roudebush as the President, owner, and Radiation Safety Officer for the Licensee, the Commission lacks the requisite reasonable assurance that the public health and safety is adequately protected by continuing activities under the existing license. If, at the time the license was issued, the NRC had known of the Licensees inability to control licensed activities in accordance with the Commission's requirements, or the questionable integrity of the Licensee's President and Radiation Safety Officer, the license would not have been issued. Therefore, I have determined that permitting this Licensee to conduct or resume activities under License No. 24-26628-01 would be contrary to the public health and safety and that this license should be revoked. I have also determined, pursuant to 10 CFR 2.202(a)(5), that the public health and safety requires the continued suspension of this license until the material in the Licensee's possession has been returned to the manufacturer or transferred to another person authorized to possess the material, and that this continued suspension must remain in effect pending license revocation. VI Accordingly, pursuant to Sections 81, 161b, 161i, 161o, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202 and 10 CFR 30 and 34: A. It is hereby ordered, that: 1. The Licensee shall transfer all NRC-licensed material acquired or possessed under the authority of License No. 24-26628-01 within 20 days of the date of this Order, either by returning the material to the manufacturer or transferring it to another person authorized to possess that material; 2. Any sources that have not been leak tested within six months prior to the transfer shall be leak tested by a person authorized to do so, prior to transfer of the source; 3. The Licensee shall notify Mr. Marc L. Dapas, Director, Division of Nuclear Materials Safety, NRC Region III, Lisle, Illinois, by telephone (630-829-9800) at least five working days prior to the date the radioactive materials are to be transferred so that the NRC may, if it elects, observe the transfer of the material; 4. The Licensee shall, within 5 days after transfer of the material, certify in writing, under oath or affirmation, to the Regional Administrator, NRC Region III, 2443 Warrenville Road, Suite 210, Lisle, Illinois 60532-4532, that all material has been properly transferred and provide the Regional Administrator copies of transfer records required by 10 CFR 30.51; and 5. The issuance of this Order does not otherwise alter the continued effectiveness of the Suspension Order. B. It is further ordered that: Following confirmation of the transfer of all NRC-licensed material currently [[Page 1908]] possessed, as discussed above, License No. 24-26628-01 is revoked. The Director of the Office of Enforcement or the Regional Administrator, Region III, may, in writing, at any time prior to final agency action sustaining the revocation of License No. 24-26628-01, relax or rescind any of the above provisions on demonstration by the Licensee, in writing and under oath or affirmation, of good cause. VII In accordance with 10 CFR 2.202(b), the Licensee must, and any other person adversely affected by this Order may, submit an answer to this Order, and may request a hearing on this Order, within 20 days of the date of this Order. Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for extension of time must be made in writing to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and include a statement of good cause for the extension. The answer may consent to this Order. Unless the answer consents to this Order, the answer shall, in writing and under oath or affirmation, specifically admit or deny each allegation or charge made in this Order and set forth the matters of fact and law on which the Licensee or other person adversely affected relies, and the reasons as to why the Order should not have been issued. Any answer or request for a hearing shall be submitted to the Secretary, U.S. Nuclear Regulatory Commission, ATTN: Rulemakings and Adjudications Staff, Washington, DC 20555. Copies of the hearing request also should be sent to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555- 0001, to the Assistant General Counsel for Materials Litigation and Enforcement, Office of the General Counsel, at the same address, to the Regional Administrator, NRC Region III, 2443 Warrenville Road, Suite 210, Lisle, IL 60532-4352, and to the Licensee if the hearing request is by a person other than the Licensee. Because of continuing disruptions in delivery of mail to United States Government offices, it is requested that answers and requests for hearing be transmitted to the Secretary of the Commission either by means of facsimile transmission to 301-415-1101 or by e-mail to [hearingdocket@nrc.gov] and also to the Assistant General Counsel either by means of facsimile transmission to 301-415-3725 or by e-mail to [OGCMailCenter@nrc.gov] . If a person other than the Licensee requests a hearing, that person shall set forth with particularity the manner in which the interest of the person is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309. If a hearing is requested by the Licensee or a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearing. If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained. In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions specified in Section VI above shall be final 20 days from the date of this Order without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions specified in Section VI shall be final when the extension expires if a hearing request has not been received. Dated this 30th day of December, 2004. For the Nuclear Regulatory Commission. Martin J. Virgilio, Deputy Executive Director for Materials, Research and State Programs, Office of Executive Director for Operations. [FR Doc. 05-477 Filed 1-10-05; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 29 NRC: Christopher V. Roudebush; Order Prohibiting Involvement in NRC- FR Doc 05-478 [Federal Register: January 11, 2005 (Volume 70, Number 7)] [Notices] [Page 1908-1911] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr11ja05-79] Licensed Activities (Effective Immediately) I KTL Roudebush Testing (Licensee) is the holder of Byproduct Material License No. 24-26628-01 issued by the U.S. Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR 30 and 34. The license authorizes the possession and use of iridium-192 in sealed sources for industrial radiography. The license also authorizes the possession and use of cesium-137 and americium-241 in sealed sources to be used in portable gauges for measuring physical properties of materials. In addition, the license authorizes the possession of depleted uranium, as solid metal, for shielding in radiography equipment. The license was originally issued on November 20, 1995. License Amendment No. 4 was issued on January 16, 2004, to change the name of the Licensee from PSI Inspection, Inc. to KTL Roudebush Testing. The license was amended in its entirety on February 5, 2004 (Amendment No. 5) and is due to expire on March 31, 2011. The license was suspended by NRC Order on March 11, 2004 (EA-03-0177) (69 FR 13336), which was effective immediately. Additionally, the NRC staff informed the Licensee, on September 15, 2004, that an extension of time for requesting a hearing on the March 11, 2004, Order Suspending License was granted until 20 days following the final disposition of the issues described in the Suspension Order. Christopher V. Roudebush is the President and owner of KTL Roudebush Testing. The license identifies Mr. Roudebush as the Radiation Safety Officer (RSO). Mr. Roudebush also serves as a radiographer for the Licensee. II Based on the results of a routine inspection by the NRC staff and an investigation by the NRC Office of Investigations (OI), the NRC determined that Christopher V. Roudebush, the President, owner, Radiation Safety Officer of, and a radiographer for, KTL Roudebush Testing, engaged in deliberate misconduct that caused the Licensee to be in violation of numerous NRC radiation safety requirements, including the requirements to: have a sufficient number of qualified personnel present at temporary job sites; provide radiation safety training and dosimetry to employees; conduct inspections and maintenance of industrial radiography equipment at specified intervals; and maintain records of NRC required inspection and maintenance activities. The NRC also determined that Mr. Roudebush deliberately provided incomplete and inaccurate information to NRC inspectors and investigators, and Mr. Roudebush deliberately prevented NRC inspectors and investigators from having access to NRC-required records. As a result of the activities of Mr. Roudebush, the NRC issued an Order Suspending License (Effective Immediately) and Demand for Information to KTL Roudebush Testing on March 11, 2004. The apparent violations were described in Inspection Report No. 030-33765/2003-001 (DNMS), OI Report No. 3-2003-009, and the Order Suspending License (Effective Immediately) issued on March 11, 2004. The Suspension Order required KTL Roudebush Testing to suspend its use of NRC-licensed material and to place the material in safe storage pending further deliberation by the NRC regarding the apparent deliberate violations. The apparent deliberate violations giving rise to the Order Suspending License were [[Page 1909]] described therein and, in summary, included the following: 1. On April 10, 2003, October 28 and 29, 2002, and on several occasions between October 2001 and January 2002, Mr. Roudebush deliberately conducted industrial radiography at locations other than a permanent radiographic installation (field locations or temporary job sites) without having an additional qualified individual present who could observe the radiographic operations and was capable of providing immediate assistance to prevent unauthorized entry, as required by 10 CFR 34.41. 2. On April 10, 2003, and on October 28 and 29, 2002, Mr. Roudebush deliberately permitted individuals to act as a radiographer's assistant before these individuals had successfully completed the Licensee's training program for radiographer's assistants, as required by 10 CFR 34.43(c) and Condition No. 26 of NRC License No. 24-26628-01. 3. On October 28, 2002, Mr. Roudebush deliberately permitted an individual who was not wearing a direct-reading pocket dosimeter, an alarming ratemeter, and either a film badge or a thermoluminescent dosimeter, as required by 10 CFR 34.47(a), to act as a radiographer's assistant. 4. As of April 12, 2003, Mr. Roudebush deliberately failed to conduct inspections and routine maintenance of Licensee radiographic exposure devices and associated equipment during the first quarter of Calendar Year 2003, an interval exceeding three months, as required by 10 CFR 34.31(b). 5. On April 8, 2003, Mr. Roudebush deliberately provided inaccurate and incomplete information to an NRC inspector about maintaining records of quarterly inspections of radiographic exposure devices, as required to be maintained in accordance with 10 CFR 34.73. 6. On August 5, 2003, in response to a subpoena from the NRC, Mr. Roudebush deliberately provided inaccurate and incomplete information to a Special Agent of the NRC Office of Investigations when he stated that he had destroyed a computer described in a subpoena from the NRC. Mr. Roudebush deliberately failed to afford the Commission an opportunity to inspect records of quarterly maintenance and inspections of radiographic exposure devices that were required to be maintained in accordance with 10 CFR 34.73. 7. On April 10, 2003, and between October 2001 and January 2002, Mr. Roudebush transported on public highways a SPEC Model 150 radiographic exposure device (package), containing a nominal 142 curie iridium-192 sealed source, and he deliberately did not block and brace the package such that it could not change position during conditions normally incident to transportation, as required by 10 CFR 71.5(a) and 49 CFR 177.842(d). Specifically, two radiographic exposure devices were transported in the back of a company truck and one of the exposure devices was not properly blocked or braced. 8. On April 10, 2003, Mr. Roudebush deliberately transported a SPEC Model 150 radiographic exposure device, containing a nominal 142 curie iridium[dash]192 sealed source, by highway without a shipping paper and the material was not excepted from shipping paper requirements, as required by 10 CFR 71.5(a) and 49 CFR 177.817(a). 9. On April 10, 2003, Mr. Roudebush deliberately transported a radiographic exposure device, containing a nominal 142 curie iridium- 192-sealed source, without its safety cover installed to protect the source assembly from water, mud, sand or other foreign matter, as required by 10 CFR 34.20(3). III The March 11, 2004, Order Suspending License also contained a Demand for Information issued pursuant to 10 CFR 2.204. The Demand for Information required the Licensee to provide in writing, under oath or affirmation, an explanation as to why, in light of the inspection and investigation findings, License No. 24-26628-01 should not be revoked. The Demand for Information also provided that should the Licensee believe that the license should not be revoked, the Licensee must provide in a written response, under oath or affirmation, reasonable assurance that in the future all licensed activities will be conducted with appropriate management oversight to ensure all licensed activities will be performed in accordance with regulatory requirements. By letter dated March 17, 2004, the Licensee requested additional time to respond to the Demand for Information. The NRC granted the request for additional time on April 2, 2004. On June 3, 2004, the Licensee provided the written response required by the Demand for Information and also requested a hearing on the Order Suspending License. On June 14, 2004, the Licensee withdrew the request for hearing upon the NRC granting the Licensee's request to meet with the NRC staff, and consequently the NRC staff extended the time for the Licensee to request a hearing on the Order Suspending License. Representatives of the Licensee met with the NRC staff on July 21, 2004, in the NRC Region III Office in Lisle, Illinois. In the Licensee's written response to the Demand for Information and at the July 21, 2004, meeting with the NRC staff, Christopher V. Roudebush, the President, owner, and Radiation Safety Officer of KTL Roudebush Testing, stated that he made mistakes and he had lapses in judgment as a businessman; however, none of the violations were deliberate in nature. Mr. Roudebush stated that he planned to hire only experienced individuals in the future and he would no longer hire individuals from a temporary labor agency. According to Mr. Roudebush, he hired a second radiographer to be an additional Radiation Safety Officer in order to help with the completion of NRC-required inspections and audits and the maintenance of related records. (Note: On December 20, 2003, the Licensee submitted a license amendment request to the NRC, requesting an individual be added to the license as the Assistant Radiation Safety Officer. License Amendment No. 4 was issued on January 16, 2004, and listed that individual as the Assistant Radiation Safety Officer.) The NRC staff carefully considered the Licensee's response to the Demand for Information and the additional information provided during the meeting held on July 21, 2004. Notwithstanding the Licensee's arguments, the NRC concludes that the apparent deliberate violations specified in the Suspension Order occurred as stated. For example, Mr. Roudebush admitted in the response to the Demand for Information and at the July 21, 2004, meeting, that he violated the NRC requirement to have two qualified individuals present during radiographic operations; however, he denied that the violation was deliberate. He explained that he received his training and certification as a radiographer in the State of Texas and the regulations in the State of Texas required only one certified radiographer. He also denied during the meeting on July 21, 2004, that he had received a prior Notice of Violation associated with the ``two-man rule,'' 10 CFR 34.41(a). However, the NRC issued a Notice of Violation to the Licensee on January 18, 2000, associated with the ``two man rule,'' 10 CFR 34.41(a). The inspection report containing the violation (No. 030-33765/99-001(DNMS)) documents that Mr. Roudebush told an NRC inspector during the December 10, 1999, inspection that he was familiar with the [[Page 1910]] NRC's ``two man rule,'' 10 CFR 34.41(a). Therefore, the NRC staff concludes that the statements by Mr. Roudebush that he was not aware of the NRC requirement to have two qualified individuals present at a temporary job site and he did not deliberately violate the provisions of 10 CFR 34.41(a) were not credible. Additionally, Mr. Roudebush provided a lengthy explanation regarding the apparent deliberate failure to provide the information requested by the NRC subpoena, the opportunity to inspect the records contained in the computer, and the destruction of that computer. Mr. Roudebush stated that an employee threw computer parts from a truck operated by Mr. Roudebush after Mr. Roudebush had received the subpoena from the Office of Investigations. Mr. Roudebush admitted that he was present when his employee threw away the computer parts and he stated that he made no attempt to stop the employee from destroying the computer. Regardless of who may have actually destroyed the computer, Mr. Roudebush, as the Licensee's President, owner, and Radiation Safety Officer, was complicit in, and responsible for, deliberate violations of 10 CFR 30.9 and 10 CFR 30.52(b). The NRC staff carefully considered the Licensee's explanations provided in its response to the Demand for Information and at the meeting on July 21, 2004, regarding the other violations alleged in the Suspension Order. While Mr. Roudebush contends that he merely made mistakes and had lapses of judgment, the NRC concludes that the violations were deliberate and occurred as stated in the Order Suspending License. Therefore, an Order Revoking License was issued to KTL Roudebush Testing on December 30, 2004. IV In addition to the deliberate violations described in Section III which occurred within the NRC's jurisdiction, and upon which this Order is based, the investigation conducted by the NRC Office of Investigations determined that the following activities occurred in the State of Kansas, an NRC Agreement State. On February 17, and March 6, 2003, and on several occasions between May and October 2002, the Licensee deliberately conducted radiography at temporary job sites and the radiographer was not accompanied by an additional qualified individual. On February 17, and March 6, 2003, the Licensee deliberately permitted individuals to act as a radiographer's assistants before they had successfully completed the Licensee's training program for a radiographer's assistant, and these individuals did not wear a direct-reading pocket dosimeter, an alarming ratemeter, and either a film badge or a thermoluminescent dosimeter while conducting radiography. Based on these findings, on March 12, 2004, the State of Kansas issued an Emergency Order of Suspension of License (Case No. 04-E-0071) to KTL Inspection (as named on the Order and License). The license in the State of Kansas expired on June 30, 2004. Based on expiration of the license, summary judgment was entered without further action by the State of Kansas. V As described in Section II and Section III, the deliberate acts and omissions of Christopher V. Roudebush violated NRC requirements over an extended period of time. These violations jeopardized the public health and safety, and on that basis, represent a significant regulatory concern. The deliberate violations also demonstrate that Mr. Roudebush is unable to comply with the Commission's requirements to protect the public health and safety, and the Commission is not able to rely upon the integrity of Mr. Roudebush. Such reliance is essential to assuring adequate protection of the public health and safety. Consequently, I lack the requisite reasonable assurance that licensed activities can be conducted in compliance with the Commission's requirements and that the health and safety of the public will be protected if Mr. Roudebush is permitted to be involved in NRC-licensed activities. Therefore, the public health, safety and interest require that Christopher V. Roudebush be prohibited from any involvement in NRC-licensed activities for a period of five years from the date of this Order. Additionally, Mr. Roudebush is required to notify the NRC of his first employment in NRC-licensed activities for a period of five years following the prohibition period. Furthermore, pursuant to 10 CFR 2.202(a)(5), I find that the significance of Mr. Roudebush's conduct described above is such that the public health, safety and interest require that this Order be immediately effective. VI Accordingly, pursuant to sections 81, 161b, 161i, 161o, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202, 10 CFR 30.10, and 10 CFR 150.20, it is hereby ordered, effective immediately, that: A. 1. Christopher V. Roudebush is prohibited for five years from the date of this Order from engaging in NRC-licensed activities. NRC- licensed activities are those activities that are conducted pursuant to a specific or general license issued by the NRC, including, but not limited to, those activities of Agreement State Licensees conducted pursuant to the authority granted by 10 CFR 150.20. 2. Mr. Roudebush is permitted to conduct licensed activities as necessary to maintain licensed material in the possession of KTL Roudebush Testing in safe storage, as required by the March 11, 2004, Order Suspending License (Effective Immediately), and to transfer the material to an authorized recipient, as required by the December 30, 2004, Order Revoking License. B. If Mr. Roudebush is currently involved with another licensee in NRC-licensed activities, he must immediately cease those activities, and inform the NRC of the name, address and telephone number of the employer, and provide a copy of this Order to the employer. C. For a period of five years after the five year period of prohibition has expired, Mr. Roudebush shall, within 20 days of acceptance of his first employment offer involving NRC-licensed activities or his becoming involved in NRC-licensed activities, as defined in Paragraph VI.A. above, provide notice to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, of the name, address, and telephone number of the employer or the entity where he is, or will be, involved in the NRC-licensed activities. In the notification, Mr. Roudebush shall include a statement of his commitment to compliance with regulatory requirements and the basis why the Commission should have confidence that he will now comply with applicable NRC requirements. The Director of the Office of Enforcement or the Regional Administrator, Region III, may, in writing, relax or rescind any of the above conditions upon demonstration by Mr. Roudebush of good cause. VII In accordance with 10 CFR 2.202(b), Christopher V. Roudebush must, and any other person adversely affected by this Order may, submit an answer to this Order, and may request a hearing on this Order, within 20 days of the date of this Order. Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for extension of time must be made in writing to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and include a statement of good cause [[Page 1911]] for the extension. The answer may consent to this Order. Unless the answer consents to this Order, the answer shall, in writing and under oath or affirmation, specifically admit or deny each allegation or charge made in this Order and shall set forth the matters of fact and law on which Mr. Roudebush or other person adversely affected relies, and the reasons as to why the Order should not have been issued. Any answer or request for a hearing shall be submitted to the Secretary, U.S. Nuclear Regulatory Commission, Attn: Rulemakings and Adjudications Staff, Washington, DC 20555. Copies also shall be sent to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, to the Assistant General Counsel for Materials Litigation and Enforcement, Office of the General Counsel, at the same address, to the Regional Administrator, NRC Region III, 2443 Warrenville Road, Suite 210, Lisle, IL 60532-4352, and to Mr. Roudebush if the answer or hearing request is by a person other than Mr. Roudebush. Because of continuing disruptions in delivery of mail to United States Government offices, it is requested that answers and requests for hearing be transmitted to the Secretary of the Commission either by means of facsimile transmission to (301) 415-3725 or by e-mail to [ OGCMailCenter@nrc.gov] . If a person other than Mr. Roudebush requests a hearing, that person shall set forth with particularity the manner in which his interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309. If a hearing is requested by Mr. Roudebush or a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearing. If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained. Pursuant to 10 CFR 2.202(c)(2)(I), Mr. Roudebush, may, in addition to demanding a hearing, at the time the answer is filed or sooner, move the presiding officer to set aside the immediate effectiveness of the Order on the ground that the Order, including the need for immediate effectiveness, is not based on adequate evidence but on mere suspicion, unfounded allegations, or error. In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions specified in Section IV above shall be final 20 days from the date of this Order without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions specified in Section IV shall be final when the extension expires if a hearing request has not been received. An answer or a request for hearing shall not stay the immediate effectiveness of this Order. Dated this 30th day of December, 2004. For the Nuclear Regulatory Commission. Martin J. Virgilio, Deputy Executive Director for Materials, Research and State Programs, Office of Executive Director for Operations. [FR Doc. 05-478 Filed 1-10-05; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 30 Guardian Unlimited: Kin of Sick Nuke Workers to Get Checks From the Associated Press [UP] Tuesday January 11, 2005 10:46 PM By NANCY ZUCKERBROD Associated Press Writer WASHINGTON (AP) - Hundreds of survivors of nuclear weapons workers will soon receive checks from the government under a newly revamped program to compensate those exposed to radiation and other industrial toxins, Labor Department officials said Tuesday. Workers who are still living will have to wait to receive checks until the agency publishes regulations, probably in May, detailing how it will compensate them, according to Shelby Hallmark, who heads the Labor Department's worker compensation programs. Hallmark said compensating the workers for their disabilities and lost wages will rely on a more complicated formula than the lump-sum payments for at least $125,000 made to spouses or dependent children of workers who died from job-related illnesses. Congress gave the Labor Department authority over the compensation program in October after lawmakers complained the Energy Department was running it too inefficiently. ``Their sacrifice helped keep America free, and they, or their surviving loved ones, deserve quick and compassionate compensation,'' Labor Secretary Elaine Chao said of the Cold War-era workers who are seeking compensation for disabling illnesses and time off the job. Hallmark said the agency will review all the claims that the Energy Department previously examined, including those deemed ineligible for compensation. However, he cautioned that could take time. ``We want to work on the ones that we can actually pay quickly first,'' he said. House and Senate lawmakers criticized the Energy Department for squandering nearly $100 million it received since Congress created the program a little more than four years ago. The Energy Department said it paid out benefits to just over 100 claimants out of about 25,000 who filed for help before the agency ceded control of the program to the Labor Department. Chao said the Labor Department has paid three claims to survivors - in Tennessee and Kentucky - since becoming involved in the program, but she said payments for about 100 more have been approved and will be paid in the next month. Additional claims from survivors will be settled before May, Hallmark said. The Labor Department faces serious challenges in assuming control over the program. One government official said the Energy Department had left behind boxes of unopened mail, which must be sorted and placed in the appropriate case files. Richard Miller, a policy analyst with the nonprofit Government Accountability Project, said that's all the more reason to re-evaluate cases turned down by DOE. ``You need to take the mail that wasn't opened and make sure that new information might not have had an impact on the final decision,'' Miller said. In addition to moving the program to the Labor Department, Congress required the federal government - not contractors who ran the nuclear sites - to pay the bills. Worker advocates favored the move because some people deemed eligible for compensation were not getting paid. Contractors were gone, they contended, and in some cases the government could not compel contractors to pay because they were privately insured. Most of those who filed claims worked for contractors at Energy Department facilities in Colorado, Idaho, Iowa, Kentucky, Nevada, New Mexico, Ohio, South Carolina, Tennessee and Washington. Hallmark estimated the program would cost more than $2 billion over 10 years, but other estimates by congressional budgeters have been significantly lower. ^--- On the Net: Labor Department: http://www.dol.gov/ Energy Department: http://www.energy.gov/ Guardian Unlimited © Guardian Newspapers Limited 2005 ***************************************************************** 31 Bellona: Russia scrapped 17 nuclear powered submarines in 2004 The head of the Federal Atomic Energy Agency Alexander Rumyantsev stated this at his press conference in the end of December 2004. 2005-01-11 18:13 The empty reactor units of the dismantled submarines were placed afloat for temporary storage, the minister said. Besides, ”The special trains carried out 12 shipments of the spent nuclear fuel unloaded from the submarines to the Mayak plant in 2004” he added. ”Two nuclear service ships were prepared for temporary storage afloat” Rumyantsev said. In 2004, Zvezda and Zvezdochka shipyards reprocessed 874 cubic meters of the liquid radioactive waste and 1,588 tonnes of solid radioactive waste, which was placed in the temporary packages, ITAR-TASS quoted the Russian nuclear power minister. Publisher: [bellona@bellona.no] , President: [frederic@bellona.no] Information: [info@bellona.no] , Technical contact: [webmaster@bellona.no] Telephone: +47 23 23 46 00 Telefax: +47 22 38 38 62 * P.O.Box 2141 Grunerlokka, 0505 Oslo, Norway ***************************************************************** 32 Las Vegas SUN: No terrorism threat found in LV rail probe Ex-official says tank cars still needed security By Steve Kanigher and Ed Koch LAS VEGAS SUN The "credible terrorism threat" that prompted the Federal Railroad Administration to send a train inspector to Las Vegas on Dec. 31, 2003, turned out to be radioactive medical waste with no terrorist connection. But George Gavalla, a former associate administrator for safety at that agency, said Monday that chemical tank cars that were discovered unattended at area rail yards still should have had human security because Las Vegas was under heightened terrorism alert leading up to that New Year's Eve. Railroad officials argue that heightened alert does not include constantly watching every one of the more than 1.7 million hazardous materials tank cars that traverse the United States and Canada each year. They maintain that their security is heightened and that incidents are on the decline because of it. The New York Times initially quoted Gavalla in its Sunday editions about the unattended cars. The inspector found six unattended tank cars intended for chlorine gas at the Union Pacific rail yard at Arden, 13 miles southwest of McCarran International Airport, and four unattended tank cars possibly containing poisonous gas at Union Pacific's Henderson rail yard north of Interstate 215 and west of Stephanie Street. When the inspector also visited the Union Pacific rail yard downtown, he was not challenged by any train crew members, the Times reported. In a follow-up telephone interview with the Sun, Gavalla said the inspector was never able to confirm whether or not the unattended tank cars actually contained chemicals. But Gavalla said that following the 9/11 terrorist attacks, the Association of American Railroads, a Washington trade group, told the Federal Railroad Administration that railroads would provide their highest levels of security to tank cars that were located in highly populated urban areas during times of heightened terrorism alert. "They should impose their highest and most stringent resources," Gavalla said. "There is supposed to be close surveillance. Even empty tank cars contain residue." Las Vegas was one of several large cities nationwide that was under heightened alert the day of the train inspection. The train inspector was sent to Las Vegas following reports that Energy Department scientists had picked up suspicious radioactivity during surveillance in Las Vegas. "We were alerted about the possibility of a dirty bomb," Gavalla said. "We had been warned about potential terrorist threats because of the New Year's celebration." The radioactivity that was detected in the Las Vegas Valley turned out to be a radioactive isotope used to treat cancer. The radium pellet, deemed to be medical waste, was initially found by a homeless man who kept it in a storage unit. There were no arrests. Because the railroad industry promised to beef up security in response to possible terrorism, the federal government never mandated a particular level of security, Gavalla said. It was simply left up to the railroads' discretion, he said. "The key question is, how much of their plans have they implemented?" Gavalla said. "If you find situations where security plans aren't being implemented, maybe you need to look at federal mandates." But officials with the Association of American Railroads and Union Pacific Railroad counter that the train industry has officials who sit on the highest level of federal anti-terrorism boards and that the plan currently in force is working to keep the railway system safe from potential attacks. "With 1.7 million hazardous material tank cars moving annually in the United States and Canada, there is no way to physically have someone watch every tank car," said Tom White, spokesman for the Association of American Railroads. "Railroads have provided additional security and continue to provide it. there are more patrols, more police surveillance and more video surveillance." Since the terrorism attacks of Sept. 11, 2001, there have been no "specific" terrorism acts related to American railroads, officials said. "We've seen generalized things like photos of rail equipment found on al-Qaida in Afghanistan, but no specific threat information," White said. He noted, however, that stepped-up security to address general incidences has resulted in complaints from American train buffs angered over being chased off railroad property while trying to photograph passing trains for their hobby. Also, the railroads are even more vigilant about trying to keep people from hopping freight cars, he said. But White said that is more for safety reasons than for potential terrorism activities. "I feel comfortable with the security plans that have been adopted to make our system more secure," White said of overall rail security. "We have made it a much more difficult target for terrorists. "Terrorists don't want to deal with targets that are more difficult. Potential terrorists have to wait a long time to find a car that contains chlorine. Many trains go by with no hazardous materials. If they have to sit and wait a long time that makes them conspicuous. That's something terrorists do not like." John Bromley, spokesman for Union Pacific, said heightened security measures for the railroad have included restricting access to facilities, cutting off public tours and adding guards to some installations where officials believe it is necessary. "We've educated our employees of the need to look for trespassers and be suspicious," Bromley said. "They are our eyes and ears. They do thorough jobs and notify dispatchers who work with railroad police and local authorities." White said the reason Las Vegas railroad employees might not have challenged the inspector on New Year's Eve 2003 is they probably recognized him as a regulator of their industry. Bromley agreed that safety and security measures that the railroad industry has taken have made rail shipments much safer. "Since 1980 there has been an 87 percent decline in hazardous material accident rates," Bromley said. Bromley declined to comment on Gavalla's statements, saying, "Rail is the safest way to move this type of material. We have an outstanding record in safely delivering hazardous materials. And we have been concerned about chemical shipments since way before 9/11." ***************************************************************** 33 DenverPost.com: Whistle-blowers reap, but process takes time Tuesday, January 11, 2005 By Alicia Caldwell Denver Post Staff Writer Post file / Glenn Asakawa Oilman Jack Grynberg in a 2000 photo. Oilman Jack Grynberg was doing some calculations in the mid-1990s when he noticed something quite peculiar. It seemed to him that an energy company extracting carbon dioxide from federal lands in Montezuma County was substantially underpaying royalties to the government. Grynberg, whose offices are in the Denver Tech Center, was outraged. And he did something about it. He filed a "qui tam" lawsuit under a little-known segment of federal law that gives whistle-blowers the right to pursue those they think are stealing from the government. Justice isn't the only potential reward, either. Those who are successful get a hefty chunk of any money recovered. Grynberg, who has been pushing the case for seven years, said he is close to reaching an agreement that would give him a significant piece of a $6 million settlement that the energy company reached with the federal government. He plans to donate much of his share - which he thinks will range from 15 percent to 25 percent - to a scholarship fund. But he's distressed it took so long. "This is the problem with justice," Grynberg said. "It's slow." False Claims Act cases are ponderous, often grinding along for years. And it's not unusual for whistle-blowers to lose their jobs and even their careers. Even so, monetary recovery in false-claims cases has been increasing nationwide during the past decade, according to the U.S. Department of Justice. In 1994, the total was $382 million. In 2003, that number increased to $1.56 billion. The False Claims Act was enacted during the Civil War to "deputize" private citizens to take action against those defrauding the government. The laws had fallen out of use in modern times, said James Moorman, president and chief executive of the False Claims Act Legal Center, a nonprofit based in Washington, D.C. But defense-contracting scandals led lawmakers to revise the laws in 1986. "You remember the $500 hammer and the $800 toilet seat?" Moorman said. "This was one of the reforms passed to deal with this." In Colorado, cases have ranged from quirky to high profile, including a recent $2.4 million settlement with an insurance company accused of cheating the U.S. Postal Service on bulk-mail rates and $300,000 to dismiss claims of botched runway construction at Denver International Airport. While the rewards can be great, the process often is taxing. Take it from Doug Ruder, who was trucking supplies to a concrete contractor at DIA in the early 1990s when he realized that something wasn't right with the runways. By calculating the amount of aggregate the contractor was using, Ruder realized the concrete was far too watery and would make for weak runways. He worried about them cracking under the pressure of fully loaded jets touching down and thought that a serious accident could happen. "The potential is just something I couldn't live with," Ruder said. He said helping the government investigate became a part-time job. But he said he was convinced it was the right thing to do. Ruder attributes his divorce to the stress of the case. And for a decade, he found it difficult to find work that was befitting his experience in the concrete business. In 2000, the case was settled. Ruder said he and another whistle-blower shared $60,000. "It worked out to about 3 cents an hour," he said, adding that he'd do it again. Typical are cases against health-care companies and defense contractors. In 1999, a Colorado jury found Rockwell International liable for violating the False Claims Act. The company had been accused of falsifying reports about its work at Rocky Flats and received bonuses as a result of those reports. The jury awarded $1.4 million to the federal government and a former Rockwell engineer - an amount that was tripled, which is provided for in federal law. James Stone, who was a lead engineer for the operation near Golden, filed the False Claims Act lawsuit in 1989. Stone said Rockwell violated numerous environmental and safety regulations, including mishandling dangerous substances such as plutonium and beryllium. He says he was fired in retaliation for his vociferous objections to the company's practices. The 80-year-old Lakewood resident said he has seen several appeals of the judgment, and so far, he has prevailed. What Stone hasn't seen is any money. "They not only didn't pay anything, but they blackballed me," Stone said. "The industry is spooky about whistle- blowers. But I don't see myself as a whistle-blower. I see myself as a good engineer." Christopher Koenigs, a lawyer representing Boeing North American in the case, declined to comment because an appeal is pending. Boeing has acquired Rockwell since the litigation began. According to the law, the government gets a chance to intervene in any false-claims action brought. "Qui tam" is an abbreviated Latin phrase meaning "he who sues on behalf of the king as well as for himself." In the Grynberg case, which centered on a dispute over whether the BOC Group was paying enough in royalties, the federal government chose to intervene. BOC had a contract to extract natural carbon dioxide from properties owned by the federal government in the Four Corners area. BOC was obligated to pay royalties of 12.5 percent of the value of the gas it extracted, with certain adjustments for costs. The government and Grynberg alleged that BOC vastly underreported the actual value of the gas extracted. There have been many turns in the case since it was filed in 1997, including a jury trial on one issue - in which Grynberg lost. Two appeals filed by Grynberg are pending. Meanwhile, the government settled with BOC for $6 million, an amount that was set aside pending appeals. Grynberg said he is negotiating with the government for a part of that settlement. John Moorhead, a lawyer for BOC, which is based in New Jersey and has an office in Arvada, called the False Claims Act an "egregiously punitive statute." By allowing for triple damages and civil penalties of $11,000 for each false statement, BOC could have faced a judgment of hundreds of millions of dollars, Moorhead said. He called the resolution a "pragmatic settlement" to an exaggerated claim. Also settled recently was a case that came out of a tiny post office in Howard, Colo., near Salida. Consumer Insurance Group employees were accused of falsifying documentation and driving out of their way to get a substantially reduced rate on its bulk mailings at the Howard post office. Mary Holmes, a postmaster from nearby Poncha Springs, found out about it, contacted postal inspectors and filed a false-claims action in 1999. The government intervened and contended CIG was submitting false invoices about the weight of each of its mailings to get a lower rate - one that equated to 8 cents per piece instead of nearly 19 cents a piece, according to the lawsuit. CIG was accused of sending about 8.4 million pieces of mail at the lower rate between October 1994 and 1997. CIG's lawyer, Leonard MacPhee, declined to comment. In pleadings, CIG contended that if there was an error in payment, it wasn't intentional. As the case approached trial, the government said it would ask a jury for as much as $9.4 million in damages and penalties. The $2.4 million settlement was approved, and Holmes' share was negotiated to be 17 percent, or $408,000. Staff writer Alicia Caldwell can be reached at 303-820-1930 or acaldwell@denverpost.com [acaldwell@denverpost.com] . All contents Copyright 2005 The Denver Post or other copyright ***************************************************************** 34 NRC: NRC Increases Security Requirements for Portable Gauges Containing Radioactive Materials News Release - 2005-00 U.S. NUCLEAR REGULATORY COMMISSION Office of Public Affairs Telephone: 301/415-8200 Washington, DC 20555-0001 E-mail: opa@nrc.gov No. 05-007 January 11, 2005 The Nuclear Regulatory Commission is amending its regulations to require licensees for portable gauges containing radioactive material to use two independent physical controls to secure the gauges against theft. In a final rule to be published shortly in the Federal Register, the NRC will require two independent physical controls for these gauges when they are not under the control and constant surveillance of the licensee. Examples of two controls include securing the device in a locked storage facility within a separate secured area in a warehouse, or inside a locked van and secured to the vehicle with a steel cable. Examples of acceptable storage in a pickup truck would include placing the gauge inside a locked, non-removable box and further securing the box with a steel cable or chain; and keeping it inside the locked cab of the pickup, secured independently to the vehicle. The NRC believes that increasing physical controls will deter thieves by making it more difficult to steal portable gauges. At a minimum, two controls would delay a thief and draw attention from bystanders that may prevent the theft. There are an estimated 22,000 to 25,000 portable gauges in use in the United States to determine physical properties such as density and moisture content of soil, concrete and other materials. The gauges typically contain two encapsulated sources of radioactive material, which vary in the radioisotope used and its quantity. Current NRC regulations require licensees to secure portable gauges in storage or maintain control and constant surveillance of the gauges when not in storage. Generally, the gauges are stored in a permanent storage location within a licensed facility. Sometimes, portable gauges are stored at a job site, a temporary storage location or on a vehicle. When being transported in a vehicle, a gauge is often placed in a transportation case and then secured in or onto the vehicle. Despite these precautions, about 50 such gauges are reported stolen each year, with the recovery rate less than 50 percent. More than two-thirds of the stolen gauges were taken from vehicles parked in the open; most of these were stored in a portable transportation case and secured with a metal chain to the open bed of a pickup truck. The amount of radioactive material used in a portable gauge is small, and the material is encapsulated in stainless steel; nonetheless, the theft of portable gauges poses a concern to public health and safety. A stolen gauge poses a potential radiation hazard to individuals who may come into close contact with the source. It also poses an environmental concern if it is abandoned, inadvertently recycled or used inappropriately. Due to the quantity and characteristics of the radioactive material used, the NRC does not believe portable gauges pose a substantial national security risk for malevolent use such as in a dirty bomb. There is no discernible pattern to suggest that gauges are being stolen for terrorist purposes. However, loss of control of radioactive material still poses a potential health and safety risk to the public. The NRC is increasing this security requirement based on health and safety considerations rather than common defense and security concerns. The final rule contains the exact requirements of a proposed rule published in the Federal Register on August 1, 2003. The NRC received 11 comment letters on the proposed rule; comments and NRC responses are summarized in the forthcoming Federal Register notice. The final rule becomes effective 180 days after publication. Last revised Tuesday, January 11, 2005 ***************************************************************** 35 Bradenton Herald: More toxic Tallevast tests emerge | 01/11/2005 | DONNA WRIGHT Herald Staff Writer Six of the 120 beryllium sensitivity tests submitted so far by former workers and Tallevast residents to National Jewish Medical and Research Center are positive, the Denver-based lung center reported Monday. Ray Stephens, former union negotiator at the now-defunct Loral American Beryllium Co., knows of three other workers who tested positive in tests analyzed by speciality labs elsewhere in the country. That brings the total of known positives to nine, Stephens said. The 120 tests performed at National Jewish Center include 94 blood samples taken through the county's free beryllium test program in December. Three of the six positives recorded by National Jewish Center were from those 94 tests. Heather Davis, coordinator of the beryllium program at the National Jewish Center, urged caution in interpreting test results without knowing how many of the people tested were workers and how many are residents. Dr. Gladys Branic, health department director, last week refused to share the breakdown of those tested through the county program because of privacy laws. "It's hard to tell what this all means because all we have are numbers," Davis said. "But we do know that 5 percent of those tested at National Jewish Center are positive." The percentage of positives falls within the normal range for an exposed population, Davis said. "Interpreting beyond that is very hard because we don't know the extent of exposure or where and how they were exposed," Davis said. American Beryllium employees and residents who lived nearby the plant from 1961 to the mid-1990s may have been exposed to beryllium dust created when the exotic metal was machined to produce parts for nuclear weapons and missile guidance systems. An abnormal or positive result to the beryllium sensitivity test means that a person has developed an allergic reaction to the beryllium dust. That allergic reaction may lead to a serious lung condition called chronic beryllium disease, say experts at National Jewish Center. Wanda Washington, vice president of FOCUS, a Tallevast advocacy group, declined to comment on the most recent test results from National Jewish Center. Stephens believes there will be more positives, given the numbers of claims filed by former Loral American Beryllium Co. employees for a federal medical benefits/compensation program offered to beryllium workers who worked on government projects. As of Dec. 15, 159 claims representing 144 workers have been filed by former American Beryllium employees or their relatives with the U.S. Department of Labor. A positive beryllium sensitivity test is one of the tests necessary for claim approval. So far, two claims have been paid and 18 have been denied. Stephens and other former union officials, including Terry Owen and James R. Huff Jr., are trying to create a database of former workers and their test results. They also want to make sure former workers know about the compensation program and about the free tests available through grants from Manatee County and the federal government. The second cycle of free beryllium tests available through the Manatee County Health Department will be offered by appointment only on Jan. 19 and 26. The Florida Department of Health recently received $50,000 in federal funding to provide beryllium blood tests for workers regardless of where they live. Details have yet to be announced. Because beryllium sensitivity can take up to 30 years to develop, Davis recommends those with a negative test result and history of beryllium dust exposure be retested in three to five years. Former Beryllium workers sought Former union officials are seeking contact information and test result data for former Loral American Beryllium workers. If you have information, contact: • Terry Owen, 371-5207 • Ray Stephens, 953-9628 or e-mail [Rstephe726@aol.com] • James R. Huff Jr., 371-5101 or e-mail [jrhj@comcast.net] ***************************************************************** 36 Las Vegas RJ: Nevada entitled to more funds to fight Yucca, lawyers say Tuesday, January 11, 2005 Court to decide whether energy secretary can increase state's $1 million allocation By STEVE TETREAULT STEPHENS WASHINGTON BUREAU WASHINGTON -- Lawyers for the state of Nevada returned to federal court Monday over Yucca Mountain, arguing the state is entitled to millions more dollars to contest the proposed nuclear waste repository. Nevada was short-funded when it was given only $1 million to monitor the Energy Department project last year, a three-judge panel was told. The sum was $4 million less than state officials believed necessary to pay scientists and hire experts for upcoming repository license hearings. Robert Cynkar, one of the state's nuclear waste lawyers, said the government is obliged by law to make sure Nevada has a meaningful voice in Yucca Mountain, where DOE plans to bury 77,000 tons of highly radioactive spent nuclear fuel. "The question of how Nevada spends its money is fundamental," Cynkar said, saying funding limits "would prevent Nevada from participating." The question before judges in the U.S. Court of Appeals for the District of Columbia Circuit was whether Energy Secretary Spencer Abraham could increase the $1 million allocation, which was in an appropriations bill passed by Congress. Justice Department attorney Ronald Spritzer, representing DOE, said Abraham's hands were tied. "Clearly, when Congress makes an appropriation, it is a ceiling unless Congress expresses otherwise," Spritzer said. "The agency can't supplement the money that Congress has provided." The case could hold implications for Nevada's fight against Yucca Mountain at a time when it could get expensive. State officials have said they would need to spend up to $10 million annually during repository licensing that could take four or five years. A loss in court could require the state to come up with millions of dollars out of its own pocket to continue challenging the repository, further testing the state's resolve against the project. "The citizens of Nevada would have to pay the costs rather than the guys who made the garbage," Cynkar said. In November, the Nevada Legislature's Interim Finance Committee approved $1.1 million from a contingency fund to allow the state Agency for Nuclear Projects to continue operations while its seeks more money from the government. In court, judges focused on the $1 million appropriation. "Doesn't that suggest that's what Congress intended Nevada to get for these activities?" Judge David S. Tatel asked Cynkar. "Your theory is that Nevada is entitled to whatever it needs." Cynkar responded Nevada doesn't believe it is entitled to a "blank check." The judges also expressed interest in whether Nevada should be allowed to use nuclear waste funds in the first place to take part in Yucca licensing, a quasi-judicial proceeding that will be run by the Nuclear Regulatory Commission. The Nuclear Energy Institute argued in a court brief that there is nothing in law that says the nuclear waste fund should pay for Nevada to fight Yucca Mountain at the NRC. A ruling is expected in the next several months, attorneys said. Copyright Las Vegas Review-Journal ***************************************************************** 37 Las Vegas RJ: Experts: Perchlorate lessharmful than thought Tuesday, January 11, 2005 By SAMANTHA YOUNG STEPHENS WASHINGTON BUREAU WASHINGTON -- A panel of scientists Monday concluded that perchlorate, a toxic rocket fuel chemical that has leaked into Lake Mead, is safe to be consumed at levels 20 times greater than a standard being considered by the government. A 192-page report issued by the National Academy of Sciences concludes that perchlorate, once manufactured in Henderson by Kerr-McGee Chemical Corp., is not harmful to children and adults at low levels. Environmental groups were critical of the report, which they said relied on narrow studies. The groups said the 15-member science panel was pressured by the Bush administration, the Pentagon and defense contractors, who would stand to save billions of dollars in perchlorate cleanup if weaker standards are put in place. Academy officials said the panel consisted of academics who were checked for conflicts of interest and had no vested interest in the outcome. The Environmental Protection Agency in 2002 recommended a preliminary standard of 1 part per billion, about a half teaspoon of salt dissolved in an Olympic-size swimming pool. The agency has not finalized a standard to regulate the chemical, which has been found in drinking water in at least 35 states. The new report is expected to influence the agency as it moves to form national health standards for the toxic chemical, which can harm thyroid functions. EPA officials did not comment Monday. A White House official said the report, which was commissioned by the Pentagon, the Department of Energy, NASA and the EPA, would be reviewed by all agencies before any national drinking water standards are proposed. "It's clear that EPA will reconsider their guidance and draft a new reference dose with other agencies," said Bob Hopkins, spokesman with the White House Office of Science and Technology. Southern Nevada officials said the report is a step toward more certainty in determining what are safe levels of perchlorate in drinking water. "This moves us closer to having a tangible, enforceable health standard that we can meet," said J.C. Davis, spokesman for the Southern Nevada Water Authority, which supplies Las Vegas with 90 percent of its water from Lake Mead. "Whatever the standard is, we're going to meet that standard," Davis said. The study will have little effect on projects to clean up perchlorate that has leached into the Las Vegas Wash and Lake Mead, Davis and others said. Cleanup continues in Southern Nevada, where Kerr-McGee has a system that filters perchlorate groundwater before it flows into the lake. Todd Croft, who is supervising the perchlorate cleanup for the Nevada Division of Environmental Protection, said the academy report was useful, but the state would continue its oversight of Kerr-McGee and American Pacific, a second polluter, until all parties were satisfied. Croft said the effort could take at least 20 years using current technology. "Regardless of a federal standard, we've been moving forward with our cleanup efforts here since perchlorate was first found since '97," Croft said. "The state has to agree the cleanup is done before Kerr-McGee can stop." The Kerr-McGee effort has reduced by more than half the perchlorate levels that were detected in Lake Mead, Croft said. Last year, the average perchlorate level at lake registered at 5 parts per billion, the Southern Nevada Water Authority said. "Our cleanup is in place, and we're operating under an agreement with the state, and that won't change with the National Academies report," said Patrick Corbett, who oversees the cleanup program at Kerr-McGee. The academy board concluded that the daily amount of perchlorate that a person could consume safely was about 0.0007 milligrams per kilogram of body weight, 20 times more than the dosage that EPA had assumed in proposing its 1 part per billion drinking water standard. Several environmental groups said the new information could lead the EPA to adjust its proposed standard to 2.5 parts per billion, not as tough but more stringent than the 200 parts per billion sought by the Department of Defense. Gina Solomon, a scientist with the Natural Resources Defense Council, a liberal group that has been critical of the Bush administration, said the academy panel was selective in relying on one study that surveyed seven healthy adults. Solomon said the panel recommended pregnant women who drink perchlorate-contaminated water take iodine supplements. "They should be recommending that pregnant women not be exposed to perchlorate," Solomon said. "It's like putting a pregnant woman in a room full of smokers and giving her a gas mask." Copyright Las Vegas Review-Journal ***************************************************************** 38 mineweb: Uranium to be supply driven rather than inventory driven [http://www.mineweb.com] By: Rhona O'Connell Posted: '11-JAN-05 07:00' GMT © Mineweb 1997-2004 LONDON (Mineweb.com) -- At the inaugural Uranium Mining Conference held in London on January 10th by stockbrokers Hargreave Hale in conjunction with LM Associates and at which six uranium producers or explorers / developers presented (of which more later this week), the Keynote address concerned the changes in and outlook for the uranium market itself. The paper was delivered by Dustin J. Garrow, President of International Nuclear Inc., and a seasoned member of the market, with over thirty years’ experience in the uranium and nuclear power industries. His primary conclusions were that the international uranium market is in transition from being inventory-driven to production-driven. Demand is set to outstrip supply by a considerable margin, the inventories built up during the period of excess (effectively from 1945 to 1986) will not be sufficient to supply the developing shortfall and the uncertainty over potential uranium supply through to 2010 suggests the development of shortages. He contends that the future price trend will accordingly be determined by the price necessary to support new production centres and that a term uranium price at or above US$30 per pound (of U3O8) is not unreasonable. He also stressed that it is important, when looking at the market, to consider the long-term contract prices that are being struck rather than the spot price, as not much more than 10% of uranium transactions are concluded at spot with the rest in term contracts. Secondary uranium sources are rapidly declining, notably the US-Russian highly-enriched uranium programme, which has been delivering uranium to the market at the rate of 24m lb per annum and this level is not thought to be viable for the future. In addition China is in transition from being a uranium exporter to importer. And critically, of course, the collapse in market prices through the 1980s and 1990s following record levels at the end of the 1970s (reminiscent of another highly-priced metal) has meant that there was a dearth of exploration during the 1980s and the first half of the 1990s. This was a key feature of some of the producers’ presentations as a number of them have picked up cheap properties and are now looking to develop or joint venture (see separate piece later this week). As a consequence of market developments, uranium mine production dropped significantly in the first half of the 1980s from approximately 150M lb at the start of the 1980s, when it just exceeded demand, to below 100m lb per annum during the 1990s, while consumption was rising from roughly 150M lb towards 175M lb per annum. Nuclear power generation has been on the increase over the past decade although during the 1990s there was little freshly commissioned greenfield capacity. This has been due to improved reactor performance, increased fuel burn-up (i.e. the amount of energy recovered from the fuel bundles), extended fuel cycles, and capacity increases of between 5 and 15% at existing plants. The average load factor in the United States has risen from approximately 65% in 1990 to roughly 90% by 2000, while the extension of the fuel cycle now means that the period between refuelling the core in the reactors has extended significantly and now runs at between 18 and 24 months, whereas in the 1970s it could be as short as twelve months. In addition, the average capacity factor for nuclear plants stood in 2003 at 89.6%, compared with 70.6% for coal, while the natural gas-fired plants were operating at only approximately 40% of the time – and renewable, wind-powered plants only operated for one-third of the time. These increases in efficiency have resulted in considerable cost reduction and in the US nuclear power is now competitive with coal and natural gas ($31-46/MWh post absorption of early plant costs, against $33-41/MWh for coal and $35-45/MWh for batural gas). This is one of the factors that have led to a renaissance of the industry. The present picture shows increases in capacity underway internationally. China has plans to increase its nuclear capacity and India has several reactors either planned or under construction. Russia is now completing plants whose construction was halted when the old Soviet regime was disbanded. Finland has just ordered its fifth nuclear reactor while France, which uses nuclear sources for 78% of its energy supplies, has agreed to build the prototype for the European Pressurised Water Reactor. Meanwhile in the United States, 27 reactors are under construction, with 37 planned, thus adding to the 143 reactors already in place. Over and above this, a number of plants are receiving 20-year extensions to their licences. Between March 2000 and October 2004, 30 reactors were granted 20 year extensions to their original licences of 40 years; a further 16 renewal applications have been filed with another 22 expected, meaning that just under half of the installed reactors are expected to receive licence extensions. All of this points to a sustained shortfall in supply and clear scope for fresh mine production. Given that, as one of the presenting companies pointed out, uranium comprises only 1% of nuclear reactors’ costs, the fundamentals of the market point to sustainable higher prices and a recent academic study suggested that $30-40/lb is not unrealistic for the medium term. Clearly there are other issues at stake given that the market remembers Mount St Helen’s and Chernobyl, but the political will appears to be strong enough for the market to support fresh mine production. © Mineweb, a division of Moneyweb Holdings Limited, 1997-2004. website. http://www.mineweb.net] ***************************************************************** 39 Las Vegas SUN: Terrorism threat prompted LV rail probe in '03 Experts study transportation safety issues By Mary Manning and Jace Radke LAS VEGAS SUN Nevada transportation experts are concerned about a report of unguarded trains possibly carrying hazardous materials near Las Vegas despite a heightened terror alert level on New Year's Eve 2003. A Federal Railroad Administration inspector was sent to Las Vegas after a "credible terrorist threat" arose on Dec. 31, 2003, and visited a railyard 13 miles from McCarran International Airport, the New York Times reported in Sunday's edition. The inspector had been sent to the Las Vegas Valley by George Gavalla, a former associate administrator at the railroad administration, and the inspector found six unguarded tank cars with markings indicating they might contain chlorine gas, according to the New York Times report. Two hours after his initial discovery, the inspector visited another railyard in the valley and found four tank cars and they, too, were unguarded, the New York Times story notes. The inspector visited three railyards around the valley on the night of Dec. 31, 2003, and was never challenged or talked to, the story said. A Federal Railway Administration spokesman today referred calls to the Transportation Security Administration, but a TSA spokesman was not available. The FRA handles rail safety and dispatches inspectors, but TSA is ultimately responsible for rail security. Sheriff Bill Young said he remembers talking about security for railroad tank cars during meetings leading up to New Year's Eve 2003 when Las Vegas was under an elevated code orange threat level. "I recall that we had very little information on the railways at the time," Young said. "I think we ended up having all the tank cars moved outside of town so that we didn't have to station officers at all the railyards." It was unclear in the New York Times report if the tank cars contained a dangerous substance, a nondangerous substance or were empty. "He could have very well seen cars at a yard 13 miles south of town," Young said of the rail inspector. "We didn't want any trains in town that night." The issue of rail security is of particular importance to Las Vegas because of the federal plan to open a high-level nuclear waste repository at Yucca Mountain, 90 miles northwest of Las Vegas. State and local experts have been studying potential effects from truck or train accidents and the potential for subsequent releases of radioactivity. Each year, the rail industry ships roughly 1.7 million rail car shipments of hazardous materials, said Tom White, a spokesman with the Association of American Railroads. "To individually guard every one of them would be an impossibility," he said. The industry works closely with intelligence agencies and the Department of Homeland Security on security issues, White said. The industry underwent a lengthy security review after Sept. 11, 2001, and permanently implemented 52 new security measures, White said. The industry employs another 78 specific security measures in certain situations, depending on the threat credibility and type, he said. "The railroad industry takes security and safety with these shipments very seriously," White said. The New York Times report followed a train crash Thursday in South Carolina that illustrated the potentially fatal nature of chlorine. Nine people were killed, 58 were hospitalized and hundreds more sought treatment. The ninth body was discovered Saturday and thousands of people have been kept from their homes. In Las Vegas railroad tracks run roughly parallel to the Las Vegas Strip at a distance of about a half mile, Union Pacific spokesman John Bromley said. Union Pacific, the nation's largest railroad and largest hauler of chemicals by rail, estimates that roughly 5 percent of its shipments nationwide involve hazardous materials. There are hazardous materials traveling along Las Vegas tracks every day, Bromley said. Reached Sunday, Young said he wasn't sure exactly what kinds of precautions were taken at railyards in Las Vegas during this year's New Year's celebration, and would have to check with his homeland security unit. He did note that there was no information of a possible attack this year, unlike last year. While the extreme security precautions used in 2003 -- such as helicopters with armed federal agents flying the Strip and agents on the ground searching for chemical and biological weapons -- were available, this year they were not needed. Young said that railways and railyards are on Metro Police's radar when it comes to homeland security. Las Vegas FBI spokesman, Special Agent Dave Schrom, wouldn't provide specifics as to what security measures have been employed at Las Vegas-area railyards during New Year's and other special events. "Highways and railways are taken into consideration, and we work with our federal partners to ensure that the infrastructure is protected," Schrom said of security precautions taken for special events. The FBI is not the primary agency charged with protecting railways and trains, but the agency does work closely with federal and local law enforcement agencies and investigates terrorist threats, Schrom said. The Federal Railway Administration is responsible for security at railyards and along railroad routes. Schrom said that he couldn't give specific details on exactly what has been done to safeguard railways in Las Vegas during New Year's for several reasons, including concerns that terrorists could find out what security measures are used. He did add that, "Just because someone doesn't see a protective measure doesn't mean it's not there." Other experts said they are concerned about such hazardous shipments. "I definitely have some big concerns about rail safety," Nevada's top transportation consultant Bob Halstead said Sunday. "Everywhere we're seeing this trend in railroad hazardous accidents," said Halstead, who studies potential impacts of nuclear shipments from reactors to a possible high-level nuclear waste repository at Yucca Mountain. "The injuries from these accidents in urban or populated areas are occurring because the suburbs are moving toward the rail routes," Halstead said. However, security has improved in some major railyards across the country, Halstead said. "It is a really big issue," Halstead said. The state has been concerned since the 1990s that nuclear waste transportation casks are much more vulnerable to terrorism or sabotage, Halstead said. The Energy Department would prefer to use railroads instead of trucks to ship most of the nation's spent nuclear fuel and high-level nuclear waste to the proposed repository. The Energy Department estimated there would be eight accidents involving nuclear waste trains between 2010, the projected start date of shipments to Yucca, and 2034. The state Nuclear Projects Agency predicted 160 to 390 rail accidents based on possible shipments over a 38-year period. Nevada's 1,200 miles of rail are all owned by Union Pacific Railroad Co. Union Pacific is not concerned about shipping nuclear waste to Yucca Mountain, Bromley said. "Union Pacific routinely handles chlorine shipments through Las Vegas," Bromley said. "With any transportation activity you're going to have accidents. That's a given." The Energy Department has not made final decisions about which routes would be used to haul nuclear waste to Yucca Mountain. State studies show that if nuclear waste shipments were to travel along the 35.7- mile rail route through Las Vegas, the trains would pass within a half a mile of an average of 85,100 people a day. The Energy Department is considering an alternate rail route northeast of Las Vegas. However, that route might not relieve train traffic through the Las Vegas area, Halstead said. It's possible that 85 percent to 90 percent of nuclear waste shipped from Caliente in Lincoln County to Yucca Mountain, a proposed route of 319 miles, could be sent through Las Vegas. "Railroads often don't ship the most direct route," Halstead said. "This is a horrific thing," said Fred Dilger, a transportation consultant to the state, reacting to the New York Times story. "Frankly, this is not uncharacteristic of railroads." ***************************************************************** 40 Las Vegas SUN: Letter: Leaving nuclear waste in place is best solution Today: January 11, 2005 at 9:23:13 PST Letter: Leaving nuclear waste in place is best solution This is in reference to Sun reporter Suzanne Struglinski's Jan. 5 article headlined, "U.S. Chamber maintains support for nuclear dump." The article was obviously of interest to your readers, as the nuclear dump is planned for Yucca Mountain, 90 miles northwest of Las Vegas. In the article, Struglinski quotes Thomas Donohue, the U.S. Chamber of Commerce's chief executive, as saying about high-level nuclear waste: "If we ever put a map on the wall of everywhere nuclear waste is stored, there would be a sense of panic." No there wouldn't. I've been writing about the high-level nuclear waste issue for years and I find that almost nobody cares. The only ones who have a lukewarm concern are those living near sites where some radioactive contamination has been found. Bruce Josten, Donohue's executive vice president for government affairs, is quoted in the same article as saying that nuclear wastes can't be stored "above ground all across the country." Well, why not? Only last month a national study group said storage casks could withstand aircraft crashes. And equally recently came a recommendation that two huge surface storage facilities be built on both sides of the Mississippi. Actually, two facilities the size of Rhode Island invites trouble, so it's actually quite preferable to leave the wastes spread out over the 100-plus storage areas nationwide. RON BOURGOIN Rocky Mount, N.C. Editor's note: Ron Bourgoin was a consultant to the North Carolina town of Rolesville in 1984 when a site there was being considered by the Energy Department as the location for a high-level nuclear waste repository. ***************************************************************** 41 Las Vegas SUN: Administration asked opinion on nuke waste case By Benjamin Grove LAS VEGAS SUN WASHINGTON -- The U.S. Supreme Court on Monday asked the Bush administration for its views on a Utah nuclear waste case that ultimately could have implications for Yucca Mountain. The case involves Private Fuel Storage L.L.C., a company that aims to construct a temporary storage area for high-level nuclear waste on Goshute Indian land 45 miles southwest of Salt Lake City. The site could eventually act as a layover storage area for waste ultimately bound for the federal government's planned permanent waste repository at Yucca, 90 miles northwest of Las Vegas. Yucca would not open until 2010 at the earliest. Utah officials have battled to block the temporary dump. The Nuclear Regulatory Commission is still considering whether to license it. Meanwhile Utah has said that barring nuclear waste storage should be a state's rights issue -- and used that argument when it tried to kill the project in court. But Utah lost its latest case in August when the 10th U.S. Circuit Court of Appeals effectively overruled Utah state laws that were designed to stop the the dump. So Utah on Oct. 28 appealed to the Supreme Court to hear its case. Utah officials generally are arguing that barring nuclear waste storage should be a state's rights issue -- an argument Nevada officials have lost in recent years, including last year in a federal court. But more specifically, Utah is asking the court to rule that, as a matter of law, the lower courts had no right to throw out state laws blocking the dump. The high court is deciding whether to take the case, and on Monday the court asked the U.S. solicitor general's office for its stance on whether Utah can ban waste storage in the state and also asked whether the federal government has exclusive rights over nuclear waste shipping and storage. The solicitor general handles Supreme Court cases for the White House and federal government. If the court takes the case, Utah could prod the court to consider waste transportation issues that it has not previously dealt with, said Joe Egan, a lawyer hired by Nevada to fight Yucca legal battles. But the Utah and Nevada cases are different in a number of ways so it's not clear yet how the Bush administration's opinion -- or the Supreme Court's -- would relate to Yucca, Utah assistant attorney general Denise Chancellor said. In its case Utah is specifically asking for the Supreme Court to examine whether the lower court had the right to overrule its state laws banning the Goshute dump, and it is unclear whether those laws could be compared to Nevada state laws aimed at blocking Yucca. Also, while the Utah site would be developed as a private venture, federal law specifically says that Yucca is to be the nation's waste repository, if it is scientifically suitable. The Energy Department has concluded that it is, and President Bush formally approved making it so. ***************************************************************** 42 Las Vegas SUN: Appeals court to decide on money to fight Yucca dump Today: January 11, 2005 at 9:44:24 PST By Suzanne Struglinski SUN WASHINGTON BUREAU WASHINGTON -- It's up to a federal appeals court now to decide if Nevada will get any more federal money for its fight against the Yucca Mountain project. A ruling in the state's favor could mean more federal dollars to Agency for Nuclear Projects while a ruling against the state might force it to spend more of its own tax money to fight the repository, just as the next, and expensive, phase of the process begins to take shape. A decision is expected in the next three months, according to the state's lawyers. The state sued the Energy Department last year when it received only $1 million for its work related to the department's plan to store nuclear waste at Yucca, 90 miles northwest of Las Vegas. The state wanted at least $5 million a year to do additional research, pay lawyers and generally prepare to object to the license application the department plans to file with the Nuclear Regulatory Commission. The state has received that much in the past, but the department did not request any money for state or local governments in 2004. Congress approved the $1 million after the prompting by Nevada's Congressional delegation and the department said it could get nothing more without congressional approval. Attorneys argued that without additional money the state cannot do its work on the project as allowed in federal nuclear waste law. On top of the $1 million allocated by Congress, the state Assembly approved $1.1 million last year to help make up the difference, but because of the expected license application hearings the state will have to allocate more in coming years if the state does not get more federal money. The state still needs to additional money, but because the department did not reach its goal of turning in the application by the end of last year, the lower funding does not leave the state in as much of a crisis as it once thought. "A lot will depend on what DOE (the Energy Department) does," said Bob Loux, executive director of the Nevada Nuclear Projects Agency. Loux said the state can do its work with $5 million a year until the application is filed. After that, the state will need at least $13 million a year as the license application hearings take place. The state plans to raise several objections to the repository at the time, which will require more legal fees, document preparation and research. Based on arguments made by Nevada attorneys Monday, the U.S. Court of Appeals for the District of Columbia will determine whether the Energy Department can give the state more money on top of money set aside for it by Congress in the annual energy spending bill. Attorney Robert Cynkar, part of the firm Egan, Fitzpatrick, Malsch and Cynkar hired by the state to handle Yucca legal matters, that under federal nuclear waste law, the state should get additional money from the Nuclear Waste Fund, an account paid into by companies that use nuclear power. Cynkar argued the spending bill contained nothing that said the department could not make grants under the fund. But Justice Department attorney Ronald M. Spritzer told the three-judge panel that once Congress finalizes a spending bill the amounts in it are a "ceiling," meaning the department could not increase the $1 million allocation. Judges Raymond Randolph, Stephen Williams and David Tatel heard the case. Tatel was on the court's panel that rejected the Environmental Protection Agency's radiation protection standard last July that lead to a delay in the project. In the courtroom, Spritzer said no new date for submitting the application has been set. Cynkar said Nevada officials expect the application in late spring or early summer. ***************************************************************** 43 Water and Waste Water: Statement from AWWA on NAS Report on Perchlorate www.waterandwastewater.com By AWWA Jan 11, 2005 DENVER, CO -- On Monday Jan. 10, the National Research Council of the National Academy of Sciences (NAS) released "Health Implications of Perchlorate Ingestion," a report assessing the health effects of perchlorate, a chemical used in rocket fuel, munitions, and fireworks. Perchlorate has been detected in drinking water supplies across the nation. The U.S. Environmental Protection Agency (EPA) is currently assessing the need for a standard for allowable amounts of this contaminant in drinking water. Jack Hoffbuhr, executive director of the American Water Works Association (AWWA), issued the following statement concerning this report. "The drinking water community takes nothing more seriously than its responsibility to safeguard the public health. Drinking water professionals have been researching the occurrence of perchlorate in water supplies and continue to pay close attention to relevant health effects research. "Drinking water professionals have taken many proactive steps to protect against any possible health effects associated with perchlorate. The American Water Works Association (AWWA) is currently sponsoring a national perchlorate occurrence study that should yield useful information for the development of protective federal drinking water regulations. In addition, the independent American Water Works Association Research Foundation (AwwaRF) has conducted several scientific studies on the presence and treatment of perchlorate that will assist utilities in reducing the public’s exposure to the substance." For an issue backgrounder on perchlorate visit the On Point section at http://www.awwa.org/advocacy/yourwater/. AWWA is the authoritative resource for knowledge, information, and advocacy to improve the quality and supply of drinking water in North America and beyond. AWWA is the largest organization of water professionals in the world. AWWA advances public health, safety and welfare by uniting the efforts of the full spectrum of the drinking water community. Through our collective strength we become better stewards of water for the greatest good of the people and the environment. © Copyright 1998 - 2004 [http://www.waterandwastewater.com/] ***************************************************************** 44 PE.com: Perchlorate danger less than feared, panel says | Inland Southern California | Inland News Home [http://www.pe.com] Local 08:12 AM PST on Tuesday, January 11, 2005 By DOUGLAS E. BEEMAN and DAVID DANELSKI / The Press-Enterprise WHAT'S SAFE? Suggested safe levels of perchlorate in drinking water U.S. Environmental Protection Agency: 1 part per billion Massachusetts Department of Environmental Protection: 1 part per billion California EPA: 6 parts per billion National Academy of Sciences*: 2.5 to 25 parts per billion * As interpreted by outside parties An independent panel of scientists has concluded that the rocket-fuel chemical perchlorate is not as hazardous as federal regulators have feared. But the scientists, in a report released Monday, recommended a health limit that is far below the level proposed by the perchlorate industry and its best customer, the Department of Defense. The recommendation by the National Academy of Sciences panel is expected to guide efforts to set health standards for perchlorate in water and food as well as environmental clean-up requirements. Perchlorate has contaminated the Colorado River and several Inland groundwater basins. California science officials and some environmentalists were generally content with the report's conclusions, saying the scientific panel's recommendation is still close to health limits proposed by state and federal scientists. "I think it should be more health protective," said Renee Sharp, an Oakland-based analyst for Environmental Working Group and the author of several reports on perchlorate. Still, she said, if regulators account for the perchlorate that is now being discovered in milk and lettuce and the amount of perchlorate a baby could ingest, they will arrive at a health limit of 6 parts per billion or less. "It is really similar to what California did," she said. Perchlorate is a type of salt used in fireworks, munitions and solid-fuel rocket engines. Manufacturers and the major users of perchlorate, including the nation's defense and space agencies, fear they could be on the hook for billions of dollars in cleanup costs if environmental limits are set low. Long-Term Worries Perchlorate inhibits the thyroid's ability to absorb iodide, which fuels the production of hormones that control fetal development, metabolism and mental alertness. Health and environmental officials are especially worried that long-term exposure to low levels of perchlorate could impair the mental and physical development of fetuses and newborns. The U.S. Environmental Protection Agency in 2002 proposed a health-safety level of 1 part of perchlorate per billion parts of water. The perchlorate industry and the Defense Department have said that as much as 200 parts per billion is safe. Under pressure from the military and industry, the Bush administration in 2003 asked the National Academy to review the EPA's scientific assessment of perchlorate. The panel concluded that public health still could be protected when perchlorate doses are 23 times higher than what the EPA proposed. The National Academy panel determined only a safe dose of the chemical. The scientists didn't consider how much perchlorate people actually could consume in contaminated water and food. The panelists said it's up to regulators to weigh those factors when setting standards for drinking water, food and cleanups. The EPA and environmental groups say there is a special concern for babies because they don't have a reserve of iodide, and their potential exposure is greater because they consume more fluid per pound of body weight than adults do. The science panel was not asked to propose a standard for drinking water or environmental cleanup, said Dr. Richard B. Johnson, associate dean of the University of Colorado's School of Medicine and chairman of the National Academy panel. Those policy questions are an important next step but beyond the committee's charge, he said. The man who formally requested the review said the National Academy's conclusions generally support the EPA's assessment of perchlorate's health risks. Industry and the Department of Defense clearly didn't win their case, said Paul Gilman, who recently resigned as the EPA's chief science adviser. The National Academy recommendation "is in the same ballpark as the state of California and the EPA," Gilman said in a telephone interview. A Bush administration source, who spoke on the condition of anonymity, said the debate is far from over. Found in 35 States Perchlorate has turned up in lettuce and milk from New Jersey to California, and in water supplies in 35 states. About 11 million people drink water at or above 4 parts per billion, according to the EPA. Depending on how the EPA accounts for food contamination and babies' exposure to the chemical, a safe drinking water level could be as low as 4 parts per billion, the administration source said. Some Inland drinking water sources contain more perchlorate. The Colorado River, used for drinking and irrigation, had ranged from 4 to 8 parts per billion. Yet one aerospace industry spokeswoman, Gail Rymer of Lockheed Martin Corp., said the National Academy report suggests the safe level for water could be set at 25 parts per billion. That would still protect babies and other sensitive people, she said. Lockheed Martin is among a group of perchlorate users and manufacturers who supported an outside review of the EPA's work. A Lockheed rocket plant is believed to have contaminated underground water supplies in Redlands; the company is paying for a cleanup. 'Responsible Standards' "We want the same thing that everyone else wants - responsible standards, based on the best available science, that protects public health and the environment," Lockheed said in a statement issued Monday. Bob Hopkins of the White House's Office of Science and Technology Policy said the National Academy report will guide federal agencies as they develop limits for drinking water and food and policies to guide environmental cleanups. EPA spokesman Mark Merchant said his agency is evaluating the report and will comment on it today.California science officials were generally pleased with the National Academy's conclusions. California's Office of Environmental Health Hazards Assessment concluded last March that 6 parts per billion or less of perchlorate was safe for infants, fetuses and pregnant women. California health officials are using that health goal to develop an enforceable drinking water standard for the state. But they've also been waiting to see what the National Academy panel recommended. Allan Hirsch, a spokesman for the health hazards office, said the academy's conclusions generally appeared to support the state's findings. If the National Academy report prompts any changes to California's health goal, they are likely to be minor, he said. "We're not looking at a radical overhaul at this point." More headlines... Belo Interactive Inc. ***************************************************************** 45 KR: Chemical found in drinking water safer than EPA feared, panel says KR Washington Bureau | 01/10/2005 | By Seth Borenstein Knight Ridder Newspapers WASHINGTON - A chemical used in rocket fuel that's been found in the drinking water of more than 11 million Americans nationwide likely doesn't need to be removed because it is 20 times safer than environmental regulators for the Bush administration fear, a federal panel of scientists recommended late Monday. But the scientists said that perchlorate - which is also found in fireworks and road flares - is nowhere near as safe as the Pentagon and the defense and aerospace industries have been telling Americans for years. The National Academy of Sciences was called in to referee the dispute over the safety of the chemical. On one side were the strict standards proposed by the Environmental Protection Agency and several states; on the other were the Defense Department, the Department of Energy, NASA and industry, which called for standards considerably more lenient. The academy settled on a middle range of what levels of contamination are acceptable, and that appears to be a big win for industry. The White House was evaluating the report on Monday but had no initial problems with it. "The national academy is the gold standard of independent scientific review," White House science spokesman Bob Hopkins said. "We respect the findings of this report." The academy's proposed safe level for perchlorate is high enough that the vast majority of the 250 areas with tainted water won't have to do anything. This would save the Pentagon and defense and aerospace industry billions of dollars in potential clean-up costs. Perchlorate, a compound that keeps iodide from being absorbed by the body, has been found to damage fetuses and infants and could lessen brain development and lead to attention deficit disorder. The Food and Drug Administration has found it in grocery stores' milk, according to a study last year. R. Thomas Zoeller, a key scientist who advised the EPA, and an environmental group said the academy's study set the level too high to protect public health. And the environmental group, Natural Resources Defense Council, charged the Pentagon and White House tried to influence the academy study to keep the cost of clean-ups to a minimum - a complaint the White House and the academy denied. The proposed safe dose level proposed by the academy "lets industry off the hook for clean-up and a lot of liability," said Jennifer Sass, senior scientist for the council. The head of the defense industry's perchlorate study group didn't return several calls for comment. Rick Pleus, a scientist funded by the industry group, said he was assessing the report but was pleased by an early reading of the findings. The academy said the safe dose level for perchlorate is about 20 times higher than the EPA proposed in a 2002 rule. Still, that level is up to 14 times lower than defense industry-sponsored studies say is safe. The academy's level "should protect the health of even the most sensitive population," said Dr. Richard Johnston Jr., chairman of the panel and a pediatrics professor at the University of Colorado School of Medicine. In 2002, the EPA proposed a safe drinking water standard of no more than 1 part of perchlorate per 1 billion parts of drinking water. The academy's recommendation would translate to about 20 parts per billion. The defense industry has argued for a level of 200 to 350 parts per billion. California, which has a pervasive perchlorate pollution problem, has set a drinking-water standard of 6 parts per billion, but it's considering increasing that to one nearer to academy levels. Massachusetts, Maryland and New Mexico have proposed levels of 1 part per billion levels. New York permits a range of 5 to 18 parts per billion. Nevada has the highest state level, with 18. The median level of perchlorate pollution in the United States is 6.4 parts per billion, with Jacksonville, Fla., reaching 200 parts per billion, according to the academy study. According to Johnston, it isn't possible to measure perchlorate contamination at less than 4 parts per billion. And 96 percent of America's water systems have levels below that. Before the national academy released its report Monday, the Natural Resources Defense Council accused the Pentagon and White House of trying to lobby the academy and change its study. The council relied on more than 30 boxes of documents it received through the Freedom of Information Act, but much of the documents were redacted, so the group based most of its charges on e-mail subject lines between Bush administration officials. Council attorney Erik Olson called it "a full-scale assault by the Pentagon and its contractors." "There's absolutely no basis for those claims," White House science spokesman Hopkins said. "This is an attempt to distort the science by attacking the process." For more information, check out the following Web sites: The National Academy of Sciences report: http://www.nap.edu/catalog/11202.html [http://www.nap.edu/catalog/11202.html] EPA's perchlorate Web site: http://www.epa.gov/safewater/ccl/perchlorate/perchlorate.html [http://www.epa.gov/safewater/ccl/perchlorate/perchlorate.html] The Natural Resources Defense Council on perchlorate: http://www.nrdc.org/media/pressreleases/050110.asp [http://www.nrdc.org/media/pressreleases/050110.asp] An EPA Power Point presentation that includes a map of perchlorate problem areas can be found at: http://www.epa.gov/tio/tsp/download/2004-fall-meeting/mayer.pdf [http://www.epa.gov/tio/tsp/download/2004-fall-meeting/mayer.pdf] . (c) 2005, Knight Ridder/Tribune Information Services. ***************************************************************** 46 chillicothe gazette: Businesses to take over environmental cleanup in Piketon - Tuesday, January 11, 2005 By Daniel Prazer, dprazer@nncogannett.com Gazette Staff Writer PIKETON -- A joint venture between two small businesses will be taking over the environmental cleanup at the Piketon uranium enrichment plant as early as March 31. The Department of Energy announced Monday that LATA-Parallax Portsmouth LLC was awarded a $141.3 million contract to handle the environmental cleanup and waste management at the plant. LATA-Parallax Portsmouth will replace Bechtel-Jacobs, which wasn't eligible to bid on the contract. Only small businesses of 500 or fewer employees were eligible to bid, said DOE spokeswoman Chris Kielich. "This award is based on a competition focusing on small businesses," Kielich said. "We have thoroughly evaluated all bids." The other portion of Bechtel-Jacobs' contract, maintenance of the Piketon plant's infrastructure, is moving though the DOE procurement system, Kielich said. LATA-Parallax Portsmouth is made up of two small businesses that specialize in engineering, environmental and nuclear operations: New Mexico-based Los Alamos Technical Associates Inc. and Parallax Inc., headquartered in Maryland. Neither are newcomers to the world of nuclear cleanup, said Dan Carlson, Senior Vice President of LATA. It has done work at other nuclear sites, including Rocky Flats in Colorado and Mound near Cincinnati. "Although this is a very significant contract for us and we are very excited about it, we have comparable project experience from elsewhere," Carlson said. Dan Minter, president of the Paper, Allied-Industrial, Chemical and Energy Workers local 5-689 that represents workers at the plant, said regardless of the company running the cleanup, safety has to be the highest priority. "We're looking forward to working with them and ensuring a transition that's fair and equitable for the work force," he said. Bechtel-Jacobs spokesman Jack Williams said his company expects to begin working on transition immediately, since its contract expires March 31. Originally published Tuesday, January 11, 2005 Copyright ©2004 Chillicothe Gazette. All rights reserved. ***************************************************************** 47 chillicothe gazette: Public input sought on new USEC facility - Tuesday, January 11, 2005 By Daniel Prazer, dprazer@nncogannett.com Gazette Staff Writer If you go + What: A public meeting hosted by the Nuclear Regulatory Commission. It's seeking public input on the scope of an environmental impact study that must be done as it decides whether to grant United States Enrichment Corporation a license to build and run its centrifuge enrichment plant. + Where: Zahns Corner Middle School, 2379 Schuster Road, Piketon + When: 7 to 9:45 p.m., but an informal discussion with NRC staff will begin at 6 p.m. + How to participate: If you wish to speak at the meeting, the NRC is encouraging you to pre-register by contacting Ron Linton at 1-800-368-5642, ext. 7777, or by e-mail at [rcl1@nrc.gov] You may also register before the start of the meeting to speak. On the Net [http://www.nrc.gov/materials/fuel-cycle-fac/usecfacility.html] PIKETON -- The latest meeting in the process of licensing United States Enrichment Corporation to build a next-generation uranium enrichment plant takes place a week from today. And the Nuclear Regulatory Commission wants to know what you have to say. The NRC is conducting a meeting to gather public comment on the scope of an environmental review portion of its licensing process. "What we are required to do is to produce an environmental impact statement for a facility of this type, and this particular meeting is designed to give people in the local community an opportunity to provide their input," said NRC spokesman Roger Hannah. "The process is designed to give people an opportunity to say, 'Well, you know, you need to cover this particular issue.'" This meeting originally was scheduled for last fall, Hannah said, but was rescheduled when the commission's online reading room was taken down. Since the public records weren't available, the commission pushed back the meeting to give people a chance to get up to speed for the gathering. "There were some documents with some information that wouldn't have been available at the time, so in order to make it more useful to people, the decision was made to postpone the meeting," Hannah said. Originally published Tuesday, January 11, 2005 Copyright ©2004 Chillicothe Gazette. All rights reserved. ***************************************************************** 48 [du-list] DU in the news -10th Jan 05 Date: Tue, 11 Jan 2005 14:58:42 -0800 Monday, January 10, 2005 1:32 PM PST Your Keyword News Alert for [depleted uranium] matched the following stories: U.S. Department of Energy, Mon, 10 Jan 2005 11:32 AM PST U.S. Department of Energy Awards Paducah Remediation Contract To North Wind Paducah Cleanup Company LLC http://www.energy.gov/engine/content.do?PUBLIC_ID=17141&BT_CODE=PR_HIGHLIGHTS&TT_CODE=PRESSRELEASE WASHINGTON, DC â?" The U.S. Department of Energy (DOE) today announced that North Wind Paducah Cleanup Company LLC has been awarded a $302,962,661 small business contract to perform environmental remediation and waste management activities at the departmentâ?Ts Paducah Gaseous Diffusion Plant in Paducah, Ky. The contract will run through September 30, 2009 and provides incentives to the contractor U.S. Department of Energy, Mon, 10 Jan 2005 11:31 AM PST U.S. Department of Energy Awards Portsmouth Remediation Contract To LATA/Parallax http://www.energy.gov/engine/content.do?PUBLIC_ID=17140&BT_CODE=PR_PRESSRELEASES&TT_CODE=PRESSRELEASE WASHINGTON, DC â?" The U.S. Department of Energy (DOE) today announced that LATA-Parallax Portsmouth LLC, a small business joint venture between Los Alamos Technical Associates Inc. and Parallax Inc., was awarded a $141,261,897 small business contract to perform environmental remediation and waste management activities at the departmentâ?Ts Portsmouth Gaseous Diffusion Plant in Piketon, Ohio. The Independent Media TV, Mon, 10 Jan 2005 6:42 AM PST Welcome to www.independent-media.tv http://www.independent-media.tv/category.cfm?fcategory_id=1&fcategory_desc=Under%20Reported&fdate_posted=%7bts%20'2004-12-15%2000:00:00'%7d The Pentagon is engaged in bitter, high-level debate over how far it can and should go in managing or manipulating information to influence opinion abroad, senior Defense Department civilians and military officers say. Daily Times, Sun, 09 Jan 2005 4:16 PM PST IAEA can take samples from Parchin: Iran http://www.dailytimes.com.pk/default.asp?page=story_10-1-2005_pg4_21 TEHRAN: Iran said on Sunday it has given the UN s atomic watchdog permission to take so-called environmental samples from a suspect military site in order to disprove US allegations of secret weapons-related activities. ---------- No virus found in this outgoing message. Checked by AVG Anti-Virus. Version: 7.0.300 / Virus Database: 265.6.10 - Release Date: 1/10/05 [Non-text portions of this message have been removed] ------------------------ Yahoo! Groups Sponsor --------------------~--> Has someone you know been affected by illness or disease? Network for Good is THE place to support health awareness efforts! http://us.click.yahoo.com/RzSHvD/UOnJAA/79vVAA/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/ ***************************************************************** 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: *****************************************************************