***************************************************************** 01/26/05 **** RADIATION BULLETIN(RADBULL) **** VOL 13.19 ***************************************************************** 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 UK The Times: A fresh voice adds to the alarm over Iran's nuclear am 2 BBC: Iran rejects Mossad nuclear claim 3 BBC: Crunch time at Iran nuclear talks 4 Independent: Israel refuses to rule out attack on Iran 5 IPS-English POLITICS: U.S. Missile Shield Finds Few Takers in 6 US: Las Vegas SUN: White House: Deficit Will Hit Record $427B 7 [NYTr] Israel May Expel BBC Reporter Over Vanunu Censorship 8 BBC: Israel bars senior BBC producer 9 Scotsman.com: Nuclear Option If Renewable Energy Targets Not Met NUCLEAR REACTORS 10 US: [NukeNet] Nuclear plants cut 51 nonunion jobs 11 SABCnews: Court orders Eskom to stop Pebble reactor development 12 US: San Luis Obispo Tribune: Diablo inspection results to be aired 13 US: NRC: NRC COMMISSIONER LYONS TAKES OATH OF OFFICE 14 US: SF Chronicle: CALIFORNIA / Greater security for nuclear plants u 15 US: toledo blade: Fermi leak nonnuclear, but source uncertain 16 Business Line: NTPC mulls nuclear power generation 17 Reuters: S.Africa court suspends nuclear plant approval 18 US: Suffolk Life Newspapers: NRC Reinforces Millstone Safety 19 US: Newsday: Group slams power plants over pollutants 20 US: NRC: Emergency Planning and Preparedness For Production and Util 21 US: NRC: Nuclear Management Company, LLC Point Beach Nuclear Plant, NUCLEAR SAFETY 22 [du-list] perchlorate 23 US: Local10.com: Radioactive Leak Reported In West Palm Beach 24 Guardian Unlimited: Energy Dept. Issues Nuke Safety Rules NUCLEAR FUEL CYCLE 25 US: The Australian: Mine's suitors calling 26 US: The Australian: The half-life and times of Australia's uranium d 27 EducationGuardian.co.uk: Drips feed case against N-dump 28 US: Nevada Appeal - Opinion: Water wars to begin for rural Nevada 29 Las Vegas RJ: Judicial panel orders Yucca parties to resolve documen 30 Las Vegas SUN: Energy secretary nominee sees end of 2005 date for Yu 31 US: Arkansas News Bureau: Lincoln revives SEFOR clean-up bill 32 US: www.mineweb.net: energy Uranium decades away from major new prod 33 Las Vegas SUN: Court orders common ground on Yucca documents 34 Las Vegas SUN: Bodman sets new Yucca deadline 35 US: CNW: UEX Acquires Five New Uranium Projects in Northern Athabasc 36 US: Salt Lake Tribune: Hotter waste than class A? Sen. Arent says no 37 PISJ: Energy consumers stand to benefit from INL research NUCLEAR WEAPONS US DEPT. OF ENERGY 38 Seattle Times: Three elk at Hanford Reach killed to test for radioac 39 Tri-City Herald: Opinions Protests over contracts demand DOE attenti 40 Tri-City Herald: A clean hunt 41 Platts: USEC begins centrifuge component testing at Oak Ridge 42 WVLT TN: Former DOE Workers Just Want Answers OTHER NUCLEAR 43 Las Vegas SUN: New Nellis boss sees continued growth at base ***************************************************************** ***************************************************************** FULL NEWS STORIES ***************************************************************** ***************************************************************** 1 UK The Times: A fresh voice adds to the alarm over Iran's nuclear ambitions January 27, 2005 Foreign Editor's Briefing By Bronwen Maddox IRAN could be less than a year away from “the point of no return” in acquiring nuclear weapons, according to Shaul Mofaz, the Israeli Defence Minister. “I feel that none of the Western countries can live with Iran having a nuclear capability,” he said in London yesterday before today’s remembrance service for the victims of Auschwitz, and after a meeting with Tony Blair. Under lengthy questioning he did not reject remarks by Dick Cheney, the US VicePresident, who speculated last week that Israel might be prompted to attack Iran’s nuclear sites to prevent it from obtaining the nuclear bomb. The first route should be diplomacy by the US and the European “troika” — Britain, France and Germany — Mr Mofaz said. But he noted that diplomacy had so far failed to achieve a “full stop” of the programme, and that “the goal should be the full stop”. “If they achieve nuclear power [weapons], it is a threat to the free world,” he said. “I believe in the long run this is the main threat that will exist, not only against Israel but against Western countries.” His remarks are bound to stir up the past week’s alarm that Israel has a pre-emptive military strike high in its planning after a series of aggressive comments by the Bush Administration, including the President. Certainly Mr Mofaz, in his choice of language, did nothing to dispel such speculation, although he stopped short of saying that Israel had such a plan. The Defence Minister stuck to the formal line that diplomacy must be tried until it was seen to have failed. “I believe the negotiations that took place between Iran and the troika and Mohamed ElBaradei [director-general of the UN International Atomic Energy Agency] have achieved something by suspension of the Iranian nuclear programme,” he said. But almost in the same breath he dismissed their value, saying “the dialogue [Iran] had with the European troika was mainly to buy time”. The way forward now, he argued, “is by leadership of the US with the European countries, taking this issue to the UN”, where “the tools should be sanctions and very deep inspections in all nuclear sites in Iran”. He dismissed Iran’s claims to be interested only in civilian nuclear power. “We know they have a very high desire to achieve the goal of nuclear power [weapons] in their hands.” He added that “they already have long-range surface-to-surface missiles”. He defined “the point of no return” as the “enrichment of uranium”, the most controversial part of the Iranian nuclear work as it can be used for military as well as civilian purposes. It goes almost without saying that such belligerent talk suits Israel’s — and Washington’s — purpose, given their shared scepticism of the value of the European troika’s diplomacy. However, independent analysts are sceptical of the detail of Israel’s alarming claims. Gary Samore, the director of studies at the International Institute for Strategic Studies, the London-based think-tank, who was an anti-proliferation negotiator for the Clinton Administration, believes that Iran is still “a couple of years away” from nuclear weapons potential. Copyright The Times - timesonline.co.uk ***************************************************************** 2 BBC: Iran rejects Mossad nuclear claim Last Updated: Wednesday, 26 January, 2005 [Bushehr nuclear reactor] Iran says it is building a civilian nuclear energy programme Iran has rejected a warning by Israel's Mossad intelligence agency that it could have a nuclear bomb within three years as "baseless". Iran's foreign ministry insisted its nuclear regime was peaceful and accused Israel of misleading world opinion. Meanwhile Israeli Defence Minister Shaul Mofaz said Israel could not accept a nuclear-armed Iran but played down the possibility of air strikes. He said diplomatic action should be the priority for the US, the UN and Europe. Iran has always insisted it is building a civilian nuclear energy programme. However, Israel and the US maintain the Islamic state is using the energy programme as a front for a covert weapons regime. The unfounded claims we made to deviate world attention from Israel's organised terror activities and efforts to strengthen its nuclear power Hamid Reza Asefi Foreign ministry spokesman Gen Mofaz, speaking in London, echoed a warning by Israel's Mossad spy agency that Iran was "very close to the point of no return" on the nuclear issue. He said: "The way to stop Iran is by the leadership of the US supported by European countries and taking this to the UN and using the diplomatic channel with sanctions as a tool, plus a very deep inspection regime and full transparency." Gen Mofaz said decisions on further action would have to be taken at the time if diplomacy did not work. "This is the main threat to Israel and the free world in the long run," he said. "We know Iran has a high desire to be a nuclear power. It is an extremist regime." Defuse tensions But Iran's foreign ministry spokesman Hamid Reza Asefi is quoted by the Iranian news agency Irna as saying Israel's allegations were "unfounded" and designed to distract attention from its own nuclear capabilities. Israel "brazenly tries to portray Iran's nuclear activities as a threat to the world", Mr Asefi said, while continuing to strengthen its own nuclear power. Last week US Vice-President Dick Cheney said Iran's nuclear programme put it "top of the list" of global issues. He also warned that Israel might launch a pre-emptive strike on its own to shut down Iran's nuclear programme Iran agreed in November to halt uranium enrichment under pressure from the US, Europe and the International Atomic Energy Agency - but wants to be allowed to continue. Gen Mofaz dismissed the agreement negotiated by Britain, France and Germany as a way of Iran "buying time". The BBC News website's World Affairs correspondent Paul Reynolds says Gen Mofaz was trying to defuse tensions raised by Mr Cheney. But he was also laying down a warning for the future and indicating that only about a year remained during which this issue could be solved by diplomatic action, our correspondent adds. ***************************************************************** 3 BBC: Crunch time at Iran nuclear talks Last Updated: Wednesday, 26 January, 2005 [Staff at work at Iran's Isfahan nuclear reactor] Iran agreed to halt enriching uranium last November European countries are calling on Iran to cease uranium enrichment permanently because the process could be used to produce material for nuclear weapons. Britain, France and Germany are negotiating with Iran at the UN's nuclear watchdog the International Atomic Energy Agency. The EU countries are reported to be offering political and economic incentives as part of any deal. Tehran agreed to a temporary freeze on enrichment last November. But it has repeatedly said it will never give up its right to full mastery of the nuclear fuel cycle. A confidential EU document said the European trio would not settle for anything less than a complete cessation. "Iran has to recognise that the fuel cycle programme is the core of the problem," the document said, Reuters news agency reported. But a senior member of Iran's negotiating team, Hossein Mousavian, told the official Irna news agency that the talks were not about terminating the programme. "The core of the discussions is not the cessation of enrichment but rather giving objective guarantees about Iran's fuel cycle not being diverted to make atomic bombs," he said. Washington says Iran is secretly developing nuclear weapons - Iran says its nuclear programme is for purely peaceful purposes. Correspondents said the tough-sounding tone of the EU document will please the United States, which is warning that it might resort to military force to tackle the issue. ***************************************************************** 4 Independent: Israel refuses to rule out attack on Iran independent.co.uk By Anne Penketh, Diplomatic Editor 27 January 2005 Israel's Defence Minister refused to rule out a pre-empt-ive strike on Iran yesterday, claiming that Tehran was "close to a point of no return" on its suspected development of a nuclear weapon. At a meeting with journalists in London, Shaul Mofaz did little to dispel the sense of unease caused by comments last week by the US Vice-President, Dick Cheney, who suggested Israel might "decide to act first" to end Iran's nuclear threat. Mr Mofaz said: "I believe that none of the Western countries can live with Iran having a nuclear capability - not the US, not the European countries and nor other countries." But he stressed that the "first step" should be through diplomatic channels to resolve the standoff with Iran, suspected by the US and Israel of using its civilian programme as a cover for weapons development. "The way to stop Iran is by the leadership of the US, supported by European countries and taking this issue to the UN, and using the diplomatic channel with sanctions as a tool and a very deep inspection regime and full transparency." Asked what Israel would do if diplomatic channels failed, Mr Mofaz went on: "The US is a strong power that can stop any kind of nuclear programme, especially in the hands of an extreme regime." The Israeli minister left no doubt, however, he was sceptical about the outcome of negotiations with the Iranian government, which he said had been "buying time" through talks with Britain, France and Germany. He warned that Tehran was "less than a year" from enriching uranium, which he described as the "point of no return" towards making a nuclear weapon. He echoed comments by the Mossad intelligence agency, which said that Iran could have developed a nuclear bomb in three years, a statement dismissed by Iran as baseless. Mr Mofaz rejected Iranian assertions that it was working on a peaceful civilian programme, saying that there was "no goal by the Iranian side for a civilian programme. Their goal is to achieve a military programme". Pressure on Iran has been increasing recently in the form of aggressive statements from the Bush administration, branding the Tehran regime an "outpost of tyranny". Mr Cheney said Iran's nuclear programme put it at the "top of the list" of global issues. The Iranian President, Mohamed Khatami, retorted: "We say that America is at the top of the list of countries that are endangering world peace and security and we hope that one day they come to their senses. "[Negotiations with the EU] haven't reached a dead end," Mr Khatami went on. "Of course, we have our own stances and we are talking to the Europeans and we hope to reach a conclusion." Iran has agreed to suspend activities which could be used to make nuclear bomb material, such as uranium enrichment, and to try to reach a negotiated solution. But Mr Mofaz said: "Although there are some achievements by the suspension of the military programme, there is not a full stop." ©2005 Independent News &Media (UK) Ltd. ***************************************************************** 5 IPS-English POLITICS: U.S. Missile Shield Finds Few Takers in Date: Wed, 26 Jan 2005 14:43:55 -0800 ROMAIPS NA IP POLITICS: U.S. Missile Shield Finds Few Takers in Canada By Mark Bourrie OTTAWA, Jan 26 (IPS) - With Canada's governing Liberal party clinging to power by a shaky minority in Parliament, Washington's controversial North American missile defence programme may create a crisis that will force the country into a snap election. Even within the Liberal party, many MPs are opposed to the missile defence system and the George W. Bush administration's reported use of strong-arm tactics to get Canada to sign on to the scheme. In a Dec. 27 appearance on Canadian television, Prime Minister Paul Martin insisted that "we are against the militarisation of space. We're against the weaponisation of space, and we will not participate in it today nor will we tomorrow". Much of the pressure is coming from U.S. ambassador to Canada Paul Cellucci, who said earlier this month that he expects Canada to sign onto the missile defence system by the end of March. Canada's leftist New Democratic Party, which supports the government in most parliamentary votes, opposes missile defence, as does the nationalist Bloc Quebecois, the second-largest opposition party in parliament. The pro-U.S. Canadian Alliance party, the largest opposition bloc, supports the programme and would likely provide the government with enough support to survive a vote on the issue. However, it could cause the New Democrats to withdraw support for other government measures, including the federal budget. In the Canadian system, a lost budget vote automatically causes the government to fall. The budget will be presented within the next two months. "We're pushing the government very hard for a parliamentary vote. The government had already gone halfway down the road last summer when it agreed to amend the NORAD agreement," New Democrat leader Jack Layton said in an interview Wednesday. The amendments to the North American Air Defence agreement, accepted in mid-2004 by both countries, place the joint Canada-U.S. air defence command in charge of monitoring the missile system. "The Canadian public is very opposed to missile defence and the weaponisation of space. We hear it every time we go door to door or talk with Canadians on the street," Layton said. "If we accept this, we'll in effect be giving a Canadian imprimatur to George Bush's arms race. It would add legitimacy to Star Wars but it would erode Canada's reputation in the world as an independent country, an honest broker, and a peacekeeper. "Paul Martin says it won't cost anything but I don't think Americans will sit there forever and let us 'get' this for free. Even if we end up paying just one per cent of the cost, that's 10 billion of the one-trillion-dollar cost." Prime Minister Martin and his officials had been assured by the White House that missile defence would not be on the agenda when Bush made his first visit to Ottawa as president last November. But, according to a Washington Post article published earlier this week, Bush pressured Martin at the Nov. 30, 2004 meeting, going so far as to suggest that the future of the Canada-U.S. defence relationship may be at stake. Close Canada-U.S. military cooperation goes back to 1940, when the two countries reached a defence agreement at Ogdensburg, New York. In effect, the U.S. promised to protect Canada from attack by Nazi Germany or any other power. An unnamed official quoted in the Washington Post said Bush "leaned across the table and said: 'I'm not taking this position, but some future president is going to say: Why are we paying to defend Canada?'" Canadian officials, according to this account, told Bush the Martin government might have trouble selling missile defence to this country's parliament and people. Bush supposedly "waved his hands and remarked 'I don't understand this. Are you saying that if you got up and said this is necessary for the defence of Canada, it won't be accepted?" Amy Butcher, a spokesman for Martin, said the government would not comment on the substance of the report. "Our position is clear on BMD (Ballistic Missile Defence)," she said. "The government will make a final decision based on Canadian interests and Parliament will have an opportunity to express its views on the issue." Canadian opponents of the project say this country's government should avoid missile defence because it violates the Antiballistic Missile Treaty, to which Canada is a signatory. As well, they say, the technology still isn't proven to work. Several tests of the system have failed, including one last month that the Pentagon blamed on a minor glitch in computer software. The Pentagon, however, says they may never publicly declare when the shield is fully ready. ***** +U.S. Missile Defence Agency (http://www.acq.osd.mil/mda/mdalink/html/mdalink.html) +Project Ploughshares (http://www.ploughshares.ca/CONTENT/ABOLISH%20NUCS/BMD%20Page/BMD.update.htm) (END/IPS/NA/IP/MB/KS/05) = 01262256 ORP016 NNNN ***************************************************************** 6 Las Vegas SUN: White House: Deficit Will Hit Record $427B Today: January 26, 2005 at 12:04:23 PST By ALAN FRAM ASSOCIATED PRESS White House: Deficit Will Hit Record $427B WASHINGTON (AP) - The White House says its drive to halve federal deficits by 2009 remains on track, though it projects that the cost of wars in Iraq and Afghanistan will help drive this year's shortfall to a record $427 billion. The figure, provided by a senior Bush administration official who briefed reporters on condition of anonymity, was among a flood of numbers released Tuesday that underscored a gloomy budget picture. The nonpartisan Congressional Budget Office said projected deficits for the decade ending in 2014 had grown $503 billion worse than it calculated in September, excluding war costs. The deterioration was chiefly due to tax cuts and hurricane aid enacted since then. The congressional analysts projected that this year's deficit would hit $368 billion, excluding war expenses, and about $400 billion with them. The highest deficit ever was last year's $412 billion. The administration official said the White House's 2005 projection of $427 billion showed progress because it was less than last year's gap when compared with the size of the growing U.S. economy - a key measure of the deficit's potency. "By working with Congress to exercise responsible spending restraint" and cutting taxes to spark economic growth, "we've got a plan to cut the deficit in half over the next five years," White House spokesman Scott McClellan said. The congressional analysts said deficits over the decade ending in 2015 would total $855 billion. But because the budget offices' estimating techniques require it to count existing law - and omit anything else - that estimate was not being taken seriously by many people. Not included were war spending, the costs of renewing President Bush's expiring tax cuts and keeping the alternative minimum tax from affecting more middle-income Americans. Including extra interest the government would have to pay, the budget office estimated those items together would add more than $2.9 trillion to projected deficits. Combined, that would keep projected deficits over the next 10 years above $330 billion each year and growing steadily in the decade's latter half, budget office figures showed. Those numbers exclude Bush's still-evolving plan to revamp Social Security, which analysts have estimated could cost another $1 trillion to $2 trillion over the next decade. "No one should be lulled into thinking that this is a good news report," the Concord Coalition, a bipartisan group that favors balanced budgets, said of the congressional figures. "To the contrary, it is further confirmation that fiscal policy is on a dangerous path." On Capitol Hill, Republicans said the figures showed the need to clamp down on spending. "We must get serious about putting our financial house in order, beginning with short-term deficit reduction and then long-term control" of expensive federal benefit programs, said Senate Budget Committee Chairman Judd Gregg, R-N.H. Democrats used the numbers to attack Bush. "The nations financial woes can be directly attributed to the irresponsible fiscal policies of this administration," said Sen. Kent Conrad of North Dakota, top Democrat on the Senate Budget panel. Senior administration officials invited reporters to the White House to outline their upcoming request for an additional $80 billion, or slightly more, to help pay this year's war costs. The latest proposal would bring war spending since the terrorist attacks of Sept. 11, 2001, to about $308 billion, including $25 billion to rebuild Iraq and Afghanistan, according to the Congressional Research Service, which provides reports to lawmakers. Bush sends his 2006 budget to Congress on Feb. 7. The administration won't request war funds for 2006 until later, the officials said. The officials said that of the $80 billion, $75 billion would be for the Defense Department, mostly for the Army. They said it would include personnel costs, the start of an effort to add at least 17 combat brigades to the Army and replacing worn out equipment. The rest of the money would largely be for aid the State Department would give to U.S. allies and for other expenses. Included would be money to help new Palestinian leader Mahmoud Abbas, to build an embassy in Baghdad at an estimated cost of $1.5 billion, and to aid victims of fighting in Sudan's Darfur province. The officials did not say whether the request would include aid for Indian Ocean countries staggered by last month's devastating tsunami. One said the United States was spending $5 million daily there, and the administration would seek "very generous assistance." The United States already has committed $350 million to tsunami recovery efforts. ***************************************************************** 7 [NYTr] Israel May Expel BBC Reporter Over Vanunu Censorship Date: Wed, 26 Jan 2005 15:26:52 -0600 (CST) Via NY Transfer News Collective * All the News that Doesn't Fit The Guardian - 26 January 2005 http://www.guardian.co.uk/international/story/0,,1398596,00.html Israel ready to expel BBC reporter By Chris McGreal in Jerusalem Israel is poised to expel a senior BBC journalist it accuses of criminal defiance of censorship laws over an interview with the nuclear whistleblower Mordechai Vanunu. Simon Wilson, deputy chief of the BBC's Jerusalem bureau, has been unable to return to Israel since the beginning of the year, when his work permit expired. The government says no new visa will be issued until Wilson agrees to sign a letter acknowledging that he deliberately defied Israeli law, apologising and promising that it will not happen again. BBC sources say that the corporation is unwilling to agree to such a move, in which case Wilson will be barred from Israel indefinitely. Although the dispute arose out of a BBC interview with Mr Vanunu last year, it reflects the increasingly troubled relationship between the corporation and the Israeli government which has led Ariel Sharon's administration to break off cooperation at times and his ministers to refuse to appear on BBC programmes. It is highly unusual for Israel to expel journalists from established news organisations, but an official said the prime minister's office was particularly angered at the "conspiratorial" actions of the BBC Jerusalem bureau. Wilson was acting bureau chief when a private production company with a BBC contract interviewed the whistleblower last year on his release after 18 years in prison. Although Mr Vanunu is barred from talking to the foreign press, he has spoken to dozens of reporters. Israel says the issue is the failure to abide by censorship laws. Israel says officials from the Shin Bet security service and military twice called the BBC bureau and told Wilson that they required to see the interview with Mr Vanunu before it left the country. Although Israel's strict censorship laws are rarely enforced, it is a criminal offence not to submit security-related material for review if requested. The tapes were smuggled out of Israel. Israeli officials say Wilson knowingly broke the law. BBC sources say he played no role in the decision not to hand over the interview and had no knowledge of how it left the country. Israeli officials say they confronted the corporation with evidence from Shin Bet that the tapes were copied on the BBC bureau's machines and taken to Jordan. Wilson's work permit expired in August but was renewed until the end of the year at the behest of the Israeli embassy in London. BBC officials have told Israel that, whether or not the corporation erred, it does not accept that Wilson is responsible. * Search the NYTr Archives at: http://olm.blythe-systems.com/pipermail/nytr/ To subscribe or unsubscribe or change your settings via the web, visit: http://olm.blythe-systems.com/mailman/listinfo/nytr ================================================================= NY Transfer News Collective * A Service of Blythe Systems Since 1985 - Information for the Rest of Us 339 Lafayette St., New York, NY 10012 http://www.blythe.org e-mail: nyt@blythe.org ================================================================= ***************************************************************** 8 BBC: Israel bars senior BBC producer Last Updated: Wednesday, 26 January, 2005 [Mordechai Vanunu on release from prison] Vanunu was released in April from an 18-year prison term for treason A senior BBC producer has been barred from re-entering Israel over his alleged role in an interview of nuclear technician Mordechai Vanunu. Israeli authorities are refusing to renew Simon Wilson's visa, preventing him from returning to his post as deputy chief of the Jerusalem bureau. Mr Wilson is accused of deliberately defying Israeli law by not submitting the interview to the authorities. The BBC has said it sees no reason why Mr Wilson should be refused entry. He has not returned to Israel since his visa expired at the end of last year. Mr Vanunu served 18 years in jail for disclosing details of Israel's nuclear programme, and was released in April under strict conditions. Mr Wilson was acting bureau chief when a private production company interviewed Mr Vanunu for the BBC in May 2004, shortly after his release. Israel says military and Shin Bet security service officials called Mr Wilson requesting to see the interview before it left the country in case it contained material sensitive to national security. The BBC is seeking to clarify the situation with Israel in the hope of finding a quick and amicable resolution. A BBC spokesman said: "We can see no reason why Simon Wilson's visa application should be turned down, or why he should be denied permission to re-enter Israel to resume his duties. " ***************************************************************** 9 Scotsman.com: Nuclear Option If Renewable Energy Targets Not Met Wed 26 Jan 2005 By Anthony Looch, PA Lords Staff The Government said tonight it could consider again the nuclear option if targets for renewable energy – including wind farms – are not met. Junior trade and industry minister Lord Sainsbury of Turville was responding to question time challenges in the Lords. He said: “We have not ruled out the nuclear option and if we are not going to be able to achieve our targets, we will consider nuclear power again.” Baroness Miller of Hendon, for Tories, said: “Communities must have a say over where wind turbines and wind farms are placed. “The Prime Minister has supported and listened to his local community in helping stop four wind turbines being sited near to Sedgefield. Given that, how is anyone ever going to meet their targets?” Lord Sainsbury said: “Across the country, including in the Prime Minister’s constituency, there should be the ability to object to this as part of people’s democratic right. “All wind turbines have to go through the planning process.” He said total installed wind power capacity up to December was 890 megawatts – 766 onshore and 124 offshore. “The challenge we have, to achieve the 2010 target of 10%, means that we need to build the equivalent of 1,200 megawatts of new wind capacity on average each year.” He added: “Capacity is now being built at a rapidly increasing rate but we still have a long way to go.” Labour’s Lord Tomlinson said the targets were “remarkably long on optimism and short on realism, particularly when you consider that the 2010 target has got to be doubled again by 2020. “If we fail on either of those targets, it will be imperative that we have non-carbon producing electricity generation. That requires the sustenance and maintenance of our nuclear capacity.” Lord Sainsbury said the 2020 target would only be achievable by bringing in other renewable energy sources. “That’s why we will be putting more than ÂŁ500 million between 2002 and 2008 into emerging renewables and low-carbon technologies. “We have not ruled out the nuclear option and if we are not going to be able to achieve our targets, we will consider nuclear power again.” [ border=] ***************************************************************** 10 [NukeNet] Nuclear plants cut 51 nonunion jobs Date: Wed, 26 Jan 2005 15:41:35 -0800 NukeNet Anti-Nuclear Network (nukenet@energyjustice.net) does anyone know what kind of jobs these were? brendan =========================================== WSTM: Nuclear plants cut 51 nonunion jobs January 26, 2005 SCRIBA, N.Y. Constellation Energy has cut 51 jobs at its two Lake Ontario nuclear plants and plans to eliminate more.A company spokeswoman says no decision was made on how many more workers at the Nine Mile Point plants could be eliminated. Those who lost their jobs were non-union workers, and officials say the company will meet soon with union leaders to discuss further layoffs. Baltimore-based Constellation also laid off 34 workers at its Calvert Cliffs nuclear plants in Maryland.Constellation acquired the Nine Mile Point nuclear plants in Oswego County in 2001 from Niagara Mohawk, which employed 13-hundred people at the facilities, located 45 miles north of Syracuse. Constellation has spent more than 50 (m) million dollars to upgrade the plants and is seeking permission to extend their 40-year operating licenses by 20 years. The company also recently acquired the Ginna (guh-NAY') nuclear plant, on Lake Ontario near Rochester. Copyright 2005 Associated Press. All rights reserved. Copyright 2000 - 2005 WorldNow and WSTM, a Raycom Media Station. _______________________________________________________________________ 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 SABCnews: Court orders Eskom to stop Pebble reactor development south_africa/general South African Broadcasting Corporation Copyright © 2000 - 2003 SABC January 26, 2005, 12:30 The Cape High Court has ruled that Eskom should stop the development of pebble bed nuclear reactors at Koeberg near Cape Town, overturning approval by the department of environmental affairs. The court has ruled in favour of the environmentalist lobby group, Earthlife Africa. Earthlife argued that the public had not seen all the reports used for an environmental impact assessment on which the department based its appoval of the reactor. The battle between the department of environmental affairs and tourism began almost four years ago. Earthlife Africa was not afforded a hearing by the department before it took the decision to allow Eskom to begin development on the reactor. The decision means that the inititaive that was set at R10 billion has been stopped. Earthlife says that in their recommendation to the department they will encourage alternatives. No-one from government or Eskom appeared in court today. Mcdaid, Earthlife spokesperson, says their court victory is in the public interest ] [Fani Zulu, Eskom spokesperson, says the ruling doesn't permanently stop the project] [Cape High Court has ruled that Eskom should stop the development of Pebble Bed Nuclear Reactors ] ***************************************************************** 12 San Luis Obispo Tribune: Diablo inspection results to be aired | 01/26/2005 | PG&E officials and the general public will hear federal nuclear regulatory officials deliver the findings Feb. 15 David Sneed The Tribune Federal nuclear regulatory officials will hold a meeting Feb. 15 in San Luis Obispo to discuss results of a recent series of Diablo Canyon nuclear power plant engineering inspections. The agency recently completed some 700 hours of engineering inspections at the plant as part of its reactor oversight process. The results of those inspections will be presented to senior Pacific Gas and Electric Co. officials. "Five inspectors spent three weeks conducting a very comprehensive review, and this meeting will provide the public with an opportunity to hear about our findings and ask questions," said Bruce Mallet, director of the agency's Western region based in Arlington, Texas. The results of the inspection will not be available before the meeting, said Victor Dricks, agency spokesman. NRC meetings typically begin with Mallet and other agency officials presenting the results of the inspection to PG&E. Plant managers will then respond to the report and discuss the findings. Before the meeting adjourns, the public will be given the opportunity to ask questions and make comments about the inspection or other issues regarding the nuclear plant. Several recent NRC meetings have turned contentious with some members of the public questioning whether the agency is responsive enough and is adequately protecting public safety. In response, the agency said it plans to hold more meetings in San Luis Obispo, rather than holding them at the NRC regional offices in Texas. David Sneed covers environmental issues for The Tribune. E-mail story ideas and comments to him at dsneed @thetribunenews.com. ***************************************************************** 13 NRC: NRC COMMISSIONER LYONS TAKES OATH OF OFFICE U.S. NUCLEAR REGULATORY COMMISSION Office of Public Affairs Telephone: 301/415-8200 Washington, DC 20555-0001 E-mail: opa@nrc.gov www.nrc.gov No. 05-015 January 26, 2005 JANUARY 25 Peter B. Lyons was sworn in as a commissioner of the Nuclear Regulatory Commission yesterday at 1:00 p.m. by Chairman Nils J. Diaz in a brief ceremony at the NRC in Rockville, Md. The addition brings the NRC to its full complement of five commissioners for the first time since March 2003. The other members of the Commission are Edward McGaffigan Jr., Jeffrey S. Merrifield, and Gregory B. Jaczko who was sworn in last Friday (see Jan. 21 press release, No., 05-0013). Because Lyons was appointed by the President during a congressional recess, his term will expire at the end of the Senate's next session in late 2006. Lyons, 61, served eight years as science advisor to Sen. Pete Domenici, R-N.M., and to the Senate Energy and Natural Resources Committee. During that time, he focused on issues of nuclear technologies, national science policy, national and international nuclear policy, non-proliferation, energy research and development, and hydrogen technology. Before his assignment in Washington, Lyons worked as a management official at the Los Alamos National Laboratory for over 25 years supporting energy and environmental programs, industrial interactions, nuclear test diagnostics, and strategic defense initiative programs. Biographies of Commissioners Lyons and Jaczko will be available soon on NRCs Web site at http://www.nrc.gov/who-we-are/organization/commfuncdesc.html. Last revised Wednesday, January 26, 2005 ***************************************************************** 14 SF Chronicle: CALIFORNIA / Greater security for nuclear plants urged SFGate.com Keay Davidson, Chronicle Science Writer Wednesday, January 26, 2005 California Attorney General Bill Lockyer and the attorneys general from six other states, warning of possibly unimaginable nuclear catastrophes, have called on the U.S. Nuclear Regulatory Commission to order action to protect nuclear power plants against terrorist attack by air and water. Their seven-page petition, filed with the commission late Monday, says the federal agency should upgrade the plants' safety "to reflect the realities of 2005, beginning with an immediate recognition of what we all learned on September 11, 2001 ('9/11') and earlier -- terrorists may attack by air or water and in numbers greater than four." "The United States has over 100 active and retired nuclear power plants containing thousands of tons of highly radioactive and toxic fuel, waste and equipment," their petition continues. "Some of these facilities are close to major population centers where tens of millions of people live. Any significant release of radiation from such nuclear power plants could cause unimaginable human injury and economic loss." In past public discussions, critics of the nuclear industry have suggested protecting nuclear plants in ways that range from the installation of anti-aircraft guns to the erection of steel beams and barriers to shield the plants against crashing aircraft. The attorneys general from California, Arizona, New York, Illinois, Connecticut, Wisconsin and Arkansas don't recommend specific changes in plant safety procedures. But they urge the agency to "require nuclear power plant owners to prepare to repel air, water or land assaults by a group at least as large as the 19 terrorists who acted on 9/11, attacking at more than one point at the same time and using any appropriate weapons, means of sabotage and vehicles." For now, they complain, "the (NRC) standard defining the threat against which owners must protect nuclear power plants remains essentially what it was in the 1970s -- a land attack by no more than four men." Lockyer spokesman Tom Dresslar said the presence of the two major nuclear power plants -- Diablo Canyon near San Luis Obispo and San Onofre in San Diego County -- "on California soil brings into sharp relief our state's interest in strengthening the protections for nuclear power plants against terrorist attack." The petition -- which carries no legal force but could bring public pressure to bear on the agency or serve as a pretext for joint legal action by the state attorneys general -- drew a skeptical reaction from the U.S. nuclear industry. "Nuclear power plants were very secure before the Sept. 11 attacks and now, with many additional security measures in place, they are even more secure," Douglas J. Walters, director of emergency planning and security for an industry organization, the Nuclear Energy Institute in Washington, D.C., said in a statement Tuesday. "It is correct that nuclear power plants were not originally designed to withstand the impact from jet airliners being deliberately crashed into the structures. However, the nuclear industry and the NRC have conducted independent studies of such an attack on a nuclear power plant and concluded that it is unlikely that significant harm to the public would result from such an attack." Jeff Lewis, a spokesman for Pacific Gas and Electric Co., which runs the Diablo Canyon plant, said that "dozens of improvements in security have been ordered since 9/11 by the NRC, and they've all been implemented. We've invested more than $20 million in security improvements, and that does not include raising the number of armed officers by 30 percent." He added, "I think people often don't understand how well nuclear power plants like Diablo Canyon are made. Analysis has shown that the (nuclear) containment structures would withstand the impact of a larger commercial aircraft." Ray Golden of Southern California Edison, which operates the San Onofre nuclear plant, declined to comment. The attorneys general filed their comments in support of a petition originally filed with the NRC on July 23 by the Committee to Bridge the Gap, a "nuclear watchdog" group based in Los Angeles. Its president, Daniel Hirsch, and his colleagues advocate protecting the nation's nuclear plants with a low-cost array of steel girders, mesh netting and cable barriers. Ideally, these barriers -- "Beamhenge shields," an allusion to England's Stonehenge -- could destroy an incoming plane before it rammed the plant. "It's really cheap -- it's a few steel beams," Hirsch said Tuesday. He added that he was thrilled by the attorneys general's action: "They have weighed in to say that the federal government is inadequately protecting the nation's nuclear reactors." The attorneys general behind the petition are Lockyer, Terry Goddard of Arizona, Eliot Spitzer of New York, Lisa Madigan of Illinois, Richard Blumenthal of Connecticut, Peg Lautenschlager of Wisconsin and Mike Beebe of Arkansas. Their petition notes that "Khalid Sheikh Mohammed, the admitted mastermind of the 9/11 attacks, described his original plan as: 'A total of 10 aircraft to be hijacked, nine of which would crash into targets on both coasts -- they included those eventually hit on Sept. 11 plus CIA and FBI headquarters, nuclear power plants, and the tallest buildings in California and the state of Washington.' " E-mail Keay Davidson at kdavidson@sfchronicle.com. Page B - 1 2005 San Francisco Chronicle | Feedback | FAQ | Contact ***************************************************************** 15 toledo blade: Fermi leak nonnuclear, but source uncertain Article published Wednesday, January 26, 2005 Coolant involved not part of reactor system By TOM HENRY BLADE STAFF WRITER NEWPORT, Mich. - Fermi II's unexpected leakage was not reactor coolant, a bit of information that drew a collective sigh of relief from the Nuclear Regulatory Commission and others yesterday. Loss-of-coolant accidents are symptoms that a catastrophic meltdown could be in the making. Lose enough coolant over a reactor, and it's a full-fledged emergency to avoid a nuclear meltdown. At 4:19 p.m. Monday, Detroit Edison knew nothing other than that there was an unexplained leak and excessive water being collected by the sump inside Fermi II's radioactive containment area. Jan Strasma, a NRC spokesman, said the company acted responsibly by manually shutting down the reactor and not assuming anything. Mr. Strasma said the regulatory agency's initial fear was a leak of radioactive coolant water, but that concern subsided after inspections ruled that out. "Initially, they didn't know what the source was, so they acted as if it was a reactor coolant leak when they started," he said. "The utility took the appropriate action in shutting down the plant. We do not have any issues with their handling of the event," he added. Although the actual leak wasn't expected to be pinpointed until after workers entered the containment area last night, the utility on Monday night attributed the problem to a separate, closed water system that's used to cool equipment other than the reactor. That particular system cools equipment both inside and outside of the radioactive containment area, Mr. Strasma said. The company ruled out reactor coolant water after analyzing a sample drawn by the containment sump. It found a corrosion-inhibiting chemical that's typically in the non-reactor cooling water. Operators also did not see any increase in radioactivity within the containment area - a symptom they would have expected to find if reactor coolant, which is radioactive, leaked. Instead, radioactivity in the containment area declined slightly, indicating the presence of nonradioactive water, Mr. Strasma said. The utility's next step was to close part of the nonreactor cooling water system. Doing so instantly dropped the leakage rate from 50 gallons a minute to less than 1 gallon a minute, he said. The plant was put on an alert status at 4:40 p.m. Monday, when the rate of leakage started to exceed 50 gallons a minute. Shortly before 10 p.m., the nonreactor cooling water system was identified as the likely source of rupture. The leakage was under control enough for the alert to be called off at 10:28 p.m., he said. John Austerberry, a Detroit Edison spokesman, said it was not known if the leak was overlooked during the plant's recent maintenance outage or if it developed within the past couple of days. The leak involved about 20,000 gallons of water, roughly enough to fill a backyard swimming pool that's about 16 feet by 34 feet and five feet deep. But it's only a little more than 1 percent of the 1.5 million gallons of water used to snuff out a Christmas day fire in 1993 at Fermi II, after a turbine blade broke off, ripping through a floor and causing extensive damage, including the fire. Water used to extinguish that fire picked up radiation from the plant, but was gradually discharged into Lake Erie. Mr. Austerberry said there are no plans to discharge water from Monday's leakage. The water has been processed through a radioactive waste treatment system and will be put back into the cooling system, he said. Detroit Edison hopes to get Fermi II back into operation soon, but declined to predict when the plant will restart. "From all we know at this point, we think it would be a matter of days instead of weeks or longer," Mr. Austerberry said. The Michigan Public Service Commission yesterday ordered Detroit Edison to file a report about the incident by Feb. 4. The utility will comply, Mr. Austerberry said. The NRC will leave its inspection up to its two full-time resident inspectors, Mr. Strasma said. Contact Tom Henry at: thenry@theblade.com or 419-724-6079. © 2005 The Blade. The Toledo Blade Company, 541 N. Superior St., Toledo, OH 43660 , (419) 724-6000 ***************************************************************** 16 Business Line: NTPC mulls nuclear power generation Wednesday, 26 January , 2005, 09:04 Mumbai: National Thermal Power Corporation (NTPC) is in talks with Nuclear Power Corporation of India (NPCIL) for possibilities of entering into nuclear power business, as part of its diversification agenda. Officials of the Rs 26,000-crore company have met representatives of Nuclear Power Corporation three times in the last six months to learn more about nuclear power generation. Currently, NPCIL is the only Indian company specialising in nuclear power generation. As per the Atomic Energy Act, only Government-owned companies can set up nuclear power generation units. According to a senior NPCIL official, the company has suggested that NTPC take up an equity stake in one of the upcoming nuclear power projects. NPCIL is currently working on eight projects at four sites and will generate close to 7,000 mega watts by 2007-08, more than double its current capacity. It has also suggested that NTPC train its people on how to `balance' a nuclear plant, to begin with, and then it could proceed from there, the senior official said. NTPC, which generates more than 21,000 mega watts every year, has been pursuing the nuclear power option more aggressively for the last two quarters. Industry observers are sceptical about NTPC's move, mostly because of the technical stringency required for setting up nuclear power plants. And the fact that the Government has so far not allowed any other company to enter the atomic energy field. Although the previous NDA Government had considered allowing private sector participation in nuclear power generation, the new United Progressive Alliance Government has not yet moved on the idea. NTPC had, in its Corporate Plan 2017 approved by the Union Government, announced its plans to diversify into hydro and nuclear power generation. According to estimates, the viability of thermal power is expected to take a hit because of rise in costs of mining and transporting coal over the coming decade. The per unit cost of generating coal-based power is expected to go up to Rs 4 in the next 10 years, making it unviable for the average Indian customer, according to estimates drawn up by NTPC, said a senior NTPC official. Although nuclear power has been considered to be an expensive option, the average capacity of the plants operated by Nuclear Power Corporation has steadily risen from 60 per cent in 1995-96 to 85 per cent in 2001-02. © Copyright Sify Ltd, 1998-2004. All rights reserved. ***************************************************************** 17 Reuters: S.Africa court suspends nuclear plant approval 26 Jan 2005 08:51:59 GMT Source: Reuters CAPE TOWN, Jan 26 (Reuters) - South Africa's Cape High Court on Wednesday suspended a government decision to allow electricity utility Eskom to start developing a new nuclear power reactor near Cape Town. The government had given Eskom the go-ahead to build a pilot pebble bed modular reactor near the site of its only existing nuclear power-generating plant in an effort to meet rising demand for power, forecast to outstrip supply within three years. "The decision was flawed and has been set aside," Judge Ben Briesel said, adding that environmental groups must be given further opportunity to comment on the project. AlertNet news is provided by ***************************************************************** 18 Suffolk Life Newspapers: NRC Reinforces Millstone Safety 'US Nuclear Plants Do Not Explode' By:Stephen Feller January 26, 2005 Despite the concerns of state and local representatives of the East End of Long Island, the federal agency responsible for nuclear power plants maintains the standard area for an emergency plan is enough, adding that under no circumstance would residents on that part of the Island be in danger in the event of an emergency at a Connecticut nuclear power plant located just across the Long Island Sound. A spokesperson for the Nuclear Regulatory Commission reinforced accepted science and support for the required emergency preparedness zone that provides for plans within a 10-mile radius around the Millstone Power Station, saying residents of the North Fork and other Long Island regions would not be in danger in the event of an emergency. "We don't believe any dosage [of nuclear radiation or materials] would affect residents ... beyond the 10-mile EPZ," said Diane Screnci, NRC Region 1 spokesperson. "It's based on science; what you expect the dose to be." Screnci said even if an emergency were to occur, and it was decided that residents beyond the 10-mile zone could be in danger, "with detailed planning in place for 10 miles, it can be expanded." Southold Supervisor Josh Horton, who mentioned at a January 11 NRC public discussion forum that only a small portion is within the defined EPZ, said he was skeptical of the safety assurances given by the agency. "Solid science is not going to keep the residents of the North Fork and the rest of Long Island from trying to quickly vacate the area," Horton said. Joseph Williams, deputy commissioner of fire rescue and emergency services for Suffolk County, said he was not sure how long it would take to evacuate the entire North Fork in the event of an emergency because that sort of drill has not been run before. He did, however, agree with Horton's assertion that the only way off the North Fork is Route 25, aside from a small selection of even smaller roads. Assemblywoman Pat Acampora (R-Riverhead) said the Shoreham nuclear plant was not permitted to fully go online because of a lack of an evacuation plan, and that the lack of a plan was due to a lack of viable ways to evacuate residents. Sighting a desire to "be prepared to move people," Acampora said these are not the first discussions of expanding the Millstone EPZ to include more of LI. "We've been fighting for the expansion of that 10-mile radius for a few years," Acampora said. "We'd like the federal government to be considerate of a population that keeps growing." According to Screnci, nuclear doses would have to exceed protection guidelines set by the federal government which are tied to the decision that a 10-mile radius was further than would be needed in the event of an emergency at a nuclear power plant during related hearings held in the 1970s. While there was a partial meltdown at the Three Mile Island nuclear power plant in Pennsylvania, the most notable nuclear power plant accident was the one at Chernobyl, Ukraine in 1986. After that explosion, public access to an 18.6-mile radius around the plant was closed off and 135,000 people were evacuated from the area, according to an NRC fact sheet. Citing knowledge gained from the accident, as well as differences between Chernobyl and American nuclear plants, Screnci said comparing the two was like comparing apples to oranges. She said a containment building, which Chernobyl did not have, would contain a good portion of any nuclear material or explosion, for the most part protecting the surrounding area. Screnci also cited the extreme safety of American plants. "American nuclear power plants do not explode," Screnci said, basing this on both the construction and oversight of nuclear plants in this country. Screnci said that in addition to built-in safety and extreme precautionary operational guidelines, every American nuclear plant has full-time NRC inspectors working on-site. She said Millstone has three to monitor the two active units at the power station, and if there is a reason to look into something at the permanently shut down third unit, an additional inspector is called in. All three units had been shut down in 1996 by the NRC, who sited safety concerns for shutting them off. However, two were permitted to restart operation in 1998 and 1999, after intense supervision of repairs to problems. Horton sighted the permanent shutdown of one of the three Millstone units as evidence that "there's problems" with the facility - which continues to raise his concern over the plant and the desire to have the federally-mandated EPZ extended to cover not only Southold, but both the North and South Forks and other potentially affected areas of Long Island. "If something happens at Millstone, it's not going to be enough to go on WLNG and tell residents to put duct tape on their windows," Horton said. ©Suffolk Life Newspapers 2005 Mary Lampert Jan, 26 2005 Sandia National Laboratory to perform a study of the consequences of a core melt at each commercial nuclear reactor. According to their 1982 study if you live in Southold NY, you live within injury range of the Millstone 2 nuclear reactor located 3.2 MI WSW of New London CT. You also live within injury range of the Millstone 3. What does living within injury range mean? The zone for peak early injuries is the area surrounding a plant in which radiation-related injuries are expected to occur following an accident. This includes only injuries that would require hospitalization or other medical attention - such as sterility, thyroid nodules, vomiting and cataracts. Government data estimates that an accident at Millstone 2 would lead to 18,000 deaths and 18,000 injuries within a year, as well as 33,000 cancer deaths over the lifetime of the exposed population. The cost of such an accident was predicted to be $135 billion in 1980. The estimates from the 1982 Sandia Study are conservative because the federal study, CRAC II: • used census data from 1970; • assumed entire 10-mile EPZ would be evacuated within at most six hours after issuance order; • assumed aggressive medical treatment for all victims of acute radiation exposure in developing numbers for early fatalities and used a now obsolete correlation between radiation dose and cancer risk that underestimated the risk by a factor of 4 relative to current models; • sampled only 100 weather sequences out of over eight thousand (an entire year’s worth), a method that underestimates the peak value over the course of a year by 30% Copyright © 1995 - 2005 PowerOne Media, Inc.All Rights ***************************************************************** 19 Newsday: Group slams power plants over pollutants NY Newsday.com Newsday series examines the mounting weight of war in Iraq. Juliet Di Frenza (PHOTO BY HOWARD SCHNAPP) Jan 26, 2005 BY CYNTHIA DANIELS STAFF WRITER Two of Long Island's oldest power plants have gotten dirtier, according to a Clear the Air report released Wednesday by the New York Public Interest Research Group. "Communities living in the shadows or downwind of these polluting power plants are actually breathing in dirtier air," said Eric Bruzaitis, Long Island regional coordinator for NYPIRG, during a news conference Wednesday at the H. Lee Dennison building in Hauppauge. The report, which examined power plant emissions from 1995 to 2003, showed that 75 percent of the state's dirtiest power plants increased their annual sulfur dioxide emissions and 52 percent increased their annual carbon dioxide emissions. Long Island's Northport Power Plant, which began operating in 1967, increased its sulfur dioxide emissions by 202 percent, nitrogen dioxide emissions by 103 percent and carbon dioxide pollutants by 50 percent. The Port Jefferson Power Plant, which opened in 1958, increased sulfur dioxide emissions by 6 percent, nitrogen dioxide emissions by 21 percent and carbon dioxide emissions by 19 percent. Robert Teetz, director of environmental engineering and compliance for KeySpan, which owns and operates both plants, said the company has spent more than $100 million in the past decade to add emissions-reducing dual fuel capability to the facilities. "Whether we're burning oil or gas, we are still meeting our emissions limitations in permits by a very high margin," Teetz said. "You have to look over long time period to see change in emissions, you can't pick out selected years." Although Teetz said he hadn't seen the report, he said that from 1985 to the present, KeySpan has lowered total emissions by 75 percent. As the news conference took place, the U.S. Senate Subcommittee on Clean Air, Climate Change, and Nuclear Safety met in Washington, D.C., to listen to testimony regarding President George W. Bush's Clear Skies Act of 2005, an initiative Bruzaitis said would weaken clean air safeguards. "Unfortunately, because they seem to be more concerned often with the economic health of the major polluters than the health of local residents, we can no longer count upon the EPA," said Suffolk County Leg. Jon Cooper (D-Lloyd Harbor). The assembled group plans to lobby state and federal legislatures for a mandatory carbon dioxide emissions' limit, strengthening of existing clean air programs and enforcement of the New Source Review Program, which ensures healthy air for every community. "We have two power plants on the Island that are spitting out increasing numbers," Bruzaitis said. "We need to be doing more." Copyright © 2005, Newsday, Inc. ***************************************************************** 20 NRC: Emergency Planning and Preparedness For Production and Utilization Facilities FR Doc 05-1352 [Federal Register: January 26, 2005 (Volume 70, Number 16)] [Rules and Regulations] [Page 3591-3599] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr26ja05-1] Rules and Regulations Federal Register This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. [[Page 3591]] NUCLEAR REGULATORY COMMISSION 10 CFR Part 50 RIN 3150-AH00 AGENCY: Nuclear Regulatory Commission. ACTION: Final rule. SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its emergency planning regulations governing the domestic licensing of production and utilization facilities. The final rule amends the current regulations as they relate to NRC approval of licensee changes to Emergency Action Levels (EALs). The final rule also clarifies exercise requirements for co-located licensees. These amendments are intended to resolve an inconsistency and an ambiguity in current regulations. DATES: Effective Date: April 26, 2005. FOR FURTHER INFORMATION CONTACT: Michael T. Jamgochian, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Telephone: (301) 415-3224. E-mail: . SUPPLEMENTARY INFORMATION: The Commission is making two changes to its emergency preparedness regulations contained in 10 CFR Part 50, Appendix E. The first amendment relates to NRC approval of licensee changes to EALs, paragraph IV.B and the second amendment relates to exercise requirements for co-located licensees, paragraph IV.F.2. A discussion of each of these revisions follows. (1) NRC Approval of Licensee Changes To EALs, 10 CFR Part 50, Appendix E, Paragraph IV.B. EALs are part of a licensee's emergency plan. There is an inconsistency in the emergency planning regulations regarding the threshold for when NRC approval of nuclear power plant licensee changes to EALs is required. Section 50.54(q) states that licensees may make changes to their emergency plans without Commission approval only if the changes ``do not decrease the effectiveness of the plans and the plans, as changed, continue to meet the standards of Sec. 50.47(b) and the requirements of appendix E'' to 10 CFR part 50. By contrast, Appendix E states that ``emergency action levels shall be * * * approved by NRC.'' Current industry practice follows the provisions of Sec. 50.54(q). Industry has generally made and implemented revisions to EALs without requesting NRC approval after determining that the changes do not decrease the effectiveness of the emergency plan. When the determination is made that a change constitutes a decrease in effectiveness, licensees submit the changes to the Commission for approval. If a change involves a major change to the EAL scheme, for example, changing from an EAL scheme based on NUREG-0654/FEMA-REP-1, ``Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants,'' guidance to an EAL scheme based on NUMARC/NESP-007, ``Methodology for Development of Emergency Action Levels,'' or NEI-99-01, ``Methodology for Development of Emergency Actions Levels,'' guidance or if the license proposes an alternate method for complying with the regulations, the industry practice has been to seek NRC review and approval before implementing the change. The Commission believes that prior NRC approval of every EAL change is not necessary to provide reasonable assurance that EALs will continue to provide an acceptable level of safety. This final amendment focuses on EAL changes that are of sufficient significance that a safety evaluation by the NRC is appropriate before the licensee may implement the change. The Commission believes that EAL changes that reduce the effectiveness of the emergency plan are of sufficient regulatory significance that prior NRC review and approval is warranted. This standard is the same standard that the current regulations provide for when determining whether changes to emergency plans (except EALs) require NRC review and approval. As such, this regulatory threshold has a long history of successful application. Therefore, this standard should also be used for EAL changes. On the basis of NRC's inspections of emergency plans, including EAL changes, the Commission believes that licensees have generally made appropriate determinations regarding whether an EAL change reduces the effectiveness of the emergency plan and that licensees have the capability to continue to do so. Limiting the NRC's approval to EAL changes that reduce the effectiveness of emergency plans or to an alternate method for complying with the regulations will ensure adequate NRC oversight of licensee-initiated EAL changes. This both increases regulatory effectiveness (through use of a single consistent standard for evaluating all emergency plan changes) and reduces unnecessary regulatory burden on licensees (who would not be required to submit for approval EAL changes that do not decrease the effectiveness of the emergency plan). The Commission believes a licensee's proposal to convert from one EAL scheme (e.g., NUREG-0654-based) to another EAL scheme (e.g., NUMARC/NESP-007 or NEI-99-01 based) or to a proposed alternate method for complying with the regulations is of sufficient significance to require prior NRC review and approval. NRC review and approval for such major changes in EAL methodology is necessary to ensure that there is reasonable assurance that the final EAL change will provide an acceptable level of safety. Accordingly, the Commission is revising Appendix E to 10 CFR Part 50 to provide that Commission approval of EAL changes is necessary for all EAL changes that decrease the effectiveness of the emergency plan and for changing from one EAL scheme (e.g., NUREG-0654-based) to another EAL scheme (e.g., NUMARC/NESP-007 or NEI-99-01-based) or for a proposal of an alternate method for complying with the regulations. [[Page 3592]] (2) Exercise Requirements for Co-Located Licensees, 10 CFR Part 50, Appendix E, Paragraph IV.F. The emergency planning regulations were significantly upgraded in 1980 after the accident at Three Mile Island (45 FR 55402; August 19, 1980). The upgraded 1980 regulations required an annual exercise of the onsite and offsite emergency plans. The regulations were amended in 1984 to change the frequency of participation of state and local governmental authorities in nuclear power plant offsite exercises from annual to biennial (49 FR 27733; July 6, 1984). The regulations were amended in 1996 to change the frequency of exercising the licensees' onsite emergency plans from annual to biennial (61 FR 30129; June 14, 1996). Appendix E to part 50, Paragraph IV.F.2, currently provides that the ``offsite plans for each site shall be exercised biennially'' (emphasis added) with the full or partial participation of each offsite authority having a role under the plans, and that ``each licensee at each site'' shall conduct an exercise of its onsite emergency plan every 2 years, an exercise that may be included in the full or partial participation biennial exercise.\1\ Thus, Paragraph IV.F.2 is ambiguous about the emergency preparedness exercise requirements where multiple nuclear power plants, each licensed to different licensees, are co- located at the same site. Specifically, it is ambiguous regarding whether each licensee must participate in a full or partial participation exercise of the offsite plan every 2 years, or whether the licensees may alternate their participation such that a full or partial participation exercise is held every 2 years and each licensee (at a two-licensee site) participates in a full or partial participation exercise every 4 years. \1\ 10 CFR part 50, appendix E, IV.F.2, states: 2. The plan shall describe provisions for the conduct of emergency preparedness exercises as follows: Exercises shall test the adequacy of timing and content of implementing procedures and methods, test emergency equipment and communications networks, test the public notification system, and ensure that emergency organization personnel are familiar with their duties. a. * * * b. Each licensee at each site shall conduct an exercise of its onsite emergency plan every 2 years. The exercise may be included in the full participation biennial exercise required by paragraph 2.c. of this section.* * * c. Offsite plans for each site shall be exercised biennially with full participation by each offsite authority having a role under the plan. Where the offsite authority has a role under a radiological response plan for more than one site, it shall fully participate in one exercise every 2 years and shall, at least, partially participate in other offsite plan exercises in this period. ``Full participation'' when used in conjunction with emergency preparedness exercises for a particular site means appropriate offsite local and state authorities and licensee personnel physically and actively take part in testing their integrated capability to adequately assess and respond to an accident at a commercial nuclear power plant. ``Full participation'' includes testing major observable portions of the onsite and offsite emergency plans and mobilization of state, local and licensee personnel and other resources in sufficient numbers to verify the capability to respond to the accident scenario. ``Partial participation'' when used in conjunction with emergency preparedness exercises for a particular site means appropriate offsite authorities shall actively take part in the exercise sufficient to test direction and control functions; i.e., (a) protective action decision making related to emergency action levels; and (b) communication capabilities among affected State and local authorities and the licensee. Upon consideration of the language of the current regulation and the legislative history of the exercise requirements, the Commission believes that the ambiguity in the current regulation shall be interpreted such that each nuclear power plant licensee, co-located on the same site, must participate in a full or partial participation offsite exercise every 2 years (and that each offsite authority is to participate on either a full or partial participation basis in each licensee's biennial offsite exercise). However, upon consideration of the matter, the Commission believes that requiring each licensee on a co-located site to participate in a full or partial participation exercise every 2 years, and for the offsite authorities to participate in each licensee's full or partial participation exercise, is not necessary to provide reasonable assurance that each licensee and the offsite authorities will be able to fulfill their responsibilities under the emergency plan should the plan be required to be implemented. Furthermore, the Commission believes that such an interpretation could impose an undue regulatory burden on offsite authorities. Currently, there is only one nuclear power plant site with power plants licensed to two separate licensees: The James A. FitzPatrick and Nine Mile Point site. Although the ambiguity in Paragraph IV.F.2 has limited impact today, the Commission understands that future nuclear power plant licensing concepts currently being considered by the industry include siting multiple nuclear power plants on either a single site or adjacent, contiguous sites. These plants may be owned and/or operated by different licensees. Therefore, the Commission believes that this final rulemaking is necessary to remove the ambiguity in Paragraph IV.F.2 and clearly specify the emergency preparedness exercise requirements for co-located licensees. The Commission finds that where two nuclear power plants are licensed to different licensees and meet the definition of being co- located, reasonable assurance of emergency preparedness exists where: 1. The co-located licensees would exercise their onsite plans biennially; 2. The offsite authorities would exercise their plans biennially; and, 3. The interface between offsite plans and the respective onsite plans would be exercised biennially in a full or partial participation exercise alternating between each licensee. Thus, each co-located licensee would participate in a full or partial participation exercise quadrennially. In addition, when one of the co-located licensees is participating in a full or partial participation exercise, the final rule requires any other co-located licensees to participate in activities and interaction (A) with offsite authorities. For the period between exercises, the final rule also requires the licensees to conduct emergency preparedness A. The purpose of these A would be to test and maintain interface among the affected state and local authorities and the licensees. The Commission concludes that biennial full or partial participation exercises for each co-located licensee are not warranted and that this final regulation provides a sufficient level of assurance of emergency preparedness for the following reasons. First, the final rule is consistent with the current licensees' practice for the James A. FitzPatrick/Nine Mile Point plants. This practice has been reviewed periodically by the NRC, the Federal Emergency Management Agency (FEMA), and the State of New York. NRC has continued to find that there is reasonable assurance that appropriate measures could be taken to protect the public health and safety in the event of a radiological emergency based on NRC's assessment of the adequacy of the licensees' onsite Emergency Plannings (EP) programs, FEMA's assessment of the adequacy of the offsite EP programs, and the current level of interaction between the onsite and offsite emergency response organizations in the period between full or partial participation exercises. Second, the central requirement of a ``partial participation'' exercise under the current regulations is to test the ``direction and control functions'' between the licensee and the offsite authorities (i.e., protective action decision making related to emergency action levels and communications capabilities among affected State and local authorities and the licensee). The [[Page 3593]] final rule contains a requirement that, in each of the 3 years between a licensee's participation in a full or partial participation exercise, each licensee shall participate in A with offsite authorities to test and maintain interface. By requiring that the licensee's emergency preparedness organization engage in activities and interactions with offsite authorities to exercise and test effective communication and coordination, the final rule provides the functional equivalent of a biennial exercise which tests the ``direction and control functions'' between the licensee and the offsite authorities. Id. Third, the burden of requiring each licensee to participate biennially in a full or partial participation exercise with offsite participation falls most heavily on the offsite authorities (i.e., the state and local authorities). The Commission's 1984 and 1996 rulemakings were specifically intended to reduce the schedule for offsite exercises to remove unnecessary burden on offsite authorities. However, the Commission did not explicitly address the unique circumstance of two plants located on a single site, with each plant owned by a different licensee. This final rulemaking addresses the undue burden placed upon offsite authorities in these circumstances. The final rule defines co-located licensees as two different licensees whose licensed facilities are located either on the same site or on adjacent, contiguous sites, and that share most of the following emergency planning and siting elements: 1. Plume exposure and ingestion emergency planning zones; 2. Offsite governmental authorities; 3. Offsite emergency response organizations; 4. Public notification system; and/or 5. Emergency facilities. Paragraph-by-Paragraph Discussion of Changes to 10 CFR Part 50, Appendix E A. Paragraph IV.B--Assessment Actions This paragraph is amended by adding new language governing the type and scope of EAL changes that must receive NRC approval before implementation. The final amendment clarifies that the Commission approval of EAL changes is required for changes that decrease the effectiveness of the emergency plan when a licensee proposes an alternate method for complying with the regulations, when converting from one EAL scheme (e.g., NUREG-0654-based) to another EAL scheme (e.g., NUMARC/NESP-007 or NEI-99-01-based). The final language also clarifies the existing requirement that applicants for initial reactor operating licenses and initial COLs must obtain Commission approval of initial EALs. B. Paragraph IV.F.2.--Training This paragraph is amended to articulate the emergency planning exercise requirements for co-located licensees. Under the final amendment, co-located licensees are required to exercise their onsite plans biennially. The offsite authorities will exercise their plans biennially. The interface between offsite plans and the respective onsite plans will be exercised biennially in a full or partial participation exercise alternating between each licensee. Thus, each co-located licensee will participate in a full or partial participation exercise quadrennially. In addition, when one of the co-located licensees is participating in a full or partial participation exercise, the final rule requires any other co-located licensees to participate in A with offsite authorities. For the period between exercises, the final rule also requires the licensees to conduct emergency preparedness A. The purpose of A is to test and maintain interface among the affected State and local authorities and the licensee. Table 1 provides a graphical description of one possible way of meeting the requirements of the final rule. Table 1.--Example of Emergency Preparedness Training for Two (2) Co-Located Licensees Year 1 2 3 4 5 6 7 8 9 ----------------------------------------------------------------- ----------------------------------------------------------------- ---------------------- Licensee 1.................................. X A A A X A A A X Licensee 2.................................. A A X A A A X A A Notes: X = Full or partial participation exercise (with appropriate activities and interactions with offsite authorities). A = Activities and interactions with offsite authorities. A new footnote 6 is also added to provide a definition of co- located licensees. There are two elements to the definition, both of which must be satisfied. First, co-located licensees are two different licensees whose licensed facilities are located either on the same site, or on adjacent, contiguous sites. Secondly, the co-located licensees must share most of the following emergency planning and siting elements. 1. Plume exposure and ingestion emergency planning zones; 2. Offsite governmental authorities; 3. Offsite emergency response organizations; 4. Public notification system; and/or 5. Emergency facilities. The proposed rule did not actually specify that co-located licensees are those whose facilities either share the same site, or be located on adjacent contiguous sites, this is inherent in the concept of being ``co-located.'' Nonetheless, the Commission believes that the rule should explicitly address this, and the final rule's language has been modified to include the concept of physical co-location as one of the criteria for a ``co-located'' licensee. Comments on the Proposed Rule On July 24, 2003 (68 FR 43673), the Commission published a notice of proposed rulemaking and requested public comments by October 7, 2003. A total of seven comment letters were received. One comment letter was from a member of the public, six from utilities. All of the utility letters were in favor of the proposed changes, while the public commenter suggested that the changes were unnecessary. However, the comment letters did provide suggested clarifications to the proposed amendments. A detailed evaluation of each comment received is outlined below. Comment: In Paragraph IV.B (Assessment Actions), in lieu of adding ``or licensee'' in the third sentence, one commenter proposed that the following be added after the fourth sentence, ``A revision to an EAL must be discussed and agreed on by the licensee and state and local government authorities prior to implementation.'' Response: The Commission disagrees with this comment because the Commission wants the original EAL submittals from applicants and licensees to be discussed and agreed on with the state and local governments and approved by the Commission. Additionally, the Commission continues to want EALs to be reviewed by the state and local governments annually and not only when revisions are made to the EALs. [[Page 3594]] Comment: ``Reference is made throughout the proposed rule to NUMARC/NESP-007 as an alternative EAL scheme. Since the proposed rule was issued for public comment, NRC has endorsed NEI-99-01 as another acceptable EAL scheme. It is proposed that NEI-99-01 be referenced in addition to or in lieu of NUMARC/NESP-007.'' Response: The Commission agrees with this comment and has referenced NEI-99-01 throughout the final amendment accordingly. Comment: ``The sixth and seventh sentences in the proposed Appendix E, Paragraph IV.B appear redundant to Sec. 50.54(q), with regard to emergency plan revisions, and Appendix E Paragraph V, with regard to implementing procedure revisions. Furthermore, these additions might necessitate a complementary change to Sec. 50.4(b)(5) which explicitly references submittals pursuant to Sec. 50.54(q) and appendix E Paragraph V. It is proposed that these two sentences be excluded from the final rule.'' Response: The Commission disagrees with this comment in that sentences six and seven are consistent with Sec. 50.54(q) and 50.4 regarding sending information to the Commission. Therefore, these sentences do not necessitate a complementary change to Sec. 50.4, nor should they be deleted from the final regulation. Comment: ``There is a possible ambiguity in Table 1--Example of Emergency Preparedness Training for Two (2) Co-Located Licensees. The table, as well as the text of the proposed changes, does not indicate that in those years when a licensee participates in a full- participation exercise, that licensee also participates in A with offsite response organizations. The result of this ambiguity could be an interpretation that only the non-participating licensee has any responsibility for A during an exercise year. The wording of the text and the table should be clarified.'' Response: The Commission agrees and has modified Table 1 accordingly. Comment: ``The list of A in the proposed rule contains requirements that may not apply to sites other than the James A. FitzPatrick and Nine Mile Point sites, currently the only site with two power plants licensed to two separate licensees. For instance, the last recommended interaction is ``Licensee provides use of weapons firing range to local and state law enforcement (Sheriff, State Police).'' While this interaction may have been negotiated as part of a support agreement for offsite response agencies at one site, it may not be appropriate at other sites.'' Response: The Commission agrees and has modified the list of A that are now contained in Regulatory Guide 1.101, Rev 5. Comment: The language in Sec. 50.54(q) could be further improved by establishing clear criteria for what constitutes a decrease in effectiveness of the Emergency Plan. Specifically, the following language should be revised, ``may make changes to these plans without Commission approval only if the changes do not decrease the effectiveness of the plans and the plans, as changed, continue to meet the standards of paragraph 50.47(b) and the requirements of Appendix E to this part.'' The commenter suggested to add the words ``a change to an emergency plan will not decrease the effectiveness of the plan if the change will not decrease the abilities of the emergency response organization, and/ or supporting emergency response facilities and equipment, as required by paragraphs 10 CFR 50.47(b) and appendix E, or equivalent measures approved under 10 CFR 50.47(c), to reasonably assure the adequate protection of public health and safety in the event of a radiological emergency as stated in 10 CFR 50.47(a)(1). The change cannot delete any of the capabilities described in 10 CFR 50.47(b) and (d), or in appendix E to 10 CFR part 50.'' Response: While the Commission recognizes the merits of this comment, revising 10 CFR 50.54(q) to define what is meant by ``decreasing the effectiveness'' of the emergency plans was not published as part of the proposed rule and is therefore beyond the scope of this rulemaking. Comment: One commenter believes that clarifying exercise requirements to allow alternating participation in exercises for co- located licensees will remove ambiguity that currently exists. The proposed exercise frequency, coupled with the detailed activities and interactions, will continue to provide a sufficient level of assurance of offsite emergency preparedness. Also, it will provide clear guidance for future licensing actions and avoid undue burden on offsite response organizations. Section B. [69 FR 43675-43676] is very specific in its wording as to what is the responsibility of the licensee. In this regard the rule should not be specific but refer to the commitments defined in the respective emergency response plans. The commenter believes the licensee, state, and local emergency response organizations should have the latitude to determine the appropriate training and implementation responsibilities. Response: The Commission agrees and has removed the list of A from this rulemaking but has placed that list of A into Regulatory Guide 1.101, Rev. 5. Comment: One commenter believes the proposed amendment to Appendix E, paragraph IV.B is unnecessary. The commenter states that the conclusion that the current regulations are unclear and can be interpreted to require prior NRC approval for all changes to a licensee's EAL requires a torturous reading of the current language. Response: The Commission disagrees with this comment. The Commission believes that the regulations are ambiguous enough to be read to require NRC approval for all EAL changes. Consequently, the amendment to appendix E, paragraph IV.B is necessary to clarify that NRC approval of all EAL changes is not necessary to ensure an adequate level of safety. Metric Policy On October 7, 1992, the Commission published its final Policy Statement on Metrication. According to that policy, after January 7, 1993, all new regulations and major amendments to existing regulations were to be presented in dual units. These final amendments to the regulations contain no units. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995, Public Law 104-113, requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless using such a standard is inconsistent with applicable law or is otherwise impractical. This final rulemaking addresses two matters: (1) The circumstances under which a licensee may modify an existing EAL without prior NRC review and approval; and (2) The nature and scheduling of emergency preparedness exercises for two different licensees of nuclear power plants which are co- located on the same site (co-located licensees). These are not matters which are appropriate for addressing in industry consensus standards, and have not been the subject of these standards. Accordingly, this final rulemaking is not within the purview of the National Technology Transfer and Advancement Act of 1995, Public Law 104-113. [[Page 3595]] Environmental Assessment and Finding of No Significant Impact The Commission has determined under the National Environmental Policy Act of 1969, as amended, and the Commission's regulations in Subpart A of 10 CFR part 51, that the final amendments are not major Federal actions significantly affecting the quality of human environment, and therefore, an environmental impact statement is not required. The basis for this determination reads as follows: Need for the Action 1. NRC Review of Changes to Emergency Action Levels 10 CFR 50.54(q) states that licensees may make changes to their emergency plans without Commission approval only if the changes ``do not decrease the effectiveness of the plans and the plans, as changed, continue to meet the standards of 10 CFR 50.47(b) and the requirements of Appendix E'' to 10 CFR part 50. By contrast, Appendix E states that ``emergency action levels shall be * * * approved by NRC.'' The industry practice, in general, has been to revise EALs in ways that do not reduce the effectiveness of the emergency plan and to implement the changes in accordance with Sec. 50.54(q) without requesting NRC approval. The Commission believes that the current regulations are unclear and can be interpreted to require prior NRC approval for all licensee EAL changes. The Commission has determined that NRC approval of all EAL changes is not necessary to ensure an adequate level of safety. Thus, the current regulation imposes an unnecessary burden on licensees and the NRC. 2. Exercise Requirements for Co-Located Licensees (paragraph IV.F.2.) 10 CFR Part 50, appendix E, requires that the offsite emergency plans for each site shall be exercised biennially with the full or partial participation of each offsite authority having a role under the plans and that each licensee at each site shall conduct an exercise of its onsite emergency plan every 2 years, an exercise that may be included in the full participation biennial exercise. Paragraph IV.F.2 is ambiguous about the emergency preparedness exercise requirements where two nuclear power plants, each licensed to a different licensee, meet the definition of being co-located. Specifically, it is ambiguous regarding whether each licensee must participate in a full- participation exercise of the offsite plan every 2 years, or whether the licensees may alternate their participation, so that a full participation exercise is held every 2 years and each licensee (at a two-licensee site) participates in a full participation exercise every 4 years. Upon consideration of the language of the current regulation and the legislative history of the exercise requirements, the Commission believes that the ambiguity in the current regulations can be interpreted that each nuclear power plant licensee co-located on either the same site, or two or more adjacent, contiguous sites, must participate in a full participation offsite exercise every 2 years (and that each offsite authority is to participate on either a full or partial participation basis in the licensee's biennial offsite exercise). However, the Commission believes that requiring each co-located licensee to participate in a full participation exercise every 2 years, and for the offsite authorities to participate in each licensee's full participation exercise, is not necessary to provide reasonable assurance that each licensee and the offsite authorities will be able to fulfill their responsibilities under the emergency plan should the plan be required to be implemented. Furthermore, the Commission believes that this interpretation could impose an undue regulatory burden on offsite authorities. Therefore, the Commission believes that rulemaking is necessary to make clear that each co-located licensee need not participate in a full participation offsite exercise every 2 years. The Commission finds that where two nuclear power plants are licensed to different licensees and meet the definition of being co- located, reasonable assurance of emergency preparedness exists where: (1) The co-located licensees would exercise their onsite plans biennially; (2) The offsite authorities would exercise their plans biennially; and, (3) The interface between offsite plans and the respective onsite plans would be exercised biennially in a full or partial participation exercise alternating between each licensee. Thus, each co-located licensee would participate in a full or partial participation exercise quadrennially. In addition, when one of the co-located licensees is participating in a full or partial participation exercise, the final rule requires the other co-located licensee to participate in A with offsite authorities. For the period between exercises, the final rule also requires the licensees to conduct emergency preparedness activities and interactions. The purpose of A would be to test and maintain interface among the affected state and local authorities and the licensees. Environmental Impact of the Final Actions The NRC believes that the environmental impact for the final rule is negligible. The final rule does not require any changes to the design or the structures, systems and components of any nuclear power plant. The final rule would not require any changes to licensee programs and procedures for actual operation of nuclear power plants. Thus, there would be no change in radiation dose to any member of the public which may be attributed to the final rule, nor will there be any changes in occupational exposures to workers. Furthermore, the final rule will not result in any changes that would increase or change the nature of nonradiological effluents from nuclear power plants. Alternative to the Final Actions The alternative to the final action is to not revise the regulations (i.e., the no action alternative). No environmental impacts are associated with the no action alternative. Agencies and Persons Consulted Cognizant personnel from the Federal Emergency Management Agency and New York State (for the co-located licensee part of the rule change), were consulted as part of this rulemaking activity. Paperwork Reduction Act Statement This final rule increases the burden on co-located licensees to log activities and interactions with offsite agencies during the years that full or partial participation emergency preparedness exercises are not conducted and to prepare a one-time change to procedures to reflect the revised exercise requirements. The public burden for this information is estimated to average 30 hours per co-located licensee per year. Because the burden for this information collection is insignificant, OMB clearance is not required. Existing requirements were approved by the OMB, approval number 3150-0011. Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting document displays a currently valid OMB control number. Regulatory Analysis The NRC has prepared a regulatory analysis on this regulation. This analysis examines the costs and benefits [[Page 3596]] of the alternatives considered by the Commission. I. Statement of Problem and Objectives The Commission is making two changes to its emergency preparedness regulations contained in 10 CFR part 50, appendix E. The first amendment relates to the NRC approval of licensee changes to EALs, paragraph IV.B and the second amendment relates to exercise requirements for co-located licensees, paragraph IV.F.2. A discussion of each of these final amendments follows. (1) NRC Approval of Licensee Changes to EALs, 10 CFR Part 50, Appendix E, Paragraph IV.B EALs are part of a licensee's emergency plan. There is an inconsistency in the emergency planning regulations regarding the threshold for when NRC approval of nuclear power plant licensee changes to emergency action levels is required. Section 50.54(q) states that licensees may make changes to their emergency plans without Commission approval only if the changes ``do not decrease the effectiveness of the plans and the plans, as changed, continue to meet the standards of 10 CFR 50.47(b) and the requirements of appendix E'' to 10 CFR part 50. By contrast, appendix E states that ``emergency action levels shall be * * * approved by NRC.'' Current industry practice has been to make revisions to EALs and to implement them without requesting NRC approval, after determining that the changes do not reduce the effectiveness of the emergency plan in accordance with Sec. 50.54(q). When the determination is made that a final change constitutes a decrease in effectiveness, licensees submit the changes to the Commission for approval. If a change involves a major change to the EAL scheme, for example, changing from an EAL scheme based on NUREG-0654 guidance to an EAL scheme based on NUMARC/NESP-007 or NEI-99-01 guidance, or when proposing an alternate method for complying with the regulations, it has been the industry practice to seek NRC review and approval before implementing the change. (2) Exercise Requirements for Co-Located Licensees, 10 CFR Part 50, Appendix E, Paragraph IV.F The emergency planning regulations were significantly upgraded in 1980 after the accident at Three Mile Island (45 FR 55402; August 19, 1980). The updated 1980 regulations required an annual exercise of the onsite and offsite emergency plans. The regulations were amended in 1984 to change the frequency of participation of state and local governmental authorities in nuclear power plant offsite exercises from annual to biennial (49 FR 27733; July 6, 1984). The regulations were amended in 1996 to change the frequency of exercising the licensees' onsite emergency plans from annual to biennial (61 FR 30129; June 14, 1996). Appendix E, to 10 CFR part 50, paragraph IV.F.2, currently provides that the ``offsite plans for each site shall be exercised biennially'' with the full or partial participation of each offsite authority having a role under the plans, and that ``each licensee at each site'' shall conduct an exercise of its onsite emergency plan every 2 years, an exercise that may be included in the full participation biennial exercise. Thus, paragraph IV.F.2 is ambiguous about the emergency preparedness exercise requirements where two nuclear power plants, each licensed to a different licensee, and meet the definition of being co-located. Specifically, it is ambiguous regarding whether each licensee must participate in a full participation exercise of the offsite plan every 2 years, or whether the licensees may alternate their participation so that a full participation exercise is held every 2 years and each licensee (at a two-licensee site) participates in a full participation exercise every 4 years. Upon consideration of the language of the current regulation and the legislative history of the exercise requirements, the Commission believes that the ambiguity in the current regulations can be interpreted that each co-located nuclear power plant licensee must participate in a full participation offsite exercise every 2 years (and that each offsite authority is to participate on either a full or partial participation basis in each licensee's biennial offsite exercise). However, upon consideration of the matter, the Commission believes that requiring each co-located licensee to participate in a full participation exercise every 2 years, and for the offsite authorities to participate in each licensee's full participation exercise, is not necessary to provide reasonable assurance that each licensee and the offsite authorities will be able to fulfill their responsibilities under the emergency plan should the plan be required to be implemented. Furthermore, the Commission believes that this interpretation could impose an undue regulatory burden on offsite authorities. Currently, there is only one nuclear power plant site with two power plants licensed to two separate licensees: the James A. FitzPatrick and Nine Mile Point site. Although the ambiguity in paragraph IV.F.2 has limited impact today, the Commission understands that future nuclear power plant licensing concepts currently being considered by the industry include siting multiple nuclear power plants on either a single site or adjacent, contiguous sites. These plants may be owned and/or operated by different licensees. Therefore, the Commission believes that this rulemaking is necessary to remove the ambiguity in paragraph IV.F.2 and clearly specify the emergency preparedness exercise obligations of co-located licensees. The Commission has determined that where two nuclear power plants are licensed to different licensees and meet the definition of being co-located, reasonable assurance of emergency preparedness exists where: (1) The co-located licensees would exercise their onsite plans biennially; (2) The offsite authorities would exercise their plans biennially; and (3) The interface between offsite plans and the respective onsite plans would be exercised biennially in a full or partial participation exercise alternating between each licensee. Thus, each co-located licensee would participate in a full or partial participation exercise quadrennially. In addition, in the year when one of the co-located licensees is participating in a full or partial participation exercise, the final rule requires the other co- located licensee to participate in A with offsite authorities. For the period between exercises, the final rule also requires the licensees to conduct emergency preparedness activities and interactions. The purpose of A would be to test and maintain interface among the affected state and local authorities and the licensees. The final rule defines co-located licensees as two different licensees whose licensed facilities are located either on the same site or on adjacent, contiguous sites, and that share most of the following emergency planning and siting elements. 1. Plume exposure and ingestion emergency planning zones; 2. Offsite governmental authorities; 3. Offsite emergency response organizations, 4. Public notification system; and/or 5. Emergency facilities. II. Background (1) Emergency Action Levels (Paragraph IV.B) EALs are thresholds of plant parameters (such as containment pressure and radiation levels) used to classify events at nuclear power plants [[Page 3597]] into one of four emergency classes (Notification of Unusual Event, Alert, Site Area Emergency, or General Emergency). EALs are required by appendix E to 10 CFR part 50 and Sec. 50.47(b)(4), and are contained in licensees' emergency plans and emergency plan implementing procedures. Section 50.54(q) states that licensees can make changes to their emergency plans without Commission approval only if the changes ``do not decrease the effectiveness of the plans and the plans, as changed, continue to meet the standards of Sec. 50.47(b) and the requirements of appendix E'' to 10 CFR part 50. However, Appendix E to 10 CFR part 50 states that, ``These emergency action levels shall be discussed and agreed on by the applicant and state and local governmental authorities and approved by NRC.'' Because EALs are required to be included in the emergency plan, the issue is whether changes to EALs incorporated into the emergency plan are subject to the change requirements in 10 CFR 50.54(q), or to the more restrictive requirement in appendix E to 10 CFR part 50. (2) Exercise Requirements for Co-Located Licensees (Paragraph IV.F.2) The NRC's current regulations contained in appendix E to 10 CFR part 50, require that the offsite emergency plans for each site shall be exercised biennially with the full or partial participation of each offsite authority having a role under the plans and that each licensee at each site shall conduct an exercise of its onsite emergency plan every 2 years, an exercise that may be included in the full participation biennial exercise. This exercise requirement, though straightforward, has implementation and compliance problems when two or more licensees' facilities are located either on the same site or on adjacent, contiguous sites, thereby requiring the same state to conduct a full participation exercise with each co-located licensee every year. There is currently only one site with two licensees, the Nine Mile Point and James A. FitzPatrick site. However, the nuclear industry has expressed the possibility of locating new plants on currently approved sites, possibly with different licensees, thus the need for this final rule change. III. Rulemaking Options for Both Amendments Option 1--Revise the regulations to reflect current staff and licensee practices. Option 2--Not to revise the regulations. IV. Alternatives Impact(s) Option 1 for the EAL revisions would amend the existing regulations to eliminate the inconsistency between the requirements of 10 CFR part 50, appendix E and Sec. 50.54(q) relating to approval of changes to EALs and reflect current staff and licensee practice. This would be done by amending appendix E to 10 CFR part 50 to require NRC to approve new EAL schemes, as well as proposals of alternate methods for complying with the regulations, and requiring Commission approval of revisions to EALs that reduce the effectiveness of the emergency plans in accordance with Sec. 50.54(q). The rulemaking would provide a means for licensees to make changes to their EALs while reducing unnecessary regulatory burden. Once the rule is revised, licensees could make EAL changes that do not decrease the effectiveness of the emergency plan without a submittal for prior approval from the Commission. This approach would reduce the unnecessary regulatory burden on licensees. Option 2 for EAL changes would retain the inconsistency in the regulations, thereby increasing the unnecessary burden on licensees and the NRC staff in addressing questions on a case-by-case basis. Option 1 (to amend the regulation) for co-located licensees would maintain safety because emergency planning exercises would continue to be required at the frequency which has provided reasonable assurance that the emergency plans can be implemented. The impact of Option 1 on the resources of licensees and offsite authorities would be minimal. Option 1 would reflect what licensees are currently doing and, therefore, there would not be a change in existing acceptable practices. Clarification of the regulatory requirements would modify wording that has resulted in an ambiguous understanding of the requirements. This option would require NRC resources to conduct the rulemaking. The activities and interactions that would test and maintain the interface for co-located licensees and offsite authorities in the period between exercises will provide a consistent expectation and basis for these activities. The level of A adequate to maintain an appropriate level of preparedness would be ensured. The impact of the no rulemaking option (option 2) for the co- located licensee exercise revision on the resources of staff, licensees and offsite authorities would be minimal. However, without clarification of the regulatory requirements, there would be the continued ambiguity in the requirements for future co-located licensee situations. The impact of these continued ambiguities is that potential confusion over requirements would have to be resolved on a case-by-case basis by the staff. This option would not require NRC resources for conducting a rulemaking. V. Estimation and Evaluation of Values and Impacts The final amendments modify current requirements in the NRC's approval of changes to EALs and the participation in emergency preparedness exercises for co-located licensees. The change in the requirement for NRC approval of EALs is being made for consistency, and because it reflects current practice. It reflects the Commission's original intent and does not impose a burden on licensees. However, the second change does modify the information collection requirements and impacts the burden on future co-located licensees. Current co-located licensees have implemented an emergency planning training regime consistent with the final rule. The final amendment requires that future co-located licensees exercise their onsite plans biennially. The offsite authorities would exercise their plans biennially. The interface between offsite plans and the respective onsite plans would be exercised biennially in a full or partial participation exercise alternating between each licensee. Thus, each co-located licensee will participate in a full or partial participation exercise quadrennially. In addition, in the year when one of the co-located licensees is participating in a full or partial participation exercise, the final rule requires any other co-located licensees to participate in activities and interactions with offsite authorities. For the period between exercises, the final rule requires each licensee to conduct emergency preparedness activities and interactions. Likewise each co-located licensee would log the activities and interactions with offsite authorities that are also conducted in the period between exercises. This final rule does not increase the burden on current co-located licensees because they have an emergency planning training regime consistent with the final rule. Future co-located licensees would keep a log of the A with offsite authorities which is estimated to average 30 hours per co-located licensee per year. [[Page 3598]] VI. Presentation of Results As noted, the impact on a co-located licensee to implement the final rule change is 30 hours per year per co-located licensee. This time would be used to maintain a log of the A with offsite authorities. At an assumed average hourly rate of $156/hour, the total industry implementation cost is estimated at $9,360. The cost for an individual co-located licensee is $4,680 per year. With respect to the EAL rule change, licensees would save staff time by having explicit NRC requirements and guidance that will assist the licensees in the proper submittals of EAL changes. The impact of improved regulations on the NRC is a decrease in the amount of staff time needed to review licensee EAL changes. This is estimated to be about a 100 staff-hour reduction or a $8,000 savings to the NRC per year (assuming a $80 hourly rate for NRC staff time). However, it is uncertain as to how many EAL changes might have been received by the NRC. There would be several additional benefits associated with these amendments. The greatest would be the increased assurance that the Commission's regulations are consistent and not ambiguous. Further, by addressing these issues generically through rulemaking rather than continuing the current case-by-case approach, it is expected that the burden on the NRC staff would be reduced by several hours for each licensee EAL change as well as future co-located licensees' exercise requirements that NRC would need to approve. Another beneficial attribute to this final action is regulatory efficiency resulting from the expeditious handling of future licensing actions by providing regulatory predictability and stability for the EAL changes as well as the exercise requirements for co-located licensees. VII. Decision Rationale for Selection of the Final Action As previously discussed, the additional burdens on a licensee and the NRC are expected to be modest. However, a revision of the requirements is desirable to remove ambiguities in the current regulations while maintaining safety and reducing unnecessary regulatory burden. VIII. Implementation The final rule takes effect 90 days after publication in the Federal Register. Regulatory Flexibility Certification In accordance with the Regulatory Flexibility Act of 1980, 5 U.S.C. 605(b), the Commission certifies that the final rule will not have a significant economic impact on a substantial number of small entities. The final rule would affect only States and licensees of nuclear power plants. These States and licensees do not fall within the scope of the definition of ``small entities'' set forth in the Regulatory Flexibility Act, or the size standards established by the NRC (10 CFR 2.810). Backfit Analysis (1) NRC Approval of EAL Changes The final rule, which eliminates the need for NRC approval for certain EAL changes, does not constitute a backfit as defined in Sec. 50.109(a)(1). Although 10 CFR 50.54(q) permits licensees to make changes to their emergency plans which do not decrease the effectiveness of the plans, 10 CFR part 50, appendix E currently requires that all EALs shall be approved by NRC. The final rule clarifies the 10 CFR Part 50, Appendix E requirement to permit licensee changes to EALs without NRC approval if the changes do not decrease the effectiveness of the emergency plan. The final rule requires NRC approval for those EAL changes which decrease the effectiveness of the emergency plan, NRC approval when a licensee proposes to change from one EAL scheme to another as well as proposals of an alternate method for complying with the regulations. The final rule clarifies the requirements and represents the current practice of making changes under Sec. 50.54 (q) requirements and is therefore not a backfit. In addition, the final rule applies prospectively to changes initiated by licensees. The Commission has indicated in various rulemakings that the Backfit Rule does not protect the prospects of a potential applicant nor does the Backfit Rule apply when a licensee seeks a change in the terms and conditions of its license. A licensee- initiated change to an EAL does not fall within the scope of actions protected by the Backfit Rule and, therefore, the Backfit Rule does not apply to this final rulemaking. (2) Co-Located Licensee The amendment that addresses the regulatory ambiguity regarding exercise participation requirements for co-located licensees applies to the existing co-located licensees for the Nine Mile Point and James A. FitzPatrick site and prospectively to future co-located licensees. With respect to the Nine Mile Point and James A. FitzPatrick licensees, the final rule would arguably constitute a backfit, inasmuch as there is some correspondence between the licensees and the NRC which may be interpreted as constituting NRC approval of ``alternating participation'' by each licensee in a full or partial participation exercise every 2 years. The backfit may not fall within the scope of the compliance exception, 10 CFR 50.109(a)(4)(i), in view of the lack of new information showing that the prior NRC approval of ``alternating participation'' was based upon a factual error or new information not known to the NRC at the time that the NRC approved ``alternating participation.'' However, these licensees have informally been implementing an emergency planning training regime since year 2000 that is consistent with the final rule. Accordingly, the NRC will not prepare a backfit analysis addressing the Nine Mile Point and James A. FitzPatrick licensees. With respect to future holders of operating licenses (including combined licenses under Part 52) for nuclear power plants which meet the definition of being co-located, the Commission has indicated in various rulemakings that the Backfit Rule does not protect the prospects of a potential applicant. Small Business Regulatory Enforcement Fairness Act In accordance with the Small Business Regulatory Enforcement Fairness Act of 1996, the NRC has determined that this action is not a major rule and has verified this determination with the Office of Information and Regulatory Affairs of Office of Management and Budget (OMB). List of Subjects in 10 CFR Part 50 Antitrust, Classified information, Criminal penalties, Fire protection, Intergovernmental relations, Nuclear power plants and reactors, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements. 0 For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, the National Environmental Policy Act of 1969, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the following amendment to 10 CFR part 50. PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATIONS FACILITIES 0 1. The authority citation for part 50 continues to read as follows: [[Page 3599]] Authority: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68 Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846), sec. 1704, 112 Stat. 2750 (44 U.S.C 3504 note). Section 50.7 also issued under Pub. L 95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5841). Section 50.10 also issued under secs. 101, 185, 68 Stat. 955, as amended (42 U.S.C. 2131, 2235); sec. 102, Pub L. 91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.43 (dd), and 50.103 also issued under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138). Sections 50.23, 50.35, 50.55, and 50.56 also issued under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a, 50.55a and Appendix Q also issued under sec. 102, Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). Sections 50.58, 50.91, and 50.92 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 2239). Section 50.78 also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Sections 50.80-50.81 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Appendix F also issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237). 0 2. In appendix E to part 50, paragraphs IV. B and F.2.c are revised, footnote 5 is revised, footnotes 6 through 10 are redesignated as 7 through 11 respectively, and a new footnote 6 is added to paragraph IV.F.2.c to read as follows: Appendix E to Part 50--Emergency Planning and Preparedness for Production and Utilization Facilities * * * * * IV. Content of Emergency Plans * * * * * B. Assessment Actions The means to be used for determining the magnitude of, and for continually assessing the impact of, the release of radioactive materials shall be described, including emergency action levels that are to be used as criteria for determining the need for notification and participation of local and State agencies, the Commission, and other Federal agencies, and the emergency action levels that are to be used for determining when and what type of protective measures should be considered within and outside the site boundary to protect health and safety. The emergency action levels shall be based on in- plant conditions and instrumentation in addition to onsite and offsite monitoring. These initial emergency action levels shall be discussed and agreed on by the applicant or licensee and state and local governmental authorities, and approved by the NRC. Thereafter, emergency action levels shall be reviewed with the State and local governmental authorities on an annual basis. A revision to an emergency action level must be approved by the NRC before implementation if: (1) The licensee is changing from one emergency action level scheme to another emergency action level scheme (e.g., a change from an emergency action level scheme based on NUREG-0654 to a scheme based upon NUMARC/NESP-007 or NEI-99-01); (2) The licensee is proposing an alternate method for complying with the regulations; or (3) The emergency action level revision decreases the effectiveness of the emergency plan. A licensee shall submit each request for NRC approval of the proposed emergency action level change as specified in Sec. 50.4. If a licensee makes a change to an EAL that does not require NRC approval, the licensee shall submit, as specified in Sec. 50.4, a report of each change made within 30 days after the change is made. * * * * * F. Training 2. * * * c. Offsite plans for each site shall be exercised biennially with full participation by each offsite authority having a role under the plan. Where the offsite authority has a role under a radiological response plan for more than one site, it shall fully participate in one exercise every 2 years and shall, at least, partially participate \5\ in other offsite plan exercises in this period. If two different licensees whose licensed facilities are located either on the same site or on adjacent, contiguous sites, and that share most of the elements defining co-located licensees,\6\ each licensee shall: (1) Conduct an exercise biennially of its onsite emergency plan; and (2) Participate quadrennially in an offsite biennial full or partial participation exercise; and (3) Conduct emergency preparedness activities and interactions in the years between its participation in the offsite full or partial participation exercise with offsite authorities, to test and maintain interface among the affected state and local authorities and the licensee. Co-located licensees shall also participate in emergency preparedness activities and interaction with offsite authorities for the period between exercises. * * * * * \5\ ``Partial participation'' when used in conjunction with emergency preparedness exercises for a particular site means appropriate offsite authorities shall actively take part in the exercise sufficient to test direction and control functions; i.e., (a) protective action decision making related to emergency action levels, and (b) communication capabilities among affected State and local authorities and the licensee. \6\ Co-located licensees are two different licensees whose licensed facilities are located either on the same site or on adjacent, contiguous sites, and that share most of the following emergency planning and siting elements: a. plume exposure and ingestion emergency planning zones, b. offsite governmental authorities, c. offsite emergency response organizations, d. public notification system, and/or e. emergency facilities * * * * * Dated at Rockville, Maryland, this 19th day of January 2005. For the Nuclear Regulatory Commission. Annette Vietti-Cook, Secretary of the Commission. [FR Doc. 05-1352 Filed 1-25-05; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 21 NRC: Nuclear Management Company, LLC Point Beach Nuclear Plant, Units FR Doc 05-1353 [Federal Register: January 26, 2005 (Volume 70, Number 16)] [Notices] [Page 3744-3745] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr26ja05-134] 1 and 2; Notice of Availability of the Draft Supplement 23 to the Generic Environmental Impact Statement and Public Meeting for the License Renewal of Point Beach Nuclear Plant, Units 1 and 2 Notice is hereby given that the U.S. Nuclear Regulatory Commission (NRC, the Commission) has published a draft plant-specific supplement to the Generic Environmental Impact Statement (GEIS), NUREG-1437, regarding the renewal of Facility Operating Licenses DPR-24 and DPR-27 for the Point Beach Nuclear Plant, Units 1 and 2 (PBNP), for an additional 20 years of operation. PBNP is located on the western shore of Lake Michigan in Two Rivers, Wisconsin, approximately 30 miles southeast of Green Bay, Wisconsin. Possible alternatives to the proposed action (license renewal) include no action and reasonable alternative energy sources. The draft Supplement to the GEIS is available for public inspection in the NRC Public Document Room (PDR) located at One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, or from the Publicly Available Records (PARS) component of NRC's Agencywide Documents Access and Management System (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS, or who encounter problems in accessing the documents located in ADAMS, should contact the PDR reference staff at 1-800-397-4209, (301) 415-4737, or by e-mail to pdr@nrc.gov. In addition, the Lester Public Library, located at 1001 Adams Street, Two Rivers,Wisconsin 54241, has agreed to make the draft supplement to the GEIS available for public inspection. Any interested party may submit comments on the draft supplement to the GEIS for consideration by the NRC staff. To be certain of consideration, comments on the draft supplement to the GEIS and the proposed action must be received by April 13, 2005. Comments received after the due date will be considered if it is practical to do so, but the NRC staff is able to assure consideration only for comments received on or before this date. Written comments on the draft supplement to the GEIS should be sent to: Chief, Rules and Directives Branch, Division of [[Page 3745]] Administrative Services, Office of Administration, Mailstop T-6D59, U.S. Nuclear Regulatory Commission, Washington, DC, 20555-0001. Comments may be hand-delivered to the NRC at 11545 Rockville Pike, Room T-6D59, Rockville, Maryland, between 7:30 a.m. and 4:15 p.m. on Federal workdays. Electronic comments may be submitted to the NRC by e- mail at PointBeachEIS@nrc.gov. All comments received by the Commission, including those made by Federal, State, local agencies, Native American Tribes, or other interested persons, will be made available electronically at the Commission's PDR in Rockville, Maryland, and from the PARS component of ADAMS. The NRC staff will hold a public meeting to present an overview of the draft plant-specific supplement to the GEIS and to accept public comments on the document. The public meeting will be held on March 3, 2005, at the Fox Hills Convention Center, 250 West Church Street in Mishicot, Wisconsin. There will be two sessions to accommodate interested parties. The first session will commence at 1:30 p.m. and will continue until 4:30 p.m. The second session will commence at 7 p.m. and will continue until 10 p.m. Both meetings will be transcribed and will include: (1) A presentation of the contents of the draft plant-specific supplement to the GEIS, and (2) the opportunity for interested government agencies, organizations, and individuals to provide comments on the draft report. Additionally, the NRC staff will host informal discussions one hour prior to the start of each session at the same location. No comments on the draft supplement to the GEIS will be accepted during the informal discussions. To be considered, comments must be provided either at the transcribed public meeting or in writing, as discussed below. Persons may pre-register to attend or present oral comments at the meeting by contacting Ms. Stacey Imboden, by telephone at 1-800-368-5642, extension 2462, or by e-mail at PointBeachEIS@nrc.gov no later than March 1, 2005. Members of the public may also register to provide oral comments within 15 minutes of the start of each session. Individual, oral comments may be limited by the time available, depending on the number of persons who register. If special equipment or accommodations are needed to attend or present information at the public meeting, the need should be brought to Ms. Imboden's attention no later than February 23, 2005, to provide the NRC staff adequate notice to determine whether the request can be accommodated. FOR FURTHER INFORMATION CONTACT: Ms. Stacey Imboden, License Renewal and Environmental Impacts Program, Division of Regulatory Improvement Programs, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC, 20555-0001. Ms. Imboden may be contacted at the aforementioned telephone number or e-mail address. Dated at Rockville, Maryland, this 13th day of January, 2005. For the Nuclear Regulatory Commission. Samson S. Lee, Acting Program Director, License Renewal and Environmental Impacts Program, Division of Regulatory Improvement Programs, Office of Nuclear Reactor Regulation. [FR Doc. 05-1353 Filed 1-25-05; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 22 [du-list] perchlorate Date: Wed, 26 Jan 2005 14:34:13 -0800 I would like information on whether anyone has found that perchlorate can be created from DU. Someone with whom I spoke said that DU can comine through mineralized water and develop dangerous compounds. This person referred to the court case Viequez versus the US Navy. I would like some solid scientific information on the dangers here. Linda [Non-text portions of this message have been removed] ------------------------ Yahoo! Groups Sponsor --------------------~--> In low income neighborhoods, 84% do not own computers. At Network for Good, help bridge the Digital Divide! http://us.click.yahoo.com/EA3HyD/3MnJAA/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/ ***************************************************************** 23 Local10.com: Radioactive Leak Reported In West Palm Beach Area Reopens Following Scare UPDATED: 6:09 pm EST January 26, 2005 A malfunction in a radioactive testing device closed down part of downtown West Palm Beach Wednesday afternoon. [ id=] Sky10 was overhead after the device was reported to have leaked a higher than acceptable level of radioactivity near the courthouse. The fire department couldn't get into the area to check out reports of the leak because of the possibility of radioactive contamination. Hazardous material crews were sent in to check the area. The downtown from Quadrille Boulevard east to Olive Avenue and from Gardinia Street south to Evernia Street was closed and was evacuated for a short time. Normal radiation levels are from 12 to 25 rems (the unit used to measure radioactivity). A Geiger counter at the location of the leak showed a reading of 95 rems, considered low-grade. HazMat crews determined that the leak was emitting a lower level of radiation than originally suspected, and the area was reopened by 5:30 p.m. Copyright 2005 by . All rights reserved. This material may not ***************************************************************** 24 Guardian Unlimited: Energy Dept. Issues Nuke Safety Rules From the Associated Press [UP] Wednesday January 26, 2005 9:31 PM By NANCY ZUCKERBROD Associated Press Writer WASHINGTON (AP) - The government would be able to fine contractors who violate worker safety standards at federal nuclear facilities under rules proposed Wednesday by the Energy Department. The proposal comes a year after withdrawal of a much-criticized draft rule that failed to set minimum safety standards for all department sites. The old proposal would have allowed contractors to pick and choose which safety rules they should be required to follow, something that was criticized by lawmakers, workers and the Defense Nuclear Facilities Safety Board, an advisory board that oversees safety throughout the Energy Department weapons complex. ``We felt there was too much leeway given to contractors rather than requiring the government to set the standards,'' John Conway, chairman of the advisory board, said of the old rule. Congress ordered the department two years ago to issue safety rules and said contractors who violate the rules should be subject to civil penalties, such as fines. The government can now fine contractors for exposing workers to radiation but not for exposing them to toxic chemicals or other industrial hazards. The new proposal outlines a minimum set of safety standards that generally mirror Occupational Safety and Health Administration regulations at private industrial sites, including commercial nuclear power plants. ``This rule is a substantial improvement over the other draft rule because it sets minimum safety standards based on OSHA standards, which is exactly what Congress wanted,'' said Richard Miller, a senior policy analyst with the Government Accountability Project, a Washington-based watchdog group. Contractors also will have to come up with safety plans that address specific hazards at their facilities. ``This rule is very positive ... in that we set a minimum set of standards but allow each facility to use the minimum standards as a baseline and set additional standards specific to the mission of that facility,'' Energy Department spokesman Mike Waldron said. The safety standards are expected to affect more than 100,000 workers. The workers' responsibilities include maintaining a nuclear arsenal, dismantling surplus weapons, disposing of excess radioactive materials, cleaning up old facilities and conducting energy research. The Energy Department is currently seeking public comments on the new proposal. ^--- On the Net: Energy Department: http://www.energy.gov/ Federal Register: http://www.access.gpo.gov/su-docs/aces/fr-cont.html Defense Nuclear Facilities Safety Board: http://www.dnfsb.gov/ Guardian Unlimited © Guardian Newspapers Limited 2005 ***************************************************************** 25 The Australian: Mine's suitors calling [January 27, 2005] By Andrew Trounson THE world's two biggest uranium miners have joined the throng of international suitors vying for a stake in the massive Olympic Dam mine in outback South Australia, holder of one-third of the world's known uranium. Amid a political campaign to keep the deposit in Australian hands, it is understood officials from Cameco of Canada and Cogema of France have inspected the Olympic Dam facilities near Roxby Downs in recent weeks. Both companies are said to be closely watching the $7.4 billion takeover battle for the mine's owner, iconic Australian mining house WMC Resources. Although they are likely to prefer a partnership with WMC, either international company could be forced to launch a takeover bid if WMC appears likely to fall to Swiss-based mining giant Xstrata, which is offering shareholders $6.35 a share. The bid has been rejected by WMC, whose shares are trading at $7.18. Olympic Dam contains a third of the globe's known resources of uranium, and already supplies nuclear power stations around the world with yellowcake. WMC is proposing a $5 billion expansion that would treble output to 15,000 tonnes of yellowcake a year by 2010 - potentially making the mine the world's largest producer of the radioactive material. The prospect of Olympic Dam, the world's largest known uranium deposit, falling into foreign hands has sparked an urgent national interest debate. Former Liberal Party treasurer Ron Walker has voiced security concerns, while South Australian Premier Mike Rann wants to ensure any new owner fully develops the mine, which also contains copper and gold. Treasurer Peter Costello is awaiting a report from the Foreign Investment Review Board and is expected to decide by the end of next month whether to approve Xstrata's bid for WMC. In 2001, he blocked a takeover bid for Woodside Petroleum, operator of the giant North West Shelf gas project in Western Australia, from Shell on the grounds the Anglo-Dutch group could focus on overseas projects at the expense of operations in Australia. Regardless of who controls Olympic Dam, all Australian uranium sales are subject to strict export controls that ensure the uranium is used only for peaceful purposes. Australia, in co-operation with the International Atomic Energy Agency, monitors uranium sales through the nuclear fuel cycle. Australia's two other smaller uranium mines are both foreign-owned - Ranger, in the Northern Territory, by London-based Rio Tinto; and Beverley, in northeastern South Australia, by US-based General Atomics. The Olympic Dam deposit is strategically important for Canada, the world's biggest producer, and for France, where nuclear power accounts for 78 per cent of electricity generation. Cogema is part of France's state-owned nuclear power company, Areva. Uranium prices have almost trebled in the past three years to more than $US20 ($26) a pound, powered by shrinking stockpiles of ex-military material. Any expansion of Olympic Dam, which draws water from the Great Artesian Basin, will face opposition from the Australian Conservation Foundation. It says the mine has reduced the natural water pressure and an expansion would pose a long-term threat. Cameco and Cogema have closely tracked Olympic Dam for years, and in recent weeks both have had guided tours over the operation. Cameco pitched a deal to WMC in 2003, offering financing in return for a share of Olympic Dam's production. It contemplated launching a bid for WMC at the time the miner split from its alumina business in 2002. Speaking on the sidelines of a mining conference in Vancouver, Cameco chief executive Gerald Grandey said he was "watching" Xstrata's attempted takeover of WMC. terms © The Australian ***************************************************************** 26 The Australian: The half-life and times of Australia's uranium dilemma [January 27, 2005] ROBERT GOTTLIEBSEN WHEN John Howard arrives at the World Economic Forum tomorrow he'll be confronted with the theme of the world's biggest business and political gathering: "Taking responsibility for tough choices". And the toughest choice our Prime Minister, and Treasurer Peter Costello, will face this year is whether to hand dominance of the global uranium market to a bunch of Swiss commodity traders. The stakes are high: there's a high likelihood of a price cartel and a considerable reduction in control over where our uranium goes. Although there are difficult environmental issues, such as waste management, nuclear energy is emerging as the key fuel source for maintaining global growth rates while cutting emissions. Australia has well over a third of the world's uranium and whoever controls it will have enormous global power over the next 20 years. Historically, the Swiss are best known for their watches, cheese, chocolates and secretive bankers. But just over 20 years ago Switzerland became a big global force in commodity trading when Marc Rich fled to the country, pending US criminal charges. To pay his US taxes in 1984 Rich sold his stake in Twentieth Century Fox to his partner, oil billionaire Marvin Davis, who in 1985 onsold it to News Corporation, publisher of The Australian a deal that led to the transformation of the then Australian-based company. Rich developed one of the world's biggest commodity empires to take advantage of Swiss neutrality and laws. These days Rich is ageing, but his legacy remains. He enticed many top global traders to Switzerland using various lures: freedom from US laws, low taxes in the canton of Zug, and the advantages of Swiss education. The traders would use Swiss law to legally break trade embargoes imposed by the US and other governments and take advantage of the turmoil in the former USSR to buy metals and other commodities at attractive prices. In the process Rich and his traders would become fabulously rich. These days Rich is less active but his techniques are embedded in the generation of traders he trained. Almost every trade embargo including Cuba, Iran, Libya, South Africa and more recently Iraq has given the Swiss the chance to make big profits. The Swiss developed techniques to use derivatives so that governments could never trace what was happening to physical material. The Zug canton I passed through the place on the way to the World Economic Forum has set up a training school for traders. It is clear that their biggest coup may come if Xstrata can gain control of WMC Resources, owner of a third of the world's uranium through its Olympic Dam mine in outback South Australia. On the surface, Zug-based Xstrata looks remote from the Swiss traders but most of its products are marketed by Glencore, a company owned by the Swiss traders. Glencore officially owns only 16 per cent of Xstrata, but that stake is more than doubled via the traders' influence over Xstrata shares held by Credit Suisse. Australia's Foreign Investment Review Board has an old file on Glencore. When the Swiss traders tried to make a bid for a significant stake in the Portland aluminium smelter in the early 1990s they were told quietly a rejection was possible, so they sold their small stake. Whereas the hedge fund traders in London and New York simply borrow money to punt in the market, Rich and his people are much smarter and constantly look for an edge. In the early 1950s, when Rich dropped out of New York University, no one could have believed what would happen to him in the next 50 years. His first opportunity to star arose out of the Korean War, when governments stockpiled mercury. Rich acquired the rights to the production of the world's two biggest mercury producers, and the squeeze he imposed delivered a fortune to his employer, Philipp Bros. The firm then sent Rich to Cuba and later he devised ways to get around the US embargoes. But he split with Philipp and, while still residing in the US, set up Marc Rich AG in Switzerland to take advantage of Swiss law. Two enormous opportunities arose. Marc Rich AG made a fortune breaking the Cuban embargoes and marketing Iranian oil in defiance of US bans. After the OPEC crisis the US began to classify its oil into various categories, including "old oil" selling at $US6 a barrel. For Rich that was a ticket to a bonanza, as he purchased oil at around $US6 and found a way to sell it for between $US25 and $US45 a barrel. But the US reckoned that as a US citizen he could not hide behind a Swiss company. With charges pending it was time to move to Switzerland, and in the next 11 years he obeyed Swiss law, unfettered by US restrictions. In 1994, Rich sold his Swiss trading company to the traders who had come to Switzerland to learn from him. They dropped the name Rich for Glencore International and widened its activities. I'm sure Rich is right in saying he has no ownership of Glencore (he now has his own Swiss trading company) but the culture is the same it is owned by his traders and headed by one of his lieutenants. In a derivative-based trading world, if the Swiss gain control of the marketing of Australia's one-third of the world's uranium, the three biggest suppliers of nuclear fuel will be Switzerland, Canada and Russia. The Swiss have very close ties to Russian marketers, and with the Australian third in their pocket they will be in the position that Rich achieved back in the 1950s with mercury. The combination of uranium embargoes and a small tight cartel has the potential to deliver profits that will dwarf anything the Swiss traders previously achieved. The Swiss will argue they will obey any Australian restrictions (sensitive markets can be supplied from Russia) because Zug's potential cartel rewards are so great. But the Swiss leopards will have to convince Australia that they have managed a complete change of spots. Xstrata chief executive Mick Davis might be the world's greatest mineral strategist but he is saddled with the past activities of his biggest shareholder and the marketer of his minerals. If Costello and Howard allow the Swiss traders to control a significant chunk of global uranium they will have to accept global responsibility for the consequences. privacy terms © The Australian ***************************************************************** 27 EducationGuardian.co.uk: Drips feed case against N-dump Thursday January 27, 2005 The Guardian Campaigners battling to stop the US establishing a nuclear waste dump at Yucca Mountain in the Nevada desert have a new ally - condensation. Plans to seal waste in underground bunkers have seesawed for years. One concern is whether water could penetrate, corrode the tins and help carry away the deadly particles. Most research has focused on whether rain could seep through 300m of rocky roof. Now Rohit Salve and Timothy Kneafsey at the Lawrence Berkeley national lab in California turn the spotlight on a different problem. The duo investigated seepage into a 2.7km tunnel dug at the site, sections of which have been sealed for months at a time - stopping ventilation carrying water vapour away. In the journal Water Resources Research they report "water droplets coating impermeable surfaces such as electrical cables, rubber sheets along the conveyer belt and the bulkhead doors". They found mould on canvas sheets and fungus on the railway tracks, which they say is due to water vapour diffusing from the atmosphere through cracks and fissures in the rocks. [UP] EducationGuardian.co.uk © Guardian Newspapers Limited 2005 ***************************************************************** 28 Nevada Appeal - Opinion: Water wars to begin for rural Nevada January 26, 2005 Abby Johnson "Whiskey is for drinking; water is for fighting over." - attributed to Mark Twain It's been along time coming, but the water wars are about to begin in rural Nevada. The water grab is shaping up to be as hot an issue as Yucca Mountain or MX, the Air Force's ill-conceived scheme in the late 1970s to base nuclear missiles in the Great Basin. Sixteen years ago, Southern Nevada Water Authority filed on all of the unappropriated water in much of rural eastern Nevada, in parts of northern Clark, Nye, Lincoln and White Pine counties. Now they are focusing attention on these areas in preparation for a comprehensive environmental impact statement on the impacts of their ambitious project to pipe water from the north into the Las Vegas Valley. The town of Baker, in the Snake Valley on the Utah border, 65 miles southeast of Ely, and the host town to the Great Basin National Park, is one focal point for the voracious SNWA. SNWA has formed the Integrated Water Planning Advisory Committee to help them consider how to go about obtaining more water for the overgrown and sprawling Las Vegas Valley. The committee has representation from Clark County, the targeted counties to the north, and environmental groups. White Pine County Commissioner and Baker resident Gary Perea spoke up on behalf of White Pine County and rural Nevada at Monday's meeting in Las Vegas (televised to targeted rural communities, and broadcast over the Internet - www.snwa.com). Commissioner Perea said that SNWA's plan to pipe White Pine County water to Las Vegas is a costly temporary solution that jeopardizes the state's natural resources and the future of rural Nevada. "There cannot be enough water under White Pine and Lincoln Counties to keep up with the growth of Las Vegas." "SNWA is gambling with my future, the future of my family and friends, and our ability to live in Snake and Spring Valleys," Perea said. He noted that the rural Nevada water grab is just part of SNWA's total water portfolio. Perea suggested that the solution to SNWA's problem should be "all encompassing" and should be addressed regionally among the western states. As a White Pine County commissioner and resident he pledged "to fight to keep water in White Pine County so we can be assured we have a future." Perea wasn't the only one to voice concern. Anne Huskin, a Las Vegas resident, spoke about the damaging effects of water exportation on agriculture in rural Nevada. "If they can't grow their crops and raise their cattle, there will be only so many steaks for the Bellagio," said Huskin, linking urban survival to rural economy. Noted social critic and environmental writer Charles Bowden asserts in his book "Killing the Hidden Waters" that resource problems are almost always cultural problems and not the result of scarcity. He cites two ecological principles that apply. "Systems expand to devour the maximum power available." A city (he suggests the Los Angeles area) "grows until it consumes everything it can find to sustain its growth and very existence." The second is that American culture is largely open to consumption and closed to conservation. Our efforts to conserve water through low-flow toilets and shower heads have lowered water consumption per capita, but overall water consumption has still increased due to population growth. When he first wrote the book in 1977, he thought that consumption and growth would be limited, not envisioning our culture's appetite for expensive gas guzzling cars or that rising water rates would not in any way limit population in resource-strained regions. Older and wiser, he now suggests that giving new water resources to a city in the American West (Las Vegas perhaps?) is akin to sending a case of whiskey to an alcoholic. It postpones the problem for awhile but does not solve it. The solution to the water needs of Las Vegas shouldn't be at the expense of rural communities, agriculture, or the economic foundation of rural Nevada. When the Legislature convenes, it is likely that water law and water supply issues will be debated. It is incumbent on all legislators to consider the destructive effect of the water exportation project on rural communities like Baker, and to consider the thoughtful comments of Commissioner Perea and Anne Huskin. Perea is telling Southern Nevada Water Authority not to sacrifice rural Nevada in its quest for a temporary solution to an insatiable resource problem, and letting them know they have a fight on their hands. Both legislators and the Southern Nevada Water Authority should heed the words of southern Nevadan Anne Huskin in evoking the state song: "The state song isn't Home Means Southern Nevada; it's Home Means Nevada." Abby Johnson consults on rural community development, public involvement and nuclear waste issues in Carson City. She is a property owner in Baker. Her views are her own and do not necessarily reflect those of her clients. All contents © Copyright 2005 nevadaappeal.com Nevada Appeal - 580 Mallory Way - Carson City, NV 89701 ***************************************************************** 29 Las Vegas RJ: Judicial panel orders Yucca parties to resolve document disputes Wednesday, January 26, 2005 By STEVE TETREAULT STEPHENS WASHINGTON BUREAU WASHINGTON -- A judicial board on Tuesday ordered attorneys for the Energy Department and the state of Nevada to work out a way to resolve their disputes over Yucca Mountain documents. The judges said they expect fights over "hundreds, if not thousands" of documents that the Energy Department has compiled during its decades-long bid to operate a nuclear waste repository in Nevada. The disputes threaten to cause long delays as the judges, a three-member administrative panel assembled by the Nuclear Regulatory Commission, prepare to study a repository license application, officials said. The panel set a 40-day deadline for the parties to reach agreement on resolving document fights. The issue involves millions of documents, including studies, technical reports and e-mails, that the Energy Department, the state and other parties are placing in an online database called the Licensing Support Network. The judges last August ordered the Energy Department to rework the database, after Nevada complained the network was unworkable. Copyright Las Vegas Review-Journal ***************************************************************** 30 Las Vegas SUN: Energy secretary nominee sees end of 2005 date for Yucca license ASSOCIATED PRESS LAS VEGAS (AP) - The Energy Department intends to submit a license application by the end of 2005 to open a national nuclear waste dump in Nevada, according to President Bush's nominee for energy secretary. Samuel Bodman's comments on a Yucca Mountain timetable came in response to questions from members of the Senate Energy and Natural Resources Committee during confirmation proceedings in Washington, D.C. The committee recommended approval for Bodman's nomination to replace Spencer Abraham as energy secretary. The full Senate is expected to quickly confirm Bodman, perhaps as soon as next week. He currently serves as deputy secretary of the Treasury Department. The Energy Department missed a self-imposed December 2004 date to submit a Yucca license application to the Nuclear Regulatory Commission. The department has yet to complete a requirement that millions of pages of supporting documents be accessible at an NRC online database, the Licensing Support Network. The Energy Department wants to open the Yucca Mountain repository by 2010. Pete Domenici, R-N.M., chairman of the energy committee, noted the department also needs time to respond to a July federal court ruling that threw out a crucial Environmental Protection Agency radiation health safety standard. For the Yucca project to go forward, the EPA must set a new standard or Congress could consider a law creating a less strict radiation standard than one recommended by the National Academy of Sciences. Senate Democratic Leader Harry Reid of Nevada would block such a law, Domenici said. Energy Department officials have said they plan to announce a new Yucca Mountain project timeline next month. "It is the department's responsibility to make sure that the repository will comply with whatever standard emerges from the EPA's ongoing process," Bodman said in written response to questions from the committee. "My first priority will be the protection of the health and safety of the citizens of Nevada and the rest of the country." Bodman, who also has served as deputy secretary of the Commerce Department, spent 31 years in the private sector. He worked at Fidelity Investments and Cabot Corp., an international chemical company. He is a chemical engineer and a former professor at Massachusetts Institute of Technology, where he received his doctor of science degree. -- ***************************************************************** 31 Arkansas News Bureau: Lincoln revives SEFOR clean-up bill WASHINGTON D.C. BUREAU Today's Vic Harville Cartoon Wednesday, Jan 26, 2005 By Alison Vekshin Stephens Washington Bureau WASHINGTON -- Sen. Blanche Lincoln, D-Ark., has renewed efforts to clean up a 37-year-old contaminated former nuclear reactor site south of Fayetteville. Lincoln re-introduced a bill on Monday directing the Energy Department to rid the Southwest Experimental Fast Oxide Reactor (SEFOR) of asbestos, explosive chemicals and other toxic materials. "The federal government helped create these contaminants, and therefore should pay to help clean them up," Lincoln said in a statement. The bill would require the Energy Department to oversee the decontamination process, a controversial point since the department has argued the reactor is the responsibility of the University of Arkansas. Owned by the university since 1975, the reactor is located on a 128-acre, restricted site west of Strickler, about 18 miles southwest of Fayetteville and 29 miles northwest of Fort Smith. The reactor was built in 1968 by the Southwest Atomic Energy Associates, a consortium of investor-owned electric utilities. The now-defunct U.S. Atomic Energy Commission managed the reactor's construction and operation. The reactor tested liquid metal fast breeder reactor fuel from 1969 until it was shut down in 1972. In recent years, Lincoln has tried various ways to get a clean-up bill passed, including inserting the language into a sweeping energy bill. Congress so far has failed to pass the legislation. "We've had a real promising effort with it," Lincoln said Tuesday. "Consistently, as we've introduced it, we've gotten it into larger bills, which is the real ticket because we know it's going to be difficult to pass on its own." Lincoln said she planned to once again try adding the Arkansas clean-up to a larger energy bill that Congress is expected to debate. Sen. Mark Pryor, D-Ark., is a co-sponsor of Lincoln's bill. Pryor believes that "bottom line, the government should take responsibility for its experiment, clean up the contaminated site and allow the University of Arkansas to put this land to good use," spokesman Rodell Mollineau said. The Lincoln measure authorizes $16 million for decontamination. The process would cost between $16 million and $18 million and would take about four years, said Collis Geren, dean of the University of Arkansas Graduate School and vice provost for research. "It is a federal problem because we do not have the state resources to clean up the site that was created by the federal government," he said. Geren said the university spends at least $50,000 annually on monitoring, routine testing and repairs at the site. "Ideally, I would like to see it turned into a green field," Geren said. -- 30 -- Copyright © Arkansas News Bureau, 2003 - 2005 ***************************************************************** 32 www.mineweb.net: energy Uranium decades away from major new production By: By Dorothy Kosich Posted: '26-JAN-05 03:00' GMT © Mineweb 1997-2004 VANCOUVER--(Mineweb.com) Gerald Grandey, President and CEO of major uranium miner Cameco, declared Tuesday that his industry "has been starved for exploration for three decades." Meanwhile, one of the biggest challenges faced by uranium mining companies is how quickly new projects can be permitted, developed and brought in production. In a presentation to the Mineral Exploration Roundup and a subsequent news conference, Grandey insisted that the uranium mining industry is "decades away from having significant new production." "The essential issue about nuclear power is not whether it will grow, but how fast," Grandey declared. "Will it grow fast enough to meet the world's urgent need for clean energy? And will exploration for uranium fuel keep pace?" Three years ago, only ten junior uranium exploration companies were seeking uranium worldwide, he said. "Today, there are over 45 in Saskatchewan, many more in the world and new ones being created every day." Cameco has budgeted C$22 million for exploration in 2005, he added. Annual world consumption of uranium is 180 million pounds while mines are only producing 100 million pounds yearly, according to Grandey, despite the fact that uranium is 40 times more common than silver. Meanwhile, the spot price of uranium has doubled within the past decade. Grandey insists that the nuclear power industry "is in the early stages of a renaissance, leading someday to a complete transformation of world energy supply. ...The issue, quite simply is how to meet the world's energy needs in the coming decades." "In the years to come, all forms of energy will be required--renewables, fossil and nuclear," Grandey explained. "The world is rediscovering the benefits of nuclear energy and so are investors. Nuclear energy is no longer in the proverbial woodshed." Grandey said more than 440 nuclear power reactors generate 16% of the world's electricity. "These reactors avoid the emission of over two billion tonnes of carbon dioxide annually and large quantifies of toxic air pollutants. ...We will require hundreds of new nuclear power plants by mid-century, producing not only electricity--but clean water and, most like hydrogen," he insisted. The decision of two significant environmental activists, global warming expert James Lovelock and Bishop Hugh Montefiore, to support nuclear power to reduce global warming is significant in Grandey's opinion. "Studies by MIT, the University of Chicago and projections by the International Energy Agency and the World Energy Council all point to the same conclusion. Our need for clean energy on the scale required cannot be met without increased use of nuclear power," he declared. "The value of uranium, discovered and yet to be discovered, could be magnified many times over by emerging technologies like hydrogen," according to Grandey. "Hydrogen technology offers a means to store enormous quantities of electricity which can be used, on demand, in cleanly powered transportation and in homes and industry." Even nuclear waste may prove to be the "strongest singular asset of our industry," Grandey claimed. Used nuclear fuel is a resource, which will retain 90% of its energy after decades. Grandey noted that very little uranium is hedged, estimating that hedge funds trade about one million pounds annually. Meanwhile, considerable capital is being directed for uranium projects in Australia and Africa. Meanwhile, Cameco is contemplating restarting reactors which belonged to Bruce Power. Within the next six months, Grandey said Cameco will decide if it will get into power generation. Cameco does not fear being a potential takeover target for the Chinese or other international companies because of Canada's limitation on foreign ownership, he added. © Mineweb, a division of Moneyweb Holdings Limited, 1997-2004. ***************************************************************** 33 Las Vegas SUN: Court orders common ground on Yucca documents Today: January 26, 2005 at 9:48:18 PST By Suzanne Struglinski SUN WASHINGTON BUREAU WASHINGTON-- An administrative court wants the lawyers for Nevada and the Energy Department to find common ground regarding the handling of millions of Yucca Mountain project documents destined for a federal database. Lawyers for the state expected to have to raise numerous complaints about documents the department marked as "privileged" information that may not deserve the distinction, which would drag out an already delayed process even longer. But on Tuesday, the Atomic Safety and Licensing Board, a board within the Nuclear Regulatory Commission, said it needs to set specific criteria for marking documents privileged to avoid "hundreds, if not thousands" of disputes. "Mindful of the enormous task that looms before us, it is incumbent on this board to develop procedures to manage and to resolve efficiently a very large number of privilege disputes," the board's decision notes. The board gave Nevada, the department and the commission 40 days to submit an agreed upon procedure for handling the documents. Last year, the board rejected the department's first attempt to finalize its documents based on objections raised by the state. The database, known as the License Support Network, is supposed to contain all documents related to work on the application, from lengthy technical documents to e-mails between department employees. The commission cannot start work on the project's license application, once submitted by the department, until six months after the documents are finalized. As an example of the many problems, Nevada's lawyer Joe Egan cited the database's classification of 2,200 documents on Alloy 22 as privileged information. Alloy 22 is the metal to be used to make the storage containers for the nuclear waste. There was no indication as to why users could not see those documents about Alloy 22, Egan complained. Egan and the state's other lawyers also have complained that the department has refused to provide them with a copy of the software the department uses to sort through its documents. ***************************************************************** 34 Las Vegas SUN: Bodman sets new Yucca deadline Today: January 26, 2005 at 11:19:26 PST License application to be delayed again By Benjamin Grove LAS VEGAS SUN WASHINGTON -- The man expected to be confirmed as the new energy secretary said the Energy Department would submit its license application to construct Yucca Mountain "by the end of the calendar year" -- an admission that the nuclear waste repository program may be another year behind schedule. The Energy Department had hoped to submit the application to the Nuclear Regulatory Commission by the end of 2004. But the department missed the deadline, in part because it is still reviewing several million Yucca documents. As part of his confirmation process, energy secretary nominee Samuel Bodman responded in writing this week to wide-ranging questions on energy issues from senators on the Energy and Natural Resources Committee. In response to a question about the long-delayed Yucca repository, Bodman wrote: "Although I am not personally familiar with the details of the Yucca Mountain licensing process, I have been informed that the department is currently working through the schedule with its contractor and over half of the documents (2.1 million) are yet to be reviewed." That was not surprising news to two leading Yucca advocates in the Senate. "There have been so many delays that it's not disheartening," Sen. Pete Domenici, R-N.M., chairman of the energy panel, said today after the panel approved Bodman's nomination. "This ought to be the last significant delay. We ought to get on with this if it's going to be a significant part of nuclear (power generation)." Domenici also noted that the Energy Department needs additional time to "thoroughly analyze" a July federal court ruling that threw out a 10,000-year radiation health safety standard set for the repository. That ruling effectively stalled Yucca because the department's license application aims to prove to the NRC that the repository can meet that safety standard, set by the Environmental Protection Agency. With the standard in question, so is the license application. For Yucca to proceed, the EPA must set a new standard or otherwise respond to the court ruling, or Congress could legislate a new standard that Yucca could meet. But the latter option likely won't happen because Senate Democratic Leader Harry Reid of Nevada would block it, Domenici said today. Legislating a new standard would be "too difficult" politically, he said. Energy Department officials have said they planned announce a new Yucca Mountain project timeline next month. Sen. Larry Craig, R-Idaho, a longtime advocate of Yucca, today said he had not heard that the department may not be ready to submit the license application until the end of the year. "We will push this issue to move it along as quickly as possible," Craig said. "We want this to be a thorough, transparent, valid process. If due diligence means more time, fine." The Nuclear Regulatory Commission, which would license and regulate Yucca, also had not been notified by the Energy Department that the license application could be submitted as late as year's end, NRC spokeswoman Sue Gagner said. A nuclear industry spokesman today said industry leaders expect the department to turn in the application this year. "The sooner the better," said Steve Kerekes, spokesman for the Nuclear Energy Institute, the top industry and Yucca lobby group in Washington. Industry leaders have implored Bodman to advance U.S. nuclear power generation by supporting the construction of new nuclear plants and Yucca Mountain. The Senate panel also asked Bodman: Do you agree that the nation needs a permanent nuclear waste repository, and is Yucca the best site? Bodman answered in writing with a simple, "Yes." Another question: Will you work with Congress to ensure full funding for Yucca? Again, Bodman answered, "Yes." Yucca advocates in Congress have long sought to give the Energy Department the money it requests each year, but Reid negotiates to cut the program budget. Last year the department asked for $880 million for Yucca but got about $577 million. Bodman sidestepped a question about whether Yucca could meet the radiation standard recommended by the National Academy of Sciences. "My first priority will be the protection of the health and safety of the citizens of Nevada and the rest of the country," Bodman wrote. "It is the department's responsibility to make sure that the repository will comply with whatever standard emerges from the EPA's ongoing process." Michele Boyd, an analyst with Public Citizen who tracks Yucca issues, said she was glad to hear that Bodman is pledging to protect public health, but it will be difficult for Yucca to meet a radiation standard that accomplishes that. The full Senate is likely to approve Bodman, who currently serves as deputy secretary of the Treasury Department, as early as this afternoon. The Energy Department has a notable presence in Nevada. In addition to Yucca, the department's affiliate, the Nuclear Security Administration, runs the Nevada Test Site. But Bodman's views on a number of energy issues including Yucca are not widely known, and perhaps not fully shaped yet, Yucca observers said. Reid and Sen. John Ensign, R-Nev., have each met privately with Bodman. Reid has not decided how he will vote on Bodman, a spokeswoman said today. Ensign has found no reason to vote against Bodman, he said. In his Senate confirmation hearing in committee last week, Bodman vowed to "follow through with Yucca Mountain." The repository, 90 miles northwest of Las Vegas, has long been beset by congressional budget cuts and delays. Energy Department officials have long said they plan to open Yucca by 2010, although Yucca critics say that is highly unlikely. Congress originally set a goal of opening Yucca by 1998. Bodman also faces running a department grappling with how best to meet the energy needs of a growing nation. The department also manages a number of low- and high-level radioactive waste issues and oversees billions of dollars in research projects. Bodman, who also has served as deputy secretary of the Commerce Department, spent 31 years in the private sector. He worked at Fidelity Investments and Cabot Corp., an international chemical company. He is a chemical engineer and a former professor at Massachusetts Institute of Technology, where he received his doctor of science degree. ***************************************************************** 35 CNW: UEX Acquires Five New Uranium Projects in Northern Athabasca Basin Canada NewsWire: [CNW Group] Trading Symbol: UEX-TSX VANCOUVER, Jan. 26 /CNW/ - UEX Corporation ("UEX") is pleased to announce that it has acquired five new uranium projects in the northern Athabasca Basin (the "Basin"). The five 100%-owned projects, totaling 83,758 hectares (206,900 acres) are located on the northern rim of the Basin near Stony Rapids, Saskatchewan. UEX staked the ground following a new uranium discovery at the Black Lake Uranium Project, a joint venture between UEX and AREVA subsidiary COGEMA Resources Inc. ("COGEMA"). The Black Lake discovery has renewed interest in the northern Basin, with its numerous uraniferous occurrences such as radioactive boulders, radioactive springs, and lake sediment and uranium-in-till anomalies. UEX's new projects are as follows: Butler Lake - 19,648 hectares (48,531 acres) Fond du Lac - 16,838 hectares (41,590 acres) Otherside River - 12,762 hectares (31,522 acres) Munroe Lake - 18,275 hectares (45,139 acres) Jacques Point - 16,235 hectares (40,100 acres) To access a map depicting the new projects, please visit UEX's website at www.uex-corporation.com under "Latest Updates". The northern rim of the Basin is relatively underexplored compared to its southeastern and western regions, where uranium mines were discovered and developed beginning in the late 1960s. In the 1970s, explorers such as Eldorado Nuclear Ltd., Saskatchewan Mining and Development Corporation (both predecessor companies of Cameco Corporation), Amok Ltd. (a predecessor company of COGEMA) and Marline Oil carried out prospecting and sampling programs, airborne electro-magnetic and radiometric surveys, and limited drilling programs in the northern Basin. However, the discovery of large, high grade deposits in the southeastern part of the Basin such as Cigar Lake in 1981 diverted exploration funds away from the northern rim, and areas that had been blanket-staked in the 1970s gradually lapsed. Some areas of UEX's new northern Basin projects were held by Pioneer Metals Corporation ("Pioneer Metals") but work on those areas was limited, and although prospective, the claims were allowed to lapse. UEX selected the five new project areas in consideration of their favourable geophysical and structural characteristics. The most prospective ground in the Basin is characterized by a low amplitude magnetic signature and associated regional fault structures. 2005 Exploration Program ------------------------ A $950,000 (CDN) exploration program is to be carried out this winter on the five new projects, including airborne geophysics and diamond drilling. A new generation, deep-penetrating, airborne electro-magnetic survey ("MEGATEM") will provide blanket coverage of all five projects. The MEGATEM system has a substantially better depth of penetration than the airborne systems used previously to survey the area and is capable of mapping graphitic conductors in the basement to a depth of approximately 700 metres. The results of the survey will direct future follow-up of any conductors located by MEGATEM using ground geophysical surveys and diamond drilling. In the 2005 winter exploration program at least one drill hole is planned at the new Jacques Point Project on a target previously identified by Pioneer Metals, using a diamond drill from the neighbouring Riou Lake Project. About UEX --------- UEX is a uranium exploration company formed under an agreement between Pioneer Metals and Cameco Corporation. Cameco Corporation, the world's largest supplier of uranium, is UEX's largest shareholder and manages exploration at UEX's Hidden Bay Project. UEX began trading on the Toronto Stock Exchange in July 2002 and is actively involved in the exploration and development of uranium projects in the Athabasca Basin. UEX now has 19 projects either 100% owned, joint ventured or under option totaling approximately 390,000 hectares (962,000 acres) located in the eastern, western and northern perimeters of the Athabasca Basin, the richest uranium belt in the world. ON BEHALF OF THE BOARD OF DIRECTORS OF UEX CORPORATION "signed" Stephen H. Sorensen, President & C.E.O. %SEDAR: 00017609E For further information: UEX CORPORATION, BOX 12151, NELSON SQUARE, SUITE 1007 - 808 NELSON STREET, VANCOUVER, B.C., V6Z 2H2, PH: (604) 669-2349, FAX (604) 669-1240, Website: www.uex-corporation.com, e-mail: uex@intergate.ca UEX CORPORATION - More on this organization © 2005 CNW Group Ltd. PRIVACY &TERMS ***************************************************************** 36 Salt Lake Tribune: Hotter waste than class A? Sen. Arent says no way Article Last Updated: 01/26/2005 01:07:18 AM Radioactive material: She plans a measure that would ban all waste not currently allowed; it might face a competing bill By Patty Henetz The Salt Lake Tribune Sen. Patrice Arent says she will introduce a bill this week that would ban all radioactive waste hotter than what the state already allows, pushing the proposal in advance of the expected closing date for the sale of the state's only radioactive waste disposal business. The Murray Democrat said Tuesday she would not limit the ban to so-called class B and C waste, but instead would make sure her bill would cover anything beyond the lesser class A waste Envirocare of Utah now is allowed to accept at its west desert facility. Arent says she is working closely with some Republican senators on the bill as well as with Gov. Jon Huntsman Jr., who in his State of the State address last week vowed B and C waste "will not be dumped in Utah." Arent's bill could be introduced in the Senate as early as Thursday. But it might be overtaken by a competing bill sponsored by Sen. Curtis Bramble, who says he is considering amendments to a pending hazardous waste bill should Envirocare's new owners decide not to pursue the hotter waste. Arent said her bill is independent of Envirocare's sale or the concerns of its prospective owners, Salt Lake City businessman Steve Creamer and a New York investment firm. "From my perspective, this has nothing to do with the sale of Envirocare or its new owners," Arent said. "The goal is to get the ban passed." Arent also discounts Bramble's argument that banning B and C waste in advance of the sale closing, which could be as early as the end of the month, would result in litigation that could take regulatory authority from the Legislature or governor and hand it to the courts. A week ago, after a Senate committee advanced Bramble's Senate Bill 24, the Provo Republican said that because Envirocare had spent a considerable amount of money - between $5 million and $6 million - to secure its state permit to accept B and C waste, passing a law banning it now could invite a lawsuit. Bramble has sponsored other legislation, in particular a bill last year that banned certain late-term abortions, that he knew would result in lawsuits. The waste permit is different, he said, because the license is pending and banning the radioactive substances now could amount to an illegal taking of property. But Arent pointed to an opinion by legislative counsel Robert Rees, who said legislative attorneys didn't believe the regulatory permit amounted to a vested property right. Envirocare owner Khosrow Semnani in 2001 received a regulatory permit from the state Department of Environmental Quality to accept the B and C waste. On Dec. 15, Semnani announced he had sold Envirocare. Sources on and off Capitol Hill, including Huntsman's chief of staff, Jason Chaffetz, say Creamer has indicated he will give up the B and C permit if the sale goes through. State law now requires the consent of the governor and the Legislature to allow B and C waste into Utah. Bramble, who co-chaired a task force that examined radioactive waste and taxation issues, was one of eight task force members who voted against advancing a ban bill Arent presented at the panel's final meeting. Now, however, Bramble is holding up SB24, which embodies the task force's work. The bill moved forward to a final vote in the Senate on Monday, but Bramble said it probably would face "major modifications" should Envirocare's new owners decline to pursue the B and C license. Bramble won't say exactly how he would amend SB24. But Jason Groenewold, spokesman for the anti-nuclear waste group Healthy Environment Alliance Utah and a persistent critic of the senator and Envirocare, said Bramble's maneuvering "shows that backroom deals are being crafted to control the state's nuclear waste policy." --- Tribune reporter Thomas Burr contributed to this story. ABCs of radioactive waste State and federal regulators use an ABC scale to label low-level radioactive waste. * Class A waste is the least radioactive but most abundant and the only one currently allowed for disposal in Utah. * Class B and C waste can be thousands of times more radioactive than class A waste and its disposal is not allowed in Utah. © Copyright 2005, The Salt Lake Tribune. ***************************************************************** 37 PISJ: Energy consumers stand to benefit from INL research Pocatello Idaho State Journal: Journal Views An interesting fact: The nuclear waste depository planned for Yucca Mountain, Nev., is already full. That's right. The safe storage facility for radioactive nuclear waste that hasn't even been constructed yet is at its capacity, according to the Battelle Energy Alliance, the new contractor at the newly renamed Idaho National Laboratory. Reservations for waste material created by nuclear reactors around the country are at their maximum. When (and if) the facility opens, it will fill up immediately with high-level nuclear waste. Not something to brag about, right? Especially for an organization that, if all goes as planned, will generate nuclear waste right here in Idaho. The folks at Battelle do believe this statistic is a bit alarming, but unlike critics of continued nuclear energy research, they believe the solution to the problem of an overallocated nuclear waste dump is to do more nuclear research and learn how to get the most out of reactor fuels and create less waste. Present-day nuclear reactors are not very efficient - they convert just a portion of their fuel into energy. The bulk of the fuels are then deemed "spent" and require cautious storage and eventual disposal into a safe and remote locale - hence the need for a depository like Yucca Mountain. But Battelle, in gaining the contract for the INL, seems to realize the need to improve fuel efficiency. That'll take research, of course, and with the INL officially designated as the nation's lead nuclear laboratory, that research will likely occur right here in eastern Idaho. The next generation of nuclear research in the U.S. will get its start here. It's a bit daunting and a bit scary, given the potential for nuclear disaster. But it's also promising and, in the long-term, the research may very well uncover cleaner and more efficient energy production methods that will see our nation through the 21st century. So long as Battelle keeps as part of its mission the goal of reducing waste while working to improve nuclear energy technology, the company and the site will be very important economic assets for our region. There will always be detractors, and there's always a place for careful oversight by outside interests, especially where nuclear research is concerned. If Battelle, which officially takes over the site on Tuesday, can find ways to invite critical input and further America's understanding of nuclear energy by making it safer and more efficient, the site's importance to the federal government and the energy consumer in the United States will become even more significant. Best of luck to Battelle and its mission at the INL. The world is watching. January 26, 2005 Copyright © 2005 Pocatello Idaho State Journal P O Box 431 Pocatello, ID 83204-0431 ***************************************************************** 38 Seattle Times: Three elk at Hanford Reach killed to test for radioactivity Wednesday, January 26, 2005 - Page updated at 12:32 P.M. The Associated Press RICHLAND, Wash.  Three elk were killed at the Hanford Reach National Monument to conduct tests to determine if they had been contaminated by radioactivity from the Hanford nuclear site. Officials with the U.S. Fish and Wildlife Service tracked the herd of about 700 elk early yesterday morning and shot three animals. Initial Geiger counter tests of the elk showed no indication of contamination. Scientists from Pacific Northwest National Laboratory, a national science laboratory under the U.S. Department of Energy, also took bone, liver and muscle samples for future tests. Results will influence whether more of the animals will have to be killed. The rapidly reproducing elk herd has found the Hanford Reach to be the perfect refuge, with no hunting, plenty of food in nearby farms and few natural predators. In the process, the animals have angered farmers and sparked debate about how to manage the growing population. Officials with the Fish &Wildlife Service, which manages the Hanford Reach monument, say they need to cull the herd by about 100 animals by winter's end. But officials have said no private hunting will be allowed in the protected area this season. Instead, special hunting permits have been issued to private hunters to kill any elk that wander off the Hanford Reach to forage. Wildlife officials also want to make sure the elk herd is healthy - in particular, free of any radioactive contamination. Members of the Wanapum American Indian band helped with Tuesday's kill and hauled away the carcasses. The animals' heads were given to the Washington State Department of Fish and Wildlife so the brains can be checked for chronic wasting disease, an illness similar to mad cow disease that attacks the brains of infected animals. Copyright © 2005 The Seattle Times Company ***************************************************************** 39 Tri-City Herald: Opinions Protests over contracts demand DOE attention This story was published Wednesday, January 26th, 2005 The successful protest of a $235 million contract to dismantle Hanford's Fast Flux Test Facility ought to be setting off alarms at federal offices here and in Washington, D.C. By itself, the Government Accountability Office's ruling in favor of a team of Tri-City contractors isn't especially troubling, especially since the reasoning behind the agency's decision hasn't even been announced. But in the context of recent history, GAO's finding of a fatal flaw in the way the contract was awarded casts doubt on the process for selecting winning bidders on cleanup projects at Hanford. Clearly, something is amiss. Until about a decade ago, challenges to even the biggest contract awards came at a rate that fell somewhere between rare and nonexistent. Now, the trend is toward a state of permanent protest, where every award -- large and small -- ends up challenged by the losing bidders. Just last week, a small Maryland-based business awarded a contract to operate a testing lab for highly radioactive samples was forced to stop work after two protests were filed. Last year, four protests were filed against the award of a contract for Hanford's environmental medicine program. In each case, the GAO eventually ruled in the Department of Energy's favor, but that hardly made the protests painless. And two years ago, the $3 billion contract to clean up and close Hanford's 210-square-mile Columbia River corridor was successfully challenged. The new contract award is imminent, but a winner still hasn't been announced. At first blush, all that might seem like a problem for DOE and whatever companies are battling for a piece of the billions spent on Hanford cleanup. But the uncertainty that's now attached to virtually every request for proposals at Hanford is slowing the pace of cleanup, damaging worker morale and eroding public confidence in the program. Those are problems that affect everyone in the Mid-Columbia. The right to file a protest is a necessary part of the federal bid process, helping protect taxpayers as much as contractors. It's a precaution that makes bad decisions less likely and reduces the risk of corruption. But the costs are starting to outweigh the benefits. DOE isn't entirely, perhaps not even mostly, to blame for the growing frequency of protests. With the costs of putting together a bid proposal sometimes running into the millions of dollars, there's bound to be some sore losers. And the stigma that might have once encouraged discretion from contractors has disappeared. With everyone protesting, no one has to worry about alienating DOE. Each protest that's successful only reinforces the trend. But that's no excuse for taking the successful protests lightly. DOE needs to take a hard look at what's going on, inside and out, or risk further damage to the cleanup effort. An open and thorough assessment is essential to making future decisions more bullet-proof. The introspection ought to start immediately with the FFTF contract. DOE risks missing a chance to reverse a disturbing trend if it views this latest GAO ruling as an attack on the agency rather than an opportunity to improve the process. © 2005 Tri-City Herald, Associated Press &Other Wire Services ***************************************************************** 40 Tri-City Herald: A clean hunt This story was published Wednesday, January 26th, 2005 By Anna King, Herald staff writer Three elk were killed Tuesday by U.S. Fish &Wildlife Service officials on the Hanford Reach National Monument, staining the sparse grass crimson to answer an important question. Early in the morning, officials tracked the animals and selected a few from the herd of nearly 700 elk to be killed and tested to determine if they had been contaminated by radioactivity from the Hanford reservation. Scientists from Pacific Northwest National Laboratory took bone, liver and muscle samples for testing. But initial Geiger counter tests of the animals showed no indication of contamination. The results will influence whether Fish &Wildlife officials can trap and relocate the animals or whether more of the animals will have to be shot. The rapidly reproducing elk herd has found the Reach to be the perfect refuge, with no hunting, plenty of food in nearby farms and few natural predators. In the process, the animals have angered farmers and set off a debate about what to do with the growing population. Officials with the Fish &Wildlife Service, which manages the Reach monument, say they need to cull the herd by about 100 animals by winter's end. But officials have said no private hunting will be allowed in the protected area this season. Instead, special hunting permits have been issued to private hunters to kill any elk that wander off the Reach to forage. If those hunters do not kill 100 elk, government officials will step in to either trap or shoot them by the third week of February while the cold weather keeps the herd together. But first, wildlife officials want to make sure the elk herd is healthy -- in particular, free of any radioactive contamination. Mike Ritter, Fish &Wildlife deputy project leader at the Reach, said officials might kill two more elk today as part of the sampling. The three animals killed Tuesday did not go to waste. Members of the Wanapum band helped and hauled away the carcasses. "We will probably cook some over an open fire, freeze it and use it for our Sunday services," said Patrick Wyena, a member of the Wanapum band. After their ceremonies in the longhouse, the Wanapum have a feast, he explained. About 6 a.m. Tuesday, officials in about five pickups drove along rutted roads to find the wintering herd. They used high-powered rifles to kill two cows near the Yakima Ridge on the Arid Lands Ecology Reserve on the monument. A short time later, a young bull was shot nearby. "This animal is in really good shape," Ritter said, talking about the operation to someone on his cell phone. "We are going to gut it right now and see if we have any problems." The PNNL technicians waved Geiger counter wands over each of the hooves of the animal to make sure the elk hadn't walked through anything contaminated. Tissue samples were taken from the steaming entrails and placed in plastic bags for testing later. The animals' heads were given to the Washington State Department of Fish and Wildlife so the brains can also be checked for chronic wasting disease, an illness similar to mad cow disease. Ritter said the hunt was done with care and he considered the day a success. "The main priority was a good clean kill," he said. "They did a good job." © 2005 Tri-City Herald, Associated Press &Other Wire Services ***************************************************************** 41 Platts: USEC begins centrifuge component testing at Oak Ridge [The McGraw-Hill Companies] + USEC Inc. announced today that it has begun testing together key components of a full-size gas centrifuge machine at the K-1600 test facility in Oak Ridge, Tenn. This facility, which USEC leases from DOE, contains special test stands that have instrumentation to assess the performance of an individual centrifuge. The current testing, however, does not involve the use of any UF6, USEC said. The next milestone for USEC is in June when the manufacturing of centrifuges for installation at the company's lead cascade facility at Portsmouth, Ohio is expected to begin. USEC has contracted with Boeing and Honeywell to manufacture those centrifuges. USEC said it still expects to have that lead cascade up and running this year. Washington (Platts)--25Jan2005 Copyright © 2005 - Platts, All Rights Reserved [The McGraw-Hill Companies] ***************************************************************** 42 WVLT TN: Former DOE Workers Just Want Answers VOLUNTEER TV Knoxville, January 26, 2005 Day two of meetings for sick Department of Energy workers in Anderson County are ongoing at the American Museum of Science and Energy in Oak Ridge. The meetings are sponsored by the US Department of Labor, which is now in charge of the compensation program for workers, and their families suffering from sicknesses believed to have come from working with radioactive or toxic materials. As Volunteer TV's Eric Waddell reports, the workers we spoke with today told us what they are looking for from the government is simple-- answers they can depend on, a common message among workers who attended the meetings, a need for justice. "It has been a lot of frustration. As a matter of fact, I've had a lot of people ask, do I get angry? I say no, getting angry doesn't help anything," says Curtis Eskridge, former worker. But Eskridge and others, like George Latham, who suffer from reoccurring skin maladies from working with cyanide, want action. "I am hoping for myself but for all of the other thousands of people that worked down there. Especially those on unsafe conditions that they will do something about it," says George Latham, former worker. Clyde Chiles worked for four decades at three Oak Ridge facilities. When he did his job with heavy metals he didn't wear special protective clothing, he would take his work clothes home for his wife to wash. Both are sick. "I feel like they owe us. My wife has had cancer and everything else," says Clyde Chiles, former worker. Most we spoke with are pleased that the Department of Labor are now handling their cases. "I'd like to hear something before I die, at least. It has been prolonged, prolonged, prolonged. I know the money is available to us all," says John Cadle, former worker. The question on the mind of many, are the words they are hearing today just words, or will action follow. The Department of Labor said Tuesday that possibly tens of thousands of folks might be eligible for claims. Copyright 2001 - 2005 WorldNow and WVLT VOLUNTEER TV, ***************************************************************** 43 Las Vegas SUN: New Nellis boss sees continued growth at base Today: January 26, 2005 at 9:48:18 PST By Jace Radke LAS VEGAS SUN In more than 24 years in the Air Force, Maj. Gen. Stephen Goldfein never found himself stationed at Nellis Air Force Base -- but now he is in Las Vegas commanding the Air Warfare Center and overseeing the country's premier test and training base. "I think I'm probably the only one in this position who hasn't served here in the past," said Goldfein, who said he was happy to be assigned to Nellis from the Pentagon. "Here I have a chance to be around the airmen. I have a chance to serve them and provide vision and guidance and insure they have what they need. "To command is a privilege, and I've noticed that the community is proud of the airmen at Nellis and they have every right to be." Goldfein, who took over command at Nellis in October, said in an interview Tuesday that Nellis will continue to see new weapon technologies in the coming years, and additional construction at both the Indian Springs Auxiliary Air Field and Nellis to house the systems and the airmen that will run them. There will continue to be growth in the Predator remote-piloted aircraft operations at Indian Springs in the coming years Goldfein said. "It's quite possible that we could expand to another squadron in Indian Springs, or at least see the three squadrons we have out there continue to grow," Goldfein said. "We need to continue to meet the high demand for the Predator that has provided such a great support capability, especially for our brothers in the Army." Goldfein said that construction to house more Predators, which are remotely flown by pilots at Nellis everyday in the skies over Afghanistan and Iraq and have been used to strike targets with Hellfire missiles, could begin by the end of the year or in 2006. The F-35 Joint Strike Fighter is another high-tech weapons system that could arrive in Nellis by the end of 2006 or 2007. The F-35 is designed to take over the air-to-ground combat responsibilities of the A-10 and the F-16, while the FA-22 is being groomed as a replacement to the F-15. Goldfein, who previously served in the Pentagon as the director of Operational Capability Requirements and deputy chief of staff for Air and Space Operations, said Nellis will also be hosting a new kind of Red Flag training exercise in March. Nellis hosts four Red Flag training missions a year, often including more than 100 aircraft flying over the Nevada Test and Training Range in mock combat situations. On March 19 Nellis will host a joint Red Flag that will include the Army, Navy and Marines in an exercise that is the first of its kind. "It will allow us to connect at an operations level, making strategic decisions while managing large forces jointly," Goldfein said. "It should help us understand how to operate and understand each other together." The Navy, Marine and Army portions of the exercise will be conducted at various training bases, while the Air Force will be flying over the test and training range, but it will all be coordinated at the command and control center at Nellis. Goldfein, 47, grew up in an Air Force family, with his father retiring as a colonel at Nellis. Both his brothers are also in the Air Force, and his son is scheduled to graduate from the Air Force Academy later this year. Goldfein said that he has been impressed with the warmth of local leaders and citizens and their knowledge of the Air Force and the service of Nellis airmen in the war on terrorism. "Right now we have a little over 500 airmen deployed all over the world," Goldfein said. "We have security force, engineers, pilots, and maintainers. You can pick a function and we've had them deployed." The majority of Nellis deployed troops have been assigned to Afghanistan, Iraq and the Middle East. Also, members of Nellis's 99th Logistics Readiness Squadron were named as part of the outstanding Air Force unit of the year for serving as drivers and gunners in Army convoys in Iraq. ***************************************************************** 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. 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