***************************************************************** 05/13/05 **** RADIATION BULLETIN(RADBULL) **** VOL 13.110 ***************************************************************** RADBULL IS PRODUCED BY THE ABALONE ALLIANCE CLEARINGHOUSE ***************************************************************** Send News Stories to news@energy-net.org with title on subject line and first line of body NUCLEAR POLICY 1 Xinhua: Iran softens stance on resumption of enrichment activities 2 Recent Events In Iran, Dpr Of Korea Should Spur On Work Of UN Nuclea 3 INSIDE JoongAng Daily: Nuclear conference keeps seat for North 4 INSIDE JoongAng Daily: China is said to want U.S. to engage North 5 US: HoustonChronicle.com: Part of energy bill to be revealed 6 US: TomPaine.com: Bolton's Yellowcake 7 US: Tri-Valley Herald: Critics smother bunker-buster 8 [du-list] PLEASE READ Important NPT Info 9 The Hindu: No change in nuclear policy, says India 10 AFP: India successfully test fires nuclear-capable surface missile NUCLEAR REACTORS 11 US: [shundahaialert] Accelerating the timeline for "temporary" 12 RIA Novosti: Damaged Chernobyl Reactor to Receive New Cover 13 US: APP.COM: Safety upgrade vowed at reactor 14 US: NRC: Proposed Generic Communication; Clarification of Post-Fire NUCLEAR SECURITY 15 Soviets Planned Nuclear First Strike to Preempt West, Documents 16 Did US torpedo the Russian submarine? 17 INSIDE JoongAng Daily: World watches 1 tunnel of 8,200 in North NUCLEAR SAFETY 18 US: Spectrum: Downwinders need answers while there is still time 19 US: AxisofLogic: Louisanna: Toxic Tours of Duty? Historic legislatio 20 AxisofLogic: Horror Of US Depleted Uranium In Iraq Threatens World 21 US: DallasNews.com: Midlothian: Facing possible suit, industry denie 22 US: NRC: Nuclear Management Company, LLC; Notice of Consideration of 23 US: NRC: Nuclear Management Company, LLC; Notice of Consideration of 24 US: USATODAY.com: 'Downwinders' case finally goes to court NUCLEAR FUEL CYCLE 25 Las Vegas RJ: YUCCA MOUNTAIN: Panel adds $10 million to request 26 Las Vegas SUN: Columnist Jeff German: Gibbons has late awakening 27 Las Vegas SUN: House panel OKs funds for moving nuke waste 28 US: Platts: US House panel approves funding for interim nuclear wast 29 Mail & Guardian: 'No final home for nuke waste' 30 US: Salt Lake Tribune: 34 now-closed bases are still toxic despite 31 US: Salt Lake Tribune: Panel: Send N-waste to temporary site by '06 32 Greenpeace: Leak forces Sellafield to close 33 US: Courier-Post: Judge: Let water out of landfill 34 US: Las Vegas SUN: Hawthorne Army Depot on proposed base closing lis 35 US: Bradenton Herald: Tallevast tribute planned PEACE US DEPT. OF ENERGY 36 Seattle Post-Intelligencer: Closing arguments heard on Hanford 37 Tri-City Herald: Panel agrees to restore Hanford budget 38 SF Chronicle: BERKELEY / UC has big rival bidding to run Los Alamos ***************************************************************** ***************************************************************** FULL NEWS STORIES ***************************************************************** ***************************************************************** 1 Xinhua: Iran softens stance on resumption of enrichment activities www.xinhuanet.com www.chinaview.cn 2005-05-13 19:22:22 TEHRAN, May 13 (Xinhuanet) -- Iran has softened its stance on the declared resumption of uranium enrichment activities, but stressed that it will never abandon its rights on peaceful nuclear technology, the official IRNA news agency reported on Friday. "Iran plans to continue talks with the European Union (EU) but it will never abandon its inalienable right to use nuclear technology for peaceful purposes," Foreign Minister Kamal Kharazi was quoted as saying. Kharazi said that Tehran would remain committed to the Non-Proliferation Treaty and the confidence-building measures,referring to the suspension of uranium enrichment that Iran has repeatedly threatened to restart. Meanwhile, Gholam Reza Aghazadeh, Vice-President and Head of Iran's Atomic Energy Organization, told state television Friday that Iran's resumption of some enrichment activities was "certain"but Tehran might delay it for a while. Iran's softened attitude came soon after the EU and Washington warned that Tehran would confront "serious consequences" if the resumption were carried out. Tehran is currently in negotiations with the EU on its nuclear issue, and the EU has been trying hard to talk Iran out of its work on building nuclear reactors. Iran, accused by the United States of developing nuclear weapons secretly, insists that it will never give up its legitimate rightson nuclear technology and its related activities are completely peaceful. Due to its dissatisfaction with the "prolonged negotiations",Iran recently threatened to resume part of the uranium enrichment activities, which it suspended last November to build confidence with the EU. Enditem Copyright ©2003 Xinhua News Agency. All rights reserved. ***************************************************************** 2 Recent Events In Iran, Dpr Of Korea Should Spur On Work Of UN Nuclear Review Conference - Annan Date: Fri, 13 May 2005 14:01:01 -0400 X-Spam-Checker-Version: SpamAssassin 3.0.3 (2005-04-27) on pascal.ctyme.com X-Spam-Level: X-Spam-Status: No, score=-16.3 required=5.0 tests=BAYES_00,FROM_ORG, SP_HAM_SUPER,SUBJ_ALL_CAPS,WHITE_PHRASE autolearn=ham version=3.0.3 X-Spam-filter-host: pascal.ctyme.com - http://www.junkemailfilter.com RECENT EVENTS IN IRAN, DPR OF KOREA SHOULD SPUR ON WORK OF UN NUCLEAR REVIEW CONFERENCE – ANNAN New York, May 13 2005 2:00PM United Nations Secretary-General Kofi Annan said today that recent developments with the nuclear programmes in Iran and the Democratic People's Republic of Korea (DPRK) illustrated how important it was for parties currently in New York reviewing the Nuclear Non-Proliferation Treaty (NPT) to speed up their work. Just back from visits to Moscow and Geneva, Mr. Annan <"http://www.un.org/apps/sg/offthecuff.asp?nid=728">told reporters on his way into UN Headquarters that recent events showed the importance of making progress at the <"http://www.un.org/events/npt2005/">2005 Review Conference of State Parties to the NPT. Countries are nearly halfway through their month-long session, emerging from a near two-week deadlock just 48 hours ago to announce that they had <"http://www.un.org/News/Press/docs/2005/dc2963.doc.htm">agreed on an agenda that will allow them to begin their work. The President of the Conference yesterday <"http://www.un.org/News/briefings/docs/2005/NPTBrf050512.doc.htm">called this a "promising" but "very tiny first step," with much work ahead. Today, Mr. Annan said he was concerned that it took two weeks to agree on an agenda, adding, "I hope they will accelerate their work." Addressing the Iranian issue, he said it was not out of the question that talks between Iran and three European nations would continue, while for the DPRK, he hoped six-party talks – including China, Japan, Russia, the United States and the Republic of Korea – would succeed, calling them "the only game in town." Mr. Annan also noted that the UN has been assisting the DPRK with humanitarian aid and also encouraging it to cooperate on the nuclear front. Meanwhile, in other news from the NPT review, the Conference's General Committee, which handles questions of procedure, concluded its meeting yesterday afternoon with no agreement yet to recommend to the plenary session the allocation of items on the agenda to the three Main Committees. Intensive consultations continued this morning among the Main Committee chairs and regional groups. 2005-05-13 00:00:00.000 ________________ For more details go to UN News Centre at http://www.un.org/news To change your profile or unsubscribe go to: http://www.un.org/news/dh/latest/subscribe.shtml ***************************************************************** 3 INSIDE JoongAng Daily: Nuclear conference keeps seat for North May 14, 2005 KST 13:34 (GMT+9 May 14, 2005 ¤Ń Despite North Korea's withdrawal from the Nuclear Non-Proliferation Treaty, a review conference on the 1970 accord is keeping a seat open for Pyongyang in the hope that it will return to the convention, Reuters reported yesterday. Among the 189 nations that have ratified the treaty, delegates from 188 are attending the meeting, which started May 2, to strengthen its provisions. North Korea announced its decision to renounce the treaty twice, in 1994 and 2003. "Politically there should be an open door in case they decide to return," said Brazil's delegate and president of the conference, Sergio de Queiroz Duarte, who has custody of North Korea's nameplate. The nuclear nonproliferation treaty bars nuclear arms development programs by non-nuclear weapon states, and bans the transfer of nuclear weapons technology by nuclear armed states. Copyright by Joins.com, Inc. Terms of Use | ***************************************************************** 4 INSIDE JoongAng Daily: China is said to want U.S. to engage North May 14, 2005 KST 13:34 (GMT+9) May 14, 2005 ¤Ń BEIJING ˇŞ After strenuous U.S. efforts to convince China to pressure North Korea into returning to nuclear disarmament negotiations, a leading Japanese politician says that what Beijing wants is for Washington to give Pyongyang ground and engage in direct talks in order to revive the six-party effort to resolve the crisis. Yoshito Sengoku, chairman of the Policy Research Committee of Japan's main opposition Democratic Party, said Thursday that in a recent meeting in Beijing with Wang Jiarui, head of the Chinese Communist Party Central Committee's International Department, Mr. Wang urged Tokyo to convince Washington to explain to Pyongyang the harsh rhetoric U.S. Secretary of State Condoleezza Rice used to describe North Korea. Ms. Rice called the communist country "an outpost of tyranny" at her Senate confirmation hearing in January and Pyongyang has been demanding an apology. Since then she has said that she will not engage in any "semantic analysis." Mr. Sengoku told reporters that Mr. Wang also said that Beijing favors some sort of direct communication between Washington and Pyongyang in order to resume the six-party talks. The Japanese politician quoted Mr. Wang as saying that the North would have no excuse not to return to the negotiations if such contact is established. Washington has repeatedly said that it would only accept bilateral talks within the framework of the six-party talks. Mr. Wang reportedly also warned Pyongyang that Beijing would react strongly to a North Korean nuclear test. Quoting unnamed U.S. officials, U.S. media have hinted at such a possibility. Separately, in an interview with a U.S. newspaper, Yang Xiyu, a senior Foreign Ministry official and Beijing's top expert on the North Korea nuclear problem, also directed blame for the current impasse at Washington, saying Mr. Bush destroyed the atmosphere for negotiations when he labeled the North's leader, Kim Jong Il, a "tyrant" in late April. Pyongyang responded by calling Mr. Bush a "philistine and hooligan." Mr. Yang also urged Washington to establish some informal channel with Pyongyang as a measure to build confidence. Together the reported remarks of the Chinese officials suggest how Beijing wants to approach the problem. On Tuesday, Liu Jianchao, China's Foreign Ministry spokesman, said Beijing opposed "strong-arm tactics" ˇŞ such as a threat to cut off energy supplies ˇŞ to bring North Korea back to the negotiation table, something that Washington would like Beijing to do to break the impasse. In other developments, Song Min-soon, Seoul's top representative to the six-party talks, who is visiting Washington to discuss how to revive negotiations said on Thursday that South Korea and the United States have agreed to step up efforts and strengthen "constructive diplomatic measures." Mr. Song didn't offer details but said that at this point forceful measures are not being considered. by Yoo Kwang-jong, Brian Lee africanu@joongang.co.kr> Copyright by Joins.com, Inc. Terms of Use | ***************************************************************** 5 HoustonChronicle.com: Part of energy bill to be revealed May 13, 2005, 12:31AM Senate version deals with coal, nuclear issues By TOM DOGGETT Reuters News Service WASHINGTON - The Senate Energy Committee will unveil an energy bill today that would boost U.S. production of coal and nuclear energy, although more contentious measures on oil, natural gas and automobile fuel efficiency are still being drafted, committee leaders said Thursday. The House of Representatives approved its version of energy legislation last month. President Bush wants Congress to send him a final energy package by late summer. Republican and Democratic members of the Senate energy panel have been meeting privately for months to draft a bill. Today, the committee will release a portion of its energy bill related to coal, electricity, hydrogen and certain nuclear power issues that have been generally agreed upon. The full committee will meet next Tuesday through Thursday to fine-tune and vote on those provisions in the energy bill. However, other contentious provisions in the bill relating to renewable energy, oil and natural gas, and motor fuel and vehicle issues are still being worked on by congressional staff members. The committee is scheduled to vote on that remaining bill language during the week of May 23. If that schedule is kept, the entire energy bill could be sent to the Senate floor for debate before the Memorial Day holiday recess at the end of this month. The Senate bill will not contain language in the House legislation that would open Alaska's Arctic National Wildlife Refuge to oil drilling, because leaders have expressed a preference to include that in annual budget legislation. Pete Domenici, the Republican chairman of the energy committee, has also refused to include any protection from lawsuits for oil companies that make the water-polluting gasoline additive MTBE. Last year's energy bill died in Congress largely because House Majority Leader Tom DeLay of Sugar Land insisted that an energy bill must shield the industry from product liability lawsuits for MTBE and give it some $2 billion in transition costs to make other products. Those two major differences will have to be settled by a joint Senate-House conference committee that will hammer out the language for a final package. Return to top ***************************************************************** 6 TomPaine.com: Bolton's Yellowcake Ray McGovern May 11, 2005 Ray McGovern spent 27 years as a CIA analyst and is a founding member of Veteran Intelligence Professionals for Sanity, a group of 50 former intelligence community members formed in January 2003.  He now works at Tell the Word, the publishing arm of the ecumenical Church of the Saviour in Washington, DC. What role did John Bolton play in the Bush administration's efforts to manufacture the intelligence needed to justify the invasion of Iraq? As it turns out, a hidden but important role. Remember the "yellowcake from Niger?" Briefly reported last week in Steve Clemons'  was that a Congressional subcommittee, citing a State Department inspector general's report, found that Bolton ordered and received updates on the notorious "Fact Sheet" of Dec. 19, 2002 that claimed Iraq had been trying to procure uranium "yellowcake" from Niger. In other words, John Bolton played a key role in ordering that discredited intelligence be used to support the president's case for war, three months before the attack on Iraq.   A Plan To Fix The Facts   TomPaine.com readers, unlike those malnourished by "mainstream media," were among the first  published by the London Sunday Times on May 1, in which the head of British intelligence told Prime Minister Tony Blair that President George W. Bush had decided to make war on Iraq.  The date, you will remember, was July 23, 2002long before the president consulted Congress, and long before any intelligence was cooked up to "justify" such a decision. The official minutes of that meeting show that the U.K. intelligence chief, Richard Dearlove, just back from consultations in Washington with then-CIA director George Tenet and other officials, announced matter-of-factly that the attack on Iraq is to be "justified by the conjunction of terrorism and weapons of mass destruction."  British Foreign Secretary Jack Straw is quoted as confirming that Bush has decided on war, but interjects ruefully that the case for WMD was "thin."  Not a problem, says Dearlove, "Intelligence and facts were being fixed around the policy." Boltonization But how does this kind of "fixing" play out?  Insights leap out of recently declassified email messages from the office of Undersecretary of State John Bolton, archdeacon of politicization.  I was particularly struck today to learn from the Washington Post that Bolton's principal aide and chief enforcer, Frederick Fleitz, is actually a CIA analyst on loan to Bolton.  In this light, his behavior in trying to cook intelligence to the recipe of high policy is even more inexcusable.  CIA analysts, particularly those on detail to policy departments, have no business playing the enforcer of policy judgments, have no business conjuring up "intelligence around the policy." Fleitz must have flunked Ethics and Intelligence Analysis 101.  Or perhaps the CIA does not offer the course any more.  This is the same Fleitz who "explained" to State Department's intelligence analyst Christian Westermann that it was "a political judgment as to how to interpret this data [on Cuba's biological weapons program] and the I.C. [intelligence community] should do as we asked." Emails released more recently show Fleitz acting as stalking horse for Bolton to make sure the intelligence fit the policies Bolton was pushing.  Fleitz is furious that State Department intelligence experts feel it their duty to demur on Bolton/Fleitz judgments regarding the efficacy of missile export controls against China.  Fleitz, whose home office at CIA is the one which gave us "high confidence" judgments on the presence of WMD in Iraq, apparently ordered up analysis from CIA to suit his boss' strongly held judgment that the controls on exports to China were deficient. Not surprisingly, Bolton liked the analysis that was served up by Fleitz' CIA colleagues and told him to pass it to Deputy Secretary of State Richard Armitage.  But State's intelligence analysts had the temerity to do their job, and attached a cover memo taking the opposite position, viewing the export controls positively. Questioned on this by Senate staffers last week, Fleitz admitted that his experience in his CIA home office gave him a personal stake in how the analysis was treated.  This is doubly inappropriate. The idea of seconding intelligence analysts to policy departments dates back almost three decades to a time when many analysts found themselves working in a vacuum, blissfully unaware of policymakers' interests and needs.  The analysts' (otherwise laudable) search for relevance has now swung the pendulum too far in the other direction, with folks like Fleitz "cherry-picked" by folks like Bolton to "support" policy in wholly inappropriate ways.  That top CIA officials allow the Boltons of this administration to get away with that shows CIA managers to be weak, witting and willing accomplices in this corruption of the intelligence process. Enter The Yellowcake The Fleitz technique is one way to Boltonize intelligence, but there are other ways to counter attempts by intelligence analysts to "tell it like it is," when "like it is" needs to be "fixed" around a policy.  Just go around the analysts.  An instructive example of this can be seen by harkening back to a key juncture in the saga on Iraqi "weapons of mass destruction," in which Bolton achieved his aims by simply cutting State Department intelligence analysts out of the flow. Painful as it is to bring up the embarrassing canard about Iraq seeking uranium in Niger, that sad chapter illustrates how Bolton operates when he knows he cannot bully intelligence community analysts to come up with the desired "analysis."  Before President Bush's key speech on Oct. 7, 2002 setting the stage for Congress' vote on the war three days later, then-CIA director Tenet personally intervened to prevent the president from using spurious "intelligence" on the alleged attempts to acquire "yellowcake" (the ore from which unenriched uranium is extracted) from Africa. Just two months later, however, this canard reappeared in an official State Department "Fact Sheet" dated Dec. 19, debunking Baghdad's submission to the U.N. Security Council accounting for Iraqi weapons programs.  The "Fact Sheet" directly cited the "yellowcake" deal as proof that Saddam Hussein was lying to the United States about his nuclear program (which had been "reconstituted" only in the rhetoric of Bolton's patron, Dick Cheney). Small problem: State's intelligence analysts had long shared CIA's skepticism about that report.  Indeed, in the National Intelligence Estimate of Oct. 1, 2002 they had branded it "dubious." What accounts for new life being injected into this canard?  We learned some time ago from a former senior Bush State Department official that the impetus came from Bolton's office.  And now we have documentary proof, thanks to a State Department Inspector General investigation, the results of which were shared with a congressional subcommittee.  In sum, when Bolton realized that the Iraq-Niger report itself left most analysts holding their noses (even before it was established that it was based on crude forgeries), his office inserted the bogus story into the official State Department "Fact Sheet" without clearing it with the department's own intelligence analysts.  Easy. This strongly suggests that it was also no accident that a month later the yellowcake fable found its way into the president's state-of-the-union address. Bolton's rogue operation ensured the subsequent embarrassment of one and all when the head of the U.N.'s International Atomic Energy Agency, Mohammed El Baradei declared the reports "not authentic," forcing both White House officials and George Tenet to apologize. Bolton kept his head down during all this, doing all he could to disguise his involvement in the "Fact Sheet" misadventure.  Indeed, the House Committee on Government Reform's Subcommittee on National Security found that "the State Department deliberately concealed unclassified information about the role of John Bolton, Under Secretary of State for Arms Control, in the creation of a fact sheet that falsely claimed that Iraq sought uranium from Niger." In a letter of Sept. 25, 2003, State told the subcommittee that "Bolton did not play a role in the creation of this document."  However, subcommittee investigators subsequently obtained access to a State Department Inspector General report that showed that Bolton not only ordered that the Fact Sheet be created, but also received updates on its development. Later, Bolton fell back on his default modus operandi-the by-now-familiar attempts to fire for their insolence analysts, managers, senior U.N. officialsit doesn't matter.  Late last year, Bolton led a one-man, one-country vendetta aimed at preventing the well-respected El Baradei from getting another term as Director of the U.N.'s International Atomic Energy Agency.  That quixotic campaign was unprecedented in its vindictiveness and won the U.S. no friends.  And this is the president's nominee for ambassador to the United Nations. Remarkable. [Posted: 05/11/05 20:00; Revised 05/12/05 08:22] TomPaine.com.] [ /] [ /] ***************************************************************** 7 Tri-Valley Herald: Critics smother bunker-buster Article Last Updated: 05/13/2005 04:42:25 AM Actions in House bar experiments, deny funding for new nuclear weapon By Ian Hoffman, STAFF WRITER In a two-pronged assault Thursday, congressional critics of a bunker-busting H-bomb denied permission for the U.S. Energy Department to experiment on the weapon and at the same time eliminated money for those experiments. With the Senate expected to clear the weapon, the House maneuvers don't necessarily spell an end for the Robust Nuclear Earth Penetrator. But the decisions of two Republican-led committees suggest the administration is losing support for adding a newly modified bomb to the U.S. arsenal. "What this says is that support for the Robust Nuclear Earth Penetrator continues to erode," said Daryl Kimball, executive director of the Arms Control Association in Washington, D.C. "The proponents for RNEP will have a more difficult time sustaining a program" in the face of opposition from two key committees. Weapons scientists at Lawrence Livermore and Sandia labs in California were halted last year from testing a rough design of the bomb, intended as a last-resort threat to the hardened underground hideaways of foreign adversaries and their weaponry. Scientists believe they've designed the world's most rugged weapon of mass destruction, capable of plunging the equivalent of a million tons of TNT into solid rock and sending seismic shock waves 1,000 feet down to crush bunkers and tunnels. They want to replace the bomb's nuclear explosive with sensitive instruments and sling it with a rocket into a block of concrete to test its survival in rock. The Bush administration is making its strongest push to date for such a bomb, with Defense Secretary Donald Rumsfeld making a personal pitch to key lawmakers, according to congressional aides. But the administration's promotion of the nuclear penetrator comes as diplomats debating the Nuclear Nonproliferation Treaty accuse the United States of not doing enough to reduce its reliance on nuclear arms. Opponents also gained support froma recent National Academy of Sciences study concluding that while the penetrator could destroy deep bunkers — assuming they could be targeted accurately — it also could kill a million or more people on the surface with the blast and radioactive fallout. Rep. Ellen Tauscher, D-Alamo, and Rep. John Spratt, D-S.C., persuaded a House Armed Services subcommittee to take spending authority on the weapon away from the Energy Department and give it to the Defense Department, for experiments on generic bunker-busting weapons, not necessarily nuclear ones. "I continue to vehemently oppose using taxpayer dollars to fund a RNEP weapon that poses tremendous and unpredictable risks," Tauscher said. She said the deal with House Republicans "stymies the Bush Administration's effort to create new nuclear weapons over the objections of Congress and provides our military with resources to continue defeating conventional 'bunker busters.'" Government officials say the deal could bar nuclear bunker buster experiments at Energy Department facilities but allow them at military facilities. But the Tauscher-Spratt deal marks the first time in three years that opponents of the weapon have curtailed government authority to work on it. David Culp, who monitors nuclear-weapons matters for a Quaker group, the Friends Committee on National Legislation, said Republicans realized political backing for the bomb was falling apart. "So rather than risk having a vote and being defeated on the floor, they did it themselves," he said. The more powerful statement came from the House Energy and Water Appropriations Committee, where chairman David Hobson, R-Ohio, eliminated the administration's requested $4 million for the bunker buster experiments. His Senate counterparts are expected to approve the spending, setting the stage this summer or early fall for lawmakers of both chambers to agree on a compromise. © 2005 ANG Newspapers ***************************************************************** 8 [du-list] PLEASE READ Important NPT Info Date: Fri, 13 May 2005 18:34:25 -0700 The 2005 NPT RevCon is in full swing at the UN. This is one of the most important NPT conferences in a long time and the media is not covering it to any substantial degree. There are so many things going on there that we as activists need to know about. So how do we find out what's going on there on a day to day basis? Please check out asap, http://www.banningthebomb.tv BTB provides up-to-the-minute video reports and interviews from the NPT RevCon. At BTB, you will also see video coverage of: daily NPT meetings; what's happening at the U.S. nuclear labs; international developments in nuclear policy, and related topics. Some examples of what is available on BTB right now include: Ambassador Sergio Duarte, President of the seventh NPT Review Conference "On the adoption of the NPT Agenda " Walter Cronkite, Eminent Journalist "Opening Remarks to the Nuclear Age Peace Foundation Panel Discussion " Dr. Daniel Ellsberg, Independent International Security Analyst "Discussing the German Delegation's announcement to ask the U.S to remove their nuclear weapons " As well as interviews with some rockin' activists whom we all know and love: Susi Snyder, Secretary-General WILPF-International William Peden, Head of Delegation Greenpeace International Greg Mello, Executive Director Los Alamos Study Group Loulena Miles, Staff Attorney Tri Valley C.A.R.E.s and many others. BTB is updated daily, so check back every day to keep up to the minute on the 2005 happenings (and unhappenings), and please, spread the word. Thank you for all that you do. [Non-text portions of this message have been removed] ------------------------ Yahoo! Groups Sponsor --------------------~--> Has someone you know been affected by illness or disease? Network for Good is THE place to support health awareness efforts! http://us.click.yahoo.com/RzSHvD/UOnJAA/79vVAA/FGYolB/TM --------------------------------------------------------------------~-> To unsubscribe from this groups send a message to du-list-unsubscribe@yahoogroups.com. In the body of the message type unsubscribe and send. Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/du-list/ <*> To unsubscribe from this group, send an email to: du-list-unsubscribe@yahoogroups.com <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/ ***************************************************************** 9 The Hindu: No change in nuclear policy, says India Friday, May 13, 2005 : 1900 Hrs New Delhi, May. 13 (PTI): The Government today said the new legislation to prohibit unlawful activities in relation to weapons of mass destruction (WMDs) and their means of delivery in no way indicated any change in India's nuclear policy. "It does not indicate any change in our nuclear policy. It does not in any manner constrain our nuclear programme, civilian or strategic," External Affairs Ministry spokesman Navtej Sarna, told reporters here. Describing the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Bill, 2005 approved by Parliament as an "overarching and integrated" legislation, he said India was determined to utilise advanced technologies for its security, welfare of its people and to meeting the nation's developmental requirements. Through updated controls for the export of WMD-usable materials, equipment and technologies and prohibitions related to non-State actors, India fulfilled its mandatory obligations under relevant UN Security Council resolution. He said the legislation and its passage underlined India's role as a responsible nuclear power and its respect for such responsibility arising from the possession of sensitive dual use technologies. India has stated that it was fully committed to safeguard its security as a Nuclear Weapon State and to deepen its autonomous scientific and technical capability for meeting its security imperatives and developmental goals. Copyright © 2005, The Hindu. Republication or redissemination of ***************************************************************** 10 AFP: India successfully test fires nuclear-capable surface missile Thursday May 12, 07:57 BHUBANESHWAR, India (AFP) - India successfully tested a nuclear-capable missile from a test range in the eastern state of Orissa, a defence ministry spokesman said. The test of the Prithvi-1 (earth) missile took place at the Chandipur-on-Sea test site in the eastern state of Orissa at 1:04 pm (0734 GMT), the spokesman said on Thursday. The missile has a range of 250 kilometres (190 miles) and can carry conventional or low-yield nuclear warheads. Nuclear-capable India and Pakistan, which have fought three wars, two over the disputed Himalayan territory of Kashmir, routinely carry out missile tests and normally notify each other in advance under an agreement. The 8.5-metre (28-foot) surface-to-surface missile, first tested in February 1988, is under trials before its induction into the army's arsenal, other defence officials said. The missile was lasted tested on March 19. The missile is designed for battlefield use against troops or armoured formations, defence officials said. Two other variants of the Prithvi, with a strike range of between 250 and 350 kilometres would be handed over to the navy and air force once tests were completed. Copyright © 2005 AFP. All rights reserved. All information ***************************************************************** 11 [shundahaialert] Accelerating the timeline for "temporary" Date: Fri, 13 May 2005 18:34:22 -0700 http://www.sltrib.com/utah/ci_2731895 Panel: Send N-waste to temporary site by '06 By Robert Gehrke The Salt Lake Tribune Salt Lake Tribune WASHINGTON - A House subcommittee wants the Energy Department to start sending nuclear reactor waste to an interim storage site by next year. The proposal's possible impact on a planned temporary storage center in Utah, which would be operated by private owners, is unclear. But the House backers of a new public waste storage alternative want it in place before the Utah site is scheduled to be operating. Rep. David Hobson, R-Ohio, chairman of the House subcommittee that sets the Energy Department budget, on Thursday added $10 million to the bill, directing DOE to select one or more above-ground sites that can store spent fuel by 2006. The temporary site would address the need for storage until a permanent repository in Yucca Mountain, Nev., can be opened. Private Fuel Storage, a consortium of electric utilities, has proposed a privately funded and operated fuel storage site on the Skull Valley Band of Goshutes Indian reservation. PFS is awaiting a license from the Nuclear Regulatory Commission, but is not expected to be operating before 2007. Hobson's language also asks the Energy Department to study reprocessing spent fuel, and have a reprocessing technology selected by 2007. Hobson told The Associated Press he wants to move the waste before the opening of Yucca Mountain, which would occur in 2012 at the earliest. "We're incurring a lot of litigation when we don't get the spent fuel rods out from these power plants like we said we we're going to do," he said. "This way we could eliminate that, cut down on the security problems they have, and put them into some above-ground sites." PFS spokeswoman Sue Martin said she could not say for certain how Hobson's proposal might affect the Skull Valley proposal, assuming Hobson's aggressive schedule could be met. "It doesn't really change our plans because you see how long it's taken to plan and go through the licensing process for our facility and it would probably take DOE just as long. . . . In the meantime, the [power plants] are continuing to run out of space," Martin said. "I think it would be an important thing for Congress to approve, but it doesn't obviate the need for our facility at this time." She said it could mean the Skull Valley site would not be in operation as long, adding "and that's fine." The energy spending bill containing Hobson's storage proposal is still in the early stages. It still would require approval of the House Appropriations Committee, the full House and Senate and the president. Thousands of tons of commercial reactor fuel and defense waste are scattered around 39 states. The Bush administration is committed to moving it to Yucca Mountain, but a string of problems - most recently allegations that workers falsified scientific data - have delayed the project. ***************************************************************** 12 RIA Novosti: Damaged Chernobyl Reactor to Receive New Cover LONDON, May 13 (RIA Novosti's Alexander Smotrov). At a Thursday meeting at the headquarters of the European Bank for Reconstruction and Development, the donor countries for the Chernobyl Nuclear Power Plant have promised to spend around $200 million on a new safer cover for the ruin of its former Unit Four. In this amount, $185 million will come from G-8 member states and the EU, the other $22 million from Ukraine. Notably, an EBRD representative said, this is the first time that Russia also makes its contribution to the project. EBRD is in charge of the Chernobyl Shelter Fund with 28 member states. The fund was able to collect around ďż˝600 million to keep the plant safe. Together with the latest batch, the overall aid will get close to $1 billion. The new cover - the primary spending item, according to the fund - will be completed in 2008-2009. EBRD president Jean Lemierre welcomed new funds and described the move as a sign that the international community remains committed to complete the Chernobyl shelter. He also expressed his assurance that Ukraine would be able to complete the project in good time and that the Ukrainian leadership would watch closely where the Chernobyl money is spent. The Chernobyl nuclear blast of April 26, 1986 was a major technological and humanitarian catastrophe of the 20th century. After the blast, the European Community made a survey of cesium contamination in Europe to find out that 17 countries with a total area of 207, 500 sq km were affected by cesium activity in excess of 1 Curie per square kilometer: 43,500 square km were contaminated in Belarus, 59,300 square km in Russia, and 37,600 square km in Ukraine. © 2005 "RIA Novosti" ***************************************************************** 13 APP.COM: Safety upgrade vowed at reactor Asbury Park Press Online NRC told system will help cure ills Published in the Asbury Park Press 05/13/05 BY NICHOLAS CLUNN TOMS RIVER BUREAU OVERSIGHT While federal regulators gave the Oyster Creek nuclear power plant good marks overall on how it operated in 2004, they found five cases of reactor owner AmerGen failing to follow through on plans to correct problems. The most serious case stemmed from an incident in May 2003, when workers, for the third time in eight years, failed to notice a power line ruined by water. The faulty line caused the plant to lose a power distributor connected to safety equipment. As a result, operators shut down the reactor as a safety precaution. This year, regulators will look more closely at how AmerGen solves problems at the plant. TOMS RIVER — Workers at the Oyster Creek nuclear power plant will begin using a new computer system next month to help ensure deficiencies are corrected, a change that will come four months after federal regulators cited the plant as deficient in that area. The system, announced by plant Vice President Bud Swenson during an annual safety assessment meeting with federal regulators Thursday night, was described as more thorough, though it may cause problems during its first four weeks in use. Oyster Creek Manager Jim Randich said plant owner AmerGen did not introduce the system because of the problem-resolution finding by the Nuclear Regulatory Commission but had planned for it all along. Regulators found five cases of AmerGen failing to follow through on plans to correct problems at the Lacey reactor in 2004. Most of the problems were determined to pose little risk of a safety problem but collectively indicated a need for plant managers to be more attentive to resolving concerns faster, according to the NRC. Overall, regulators said the plant "preserved public health and safety." Although the thrust behind the presentation, held at the Ocean County Administration Building on Hooper Avenue, was the safety at Oyster Creek in 2004, several of the 50 people in the audience were there to ask about AmerGen's plan to keep the plant open for another 20 years past 2009. For that to happen, AmerGen would need to ask the NRC for a license renewal, an application for which the company plans to submit by the end of July. Dover resident Stephen Lazorchak, an engineer who once worked for GPU Nuclear when that company owned the Oyster Creek plant, asked how NRC officials could rationalize a renewed license for a plant vulnerable to a 9/11-like attack with an aircraft. An NRC official responded that regulators believe that the best defense against an threatening aircraft lies in airport security and in the military's ability to respond to an impending attack of that sort. The official also noted that the potential for a terrorist attack on nuclear plants is a threat that could affect all plants and shouldn't be considered while assessing individual reactors. Phasing in new system Swenson mentioned the new computer system after NRC officials presented its safety assessment of Oyster Creek. Although the new program may initially cause problems as a result of workers getting used to it, additional AmerGen staff familiar with the program from elsewhere in the company will be at Oyster Creek to help with the change-over. Oyster Creek's problem-resolution issue is partially based on a safety violation that caused the reactor to shut down in May 2003. Workers then, for the third time in eight years, had failed to notice a power line ruined by water. Workers at the plant would have replaced the faulty cable if they had labeled it correctly in 1996. Instead, it caused the plant to lose a distributor that allocates power to safety-related equipment. NRC regulations require plant operators to shut down reactors as a safety measure when that distributor doesn't work. Regulators Thursday night also reiterated their concern about a finding they announced in March. That mistake, regarded as an administrative error by plant management, could have delayed timely responses by authorities charged with protecting the public during a radioactive release, according to the NRC. The error would have allowed water used to cool the reactor to drop farther than necessary for a "general emergency" declaration to occur, said Neil A. Sheehan, an NRC spokesman. A general emergency would occur if a reactor has been seriously damaged and risked releasing radiation beyond plant boundaries. The only such emergency happened in 1979 during a partial meltdown of the reactor core at Three Mile Island in Pennsylvania. The NRC regarded the March mistake at Oyster Creek as "white" on a four-color scale: green, white, yellow and red, in ascending order of severity. Of the country's 103 commercial reactors, Oyster Creek had one of 11 "white" findings in 2004, according to NRC figures. The commission recorded 778 "green" findings during that same period and none in the other two categories. Nicholas Clunn: (609) 978-4597 or nclunn@app.com Go Back | Subscribe to the Asbury Park Press ***************************************************************** 14 NRC: Proposed Generic Communication; Clarification of Post-Fire Safe- FR Doc E5-2377 [Federal Register: May 13, 2005 (Volume 70, Number 92)] [Notices] [Page 25622-25628] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr13my05-94] Shutdown Circuit Regulatory Requirements AGENCY: Nuclear Regulatory Commission. ACTION: Notice of opportunity for public comment. SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to issue a regulatory information summary (RIS) to clarify regulatory requirement issues associated with post-fire safe-shutdown circuit analyses and protection, particularly the requirements of Title 10 of the Code of Federal Regulations, Part 50 (10 CFR 50), Appendix R, which have been interpreted by licensees in a manner that is not consistent with regulatory expectations. The industry and NRC regional inspectors have requested clarification of regulatory expectations with respect to post-fire safe-shutdown circuits. In addition, clarification of these requirements will assist licensees in evaluating the transition to a risk-informed, performance-based fire protection program. Three terms are to be addressed in this RIS: ``any-and-all'' (with respect to spurious actuations), ``associated circuits,'' and ``emergency control station.'' Clarification of the term ``one-at-a- time'' (with respect to spurious actuations) will be provided in a separate generic communication. For each term addressed, this RIS identifies the applicable NRC regulatory requirement, provides the regulatory expectation with respect to the requirement, and specifies one acceptable approach to achieving regulatory compliance. Attachment 1 to this RIS provides additional discussion that explains the basis for the regulatory expectations, including a discussion of the various ways in which each term or phrase has been interpreted by stakeholders. This RIS also gives the staff's views on the use of Nuclear Energy Institute (NEI) guidance document NEI 00-01, ``Guidance for Post-Fire Safe Shutdown Circuit Analysis,'' Revision 1 (ML050310295), in complying with Appendix R. The deterministic methodology presented in NEI 00-01, in conjunction with the guidance in this RIS, is one acceptable approach to achieving regulatory compliance with post-fire safe-shutdown circuit protection requirements. Note that RIS 2004-03, Revision 1, ``Risk-Informed Approach for Post-Fire Safe-Shutdown Circuit Inspections'' (ML042440791) provides guidance on conducting risk-informed circuit inspections, whereas this RIS clarifies the regulatory requirements for compliance with Appendix R. This Federal Register notice is available through the NRC's Agencywide Documents Access and Management System (ADAMS) under accession number ML051110160. DATES: Comment period expires July 12, 2005. Comments submitted after this date will be considered if it is practical to do so, but assurance of consideration cannot be given except for comments received on or before this date. ADDRESSES: Submit written comments to the Chief, Rules and Directives Branch, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Mail Stop T6-D59, Washington, DC 20555-0001, and cite the publication date and page number of this Federal Register notice. Written comments may also be delivered to NRC Headquarters, 11545 Rockville Pike (Room T-6D59), Rockville, Maryland, between 7:30 am and 4:15 pm on Federal workdays. FOR FURTHER INFORMATION, CONTACT: Robert F. Radlinski at 301-415-3174 or by email , Chandu Patel at 301-415-3025 or email , or Sunil Weerakkody at 301-415-2870 or by email at . SUPPLEMENTARY INFORMATION: NRC Regulatory Issue Summary 2005-XX; Clarification of Post-Fire Safe- Shutdown Circuit Regulatory Requirements Addressees All holders of operating licenses for nuclear power reactors, except those who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel. Intent The U.S. Nuclear Regulatory Commission (NRC) is issuing this [[Page 25623]] regulatory issue summary (RIS) to clarify regulatory requirement issues associated with post-fire safe-shutdown circuit analyses and protection, particularly the requirements of Title 10 of the Code of Federal Regulations, Part 50 (10 CFR 50), Appendix R, which have been interpreted by licensees in a manner that is not consistent with regulatory expectations. The industry and NRC regional inspectors have requested clarification of regulatory expectations with respect to post-fire safe-shutdown circuits. In addition, clarification of these requirements will assist licensees in evaluating the transition to a risk-informed performance-based fire protection program. Three terms are to be addressed in this RIS: ``any-and-all'' (with respect to spurious actuations), ``associated circuits,'' and ``emergency control station.'' Clarification of the term ``one-at-a- time'' (with respect to spurious actuations) will be provided in a separate generic communication. For each term addressed, this RIS identifies the applicable NRC regulatory requirement, provides the regulatory expectation with respect to the requirement, and specifies one acceptable approach to achieving regulatory compliance. Attachment 1 to this RIS provides additional discussion that explains the basis for the regulatory expectations, including a discussion of the various ways in which each term or phrase has been interpreted by stakeholders. This RIS also gives the staff's views on the use of Nuclear Energy Institute (NEI) guidance document NEI 00-01, ``Guidance for Post-Fire Safe Shutdown Circuit Analysis,'' Revision 1 (ML050310295), in complying with Appendix R. The deterministic methodology presented in NEI 00-01, in conjunction with the guidance in this RIS, is one acceptable approach to achieving regulatory compliance with post-fire safe-shutdown circuit protection requirements. Note that RIS 2004-03, Revision 1, ``Risk-Informed Approach for Post-Fire Safe-Shutdown Circuit Inspections'' (ML042440791) provides guidance on conducting risk-informed circuit inspections, whereas this RIS clarifies the regulatory requirements for compliance with Appendix R. This RIS requires no action or written response on the part of an addressee. Background Information The regulatory requirements regarding post-fire safe shutdown are contained in 10 CFR 50.48 and 10 CFR Part 50, Appendix A, General Design Criterion (GDC) 3. Additionally, all nuclear power plants (NPPs) licensed to operate prior to January 1, 1979, are required to comply with 10 CFR Part 50, Appendix R, Section III.G, ``Fire Protection of Safe Shutdown Capability.'' All NPPs licensed to operate after January 1, 1979, were evaluated against Section 9.5.1 of NUREG-0800, Standard Review Plan (SRP). All NPP licensees are responsible for meeting fire protection and license condition commitments made during the establishment of their fire protection program. The objective of the fire protection requirements and guidance is to provide reasonable assurance that one train of systems necessary to achieve and maintain hot shutdown is free of fire damage. This includes protecting circuits whose fire-induced failure could prevent the operation, or cause maloperation, of equipment necessary to achieve and maintain post-fire safe-shutdown. As part of its fire protection program, each licensee performs a circuit analysis to identify these circuits and to provide adequate protection against fire-induced failures. Beginning in 1997, the NRC staff noticed that a series of licensee event reports (LERs) identified plant-specific problems related to potential fire-induced electrical circuit failures that could prevent operation or cause maloperation of equipment necessary to achieve and maintain hot shutdown. The staff documented these problems in Information Notice 99-17, ``Problems Associated With Post-Fire Safe- Shutdown Circuit Analysis.'' Based on the number of similar LERs, the NRC treated the issue generically. In 1998, the NRC staff started to interact with interested stakeholders in an attempt to understand the problem and develop an effective risk-informed solution to the circuit analysis issue. NRC also issued Enforcement Guidance Memorandum (EGM) 98-002, Revision 2 (ML003710123), to provide a process for treating inspection findings while the issues were being clarified. Due to the number of different stakeholder interpretations of the regulations, the NRC decided to temporarily suspend the associated circuit portion of fire protection inspections. This decision is documented in an NRC memorandum from John Hannon to Gary Holahan dated November 29, 2000 (ML003773142). In 2001 the Electric Power Research Institute (EPRI) and NEI performed a series of cable functionality fire tests to further the nuclear industry's knowledge about the nature and characteristics of fire-induced circuit failures, particularly the potential for spurious equipment actuations initiated by hot shorts. The Electric Power Research Institute (EPRI) coordinated this effort and issued the final report, ``Spurious Actuation of Electrical Circuits Due to Cable Fires: Results of an Expert Elicitation'' (Report No. 1006961, May 2002).\1\ The results of the testing were considered in the preparation of NEI 00-01. ----------------------------------------------------------------- ---------- \1\ Additional analysis of the EPRI/NEI test results can be found in NUREG/CR-6776, ``Cable Insulation Resistance Measurements Made During Cable Fire Tests,'' which can be accessed on the NRC's public Web site. ----------------------------------------------------------------- ---------- Over the past 5 years, the industry and the staff have worked together to gain a better understanding of possible and probable modes of circuit failures. This work has included numerous meetings and facilitated public workshops. Based on this work the staff has identified circuit configurations that are likely to fail in the event of a fire and circuit configurations that have little or no likelihood of failing. The results of this work are reflected in RIS 2004-03 and in the revised inspection procedures. Inspection of fire-induced safe- shutdown circuits was resumed in January 2005. The issues clarified in this RIS were discussed in an NRC public meeting on October 14, 2004, in Atlanta, GA (Summary of October 2004 Public Meeting on Fire Protection in Atlanta, ML043290020). The clarifications in this RIS have considered the comments provided by stakeholders during the October meeting and subsequent to the meeting. Summary of Issue Although the NRC has issued a number of guidance documents to assist licensees in assuring compliance with fire protection requirements, certain terms related to post-fire safe-shutdown circuit analysis have been interpreted differently by stakeholders or in a manner inconsistent with our regulatory expectations/requirements. In accordance with SECY-99-143, ``Revisions to Generic Communication Program,'' dated May 26, 1999 (ML992850037), the staff believes that a RIS is the appropriate regulatory vehicle to address this need for additional clarification. This RIS clarifies terms related to post-fire safe-shutdown circuits to help a licensee understand the staff's expectations with respect to regulatory requirements. The variety of interpretations of the terms addressed in this RIS is due in part to the previous lack of knowledge regarding the potential for certain types of circuit failure mechanisms. The cable fire tests performed by EPRI/NEI [[Page 25624]] significantly increased the body of knowledge available to the industry and the NRC with respect to fire-induced circuit failures and their potential to cause spurious actuations that could impact post-fire safe shutdown. The staff positions presented in this RIS are justified based on the potential safety significance of these issues and on compliance with the current regulations applicable to these circuits. The staff positions are also consistent with the National Fire Protection Association (NFPA) industry consensus standard NFPA 805, ``Performance- Based Standard for Fire Protection for Light Water Reactor Electric Generating Plants,'' 2001 Edition, as they relate to deterministic- based fire protection program features. The positions presented in this RIS describe the bases for compliance with the current deterministic regulations applicable to post-fire safe-shutdown circuits. With the issuance of 10 CFR 50.48(c), licensees have the alternative of adopting a fire protection licensing basis which allows the use of risk-informed, performance-based methods to address program features that do not comply with the deterministic regulations. In accordance with 10 CFR 50.12 and 10 CFR 50.90, licensees may also submit exemption requests or license amendment requests for NRC's consideration where deviations from the regulatory requirements can be adequately justified for a plant-specific condition. The deterministic methodology in NEI 00-01, Chapter 3, for analysis of post-fire safe-shutdown circuits, in conjunction with the guidance provided in this RIS, is one acceptable approach to achieving regulatory compliance with post-fire safe-shutdown circuit protection requirements. The risk significance analysis methodology provided in Chapter 4 of NEI 00-01 should not be applied as a basis for regulatory compliance except where an NFPA 805 licensing basis has been adopted in accordance with 10 CFR 50.48(c). Risk-informed or performance-based methodologies which use the methods and information provided in NEI 00- 01 (e.g., Chapter 4 and Appendix B-1) may also be used to support exemption requests for plants that have not adopted an NFPA 805 licensing basis. Furthermore, regardless of the plant licensing basis, the NRC endorses the NEI 00-01 guidance that ``all failures deemed to be risk significant, whether they are clearly compliance issues or not, should be placed in the plant Corrective Action Program with an appropriate priority for action.'' The remaining sections of NEI 00-01 provide acceptable circuit analysis guidance on both the deterministic approach and the risk-informed, performance-based approach. The phrase ``one-at-a-time,'' as used to characterize fire-induced hot shorts that cause spurious actuations that could impact safe shutdown has been interpreted in a number of different ways. However, since the staff position on the regulatory basis for this phrase may be considered a new staff position by some stakeholders, the staff position on this phrase will be handled in a separate generic communication. Three terms are to be addressed in this RIS: ``any-and-all'' (with respect to spurious actuations), ``associated circuits,'' and ``emergency control station.'' The discussion for each term includes a summary description of the regulatory requirement, a statement of the NRC staff position and a method to achieve compliance. A more detailed discussion of the staff's positions is contained in the Attachment. Any-and-All A. NRC Regulatory Requirement--Paragraph III.G.2 of Appendix R states that ``cables or equipment, including associated non-safety circuits that could prevent operation or cause maloperation due to hot shorts, open circuits, or shorts to ground, of redundant trains of systems necessary to achieve and maintain hot shutdown conditions'' must be protected. B. NRC Staff Position--The requirement to protect against ``any- and-all'' spurious actuations is implicit in Paragraph III.G.2. Post- fire safe-shutdown circuit analyses should address any-and-all possible failures and combinations of multiple failures caused by spurious actuations resulting from fire-induced circuit failures in redundant systems in areas in which the failures could impact safe shutdown (III.G.2 areas). The requirement to protect against ``any-and-all'' possible failures includes, for example, the requirement to protect against a possible failure of a motor operated valve as a result of a fire- induced spurious signal that could override the valve motor's protective features, causing valve failure, where such fire-induced valve damage could impair the capability to shut down the plant and maintain it in a safe-shutdown condition. C. Method To Achieve Compliance--The staff position described above with respect to the term ``any-and-all'' is consistent with the circuit analysis approach described in NEI 00-01, Revision 1. The deterministic methodology presented in Chapter 3 and Appendix B of NEI 00-01, in conjunction with the guidance provided in this RIS, is one acceptable approach to achieving regulatory compliance with respect to the application of the term ``any-and-all.'' Further discussion of the staff's position on this issue is contained in the Attachment. Associated Circuits A. NRC Regulatory Requirement--Appendix R, Section III.G.2, states: ``Except as provided for in paragraph G.3 of this section, where cables or equipment, including associated non-safety circuits that could prevent operation or cause maloperation due to hot shorts, open circuits, or shorts to ground, of redundant trains of systems necessary to achieve and maintain hot shutdown conditions are located within the same fire area outside of primary containment, one of the following means of ensuring that one of the redundant trains is free of fire damage shall be provided * * *'' B. NRC Staff Position--Any-and-all cables that could cause maloperation of redundant trains in a III.G.2 area due to fire-induced hot shorts must be protected. Unless approved by the NRC, post-fire safe-shutdown circuit analyses may not credit operator manual actions (under current regulations for plants that have not adopted an NFPA 805 licensing basis) for protection against spurious actuations caused by fire-induced failure of circuits associated with a redundant safe shutdown train located in a III.G.2 area. The requirement to protect ``associated'' circuits includes a requirement to protect against circuits that are themselves not directly required to perform safe-shutdown function but which could cause a spurious actuation that could impact safe shutdown. Therefore, operator manual actions may not be credited for such circuits. C. Method To Achieve Compliance--The deterministic methodology presented in Chapter 3 and Appendix B of NEI 00-01, in conjunction with the guidance provided in this RIS, is one acceptable approach to achieving regulatory compliance with respect to the application of the term ``associated circuit''. The NEI 00-01 approach to identifying circuits that must be protected and to protecting those circuits is consistent with the NRC position on this issue. Further discussion of the staff's position on this issue is contained in the Attachment. [[Page 25625]] Emergency Control Station A. NRC Regulatory Requirement--10 CFR Part 50, Appendix R, Section I, ``Introduction and Scope,'' states: ``One train of equipment necessary to achieve hot shutdown from either the control room or emergency control station(s) must be maintained free of fire damage by a single fire, including an exposure fire.'' Paragraph III.G.1.a of Appendix R also refers to emergency control stations. B. NRC Staff Position--III.G.1 protection for redundant safe- shutdown systems may not be claimed for redundant systems in a III.G.2 area by crediting an operator manual action at an emergency control station. Unless alternative or dedicated shutdown capability is provided, redundant circuits credited for post-fire safe shutdown and located in the same fire area must be protected in accordance with III.G.2 without the use of emergency control stations of any kind. C. Method To Achieve Compliance--The deterministic methodology presented in Chapter 3 and Appendix B of NEI 00-01, in conjunction with the guidance provided in this RIS, is one acceptable approach to achieving regulatory compliance with respect to the application of the term ``emergency control station.'' NEI 00-01 refers to the regulations, the plant licensing basis, and NRC approvals for guidance on this issue. The NEI guidance document also includes the NRC position on this issue without commenting on the position. Further discussion of the staff's position on this issue is contained in the Attachment. Backfit Discussion Some inspectors have not challenged alternative licensee interpretations of the regulatory requirements mentioned in this RIS. However, as stated in NUREG-1409, ``Backfitting Guidelines,'' if a determination is made that action is needed to bring the licensee back into compliance with the regulations, no backfit analysis is required. Section 3.3(1) of NUREG-1409 states that ``simply not challenging a licensee's practice would not be considered tacit approval.'' Since this RIS does not change any staff position on the terms addressed herein and does not require an action or written response from licensees, this RIS is not a backfit under 10 CFR 50.109. Consequently, the staff did not perform a backfit analysis. Federal Register Notification The subject matter of this RIS was discussed on October 14, 2004, at a public meeting in Atlanta, Georgia. Stakeholder feedback was considered in developing the final version of this RIS. In addition, a notice of opportunity for public comment on this RIS will be published in the Federal Register. Small Business Regulatory Enforcement Fairness Act of 1996 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 OMB. Paperwork Reduction Act Statement This RIS does not contain information collections and, therefore, is not subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Contact Please direct any questions about this matter to the technical contact(s) or the Lead Project Manager listed below, or to the appropriate Office of Nuclear Reactor Regulation (NRR) project manager. Patrick L. Hilland, Chief, Reactor Operations Branch, Division of Inspection Program Management, Office of Nuclear Reactor Regulation. Technical Contact: Bob Radlinski, NRR/DSSA/SPLB, 301-415-3174. E- mail: . Lead Project Manager: Chandu Patel, NRR/DLPM, 301-415-3025. E-mail: . Note: NRC generic communications may be found on the NRC public Web site, , under Electronic Reading Room/Document Collections. Attachment 1--Discussion of Regulatory Expectations Post-Fire Safe- Shutdown Circuit Analysis The following discussion provides the background of each of the terms that have been clarified by the RIS. This background discussion identifies the various interpretations that have been applied to the terms and notes the regulatory position and the basis for that position for each interpretation. Any-and-All Appendix R, paragraph III.G.2, does not identify any exceptions to the type of post-fire safe-shutdown circuit failures that must be protected against in accordance with III.G.2. However, Generic Letter 86-10 (response to Question 5.3.1) describes two specific exceptions to the circuit evaluation requirement of ``all possible functional failure states.'' These two exceptions are (1) three-phase hot shorts in proper sequence and (2) more than two hot shorts of the proper polarity in ungrounded DC circuits (the response does not allow either of these exceptions to be applied to high/low pressure interfaces). Since these two exceptions were not characterized in GL 86-10 as examples of exceptions, they are the only exceptions allowed by GL 86-10 to the type of post-fire safe-shutdown circuit failures that must be protected against in accordance with III.G.2. Furthermore, it is generally agreed that for a deterministic approach to fire protection, such as that required by Appendix R, a fire is assumed to damage all circuits and equipment in the fire area under consideration. Therefore, any-and-all other post-fire safe-shutdown circuits must be protected in accordance with III.G.2 (unless an alternative or dedicated shutdown system is provided in accordance with III.G.3). One industry challenge to the ``any-and-all'' scope of circuit failures defined by Appendix R and GL 86-10 was presented to the NRC in a letter from R.E. Beedle of NEI dated January 14, 1997, to F.J. Miraglia, Jr. of the NRC and in a letter from D.J. Modeen of NEI dated May 30, 1997, to L. B. Marsh of the NRC. These letters were in response to Information Notice 92-18, ``Potential for Loss of Remote Shutdown Capability During a Control Room Fire'' (IN 92-18). The letters stated the industry's position on the possible failure of motor operated valves as a result of a fire-induced spurious signal that could override the valve motor's protective features, causing valve failure. Although the industry agreed that IN 92-18 describes a credible failure and that some licensees had addressed this failure mechanism in response to IN 92-18, the industry's position on this type of failure is that it is highly improbable and does not warrant consideration. The NRC position on this issue, as noted in IN 92-18, is that such fire-induced valve damage could impair the capability to shut down the plant and maintain it in a safe-shutdown condition. In addition, in Regulatory Guide 1.106, ``Thermal Overload Protection for Electric Motors on Motor-Operated Valves'' (RG 1.106), the staff had stated that if thermal overload protection devices are bypassed, it is important to ensure that the bypassing does not jeopardize the completion of the safety function or degrade other safety systems because of any sustained abnormal circuit currents that may be present. Following the January 14, 1997, letter from NEI, a public meeting was held on [[Page 25626]] February 7, 1997, in which the NRC staff discussed with NEI the questions and comments in NEI's letter. Following the meeting, an NRC letter was sent from S.J. Collins dated March 11, 1997, to R.E. Beedle of NEI to further document and clarify the NRC's position on this issue. During the meeting and in the followup letter the staff stated that the safety issue addressed in IN 92-18 does not represent a new staff position and is within the scope of the existing fire protection regulation. Consequently, fire-induced failure, whether direct (failure to perform a safe-shutdown function) or indirect (maloperation that impacts safe shutdown), of a motor-operated valve that is required for post-fire safe shutdown must be addressed. The May 30, 1997, letter response from NEI did not result in a change to the NRC's original position. The second NEI letter also questioned whether the potential risk is applicable to fires in areas other than the control room since IN 92-18 identified a potential failure resulting from a control room fire. Regulatory requirements do not identify any exceptions for fires in other areas of the plant. Consequently, if the mechanistic failure of a motor-operated valve, as described in IN 92-18, can be caused by the fire-induced failure of an electrical circuit and prevent safe shutdown, the circuit must be protected. Where a licensee can make a case that this type of failure is possible but not safety significant in a specific fire area, the licensee can apply for an exemption or adopt a licensing basis in accordance with 10 CFR 50.48(c) and address the issue in accordance with this rule. Associated Circuits The Appendix R requirement to protect circuits from the effects of fire does not exempt any type of circuits and specifically mentions nonsafety circuits to emphasize that all circuits whose fire-induced failure could prevent safe shutdown must be protected from the effects of fire, even nonsafety circuits. The term ``associated circuit'' has been used to identify circuits that are not directly required to perform a safe-shutdown function (e.g., the control circuit cable to a pump suction valve that is normally in the correct position for post- fire shutdown) but must also not cause a spurious actuation that could impact safe shutdown. However, no distinction is made in Appendix R between circuits whose failure could directly affect safe shutdown and those whose failure could indirectly affect safe shutdown (e.g., by causing spurious actuations). Note that the term ``associated circuits'' has a different connotation in Regulatory Guide 1.75, ``Criteria for Independence of Electrical Safety Systems,'' than it does for fire protection. Regulatory Guide 1.75 defines ``associated circuits'' as ``non-safety- related circuits that are not physically separated or not electrically isolated from safety-related circuits by acceptable separation distance, safety class structures, barriers, or isolation devices.'' The ``associated circuits'' in Appendix R include both safety-related and non-safety-related circuits. Post-fire safe-shutdown capability is distinctly different from, and credits operability of different equipment than the safety-related equipment required for emergency shutdown of a nuclear power plant. In 1981, the NRC issued Generic Letter (GL) 81-12, ``Fire Protection Rule'' (45 FR 76602, November 19, 1980), to clarify and provide guidance on alternative and dedicated shutdown systems. Enclosure 2 of GL 81-12 gives the following definition of associated circuits (called ``associated circuits of concern'') as they relate to alternative and dedicated shutdown systems: ``In evaluating alternative shutdown methods, associated circuits are circuits that could prevent operation or cause maloperation of the alternative train which is used to achieve and maintain hot shutdown condition due to fire induced hot shorts, open circuits or shorts to ground.'' The NRC provided additional guidance on alternative and dedicated shutdown systems in a followup memorandum of March 22, 1982, from R.J. Mattson to Darrell G. Eisenhut (ML050140137). This memorandum, which was made publically available, defined associated circuits of concern as follows: Associated Circuits of Concern are defined as those cables (safety related, non-safety related, Class 1E, and non-Class 1E) that: 1. Have a physical separation less than that required by Section III.G.2 of Appendix R, and; 2. Have one of the following: a. A common power source with the shutdown equipment (redundant or alternative) and the power source is not electrically protected from the circuit of concern by coordinated breakers, fuses, or similar devices, or b. A connection to circuits of equipment whose spurious operation would adversely affect the shutdown capability (e.g., RHR/RCS isolation valves, ADS valves, PORVs, steam generator atmospheric dump valves, instrumentation, steam bypass, etc.), or c. A common enclosure (e.g., raceway, panel, junction) with the shutdown cables (redundant and alternative) and, (1) Are not electrically protected by circuit breakers, fuses or similar devices, or (2) Will allow propagation of the fire into the common enclosure. As noted above, these definitions of associated circuits were presented in the context of alternative and dedicated shutdown systems and apply to the specific categories of circuits specified in the definitions. The industry has also used the term ``associated'' to refer to a larger category of circuits that includes all post-fire safe-shutdown circuits that have the potential to cause spurious operations that could prevent or adversely affect safe shutdown. This broader definition of associated circuits has caused confusion about the protection required for post-fire safe-shutdown circuits. The Mattson/Eisenhut memorandum of March 1982 and Regulatory Guide 1.189, ``Fire Protection for Operating Nuclear Power Plants,'' noted acceptable methods for mitigating spurious actuations, including operator manual actions. However, these methods are only applicable to alternative and dedicated shutdown systems and they do not comply with regulations for protection of post-fire safe-shutdown circuits in III.G.2 areas. The NRC has specifically noted in correspondence with licensees that ``it is essential to remember that these alternative requirements (i.e., III.G.3 and III.L) are not deemed to be equivalent * * * '' to III.G.2 protection. The examples of equipment identified in the above definition belong to a specific category of systems and components that does not include redundant shutdown components and systems. Redundant safe-shutdown systems are defined in the response to Question 3.8.3 in GL 86-10 as follows: ``If the system is being used to provide its design function, it generally is considered redundant. If the system is being used in lieu of the preferred system because the redundant components of the preferred system do not meet the separation criteria of paragraph III.G.2, the system is considered an alternative shutdown capability.'' The GL 81-12 definition of associated circuits specifically refers to both redundant and alternative shutdown trains with respect to circuits associated by common enclosures and common power supplies (2.a and 2.c above), but does not mention redundant systems with respect to circuits associated by spurious actuation (2.b above). The examples given in GL 81- [[Page 25627]] 12 for components that could spuriously actuate and affect the safe- shutdown capability are not components of normal redundant safe- shutdown systems (the RHR/RCS isolation valves are in a normal redundant safe-shutdown system, but the post-fire function of these valves is to prevent a loss-of-coolant accident). These components were included in the definition as possible alternative shutdown components. The response to Question 5.3.8 of GL 86-10 allows operators to clear multiple high-impedance faults by manual breaker trips governed by written procedures. This question and response apply to a unique set of circuits associated with redundant safe-shutdown systems by virtue of having a common power supply where multiple high impedance faults could cause a loss of that power supply to the safe-shutdown equipment. The response references III.G.2 areas and allows operator manual action to mitigate the fault. Some licensees have interpreted this response to imply that the regulations allow them to credit operator manual actions in III.G.2 areas for any associated circuit, including circuits whose failure could cause spurious actuations. However, multiple high- impedance faults are not the same as spurious actuation faults. Consequently, this response does not provide a basis for crediting operator manual actions for mitigation of spurious actuations. The reference to III.G.2 in the GL 86-10 Question 5.3.8 response is recognition that a high-impendence fault could affect a redundant shutdown train located in a III.G.2 area and does not imply that manual actions may be credited in these areas for other types of faults. It is also important to note that the questions and responses in GL 86-10 are under the heading Alternative and Dedicated Shutdown Capability. Therefore it is not appropriate to apply the guidance provided by this response to the protection of spurious actuation circuit faults for redundant safe-shutdown systems in III.G.2 areas of the plant. The staff position on associated circuits presented in this RIS is consistent with Section 9.5.1 of the SRP, which distinguishes between ``associated circuits'' and ``associated circuits of concern'' by giving a separate definition for each. Associated circuits are defined as ``circuits within a fire area that may be subject to fire damage that can affect or prevent post-fire safe shutdown capability.'' Associated circuits of concern are defined as ``those cables (safety- related, non-safety-related Class 1E and non-Class 1E) that do not meet fire separation requirements and have (1) a common power source with the safe shutdown equipment, (2) a connection to circuits for equipment whose spurious operation could adversely affect safe shutdown, or (3) a common enclosure with safe shutdown circuits.'' This section of the SRP also states: ``Manual actions may not be credited in lieu of providing the required separation of redundant systems or associated circuits located in the same fire area unless alternate, dedicated, or backup shutdown capability is provided.'' To summarize, circuits that are associated with the operation of credited redundant post-fire safe-shutdown systems in accordance with III.G.2 such as ``cables or equipment, including associated non-safety circuits that could prevent operation or cause maloperation due to hot shorts, open circuits, or shorts to ground, of redundant trains of systems necessary to achieve and maintain hot shutdown conditions'' must be protected in accordance with III.G.2 and operator manual actions may not be credited for III.G.2 redundant train circuits under regulations for plants that have not adopted an NFPA 805 licensing basis (except through staff-approved exemptions for specific manual actions). This staff position was reiterated in a May 16, 2002, NRC letter from J. N. Hannon to A. Marion of NEI (ML021410026). Committee To Review Generic Requirements (CRGR) Meeting Minutes No. 367 (ML021750218) noted that this letter does not contain any new staff positions. This staff position is also supported by the results of the EPRI/ NEI fire testing. The distinction between associated circuits and other safe-shutdown circuits has been used as a basis for addressing hot shorts and spurious actuations that could prevent safe shutdown by crediting operator manual actions to maintain redundant safe-shutdown trains free of fire damage. The tests demonstrated that operator manual actions may not be practical or possible for the required mitigation between multiple spurious actuations since there may not be sufficient time to take action. To clarify this issue for all stakeholders, future NRC documentation related to post-fire safe-shutdown circuits will not distinguish between associated circuits and other post-fire safe- shutdown circuits, except for alternative and dedicated shutdown systems as defined by GL 81-12. RIS 2004-03, ``Risk-Informed Approach for Post-Fire Safe-Shutdown Associated Circuit Inspections'' (ML040620400), has been revised and reissued as RIS 2004-03, Revision 1, ``Risk-Informed Approach for Post-Fire Safe-Shutdown Circuit Inspections'' (ML042440791), to eliminate this distinction in inspection guidance. NFPA 805 uses a similar approach, noting that any circuit whose function or absence of malfunction, including circuits whose failure can cause a spurious actuation, is required for safe shutdown and should be protected from fire. Emergency Control Station The term ``emergency control station'' has not been clearly defined and it has not been used consistently by the industry. The term was most recently defined in Regulatory Guide 1.189 as a ``location outside the main control room where actions are taken by operations personnel to manipulate plant systems and controls to achieve safe shutdown of the reactor.'' However, this definition does not tell what type of hardware is considered an emergency control station, a control panel with multiple functions or a single device such as a valve or breaker. The definition also does not indicate the number of emergency control stations that are considered reasonable and acceptable to maintain a single train free of fire damage. Since Appendix R did not require post-fire protection of automatic functioning of systems, manual actions may be credited to maintain a train free of fire damage in accordance with III.G.1, as noted in an NRC memorandum of July 2, 1982, from R. J. Mattson to R. H. Vollmer (ML050140106). This memorandum, which was made public, notes that for III.G.1 areas, ``manual operation of valves, switches and circuit breakers is allowed to operate equipment and isolate systems and is not considered a repair.'' This allowance for manual operation of individual devices for III.G.1 areas has led to the interpretation that emergency control stations include individual valves, switches, and circuit breakers. The interpretation of emergency control station to include individual devices has been used by some licensees as a basis for substituting operator manual actions for the protection of redundant safe-shutdown trains located in the same fire area. This industry position is that if operator manual actions can restore a post-fire safe-shutdown train to a free-of-fire-damage condition, the criteria for a III.G.1 level of protection have been met and therefore even where redundant trains are located in the same fire area, the [[Page 25628]] protection requirements of III.G.2 are not applicable. During an NRC internal meeting on May 7, 1986, to discuss SECY-85-306, ``Appendix R, Post-Fire Safe Shutdown'' (ML050140123), one staff member voiced this industry position. In that meeting, the NRC Office of the Executive Legal Director (now Office of General Counsel) confirmed that the line of reasoning proposed is only applicable to licensees that have requested and received an exemption, as this position does not meet regulatory requirements. These meeting minutes later became publicly available. The requirements of paragraph III.G.1 are not independent of the requirements of paragraph III.G.2 and the requirements are not necessarily progressive. Paragraph III.G.2 states: ``Except as provided for in paragraph G.3 of this section, where cables or equipment, including associated non-safety circuits that could prevent operation or cause maloperation due to hot shorts, open circuits, or shorts to ground, of redundant trains of systems necessary to achieve and maintain hot shutdown conditions are located within the same fire area outside of primary containment, one of the following means of ensuring that one of the redundant trains is free of fire damage shall be provided: * * * '' Consequently, unless alternative or dedicated shutdown capability is provided, redundant circuits credited for post- fire safe shutdown and located in the same fire area must be protected in accordance with III.G.2 without the use of emergency control stations of any kind. The regulatory requirement to provide either III.G.2 or III.G.3 protection was noted in GL 86-10 (response to Question 5.1.2). This staff position was reiterated in the May 16, 2002, letter from J. N. Hannon of the NRC to A. Marion of NEI (ML021410026), and Committee To Review Generic Requirements (CRGR) Meeting Minutes No. 367 (ML021750218) noted that this letter does not contain any new staff positions. This RIS does not give a precise definition of emergency control stations, but clarifies that, under the current regulations, manual actions may not be credited to claim that a III.G.2 area is a III.G.1 area. Where redundant trains are located in the same fire area and where an alternative shutdown capability is not provided, the protection required by III.G.2, including detection and suppression (where noted), must be provided. The operator manual actions rulemaking currently in process is expected to provide guidance to licensees on using operator manual actions to comply with III.G.2. In addition, licensees may address these issues by adopting a risk-informed, performance-based fire protection program in accordance with NFPA 805 and 10 CFR 50.48(c). End of Draft Regulatory Issue Summary Documents may be examined, and/or copied for a fee, at the NRC's Public Document Room at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and Management System (ADAMS) Public electronic reading room on the internet at the NRC Web site, . If you do not have access to adams or if you have problems in accessing the documents in adams, contact the NRC public document room (pdr) reference staff at 1-800-397-4209 or 301-415-4737 or by e-mail to . Dated at Rockville, Maryland, this 4th day of May 2005. For the Nuclear Regulatory Commission. Patrick H. Hiland, Chief, Reactor Operations Branch, Division of Inspection Program Management, Office of Nuclear Reactor Regulation. [FR Doc. E5-2377 Filed 5-12-05; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 15 Soviets Planned Nuclear First Strike to Preempt West, Documents Date: Fri, 13 May 2005 14:00:07 -0500 (CDT) National Security Archive Update, May 13, 2005 SOVIETS PLANNED NUCLEAR FIRST STRIKE TO PREEMPT WEST, DOCUMENTS SHOW Warsaw Pact Allies Resented Soviet Dominance and "Nuclear Romanticism" Bloc Saw Military Balance in West's Favor from 1970s On, Especially in Technology New Volume of Formerly Secret Records Published on 50th Anniversary of Warsaw Pact http://www.nsarchive.org For further information, contact Vojtech Mastny 202/415-6707 Malcolm Byrne 202/994-7043 Washington D.C. May 13, 2005 - The Soviet-led Warsaw Pact had a long-standing strategy to attack Western Europe that included being the first to use nuclear weapons, according to a new book of previously Secret Warsaw Pact documents published today. Although the aim was apparently to preempt NATO "aggression," the Soviets clearly expected that nuclear war was likely and planned specifically to fight and win such a conflict. The documents show that Moscow's allies went along with these plans but the alliance was weakened by resentment over Soviet domination and the belief that nuclear planning was sometimes highly unrealistic. Just the opposite of Western views at the time, Pact members saw themselves increasingly at a disadvantage compared to the West in the military balance, especially with NATO's ability to incorporate high-technology weaponry and organize more effectively, beginning in the late 1970s. These and other findings appear in a new volume published today on the 50th anniversary of the founding of the Warsaw Pact. Consisting of 193 documents originating from all eight original member-states, the volume, "A Cardboard Castle? An Inside History of the Warsaw Pact, 1955-1991," provides significant new evidence of the intentions and capabilities of one of the most feared military machines in history. The new collection of documents published today is the first of its kind in examining the Warsaw Pact from the inside, with the benefit of materials once thought to be sealed from public scrutiny in perpetuity. It was prepared by the Parallel History Project on NATO and the Warsaw Pact (PHP), an international scholarly network formed to explore and disseminate documentation on the military and security aspects of contemporary history. The book appears as part of the "National Security Archive Cold War Reader Series" through Central European University Press. On Saturday, May 14, a book launch for "A Cardboard Castle?" will take place in Warsaw at the Military Office of Historical Research. The address is: 2, ul. Stefana Banacha, Room 218. It will begin at 11:30 a.m. Speakers include: - Gen. William E. Odom, former Director, U.S. National Security Agency - Gen. Tadeusz Pioro, senior Polish representative to the Warsaw Pact - Brig. Gen. Leslaw Dudek, Polish representative to the alliance - Prof. dr. hab. Andrzej Paczkowski, Polish Academy of Sciences - Dr hab. Krzysztof Komorowski, Military Office of Historical Research - Prof. dr hab. Wojciech Materski, Polish Academy of Sciences Ten representative documents from the new volume were published today on the Web site of the National Security Archive: http://www.nsarchive.org The documents in their original languages can be found in their entirety on the Center for Security Studies website: http://www.isn.ethz.ch/php/collections/coll_wapa.htm ________________________________________________________ THE NATIONAL SECURITY ARCHIVE is an independent non-governmental research institute and library located at The George Washington University in Washington, D.C. The Archive collects and publishes declassified documents acquired through the Freedom of Information Act (FOIA). A tax-exempt public charity, the Archive receives no U.S. government funding; its budget is supported by publication royalties and donations from foundations and individuals. _________________________________________________________ PRIVACY NOTICE The National Security Archive does not and will never share the names or e-mail addresses of its subscribers with any other organization. Once a year, we will write you and ask for your financial support. We may also ask you for your ideas for Freedom of Information requests, documentation projects, or other issues that the Archive should take on. We would welcome your input, and any information you care to share with us about your special interests. But we do not sell or rent any information about subscribers to any other party. _________________________________________________________ TO UNSUBSCRIBE FROM THE LIST You may leave the list at any time by sending a "SIGNOFF NSARCHIVE" command to . You can also unsubscribe from the list anytime by using the following link: ***************************************************************** 16 Did US torpedo the Russian submarine? Date: Fri, 13 May 2005 18:34:07 -0700 From: jblankfort@earthlink.net Subject: Did US torpedo the Russian submarine? Date: May 12, 2005 7:10:07 PM PDT To: undisclosed-recipients: ; US 'torpedoed Kursk nuclear sub' Daniel Stacey, London May 09, 2005 The Australian http://www.theaustralian.news.com.au/common/story_page/ 0,5744,15220443%255E2 703,00.html A FORMER British military official has backed a sensational claim that the Russian nuclear submarine, the Kursk, was torpedoed by US forces in August 2000. An official inquest concluded that the disaster - in which all 118 crew drowned in the Barents Sea, 135km off the Russian coast - was caused by an accidental explosion of an onboard torpedo. But Maurice Stradling, a former torpedo engineer and a key figure in the original investigation, believes a new French documentary, The Kursk: A Submarine in Troubled Waters, should change world opinion on the sinking. "On the balance of probabilities, the Kursk was sunk by an American MK-48 torpedo," said Mr Stradling, formerly a senior member of the British Defence Ministry. BBC editor Nick Fraser called the claim a "pack of lies" and has refused to air the documentary, which attracted a record audience of more than 4 million when it screened on French TV. The BBC used Mr Stradling as its main authority for a documentary it made in 2001 - What Sank the Kursk?, in which Mr Stradling theorised that the sinking was caused by the malfunctioning of an old-fashioned HTP torpedo. Mr Stradling, who also appears in the new French documentary, said: "At the time (2001), that was a perfectly reasonable film, given the facts as we knew them then, when there seemed to be no third-party involvement," The new explanation for the Kursk's downing is based on film footage of a hole in the side of the vessel, and evidence placing US submarines in the area at the time it was sunk. The French film shows stills of the Kursk raised above the water after being salvaged, with a precise circular hole in its right side. The hole clearly bends inwards, consistent with an attack from outside the submarine. A US military source in the documentary declares the hole to be the trademark evidence of an American MK-48 torpedo, which is made to melt cleanly through steel sheet due to a mechanism at its tip that combusts copper. The film suggests the attack happened while two US submarines, the Toledo and Memphis, were shadowing the Kursk in a routine military exercise. The documentary says the Toledo accidentally collided with the Kursk, at which point the Russian submarine opened its torpedo tubes, leading to an attack from the Memphis, which was protecting the damaged Toledo while it retreated. The cause of the sinking was covered up at the time in an act of diplomacy between then US presidents Bill Clinton and Russian President Vladimir Putin - a deal that included the cancellation of $US10 billion ($12.5 billion) of Russian debt, the film states. After the documentary received its only public broadcast in Britain, some claimed the Russian navy had drilled the hole and fed doctored footage to the film-makers to create a false impression. ***************************************************************** 17 INSIDE JoongAng Daily: World watches 1 tunnel of 8,200 in North May 14, 2005 ¤Ń Following reports on North Korea's activities at a tunnel near its northeastern city of Kilju, which is viewed by some intelligence analysts as a possible nuclear weapons test site, South Korean sources said yesterday the North has many such underground facilities. Intelligence sources in Seoul estimate that North Korea has 8,200 such tunnels nationwide, with a total length of 547 kilometers (340 miles). A South Korean businessman who visited Pyongyang recently for an economic project told the JoongAng Ilbo he had seen thousands of laborers and soldiers disappearing into a tunnel between the city center and Sunan Airport. He said South Korean intelligence officials told him after his return that the tunnel may be an entrance to an underground munitions factory. Beginning in the late 1990s, Pyongyang started moving major military supply factories underground, the sources said. The North even built a tunnel penetrating a small mountain to contain part of an Air Force runway, they noted. "South Korea and the United States have been closely monitoring these underground facilities for the past 10 years," an intelligence official said. "When we see unusually busy activities, such as large amounts of dirt being piled up, then we pay even more attention." North Korea has already gained significantly from the facilities. In 1998, after U.S. spy satellites detected that thousands of soldiers were working at Kumchang-ri in North Pyongan province, the United States, suspecting it was a nuclear facility, offered Pyongyang 600,000 tons of rice in return for surveying the site. The inspectors found nothing but empty tunnels. The underground facilities are maintained at a high cost, the officials said, noting that many were built in the 1970s and have fraying electrical systems. As a result, efficiency is extremely low, with about 30 percent of power lost during transmission, the South's Unification Ministry said. Meanwhile, Ko Young-koo, head of the National Intelligence Service, rejected international speculation that the North was preparing an underground nuclear test. At a closed-door briefing yesterday to lawmakers on the intelligence committee, Mr. Ko said South Korea and the United States had been monitoring Kilju in North Hamkyong province since the late 1990s. Lawmakers quoted Mr. Ko as saying no evidence has emerged that the North is preparing a nuclear test. He said previous reports that North Korea had built a viewing tower and filled up the tunnels ˇŞ possible preparations for a nuclear test ˇŞ were incorrect. by Lee Young-jong, Kim Jung-wook myoja@joongang.co.kr> Copyright by Joins.com, Inc. Terms of Use | ***************************************************************** 18 Spectrum: Downwinders need answers while there is still time Editorials St. George - www.thespectrum.com Friday, May 13, 2005 A report issued by the National Academy of Science about the effects of the nuclear testing that took place at the Nevada Test Site does little to answer the questions of what happened and, most importantly, how many lives were lost or seriously altered by the effect of the blasts. One part of the report suggests that more scientific research is needed to determine who should and who should not be compensated for illnesses suffered from nuclear fallout. Another part of the report states that breathing or swallowing radioactive iodine originating in contaminated milk was the most significant pathway to radioactive exposure. Yet a third part of the report concludes that there are "substantial gaps in existing data and other factors" related to the research. In summary, however, the NAS report recommends that the number of diseases compensated by the federal government should not be expanded beyond the current 18, but that the Centers for Disease Control and the National Cancer Institute should complete national dose estimates for all fallout radioactivity, not just Iodine 131, that fell, according to the report, on every county in the nation. The NCI has already determined that there are as many as 212,000 cases of thyroid cancer that could have been caused by fallout exposure. No number is pegged to the 17 other types of cancer that currently qualify for compensation, although the NCI also recently released a study about the number and types of cancer found in the Marshall Islands where 66 nuclear weapons were detonated from 1946-1958. According to the NCI, 530 different cancers were caused by that fallout. And although the U.S. Senate, when it approved the Radiation Exposure Compensation Act in 1990, concluded that such radionuclides as Cesium 137 and Strontium 90 are responsible for some of the illnesses, the report failed to offer any significant information regarding the effects of those elements. The recent NAS report was issued, coincidentally, on the same day that the White House reasserted its commitment to research on a new generation of nuclear weapons - the so-called bunker buster bombs - and one day after the National Research Council concluded that these new weapons would not be any safer than the current nuclear arsenal and expose millions to radiation. In essence, what the NAS report does is buy time for the government and time is not a commodity the people who call themselves downwinders - those who suffered illness as a result of nuclear fallout - have. The longer the government takes to determine the effects of spraying countless Americans with poisonous fallout, the fewer survivors there will be to compensate for their sacrifice. The longer the government can stall on offering more information about the effects of radiation poisoning, the farther along the research and testing of this needless next generation of nukes is allowed to progress. The NAS report is nothing more than a smokescreen to cover the tracks of the government for killing thousands of innocent victims and paving the way for more of the same in the future. It's time for the people of this country to stand up and demand some answers before it's too late. Originally published May 13, 2005 Copyright ©2004 The Spectrum. All rights reserved. ***************************************************************** 19 AxisofLogic: Louisanna: Toxic Tours of Duty? Historic legislation would ensure uranium testing for local soldiers / U.S. Military www.axisoflogic.com By Jan Clifford May 13, 2005, 07:45 According to some military and science experts, the U.S. military has been using the equivalent of dirty bombs in the 1991 Persian Gulf War, Operation Iraqi Freedom and Operation Enduring Freedom; and the resulting contamination is biogenetically affecting U.S. and Iraqi soldiers and civilians and will continue to do so for generations to come. The Louisiana House of Representatives became the first legislative body in the nation to acknowledge the toxic effects of depleted uranium (DU) when it passed a bill on Tuesday that guarantees DU testing for war veterans as a medical benefit. The bill passed by a vote of 101-0. No state expenses will be incurred since the federal government subsidizes the $170 test. The bill will become law if passed by the state Senate and signed by Louisiana Gov. Kathleen Blanco. "The Army calls it the silver bullet. But the team that was assigned to go in and clean up after the first Gulf War was one hundred men," said Ret. Marine Corps Command Sgt. Maj. Bob Smith, who served three tours of duty in the elite Green Berets during the Vietnam War. "A third of them are already dead," he said. Smith is responsible for bringing the issue to the attention of House Rep. Jalila Jefferson. Jefferson enlisted House Rep. Juan LaFonta, who agreed to sponsor the bill. "Louisiana is very service friendly," LaFonta said. "We're concerned about our troops." During the Persian Gulf War in 1991, Army officials assembled a team to clean up the DU contaminated tanks and Bradley fighting vehicles. Most team members became sick within 48 hours, with the first cancers developing within nine months and first deaths from lung cancer within two years. Today, 14 years later, some veterans are still attempting to obtain medical testing and care, but say that military and Veterans Administration (VA) officials simply refuse to provide mandated services. Permanent contamination, impossible containment Many U.S. weapons, such as missiles, bombs, bullets, and tank shells contain DU, and act as "kinetic energy penetrators" that ignite during flight, and break into burning fragments upon impact. DU weapons are effective because they can penetrate and destroy all targets, including boring through 20 feet of super-reinforced concrete bunkers. DU is virtually cost-free, since it is a by-product of nuclear weapons production. The U.S. ADAM and PDM sub-munitions are called "the perfect dirty bombs" as each has a uranium casing filled with high explosives. But these weapons are the proverbial double-edged swords. On detonation, uranium particles vaporize into a radioactive dust (uranium oxide) that coats everything within proximity. The dust can be swept high into the atmosphere, where upper level winds redistribute toxins across national boundaries. When inhaled, these nano-particles, 100 times smaller than a cell, follow the respiratory system to attack the master code of DNA, and disable the immune system. Uranium has a half-life of 4.5 billion years, so contamination is permanent, and containment is impossible. According to Leuren Moret, a geoscientist who has worked around the world on radiation issues, depleted uranium is coming back into the U.S. "in veterans' uniforms and trophies and bags." It's also coming back in their bodies, transferred through semen. Moret cited a U.S. government study, conducted by the VA on post-Gulf War babies in a group of 251 soldiers in Mississippi who all had normal babies before the Gulf War. The study found 67 percent of their post-war babies were born with severe birth defects. Some were born without eyes (anophthalmos), ears, with missing organs, missing legs and arms, fused fingers, thyroid or other organ malformations. Moret said that in some families, the only healthy members are those born before the Gulf Wars. A WMD used against our own? The health repercussions in Iraq are unprecedented. In babies born in 2002, the incidence of anophthalmos was 250,000 times greater (20 cases in 4,000 births) than the natural occurrence, one in 50 million births. The Army and Air Force fired at least 127 tons of DU shells in Iraq last year, according to Pentagon spokesman Michael Kilpatrick, in an interview with the New York Daily News. "Because of its density, it is the superior heavy metal for armor to protect tanks and to penetrate armor," Kilpatrick said. In fact, the effects of DU meet U.S. government standards of Weapons of Mass Destruction (WMD). According to the U.S. Department of Defense (DOD) Joint Publication 1-02, WMDs are "Weapons that are capable of a high order of destruction and/or of being used in such a manner as to destroy large numbers of people. Weapons of mass destruction can be high explosives or nuclear, biological, chemical, and radiological weapons." "DU is illegal in any sense of the imagination," said Dr. Doug Rokke, a retired U.S. Army Major, nuclear health physicist, and the Pentagon's expert on the health effects of DU ammunition on the battlefield. Rokke was director of the Army's DU project, and wrote the Army regulations for handling and clean up for DU -- regulations he says the U.S. government is blatantly refusing to enforce. Today, although US Army Regulation 700-48 (http://www.traprockpeace.org/rokke_du_3_ques.html) requires DOD officials to provide medical care to all DU casualties and clean up DU contamination, Rokke said they simply refuse to do so. Rokke said that by continuing to use DU, and by refusing to admit the acknowledged adverse environmental and health effects, DOD officials violate their own orders and regulations. "When we can no longer clean up the environment and we can no longer provide medical care for anybody that's exposed, then that weapon must never be used in conflict," Rokke said. Long-term casualties The official number of wounded in the three-week Persian Gulf War in 1990-1991 was just 467. Out of 580,400 soldiers who served in the first Gulf War, 11,000 are now dead, and more than 325,000 are on permanent medical disability. That means 56 percent of those soldiers who served now have medical problems. According to a Department of VA Fact Sheet, "Several scientific studies have shown that as a group, Gulf War veterans are reporting symptoms or diseases more frequently than non-Gulf comparison groups." Additionally, the Fact Sheet reports that a Center for Disease Control (CDC) epidemiological study found "multiple symptoms more prevalent in Air Force Gulf veterans compared with controls who served in other areas of the world. Although 39 percent of Air Force Gulf War veterans who were still on duty and were studied by CDC suffered from chronic problems with fatigue, mood, thinking and muscle aches and pains, this was also reported by 15 percent of the non-Gulf group." And pediatricians for the VA are gathering data to enable "a comparison of child health not only among the Gulf War theater veterans and control cohorts, but also between children in the same family born before the Gulf deployment compared to those born after the conflict." Marilyn Brown is the customer service coordinator for the Veterans Health Program in New Orleans. Brown said that her office is taking a proactive stance, and making visits to local units to inform veterans of available services. Returning veterans are entitled to two years free medical care, including psychological services; but they must apply within 90 days of returning from active duty. Brown said that she had no record of recently returning veterans suffering from symptoms related to contact with DU. Veterans can apply for services or simply discuss options by calling (504) 568-0811, extension 5913, or 1.800.985.8387. The office is at 1601 Perdido Street. http://www.louisianaweekly.com/cgi-bin/weekly/news/articlegate.pl ?20050509j ***************************************************************** 20 AxisofLogic: Horror Of US Depleted Uranium In Iraq Threatens World www.axisoflogic.com By James Denver May 13, 2005, 06:57 American use of DU is "A crime against humanity which may, in the eyes of historians, rank with the worst atrocities of all time." US Iraq Military Vets "are on DU death row, waiting to die." "I'm horrified. The people out there - the Iraqis, the media and the troops - risk the most appalling ill health. And the radiation from depleted uranium can travel literally anywhere. It's going to destroy the lives of thousands of children, all over the world. We all know how far radiation can travel. Radiation from Chernobyl reached Wales and in Britain you sometimes get red dust from the Sahara on your car." The speaker is not some alarmist doomsayer. He is Dr. Chris Busby, the British radiation expert, Fellow of the University of Liverpool in the Faculty of Medicine and UK representative on the European Committee on Radiation Risk, talking about the best-kept secret of this war: the fact that by illegally using hundreds of tons of depleted uranium (DU) against Iraq, Britain and America have gravely endangered not only the Iraqis but the whole world. For these weapons have released deadly, carcinogenic and mutagenic, radioactive particles in such abundance that-whipped up by sandstorms and carried on trade winds - there is no corner of the globe they cannot penetrate-including Britain. For the wind has no boundaries and time is on their side: the radioactivity persists for over 4,500,000,000 years and can cause cancer, leukemia, brain damage, kidney failure, and extreme birth defects - killing millions of every age for centuries to come. A crime against humanity which may, in the eyes of historians, rank with the worst atrocities of all time. These weapons have released deadly, carcinogenic and mutagenic, radioactive particles in such abundance that there is no corner of the globe they cannot penetrate - including Britain. Yet, officially, no crime has been committed. For this story is a dirty story in which the facts have been concealed from those who needed them most. It is also a story we need to know if the people of Iraq are to get the medical care they desperately need, and if our troops, returning from Iraq, are not to suffer as terribly as the veterans of other conflicts in which depleted uranium was used. A Dirty Tyson 'Depleted' uranium is in many ways a misnomer. 'Depleted' sounds weak. The only weak thing about depleted uranium is its price. It is dirt cheap, toxic, waste from nuclear power plants and bomb production. However, uranium is one of earth's heaviest elements and DU packs a Tyson's punch, smashing through tanks, buildings and bunkers with equal ease, spontaneously catching fire as it does so, and burning people alive. 'Crispy critters' is what US servicemen call those unfortunate enough to be close. And, when John Pilger encountered children killed at a greater distance he wrote: "The children's skin had folded back, like parchment, revealing veins and burnt flesh that seeped blood, while the eyes, intact, stared straight ahead. I vomited." (Daily Mirror) The millions of radioactive uranium oxide particles released when it burns can kill just as surely, but far more terribly. They can even be so tiny they pass through a gas mask, making protection against them impossible. Yet, small is not beautiful. For these invisible killers indiscriminately attack men, women, children and even babies in the womb-and do the gravest harm of all to children and unborn babies. A Terrible Legacy Doctors in Iraq have estimated that birth defects have increased by 2-6 times, and 3-12 times as many children have developed cancer and leukemia since 1991. Moreover, a report published in The Lancet in 1998 said that as many as 500 children a day are dying from these sequels to war and sanctions and that the death rate for Iraqi children under 5 years of age increased from 23 per 1000 in 1989 to 166 per thousand in 1993. Overall, cases of lymphoblastic leukemia more than quadrupled with other cancers also increasing 'at an alarming rate.' In men, lung, bladder, bronchus, skin, and stomach cancers showed the highest increase. In women, the highest increases were in breast and bladder cancer, and non-Hodgkin lymphoma.[1] On hearing that DU had been used in the Gulf in 1991, the UK Atomic Energy Authority sent the Ministry of Defense a special report on the potential damage to health and the environment. It said that it could cause half a million additional cancer deaths in Iraq over 10 years. In that war the authorities only admitted to using 320 tons of DU-although the Dutch charity LAKA estimates the true figure is closer to 800 tons. Many times that may have been spread across Iraq by this year's war. The devastating damage all this DU will do to the health and fertility of the people of Iraq now, and for generations to come, is beyond imagining. The radioactivity persists for over 4,500,000,000 years killing millions of every age for centuries to come. This is a crime against humanity which may rank with the worst atrocities of all time. We must also count the numberless thousands of miscarried babies. Nobody knows how many Iraqis have died in the womb since DU contaminated their world. But it is suggested that troops who were only exposed to DU for the brief period of the war were still excreting uranium in their semen 8 years later and some had 100 times the so-called 'safe limit' of uranium in their urine. The lack of government interest in the plight of veterans of the 1991 war is reflected in a lack of academic research on the impact of DU but informal research has found a high incidence of birth defects in their children and that the wives of men who served in Iraq have three times more miscarriages than the wives of servicemen who did not go there. Since DU darkened the land Iraq has seen birth defects which would break a heart of stone: babies with terribly foreshortened limbs, with their intestines outside their bodies, with huge bulging tumors where their eyes should be, or with a single eye-like Cyclops, or without eyes, or without limbs, and even without heads. Significantly, some of the defects are almost unknown outside textbooks showing the babies born near A-bomb test sites in the Pacific. Doctors report that many women no longer say 'Is it a girl or a boy?' but simply, 'Is it normal, doctor?' Moreover this terrible legacy will not end. The genes of their parents may have been damaged for ever, and the damaging DU dust is ever-present. Blue on Blue What the governments of America and Britain have done to the people of Iraq they have also done to their own soldiers, in both wars. And they have done it knowingly. For the battlefields have been thick with DU and soldiers have had to enter areas heavily contaminated by bombing. Moreover, their bodies have not only been assaulted by DU but also by a vaccination regime which violated normal protocols, experimental vaccines, nerve agent pills, and organophosphate pesticides in their tents. And yet, though the hazards of DU were known, British and American troops were not warned of its dangers. Nor were they given thorough medical checks on their return-even though identifying it quickly might have made it possible to remove some of it from their body. Then, when a growing number became seriously ill, and should have been sent to top experts in radiation damage and neurotoxins, many were sent to a psychiatrist. Over 200,000 US troops who returned from the 1991 war are now invalided out with ailments officially attributed to service in Iraq-that's 1 in 3. In contrast, the British government's failure to fully assess the health of returning troops, or to monitor their health, means no one even knows how many have died or become gravely ill since their return. However, Gulf veterans' associations say that, of 40,000 or so fighting fit men and women who saw active service, at least 572 have died prematurely since coming home and 5000 may be ill. An alarming number are thought to have taken their own lives, unable to bear the torment of the innumerable ailments which have combined to take away their career, their sexuality, their ability to have normal children, and even their ability to breathe or walk normally. As one veteran puts it, they are 'on DU death row, waiting to die.' Whatever other factors there may be, some of their illnesses are strikingly similar to those of Iraqis exposed to DU dust. For example, soldiers have also fathered children without eyes. And, in a group of eight servicemen whose babies lack eyes seven are known to have been directly exposed to DU dust. They too have fathered children with stunted arms, and rare abnormalities classically associated with radiation damage. They too seem prone to cancer and leukemia. Tellingly, so are EU soldiers who served as peacekeepers in the Balkans, where DU was also used. Indeed their leukemia rate has been so high that several EU governments have protested at the use of DU. The Vital Evidence Despite all that evidence of the harm done by DU, governments on both sides of the Atlantic have repeatedly claimed that as it emits only 'low level' radiation DU is harmless. Award-winning scientist, Dr. Rosalie Bertell who has led UN medical commissions, has studied 'low-level' radiation for 30 years. 2 She has found that uranium oxide particles have more than enough power to harm cells, and describes their pulses of radiation as hitting surrounding cells 'like flashes of lightning' again and again in a single second.[2] Like many scientists worldwide who have studied this type of radiation, she has found that such 'lightning strikes' can damage DNA and cause cell mutations which lead to cancer. Moreover, these particles can be taken up by body fluids and travel through the body, damaging more than one organ. To compound all that, Dr. Bertell has found that this particular type of radiation can cause the body's communication systems to break down, leading to malfunctions in many vital organs of the body and to many medical problems. A striking fact, since many veterans of the first Gulf war suffer from innumerable, seemingly unrelated, ailments. In addition, recent research by Eric Wright, Professor of Experimental Haematology at Dundee University, and others, have shown two ways in which such radiation can do far more damage than has been thought. The first is that a cell which seems unharmed by radiation can produce cells with diverse mutations several cell generations later. (And mutations are at the root of cancer and birth defects.) This 'radiation-induced genomic instability' is compounded by 'the bystander effect' by which cells mutate in unison with others which have been damaged by radiation-rather as birds swoop and turn in unison. Put together, these two mechanisms can greatly increase the damage done by a single source of radiation, such as a DU particle. Moreover, it is now clear that there are marked genetic differences in the way individuals respond to radiation-with some being far more likely to develop cancer than others. So the fact that some veterans of the first Gulf war seem relatively unharmed by their exposure to DU in no way proves that DU did not damage others. The Price of Truth That the evidence from Iraq and from our troops, and the research findings of such experts, have been ignored may be no accident. A US report, leaked in late 1995, allegedly says, 'The potential for health effects from DU exposure is real; however it must be viewed in perspective... the financial implications of long-term disability payments and healthcare costs would be excessive.'[3] Clearly, with hundreds of thousands gravely ill in Iraq and at least a quarter of a million UK and US troops seriously ill, huge disability claims might be made not only against the governments of Britain and America if the harm done by DU were acknowledged. There might also be huge claims against companies making DU weapons and some of their directors are said to be extremely close to the White House. How close they are to Downing Street is a matter for speculation, but arms sales makes a considerable contribution to British trade. So the massive whitewashing of DU over the past 12 years, and the way that governments have failed to test returning troops, seemed to disbelieve them, and washed their hands of them, may be purely to save money. The possibility that financial considerations have led the governments of Britain and America to cynically avoid taking responsibility for the harm they have done not only to the people of Iraq but to their own troops may seem outlandish. Yet DU weapons weren't used by the other side and no other explanation fits the evidence. For, in the days before Britain and America first used DU in war its hazards were no secret.[4] One American study in 1990 said DU was 'linked to cancer when exposures are internal, [and to] chemical toxicity-causing kidney damage'. While another openly warned that exposure to these particles under battlefield conditions could lead to cancers of the lung and bone, kidney damage, non-malignant lung disease, neuro-cognitive disorders, chromosomal damage and birth defects.[5] A Culture of Denial In 1996 and 1997 UN Human Rights Tribunals condemned DU weapons for illegally breaking the Geneva Convention and classed them as 'weapons of mass destruction' 'incompatible with international humanitarian and human rights law.' Since then, following leukemia in European peacekeeping troops in the Balkans and Afghanistan (where DU was also used), the EU has twice called for DU weapons to be banned. Yet, far from banning DU, America and Britain stepped up their denials of the harm from this radioactive dust as more and more troops from the first Gulf war and from action and peacekeeping in the Balkans and Afghanistan have become seriously ill. This is no coincidence. In 1997, while citing experiments, by others, in which 84 percent of dogs exposed to inhaled uranium died of cancer of the lungs, Dr. Asaf Durakovic, then Professor of Radiology and Nuclear Medicine at Georgetown University in Washington was quoted as saying, 'The [US government's] Veterans Administration asked me to lie about the risks of incorporating depleted uranium in the human body.' He concluded, 'uranium does cause cancer, uranium does cause mutation, and uranium does kill. If we continue with the irresponsible contamination of the biosphere, and denial of the fact that human life is endangered by the deadly isotope uranium, then we are doing disservice to ourselves, disservice to the truth, disservice to God and to all generations who follow.' Not what the authorities wanted to hear and his research was suddenly blocked. During 12 years of ever-growing British whitewash the authorities have abolished military hospitals, where there could have been specialized research on the effects of DU and where expertise in treating DU victims could have built up. And, not content with the insult of suggesting the gravely disabling symptoms of Gulf veterans are imaginary they have refused full pensions to many. For, despite all the evidence to the contrary, the current House of Commons briefing paper on DU hazards says 'it is judged that any radiation effects from possible exposures are extremely unlikely to be a contributory factor to the illnesses currently being experienced by some Gulf war veterans.' Note how over a quarter of a million sick and dying US and UK vets are called 'some.' The Way Ahead Britain and America not only used DU in this year's Iraq war, they dramatically increased its use-from a minimum of 320 tons in the previous war to at minimum of 1500 tons in this one. And this time the use of DU wasn't limited to anti-tank weapons-as it had largely been in the previous Gulf war-but was extended to the guided missiles, large bunker busters and big 2000-pound bombs used in Iraq's cities. This means that Iraq's cities have been blanketed in lethal particles-any one of which can cause cancer or deform a child. In addition, the use of DU in huge bombs which throw the deadly particles higher and wider in huge plumes of smoke means that billions of deadly particles have been carried high into the air-again and again and again as the bombs rained down-ready to be swept worldwide by the winds. The Royal Society has suggested the solution is massive decontamination in Iraq. That could only scratch the surface. For decontamination is hugely expensive and, though it may reduce the risks in some of the worst areas, it cannot fully remove them. For DU is too widespread on land and water. How do you clean up every nook and cranny of a city the size of Baghdad? How can they decontaminate a whole country in which microscopic particles, which cannot be detected with a normal geiger counter, are spread from border to border? And how can they clean up all the countries downwind of Iraq-and, indeed, the world? So there are only two things we can do to mitigate this crime against humanity. The first is to provide the best possible medical care for the people of Iraq, for our returning troops and for those who served in the last Gulf war and, through that, minimize their suffering. The second is to relegate war, and the production and sale of weapons, to the scrap heap of history-along with slavery and genocide. Then, and only then, will this crime against humanity be expunged, and the tragic deaths from this war truly bring freedom to the people of Iraq, and of the world. References [1] The Lancet volume 351, issue 9103, 28 February 1998. [2] Rosalie Bertell's book Planet Earth the Latest Weapon of War was reviewed in Caduceus issue 51, page 28. [3] TAB L_Research Report Summaries [4] The secret official memorandum to Brigadier General L.R. Groves from Drs Conant, Compton and Urey of War Department Manhattan district dated October 1943 is available at the website. [5] TAB L_Research Report Summaries Further Information The Low Level Radiation Campaign hopes to be able to arrange a limited number of private urine tests for those returning from the latest Gulf war. It can be contacted at: The Knoll, Montpelier Park, Llandrindod Wells, LD1 5LW. 01597 824771. Web: LLRC.org. James Denver writes and broadcasts internationally on science and technology. ***************************************************************** 21 DallasNews.com: Midlothian: Facing possible suit, industry denies link to illnesses 10:13 PM CDT on Thursday, May 12, 2005 By JIM GETZ / The Dallas Morning News From Hinkley, Calif., to Plant City, Fla., Erin Brockovich and the law firm that employs her have sued those industries they contend are polluters who are poisoning or even killing nearby residents. Next up: Midlothian. Masry & Vititoe, the California firm for which she works as a researcher and community liaison, is teaming up with Arlington law firm McCurdy & McCurdy to determine whether a case can be built to link pollution from cement plants and other Midlothian industries to cancers and ill health reported by residents. And Jim Ross, the lead attorney on the case for McCurdy, knows how difficult that task will be under Texas law, which requires plaintiffs to show cause-and-effect links between a person, a disease, the chemicals and the industry  for each person. "It's a huge project," he admitted Thursday. "We have the expertise, but we may never be able to prove it. We'll do the best we can." Ms. Brockovich agreed, saying that sometimes "you get in there and find something has gone wrong, but you can't prove it. But I like to keep a positive attitude." Mr. Ross and Ms. Brockovich say they have just begun to investigate. They have talked to about a dozen residents so far and have started to request every state and federal document and study under the sun regarding Midlothian's air emissions. A town hall meeting is planned for June. Although some studies have noted elevated rates of breathing diseases or Down syndrome in Midlothian or Ellis County, industry representatives such as Randy Jones of Texas Industries Inc. point out that studies by state and federal agencies have never linked the emissions and diseases. "That's not TXI saying that, and it's not something said lightly," Mr. Jones said Thursday. "It's made after thousands of tests on air and soil and so on. Whatever comes out of somebody saying, 'We're from California and we want to represent you,' hopefully [residents] will look at the facts. "You have to remember that we employ 1,300 people at this plant," he added. "We're not going to do anything that would harm them or harm the community. That's the position we've always taken, and it's served us well." Longtime environmental activist Jim Schermbeck of Downwinders At Risk is guardedly optimistic about the involvement of Ms. Brockovich and two law firms. "They've made it hard in Texas to do these kinds of lawsuits specifically because they were working so well around the state," Mr. Schermbeck said. "I'm kind of skeptical anybody would be able to go through all the hoops needed to make it happen. But if it ever is to happen, it needs to have a larger law firm with the resources needed to do it." E-mail jgetz@dallasnews.com This text is invisible on the page, but this text is affected by the invisible item's flow. This text is invisible on the page, but this text is affected by the invisible item's flow. More Headlines ***************************************************************** 22 NRC: Nuclear Management Company, LLC; Notice of Consideration of FR Doc E5-2378 [Federal Register: May 13, 2005 (Volume 70, Number 92)] [Notices] [Page 25619-25621] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr13my05-92] Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No. DPR-43 issued to Nuclear Management Company, LLC (the licensee), for operation of the Kewaunee Nuclear Power Plant located in Kewaunee County, Wisconsin. The proposed amendment would change the Technical Specifications to modify the auxiliary feedwater (AFW) pump suction protection requirements and change the design basis as described in the Updated Safety Analysis Report to revise the functionality of the discharge pressure switches to provide pump runout protection, which requires operator actions to restore the AFW pumps for specific post-accident recovery activities. Before issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations. The Commission has made a proposed determination that the amendment request involves no significant hazards consideration. Under the Commission's regulations in Title 10 of the Code of Federal Regulations (10 CFR), Section 50.92, this means that operation of the facility in accordance with the proposed amendment would not (1) involve a significant increase in the probability or consequences of an accident previously evaluated; or (2) create the possibility of a new or different kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety. As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below: 1. Does the proposed amendment involve a significant increase in the probability or consequences of an accident previously evaluated? Response: No. The proposed amendment does not involve a significant increase in the probability of an accident previously evaluated. The proposed changes are associated with the auxiliary feedwater (AFW) system, which is not an initiator of any accident previously evaluated. The proposed amendment does not involve a significant increase in the consequences of an accident previously evaluated. The mitigation functions assumed in the accident analyses will continue to be performed. Operator actions may be required to assure the AFW pumps are aligned for post-accident recovery operations. With these actions additional consequences are not incurred. Therefore, operation of the facility in accordance [with] the proposed amendment would not involve a significant increase in the probability or consequences of any accident previously evaluated. 2. Does the proposed amendment create the possibility of a new or different kind of accident from any accident previously evaluated? Response: No. The AFW system is being modified by adding suction pressure switches to protect the AFW pumps from damage due to a loss of normal suction. The addition of the suction pressure switches and the associated circuitry does not introduce new failure modes or effects. The evaluation of the new suction pressure trip circuit design concluded the new suction pressure trip circuit is similar to the existing discharge pressure trip circuit design and therefore, no new failure modes or effects are introduced. In addition, the AFW system is being modified by altering the function of the discharge pressure trip channel to provide pump runout protection. Operator actions may be required to assure the AFW pumps are aligned for post-accident recovery operations. With these actions, the accident recovery operations can be performed and a new or different kind of accident is not [[Page 25620]] created. The proposed amendment ensures that the AFW system continues to performs its intended safety function. Therefore, operation of the facility in accordance with the proposed amendment does not create the possibility of a new or different kind of accident from any previously evaluated. 3. Does the proposed amendment involve a significant reduction in a margin of safety? Response: No. The modifications to the AFW System and the associated Technical Specifications will ensure that the AFW system is capable of performing its intended safety function. In addition, the margin of safety in the accident analyses is not affected by the proposed changes. The manual actions that may be required to restart an AFW pump and throttle AFW flow during the cooldown/recovery phase of the event do not significantly impact the margin of safety. Therefore, the proposed amendment does not involve a significant reduction in a margin of safety. The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration. The Commission is seeking public comments on this proposed determination. Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination. Normally, the Commission will not issue the amendment until the expiration of 60 days after the date of publication of this notice. The Commission may issue the license amendment before expiration of the 60- day period provided that its final determination is that the amendment involves no significant hazards consideration. In addition, the Commission may issue the amendment prior to the expiration of the 30- day comment period should circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example in derating or shutdown of the facility. Should the Commission take action prior to the expiration of either the comment period or the notice period, it will publish in the Federal Register a notice of issuance. Should the Commission make a final No Significant Hazards Consideration Determination, any hearing will take place after issuance. The Commission expects that the need to take this action will occur very infrequently. Written comments may be submitted by mail to the Chief, Rules and Directives Branch, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and should cite the publication date and page number of this Federal Register notice. Written comments may also be delivered to Room 6D59, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. Documents may be examined, and/or copied for a fee, at the NRC's Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. The filing of requests for hearing and petitions for leave to intervene is discussed below. Within 60 days after the date of publication of this notice, the licensee may file a request for a hearing with respect to issuance of the amendment to the subject facility operating license and any person whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written request for a hearing and a petition for leave to intervene. Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission's ``Rules of Practice for Domestic Licensing Proceedings'' in 10 CFR Part 2. Interested persons should consult a current copy of 10 CFR 2.309, which is available at the Commission's PDR, located at One White Flint North, Public File Area O1F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition for leave to intervene is filed by the above date, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order. As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements: (1) The name, address and telephone number of the requestor or petitioner; (2) the nature of the requestor's/petitioner's right under the Act to be made a party to the proceeding; (3) the nature and extent of the requestor's/petitioner's property, financial, or other interest in the proceeding; and (4) the possible effect of any decision or order which may be entered in the proceeding on the requestor's/petitioner's interest. The petition must also identify the specific contentions which the petitioner/requestor seeks to have litigated at the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner/requestor shall provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner/requestor must also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion. The petition must include sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the amendment under consideration. The contention must be one which, if proven, would entitle the petitioner to relief. A petitioner/requestor who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party. Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing. If a hearing is requested, the Commission will make a final determination on the issue of no significant hazards consideration. The final determination will serve to decide when the hearing is held. If the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment. If the final determination is that the amendment request involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment. [[Page 25621]] Nontimely requests and/or petitions and contentions will not be entertained absent a determination by the Commission or the presiding officer of the Atomic Safety and Licensing Board that the petition, request and/or the contentions should be granted based on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-(viii). A request for a hearing or a petition for leave to intervene must be filed by: (1) First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; (2) courier, express mail, and expedited delivery services: Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff; (3) E-mail addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, HEARINGDOCKET@NRC.GOV; or (4) facsimile transmission addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, Attention: Rulemakings and Adjudications Staff at (301) 415-1101, verification number is (301) 415-1966. A copy of the request for hearing and petition for leave to intervene should also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and it is requested that copies be transmitted either by means of facsimile transmission to 301-415-3725 or by email to OGCMailCenter@nrc.gov. A copy of the request for hearing and petition for leave to intervene should also be sent to Bradley D. Jackson, Esq., Foley and Lardner, P.O. Box 1497, Madison, WI 53701-1497, attorney for the licensee. For further details with respect to this action, see the application for amendment dated May 5, 2005, which is available for public inspection at the Commission's PDR, located at One White Flint North, File Public Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1- 800-397-4209, 301-415-4737, or by e-mail to pdr@nrc.gov. Dated at Rockville, Maryland, this 9th day of May, 2005. Carl F. Lyon, Project Manager, Section 1 Project Directorate III , Division of Licensing Project Management, Office of Nuclear Reactor Regulation. [FR Doc. E5-2378 Filed 5-12-05; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 23 NRC: Nuclear Management Company, LLC; Notice of Consideration of FR Doc E5-2379 [Federal Register: May 13, 2005 (Volume 70, Number 92)] [Notices] [Page 25621-25622] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr13my05-93] Issuance of Amendment to Facility Operating License and Opportunity for a Hearing The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License Nos. DPR-24 and DPR-27, issued to Nuclear Management Company, LLC (NMC or the licensee), for operation of the Point Beach Nuclear Plant (PBNP), Units 1 and 2 located in Two Rivers, WI. The proposed amendment would alter the PBNP Final Safety Analysis Report (FSAR) to include a reactor vessel head drop event. Before issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations. Within 60 days after the date of publication of this notice, the licensee may file a request for a hearing with respect to issuance of the amendment to the subject facility operating license and any person whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written request for a hearing and a petition for leave to intervene. Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission's ``Rules of Practice for Domestic Licensing Proceedings'' in 10 CFR part 2. Interested persons should consult a current copy of 10 CFR 2.309, which is available at the Commission's PDR, located at One White Flint North, Public File Area 01F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition for leave to intervene is filed by the above date, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order. As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the petitioner/ requestor in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements: (1) The name, address and telephone number of the requestor or petitioner; (2) the nature of the requestor's/petitioner's right under the Act to be made a party to the proceeding; (3) the nature and extent of the requestor's/ petitioner's property, financial, or other interest in the proceeding; and (4) the possible effect of any decision or order which may be entered in the proceeding on the requestor's/petitioner's interest. The petition must also identify the specific contentions which the petitioner/requestor seeks to have litigated at the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner/requestor shall provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner must also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion. The petition must include sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the amendment under consideration. The contention must be one which, if proven, would entitle the petitioner/requestor to relief. A petitioner/ requestor who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party. Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to [[Page 25622]] participate fully in the conduct of the hearing. Nontimely requests and/or petitions and contentions will not be entertained absent a determination by the Commission or the presiding officer of the Atomic Safety and Licensing Board that the petition, request and/or the contentions should be granted based on a balancing of the factors specified in 10 CFR 2.309(a)(1)(i)-(viii). A request for a hearing or a petition for leave to intervene must be filed by: (1) First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; (2) courier, express mail, and expedited delivery services: Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff; (3) E-mail addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, HEARINGDOCKET@NRC.GOV; or (4) facsimile transmission addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, Attention: Rulemakings and Adjudications Staff at (301) 415-1101, verification number is (301) 415-1966. A copy of the request for hearing and petition for leave to intervene should also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and it is requested that copies be transmitted either by means of facsimile transmission to 301-415-3725 or by e-mail to OGCMailCenter@nrc.gov. A copy of the request for hearing and petition for leave to intervene should also be sent to Jonathan Rogoff, Esquire, Vice President, Counsel & Secretary, Nuclear Management Company, LLC, 700 First Street, Hudson, WI 54016, attorney for the licensee. For further details with respect to this action, see the application for amendment dated April 29, 2005, which is available for public inspection at the Commission's PDR, located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1-800-397-4209, 301-415-4737, or by e-mail to pdr@nrc.gov. Dated at Rockville, Maryland, this 9th day of May 2005. For the Nuclear Regulatory Commission. Harold K. Chernoff, Project Manager, Section 1, Project Directorate 3, Division of Licensing Project Management, Office of Nuclear Reactor Regulation. [FR Doc. E5-2379 Filed 5-12-05; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 24 USATODAY.com: 'Downwinders' case finally goes to court Posted 5/12/2005 11:04 PM By Laura Parker, USA TODAY SPOKANE, Wash. — Dolores Hein never thought much about the winds that sweep across the rolling wheat fields in eastern Washington until 1980, when the eruption of Mount St. Helens, 300 miles to the west, dropped nine truckloads of ash on her family's farm just south of here. Curtesy U.S. Department of Energy via AP That led Hein to wonder whether any radioactive material had drifted over to the farm from the Hanford nuclear research site, which is only 145 miles west of the farm. Could that explain her husband's thyroid cancer and two daughters' thyroid disease? In 1986, after the U.S. government made public files documenting the secret releases of radioactive emissions from Hanford during World War II and the Cold War, Hein joined more than 2,300 other "downwinders" in the region in suing the companies that built and operated Hanford for the government during those years. After 15 years of pretrial wrangling, the first six of those cases will be decided soon by a 12-member jury in a federal court here. Hein will watch the outcome closely because the jury's decision likely will help U.S. District Judge Frem Nielsen determine how to resolve the remaining claims  including Hein's. 'Last chapter' The first six plaintiffs include five women and a man who were youngsters living in eastern Washington when radioactive iodine-131 (I-131) was released into the air from the plant, which for 50 years was the nation's largest producer of plutonium. Three of the plaintiffs have thyroid cancer; the others have thyroid disorders. The plaintiffs allege that I-131, which is a byproduct of nuclear weapons production and concentrates in the thyroid when absorbed, caused their illnesses. They believe they were made ill by drinking milk from cows that grazed in pastures contaminated by I-131. The trial focuses only on the six plaintiffs, but it represents one of the final rounds of legal disputes over how thousands of Americans were affected by this nation's super-secret pursuit of The Bomb, that continued through the Cold War. "The last chapter in coming to terms with the human legacy of the nuclear arms race are the people who live near these nuclear plants," says Bob Alvarez, a top official in the Energy Department in the Clinton administration and a critic of the nuclear industry. The trial also is playing out with the nation at a crossroad in the nuclear age. The Bush administration is proposing, over the next five years, to halve the $2 billion cleanup budget at Hanford, which is the most contaminated nuclear site in the country. At the same time, the administration is proposing to spend $6 billion to develop a new class of nuclear weapons that would require testing, albeit underground and presumably safer. The U.S. government already has spent millions of dollars to compensate thousands of people in Utah, Arizona, Nevada and the Marshall Islands who were exposed to radiation in areas where atomic bombs were built or tested. The Hanford plaintiffs represent the largest group from the World War II and Cold War years whose exposure to radioactive material has not been addressed by the government. What's at stake If the jury sides with the plaintiffs, the financial awards could run to tens of millions of dollars. Any awards would be paid by the U.S. government, because its agreement with its contractors, DuPont and General Electric, protects the companies from liability. The government is paying the contractors' legal fees. The (Spokane) Spokesman Review, citing government documents, reported in 2000 that those fees had topped $60 million. The report could not be independently confirmed. Attorneys for DuPont and General Electric argue there is no connection between residents' illnesses and Hanford. "There is no epidemic of thyroid disease around Hanford. It is just not there," Kevin Van Wart, the companies' attorney told the jury. The plaintiffs with thyroid cancer are Shannon Rhodes, born in 1941, and Gloria Wise and Steve Stanton, born in 1944. The plaintiffs suffering from hypothyroidism and autoimmune disease are Kathryn Goldbloom, born in 1941, Wanda Buckner, born in 1945, and Shirley Carlisle, born in 1947. Hanford played a pivotal role in World War II, and as the Cold War heated up, it became a source of civic pride. Its scientists made the plutonium that was used in the bomb that was dropped on Nagasaki in 1945. The Richland High School Bombers still feature a mushroom cloud in their insignia. As a youth, Goldbloom marched in Richland's Atomic Frontier Days parade. Emissions revealed Residents in the region learned of Hanford's radioactive emissions in 1986, when the U.S. Energy Department released 19,000 pages of previously classified documents detailing the emissions. The documents revealed that most of Hanford's releases of I-131 occurred from 1944 to 1947. Some emissions were accidental, some intentional. The largest single release of radioactive iodine, known as the Green Run, occurred in December 1949, when 8,000 curies were intentionally released to study the plume, on the theory that by tracking a similar plume in the Soviet Union, U.S. scientists could learn the location of Soviet plutonium factories. Attorneys for both sides agreed before the trial that a total of more than 740,000 curies of I-131 were released at Hanford. By comparison, more than 50 million curies of radioactive material were released over 10 days in 1986 at the Chernobyl nuclear power plant in the former Soviet Union, the world's worst nuclear plant disaster. The trial has focused on testimony from scientists and medical analysts and has included estimates of the doses of radiation the six plaintiffs received. The defense has sought to show that the doses were not large enough to cause the plaintiffs' illnesses. Testimony also dealt with a study by the federal Centers for Disease Prevention and Control that found the risk of acquiring thyroid disease to be no greater for people exposed to Hanford radioactive emissions than for people who were not exposed. The plaintiffs argue that the Hanford study was flawed, and they have emphasized other studies, including one about the Chernobyl accident that links thyroid illness with radioactive emissions. But Van Wart discounts the comparisons: "Hanford is no Chernobyl."'Downwinders' get their day5/12/2005 11:04 PMBy Laura Parker, USA TODAYSPOKANE, Wash. Curtesy U.S. Department of Energy via AP--> © Copyright 2005 USA TODAY, a division of Gannett Co. Inc.--> ***************************************************************** 25 Las Vegas RJ: YUCCA MOUNTAIN: Panel adds $10 million to request Friday, May 13, 2005 Money would be for interim storage of nuclear waste By TONY BATT STEPHENS WASHINGTON BUREAU U.S. Rep. David Hobson, R-Ohio, chairs a House subcommittee that added $10 million Thursday to the White House budget request for Yucca Mountain in 2006. THE ASSOCIATED PRESS WASHINGTON -- A House panel on Thursday added $10 million to the White House budget request for Yucca Mountain in 2006, and instructed the Department of Energy to use the additional money to select one or two sites next year for interim storage of nuclear waste. Rep. David Hobson, R-Ohio, the chairman of the House Appropriations subcommittee on energy and water, said the interim storage sites should be Energy Department facilities located outside Nevada, but declined to say where. "Frankly, it's time to rethink our approach to dealing with spent (nuclear) fuel," Hobson said. "We need to start moving spent fuel away from reactor sites to one or more centralized, above-ground facilities at (Department of Energy) sites." Foreign nuclear waste already is being stored at Energy Department sites, Hobson said. "It's time we do the same for our domestic spent (nuclear) fuel," he said. Yucca Mountain, 100 miles northwest of Las Vegas, has been designated to receive 77,000 tons of high-level nuclear waste from the nation's power plants, but it is uncertain when the storage will begin. Hobson said Yucca Mountain cannot store all of the nation's nuclear waste and interim storage will ease the burden. The White House has not yet signed off on interim storage. Energy Department spokeswoman Anne Womack said the administration is examining the subcommittee's budget legislation "but moving forward on Yucca Mountain." The subcommittee approved $661 million next year for Yucca Mountain, which is an $84 million increase above this year's budget. "It's critical we get Yucca Mountain done right and done soon," Hobson said. Beyond interim storage, the subcommittee directed the Energy Department to develop advanced technology for reprocessing nuclear spent fuel at one or more DOE sites by 2007. Critics of reprocessing claim it would make spent nuclear fuel easier for terrorists to obtain. The subcommittee also rejected a Bush administration request of $4 million next year for a study on a new nuclear weapon known as the robust nuclear earth penetrator, or "bunker buster." If developed, some observers believe the "bunker buster" might be tested at the Nevada Test Site, 65 miles northwest of Las Vegas. Copyright Las Vegas Review-Journal ***************************************************************** 26 Las Vegas SUN: Columnist Jeff German: Gibbons has late awakening Today: May 13, 2005 at 11:19:01 PDT Jeff German's column appears Tuesdays, Wednesdays, Fridays and Sundays in the Sun. Reach him at german@lasvegassun.comor (702) 259-4067. Is it freezing down below? No one thought this was possible, but Nevada Rep. Jim Gibbons, the man who wants to be our next governor, has finally figured out that the Bush administration is determined to stick us with Yucca Mountain even if it has to doctor the science. Gibbons, a Republican in his fifth term, got a chilling dose of reality after this week's confrontation over Yucca Mountain between Energy Secretary Samuel Bodman and Nevada's congressional delegation. Bodman told the bipartisan delegation that Yucca Mountain isn't dead in the eyes of the Energy Department, which is moving ahead full force with the licensing process in the face of damning allegations that scientific research was rigged. This didn't come as a surprise to most veteran Yucca Mountain opponents, who know the Energy Department has invested too much in the wounded nuclear waste project to let it expire without a fight. But according to Gibbons -- who, up to this point, has been a patsy for the Bush administration on this subject -- what Bodman said was astonishing. "It was something of an eye-opening experience to realize they have an obvious mandate to license Yucca Mountain despite what the science may say or what they don't know," Gibbons told the Las Vegas Review-Journal after the tension-filled meeting in Washington. Are you kidding me? Where has Gibbons been during his eight years on Capitol Hill? "He's been in his own world," says Peggy Maze Johnson, the executive director of Citizens Alert, an anti-Yucca Mountain watchdog group. "I don't think he has understood what's been going on." Johnson says Gibbons certainly hasn't been listening to his constituents. "We've been talking about bad science forever," she says. "He just hasn't been paying attention." This opinion is shared by Democrats within Nevada's congressional delegation. "For someone who has turned a blind eye for years to the shortcomings of his own party on this issue, I find it ironic that he's finally struck with this idea that, wow, they're not willing to do anything for us," one Democratic congressional source says. But now that Gibbons has seen the light -- he said last week that he's ready to "play hardball" -- we can expect him at long last to stand up to the Bush administration. Hopefully, that means no more Yucca Mountain passes for President Bush, Vice President Dick Cheney and their top advisers when they come to the state. As late as two months ago, Gibbons shielded Cheney during the vice president's visit to Reno from having to answer media questions about Yucca Mountain. Gibbons and other top Nevada Republicans pulled this stunt throughout the 2004 campaign to help re-elect Bush and Cheney. The duo ended up winning the state's five electoral votes without ever having to explain how they pushed Yucca Mountain on us amid so many unanswered questions about its safety. If Gibbons is serious about wanting to play hardball, it means his party pandering over Yucca Mountain will have to come to an end. Then he can fight like the rest of us. ***************************************************************** 27 Las Vegas SUN: House panel OKs funds for moving nuke waste Today: May 13, 2005 at 11:19:01 PDT By Suzanne Struglinski SUN WASHINGTON BUREAU WASHINGTON -- The Energy Department may get $10 million to start moving nuclear waste to an interim storage site as early as 2006, based on a provision included in a House spending bill Thursday. The House Appropriations Energy and Water Subcommittee approved $661 million for the Yucca Mountain project, fulfilling the department's budget request while adding an additional $10 million in a vague request to begin moving waste to other department sites. "It's time to rethink our approach to dealing with spent fuel," Subcommittee Chairman David Hobson, R-Ohio, said. "It's irresponsible the policies we have now. It delays us." The bill does not name a site to take the waste or implement a specific policy but gives the department the ability to start moving waste to a site as early as next year, Hobson said. "This stuff is not in the safest place right now," Hobson said. "This is a vision to move forward." The Energy Department plans to store 77,000 tons of nuclear waste at Yucca Mountain, 90 miles northwest of Las Vegas. The department was supposed to move the waste in 1998 but the project has suffered a series of delays and setbacks. Hobson said the effort should not been seen as losing confidence in the Yucca Mountain project, saying it is "critical" the government gets the project "done right and done soon." "I have 100 percent of the funding in there," Hobson said. "I will fight to the death for Yucca Mountain just as my opponent says he will fight against it." Hobson's "opponent," Senate Minority Leader Harry Reid, D-Nev., is the top Democrat on the Senate Appropriations Energy and Water Development Subcommittee. Reid works to cut the Yucca budget every year and disagrees with Hobson's effort for it to move forward. Reid spokeswoman Tessa Hafen this is an acknowledgement that the department cannot move forward on Yucca. She noted that the House usually asks for more than the department's request but usually gets less after final negotiations with Reid. She said the ongoing investigations into possibly falsified data at the project give Reid "added ammunition" in his fight to lower the funding. "It's proof that was he has been saying over the years about this money going down a dark hole," Hafen said. The additional $10 million can go toward casks or plans to move waste to a site. It builds on the request the department already had to buy casks, committee spokesman John Scofield said. It gives the department the ability to pick a site or sites, make plans and decide how to move forward. The subcommittee will not release the exact language in the bill until the House Appropriations Committee takes it up next week. The Senate will not begin finalizing its bill at least until after the Memorial Day recess. Hobson said he has a site in mind but would not offer details. He also said it could be more than one site. "It is not in Nevada," Hobson said. "If one happens to be in Ohio, OK." Under the Nuclear Waste Policy Act, an interim storage site can not be in Nevada. Congress killed an effort to amend the law and have temporary storage at Yucca Mountain five years ago. Hobson suggested in March that the Nevada Test Site could serve as a site to store waste for 100 to 500 years as scientists figured out a better way to store or reprocess fuel. Sen. John Ensign, R-Nev., spokesman Jack Finn did not want to comment until had seen a copy of the exact language. Rep. Jim Gibbons, R-Nev., opposes any funding for Yucca Mountain, according to spokeswoman Amy Spanbauer. He wants to see the country invest money on "21st century technology" to fight the waste problem and keeping waste safe where it is. David Cherry, spokesman for Rep. Shelley Berkley, D-Nev., called the proposal an "absolute non-starter." "There is nothing in there to be in agreement with," Cherry said. He said she would oppose any plan to move waste away from nuclear power plants. An interim site, with the final destination still at Yucca, creates a double risk for terrorist attacks or accidents. He said there is no plan on how to move it or where it would go. But Hobson says the Energy Department accepts waste from foreign reactors already to store at some of its facilities and nuclear waste is moved around the country all the time. "Give me a break, we have to get real," Hobson said. "This is not brain science. This is not inventing a new wheel." Hobson said the country loses about $500 million every year Yucca Mountain does not open. He emphasized that other countries are reprocessing fuel and storing nuclear waste with no problems. The government has not fulfilled its contract with nuclear companies to take the waste and legal decisions force the government to pay damages to some utilities. The bill also puts an additional $5 million to the Advanced Fuel Cycle Initiative. The department will have to pick a process to use to recycle nuclear waste by 2007, according to the subcommittee. Hobson included the extra money because it is "time we rethink our reluctance to reprocessing fuel." "I don't want to get to 'Yucca Mountain Two' right away," Hobson said. The recycling would be aimed at how to decrease the amount of existing waste without creating dangerous byproducts or more waste in the process. ***************************************************************** 28 Platts: US House panel approves funding for interim nuclear waste storage + The US House Appropriations energy and water development subcommittee Thursday approved a $29.7-bil spending measure for fiscal 2006 that would fund an effort to transfer spent nuclear fuel from civilian reactors to an "interim" storage facility located on an Dept of Energy-owned site. The spending measure also would also provide DOE with new funds to develop a program for recycling spent nuclear fuel. Subcommittee Chairman David Hobson (Republican-Ohio) said the initiatives are necessary to ensure the continued availability of "cheap energy" in the US. "The only way to get cheap energy is to significantly expand the nuclear industry," Hobson said. "You're not going to do it with fossil fuels or solar or wind." Hobson would not say where the proposed interim storage facility would be located, adding only that it won't be in Nevada, the site of DOE proposed high-level waste repository. The bill would fund Yucca Mountain at $661-mil, $84-mil above the fiscal 2005 appropriation and $10-mil over DOE's request. DOE's share of the $29.7-bil measure is $24.6-bil, $278-mil more than the department received for FY-05 and $362-mil more than the department requested. Hobson said the bill would reinstate "not all, but a lot" of the proposed cuts to oil and natural gas r. The measure would provide $1.8-bil for DOE's energy supply and conservation programs, $8-mil above the current level and $136-mil above the request. The House Appropriations Committee is slated to mark up the bill next week. This story was originally published in Platts Electricity Alert http://www.electricityalert.platts.com Washington (Platts)--12May2005 Copyright © 2005 - Platts, All Rights Reserved [The McGraw-Hill Companies] ***************************************************************** 29 Mail & Guardian: 'No final home for nuke waste' Saturday, May 14, 2005 6:37 AM Africa's first online Yolandi Groenewald Despite the government’s R500 million investment in nuclear technology, South Africa has no final policy to deal with nuclear waste. No deep-level depository, the final resting place for waste, has yet been identified by the government. All waste is currently stored on-site at Pelindaba and Koeberg. “No nuclear waste has left Pelindaba since it began operating,” said Piet Bredell, waste manager at the South African Nuclear Energy Corporation. “The government has not yet formulated a final plan of what to do with nuclear waste. All we can do is store it until then.” The Department of Minerals and Energy published a draft radio-active waste management policy for comment in 2003. Nothing has been heard of the draft since. Pelindaba is storing nuclear waste from as far back as 1965. About 45 000 drums of low-level nuclear waste are stored at its Pelstore facility, used as a uranium-enrichment plan until decommissioned in 1995. Bredell also revealed that the facility for storing high-level nuclear waste, the Thabana trenches, did not comply with international standards. “It is not that it’s not safe,” he said. “The international community raised the bar for high-level storage facilities.” Thabana was recently renamed after workers dubbed it “Radiation Hill”. Bredell said that when the government identified a suitable site, the high-level waste would be relocated from Thabana to a deep-level depository, most likely in the Northern Cape. Earthlife Africa has repeatedly cri-ti-cised the government for approving and investing in the pebble bed modular reactor (PBMR) without a plan for dealing with nuclear waste. Earthlife’s Richard Worthington said there was concern that the authorities were taking so long to finalise a plan. Industry favoured underground storage, and the government apparently leaned towards this option. “We want an above-ground facility in order to monitor the waste,” he said. “The corporations who produced the waste should be its guardian for life — responsibility should not pass to government.” Tom Ferreira, the PBMR’s communication manager, insisted the first 40 years of waste storage would not pose a problem, as the PMBR plant could store the spent fuel in dry storage tanks for the power station’s expected lifespan. However, he conceded that the lack of a final policy had been a “small Achilles heel”. The PBMR reactor will generate about 35 tons of spent fuel pebbles a year, of which 1,5 tons will be depleted uranium. Meanwhile, nuclear expert Kelvin Kemm shed light on the government’s recent furious attack on Earthlife during a media tour of Pelindaba last week. “Irresponsible rumour-spreading” could adversely affect international perceptions of South African nuclear technology such as the PBMR, which could be a huge money-spinner for the country, Kemm said. Ferreira said that a “conservative” 2 % share in the world’s $100-billion power-station market would generate $2 billion (about R12 billion) a year for South Africa, making the project highly profitable. The company also planned to bid for the $1,1 billion hydrogen production project at the Idaho National Environmental and Energy Laboratory, opening up the United States energy market to the South Africa. Repeated attempts to get comment from the goverment failed. All material copyright Mail&Guardian. ***************************************************************** 30 Salt Lake Tribune: 34 now-closed bases are still toxic despite being Superfund sites Article Last Updated: 05/13/2005 01:41:56 AM Costs in the billions.: As more closures are in the works, the EPA says it may be a decade before many are completed By John Heilprin The Associated Press WASHINGTON - Thirty-four military bases shut down since 1988 are on the Environmental Protection Agency's Superfund list of worst toxic waste sites - most of them for at least 15 years - and not one is completely cleaned up. As the latest base-closing commission begins its work, an examination by The Associated Press shows EPA concerned with incomplete pollution cleanups at more than 100 Defense Department facilities. Other military-related cleanups are being led solely by states. Of the $23.3 billion in costs from four previous rounds of base closures and realignments, the Pentagon has spent $8.3 billion so far on pollution cleanups and other compliance with environmental laws, congressional investigators say. EPA officials say it will be at least a decade before many are completed - at a cost the government estimates will reach an additional $3.6 billion. They anticipate more military facilities will be added to the Superfund list after the newest round of base closings is completed. The Pentagon plans to give a list of recommendations to the Base Realignment and Closure Commission today, the first major step in the process. ''A large majority of these [Superfund] sites will have all the remedies in place by 2015,'' said Jim Woolford, head of EPA's Federal Facilities Restoration &Reuse Office. ''It may take longer to remove them from the list because of groundwater contamination or unexploded ordnance.'' However, it is the cleanups still under way that pose the most frequent obstacles to the Pentagon's ability to cut costs by converting an installation to other uses. Hard-to-remove contaminants include trichloroethylene, a cleaning solvent linked to cancer, as well as asbestos-tainted soil, radioactive materials and leaded paint. ''The environmental issues, including what type of cleanup needs to be done, have been the main holdup on all of these places,'' Pentagon spokesman Glenn Flood said. ''We'll get it done, but it's going to take time in some cases as we work with the communities.'' For the Air Force, 98 percent of the delays in transferring 24,000 acres from military hands are due to environmental issues. For the Army, it's 82 percent of 101,000 acres. For the Navy, it's 65 percent of almost 13,000 acres, says the General Accountability Office. The GAO, Congress' investigative arm, found the Defense Department has saved $29 billion, and can expect to save $7 billion more, from the closures. About 72 percent of the property has been unloaded, but 28 percent remains in federal hands ''due primarily to the need for environmental cleanup,'' the GAO said in a report this month. The Pentagon insists progress is being made but that it takes time to involve communities. ''You don't know what you have until you do a thorough examination, and it can result in some delays,'' Flood said ''It's never going to be fast enough for some communities.'' Flood said the base closures actually speed decontamination. ''We have to clean them up whether they close them or not. With BRAC, they just move to the head of the line,'' he said. Since the Superfund program began in 1980 to clean up the nation's most hazardous waste sites, base closure commissions in 1988, 1991, 1993 and 1995 made recommendations that led Congress to shut down 97 bases. Twenty-eight of the 34 closed bases put onto the Superfund list were added at least 15 years ago, including 11 that went on a year before the first round of base closings. Woolford attributed the delays in finishing those cleanups to the sites' complexity. ''Unlike the typical Superfund private-party sites, these sites are much larger and will generally have more contamination, and consequently take longer to clean up,'' he said. EPA lists 10 sites where ''groundwater migration'' of contaminants is not considered to be fully under control yet. Five are in California; the others are in Arizona, Florida, Tennessee, Oregon and Utah - the Tooele Army Depot. Two of the sites, California's Fort Ord near Monterey and the Memphis Defense Depot in Tennessee, also note ''human exposure'' to possible health risks. © Copyright 2005, The Salt Lake Tribune. ***************************************************************** 31 Salt Lake Tribune: Panel: Send N-waste to temporary site by '06 Article Last Updated: 05/13/2005 01:20:00 AM By Robert Gehrke The Salt Lake Tribune WASHINGTON - A House subcommittee wants the Energy Department to start sending nuclear reactor waste to an interim storage site by next year. The proposal's possible impact on a planned temporary storage center in Utah, which would be operated by private owners, is unclear. But the House backers of a new public waste storage alternative want it in place before the Utah site is scheduled to be operating. Rep. David Hobson, R-Ohio, chairman of the House subcommittee that sets the Energy Department budget, on Thursday added $10 million to the bill, directing DOE to select one or more above-ground sites that can store spent fuel by 2006. The temporary site would address the need for storage until a permanent repository in Yucca Mountain, Nev., can be opened. Private Fuel Storage, a consortium of electric utilities, has proposed a privately funded and operated fuel storage site on the Skull Valley Band of Goshutes Indian reservation. PFS is awaiting a license from the Nuclear Regulatory Commission, but is not expected to be operating before 2007. Hobson's language also asks the Energy Department to study reprocessing spent fuel, and have a reprocessing technology selected by 2007. Hobson told The Associated Press he wants to move the waste before the opening of Yucca Mountain, which would occur in 2012 at the earliest. "We're incurring a lot of litigation when we don't get the spent fuel rods out from these power plants like we said we we're going to do," he said. "This way we could eliminate that, cut down on the security problems they have, and put them into some above-ground sites." PFS spokeswoman Sue Martin said she could not say for certain how Hobson's proposal might affect the Skull Valley proposal, assuming Hobson's aggressive schedule could be met. "It doesn't really change our plans because you see how long it's taken to plan and go through the licensing process for our facility and it would probably take DOE just as long. . . . In the meantime, the [power plants] are continuing to run out of space," Martin said. "I think it would be an important thing for Congress to approve, but it doesn't obviate the need for our facility at this time." She said it could mean the Skull Valley site would not be in operation as long, adding "and that's fine." The energy spending bill containing Hobson's storage proposal is still in the early stages. It still would require approval of the House Appropriations Committee, the full House and Senate and the president. Thousands of tons of commercial reactor fuel and defense waste are scattered around 39 states. The Bush administration is committed to moving it to Yucca Mountain, but a string of problems - most recently allegations that workers falsified scientific data - have delayed the project. © Copyright 2005, The Salt Lake Tribune. ***************************************************************** 32 Greenpeace: Leak forces Sellafield to close Last edited: 13-05-2005 A large leak of highly radioactive liquid nuclear waste in a Sellafield nuclear waste reprocessing plant has forced British Nuclear Fuels (BNFL) to shut one of its main facilities. Earlier this week an estimated 83 cubic metres of liquid, which contains about 20 tonnes of highly radioactive spent nuclear waste fuel dissolved in nitric acid, leaked into an enclosed stainless steel chamber in the Thermal Oxide Reprocessing Plant (THORP). BNFL says there is no danger to the public, but the chamber is now too radioactive to enter. Clean-up will cost millions and may lead to increased risks for those workers who have to undertake the recovery operation. There's a clear link. The Sellafield plant, which has a history of technical problems and financial losses, was built by BNFL, which also owns Westinghouse - the company that wants to sell new reactors to the UK. BNFL has made many claims about how safe, efficient and cost-effective the Sellafield reprocessing plant would be. BNFL and Westinghouse are now making the same claims about the new, untried, untested reactor design that they want built in the UK. BNFL has already left us with a legacy of radioactive waste that no one wants and taxpayers are being forced to pay for. The same company is now asking us to stump up yet more in subsidies to allow it to build a new fleet of dangerous and environmentally damaging reactors. Waste not, want not At the Sellafield reprocessing plant, intensely radioactive spent fuel is dissolved and the unused uranium and weapons-useable plutonium is separated from high level liquid wastes. The spent fuel is transported from nuclear power stations in the UK, Europe and Japan, the transport of which also poses grave security and environmental risks. The original idea was that the uranium and plutonium separated in this way would be reused for reactor fuel. But today most nuclear utilities do not have an economically viable use for the separated material; leaving reprocessing a pretty much pointless activity which does nothing to reduce the amount of radioactivity we have to deal with and which actually increases the volumes of nuclear waste we have to manage. The uranium and plutonium separated from British waste fuel is simply stockpiled. It would be perfectly feasible to store the spent nuclear waste fuel, rather than reprocess it which incurs much more risk and cost. Similarly, there are no contracts by some of BNFL's foreign customers to reuse the uranium and plutonium recovered through reprocessing, posing the question of how and when this material - particularly the weapons-usable plutonium - will be returned. Who's paying for it? Charged with cleaning up all of this useless waste is the newly formed Nuclear Decommissioning Authority which took over ownership of Sellafield at the beginning of April. The authority was set up by the government with a remit to clean up the nuclear industry's radioactive waste legacy. It has a ᆪ2.2 billon cleanup budget for its first year of operation. However, the authority is also expected to get almost half its income from operating nuclear facilities like the Sellafield reprocessing plants which continue to produce nuclear waste. It was estimated that the income from Sellafield's THORP reprocessing plant for the coming year would have contributed ᆪ560m to the authority's coffers. The accident looking like a financial disaster for the authority, and the taxpayer, since income from THORP, calculated to be more than ᆪ1m a day, is supposed to help pay for the cleanup of redundant nuclear facilities. It might now prove to be an even bigger drain on the public purse if the government has to fund the recovery and clean up operations. BNFL is claiming it cannot give an exact time for how long the plant is expected to be closed, but it is likely to be four to six months at the very least. That means approximately ᆪ120m-ᆪ180m in lost earnings - and doesn't include the massive costs of clean up! Because of the Sellafield reprocessing leak, the Nuclear Decommissioning Authority will now find itself short of cash for the urgent task of cleaning the nuclear industry's mess, unless the government bails it out with yet more taxpayers' money. What should happen now? The cost of cleaning up and repairing THORP could prove to be massive. Now is the time for the Nuclear Decommissioning Authority to review the future of the plant and consider leaving it closed. This would avoid any more unnecessary reprocessing, lessen the amount of radioactive waste created and discharged and also lessen the impact on the public purse. ***************************************************************** 33 Courier-Post: Judge: Let water out of landfill Friday, May 13, 2005 Officials vow to press EPA on discharge from GEMS By LAWRENCE HAJNA Staff GLOUCESTER TWP. A federal judge has ruled that the state and Camden County Municipal Utilities Authority must comply with a federally endorsed plan that calls for the discharge of water from the GEMS Landfill Superfund site to county sewer mains. The discharge of the water, tainted with low levels of radionuclides prior to going through a pretreatment plant on the site, could begin in a little over a month. But U.S. Rep. Rob Andrews, D-Haddon Heights, a chief critic of the plan, vows the battle is not over. "These fights have many, many rounds," he said. "This is a round we lost. We didn't lose the fight. The fight will continue." Andrews said he will encourage the state Department of Environmental Protection and CCMUA to appeal the plan. He also hopes to meet with federal Environmental Protection Agency acting regional administrator Kathleen Callahan to persuade her to change the agency's position. Camden County Freeholder-Director Louis Cappelli Jr. acknowledged the decision is a critical blow to opponents. But he vowed to keep up political pressure on the EPA to consider on-site treatment of the water. "That's really what's in everyone's best interests," he said, adding county attorneys will review the possibility of appealing to the U.S. Supreme Court. State Department of Environmental Protection Commissioner Bradley M. Campbell said he was disappointed with the decision but said no decision has been made regarding an appeal. Plan on hold The CCMUA discharge plan has been on hold for more than three years as the result of opposition from environmental groups, state and federal lawmakers, and citizens. The EPA and a trust of former landfill users want to clean up water tainted with conventional contaminants by first treating it on-site then sending it to the CCMUA for final treatment and discharge to the Delaware River. The CCMUA balked when uranium and radium were found in the water. In 2003, the state Legislature passed a law aimed at banning the discharge from the federal Superfund site. By the end of the year, the DEP filed a motion arguing on-site treatment would be preferable, raising the possibility that radionuclides resulted from past dumping. But, in a decision released Thursday, U.S. District Judge Jerome B. Simandle ruled that state law cannot pre-empt a 1997 federal consent decree that outlined plans for the discharge. He also found that the DEP did not provide evidence that radioactive elements resulted from anything but natural mineral deposits. He wrote that an "exhaustive" search by the federal Nuclear Regulatory Commission last year found no evidence of past nuclear-waste dumping. "There is simply no basis for concluding that the pretreated effluent of the GEMS site in general, or the radionuclide component in particular, will pose any measurable risk to the residents of Gloucester Township or (to) Camden where the regional treatment plant is located," Simandle wrote. Superfund site GEMS, which stands for Gloucester Environmental Management Services, is a municipal landfill that shut down around 1980. It was added to the federal Environmental Protection Agency's list of Superfund sites two years later. The EPA, which supports the discharge plan, is reviewing the decision. "Obviously, we're very pleased," said EPA spokesman Jim Haklar. Gary Lesneski, an attorney for the GEMS Phase II Trust made up of former users paying for the landfill's cleanup, said the trust was gratified by the judge's decision. "The trust has always believed that it was acting in the best interests of all of the parties involved in this matter, and in full compliance with the law," Lesneski said. A pretreatment plant the trust built to remove conventional landfill contaminants as well as the radionuclides before the water is sent to the CCMUA has been idle since a pilot test concluded at the end of 2002. "I can't tell you the specific day that we'll turn the system back on," Lesneski said. "We're starting the process of making sure we're ready to go." Simandle review The issue, one of the most contentious environmental issues in South Jersey, has been quiet for more than year, while Simandle reviewed the DEP suit. He wrote: "It is understandable that the mention of radionuclides and uranium, whatever the quantities, provokes sincere concerns for health and well-being of the communities from Gloucester Township to the CCMUA regional treatment plant in Camden, But he added: "Hopefully all citizens are reassured by the careful study and consideration given to achieve and implement a suitable, safe and environmentally responsible remedy for a long-standing environmental problem." Sharon Finlayson, chairperson of the New Jersey Environmental Federation and a key opponent of the sewer-discharge plan, fears the ruling sets a precedent that will allow the EPA to send polluted water into public sewer systems across the country. Cindy Rau-Hatton, a Gloucester Township resident who formed Citizens Against a Radioactive Environment as a result of the controversy, continued to argue that the trust should build a full-scale treatment plant at the landfill. "I don't think the environmental community is going to give up on this yet," she said. WHAT'S NEXT + The Camden County Municipal Utilities Authority has 30 days to issue a final permit allowing the discharge of groundwater from the GEMS Superfund site to its sewer system. Reach Lawrence Hajna at (856) 486-2466 or ***************************************************************** 34 Las Vegas SUN: Hawthorne Army Depot on proposed base closing list Today: May 13, 2005 at 12:31:13 PDT By SANDRA CHEREB ASSOCIATED PRESS RENO, Nev. (AP) - The Army Ammunition Depot in Hawthorne was recommended for closure by the Pentagon on Friday, while other military bases in the state would be realigned or gain personnel and responsibilities. The depot, located 90 miles southeast of Reno in economically depressed Mineral County, is the only Nevada base among the more than 150 nationwide the Defense Department is recommending be shuttered. But the recommendations also include "realigning" the Air National Guard in Reno. That move would mean the loss of 23 military and 124 civilian positions, Sen. Harry Reid's office said. Nellis Air Force Base in southern Nevada stands to gain under the plan, but Capt. Steven Rolenc, a base spokesman, said Friday he had no immediate details. Nellis, just north of Las Vegas, has air warfare, weapons, ground operations and threat training schools. It hosts regular Red Flag air combat training exercises, and is home to the Air Force Thunderbirds aerial demonstration team. Officials at Naval Air Station in Fallon, 60 miles east of Reno, weren't immediately available for comment. Fallon is home to the Navy's elite "Top Gun" fighter school training program. But it would be Hawthorne that loses the most in Nevada under the military downsizing proposal. "It will have a fairly significant impact on the local population," said Lt. Col. Johnny Summers, commander of the depot that has been the town's biggest employer for decades. The ammunition depot opened in 1930. During World War II, it employed about 3,000 people and remains the town's largest employer, Summer said. A private contractor, Day and Zimmermann Hawthorne Corp., has basically run the deport for the last 25 years and employees 485 people, Summer said. In addition, there are about 60 government and military personnel. More than 1,600 earth-covered concrete bunkers house artillery shells and bombs. But high-tech weapons systems and smart bombs have chipped away at the military's need for such storage sites, officials have said. Before closures or downsizings can take effect, the Defense Department's proposal must be approved or changed by a federal base closing commission by Sept. 8, and then agreed to by Congress and President Bush, in a process that will run into the fall. -- ***************************************************************** 35 Bradenton Herald: Tallevast tribute planned | 05/13/2005 | View a map of the new estimated pollution plume (PDF SYLVIA LIM Herald Staff Writer MANATEE - After dealing with environmental contamination and potential health hazards for more than a year, tired Tallevast residents feel it's time for silent reflection. A candlelight vigil slated for Saturday evening, "A Tribute to a Neighborhood Compromised," gives residents a chance to pray and share their thoughts and troubles, organizers say. "Basically, we thought we had a future. We no longer see a future," said Wanda Washington, vice president of Tallevast advocacy group Family Oriented Community United and Strong. "We're just asking for prayers, particularly for Tallevast, for everyone." Organizers describe a somber atmosphere in Tallevast, where anxiety mounts about groundwater contamination caused by the former Loral American Beryllium Co. plant. Residents cited health problems, depreciating property values and shelved home and neighborhood improvement plans. "It's depressing around here," Washington said. "The stories that you hear are getting sadder and sadder. Everyone's in a turmoil of what they can do and they can't do." Residents are also upset that their pleas for information are falling on deaf ears. They've asked state and local government officials for answers as to what they could do with their properties and for information about the boundaries of the contamination. "I feel like the county is doing its part to relate to them the information as we obtained it," said County Administrator Ernie Padgett. "That being said, I can certainly understand their feelings." Scheduled to be held at the Mt. Tabor Missionary Baptist Church on Tallevast Road, the tribute is expected to draw up to 125 participants, including local, state and federal lawmakers, said Laura Ward, FOCUS president. Though events for the hour-long vigil are still being finalized, Ward said the time is ripe for such a gathering. "It gives us an opportunity to bring community together, rather than just in the community meetings every month where you listen to someone else," she said. "It gives us a chance to sit and reflect, and give tribute to people in a community who are or have been affected by the contaminant." Sylvia Lim, criminal justice reporter, can be reached at 745-7041 or slim@HeraldToday.com. HeraldToday.com Find all the background information and a map of the toxic plume online If you go WHAT: 'Paying Tribute to a Neighborhood Compromised,' a candlelight vigil WHERE: Mt. Tabor Missionary Baptist Church, 1703 Tallevast Road WHEN: 7:30 p.m., Saturday ***************************************************************** 36 Seattle Post-Intelligencer: Closing arguments heard on Hanford [seattlepi.com] Friday, May 13, 2005 THE ASSOCIATED PRESS SPOKANE -- Federal court jurors are being asked to sort through expert opinions and decide whether radiation releases from Hanford plutonium plants sickened people who lived downwind from the federal nuclear reservation. The U.S. District Court jury must determine whether the thyroid diseases of the six plaintiffs were "more likely than not" caused by Hanford releases and whether any compensation should be awarded. Jurors listened to closing arguments yesterday and will begin deliberations soon. The plaintiffs were infants or young children in Eastern Washington when the massive releases of radioactive iodine-131 occurred in the mid-1940s. They are considered representative of nearly 2,300 people who have filed claims against the early Hanford contractors. The outcome of this trial will determine whether other downwinder trials go forward or new settlement talks start. Radiation experts called by the plaintiffs testified they believe the thyroid cancers and thyroiditis of the five women and one man were caused by iodine-131 from Hanford. Defense lawyers called epidemiologists who said it is not possible to link radiation to individual cancers. The plaintiffs' lawyers called medical and technical experts to rebut the conclusions of government disease studies. The plaintiffs also testified. "They want this case tried on sympathy, and not on science," lead defense lawyer Kevin Van Wart told jurors yesterday. The defense based much of its case on the $22 million Hanford Thyroid Disease Study, which found no evidence of abnormally high rates of thyroid disease among downwinders. Plaintiff lawyer Louise Roselle called the study flawed and reminded jurors they only have to find just more than 50 percent probability that Hanford caused the plaintiffs' health problems. [Seattle Post-Intelligencer] 101 Elliott Ave. W. Seattle, WA 98119 (206) 448-8000 Send comments to newmedia@seattlepi.com ***************************************************************** 37 Tri-City Herald: Panel agrees to restore Hanford budget This story was published Friday, May 13th, 2005 By Annette Cary, Herald staff writer The House Armed Services Subcommittee agreed Thursday to restore $122 million to the Hanford budget for fiscal year 2006, the first of many steps needed to increase the proposed budget. However, that still would leave the budget $145 million below the current year's budget of nearly $2.1 billion. The Department of Energy has proposed a $267 million cut to the Hanford budget in the next year. All 14 U.S. congressional representatives from Oregon and Washington have joined together to ask that most of that money, $239 million, be restored to the budget. Thursday's effort to get the amount DOE proposed increased by $122 million was led by Rep. Rick Larsen, D-Wash., who serves on the subcommittee. The subcommittee's recommendation must go to the full committee and then to the House floor while a similar process is followed in the Senate. In addition, appropriations committees also will be determining how much money should be spent and do not have to follow the blueprints developed by authorization bills, such as the one marked up Thursday. The Armed Services Subcommittee proposal would restore funding at the vitrification plant to $690 million, according to Heart of America Northwest. That's the amount Northwest lawmakers have called for, after DOE has said that level of funding is needed to complete construction by 2011. The $5.8 billion plant would turn millions of gallons of radioactive waste, some of it stored in underground tanks since World War II, into stable glass logs for disposal. Recent difficulties at the construction project, including a new earthquake study that shows design standards need to be increased, are expected to increase the cost of the plant and extend the schedule. The additional money proposed by the subcommittee also includes about $45 million for tank waste projects. DOE had proposed an $89.4 million reduction in spending for managing the underground tanks, and the Northwest Congressional delegation had asked that $70 million be restored. Waste is being retrieved from older tanks and DOE is investigating alternate processes for treating waste that will not be handled at the vitrification plant as currently planned. The remaining $13 million proposed by the subcommittee would apparently be used for work in central Hanford, although the committee's intent is unclear, according to Heart of America. The committee language refers to cleanup work along the Columbia River corridor, but the line item listed covers the start of removal of massive processing plants and work to dig up burial grounds in central Hanford. The Northwest Congressional delegation called for $40 million to be restored to the budget for cleanup work along the river and $65 million to be restored for work in central Hanford. © 2005 Tri-City Herald, Associated Press &Other Wire Services ***************************************************************** 38 SF Chronicle: BERKELEY / UC has big rival bidding to run Los Alamos lab University of Texas, Lockheed Martin announce alliance Keay Davidson, Chronicle Science Writer Friday, May 13, 2005 The competition facing the University of California as it tries to hang onto its six-decade management contract of the Los Alamos National Laboratory grew more formidable Thursday when Lockheed Martin and the giant University of Texas system joined arms in a bid to take over running the nuclear weapons lab. The UT Regents voted Thursday to authorize Chancellor Mark Yudof to join with the aerospace giant in a joint bid for the next Energy Department contract for Los Alamos. The regents also voted to appropriate $1.2 million for preparing the joint proposal with Lockheed Martin. The announcement out of Texas came the day after the University of California announced it would partner with San Francisco-based Bechtel Corp. in its bid to retain the contract to run the lab where the atomic bomb was born. The UC Regents haven't formally voted whether to join the competition, but Wednesday's announced union with Bechtel indicated that top university officials hoped to do so. Loss of the Los Alamos contract could be a blow to the prestige of UC and the state of California at a time when the Golden State has no lack of headaches. The University of Texas move represents "a historic opportunity for the UT system," James Huffines, chairman of the system's board of regents, said in a statement. "The work of Los Alamos is fundamental to our national security. As one of the finest institutions in the country, we have a duty to pursue this proposal." A banker, Huffines was a member of the National Finance Committee of George W. Bush for President 2000. Two years ago, after repeated financial, safety and other scandals at Los Alamos, the Energy Department and Congress ordered that future Los Alamos contracts be open to competition. In public at least, University of California officials remained confident Thursday that Texas' ties to the Bush administration wouldn't influence the U. S. Energy Department's choice of the next lab contractor. "We fully expect that there'll be no politics involved in the final decision and that the decision will be made on the scientific and technical merits of the proposals," said UC spokesman Chris Harrington, adding: "The UC is the largest public research institution in the world with a very eminent faculty. The awards and recognition that our faculty have won are tremendous." Harrington said he expected the Energy Department to issue its final specifications for would-be competitors later this month; applications are likely to be due 90 days later, Harrington said. The present contract expires in September. Apparently alluding to reports that Northrop Grumman would join the competition for Los Alamos, Yudof said in a statement Thursday that "we believe we (Texas) have the winning combination to win this bid. We wouldn't be entering if we didn't think we would be successful." The move represents some backtracking, however: UT officials originally considered joining the competition last year but backed out in January after spending $500,000 exploring the possibility. At that time, a Yudof spokesman told The Chronicle the chancellor had made the decision to drop out after "learning more about what all would be necessary to effectively and efficiently manage one of the nation's premier national labs." On Thursday, UT officials rejoined the competition after Lockheed Martin executives persuaded them to participate in a dual bid. UT has 15 campuses, an annual budget of $8.5 billion and more than 180,000 students. E-mail Keay Davidson at kdavidson@sfchronicle.com. Page B - 1 San Francisco Chronicle] ***************************************************************** NOTE: In accordance with Title 17 U.S.C. section 107 this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: *****************************************************************