***************************************************************** 07/15/05 **** RADIATION BULLETIN(RADBULL) **** VOL 13.162 ***************************************************************** 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 Irna: Iran, Russia discuss closer cooperation - 2 Irna: Russia determined to continue nuclear cooperation with Iran - 3 Xinhua: US urges DPRK to engage in talks "in constructive manner" 4 Japan Times: Priorities in the six-party talks 5 US: [southnews] US to Test Massive 'Bunker-Busting' Missile 6 Guardian Unlimited: U.S. Rejects China General's Nuke Remarks 7 US: St. Louis Post-Dispatch: The atomic bomb turns 60 8 US: DEFENSE NUCLEAR FACILITIES SAFETY BOARD: privacy act 9 US: SF Chronicle: Radical nuclear weapons overhaul recommended 10 Guardian Unlimited: Unanswered questions still surround the sinking 11 BBC: Cold War bunker fails at NUCLEAR REACTORS 12 US: Epstein Out; Nuclear & Safety Issues in Play 13 US: NRC: NRC Schedules Regulatory Conference to Discuss Crystal Rive 14 US: San Luis Obispo Tribune: Diablo study is a nod to safety 15 US: NRC: NRC Issues $60,000 Fine for Inattentive Control Room Superv 16 US: Lancaster Online.com: NRC ups TMI oversight following training l 17 US: APP.COM: Put evacuation to the test 18 canada.com: Fort St. John N.B. may still refurbish plant 19 canada.com: Liberal leaders from N.B. and P.E.I. agree nuclear power 20 canada.com: N.B. government considers nuclear facility retrofit with 21 CBC New Brunswick: Lord will decide on Lepreau in 2 weeks NUCLEAR SECURITY 22 Guardian Unlimited: Reactor on Olympic site no cause for alarm NUCLEAR SAFETY 23 US: [du-list] COUNTERPUNCH: DU - States Take Action to Protect 24 US: Cibola County Beacon: Attorney explains claim E to miners NUCLEAR FUEL CYCLE 25 AU News.com.au: Northern Territory named for new dump 26 NEWS.com.au: Dump confirmed for NT 27 Nevada Appeal: Bryan honored for public service with building dedica 28 AU ABC: Critics slam NT nuclear waste dump 29 AU ABC: Union seeks risk assessment for nuclear waste transport 30 US: Yahoo: Australia's Deep Yellow Plans Uranium Acquisitions 31 Las Vegas SUN: State building named in honor of Richard Bryan 32 Las Vegas SUN: Porter prepared to turn up heat on e-mails 33 US: Salt Lake Tribune: Transportation Dept. prepares for nuke hauls 34 US: Sioux City Journal: Kansas, other states not ready to give up 35 US: NRC: RIN 3150-AH72 Spent fuel casks 36 US: Mos News: France Blocking Russia’s Entry to Spent Nuclear Fuel M 37 AU ABC: NT chosen as site of new waste dump 38 AU ABC: NT set to oppose Govt nuclear waste plan 39 US: NRC: RIN 3150-AH72 spent fuel casks 40 AU ABC: Union seeks risk assessment for nuclear waste transport. PEACE US DEPT. OF ENERGY 41 SF Chronicle: LIVERMORE / Remove plutonium from lab, task force says 42 KRQE News 13: Group recommends combining Sandia, LANL 43 Newsday.com: Judge dismissed BNL pollution suit 44 DOE: Environmental Management Site-Specific Advisory Board, Rocky 45 DOE: Biological and Environmental Research (BER); Federal Interagenc ***************************************************************** ***************************************************************** FULL NEWS STORIES ***************************************************************** ***************************************************************** 1 Irna: Iran, Russia discuss closer cooperation - Moscow, July 15, IRNA Iran-Lavrov-Meeting Iranian Ambassador to Russia Gholam-Reza Ansari and the Russian Foreign Minister Sergei Lavrov in a meeting here Friday exchanged views on cooperation on the national, regional and international levels. During the meeting, the two sides reviewed the latest position of collaboration in the fields of politics and economy as well as peaceful nuclear projects. For his part, Lavrov underlined the significance of Iran's membership in Shanghai Cooperation Organization (SCO) and referred to its impact on expansion of regional collaboration. The Iranian diplomat hoped that SCO will manage to play an active role in settling the regional issues. Ansari thanked the timely amicable message of congratulation addressed to the President-Elect Mahmoud Ahmadinejad by the Russian President Vladimir Putin and noted that expansion of mutual ties will secure the interests of both sides. During the meeting, both sides dismissed the interference of the ultra-regional states in the Caspian Sea security and reiterated the need for closer intra-regional cooperation. Meanwhile, the two officials reminded the need to expedite the process of drawing up the convention of the Caspian Sea Legal Regime. Besides, Lavrov and Ansari exchanged views on energy and transportation. Lavrov also expressed the will of Russian enterprises to participate in Iran's oil and gas projects. ***************************************************************** 2 Irna: Russia determined to continue nuclear cooperation with Iran - Moscow, July 15, IRNA Iran-Russia-Nuclear In a meeting with head of the Russia Federal Atomic Energy Agency Alexander Rumyantsev here Thursday declared the firm determination of his country to continue peaceful nuclear cooperation with Iran. Speaking to reporters, he added that Russia will also participate in establishment of a nuclear power plant in the Islamic Republic of Iran. Rumyantsev noted that Iran is definitely entitled to set up atomic power stations, given that they will help boost its economy and industries. Turning to the draft on construction of 20 more new power stations examined by Majlis, he underlined that Russia cannot manage to help Iran establish twenty power plants simultaneously. He added that obviously the cooperation of other countries in these projects is required. He pointed out that establishment of new power stations in Iran will provide a competitive market. The Russian official hoped that his country will be a forerunner in this respect. He referred to the US sensitivity towards cooperation between Iran and Russia on peaceful nuclear issues and said that US criticizes Iran that it intends to produce its required nuclear fuel, which could be used for non-peaceful purposes. "We propose Iran to purchase its required nuclear fuel from other countries and to return the waste fuel, given that from economic point of view this will be to its interest. However, Iran is legally entitled to produce its required atomic fuel," he added. Rumyantsev noted that Iran-Russia collaboration is not limited to nuclear issues and termed Iran as one of the best trade and economic markets both in the region and worldwide. "We intend to bolster our cooperation with Iran in the domains of gas and oil extraction, transportation, North-South Corridor, launching Zohre satellite and purchase of goods produced by the Iranian small industries including carpets, handicrafts and foodstuff. As the head of Iran-Russia Commission, Rumyantsev once more referred to the great potentials of both sides and reiterated the need to broaden trade and economic collaboration. He put the current volume of trade exchange between the two states at two billion dollars, which shows a twofold boost compared to the similar figure of the past years. "However, such a figure is not satisfactory to any of the two countries. The volume of the trade exchanges should be increased 10 times in the future and reach 20 billion dollars," he added. Rumyantsev expressed confidence that collaboration between the two states will broaden in future. Go Top [Go Top] ***************************************************************** 3 Xinhua: US urges DPRK to engage in talks "in constructive manner" www.xinhuanet.com www.chinaview.cn 2005-07-16 04:14:33 WASHINGTON, July 15 (Xinhuanet) -- The United States urged the Democratic People's Republic of Korea (DPRK) on Friday to engage in the six-party talks "in a constructive manner" and give up its nuclear weapons. "We are talking about the modalities with other members of the six-party talks, but we are ready to roll up our sleeves and engage in a discussion. But what has to happen first is we need the North Koreans to engage in a constructive manner, respond to the proposal that they have before them," State Department spokesman Sean McCormack said at a briefing. The United States put forward a proposal to solve the DPRK nuclear issue during the last round of six-party talks in Beijing in June last year, but the DPRK has criticized the proposal as unbalanced. "We're ready to see if the North Korean government has made a strategic decision to give up its nuclear weapons," McCormack said. The DPRK has agreed to return to the six-party talks in the week of July 25. The talks were stalled in the third round of talks held in June last year. Enditem Copyright ©2003 Xinhua News Agency. All rights reserved. ***************************************************************** 4 Japan Times: Priorities in the six-party talks Saturday, July 16, 2005 EDITORIAL The next round of six-party talks, the multilateral negotiations over North Korea's nuclear-weapons programs, are scheduled to resume the week of July 25 in Beijing. While it is unclear what motivated North Korea to return to the talks, success will depend on whether the other five parties -- Japan, the United States, South Korea, China and Russia -- can convince Pyongyang that nuclear weapons do not enhance its security but rather detract from it. To do so, the five governments must work out a strategy that enables them to speak with one voice. Much has transpired since the last round of talks, which was held over a year ago. At that meeting, the U.S. finally put a detailed proposal on the table: It reportedly provided the long awaited road map that spelled out what Pyongyang could expect in return for agreeing to the dismantlement of its nuclear-weapons programs. Instead of responding, though, the North suspended participation in the talks, citing hostile comments by the government in Washington. Pyongyang was most likely waiting for the outcome of the U.S. presidential elections, hoping for a "regime change" in Washington that would soften the U.S. position. Those hopes were frustrated by the re-election of President George W. Bush, but North Korea continued to hold out, awaiting clarification of U.S. policy. When things were clarified, Pyongyang remained unhappy with the results. The North demanded that Washington end its "hostile policies" and retract statements calling North Korea "an outpost of tyranny" and referring to supreme leader Kim Jong Il as "a tyrant." In an attempt to up the ante, North Korea on Feb. 10 declared itself a nuclear-weapons state, a move aimed at transforming relations among the six parties and shifting negotiations from the focus on the North to disarmament throughout the region. The statement was a tactical mistake. It was ignored, and it helped convince Seoul and Beijing, North Korea's two most important supporters, that Pyongyang was the cause of this crisis, rather than Washington. As a result, both governments have become less tolerant of the North's tactics and demanded that it return to the talks. Seoul, in particular, has taken a harder line and conditioned assistance to the impoverished country on a resumption of negotiations. The U.S. has helped by repeating earlier statements that it respects North Korean sovereignty and has no intention of invading or attacking. Mr. Bush has gone out of his way to offer the respect that North Korea's leader craves by referring to him as "Mr. Kim." That may have given North Korea the "victory" it needed to return to the negotiations. South Korea's promise to provide fertilizer and rice sweetened the pot. Finally, the prospect of 2 million kilowatts of electricity -- Seoul's latest offer to the North, conditioned on the dismantling of its nuclear program -- gives Pyongyang an incentive to discuss the U.S. proposal. Getting the North back to the table is a step forward, but it is only that; talks for the mere sake of talking is not progress. There must be genuine movement toward eliminating North Korea's nuclear-weapons programs and dismantling the stockpiles of plutonium and whatever weapons the North now claims to have. Getting Pyongyang to do that requires that the other five parties speak with one voice and insist on denuclearization. Those other five parties must also be ready to meet North Korea's legitimate security needs. Some form of security assurances are needed, as is economic assistance. Resumption of the talks poses particular problems for Japan. It, perhaps more than any other country, is threatened by the North's nuclear arsenal. Pyongyang is unlikely to target China, Russia or South Korea, and does not yet have the capability to threaten the U.S. with its missiles. Disarmament is therefore a key security concern for Japan. But questions about the fate of Japanese abductees still top the public's agenda with the North. This issue, although emotional, pales beside the nuclear one. Japan must be ready to compromise. It can and should demand security assurances from North Korea, just as Pyongyang makes demands from its interlocutors. But it is unlikely to get more than rhetorical support for resolution of the abductee issue within the six-party framework. The other governments will focus on nuclear-related questions and large-scale economic assistance, as well as on a broader conceptual framework for normalizing relations among all six parties. That is the setting in which Tokyo and Pyongyang will be able to settle the abductee issue. It is not going to be a very satisfactory situation, but it is important that Tokyo focus on priorities. Only a unified position will get North Korea to deal, and only then will Japan be able to settle its grievances with Pyongyang. It will be a long and frustrating process. The Japan Times: July 16, 2005 (C) All rights reserved ***************************************************************** 5 [southnews] US to Test Massive 'Bunker-Busting' Missile Date: Fri, 15 Jul 2005 01:24:44 -0500 (CDT) The United States is close to testing a new missile aimed at destroying deep bunkers where suspected weapons of mass destruction are stored, the a British science magazine New Scientist in Saturday's issue of has reported. US Close To Testing Massive "Bunker-Busting" Missile Paris (AFP) Jul 13, 2005 The United States is close to testing a new missile aimed at destroying deep bunkers where suspected weapons of mass destruction are stored, the a British science magazine has reported. Four prototypes of the new "bunker-buster" will be tested later this year by Lockheed Martin Missiles and Fire Control of Dallas, Texas, which are working with US Navy scientists on behalf of the Pentagon's Threat Reduction Agency, it says. Traditional bunker bombs are streamlined bombs whose sheer weight enables them to force through soil, rock or concrete before they detonate. The new design is different, the report, in next Saturday's issue of New Scientist, says. The missile has a blunt nose that, combined with high velocity, creates a bubble of air in front of the weapon. The idea is that the bubble forces earth out to the sides as the missile descends, creating a cavity that the weapon can slide through. The warhead could thus reach much deeper buried structures than conventional bunker-busters, the inventors hope. The principle for the weapon comes from a new generation of high-speed torpedoes, which create a gas bubble around themselves called a supercavity. A Russian torpedo of this kind, called Shkval, can move through the water at 360 kilometers (225 miles) per hour because it is essentially moving through water vapour rather than water, and resistance is thus very low. "Lockheed Martin hopes the supercavitating missile will reach 10 times the depth of the current air-force record holder, the huge BLU-113 bunker-buster, which can break through seven metres of concrete (22.7 feet) or 30 metresfeet) of earth," New Scientist says. In addition, the new weapon could carry more explosives than its predecessors. The BLU-133 needs a thick casing to resist friction, but a supercavitating missiles could have a thin casing, leaving more space for explosives or incendiaries. The Pentagon wants an incendiary payload in order to incinerate chemical or biological weapons, the report says. _______________________________________________ Top Chinese general warns US over attack By Alexandra Harney in Beijing and Demetri Sevastopulo and Edward Alden in Washington Published: July 14 2005 21:59 China is prepared to use nuclear weapons against the US if it is attacked by Washington during a confrontation over Taiwan, a Chinese general said on Thursday. If the Americans draw their missiles and position-guided ammunition on to the target zone on China's territory, I think we will have to respond with nuclear weapons, said General Zhu Chenghu. Gen Zhu was speaking at a function for foreign journalists organised, in part, by the Chinese government. He added that China's definition of its territory included warships and aircraft. If the Americans are determined to interfere [then] we will be determined to respond, said Gen Zhu, who is also a professor at China's National Defence University. We . . . will prepare ourselves for the destruction of all of the cities east of Xian. Of course the Americans will have to be prepared that hundreds . . . of cities will be destroyed by the Chinese. Gen Zhu is a self-acknowledged hawk who has warned that China could strike the US with long-range missiles. But his threat to use nuclear weapons in a conflict over Taiwan is the most specific by a senior Chinese official in nearly a decade. However, some US-based China experts cautioned that Gen Zhu probably did not represent the mainstream People's Liberation Army view. He is running way beyond his brief on what China might do in relation to the US if push comes to shove, said one expert with knowledge of Gen Zhu. Nobody who is cleared for information on Chinese war scenarios is going to talk like this, he added. Gen Zhu's comments come as the Pentagon prepares to brief Congress next Monday on its annual report on the Chinese military, which is expected to take a harder line than previous years. They are also likely to fuel the mounting anti-China sentiment on Capitol Hill. In recent months, a string of US officials, including Donald Rumsfeld, defence secretary, have raised concerns about China's military rise. The Pentagon on Thursday declined to comment on hypothetical scenarios. Rick Fisher, a former senior US congressional official and an authority on the Chinese military, said the specific nature of the threat is a new addition to China's public discourse. China's official doctrine has called for no first use of nuclear weapons since its first atomic test in 1964. But Gen Zhu is not the first Chinese official to refer to the possibility of using such weapons first in a conflict over Taiwan. Chas Freeman, a former US assistant secretary of defence, said in 1996 that a PLA official had told him China could respond in kind to a nuclear strike by the US in the event of a conflict with Taiwan. The official is believed to have been Xiong Guangkai, now the PLA's deputy chief of general staff. Gen Zhu said his views did not represent official Chinese policy and he did not anticipate war with the US. Additional reporting by Richard McGregor in Beijing Find this article at: http://news.ft.com/cms/s/28cfe55a-f4a7-11d9-9dd1-00000e2511c8,ft_acl=,s01=1.html The archives of South News can be found at http://southmovement.alphalink.com.au/southnews/ Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/southnews/ <*> To unsubscribe from this group, send an email to: southnews-unsubscribe@yahoogroups.com <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/ ***************************************************************** 6 Guardian Unlimited: U.S. Rejects China General's Nuke Remarks From the Associated Press [UP] Friday July 15, 2005 8:31 PM WASHINGTON (AP) - The State Department on Friday rejected as ``highly irresponsible'' a Chinese general's warning that China might use nuclear weapons against the United States in the event of a U.S. attack on China over Taiwan. Spokesman Sean McCormack said he hopes that the views expressed by Maj. Gen. Zhu Chenghu, a dean at China's National Defense University, do not reflect the views of the Chinese government. Zhu told Hong Kong-based reporters that if the Americans ``draw their missiles and position-guided ammunition into the target zone on China's territory, I think we will have to respond with nuclear weapons.'' Zhu stressed that he was expressing a personal view, not official policy, and was confident that China and the United States would not go to war. From what he had seen of the quotes, McCormack said, ``I would say they are highly irresponsible.'' Secretary of State Condoleezza Rice visited China last weekend and said U.S.-China relations have more positives than negatives. Of particular concern to the United States, she said, was the pace of China's military buildup. McCormack said Deputy Secretary of State Robert Zoellick will travel to China later this month to begin a dialogue on security concerns of mutual interest. Guardian Unlimited © Guardian Newspapers Limited 2005 ***************************************************************** 7 St. Louis Post-Dispatch: The atomic bomb turns 60 STLtoday - News - Science & Medicine By Eric Hand Of the Post-Dispatch07/14/2005 [Roy Greenlee] In an interview Wednesday in Des Peres, Roy W. Greenlee, 84, talks about a protective hood he used while working on plutonium in a Chicago lab during World War II. The chemist was on the team that helped develop the atomic bomb. (J. B. Forbes/P-D) The whiz-kid chemist from West Virginia took a train to snowy Chicago and joined the Manhattan Project. It was Jan. 11, 1944. A scientist told him: "We're going to make an atomic bomb. We're going to drop it on Japan. And we're going to end the war." On Saturday, 60 years will have passed since the world's first atomic blast turned the New Mexico desert sand to green glass. The Trinity test site used only 13.5 pounds of plutonium. A simpler uranium bomb fell a month later on Hiroshima - but it used 141 pounds of the precious stuff. The Nagasaki bomb - and future bombs - would rely on plutonium, element No. 94, atomic weight 239. Roy W. Greenlee didn't know it existed until he came to the University of Chicago Metallurgical Laboratory. Over coffee near his Des Peres home this week, Greenlee, 84, recalled his mission: Extract enough plutonium from uranium for a bomb. Lead bricks surrounded the yellow tubes of uranium dissolved in nitric acid. But he still spit all day to avoid swallowing radioactive dust. Some of the plutonium had an extra neutron - an isotope of atomic weight 240. Greenlee was the first to calculate its half-life. The isotope made plutonium unstable. The critical mass would have to be kept as separate pieces until the millisecond of explosion. A tricky implosion device would be needed. Trinity would test that device. By May 1945, the test was close. A senior scientist asked the chemists to sign a petition. He wanted the United States to demonstrate the bomb to Japanese leaders on an unpopulated island. Greenlee had friends dying in the South Pacific. He walked out without signing it. "I was probably wrong about that," said Greenlee, who feels guilt about the past and anxiety for the future. His body has softened with his views. His thick, dark hair has faded and receded. A hip and shoulder are made of steel. His prostate was removed in 1990. "You lose a lot of things. The challenge for me is not to lose everything too fast," he said. He plays tennis on Thursdays in Creve Coeur with retired doctors and businessmen. Few of them understand his car's license plate: PU 240. Reporter Eric Hand E-mail: ehand@post-dispatch.com Phone: 314-340-8250 St. Louis Post-Dispatch. ***************************************************************** 8 DEFENSE NUCLEAR FACILITIES SAFETY BOARD: privacy act FR Doc 05-13914 [Federal Register: July 15, 2005 (Volume 70, Number 135)] [Notices] [Page 40992-40996] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr15jy05-53] [[Page 40992]] Privacy Act; Systems of Records AGENCY: Defense Nuclear Facilities Safety Board. ACTION: Notice of systems of records. SUMMARY: Each Federal agency is required by the Privacy Act of 1974, 5 U.S.C. 552a, to publish a description of the systems of records containing personal information defined by the Act. In this notice the Board updates the descriptions of seven systems it currently maintains, and announces the creation of an eighth system. FOR FURTHER INFORMATION CONTACT: Richard A. Azzaro, General Counsel, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Suite 700, Washington, DC 20004-2901, (202) 694-7000. SUPPLEMENTARY INFORMATION: The Board has previously maintained seven systems of records under the Privacy Act. It has created a new system DNFSB-8, Travel, Procurement and Administrative Files, but the creation of this system does not involve collection of additional information or changes in use or storage of records. Instead, it is only a minor records management reorganization for streamlining purposes. The records now to be found in DNFSB-8 were originally contained in DNFSB- 2, which is now limited to Time and Attendance Records. DNFSB-1 SYSTEM NAME: Personnel Security Files. SECURITY CLASSIFICATION: Unclassified materials. SYSTEM LOCATION: Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Washington, DC 20004-2901. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Employees and applicants for employment with DNFSB and DNFSB contractors; consultants; other individuals requiring access to classified materials and facilities. CATEGORIES OF RECORDS IN THE SYSTEM: Personnel security folders and requests for security clearances, Forms SF 86, 86A, 87, 312, and DOE Forms 5631.18, 5631.29, 5631.20, and 5631.21. In addition, records containing the following information: (1) Security clearance request information; (2) Records of security education and foreign travel lectures; (3) Records of any security infractions; (4) Names of individuals visiting DNFSB; (5) Personal identity verification documents (including photographs and proof of identity documentation) maintained for Federal identification badge and access purposes. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 2286. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSE OF SUCH USES: DNFSB--to determine which individuals should have access to classified material; to be able to transfer clearances to other facilities for visitor control purposes; and to verify the identity of its employees and contractors. DOE--to determine eligibility for security clearances. Other Federal and State agencies--to determine eligibility for security clearances. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Paper records and computer files. RETRIEVABILITY: By name, social security number, and numeric code. SAFEGUARDS: Access is limited to employees having a need to know. Paper records are stored in locked file cabinets, computer records are maintained on a desktop PC with password protection. The office of the system manager is locked when not in use. RETENTION AND DISPOSAL: Records retention and disposal requirements are contained in the ``General Records Schedules'' published by National Archives and Records Administration, Washington, DC. Paper records are destroyed by shredding, computer files by erasure. SYSTEM MANAGER AND ADDRESS: Security Management Officer, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Suite 700, Washington, DC 20004-2901. NOTIFICATION PROCEDURE: Requests by an individual to determine if DNFSB-1 contains information about him/her should be directed to the Privacy Act Officer, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Suite 700, Washington, DC 20004-2901. Required identifying information: Complete name, social security number, and date of birth. RECORD ACCESS PROCEDURE: Same as Notification procedure above, except individual must show official photo identification, such as driver's license, passport, or government identification before viewing records. CONTESTING RECORD PROCEDURE: Same as Record Access procedure. RECORD SOURCE CATEGORIES: Subject individuals, Questionnaire for Sensitive Positions (SF-86), agency files, official visitor logs, contractors, and DOE Personnel Security Branch. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DNFSB-2 SYSTEM NAME: Time and Attendance Records. SYSTEM CLASSIFICATION: Unclassified. SYSTEM LOCATION: Defense Nuclear Facilities Safety Board, 625 Indiana Ave., NW., Washington, DC 20004-2901. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Employees of the DNFSB. CATEGORIES OF RECORDS IN THE SYSTEM: Records containing the following information: Time and attendance records including names, addresses, social security numbers, service computation dates, leave usage data and corresponding balances, and authorizations for overtime and/or comptime. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 2286. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: Bureau of the Public Debt--To maintain payroll, time and attendance, for Board employees. Treasury Department--To collect withheld taxes and issue savings bonds. Internal Revenue Service--To process Federal income tax. State and Local Governments--To process state and local income tax. Savings Institutions--To credit accounts for savings made through payroll deductions. Health Insurance Carriers--To process insurance claims. [[Page 40993]] POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Paper records and computer files. RETRIEVABILITY: By name, social security number, and alphanumeric code. SAFEGUARDS: Access is limited to employees having a need to know. Paper records are stored in locked file cabinets, computer records are maintained on a desktop PC with password protection. RETENTION AND DISPOSAL: Records retention and disposal authority are contained in the ``General Records Schedules'' published by National Archives and Records Administration, Washington, DC. Paper records are destroyed by shredding, computer files by erasure. SYSTEM MANAGER AND ADDRESS: General Manager, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Suite 700, Washington, DC 20004-2901. NOTIFICATION PROCEDURE: Requests by an individual to determine if DNFSB-2 contains information about him/her should be directed to the Privacy Act Officer, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Suite 700, Washington, DC 20004-2901. Required identifying information: Complete name, social security number, and date of birth. RECORDS ACCESS PROCEDURE: Same as Notification procedures above, except individual must show official photo identification, such as driver's license, passport, or government identification before viewing records. CONTESTING RECORD PROCEDURE: Same as Record Access procedure. RECORD SOURCE CATEGORIES: Subject individuals, timekeepers, supervisors, BPD for payroll records, and IRS and State officials for withholding and tax information. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DNFSB-3 SYSTEM NAME: Drug Testing Program Records. SYSTEM CLASSIFICATION: Unclassified. SYSTEM LOCATION: Division of Human Resources, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Washington, DC 20004-2901. Duplicate systems may exist, in whole or in part, at contractor testing laboratories and collection/evaluation facilities. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: DNFSB employees and applicants for employment with the DNFSB. CATEGORIES OF RECORDS IN THE SYSTEM: Records containing the following information: (1) Requests for and results of initial drug tests, random tests, confirmatory, and follow-up testing, if appropriate; (2) Information supplied by employees or applicants challenging positive test results; (3) Information supplied by individuals concerning alleged drug use by Board employees or contractors; (4) Written statements or medical evaluations of attending physicians and/or information regarding prescription or nonprescription drugs. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Executive Order 12564, ``Drug-Free Federal Workplace,'' September 17, 1986, 51 FR 32889, codified at 5 U.S.C. 7301, note (1987). ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSE OF SUCH USES: Information in these records may be used by the DNFSB management: (1) To identify substance abusers within the agency; (2) To initiate counseling and rehabilitation programs; (3) To take personnel actions; (4) To take personnel security actions; and (5) For statistical purposes. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Test records are maintained on paper in file folders. Records used for initiating a random drug test are maintained on the Random Employee Selection Automation System. This is a stand-alone system resident on a desktop computer and is password-protected. RETRIEVABILITY: Records maintained in file folders are indexed and accessed by name and social security number. Records maintained for random drug testing are accessed by using a computer database which contains employees' names, social security numbers, and job titles. Employees are then selected from the available pool by the computer, and a list of employees and alternates selected for drug testing is given to the Drug Program Coordinator. SAFEGUARDS: Access to and use of these records is limited to those persons whose official duties require such access. Records in the Division of Human Resources are stored in a locked file cabinet. Records in laboratory/collection/evaluation facilities are stored under appropriate security measures so that access is limited and controlled. RETENTION AND DISPOSAL: Records retention and disposal authority are contained in the ``General Records Schedules'' published by National Archives and Records Administration, Washington, DC. Paper records are destroyed by shredding, computer files by erasure. SYSTEM MANAGER AND ADDRESS: Director of Human Resources, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Suite 700, Washington, DC 20004-2901. NOTIFICATION PROCEDURE: Requests by an individual to determine if DNFSB-3 contains information about him/her should be directed to the Privacy Act Officer, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Suite 700, Washington, DC 20004-2901. Required identifying information: Complete name, social security number. RECORD ACCESS PROCEDURE: Same as Notification procedures above, except individual must show official photo identification, such as driver license or government identification before viewing records. CONTESTING RECORD PROCEDURE: Same as Notification procedures above. RECORD SOURCE CATEGORIES: DNFSB employees and employment applicants who have been identified for drug testing, who have been tested, or who have admitted abusing drugs prior to being tested; physicians making statements regarding medical evaluations and/or authorized prescriptions for drugs; individuals providing information concerning alleged drug abuse by Board employees or contractors; DNFSB contractors for processing, including but not limited to, specimen collection, laboratories for [[Page 40994]] analysis, and medical evaluations; and DNFSB staff administering the drug testing program to ensure the achievement of a drug-free workplace. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: Pursuant to 5 U.S.C. 552a(k)(5), the Board has exempted portions of this system of records from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(C), (H), and (J), and (f). The exemption is invoked for information in the system of records which would disclose the identity of a person who has supplied information on drug abuse by a Board employee or contractor. DNFSB-4 SYSTEM NAME: Personnel Files. SYSTEM CLASSIFICATION: Unclassified. SYSTEM LOCATION: Defense Nuclear Facilities Safety Board, 625 Indiana Ave., NW., Washington, DC 20004-2901. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Employees and applicants for employment with the DNFSB, including DNFSB consultants. CATEGORIES OF RECORDS IN THE SYSTEM: Records concerning the following information: (1) Name, social security number, sex, date of birth, home address, grade level, and occupational code; (2) Federal employment application materials; (3) Records on suggestions, awards, and bonuses; (4) Training requests, authorization data, and training course evaluations; (5) Employee appraisals, appeals, grievances, and complaints; (6) Employee disciplinary actions; (7) Employee retirement records; (8) Records on employment transfer; (9) Records of promotions, payroll changes, and benefit elections; (10) Proof of identity documents. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 2286. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSE OF SUCH USES: Bureau of the Public Debt--Maintain Official Personnel Folders (OPFs) for the DNFSB. Office of Personnel Management--Transfer and retirement records and benefits, and collection of anonymous statistical reports. Social Security Administration--Social Security records and benefits. Department of Labor--To process Workmen's Compensation claims. Department of Defense--Military Retired Pay Offices--To adjust Military retirement. Veterans Administration--To evaluate veteran's benefits to which the individual may be entitled. States' Departments of Employment Security--To determine entitlement to unemployment compensation or other state benefits. Federal, State, or Local government agencies--For the purpose of investigating individuals in connection with, security clearances, and administrative or judicial proceedings. Private Organizations--For the purpose of verifying employees' employment status with the DNFSB. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Paper records and computer files. RETRIEVABILITY: By name and social security number. SAFEGUARDS: Access is limited to employees having a need-to-know. Paper records are stored in locked file cabinets, computer files are password- protected. RETENTION AND DISPOSAL: Records retention and disposal authority are contained in the ``General Records Schedules'' published by National Archives and Records Administration, Washington, DC. Paper records within DNFSB are destroyed by shredding, computer files by erasure. SYSTEM MANAGER AND ADDRESS: Director of Human Resources, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Suite 700, Washington, DC 20004-2901. NOTIFICATION PROCEDURE: Requests by an individual to determine if DNFSB-4 contains information about him/her should be directed to Director of Human Resources, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Suite 700, Washington, DC 20004-2901. Required identifying information: Complete name, social security number, and date of birth. RECORD ACCESS PROCEDURE: Same as Notification procedures above, except individual must show official photo identification, such as driver license or government identification before viewing records. CONTESTING RECORD PROCEDURE: Same as Notification procedures above. RECORD SOURCE CATEGORIES: Subject individuals, official personnel records, OPM for official personnel records, State employment agencies, educational institutions, and supervisors. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DNFSB-5 SYSTEM NAME: Personnel Radiation and Beryllium Exposure Files. SECURITY CLASSIFICATION: Unclassified materials. SYSTEM LOCATION: Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Washington, DC 20004-2901. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: DNFSB employees, contractors, and consultants. CATEGORIES OF RECORDS IN THE SYSTEM: Radiation and beryllium exposure information. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 2286. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSE OF SUCH USES: DNFSB--to monitor radiation and beryllium exposure of its employees and contractors. DOE--to monitor radiation and beryllium exposure of visitors to the various DOE facilities in the United States. Other Federal and State Health Institutions--To monitor radiation and beryllium exposure of DNFSB personnel. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Paper records and computer files. RETRIEVABILITY: By name, social security number, and numeric code. SAFEGUARDS: Access is limited to employees having a need to know. Paper records are stored in locked file cabinets in a controlled access area. Individual employees can view their radiation exposure records by [[Page 40995]] entering a name and password from the desktop. RETENTION AND DISPOSAL: Records retention and disposal authority are contained in the ``General Records Schedules'' published by National Archives and Records Administration, Washington, DC. Paper records within DNFSB are destroyed by shredding, computer files by erasure. SYSTEM MANAGER AND ADDRESS: Security Management Officer, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Suite 700, Washington, DC 20004-2901. NOTIFICATION PROCEDURE: Requests by an individual to determine if DNFSB-5 contains information about him/her should be directed to the Privacy Act Officer, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Suite 700, Washington, DC 20004-2901. Required identifying information: Complete name, social security number, and date of birth. RECORD ACCESS PROCEDURE: Same as Notification procedure above, except individual must show official photo identification, such as driver's license, passport, or government identification before viewing records. Current employees can view their radiation exposure record using a name and password system from the desktop. CONTESTING RECORD PROCEDURE: Same as Record Access procedure for viewing paper records. RECORD SOURCE CATEGORIES: Subject individuals, previous employee records, DOE contractors' film badges, whole body counts, bioassays, dosimetry badges, and beryllium exposure surveys. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DNFSB-6 SYSTEM NAME: DNFSB Staff Resume Book. SECURITY CLASSIFICATION: Unclassified materials. SYSTEM LOCATION: Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Washington, DC 20004-2901. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Members of the Board's technical and legal staff. CATEGORIES OF RECORDS IN THE SYSTEM: A summary of each DNFSB technical and legal employee's educational background and work experience, with emphasis on areas relevant to the individual's work at the Board. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 2286. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSE OF SUCH USES: The Resume Book may be distributed to representatives of the press, Congressional staff, representatives of Federal, State and local governments, and to any member of the public or any organization having a legitimate interest in understanding the technical and legal qualifications of the Board's staff. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Paper records and computer files. RETRIEVABILITY: By employee name. SAFEGUARDS: Copies of the Resume Book are sequentially numbered and all copies will be stored under the control of a Board employee. A record will be kept of each disclosure of the book by name of the receiving party and purpose for which the information is provided. The Resume Book will not be available via Internet nor will it be placed in the Board's Public Reading Room. RETENTION AND DISPOSAL: The Resume Book will be periodically updated, and out-of-date copies will be destroyed when updated copies are printed. SYSTEM MANAGER AND ADDRESS: Director, Division of Information Technology and Security, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Suite 700, Washington, DC 20004-2901. NOTIFICATION PROCEDURE: Board employees covered by the Resume Book may examine their entry in it at any time. They may also examine the list of disclosures maintained by the System Manager. RECORD ACCESS PROCEDURE: Same as Notification Procedure. CONTESTING RECORD PROCEDURE: Any Board employee covered by the Resume Book may request that corrections be made in his/her resume at any time. RECORD SOURCE CATEGORIES: Subject individuals. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DNFSB-7 SYSTEM NAME: Supervisor Files. SECURITY CLASSIFICATION: Unclassified materials. SYSTEM LOCATION: Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Washington, DC 20004-2901. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Members of the Board's technical, legal and administrative staff. CATEGORIES OF RECORDS IN THE SYSTEM: Records containing the following information: (1) Information used to write annual or mid-year performance appraisals or to propose awards and honors; (2) Files may also contain written correspondence, examples of an employee's work, hard-copy of electronic communications, private notes by the supervisor, and other records bearing on the employee's performance. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 2286. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSE OF SUCH USES: Records are used by supervisors to write annual or mid-year performance appraisals for their employees or to propose awards and honors. Records may also be used in connection with disciplinary and adverse actions. These records are not disclosed outside DNFSB and will not be accessed by persons other than the supervisor maintaining the record and administrative staff personnel assigned to file or retrieve records. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Paper records and computer files. RETRIEVABILITY: By employee name. SAFEGUARDS: Access is limited to the individual supervisor keeping the records and administrative personnel who may file [[Page 40996]] or retrieve records. Paper records are stored in locked file cabinets or in locked desk drawers; computer files are password-protected. RETENTION AND DISPOSAL: Records retention and disposal authority are contained in the ``General Records Schedules'' published by National Archives and Records Administration, Washington, DC. Most files in DNFSB-7 are purged once per year following completion of appraisals. Paper records are destroyed by shredding, computer files by erasure. SYSTEM MANAGER AND ADDRESS: Director, Division of Information Technology and Security, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Suite 700, Washington, DC 20004-2901. NOTIFICATION PROCEDURE: Requests by an individual to determine if DNFSB-7 contains information about him/her should be directed to the Privacy Act Officer, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Suite 700, Washington, DC 20004-2901. Required identifying information: Complete name, social security number, and date of birth. RECORD ACCESS PROCEDURE: Same as Notification procedure above, except individual must show official photo identification, such as driver's license, passport, or government identification before viewing records. CONTESTING RECORD PROCEDURE: Same as Record Access procedure. RECORD SOURCE CATEGORIES: Subject individuals. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DNFSB-8 SYSTEM NAME: Travel, Procurement, and Administrative Files. SYSTEM CLASSIFICATION: Unclassified. SYSTEM LOCATION: Defense Nuclear Facilities Safety Board, 625 Indiana Ave., NW., Washington, DC 20004-2901. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Employees and applicants for employment with DNFSB, including DNFSB contractors and consultants. CATEGORIES OF RECORDS IN THE SYSTEM: Records containing the following information: (1) Official travel documents including names, addresses, social security numbers, birth dates, passport numbers, relocation records, and travel credit card numbers; (2) Purchase credit card number, invoice, and payment records; (3) Employee credit evaluations, credit check information, and travel/purchase card histories; (4) Parking permit records; (5) Public transit subsidy applications and issuance records; (6) Miscellaneous reimbursements. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 2286. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: GSA--To reimburse Board employees, applicants for employment and consultants for travel related expenses and miscellaneous reimbursements. General Accounting Office--Audit--To verify accuracy and legality of disbursement. Travel Agencies--To process travel itineraries. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Paper records and computer files. RETRIEVABILITY: By name, social security number, travel dates, relocation dates, and alphanumeric code. SAFEGUARDS: Access is limited to employees having a need to know. Paper records are stored in locked file cabinets, computer records are maintained on a desktop PC with password protection. RETENTION AND DISPOSAL: Records retention and disposal authority are contained in the ``General Records Schedules'' published by National Archives and Records Administration, Washington, DC. Paper records are destroyed by shredding, computer files by erasure. SYSTEM MANAGER AND ADDRESS: Director of Acquisition and Finance, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Suite 700, Washington, DC 20004- 2901. NOTIFICATION PROCEDURE: Requests by an individual to determine if DNFSB-8 contains information about him/her should be directed to the Privacy Act Officer, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Suite 700, Washington, DC 20004-2901. Required identifying information: Complete name, social security number, and date of birth. RECORDS ACCESS PROCEDURE: Same as Notification procedures above, except individual must show official photo identification, such as driver's license, passport, or government identification before viewing records. CONTESTING RECORD PROCEDURE: Same as Record Access procedure. RECORD SOURCE CATEGORIES: Subject individuals, GSA for official accounting records, and travel agency contract. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. Dated: July 11, 2005. A.J. Eggenberger, Acting Chairman. [FR Doc. b05-13914 Filed 7-14-05; 8:45 am] BILLING CODE 3670-01-P ***************************************************************** 9 SF Chronicle: Radical nuclear weapons overhaul recommended James Sterngold, Chronicle Staff Writer Friday, July 15, 2005 An Energy Department task force has proposed a radical transformation of the nation's complex for producing nuclear weapons, recommending the manufacturing of a new generation of more flexible warheads at a single site that would consolidate activities previously done at plants across the country. If adopted, the extremely expensive changes would resuscitate America's warhead manufacturing capabilities even while requiring substantial downsizing of the weapons design labs at Livermore and Los Alamos, N.M., which are administered by the University of California. The proposals would also change the weapons design and production processes into operations run more like businesses in the private sector. As envisioned by the task force, the work of the weapons complex would be driven more by engineering and rigorous cost reduction than by an interchange of scientific ideas conducted in a university-like setting -- a profound shift in the culture that has prevailed since a group of physicists detonated the first atomic bomb 60 years ago this week in the high desert of New Mexico. "Successful businesses know when products and services are good enough, and recognize that cost is one of the metrics for excellent performance," the report says. "The complex must learn to balance quality, safety, security and cost in order to meet the needs of the nation in a cost-effective, appropriate manner." The proposals will now be reviewed by senior government officials, including the secretary of energy, and then by Congress before any changes can be undertaken. The six-member task force -- two retired energy lab officials and four from the private sector -- used strong language in making clear its view that the current system, which has struggled to define its mission since the end of the Cold War, is obsolete. "In summary, the task force found a complex neither robust, nor agile, nor responsive, with little evidence of a master plan," the report said. Taken together, the costly recommendations in the 124-page report would amount to the most sweeping restructuring of the way the United States produces nuclear weapons since the years right after World War II, when scientists working under J. Robert Oppenheimer and the University of California laid the foundations for the network of facilities. The report is described as a draft, but it supports several goals of the Bush administration -- in particular, producing a new generation of more reliable warheads to replace the current arsenal, and giving the complex the ability to design and build new warheads in a fraction of the time it once took. Those ideas have long been disputed by some weapons experts, including some retired weapons designers and government advisers. For instance, Sidney Drell, a professor emeritus at the Stanford Linear Accelerator Center and a longtime adviser to the government on weapons issues, has said that the current warheads in America's arsenal will work fine for years and that it would be a waste of billions of dollars to build new ones. Other critics, such as Michael May, a former director of the Lawrence Livermore National Laboratory, contend that an aggressive new production effort by the United States might encourage other countries to ramp up their own programs, creating proliferation. The task force report said new weapons should be developed without resuming underground nuclear testing, prohibited by U.S. government policy since 1992, but it does urge the construction of new facilities at the Nevada Test Site, including preparation for possible underground tests. The report, in short, is a blueprint for a large-scale resuscitation of the nuclear weapons production system. In its Nuclear Posture Review, issued in 2001, the Bush administration called for creation of a smaller but more reliable stockpile of warheads, as well as construction of a manufacturing capability that would allow the United States to respond quickly to new threats. But the administration has never determined exactly how many or what kind of warheads it will need in the future -- a problem that the task force said must be addressed before the details of the new complex could be fixed. Even so, the task force's report urges swift action, saying that the new complex, which probably would cost tens of billions of dollars, should be up and able to produce 125 new warheads a year by 2030. While the recommendations would reduce the number of jobs at the existing design labs, they would also improve safety in and around them by removing all sensitive nuclear materials, such as plutonium and uranium, and placing the materials at the new manufacturing site. The report included no proposals on where that facility should be located. Any changes would be battled vigorously in Congress, not least because the recommendations call for a huge investment at a time when the United States is spending more than $5 billion a month in Iraq and Afghanistan. Energy Secretary Samuel Bodman did not comment directly Thursday on the proposals by the task force, which reports to his department's advisory board. A department spokesman said only that Bodman welcomed a debate over ideas for improving the nuclear weapons complex. Senate Energy and Natural Resources Committee Chairman Pete Domenici, R-N. M., who has long been a major supporter of the Los Alamos National Laboratory, showed immediate resistance, issuing a statement making it clear that no funds would be available until fiscal 2007 at the earliest. "I do not think we should rush into any quick fixes," Domenici said. But Rep. Dave Hobson, R-Ohio, who as chairman of the subcommittee that oversees the weapons complex called for creation of the task force in March, 2004, endorsed the recommendations. "The task force concludes that the current stockpile and supporting weapons complex is neither technically credible nor financially sustainable," he said in a statement. "I agree 100 percent." The existing system was developed as a highly decentralized operation that placed talented scientists in the leading roles, with the Lawrence Livermore and Los Alamos labs working not just independently of each other, but in open competition. That has meant some redundancies, but the system was justified as producing greater innovation. Both labs have been managed since their inception by the University of California, which underscored the principle that the labs were essentially about developing creative scientific ideas. UC officials said they would have no comment on the draft task force report. In the early 1990s, with the collapse of the Soviet Union, the complex stopped designing new warheads and halted all underground testing. Initially, budgets at the design labs fell until Congress agreed to give them a new task, known as science-based stockpile stewardship. The labs were given free rein to develop new techniques for testing warhead components without detonating them and coming up with methods for refurbishing older warheads. The result has been a doubling of the weapons budget since the mid-1990s and an arsenal that is deemed safe and reliable. But the design labs have been hit with a series of management and security scandals over the past three years that have eroded the credibility of the University of California and tried the patience of even some of the strongest lab supporters in Congress. For the first time, the Energy Department is putting the lab management contracts up for bidding. The task force called for an end to the competition between the labs and said they should share some equipment and facilities, such as computing centers and high-energy testing gear, to eliminate costly redundancies. With all production activities to be consolidated at the new site, the task force said, the costs of securing sensitive nuclear materials would drop. Under the task force proposals, the last Cold War-era warhead would be dismantled by 2030. The aim would be to use modern manufacturing technology from the private sector to make warheads cheaper and easier to modify and maintain, and to speed up design and production. Cost reduction would be an overriding concern. "Cost goals add a healthy degree of discipline to the design process," the report says. The panel's chairman is David Overskei, president of Decision Factors Inc. , in San Diego. It also includes John Crawford, the retired deputy director of the Sandia National Laboratories, Hermann Grunder, the retired director of the Argonne National Laboratory, Donald Kaczynski, the director of technology at Brush Wellman, Robert Nickell, an engineering consultant to Applied Science &Technology, and Donald Trost, vice president of TechSource Inc. E-mail James Sterngold at jsterngold@sfchronicle.com. Page A - 1 The San Francisco Chronicle] ***************************************************************** 10 Guardian Unlimited: Unanswered questions still surround the sinking of the Rainbow Warrior Paul Brown: Felling of a Warrior Twenty years ago this week Rainbow Warrior was sunk by French agents in Auckland harbour. Paul Brown, who had sailed with the Greenpeace flagship just days earlier, recalls the worldwide shock at a callous act of state-sponsored terrorism - and asks why so many questions remain unanswered Friday July 15, 2005 Driving past Hampstead Heath pond to chase an interview the car radio was tuned in to the 2pm news. All was as it should be for any news reporter just back from a foreign assignment and keeping up with events. The first item, tagged "news just in", made me listen a bit more closely. The shock of the words that followed made me swerve, then swing the car round in a U-turn, and head straight back to the office. Article continues The report said, "Greenpeace environment group's flagship the Rainbow Warrior has been sunk in Auckland, New Zealand following explosions. Early reports say crew members are missing but there are no more details." The faces of those crew members flashed before me immediately. A few days before, 12,000 miles away, I had been laughing, drinking with and hugging this crew of eight nationalities as I left the ship after a month's hard labour and fun. My cabin partner had been Fernando Pereira, a Portuguese photographer. We had some good times together; I had attended his 35th birthday party on board just before I left. The 11 crew had taken on Greenpeace's most ambitious campaign in its history, moving a contaminated people to a safe haven. The Americans, whose 1956 Bravo bomb had covered the people of Rongelap island in radiation, had removed all the population's thyroid glands to prevent cancer killing them and were using them as guinea pigs to see what further effect continued radiation had on their health. An increasing proportion of children were being born deformed. The island's elders appealed to Greenpeace for help, and I had signed on as a deckhand for a month to report the evacuation for the Guardian. The next stage of the trip was for the Rainbow Warrior to sail to Auckland for supplies and then head a peace flotilla into the French nuclear test zone at Mururoa in the South Pacific. The Greenpeace crew, having seen the long-term effects of previous nuclear testing on innocent bystanders, was determined to do its best to disrupt the French programme. In the shock of the news of the sinking all these memories and thoughts swirled through my mind. My job was to write the story, the facts as known, but there were not too many of those. This was July 11 1985, before mobile phones. New Zealand was still a long way away. In Auckland it was the middle of the night and every telephone line to Greenpeace's New Zealand office was jammed. But by first edition I was able to report that all members of the crew had been accounted for but one - the body of Fernando Pereira had been found by navy frogmen. He had been trapped in his cabin by a second explosion as he went to retrieve his precious cameras. The headline assigned to my piece was the first inkling of a longer-running and more disturbing story. It said: "Saboteurs sink Greenpeace campaign ship." At first the Auckland police were not sure what had caused the explosions. To them, sabotage seemed "the most likely explanation", but in an old ship with what they regarded as a bunch of amateur crew members, accident or stupidity were just as plausible. Davey Edwards, the Rainbow Warrior's Yorkshire-born chief engineer, also had doubts "I was desperate for the first 24 hours because I thought it must be my fault. The explosion had come from the engine room, my responsibility. I kept racking my brains about what could have caused it, there were banks of batteries that could have caused a spark but nothing explosive." But the following day an inspection of the hull by divers meant that an accident could be ruled out . The very substantial riveted plates of the converted Aberdeen-built trawler had had huge holes torn in them, but the jagged pieces of metal that remained were all bent inwards. The divers said limpet mines had been attached to the outside of the hull. "It may sound strange but when we were told the explosion had come from outside, it was sabotage, or terrorism, it came as a relief," said Edwards. It is hard to understand now that what came as a relief to Edwards came as an extraordinary shock to the rest of the world, and particularly New Zealand, which had never seen a bomb explode in anger on its territory, let alone an act of terrorism. Neither has there been one since, the event remaining deeply scored on the nation's psyche. The puzzle for the police was who could be responsible for this murderous act against a peace group, their whole ethos based on the Quaker principle of non-violent direct action, of bearing witness to moral wrongs. In my mind, and for the crew, suspicion naturally fell on someone French; after all, they were next in line for a protest. They also had a long history of violence against Greenpeace, albeit confined to boardings vessels, using tear gas and beating crew members with truncheons. Yet an act of terrorism by the French state on the soil of a friendly power, clearly designed to kill, was still unthinkable. Twenty years on it seems just as strange. State terrorism is something the United States and the United Kingdom are prepared to go to war over. It is something carried out by rogue states, members of the "Axis of Evil". Members of the European Union somehow do not fit the description. But by day two of the Rainbow Warrior inquiry Auckland police were looking for French people. One had visited the ship hours before the explosion when, during an open day for the Auckland public, one unknown Frenchman had spent time looking round the crew quarters. Within hours information was flooding into the police from all over the North Island of events involving French nationals, sightings of yachts, strange landings of equipment, movements of camper vans and rendezvous in obscure places. In a country where the population is tiny, strangers a curiosity, and French tourists rare, the sighting of so many French people seemed a remarkable coincidence. Five days later a French "honeymoon" couple, Alain Jacques Turenge and his wife Sophie Turenge, were arrested. Inquiries revealed they were French secret agents Major Alain Mafart, aged 35, and Captain Dominique Prieur, aged 36. They were first charged with passport offences then arson and murder. The information pouring in from all over New Zealand, the Pacific and even England built up a picture of an extensive French secret service operation to cripple the Rainbow Warrior. But it was too late to catch the perpetrators. Even though detectives interviewed four Frenchmen in the Australian territory of Norfolk Island after the attack they had not got enough evidence to hold them and the Australian government insisted the New Zealanders leave. These four agents disappeared on a yacht which was never seen again. The official police report says officers believe the Ouvea was scuttled when the men were picked up and returned to France in a nuclear submarine. In the time leading up to the trial of the two agents in custody French journalists continued to press President Mitterand for who had sanctioned the operation. On August 27 he issued a report which fully exonerated the French secret service. It was not credible, and when a request by New Zealand for the extradition of the crew of the Ouvea was refused it was clear this was a cover-up at top level. By September 22 the game was up. Prime Minister Laurent Fabius admitted that the French secret service had ordered the attack on the Rainbow Warrior and the French defence minister Charles Hernu, a close ally and friend of Mitterrand, resigned, accepting responsibility and saying the president was not involved. We know now that this was not the full truth either: a recent confession by the former head of the Secret Service claims that Mitterand did, in fact, sanction the attack after all. Astonishingly no government outside New Zealand condemned the French action, least of all Britain, despite the fact it was a British vessel. The role and attitude of the French state remains murky. Marfart and Prieur, who clearly did not plant the bombs themselves, had their charges reduced to manslaughter and were sentenced to 10 years. The French government was horrified and leaned heavily on New Zealand, even threatening trade sanctions, and barring lamb imports to the European Union. Within three years the UN had brokered a deal between the two countries. The French would formally apologise, and pay $13m in compensation to the New Zealand government. They also paid a further $8m to Greenpeace, which was already suing them in the Paris courts for compensation. As part of the deal the convicted agents were transferred to French terrority to complete their sentences. Within months they were freed to a heroes' welcome in Paris. Greenpeace could not repair the original Rainbow Warrior and it was towed out to sea off North Island to be sunk again as a reef for sea life. The organisation used the money paid in compensation to launch the new Rainbow Warrior, a flagship larger, better equipped, and because of the French action, recognised worldwide. What happened in Auckland made Greenpeace a multinational in its own right. The new Rainbow Warrior went back, and back again to Mururoa, and in 1996 was again the subject of an attack by the French military when it was boarded, the crew tear-gassed and equipment smashed. This time, as a journalist covering the event, I was arrested on the high seas, briefly imprisoned and interrogated on Mururoa itself while the tests continued. The worldwide protests finally led to the French abandoning nuclear testing in the Pacific. This year I travelled to New Zealand for an anniversary party. It was clear that among the celebrations of meeting old friends and happy past times there was still some anger. Edwards, who now runs a fish restaurant in the Bay of Islands, which ironically was once a meeting place for the four French frogmen, summed up his current view: "The response, or rather non response, of the British government was a disgrace. Up to that moment I had always been proud to be British, but this was a British flagged vessel with a British citizen in desperate need of help and I heard nothing. Everything I had was sunk with the Warrior, but there was no offer of help, not even a new passport." The Guardian applied in April under the Freedom of Information Act to try and find out what the British government knew about the attack and when, to perhaps give a clue as to why in 1985 state terrorism against British ships was acceptable. So far Downing Street has refused to answer although the Foreign Office has said it will do so soon. [UP] Guardian Unlimited ¿ Guardian Newspapers Limited 2005 ***************************************************************** 11 BBC: Cold War bunker fails at Last Updated: Friday, 15 July, 2005 [The bunker (picture by Nick Catford)] The complex has 50 rooms A former nuclear bunker made redundant by the end of the Cold War failed to sell at auction on Friday. The 50-room complex in Goosnargh, Lancashire, was built during World War II and refitted during the Cold War to act as a military command centre. Lincoln-based chartered surveyors JH Walter had hoped to make £250,000 but it even missed its reserve price. Rob Ward, of JH Walter, said: "We will continue to market the bunker, it is very much still on the market." Blast proof Mr Ward said the property was close to reaching its "realistic" reserve price during the auction at the Bentley Hotel in Lincoln. "I would imagine some of those potential buyers were not able to attend the auction and the ones who did were not prepared to go quite far enough," he said. The 15,000 sq ft building was one of two national headquarters of the United Kingdom Warning and Monitoring Organisation and the Royal Observer Corps Group HQ. It has 50 rooms on two floors ranging from operations room to dormitories behind blast proof doors. There is a restaurant-sized kitchen and canteen and the bunker also features decontamination rooms, water tanks to supply the complex for months and a huge air filtration system dating from the height of East-West tensions. It began life as one of four bunkers built for RAF Fighter Command in 1940 but by the 1960s had been refitted to survive a nuclear bomb. Mr Ward said former nuclear bunkers have been used for anything from a recording studio to the base of an internet security firm. ***************************************************************** 12 Epstein Out; Nuclear & Safety Issues in Play Date: Fri, 15 Jul 2005 15:44:31 -0700 OSA-0216* A-110550F0160 Joint Application of PECO ENERGY COMPANY and PUBLIC SERVICE ELECTRIC AND GAS CO. for Approval of the Merger of Public Service Enterprise Group Inc. with and into EXELON CORP. – Initial Decision Granting Motion to Dismiss Protest and Petition to Intervene. Various Exceptions filed to ALJ Chestnut-s April 26, 2005 Initial Decision. RECOMMENDATION that the Commission deny the Exceptions and adopt the Initial Decision consistent with the proposed Opinion and Order; 5-0. PENNSYLVANIA PUBLIC UTILITY COMMISSION Harrisburg, PA 17105 Public Meeting held July 14, 2005 Commissioners Present: Wendell F. Holland, Chairman James H. Cawley, Vice Chairman Bill Shane Kim Pizzingrilli Terrance J. Fitzpatrick Joint Application of PECO Energy Company and Public Service Electric and Gas Company A-110550F0160 for Approval of the Merger of Public Service Enterprise Group Incorporated with and into Exelon Corporation OPINION AND ORDER Before the Commission for consideration are Exceptions filed to the April 26, 2005 Initial Decision of Administrative Law Judge (ALJ) Marlane R. Chestnut. In the Initial Decision, ALJ Chestnut granted a Motion to Dismiss Protest of Mr. Eric Joseph Epstein filed by PECO Energy Company and Public Service Electric and Gas Company (alternately, Joint Applicants) and dismissed the Protest of Mr. Epstein and further denied Mr. Epstein¹s Petition to Intervene in the above-captioned proceedings. Mr. Epstein¹s Protest and Intervention were contested by the Joint Applicants on the primary basis of standing. Exceptions were filed by Mr. Epstein (Epstein hereafter), appearing pro se, on May 16, 2005. On May 16, 2005, Exceptions were also received from the Office of Consumer Advocate (OCA), the Office of Small Business Advocate (OSBA), and the Pennsylvania Department of Environmental Protection (DEP). Replies to Exceptions were received from the Joint Applicants on May 26, 2005. History of the Proceeding This proceeding is a Joint Application filed on February 4, 2005, by PECO Energy Company (PECO) and Public Service Electric and Gas Company (PSE&G) pursuant to Chapter 11of the Public Utility Code, 66 Pa. C.S. §§ 1100-1103, inter alia, requesting that the Commission issue an order approving, to the extent necessary, the merger of Public Service Enterprise Group Incorporated (PSEG), PSE&G¹s corporate parent, with and into Exelon Corporation (Exelon), PECO¹s parent corporation. See April 26, 2005, Initial Decision (I.D.), Finding of Fact 1, infra. Notice of the Joint Application was published in the Pennsylvania Bulletin on February 19, 2005. On March 7, 2005, Epstein filed both a Protest and Petition to Intervene. (Finding of Fact 2, infra). In his Protest, Epstein stated: (1) he is a PECO shareholder in good standing; (2) he is Chairman of Three Mile Island Alert, Inc. (TMIA), a ³safe-energy² organization based in Harrisburg which monitors Peach Bottom, Susquehanna, and Three Mile Island nuclear generating stations; (3) he is Coordinator of the EFMR Monitoring Group, a community based organization which, inter alia, monitors radiation levels at Peach Bottom and Three Mile Island nuclear generating stations; (4) he was an active participant and signatory to the Joint Petition for Settlement of the application of PECO for approval of a plan of corporate restructuring, including the creation of a holding company and the merger of the newly formed holding company and Unicom Corporation, Docket No. A-1100550F0147; and (5) he actively participated in the settlement negotiations related to the Unicom Merger and ³helped to facilitate² the resolution of certain issues, which included nuclear decommissioning. (Petition at 1). Although Epstein referenced TMIA and the EFMR Monitoring Group in the Petition to Intervene, the Petition to Intervene and Protest were filed by Epstein as an individual. See I.D., n. 1. Epstein is not a customer of PECO and does not live in PECO¹s service territory. Also, Epstein is not a marketer of electricity or gas in PECO¹s service territory. (Finding of Fact 3). On March 24, 2005, the Joint Applicants filed an Answer in opposition to the Epstein Petition to Intervene and a Motion to Dismiss the Protest. The Joint Applicants alleged that Epstein lacked standing and that he attempted to raise issues that are outside the scope of the proceeding and outside the Commission¹s jurisdiction. (I.D. at 3). Subsequent to the prehearing conference, held on March 29, 2005 in Philadelphia, in which Epstein was permitted to participate, the Initial Decision was issued. ALJ Chestnut concluded that Epstein did not demonstrate an interest which was ³directly affected and which is not adequately represented by existing participants, and as to which the petitioner may be bound by the action of the Commission in the proceeding.² See 52 Pa. Code § 5.72, I.D. at 5. Therefore, the Joint Applicant¹s Motion was granted. The Exceptions and Replies were filed as noted. Discussion The Joint Applicants and the presiding ALJ addressed two grounds in opposition to the Epstein Protest and Petition to Intervene. Those grounds were: (1) Epstein failed to establish a direct, immediate or substantial interest in the proceeding that would confer the requisite standing to protest or to intervene and (2) the issues raised by Epstein¹s Protest and Petition to Intervene were outside the scope of this proceeding. (I.D. at 3). ALJ Chestnut, on review of 52 Pa. Code § 5.72, and the positions of the parties, concluded that Epstein failed to establish the direct and immediate interest necessary to permit his intervention or to prosecute his protest. (I.D. at 4). The ALJ was persuaded by the following factors. First, the ALJ concluded that Epstein¹s participation in prior PECO proceedings was not relevant to the question of his participation in the instant proceeding. The ALJ observed that standing is waivable. Consequently, the fact that PECO did not contest Epstein¹s participation in other PECO proceedings was insufficient, in and of itself, to confer a direct and immediate interest relative to Epstein¹s participation in this particular proceeding. Second, ALJ Chestnut observed that if one were to concede that Epstein had a direct, immediate and substantial interest which may be directly affected by the instant proceeding, these interests were adequately represented by existing participants. (I.D. at 4). The ALJ noted the participation of several customer groups, as well as the public advocates representing the public interest, in this proceeding. She also concluded that these entities d have identified issues related to nuclear power generation in their respective Prehearing Memoranda. Id. In light of the participation of these entities, ALJ Chestnut concluded there is no aspect of the public interest that requires intervention on the part of Epstein. ALJ Chestnut concluded that Epstein would not be aggrieved in any way as the result of the Commission¹s final order in the matter. (I.D. at 6). Third, ALJ Chestnut concluded that Epstein¹s status as a shareholder of Exelon Corporation is insufficient to confer any direct, immediate or substantial interest in this proceeding. See I.D. at 6, citing American Society of Utility Investors v. Pa. PUC, 54 PA PUC 560, 1980 Pa. PUC LEXIS 3, *2. Finally, the ALJ was not persuaded by the fact that Epstein has been recognized as an expert witness before the Commission on nuclear economics and ³has worked cooperatively with AmerGen, FirstEnergy, PPL, PECO Energy, PPLICA, PAIEUG, the OCS and the OTS to resolve nuclear tariffs as sufficient to confer the requisite standing. (I.D. at 6, referencing Epstein Response, Paras. 25 and 26). ALJ Chestnut additionally concluded that various issues raised by Epstein were either outside the scope of the proceeding, or not within the Commission¹s jurisdiction. (I.D. at 8-9;citing Pa. PUC v. Met-Edison Co., 54 PA PUC 276 (1980) and Re: Petition of Met-Edison Co., 65 PA PUC 190 (1987). In Exceptions, Epstein raises four contentions. First, he explains that the Commission has broad discretion in determining standing and argues for the exercise of such discretion in regard to his participation as an intervenor in the present case. Epstein does not articulate the nature of his interest. Epstein, in connection with his concluding argument on this Exception, further points out that he has claimed ³representational² standing. (Exc. at 2). Epstein states that he represents dedicated interests managed and administered by Epstein for ratepayers, citizens and communities in South Central Pennsylvania. Id. In his second Exception, Epstein argues that the ALJ did not consider whether standing is appropriate under 52 Pa. Code § 5.72(a)(3), which permits intervention based upon the assertion of an interest of such nature that participation of the petitioner may be in the public interest. Epstein acknowledges that nuclear power production issues relating to licensing and operations fall primarily under the jurisdiction of the NRC. (Exc. at 2). However, he explains that the unique and special interest that he represents would assist the Commission in determining to what extent its jurisdictional decisions impact upon or are affected by decisions made by the NRC. (Exc. at 3). He further maintains that his unique expertise affords him the ability to compare explanations made by PECO Energy to the NRC and to this Commission. Id. Epstein additionally refers to the Joint Petition for Negotiated Settlement, wherein PECO recognized that Epstein and the EFMR Monitoring Group at Peach Bottom have a special interest in the continued safe operation of the Peach Bottom Atomic Power Station. (Exc. at 3). Based on the foregoing, Epstein argues that this is an interest which comes within the ³public interest² criteria of the Commission¹s regulations, sub-section (a)(3) and confers standing under sub-section (a)(2). Id. In his third Exception, Epstein submits that notwithstanding that several parties to the proceeding have expressed an interest in aspects of issues he intends to raise, no other party can supplant his recognized expertise in nuclear economics, nuclear safety, and nuclear waste isolation. (Exc. at 4). Consequently, Epstein maintains that other parties cannot adequately represent the interest he would advance in the proceeding and that their participation should not operate as a bar to his participation. Id. Here, Epstein makes substantive argument concerning his position on the merits of the proposed merger transaction and how it will impact the production of high-level radioactive waste. (Exc. at 5-6). In his fourth Exception, Epstein argues that the presiding ALJ did not acknowledge that he identified ³non-nuclear² issues, i.e., issues not related to nuclear power production. Epstein, thereafter, argues that it is discriminatory to leave South-Central Pennsylvanians dependent upon well-intentioned groups from different geographic regions of the state to protect or advocate for their interests. (Exc. at 11). In conclusion, Epstein notes that he owns and operates a business in South-Central Pennsylvania (EFMR Monitoring, Incorporated) that, inter alia, invests in economic development, distributes potassium iodide free of charge to residents, and provides emergency planning and radiation monitoring at no charge to PECO rate payers, area residents, and concerned citizens living in proximity to Peach Bottom. Thus, Epstein states that he is the only active party in a position to monitor whether reductions in shareholder services will flow back to PECO rate payers. (Exc. at 12). The OSBA, in its Exceptions, notes its disagreement with the ALJ Conclusion of Law No. 4 that the Commission is without jurisdiction to regulate the generation of electricity as a public utility function. Id. The OSBA cites provisions of the Electricity Generation Customer Choice and Competition Act, 66 Pa. C.S. § 2801-2812, (Competition Act) to argue that the ALJ statement that the Commission has no jurisdiction to regulate generation is a ³severe overstatement.² (Exc. at 5). In Exceptions, the OCA takes the position that the ALJ¹s interpretation of the Commission¹s jurisdiction and scope of this proceeding is unduly narrow and should not be adopted. (Exc. at 1). The OCA adds that the ALJ¹s Conclusions of Law are untimely and, essentially premature at this stage of the proceeding. Consequently, the OCA argues that Epstein has met the standard for intervention under the ³public interest² criterion of the Commission¹s regulations and should be permitted to participate, albeit on ³appropriate issues.² (OCA Exc. at 2). The OCA argues that Epstein¹s expertise is relevant to this proceeding and cites an example in support of its position, the fact that Epstein was intimately involved with the establishment of PECO¹s existing Nuclear Decommissioning Cost Adjustment Clause. (Exc. at 9). The OCA also distinguishes the factual circumstances in Mid-Atlantic Power Supply Assoc. v. Pa. PUC, 746 A.2d 1196 (Pa. Cmwth. 2000) (MAPSA), with the circumstances involved in this case. (Exc. at 10). In its Exceptions, the DEP also takes the position that the ALJ¹s discussion concerning the scope of issues which will be relevant or material in the case is advisory in nature and premature. The DEP cites ARIPPA v. PA. PUC, 792 A.2d 636 (Pa. Cmwlth. 2002), in support of its position that matters associated with electricity generation are appropriate to consider in the context of a utility¹s application for a certificate of public convenience. (DEP Exc. at 5). The DEP does not directly assert a position on the participation of Epstein in this proceeding. In its Replies to the Exceptions of Epstein, the OSBA, OCA, and DEP, the Joint Applicants state that the Commission need not reach the broader question of the scope of our authority over the ³wholesale² generation market. (R.Exc. at 4). The Joint Applicants view the issue at this stage of the proceedings as a narrow one, which is focused on the participation of Epstein. Id. The Joint Applicants assert that all but two issues of the twenty-five issues set forth in Epstein¹s Protest, pertain to operational or safety-related matters at nuclear plants owned by entities other than PECO. (R. Exc. at 2). Thus, the generational and nuclear safety issues that Epstein identifies are not properly before this Commission. (R. Exc. at 4). The Joint Applicants state that these issues can be addressed in other proceedings, namely in proceedings before the NRC in which Epstein has intervened. Id. The Joint Applicants also note that Epstein does not have representational standing, as he does not seek to prosecute the interests of an association; that the assertion that standing is appropriate based on the fact that Epstein facilitated the negotiation of a monitoring agreement with PECO Energy and Unicom is contrary to the express terms of the agreement; and that his allegations of a special interest is not sufficient to grant him party status as this interest is not direct, immediate and substantial under the standards of William Penn Parking Garage, Inc. v. City of Pittsburgh, 464 Pa. 168, 346 A.2d 269 (1975); also Landlord Service Bureau, Inc. v. Equitable Gas Co., Docket No. C-0093481 (Order entered June 8, 1993). Also, the Joint Applicants, rely on L.G. Spielvogel, P.E., et al. v. PECO, et al., Docket No. R-00963728C0001, et al. (Order entered January 17, 1997), 1997 Pa. PUC LEXIS 2, for the proposition that superior expertise in an area does not, in and of itself, confer the requisite interest necessary for standing. (R. Exc. at 8-9). Also, note the Joint Applicants, the issues on which Epstein claims superior expertise are issues that are outside the scope of the proceedings. (R. Exc. at 9-11). Finally, the Joint Applicants do not agree with the OSBA, OCA, and DEP, that the ALJ¹s statements concerning the scope of the proceedings were in error. (R. Exc. at 13-15). Disposition On consideration of the Initial Decision and the Exceptions filed thereto, we shall adopt the decision of the ALJ consistent with our discussion herein. Our adoption should not be construed as a pre-disposition concerning any issue pertaining to the scope of issues involved in the instant application. Rather, our determination is focused upon the narrow question of whether or not Epstein should be permitted to intervene pursuant to the public interest criterion of our regulations. ALJ Chestnut correctly noted that, notwithstanding that our rules of practice and procedure are patterned after the rules of Pennsylvania rules for civil practice in the courts, intervention is a matter within the sound discretion of the Commission. Allowance of intervention is a matter within the discretion of the Commission. City of Pittsburgh v. PA Public Utility Comm¹n, 153 Pa.Super. 83, 33 A.2d 641(1943), N.A.A.C.P., Inc. v. PA Public Utility Comm¹n, 5 Pa.Commw. 312, 290 A.2d 704 (1972). ³The interest of a petitioner seeking intervention must be direct and immediate.² Re Pennsylvania Power & Light Company, 50 Pa. PUC 38, 40 (1976). (I.D. at 4). On consideration of the positions of the parties, we note that Epstein and the participants essentially concede that he is unable to affirmatively demonstrate an interest which is direct, immediate, and substantial. The parties also concede that Epstein does not have an interest which will be directly affected and as to which he may be bound by the action of the Commission in the proceeding. On careful review of the pleadings, we acknowledge Epstein¹s expertise in the areas of nuclear decommissioning, nuclear waste isolation, nuclear economics, nuclear safety, universal service, and community investment. See Epstein Protest, para. 10. We further acknowledge his prior history of active participation in matters involving nuclear generation. However, this expertise and the prior participation of Epstein do not, based on the facts of this case, support intervention based on the public interest criterion on our regulations. On balance, we find that Epstein¹s asserted interest does not go beyond the interest of all citizens in seeking compliance with the law, or is speculative in relation to the proposed transaction. The requirement of a ³substantial² interest means there must be some discernible adverse effect to some interest other than the general interest in having others comply with the law. See William Penn Parking Garage, 464 Pa. at 195, 346 A.2d at 282; also Friends of the AtGlen-Susquehanna Trail, Inc. v. PA. PUC, 717 A. 2d 581 (Pa. Cmwlth. 1998), appeal denied 559 Pa. 695 (1999). Also, the requirement that an interest be ³direct² means that a person claiming to be aggrieved must show causation of the harm by the matter of which he or she complains. Epstein can point to no disruption of any of the settlements, stipulations, or accords with which he has familiarity, or with which he has previously been involved, that will be adversely affected by the proposed transaction. Finally, we acknowledge the ³regional² concern articulated by Epstein, namely that the interests of South-Central Pennsylvanians in the proposed transaction may not be adequately represented absent his participation. On review of this aspect of Epstein¹s argument, we generally agree with the position of the Joint Applicants that this appears to show an intent by Epstein to vindicate an interest in a representational sense when, in fact, Epstein pursues his Protest and Intervention as an individual. We are not persuaded that this interest is not adequately protected by other active participants. Conclusion Based on the foregoing, we shall adopt the Initial Decision of ALJ Chestnut to the extent consistent with the discussion in this Opinion and Order. Our adoption of the Initial Decision relative to the participation of Epstein should not be construed as a disposition on the merits concerning the scope of this proceeding; THEREFORE, IT IS ORDERED: 1. That the Initial Decision of Administrative Law Judge Marlane R. Chestnut issued April 26, 2005, is adopted consistent with the discussion in this Opinion and Order. 2. That the Exceptions of Eric Joseph Epstein, the Office of Consumer Advocate, the Office of Small Business Advocate, and the Pennsylvania Department of Environmental Protection, are granted and/or denied consistent with the discussion in this Opinion and Order. 3. That the Protest filed by Eric Joseph Epstein is, hereby, dismissed. 4. That the Petition to Intervene filed by Eric Joseph Epstein is, hereby, dismissed. BY THE COMMISSION James J. McNulty, Secretary (SEAL) ORDER ADOPTED: July 14, 2005 ORDER ENTERED: ***************************************************************** 13 NRC: NRC Schedules Regulatory Conference to Discuss Crystal River Nuclear Plant Concern News Release - Region II - 2005-03 U.S. NUCLEAR REGULATORY COMMISSION Office of Public Affairs, Region II 61 Forsyth Street SW, Atlanta, GA 30303 No. II-05-032 July 15, 2005 CONTACT: Ken Clark (404) 562-4416 Roger D. Hannah (404) 562-4417 E-mail: The U.S. Nuclear Regulatory Commission has scheduled a regulatory conference with officials of Progress Energy on July 22 in Atlanta to discuss the risk significance of an inspection finding at the companys Crystal River nuclear power plant, located near Crystal River, Fla. NRC and Progress Energy officials will discuss the significance of concerns associated with an NRC inspection finding involving the lack of protection from fire damage to electrical cables at the plant. Fire damage to the cables could adversely affect a safe shutdown. Also, a local manual action by an operator to recover from the effects of the fire damage to the cables was not feasible because it involved entering a potentially smoke-filled room. The NRC evaluates regulatory performance at commercial nuclear power plants with a color- coded system which classifies findings as either green, white, yellow or red, in increasing order of safety significance. The NRCs preliminary evaluation determined that the safety significance of this issue at Crystal River is greater than Green, meaning that it is considered to be greater than a very low safety significance. The meeting is open to public observation and is scheduled for 10:00 a.m., in the NRCs Region II office, located on the 24th floor of the Atlanta Federal Center at 61 Forsyth Street SW in Atlanta. No decisions on the final safety significance, any apparent violation or any possible enforcement action will be made during the conference. Those decisions will be made by NRC officials at a later time. Last revised Friday, July 15, 2005 ***************************************************************** 14 San Luis Obispo Tribune: Diablo study is a nod to safety | 07/15/2005 | Editorial Opinion of The Tribune Like nuclear watchdog groups, we applaud Pacific Gas & Electric Co.'s initiative to study how the utility might need to better protect Diablo Canyon nuclear power plant in the event of a large tsunami. It's the right thing to do. As environmental reporter David Sneed wrote in Thursday's Tribune, PG&E seismologists in May toured the Banda Aceh region of Sumatra, which was devastated by the Dec. 26 tsunami and the undersea earthquake that spawned it. The PG&E team looked at a cement factory, along with several oil and gas facilities, and was pleased to learn that the cement factory wasn't destroyed. This indicated to company officials that well-engineered structures can survive tsunamis -- and confirmed their belief that Diablo Canyon would be able to withstand the largest waves that could be created by earthquake faults offshore. While the plant's construction took into account the possibility of earthquakes and tsunamis, PG&E officials are spending $500,000 to further study the possible impact of huge earthquake- or storm-driven waves. They expect to complete the study by year-end -- and then turn it over to the Nuclear Regulatory Commission and make the results public. The executives said they're considering whether to present the findings at a local public forum. We urge them to do so. It would make it far easier for local residents to understand the results, ask questions and offer comments. The high level of interest in this subject warrants such discussion. ***************************************************************** 15 NRC: NRC Issues $60,000 Fine for Inattentive Control Room Supervisor at Pilgrim Nuclear Power Plant and Initial Inappropriate Response News Release - Region I - 2005-04 U.S. NUCLEAR REGULATORY COMMISSION Office of Public Affairs, Region I 475 Allendale Road, King of Prussia, Pa. 19406 No. I-05-040 July 15, 2005 CONTACT: Diane Screnci (610) 337-5330 Neil A. Sheehan (610) 337-5331 E-mail: The Nuclear Regulatory Commission has proposed a $60,000 civil penalty for Entergy Nuclear Operations, Inc., for violations that occurred at the Pilgrim nuclear power plant on June 29, 2004. The violations involve a control room supervisor who was asleep for approximately 4 minutes while on duty in the control room, and improper response by a shift manager and reactor operator after observing the inattentive supervisor. After the NRC learned of the event, the agencys Region I Office of Investigations began an investigation at the plant, which is located in Plymouth, Mass., and operated by Entergy. That investigation determined, among other things, that the supervisor in question fell asleep in a chair and was therefore inattentive to his duties. (Public safety was still assured because another reactor and senior reactor operator were also on duty in the control room at the time.) Based on the investigations findings, the NRC has identified four violations of agency requirements. Specifically, they involve: (1) the control room supervisor being asleep and therefore neither alert nor attentive to his duties; (2) a reactor operator observing the supervisor asleep but deliberately failing to take immediate actions to awaken him, inform appropriate site personnel and file a report on the event; (3) the shift manager, in careless disregard of requirements, failing to inform appropriate site personnel and file a report on the event; and (4) the control room supervisor not being relieved of duty and subjected to fitness-for-duty testing. Although there was no actual safety consequence resulting from this event because there were no plant conditions that warranted immediate action, it is important for licensed operators to be alert and attentive to their control room duties at all times so that they can adequately monitor the reactor, manipulate reactor controls, and react to any plant transients, NRC Region I Administrator Samuel J. Collins wrote in a letter to Entergy regarding the enforcement action. It is also important that when licensed operators are not alert or attentive to their duties, appropriate action must be taken to immediately correct the situation and inform management. In addition to the fine proposed for Entergy, the NRC is issuing a Severity Level III violation to the reactor operator involved; a Severity Level III violation to the control room supervisor; and a Letter of Reprimand to the shift manager. The Letter of Reprimand for the shift manager is based on a settlement agreement reached under the NRCs Alternate Dispute Resolution Process. It acknowledges that under the agreement, the shift manager will conduct outreach to peers at Pilgrim and other licensed operators in the nuclear industry regarding his experience and lessons learned. These commitments have been put in place by a confirmatory order. Entergy has taken several steps in response to the event, including conducting training on behavioral observation and other topics, as well as senior managers meeting with plant personnel to discuss the event, fitness-for-duty obligations and safety conscious work environment requirements. The company will have 30 days to respond to the enforcement action. Last revised Friday, July 15, 2005 ***************************************************************** 16 Lancaster Online.com: NRC ups TMI oversight following training lapse For five months in 2004, half of the nuclear power plant’s 364-member emergency response team had not taken an annual refresher course as required, inspectors say. By Ad Crable Lancaster New Era Published: Jul 15, 2005 1:49 PM EST LANCASTER COUNTY, PA - The operators of the Three Mile Island nuclear plant are being hit with another training violation involving workers who would handle an emergency at the plant. Inspectors for the U.S. Nuclear Regulatory Commission found that for five months in 2004, half the plant’s 364-member emergency response team had not taken an annual refresher course as required. Technically, they were ineligible to respond to an emergency involving a release of radiation at the plant for those five months. But realistically, says NRC spokesman Neil Sheehan, “They would have, and they certainly would have been able to handle any emergency that would have arisen. Nevertheless, this is one of the annual requirements.” The recent training violation comes after two of eight control room crews at TMI flunked requalification exams in 2004 during a hypothetical emergency in a simulated control room. Two of five control room supervisors failed a portion of the simulated tests and a third had to be retrained because of a weak performance on the test. In addition, the simulator used at TMI to test operators did not accurately replicate some current plant conditions, and it was determined that tests were not varied, as required, so that inspectors conceivably could have told their colleagues what to expect, the NRC found. In all, four violations were issued. All those who failed the tests were subsequently retrained and certified. In the latest accident-training development, the NRC has notified TMI operator AmerGen Energy that the violation is of low to moderate safety significance and that TMI will now come under increased oversight by the federal agency. AmerGen notified the NRC last Friday that it would not contest the violation. The utility has addressed the problem, Sheehan said. Sheehan said there is no indication AmerGen willfully ignored the requirement. “It appears to be confusion having to do with their procedures,” he said. AmerGen spokesman Ralph DeSantis concurred. AmerGen internal plans had two different requirements, he said. One said retraining had to be done every calendar year. The other that it had to be done every 12 months, plus or minus up to three months. Once the NRC’s intent was made clear, the emergency response people were immediately retrained. DeSantis noted that the retraining often involves a mere one-hour training session. All the workers had passed training exercises throughout the year, he added. “We feel very comfortable everyone was very qualified to do their job. It was more of an administrative issue than anything else.” Emergency responders at TMI would perform a wide range of roles during an emergency, from working with the media and public to addressing the problem at the plant. Eric Epstein of Three Mile Island Alert, a safe-energy group, says the incident is just the latest in a disturbing pattern at TMI. “Staffing cuts, forced overtime and an aging work force has undermined training and eroded safety margins at Three Mile Island,” Epstein said. “For an industry based on safety and depth, poor training and inadequate staffing are cause for alarm.” © 2004 Lancaster Newspapers PO Box 1328, Lancaster PA 17608, (717) 291-8811 ***************************************************************** 17 APP.COM: Put evacuation to the test Asbury Park Press Published in the Asbury Park Press 07/15/05 An Oyster Creek nuclear power plant spokeswoman says the emergency response plan for the Lacey plant gets regular attention and is constantly reviewed and tested. If plant owner AmerGen is so confident in that plan, it should have no objection to the state conducting a "dry run" evacuation. A full-fledged drill was the primary request of plant critics to state emergency management officials at a hearing Tuesday on whether to make any changes in the state's plan for radiological emergencies. The drill would simulate what would happen if a radioactive release were imminent. No decision was made on the request from Paula Gotsch of Brick, leader of Grandmothers, Mothers and More for Energy Safety, a citizens group that opposes the plant's continued operation beyond its 2009 expiration date. A state police captain defended the evacuation plan, which would involve almost 250,000 people within a 10-mile radius of the plant in the summer months. Capt. Jerome Hatfield said the plan has been tested scientifically and would work. The best way to prove that is to test it. Gotsch noted that a dry run around the Vermont Yankee nuclear plant in May revealed delays in sending out evacuation notices. The terrorism response drill in New Jersey in April exposed vulnerabilities in communications and hospital staffing. Then there are the roads. They haven't changed much since work on the plant started in 1965, but the population has. Ocean County residents remember only too well the traffic nightmare caused when a forest fire in Berkeley forced the closing of 20 miles of the Garden State Parkway in June 2002. A drill would put Oyster Creek's planning to the test. If successful, it can allay the fears of its critics. If glitches come up, then emergency planners can fix them. There's nothing to lose. Copyright © 2005 Asbury Park Press. All rights reserved. ***************************************************************** 18 canada.com: Fort St. John N.B. may still refurbish plant Friday, July 15, 2005 FREDERICTON -- The New Brunswick government is still considering the refurbishment of its aging nuclear power facility, despite Ottawa's rejection of a request for federal help. Premier Bernard Lord says he wants a final decision from NB Power's board of directors within two weeks. Hay says he'll meet with Bruce Power and Atomic Energy of Canada Limited to see if they want to change their offers to partner. He says the loss of federal funding will put pressure on future power rates. Lord says he was misled and betrayed by the federal government after being assured that a deal was coming. The federal government says funding the Lepreau retrofit would have set an expensive precedent that would have seen other provinces asking for similar deals. Lord said that's nonsense, because the federal government has helped the energy sector in other provinces, including the decommissioning of coal plants in Ontario. © Broadcast News 2005 Copyright © CanWest Interactive Inc. All rights reserved. CanWest Interactive Inc. is an affiliate of CanWest Global Communications Corp. ***************************************************************** 19 canada.com: Liberal leaders from N.B. and P.E.I. agree nuclear power needed Canadian Press Friday, July 15, 2005 CHARLOTTETOWN (CP) - Liberal leaders from Prince Edward Island and New Brunswick agree that refurbishing the Point Lepreau nuclear station is critical. They met in Charlottetown on Wednesday to talk about energy issues challenging the region. Both Robert Ghiz and Shawn Graham said they believe in long term renewable energy policies. But both add that it is important to be practical and recognize the need for backup. Graham says decommissioning Point Lepreau, located near Saint John, N.B., and building a new coal fired plant in New Brunswick is not an option. He said nuclear power is a stable fuel source that doesn't go through the ups and downs of fossil fuels. The Prince Edward Island government is hoping to move completely to renewable energy by 2015, with an emphasis on wind power. © The Canadian Press 2005 Copyright © CanWest Interactive Inc. All rights reserved. CanWest Interactive Inc. is an affiliate of CanWest Global Communications Corp. ***************************************************************** 20 canada.com: N.B. government considers nuclear facility retrofit without federal cash Kevin Bissett Canadian Press Friday, July 15, 2005 FREDERICTON (CP) - The New Brunswick government is still considering the refurbishment of its aging nuclear power facility, despite Ottawa's rejection of a request for major federal help. New Brunswick politicians came out in droves Thursday to express their dismay with the federal Liberal government's decision to deny the province's request for money. Since January, the province had been pressing for about $400 million to help with the $1.4-billion cost to extend the life of the Point Lepreau reactor by another 25 years. New Brunswick officials, including Premier Bernard Lord and NB Power president David Hay only learned of Ottawa's rejection through media calls Wednesday night. Lord said Thursday he heard the news hours before getting calls from a federal regional minister, Andy Scott, and Prime Minister Paul Martin. Scott told reporters during a news conference in Fredericton that providing the assistance would have set an expensive precedent. "We simply could not adequately build a firewall that wouldn't cause others to come forward with a similar request," said Scott. He said electrical generation falls within provincial jurisdiction and federal involvement would have triggered a clamour from other provinces. "The problem was there was always this other issue having to do with 'can we do this in a way that would allow us to say No to the three power plants in Ontario that are in roughly the same place, as well as one in Quebec?' " he said. Lord said that's nonsense, because the federal government has helped the energy sector in other provinces, including the decommissioning of coal plants in Ontario. Lord said he was strung along, trusting the prime minister and members of the federal Liberal cabinet that a deal was coming. "We were clearly misled by the federal government, because in every single conversation I had in the last three or four months, it was very clear that things were moving along," said Lord. Rob Moore, the Conservative MP for the New Brunswick riding of Fundy-Royal, said the federal decision was purely political. "I have almost 100 per cent certainty that if we were into an election right now, Lepreau would have received the money," he said. "That is just how blatantly political these decisions have become." New Brunswick Liberal Leader Shawn Graham said he is also disappointed with his federal counterparts. "Expectations were raised," he said. "The federal government could have been more forthcoming about its concerns of creating a precedent." But Graham also blamed the provincial Conservative government, saying it wouldn't need the federal help if it had better managed the provincial energy file. Despite that, Graham said refurbishment is still the better option than a new coal-fired plant. Lord said a retrofit of Lepreau is still his preference, and he has ordered Hay to call a meeting of the NB Power board of directors to make a decision within two weeks. Hay told reporters Thursday he wants to talk with prospective partners Bruce Power of Ontario and Atomic Energy of Canada Ltd. first. "We're going to offer them an opportunity to negotiate here before we bring the final proposal to our board," he said. He said the loss of federal funding changes the project and will put pressure on power rates. "In a Bruce transaction it puts more pressure on rates . . . that's where you've got private sector insurance," said Hay. "If we go an (Atomic Energy of Canada) route there may be less pressure now on rates, but we're assuming much more risk, which could translate into rates later on." Bruce Power had proposed it take over operations of the nuclear power plant and then sell the power back to the province. Nuclear power has provided a cushion from the energy market's volatility, keeping power rates stable in a province heavily dependent on manufacturing. Lepreau came online in 1983 and faces the end of its life in 2008. It employs 700 workers and generates one-third of the province's electricity. Refurbishment of the plant would take 18 months, starting in the spring of 2008. Environmentalist David Coon of the Conservation Council of New Brunswick said the New Brunswick government should take this opportunity to shut down Point Lepreau. "It think the provincial government should face up to the reality that this is unaffordable, and we're going to have to transform our electricity system to one that is Kyoto friendly and green, and get away from these giant megaprojects," said Coon. He said the federal government is willing to hand out money from its $10-billion Kyoto plan to help make the transition of the electricity system to a Kyoto-friendly one. c The Canadian Press 2005 Copyright © CanWest Interactive Inc. All rights reserved. CanWest Interactive Inc. is an affiliate of CanWest Global Communications Corp. ***************************************************************** 21 CBC New Brunswick: Lord will decide on Lepreau in 2 weeks Last updated Jul 15 2005 11:29 AM ADT CBC News Premier Bernard Lord has asked NB Power's board of directors to make a recommendation on the refurbishment of the Point Lepreau nuclear plant within two weeks. David Hay, the utility's president, said he would meet that deadline, given that the premier has to make a decision quickly if the $1.4-billion refurbishment process is to proceed. "From a physical point of view, we believe we could lose the window to refurbish between April 2008 and September 2009," said Hay. "So we'll make that decision in accordance with the premier's wishes." The project would add another 20 to 30 years to the operating life of the 23-year-old generating station near Saint John. However, it is in jeopardy because the federal government decided this week not to contribute money toward the project. + MARCH 21, 2005: No quick decision on Lepreau: Minister Lord said New Brunswickers have been betrayed and abandoned by Ottawa. He said he was led to believe that the federal government would help out. "I trusted what I was being told by the minister and the prime minister, only to#8230realize we were all misled," the premier said Thursday. Federal cabinet minister Andy Scott said Ottawa ultimately decided that helping refurbish Point Lepreau wasn't its responsibility and would have set an expensive precedent. "We made an honest effort to come up with a deal in response to the request by the premier," said Scott. "But the reality is that electrical generation is a provincial responsibility. "We would have had to be able to justify it as & an exception because otherwise other provinces would expect equal subsidy and we had three power plants in Ontario and one in Quebec basically at the same stage," Scott said. Ottawa's decision comes as a major financial blow to the project, after months of discussions between the provincial and federal government. The premier said the government would try to go ahead with refurbishment, even without federal assistance. "I can reaffirm today that it is our preference to proceed with refurbishment of Point Lepreau," Lord said. Lord had threatened to build a coal plant to supplement the province's power supply in the absence of Ottawa's refurbishment money, but he said he would keep the environment in mind when he makes his final decision. He warns, however, that Ottawa's decision could translate into higher power rates to cover the costs of refurbishment if NB Power goes ahead with the project. Premier Bernard Lord said the province will decide in two weeks if it will proceed with refurbishment of Point Lepreau. ***************************************************************** 22 Guardian Unlimited: Reactor on Olympic site no cause for alarm David Pallister Saturday July 16, 2005 The Guardian London assembly Tories have been getting worked up this week about the news that the Olympic Village in east London used to house a nuclear reactor. Bob Blackman, the Tory economic development spokesman, wants an immediate environmental survey. The 2012 committee accused him of alarmism. The Guardian can reveal today that it carried out its own geiger counter inspection of the site and found only normal levels of background radiation. Article continues The tiny reactor, with a core no larger than a bucket, was the first to be built for a UK university. It was commissioned in 1966 for the department of nuclear engineering at Queen Mary College and was deactivated in 1982. It was used for undergraduate experiments and postgraduate projects. Walk down Marshgate Lane on Stratford Marsh and the huge empty building, divided into two hangars, still stands. Part of it is used by Bywaters for waste disposal. Behind is the studio for the television show Bad Girls. There was no mention of the site in the environmental statement accompanying the UK bid. But the remote possibility of contamination prompted the Guardian to contact Greenpeace. It has a nuclear expert with a sophisticated geiger counter. Bywaters was happy to let us look around. The readings were what you might expect anywhere. The same applied to the mud in the stream running by the building. End of story, until Mr Blackman got to his feet on Wednesday. Two days before, the college finally issued a statement to the Guardian explaining what had happened 23 years ago. The reactor was decommissioned under supervision by the Nuclear Installations Inspectorate, the college said. "The reactor was exceptionally small ... and produced virtually no energy. "Decommissioning staff were able to stand inside the reactor void with no protective clothing. During decommissioning, the biological shield was removed by a nuclear consultancy, and the core was dismantled by staff on-site according to NII safety guidelines. "Following the completion of the decommissioning process, the work was approved and verified, and Queen Mary's licence was officially de-registered by the Nuclear Installations Inspectorate in November 1983. "There are absolutely no ongoing health implications." Jean McSorley, senior adviser on Greenpeace's nuclear campaign, said: "In our view there's nothing to worry about." Mr Blackman said last night: "I'm reassured that someone has done something." [UP] Guardian Unlimited © Guardian Newspapers Limited 2005 ***************************************************************** 23 [du-list] COUNTERPUNCH: DU - States Take Action to Protect Date: Fri, 15 Jul 2005 15:48:02 -0700 Date: 7/12/05 7:41:43 PM Mountain Daylight Time July 12, 2005 An Interview with Bob Smith Depleted Uranium: States Take Action to Protect Their Soldiers and Veterans By KEVIN ZEESE CounterPunch Louisiana recently passed legislation giving all returning veterans the right to get a best practices health screening test for exposure to depleted uranium. Interviewed here is Bob Smith, one of the activists that helped make this bill possible. He is with the Louisiana Activist Network. He is also I am a member of Veterans for Peace and the Viet Nam Veterans Against the War. Born a Texan and raised in a Navy family with three siblings, moved to Louisiana in 1977 a few years after returning from Viet Nam. He worked with adolescents in a psychiatric hospital where he met his wife, a co-worker, returning to the military and retired eight years ago as a Command Sergeant Major. He became actively involved the day Congress gave the President unconstitutional, power to make war on Iraq and has been active ever since in the peace movement and with the Presbyterian Church. Zeese: What made you pursue legislation regarding depleted uranium in Louisiana? Smith: As a twenty year veteran I have been concerned about veterans health since I returned from Viet Nam. From first hand experience I knew the treatment of veterans by our country was highly inadequate after their service. Each year after Gulf War I, more and more veterans were being diagnosed with a mysterious illness, Gulf War Syndrome (GWS) without significant research for cause and effect much like what happened with Agent Orange contamination. I learned about how the government dealt with Agent Orange contamination during the eighties as an outreach counselor at the VA's Viet Nam Veterans Outreach Center or Vet Center here in New Orleans. We were actively involved in trying to alert the VA to the effects of Agent Orange contamination. For twenty five years a government study done by the Rand Corporation denied any cause and effect between Agent Orange and health problems experienced by veterans and their offspring. Just this week the VA has finally recognized the connection between Agent Orange and diabetes. Remember the last troops returned from Viet Nam over thirty years ago. Worth mentioning is that the same Rand Corporation now denies any cause and effect between depleted uranium contamination and health. Late last year after a lot of reading I found out about depleted uranium. In January at the Jazz Funeral for Democracy, a peace march in New Orleans organized by the Louisiana Activist Network, I met a young Gulf War I veteran, Dennis Kyne. He talked with me about what he knew first hand as a combat medic about illnesses of our veterans even before they returned home and what he has found out about DU since returning home. I then did more research and studying. In March I met Leuren Moret, a geoscientist, who reaffirmed everything that Dennis Kyne had told me and reaffirmed what I had been reading. I then did more research and studying including conversation with Doug Rokke. Doug was the overall supervisor in charge of the clean-up after Gulf War I and is an expert in depleted uranium. Thirty to forty percent of his team are now dead. I then became concerned about what could be done to bring this issue out into the public conversation. Leuren told me about a young lady in Connecticut, Melissa Sterry, who was doing something about it. Working with Rep Patricia Dillon of Connecticut they were introducing a bill to have all of their state's veterans tested. The always unselfish Melissa willingly shared a copy of the Connecticut bill with me. Melissa had been a member of a depleted uranium clean-up team after Gulf War I. She herself was very sick and had six of her eight team members die since returning home. All six were less than thirty-five years old. Taking the Connecticut bill, changing the name to a Louisiana bill, and making a few minor amendments preceded a call to my Louisiana congressperson, Rep. Jalila Jefferson-Bullock. The submission deadline was less than twenty-four hours after our meeting. Rep. Juan LaFonta sponsored and Rep. Jefferson-Bullock co-sponsored the bill. The deadline was made. Zeese: What does the legislation accomplish? Smith: The legislation will allow all returning veterans to have the right to get a best practices health screening test for exposure to depleted uranium. The test will use a bioassay procedure involving sensitive methods capable of detecting depleted uranium at low levels and the use of equipment with the capacity to discriminate between different radioisotopes in naturally occurring levels of uranium and the characteristic ratio and marker for depleted uranium. This test will determine if a soldier has been contaminated. It will prevent mis-diagnosis so soldiers are not given the wrong medications that usually make them sicker. It will allow the contaminated soldier to decide about parenting further offspring who have an increased chance of serious birth illnesses or defects. The bill also prescribes a reporting mechanism from the Louisiana's Attorney General to the legislature that requires that awareness sessions and training have been done as required by Army regulations. Zeese: What tips do you have for activists in other states interested in pursuing this in their state? Smith: Stay focused. Depleted uranium testing is for discovery of contamination of a very hazardous material made from radioactive nuclear waste. This is something that truly supports the troops. Remind your elected representatives of that often. Read, study, and discuss with the experts and others experienced in this type of legislation. Other advocates should remember that the weapons manufacturers do not want this in the public. They make a lot of money off this death bringing material. Likewise the military does not want to give up these very effective offensive weapons regardless of how it effects our soldiers or civilians, enemy soldiers, or the environment. Although we did not encounter resistance from those two potential adversaries, weapons manufacturers or the military, others might and they should be prepared to bring in experts. Having veterans testify helps. Another veteran, Ward Reilly, from Baton Rouge was instrumental in helping get the bill through committee. Zeese: What were some of the challenges you faced with this legislation and how did you overcome them? Smith: The only real obstacle we encountered was educating our representative. We knew we would have to educate her and do it quickly but fortunately she agreed to a minimum one-hour meeting. We were lucky as both representatives cared deeply about our troops and taking care of them after they come home. There were no other obstacles. Zeese: What are your next steps? Smith: We have been having awareness sessions at coffeehouses and public events to educate the public, either by passing out literature, making educational speeches, posting literature on the internet, or showing documentaries. We are also communicating with advocates in other states by sharing information, resources, networking, and offering tips to help. And if that doesn't work I may just stand on top of the roof and scream out the truth. Note: I retired after 20 years in the Army and National Guard as a Command Sergeant Major, serving three tours in Viet Nam as a Special Forces Green Beret and was mobilized for Desert Storm. Education includes a Bachelor of Arts in Sociology and a Bachelor of Science in Mechanical Engineering. Currently employed as an engineer living in New Orleans with Julie my wife and life partner for over twenty-six years and our dog, Maggie. Member of Veterans for Peace, Viet Nam Veterans Against the War, and the Louisiana Activist Network. Kevin Zeese is a director of Democracy Rising. You can comment on this column on his blog spot at DemocracyRising.US. [Non-text portions of this message have been removed] 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/ ***************************************************************** 24 Cibola County Beacon: Attorney explains claim E to miners Friday, July 15, 2005 GRANTS - Approximately 600 ex-uranium mineworkers and their families packed the Cibola County Complex auditorium to hear the latest information available on the Radiation Exposure Compensation Act (RECA) and the Energy Employee Occupational Illness Compensation Act (EEOICP) on Wednesday. Many came to hear about the "E-claim" money that will pay miners or their families up to $250,000 if they qualify based on each miner's level of impairment and wage loss. "Basically what subpart E says is that uranium miners will be covered under this provision which was originally drafted for lab workers," said RECA attorney Kevin Martinez. Martinez went on to explain to the crowd that if the miners have already received their original $9,000, then they are eligible to begin filing for these additional monies available under the E-claim provision. Martinez said another section of this provision is new and untested. "It says that if you received your $100,000 or if you contracted a covered illness or...[died] resulting from exposure from a toxic substance," you or your family might be eligible - based again on specific guidelines - for the additional money, Martinez said. Martinez added that the unique part of this small paragraph is that it may open avenues for people to obtain compensation that they did not qualify for under the original RECA provisions. Martinez said that some workers suffering from an illness other than a lung condition might now be eligible. "People who have not been covered under RECA for a lung condition but who have suffered some form of cancer - and all of us know in this room know how common that has been in this area - there is a possibility of developing a claim," he said. Martinez said a doctor must diagnose the miner, and the doctor must be willing to connect the cancer to the exposure to a toxic substance while the miner was employed at the mine. Martinez said it sounds a lot simpler than it is because the miner, in fact, must go through a range of tests to determine the level of exposure. Martinez explained that there is a formula RECA will use to determine the level of compensation due the miner. "It is basically your impairment level plus your wage loss...[that will be] your level of compensation," Martinez said. Martinez said someone is going to have to determine each miner's impairment rating. He said the government would require the doctor in charge of the miner's care to meet the government's specifications. "They say, for example, the doctor has to be board certified in the area of medicine that they are practicing. If it is lungs, I am assuming they are going to want a board certified pulmonary doctor," Martinez said. The attorney said the doctor must follow the American Medical Association guidelines book that outlines impairment ratings. Martinez said that everybody is going to get a different amount of money based on his or her impairment rating. Martinez explained that the money would not come in the form of a lump sum payment, but a medical payment. Martinez encouraged the miners to find their own doctor and get an impairment rating. "The reason I think that is a wise decision is that you put the ball in their [the government's] court to say that your doctor is wrong," Martinez said. He added that a doctor chosen by the miner must still meet the criteria of the Department of Labor (DOL), that the DOL may still require the miner to use a doctor of DOL's choosing (depending on the first doctor's findings) and that the two doctors may not agree on the impairment rating. "The office of workers' compensation will then decide which doctor to believe," Martinez added. The impairment rating will then be multiplied by $2,500 to attain the level of compensation due the miner or the miner's family. The second part of claim E is the wage loss provision. Miners must prove - by either employment or social security records - that they contracted an illness while at work, which, in turn, caused them to take a lower paying job. This applies to miners who worked before 1954. There are two different levels of compensation available depending on the percentage of income loss due to the illness. If a miner was making from 50 percent to 75 percent less, the worker will receive $10,000 multiplied by the number of years until he or she retired. If the miner was making less than 50 percent of his or her previous income, the compensation jumps to $15,000 per year multiplied by the number of years he or she worked until retirement. "It sounds a lot simpler than it really is, but we still do not know what the outcomes will be," Martinez said. Martinez said their offices have been flooded with calls, and he asked for the cooperation and patience of everybody as his staff tries to catch up with returning all the phone calls. Michael Nisbet, the Director of Government Relations for Case Management Systems (CMS), said they do these presentations all over the country. "We always get the biggest turnout of people in this area," Nisbet said. Nisbet said he and Ron Elmlinger, the Clinical Outreach Director for CSM, will be meeting with Governor Concho in Acoma on Thursday, and he has tried to meet with Governor Johnson at Laguna, but Johnson has not been willing to sit down and meet with them. "I am sure there are miners and their families on the reservations who will benefit from this information," said Nisbet. By Will Kie Copyright © 2005Cibola County Beacon. ***************************************************************** 25 AU News.com.au: Northern Territory named for new dump | NT | Breaking News 24/7 - NEWS.com.au (15-07-2005) July 15, 2005 From: AAP Advertisement: AUSTRALIA'S new nuclear waste facility will be located in the Northern Territory, after the Federal Government today identified three potential locations for development. Federal Science Minister Brendan Nelson said the three sites are Mount Everard, 27km north-west of Alice Springs, Harts Range, 165km north-east of Alice Springs, and Fishers Ridge, 42km south-east of Katherine. All are Commonwealth-owned land currently used for defence purposes. The Government will take a year to carry out the detailed site selection process, Dr Nelson said, with the assessment to include security, road access, geological suitability, flora and fauna impacts and heritage issues. "By the end of next year we will have selected one of those sites specifically to be developed," Dr Nelson told reporters. The preferred site will be developed and fully operational by 2011. Dr Nelson said Australians needed to appreciate the proposal was in the national interest. "The reality is we've got to proceed with this now, there will be no further mucking about, the Australian Government is absolutely determined to make sure once and for all that one of these three sites is chosen and then we will proceed to the environmental impact statement and then to the construction of the facility," he said. "If we do not have this facility designed and built and ready to receive waste by 2011, we will not be able to meet our contractual and international treaty obligations." Dr Nelson said he faxed a letter to the Northern Territory's Chief Minister Clare Martin this morning, informing her of the decision. But he warned the Federal Government was working to a strict timetable and had little patience for irrational and overhyped objections. "There needs to be a reality check by those who would be opposed to this," he said. "It is the kind of thing which should not under any circumstances be generating any kind of hysteria among politicians who are self-serving at a state and territory level and are not prepared to put Australia's national interests first." Waste to be managed at the facility would come from the medical, industrial and research use of radioactive materials by commonwealth agencies, including the Australian Nuclear Science and Technology Organisation (ANSTO), the operator of Australia's research reactor. Dr Nelson said Australians needed to realise that if they were to live with the benefits of nuclear science they had to accept nuclear waste as a realistic part of that. All Australians already lived with nuclear waste in their backyards, he said. "We want to make it absolutely clear to Australians that nuclear waste is stored in their suburbs, their hospitals, their universities and their factories," he said. "There is an enormous amount of adhockery at the moment in Australia as to where (nuclear waste) is stored. "The truth, which needs to be understood, is that every state and territory has current low and intermediate levels of waste which it is storing." Search for more stories on ***************************************************************** 26 NEWS.com.au: Dump confirmed for NT (16-07-2005) By Rebecca Hewett July 16, 2005 The Federal Government has confirmed it will build a nuclear waste dump in the Northern Territory. The site will be on Defence Department land near Katherine or Alice Springs. The options are Mt Everard, 27km northwest of Alice Springs on the Tanami Rd; Harts Range, 165km north-east of Alice Springs and Fishers Ridge, 42km south of Katherine. The Northern Territory's two Federal CLP politicians, MHR Dave Tollner and Senator Nigel Scullion, said before the election in 2004, the dump would not be in the NT. The Federal Government's decision has angered the Northern Territory's Labor Government. NT Environment Minister Marion Scrymgour said Territorians were lied to. "The decision is a blatant broken promise," she said. In the run-up to the Federal election in 2004, Environment Senator Ian Campbell said: "The Commonwealth is not pursuing any options anywhere on the mainland ... Northern Territorians can take that as an absolute categorical assurance." The Territory Government is powerless to stop the dump because it will be on Commonwealth land. Federal Science Minister Brendan Nelson said yesterday: "The reality is we've got to proceed with this now -- there will be no further mucking about. "The Australian Government is absolutely determined to make sure once and for all that one of these three sites is chosen." Dr Nelson said the dump would take low and intermediate level radioactive waste from Commonwealth agencies. Low-level radioactive waste would include things such as laboratory gloves, clothing, glassware and contaminated soil. Intermediate radioactive waste would include materials from radiation therapy and industrial waste. But about 50 cubic metres of high-level radioactive waste consisting of spent fuel from Lucas Heights will be encased in glass and cement and brought back to the dump from overseas, where it is sent for reprocessing. The decision to build the dump in the NT has caused a rift in the CLP. Opposition leader Jodeen Carney said she would join Labor in opposing the dump. But CLP Senator Nigel Scullion said he wanted more details. "I want to know exactly what low-level and intermediate-level waste is," he said. "I want detail and I want a letter from the Prime Minister assuring us it won't be taking high-level waste." Dr Nelson said construction would start after an environmental impact study was conducted. It would start taking intermediate, reprocessed waste in 2011. ***************************************************************** 27 Nevada Appeal: Bryan honored for public service with building dedication July 15, 2005 Citing Richard Bryan's efforts to protect Nevada's natural heritage, Gov. Kenny Guinn said Thursday the state's new Conservation and Natural Resources building is the perfect structure to name in the former governor's honor More than 250 people - including many former officials from his tenure as governor - turned out for the dedication honoring Bryan, who served as U.S. Senator, governor, attorney general, assemblyman and state senator during a 34-year career in public service. Bryan said he was "profoundly grateful" for the honor, and pointed out to Guinn this is the first state structure in Carson City named after a Democratic governor. "And I'm not unmindful that the banner on the front of this building is a temporary banner," he said. Bryan, who retired from the U.S. Senate in 2001, said he was raised in a tradition honoring public service. From Las Vegas High, where he was student body president, to the University of Nevada, where again he was student body president, through the U.S. Senate, he ran in 19 elections. "All of you made it possible for me to live my dream," he said. "From the time I was a little boy, I always wanted to be governor." "But it is my wife, Bonnie, who has sacrificed the most," he said. "Without her, none of this would have been possible." "There has been a hand of Richard Bryan in so many things," said Guinn, who ordered the building named in Bryan's honor. He said Bryan helped author the Southern Nevada Lands Management Act, which has freed thousands of acres for development in the Las Vegas area while pumping money into conservation across the state - especially in the Lake Tahoe Basin. He said Bryan headed efforts to protect the Galena Creek watershed and Mount Rose from development and created the Black Rock National Conservation Area. "He has always been a champion of Lake Tahoe and helped bring President Bill Clinton to the forum there in 1997," he said. In his initial opposition to the Yucca Mountain waste dump plan, Bryan "left a template for us to follow as the first governor to speak out against the Yucca Mountain Project," Guinn said. The Bryan Building is the state's first built under a lease-purchase contract with the contractor. Instead of bonding for the structure or paying in cash, the state will effectively purchase the building from the developer much the same way a family buys a home - making payments. Agencies began moving in more than a week ago, even though walls on the top floor were still being textured and painted, high-tech filing systems for legal deeds and maps haven't arrived and landscaping work was just beginning. Over the past few days, crews performed minor miracles getting the bushes, trees and other plants in the ground, decorative rock in place and generally cleaning up construction debris. Department officials said it will be sometime in August before everyone is moved in. -- Contact reporter Geoff Dornan at gdornan@nevadaappeal.comor 687-8750. Bryan Building Fast Facts • Address: 901 S. Stewart St. • home to: More than 400 Conservation and Natural Resources Department employees from a half-dozen divisions, the Public Employee Benefits Program staff and two agencies from Business and Industry • Size: Five floors, 130,000 square feet • Cost to Build: $20 million • Mortgage/Lease payment: Starts at just under $1 million a year and rises gradually to $2.5 million in 2030 - $83,333 a month • term: 27-year mortgage All contents © Copyright 2005 nevadaappeal.com Nevada Appeal - 580 Mallory Way - Carson City, NV 89701 ***************************************************************** 28 AU ABC: Critics slam NT nuclear waste dump Australian Broadcasting Corporation Friday, 15 July 2005. 17:53 (AEST)Friday, 15 July 2005. 17:53 There is a growing chorus of opposition speaking out against the Federal Government's decision to build a nuclear waste dump at a defence site in the Northern Territory. The Federal Minister for Science, Brendan Nelson, says one of three NT sites will be chosen to house low and intermediate level waste. The federal ALP's deputy leader, Jenny Macklin, says the decision is appalling. "That's typical of Brendan Nelson and John Howard, they're just riding roughshod over the laws and the wishes of the Northern Territory community and completely breaking a promise that they made to the people of the Northern Territory before the last federal election," she said. Two of the proposed sites - Hart's Range and Mt Everard - are in the Alice Springs area, and the other, Fisher's Ridge, is near Katherine. The mayor of Katherine, Anne Shepherd, says she is absolutely horrified. "I would be concerned about the stability of our soils, we're in limestone country," she said. "Is it stable enough to support a facility such as this? I certainly have grave, grave concerns." Dr Nelson says the dump has to be built by 2011 to meet international treaty obligations, and to start up a new nuclear reactor in Sydney's south. Dr Nelson says nuclear waste is stored all over Australia and should not be generating hysteria amongst "self-serving" state and territory politicians who are not prepared to put Australia's national interests first. "In Melbourne it is in the basement of the Peter MacCallum Cancer Clinic, in New South Wales it's the EPA in Lidcombe, in Darwin it's at the Royal Darwin Hospital," he said. Dr Nelson says states can ask to put their waste in the Commonwealth site, but he says he feels they should deal with their own inappropriately stored nuclear waste. In the lead-up to both the last federal election and the recent NT election, the CLP's Federal Member for Solomon, Dave Tollner, promised there would not be a nuclear waste dump in the NT. The NT's Opposition Leader, Jodeen Carney, says the Country Liberal Party (CLP) is disappointed by the Federal Government's decision. But she has defended Mr Tollner's previous comments. "I'll certainly be talking with Dave Tollner in due course, however, Dave Tollner is one of a team, this was a Cabinet decision," she said. "Unfortunately our CLP members are not part of Cabinet and I would imagine that they would be disappointed with this news as well." In the past Mr Tollner has said he would support a nuclear waste dump in the Territory if it were the best place for one. Mr Tollner is overseas and unavailable for comment. The Central Land Council (CLC) says the views of Territorians, whether Indigenous or not, do not seem to matter to the Federal Government. CLC director David Ross says the two central Australian sites being considered by the government for the dump, Mount Everard and Harts Range, are close to people's homes and Aboriginal communities. Mr Ross says it seems as though people in Canberra simply looked at a map and thought central Australia looked remote and empty. He says he is sure traditional owners in the area will have deep concerns for their personal safety as well as that of the environment. Related Audio NT to get radioactive waste dump Federal Cabinet has listed three defence land sites in the Northern Territory as possible radioactive waste dump sites. MP3RealMedia 28k+WinMedia 28k+ Govt slams NT dump decision The Northern Territory Government says they have already passed laws banning the storage of any radioactive waste from interstate. MP3RealMedia 28k+WinMedia 28k+ NT chosen as site of new waste dump After months of speculation the Northern Territory has been chosen as the site for a new nuclear waste dump. Federal Cabinet recently ticked off on the plan which will undoubtedly lead to a voter backlash in that state. MP3RealMedia 28k+WinMedia 28k+ NT set to oppose Govt nuclear waste plan The Northern Territory is set to oppose the Federal Government plan for a nuclear waste dump site. MP3RealMedia 28k+WinMedia 28k+ ***************************************************************** 29 AU ABC: Union seeks risk assessment for nuclear waste transport Australian Broadcasting Corporation 07:14 (ACST)Saturday, 16 July 2005. 08:14 (AEDT)Saturday, 16 The Transport Workers Union (TWU) says nuclear waste can be successfully transported by land but all safety procedures must be of the highest standard and operated by union members. The Federal Government has announced that a new radioactive waste facility will be located at a Commonwealth-owned site in the Northern Territory. It has indicated that the waste will be transported by land but no routes have been made public. TWU spokesman Mark Crowsdale says the operation must be handled by professionals. "We'd like to see a risk assessment of the whole process," he said. "We'd like to see a major transport operator with unionised transport workers because if someone is a member of a union then they have the power to say when something is going wrong, they don't fear for their job. "Now the worst thing that could happen is if that waste was on a vehicle with someone who was forced to do something wrong and couldn't say anything about it and we had a major accident as a result." Meanwhile, CLP Senator Nigel Scullion says all Territorians, including himself, need more information about the waste to be stored at the Commonwealth nuclear dump. Senator Scullion previously said he would not allow such a dump "on his watch". But he says he is less concerned about low or intermediate-level waste coming to the Territory. He says it is the used rods from the Lucas Height Reactor in Sydney that concern him. "You will not get my support for this if this a high-level nuclear active waste and that's what most Territorians are concerned about," Senator Scullion said. "As a CLP policy, we're not having other people's waste, particularly concerned with the Lucas Heights Waste so that I think that I'm going to have to wait and see what Brendan Nelson has to say about that." "It's all about making some informed decision and I don't think Territorians can make an informed decision at the moment," he said. ***************************************************************** 30 Yahoo: Australia's Deep Yellow Plans Uranium Acquisitions Friday July 15, 11:01 AM PERTH (Dow Jones)--Australia's Deep Yellow Ltd. (DYL.AU) said Friday that it plans to unveil an expansion of its uranium exploration interests early next week. Shares in Deep Yellow were placed in a trading halt before the market opened Friday, pending a statement by the Perth-based company. "An announcement is likely to be made Monday morning about some uranium acquisitions," Deep Yellow director Gary Steinepreis told Dow Jones Newswires. The upcoming deal follows news late last month that Deep Yellow acquired the uranium exploration rights to prospects owned by Tanami Gold NL. (TAM.AU) in the Tanami-Arunta region of the Northern Territory and Western Australia. "There are a couple of other things that we have put our foot on," Steinepreis said, adding that the new projects are in Australia. Shares in several Australian uranium explorers have risen sharply in recent months on the prospect of new mines opening up in response to high uranium prices. Deep Yellow was queried by the Australian Stock Exchange earlier this month after its shares more than doubled in the space of two weeks. Its shares closed Thursday at 12 cents, off a high of 15 cents struck earlier in the week. -By Stephen Bell, Dow Jones Newswires; 61-8-9245-5120 stephen.bell@dowjones.com -Edited by Ian Pemberton Copyright © 2005Dow Jones &Company Inc. All rights reserved. Copyright © 2005 Yahoo! Pte Ltd. All Rights Reserved. ***************************************************************** 31 Las Vegas SUN: State building named in honor of Richard Bryan Today: July 15, 2005 at 9:36:2 PDT By Cy Ryan <> SUN CAPITAL BUREAU CARSON CITY -- Richard Bryan was praised Thursday as the first governor to oppose Yucca Mountain and later for his efforts in the Senate on the Southern Nevada Lands Act. Gov. Kenny Guinn said Bryan was "right at the front" and "left us a template to follow" in the battle over the nuclear dump. Guinn's remarks were made at the naming of the $19 million state Conservation and Natural Resources building in Carson City in honor of Bryan, who served in the Assembly and state Senate, was state attorney general, then governor and finally served in the U.S. Senate. About 250 people including former members of Bryan's administration and former colleagues in the Legislature attended the hourlong ceremony. Bryan, now in private law practice, said he was "profoundly grateful" to Guinn for this honor. He quipped that he is the first Democratic governor to have a building named after him in Carson City. Other buildings are named after Republican Govs. Henry Blasdel and John Kinkead. Bryan said he hoped future historians would find some merit in the battles today to preserve and conserve Nevada's lands. On the Southern Nevada Lands Purchase Act, Guinn said Bryan and Sen. John Ensign, R-Nev., worked on the measure and the latest sale yielded nearly $800 million, some of which will be set aside to buy and preserve other lands in Nevada. The governor called Bryan a "champion for Lake Tahoe," and Guinn also cited Bryan's help in preserving the Black Rock Desert and Mount Rose in Northern Nevada. The governor noted that the Conservation and Natural Resources Department is scattered around Carson City in private buildings at 40 to 50 locations. In the 27 years over the duration of the lease-purchase agreement with which the building was constructed, the state will save $78 million in rent. The 120,000 square foot building, with financing costs, will cost the taxpayers about $44 million. Among those attending Thursday's event were former Assembly Speakers Joe Dini of Yerington, Lawrence Jacobsen of Minden and Bob Barengo of Reno and former and current Assembly members Roger Bremner of Las Vegas, Dawn Gibbons of Reno, Bob Price of North Las Vegas, Angelo Petrini of Storey County and Gary Sheerin of Carson City, who also served in the Senate. Others attending were Assembly Speaker Richard Perkins, D-Henderson; Senate Majority Leader Bill Raggio of Reno; Sen. Mark Amodei of Carson City; Assemblyman Tom Brady of Yerington; former Republican Attorney General Brian McKay, who succeeded Bryan, and former state Sen. Thomas "Spike' Wilson of Reno. Some of the members of Bryan's administration while he was governor also showed up, including his chief of staff, Marlene Lockard; legal assistant Tim Hay; commerce director Larry Struve and Labor and Employment Security Director Stan Jones. All contents copyright 2005 Las Vegas SUN, Inc. ***************************************************************** 32 Las Vegas SUN: Porter prepared to turn up heat on e-mails Today: July 15, 2005 at 10:52:58 PDT By Suzanne Struglinski SUN WASHINGTON BUREAU WASHINGTON -- Rep. Jon Porter may add another layer to the fight for the Yucca Mountain project's draft license application if he subpoenas the Energy Department for documents related to his investigation into employee e-mails. Porter, R-Nev., requested a copy of the draft during the April 5 subcommittee hearing on the e-mails, but the department has still not turned it over. Porter includes the draft among the pile of documents the department must willingly turn over by 4 p.m. Monday or Porter will get subpoenas for them. Nevada officials want the draft license application, completed last July, to see what decisions the department had made for the proposed nuclear waste repository. The application was supposed to have been turned in last December, but it ran into more delays. Porter wants the draft to see how potentially compromised science may have worked its way into final research. He heads the House Government Reform subcommittee on the federal workforce and agency organization, which is investigating e-mails sent by government employees that suggest employees tampered with scientific research on the repository. Porter has already subpoenaed U.S. Geological Survey scientist Joseph Hevesi for the investigation. Hevesi testified at a June 29 hearing, where he emphasized that he did not falsify any Yucca Mountain project documents. House Government Reform Chairman Tom Davis, R-Va., who has the power to issue the subpoenas, supports Porter's efforts and said the subpoena would be "more in your face to the administration." "There is no reason they should be able to keep these secret," Davis said. "These should be made available to Congress." Davis said getting the document will help members of the committee and Congress as a whole have a better understanding of what is going on at the project. Beyond the draft application, Porter wants organizational charts, correspondence on employment status and other documents. The department did turn over redacted copies of e-mails sent by Hevesi and other employees, but then sent a letter to Porter saying he could view more documents at the department headquarters. "That is an insult to Congress and the American people," Porter said. All contents copyright 2005 Las Vegas SUN, Inc. ***************************************************************** 33 Salt Lake Tribune: Transportation Dept. prepares for nuke hauls Article Last Updated: 07/15/2005 02:34:41 AM Role in overseeing: But Hatch, Bennett ready to block funding for the department positions By Robert Gehrke The Salt Lake Tribune WASHINGTON - The Transportation Department is making preparations for its role in overseeing shipments of spent nuclear fuel to Private Fuel Storage's proposed nuclear waste dump in Utah. The department asked Congress to approve four new staff positions at a cost of about $100,000 each, who would review transit plans for the waste and ensure they comply with existing regulations governing hazardous materials shipments. The department's request indicates steps are already being taken to prepare for shipments to the waste dump, even though the Nuclear Regulatory Commission has not yet granted a license to the facility. A license application filed by Private Fuel Storage, a group of electric utilities, is in its final stages of review and a decision is expected by the end of the summer. Private Fuel Storage plans to store 44,000 tons of high-level waste in steel and concrete casks on the Skull Valley Band of Goshutes Indian reservation until the Energy Department opens a permanent dump, presumably at Yucca Mountain, Nev. Somehow, the language that ended up accompanying the House transportation bill when it passed June 30 was an approval for the Transportation Department to hire two staffers to handle legal challenges over shipments to the waste site. A Transportation Department official, speaking on condition of anonymity, said that is not what the department was seeking and he was not sure how the request morphed into the language that ended up accompanying the House bill. The single paragraph in a 252-page report caught Utah's congressional delegation by surprise, with House members and the state's new lobbyist unaware it had been tucked into the report when the House passed the bill. As it is written, the House passage gives the Transportation Department permission to hire two employees to handle anticipated legal challenges stemming from the shipment of the nuclear waste to the Skull Valley site. The state has made clear that it will go to court to try to block the waste dump, but no lawsuits have been filed, which made the language in the House bill puzzling, said Dianne Nielson, director of the Utah Department of Environmental Quality. As it is written now, the provision in the House bill makes no sense, said Sen. Orrin Hatch. “If the government were to defend itself in a lawsuit - a lawsuit which doesn't exist, by the way - the Department of Justice would handle it, not Transportation. It needs to come out,” he said. “This should not be in the Senate bill, and it should not survive a conference with the House.” The Transportation official said the department anticipates going back and helping to rework the language before it passes the Senate. Sen. Bob Bennett's spokeswoman, Mary Jane Collipriest, said that because of ambiguity in what came out of the House, Bennett will make sure the provision does not make it into the Senate bill when the committee considers it next week. © Copyright 2005, The Salt Lake Tribune. ***************************************************************** 34 Sioux City Journal: Kansas, other states not ready to give up nuke dump project Friday, July 15, 2005 LITTLE ROCK (AP) -- Representatives from four states seemed ready Thursday to abandon two decades of work to build a low-level radioactive waste dump but keep intact their organization in case public health and environmental problems arise. Delegates from Arkansas, Kansas, Louisiana and Oklahoma expressed disappointment that their efforts as the Central Interstate Low-Level Radioactive Waste Compact has not produced a waste facility as Nebraska, a former member, refused to license a dump site in its northeastern corner. Beginning a two-day meeting, they grappled with questions about the compact's fate and a $141 million settlement the compact will receive Aug. 1 to settle the legal dispute with Nebraska. "It's hard to admit defeat. It's hard to work on something for a long time. You know, at what point do you say 'Uncle?' said Catherine Sharp, the compact commissioner for Oklahoma. On the other hand, the delegates were encouraged that the waste problem did not become as bad as what was envisioned 25 years ago, when Congress passed a law mandating states to form compacts and build interstate dumps, and that advanced technology has reduced the waste mass and now disposes it more effectively. "We've been struggling for 25 years to solve a problem that never existed," Kansas commissioner Joseph Harkins said. "The private system today is meeting the demand, and there is no pressing need for government intervention." But none of the four commissioners seemed ready to disband, saying it would be more practical to scale down and remain prepared to respond if necessary. They noted that nuclear power was regaining public acceptance as an energy source, especially in light of U.S. dependency on fossil fuels and foreign oil. And changes in the marketplace, they said, could make it difficult for commercial operators to handle the waste. A federal passed in 1980 law required states to form regional compacts to dispose of their low-level waste, such as tools from nuclear power plants, needles from hospitals and clothing from research labs, or be individually responsible for the waste. No compact to date has opened a regional dump and the country's low-level waste is primarily handled by private facilities in South Carolina, Utah and Washington state. The commissioners approved resolutions Thursday to: -- Not use any of the $141 million settlement to pursue building another waste dump, and -- Take control of about $14 million that had been placed in escrow for a possible waste dump project involving Texas and Nebraska. With the Central Interstate compact, formed in 1983, each member state has paid about $750,000, while private companies have posted millions. States and waste generators have contributed nearly $89 million to the failed disposal facility project in Butte, Neb., according to the compact office in Lincoln, Neb. Of that, the major generators and their estimated shares of the total were Entergy Arkansas, 21 percent; Entergy Gulf States, 17 percent; Entergy Louisiana, 16 percent; Nebraska Public Power District, 16 percent, Omaha Public Power District, 13 percent; and Wolf Creek Nuclear Operating Corporation, 17 percent. In Arkansas, the state contribution came from the Health Department budget. The Duratek facility in Barnwell, S.C., handles much of Arkansas' waste. But Gilson said it has been threatening to shut down. Copyright © 2005 Sioux City Journal Tel: (712) 293-4250 ***************************************************************** 35 NRC: RIN 3150-AH72 Spent fuel casks FR Doc 05-13932 [Federal Register: July 15, 2005 (Volume 70, Number 135)] [Proposed Rules] [Page 40924] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr15jy05-18] List of Approved Spent Fuel Storage Casks: Standardized NUHOMS[reg] -24P, -52B, -61BT, -32PT, -24PHB, and -24PTH Revision; Withdrawal of Proposed Rule AGENCY: Nuclear Regulatory Commission. ACTION: Proposed rule; withdrawal. SUMMARY: The Nuclear Regulatory Commission (NRC) is withdrawing a proposed rule to revise the NUHOMS[reg] -24P, -52B, -61BT, -32PT, - 24PHB, and -24PTH cask system listing within the list of approved spent fuel storage casks to include Amendment No. 8 to Certificate of Compliance (CoC) Number 1004. The NRC is taking this action because the NRC staff has become aware of changes in the Technical Specifications (TS) associated with this CoC. A notice withdrawing the direct final rule is published in the final rule section of this Federal Register. FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 415-6219 (e-mail: jmm2@nrc.gov). SUPPLEMENTARY INFORMATION: On May 25, 2005 (70 FR 30015), the NRC published in the Federal Register a proposed rule amending its regulations in 10 CFR 72.214 to revise the Standardized NUHOM[reg] System listing within the ``List of Approved Spent Fuel Storage Casks'' to include Amendment No. 8 to the CoC. Amendment No. 8 modifies the present cask system by adding a new spent fuel storage and transfer system, designated the NUHOMS[reg] -24PTH System. The NRC also concurrently published a direct final rule on May 25, 2005 (70 FR 29931) that would have become effective on August 8, 2005. The NRC has become aware of changes in the TS associated with this CoC; therefore, the NRC is withdrawing the proposed rule. The NRC will publish a direct final rule, and its companion proposed rule, after the needed revisions to the TS are made. Dated at Rockville, Maryland, this 6th day of July, 2005. For the Nuclear Regulatory Commission. Martin J. Virgilio, Acting Executive Director for Operations. [FR Doc. 05-13932 Filed 7-14-05; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 36 Mos News: France Blocking Russia’s Entry to Spent Nuclear Fuel Market — Rosatom Head - MONEY - MOSNEWS.COM Photo from www.wagingpeace.org Created: 15.07.2005 12:51 MSK (GMT +3), Updated: 12:51 MSK Russia admitted difficulties with its plans for reprocessing spent nuclear fuel, in the face of competition from France and opposition by the U.S., AFX reported. Alexander Rumyantsev, head of the Russian atomic energy agency Rosatom, acknowledged that since Moscow adopted a June 2001 law permitting it to import nuclear waste “we have not imported a single gramme of spent nuclear fuel produced abroad”. His comments do not include fuel from power stations built by the Soviet Union in Eastern Europe. “France does not let new players enter the market,” he told reporters. “And the Americans who criticize us over Iran do not accept the importation to Russia of (spent nuclear) fuel which is under their control in different countries,” he added. Russia was not yet able to reprocess large amounts of fuel, he said, adding: “Our industry can only reprocess some hundreds of tonnes of fuel a year. But Russia can develop its industry.” Russia continues to import spent nuclear fuel from Romania, Bulgaria and Serbia under Soviet-era contracts. Write us: info@mosnews.com Copyright © 2004 MOSNEWS.COM ***************************************************************** 37 AU ABC: NT chosen as site of new waste dump Australian Broadcasting Corporation The World Today - Friday, 15 July , 2005 12:10:00 Reporter: Samantha Hawley ELEANOR HALL: After months of speculation, the Federal Government has this morning announced that the nation's new nuclear waste dump will be located in the Northern Territory. The Federal Government has outlined three possible sites on Commonwealth defence land, but it's a move the Northern Territory Labor Government has vowed to fight. The Federal Science Minister Brendan Nelson made the announcement at the Sydney Lucas Heights nuclear reactor a short time ago. Our reporter Samantha Hawley was there, and she joins us now from Lucas Heights. Sam, what sites are being proposed? SAMANTHA HAWLEY: Well, at this stage, Eleanor, there's three sites in the Northern Territory that are being considered. They're all defence land and because of that, of course, are all on Commonwealth land. And they will hold, the site will eventually hold Commonwealth nuclear waste. One option is in the north of the State, at the Fisher Ridge defence property, and there's two options that the Government is considering in the south of the State. One's at Hart's Range defence property, and one's at Everland defence property, and they're both, as I said, in the south of the Northern Territory. Apparently, according to the Minister, who spoke a short time ago, there are some defence members actually living on the sites in the south of the Northern Territory, and presumably if one of those sites is chosen, they will have to move. Brendan Nelson's also explained to journalists at this press conference a short time ago why the Government's decided on the Northern Territory for the dump. BRENDAN NELSON: The Keating Labor Government in the early 90s did look at a range of sites and chose the Woomera site. We spent specifically eight years building up that site. The parochialism and the efforts undertaken by the South Australian Government were such that in the end we had to abandon that site last year. Whether these sites were considered in the early process, I'm not able to tell you. After the decision to move away from Woomera, we did examine very closely an offshore site. We looked specifically at Christmas Island, which we considered to be unsuitable for security, geological, environmental, and other reasons. We have concurrently been looking at several sites in the Northern Territory, and we have chosen these three. ELEANOR HALL: And that's the Federal Science Minister Brendan Nelson there. ***************************************************************** 38 AU ABC: NT set to oppose Govt nuclear waste plan Australian Broadcasting Corporation The World Today - Friday, 15 July , 2005 12:15:00 Reporter: Anne Barker ELEANOR HALL: As we mentioned, the Northern Territory Government is set to oppose the Federal Government's plan. Already the Territory Opposition has pledged bipartisan support to block any nuclear waste dump being located in the Territory, but the Federal Government may well have the power to force its way. The NT Government is yet to comment publicly. But Doctor Gary Scott from the Northern Territory Environment Centre says he's extremely disappointed at the Commonwealth's decision, and he's been speaking to Anne Barker. GARY SCOTT: It means that we'll be taking the waste of, nuclear waste, the dangerous nuclear waste, of the rest of Australia, and the Territory doesn't need that waste. We've already got uranium mining happening here. We don't need the waste from Lucas Heights dumped on the Northern Territory. ANNE BARKER: We're only talking about low-level waste, though, aren't we? GARY SCOTT: Well at the moment. The Government's still hoping to have a higher level waste dump in Australia on the mainland, and if the Northern Territory gets the low level waste dump, then who knows what's next? ANNE BARKER: Doesn't it make sense though to have a dump like this in the most arid part of Australia, such as central Australia? GARY SCOTT: Well the Commonwealth Government has been forced to find a site because they have insisted on building a new nuclear reactor at Lucas Heights in Sydney. The environment movement has said all along that this new reactor is not necessary. And now of course the Commonwealth is forcing a nuclear waste dump upon the Territory because it's the last resort, they have tried everywhere else, and now they are forcing it on the Territory, because they have the constitutional power to do so. ANNE BARKER: So you believe this is a political decision more than an environmental one, because the Northern Territory Government is perhaps an easier target? GARY SCOTT: Oh definitely. They've tried South Australia, they were told to go away. They've looked at other places offshore and around Australia, and they haven't been able to find a site that is politically acceptable, so now they are forcing it upon the Territory, and Territorians don't want it. ANNE BARKER: Well the Northern Territory Opposition is now saying it will side with the Government in opposing this, but can the NT do anything to stop it? GARY SCOTT: The CLP representatives in Canberra, Dave Tollner and Nigel Scullion, can oppose it in no uncertain terms. They can cross the floor, they can talk to their Cabinet colleagues, and say it's an unacceptable position to be forcing this nuclear waste dump upon the Northern Territory. ELEANOR HALL: Doctor Gary Scott from the Northern Territory Environment Centre, speaking to Anne Barker. ***************************************************************** 39 NRC: RIN 3150-AH72 spent fuel casks FR Doc 05-13933 [Federal Register: July 15, 2005 (Volume 70, Number 135)] [Rules and Regulations] [Page 40879-40880] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr15jy05-2] List of Approved Spent Fuel Storage Casks: Standardized NUHOMS[supreg]-24P, -52B, -61BT, -32PT, -24PHB, and -24PTH Revision; Withdrawal of Direct Final Rule AGENCY: Nuclear Regulatory Commission. ACTION: Direct final rule; withdrawal. SUMMARY: The Nuclear Regulatory Commission (NRC) is withdrawing a direct final rule that would have revised the NUHOMS[supreg]-24P, -52B, -61BT, -32PT, -24PHB, and -24PTH cask system listing within the list of approved spent fuel storage casks to include Amendment No. 8 to the Certificate of Compliance (CoC). The NRC is taking this action because the NRC staff has become aware of changes in the Technical Specifications (TS) associated with this CoC. A notice withdrawing the companion proposed rule is published in the proposed rule section of this Federal Register. FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 415-6219 (e-mail: ). SUPPLEMENTARY INFORMATION: On May 25, 2005 (70 FR 29931), the NRC published in the Federal Register a direct final rule amending its regulations in 10 CFR 72.214 to revise the Standardized NUHOMS[supreg] System listing within the ``List of Approved Spent Fuel Storage Casks'' to include Amendment No. 8 to the CoC. Amendment No. 8 modifies the present cask system by adding a new spent fuel storage and transfer system, designated the NUHOMS[supreg]-24PTH System. The direct final rule was to become effective on August 8, 2005. The NRC also concurrently published a companion proposed rule on May 25, 2005 (70 FR 30015). The NRC has become aware of changes in the TS associated with this CoC; therefore, the NRC is withdrawing the direct final rule. The NRC will publish a direct final rule, and its [[Page 40880]] companion proposed rule, after the needed revisions to the TS are made. Dated at Rockville, Maryland, this 6th day of July, 2005. For the Nuclear Regulatory Commission. Martin J. Virgilio, Acting Executive Director for Operations. [FR Doc. 05-13933 Filed 7-14-05; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 40 AU ABC: Union seeks risk assessment for nuclear waste transport. 16/07/2005. ABC News Online Update: Saturday, July 16, 2005. 7:14am (AEST) The Transport Workers Union (TWU) says nuclear waste can be successfully transported by land but all safety procedures must be of the highest standard and operated by union members. The Federal Government has announced that a new radioactive waste facility will be located at a Commonwealth-owned site in the Northern Territory. It has indicated that the waste will be transported by land but no routes have been made public. TWU spokesman Mark Crowsdale says the operation must be handled by professionals. "We'd like to see a risk assessment of the whole process," he said. "We'd like to see a major transport operator with unionised transport workers because if someone is a member of a union then they have the power to say when something is going wrong, they don't fear for their job. "Now the worst thing that could happen is if that waste was on a vehicle with someone who was forced to do something wrong and couldn't say anything about it and we had a major accident as a result." Meanwhile, CLP Senator Nigel Scullion says all Territorians, including himself, need more information about the waste to be stored at the Commonwealth nuclear dump. Senator Scullion previously said he would not allow such a dump "on his watch". But he says he is less concerned about low or intermediate-level waste coming to the Territory. He says it is the used rods from the Lucas Height Reactor in Sydney that concern him. "You will not get my support for this if this a high-level nuclear active waste and that's what most Territorians are concerned about," Senator Scullion said. "As a CLP policy, we're not having other people's waste, particularly concerned with the Lucas Heights Waste so that I think that I'm going to have to wait and see what Brendan Nelson has to say about that." "It's all about making some informed decision and I don't think Territorians can make an informed decision at the moment," he said. ***************************************************************** 41 SF Chronicle: LIVERMORE / Remove plutonium from lab, task force says Draft paper by federal advisory panel urges nuclear materials be centralized elsewhere Keay Davidson, Chronicle Science Writer Friday, July 15, 2005 Livermore residents who fear nuclear accidents or terrorist attacks at the weapons lab down the street will be able to breathe a sigh of relief if the recommendations of a federal task force are carried out. The report, still in draft form and dated July 13, advises protecting civilian populations by moving plutonium out of Lawrence Livermore National Laboratory -- where 1,500 pounds of the fissionable material are now stored -- and shipping it to a centralized lab elsewhere, probably in the American desert. The shipment would be part of a massive consolidation of U.S. nuclear materials. Such materials are now scattered throughout the nation's nuclear weapons facilities -- which the report depicts as a bloated complex rife with redundant functions. The draft report comes from the U.S. Energy Department's six-member Nuclear Weapons Complex Infrastructure Task Force led by physicist David Overskei of San Diego. Overskei, who received his physics Ph.D. at the Massachusetts Institute of Technology and later was a senior vice president at General Atomics in San Diego, is chairman of the energy secretary's advisory board. Overskei is also president of Decision Factors Inc., which bills itself as providing "strategic analysis of complex programs and issues." For years, anti-nuclear activists have warned that Livermore's cache of plutonium -- an element that, if inhaled even in trace amounts, can cause cancer -- poses a dire public threat, especially in the post-Sept. 11 age of terrorism. On Thursday, Livermore spokeswoman Susan Houghton said the lab would not comment on the Overskei panel's report "because it's a draft report." Until last year, Livermore officials were seeking permission to double the amount of allowable plutonium storage on site. The Overskei report says that moving all of the nation's "special nuclear materials" such as plutonium out of Livermore and other national labs to a single, centralized lab "will substantially increase (U.S. nuclear weapons) Complex efficiency, and reduce Complex transportation, security, and other operating costs, while limiting the number of Complex sites and civilian communities contiguous to the Complex sites that could be targets of terrorist attacks." The same point is elaborated elsewhere in the report: "Consolidation would result in reduction of risk to adjacent civilian populations." It noted that four U.S. sites -- Livermore lab, Los Alamos National Laboratory in New Mexico, the Y-12 plant near Oak Ridge, Tenn., and the Pantex plant at Amarillo, Texas -- "are sufficiently close to residential and commercial structures such that any partially successful terrorist attack on these sites may cause collateral damage to the surrounding civilian population and associated public and private assets." The report drew mixed reactions from lab-watchers Thursday. "The plutonium at Lawrence Livermore is not safe," said Marylia Kelley, leader of one of the Bay Area's most visible anti-nuclear groups, Tri-Valley Cares. "This is a highly populated area -- 7 million people live within a 50- mile radius of the lab, and there are earthquake faults less than 200 feet from the site boundary. This is the perfect time for the DOE to make the decision to permanently halt plutonium operations at Lawrence Livermore and undertake a study to decide where the plutonium should go." Others faulted not so much the report's ideas as its proposed schedule for reforming the nuclear complex. The report talks about the need to plan for a new nuclear weapons complex by the year 2030. But given the current prevalence of terrorism, "what the hell are we going do over the next 25 years? We face some really significant problems (in the nuclear complex) in the next five years," said Pete Stockton, a spokesman for the independent Project on Government Oversight in Washington, a frequent critic of the national labs. He advises moving the plutonium out of Livermore "in a matter of months .. . because of the encroaching neighborhood." In the past, Rep. Ellen Tauscher, D-Walnut Creek, whose district includes the Livermore lab, has resisted calls for immediate removal of the plutonium from the lab. In April 2004 she told The Chronicle: "I'm not going to tell you security is perfect, but, because of criticisms, they have made dramatic improvements and have invested sizable amounts of money to increase security." On Thursday, though, Tauscher issued a statement saying: "I welcome many of the ideas" in the report, "which raises important issues that should be part of a larger discussion about the future of our nuclear weapons policy and our weapons complex." E-mail Keay Davidson at kdavidson@sfchronicle.com. Page B - 1 The San Francisco Chronicle] ***************************************************************** 42 KRQE News 13: Group recommends combining Sandia, LANL Posted: 7/14/2005 8:17:00 PM Source: AP WASHINGTON -- A federal task force recommends consolidating the nation's nuclear weapons plants and sensitive material such as plutonium into a single site. The special task force to the secretary of energy says that would increase security and reduce targets for terrorists. Two of the three nuclear weapons labs -- Los Alamos and Sandia -- are in New Mexico. The report did not recommend a location. But it says site selection should begin immediately. It criticizes the current broad distribution of sensitive nuclear material such as plutonium -- now located at six facilities. US Senator Pete Domenici says the nation shouldn't rush into quick fixes. Domenici says the Energy Department's spending bill prohibits using money to put the recommendations in place. ***************************************************************** 43 Newsday.com: Judge dismissed BNL pollution suit BY INDRANI SEN STAFF WRITER July 15, 2005 Eight years after a group of North Shirley residents sued Brookhaven National Laboratory, saying air, water, and soil pollution from the lab caused elevated cancer rates and stigmatized their neighborhood, a judge has dismissed their case. State Supreme Court Justice Mary M. Werner ruled in May that a plume of groundwater contamination from BNL was too deep to affect residents' drinking water wells and that radioactive contamination levels were within the limits allowed under federal law. She also denied the plaintiffs' request that the case be considered as a class action. Angelo Drago, who is an unnamed plaintiff in the suit, was dismayed to receive a letter from his attorney Tuesday informing him of the decision. The judge "had no right dismissing this lawsuit," said Drago, 58, of North Shirley. "They've destroyed this neighborhood." Richard Lippes, one of the attorneys who brought the suit, said they have filed an appeal and a motion to re-argue the case. Among the problems with Werner's decision, Lippes said, is she did not rule on claims of chemical water contamination, instead focusing on the radioactive pollution covered by a federal law. Mike Goldman, an attorney for BNL, said Werner's decision was right, but the lab does not see it as cause to celebrate. "We do feel sympathy for people who have suffered losses or damages that they feel were attributable to the laboratory," he said. "But the bottom line is that we don't feel we were responsible for those losses or damages, and the court concurred with us." Drago, who has seen some neighbors get cancer and many others move out of a community he now calls "a ghost town," said the whole ordeal leaves him wondering what, if anything, happened. "I feel like, wow, did something occur that was drastic enough for all the lawyers to come down here? Or did nothing happen and they just upset this whole place?" he said. "Even if somebody was not injured, we lost something here that we had. We lost peace of mind." Copyright 2005 Newsday Inc. ***************************************************************** 44 DOE: Environmental Management Site-Specific Advisory Board, Rocky FR Doc 05-13941 [Federal Register: July 15, 2005 (Volume 70, Number 135)] [Notices] [Page 40998-40999] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr15jy05-56] Flats AGENCY: Department of Energy. ACTION: Notice of open meeting. SUMMARY: This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EMSSAB), Rocky Flats. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the Federal Register. DATES: Thursday, August 4, 2005, 6 p.m. to 9 p.m. ADDRESSES: College Hill Library, Room L-211, Front Range Community College, 3705 W. 112th Avenue, Westminster, Colorado. FOR FURTHER INFORMATION CONTACT: Ken Korkia, Executive Director, Rocky Flats Citizens Advisory Board, 12101 Airport Way, Unit B, Broomfield, CO 80021; telephone (303) 966-7855; fax (303) 966-7856. SUPPLEMENTARY INFORMATION: Purpose of the Board: The purpose of the Board is to make recommendations to DOE in the areas of environmental restoration, waste management, and related activities. Tentative Agenda 1. Presentation and Discussion on Results of the Recent Aerial Gamma Survey Conducted at Rocky Flats. 2. Presentation and Discussion on Completion of the Process Waste Lines Remediation Project. 3. Discussion with DOE on Projected Board Work Plan Activities for 2006. 4. Other Board business may be conducted as necessary. Public Participation: The meeting is open to the public. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to agenda items should contact Ken Korkia at the address or telephone number listed above. Requests must be received at least five days prior to the meeting and reasonable provisions will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comment will be provided a maximum of five minutes to present their comments. Minutes: The minutes of this meeting will be available for public review and copying at the office of the Rocky Flats Citizens Advisory Board, 12101 Airport Way, Unit B, Broomfield, CO 80021; telephone (303) 966-7855. Hours of operation are 7:30 a.m. to 4 p.m., Monday through Friday. Minutes will also be made available by writing or calling Ken Korkia at the address or telephone number listed above. Board meeting minutes are posted on RFCAB's Web site within one month following each meeting at: http://www.rfcab.org/Minutes.HTML. [[Page 40999]] Issued at Washington, DC on July 12, 2005. Rachel M. Samuel, Deputy Advisory Committee Management Officer. [FR Doc. 05-13941 Filed 7-14-05; 8:45 am] BILLING CODE 6450-01-P ***************************************************************** 45 DOE: Biological and Environmental Research (BER); Federal Interagency FR Doc 05-13942 [Federal Register: July 15, 2005 (Volume 70, Number 135)] [Notices] [Page 40999] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr15jy05-57] Steering Committee on Multimedia Environmental Modeling AGENCY: Office of Science; Office of Biological and Environmental Research (BER), Department of Energy, (DOE). ACTION: Notice of open meeting. SUMMARY: The annual public meeting of the Federal Interagency Steering Committee on Multimedia Environmental Modeling (ISCMEM) will convene to review progress by the ISCMEM working groups and to discuss initiatives for FY 2006. DATES: August 16, 2005. Time: 9:30 a.m. to 4 p.m. ADDRESSES: The American Geophysical Union (AGU) headquarters building, 2000 Florida Avenue, NW., Washington, DC 20009. FOR FURTHER INFORMATION CONTACT: Inquiries and notice of intent to attend the meeting may be faxed or e-mailed to: Dr. Robert T. Anderson, ISCMEM Chair, Office of Biological and Environmental Research, SC-23.4/ Germantown Building, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585-1290. Tel: 301-903-5549. Fax: 301- 903-4154. Todd.Anderson@science.doe.gov. SUPPLEMENTARY INFORMATION: Background: On July 5, 2001, six Federal agencies entered into a Memorandum of Understanding (MOU) on research and development of multimedia environmental modeling. (For a copy of the MOU with addendums, and details of the activities please see http://www.ISCMEM.Org. ) In 2002-2005, three additional Federal Agencies joined the interagency cooperative project. The MOU establishes a framework for facilitating cooperation and coordination among the following agencies (the specific research organization within the agency is in parentheses): U.S. Army Corps of Engineers (Engineer Research and Development Center); U.S. Department of Agriculture (Agricultural Research Service); U.S. Department of Agriculture (Natural Resources Conservation Service); U.S. Department of Energy (Office of Research and Development); U.S. Environmental Protection Agency; U.S. Geological Survey; U.S. National Oceanographic and Atmosphere Administration; and U.S. Nuclear Regulatory Commission (Office of Nuclear Regulatory Research); U.S. Bureau of Reclamation. These agencies are cooperating and coordinating in research and development (R) of multimedia environmental models, software and related databases, including development, enhancements, applications and assessments of site specific, generic, and process-oriented multimedia environmental models as they pertain to human and environmental health risk assessment. Specifically, the MOU supports collaboration and the exchange of technical information in support of multimedia environmental modeling focusing on environmental risk assessments, including developments/ enhancements of models and mold frameworks or infrastructure and advancement of related technical activities, such as considering uncertainty and model application procedures. Purpose of the Public Meeting: The annual public meeting provides an opportunity for the scientific community, other Federal and State agencies, and the public to be briefed on the progress of the MOU working groups and their initiatives for the upcoming year, and to discuss technological advancements in multimedia environmental modeling. Proposed Agenda: The ISCMEM Chair will open the meeting with a brief overview of the goals of the MOU and the activities of ISCMEM. The four MOU working groups, Software System Design and Implementation, Uncertainty and Parameter Estimation, Subsurface Reactive Transport Modeling, and Distributed Watershed/ Water-Quality Modeling, will then report on their progress during the year. A series of technical presentations will focus on topics related to working group(s) efforts followed by ISCMEM steering committee business discussions. A detailed agenda with presentation titles and speakers will be posted on the MOU public Web site: http://www.ISCMEM.Org. Meeting Access: The headquarters of the American Geophysical Union (AGU) is located at 2000 Florida Avenue, NW., Washington, DC 20009. The most convenient transportation to the meeting venue is via Metro. Take Metro to the Dupont Circle Metro stop on the Red Line. Upon exiting the Metro station proceed Northwest on Connecticut Avenue, NW., for about 3 blocks. Turn right onto Florida Avenue for about \1/2\ block. AGU building is on the right. Please inform the security personnel upon entering the building that you are attending the public meeting on multimedia environmental modeling. The meeting room is on the ground floor to your left as you enter the building. Robert T. Anderson, Chair, Federal Interagency Steering Committee on Multimedia Environmental Modeling. [FR Doc. 05-13942 Filed 7-14-05; 8:45 am] BILLING CODE 6450-01-P ***************************************************************** 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: *****************************************************************