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Send News Stories to news@energy-net.org with title on subject
line and first line of body
NUCLEAR POLICY
1 BBC: China bank named in N Korea probe
2 Xinhua: Six-party talks to resume September 13
3 Korea Times: Nuke Talks to Reopen Tuesday
4 N.Korea six-party talks to resume
5 Guardian Unlimited: China: Six-Party Nuke Talks to Resume 9/13
6 Korea: Digital Chosunilbo: Seoul Suggests Asking N.Korea to APEC Mee
7 US: [du-list] Fw: [ACP] et comment Ch 1 - 2 : 1-1
8 US: [du-list] Entergy answered after the posting on DU list
9 ACA: U.S.-India Nuclear Cooperation: A Reality Check
10 US: ACA: U.S. Nuclear Weapons Guidance, War Plans
11 Asia Times: The unthinkable: A nuclear-armed Japan
12 ACA: Between Noble Goals and Sobering Reality: An Interview with EU
13 ACA: LOOKING BACK: The UN Monitoring, Verification and Inspection Co
NUCLEAR REACTORS
14 US: NRC: Waterford Nuclear Plant Terminates Unusual Event
15 US: newsobserver.com: $2 billion riding on nuclear initiative
16 RIA Novosti: Russian nuclear official says Russia is world's third s
17 US: Michigan Daily: Research reactor causes concern among regulators
18 Xinhua: Nuclear power equipment deal inked
19 US: NRC: Agency Information Collection Activities: Submission for th
20 Asia Times: SEG to equip Qinshan nuclear station
21 Asia Times: Let a hundred reactors bloom
22 EMS: IAEA deliberately downplays Chernobyl death toll to pave way fo
23 US: HVN: Kelly calls on FEMA to address Indian Point emergency prepa
24 Reuters: China seeks to allay US fears on energy resources
25 US: Reuters: Duke's S.C. Oconee 3 power unit up to 91 pct power
26 US: Reuters: Entergy Louisiana Waterford nuke moves closer to restar
27 AU ABC: Nuclear power will not solve climate change
28 Guardian Unlimited Envoy: Pakistan Wants Civilian Nuke Deal
NUCLEAR SECURITY
NUCLEAR SAFETY
29 [du-list] Medical evacuations from Iraq
30 [du-list] Understanding why we don't understand
31 US: [du-list] Mass AG certifies ballot initiative to bring Guard
32 US: NRC: RIN 3150-AH68: 10,000 year dose standard
33 US: OERP: Study of Leukemia at Portsmouth Naval Shipyard
34 US: OERP: Mortality Update for Pantex Weapons Facility
35 US: OERP: Mortality & Radiation-Related Risk of Cancer Study at INEE
NUCLEAR FUEL CYCLE
36 [epa-impact] USEC Inc.'s Proposed American Centrifuge Plant; Notice
37 US: Platts: DCS' request for MOX fuel fabrication facility license d
38 Chemical & Engineering News: Nevada Sues NRC Over Yucca License
39 Chillicothe Gazette: USEC restructuring won't affect Piketon operati
40 US: Salt Lake Tribune: NRC is unlikely to back Utah on N-waste prote
41 NRC: USEC Inc.'s Proposed American Centrifuge Plant; Notice of
42 US: ACA: Is U.S. Reprocessing Worth The Risk?
43 Scoop: Scientists Against Spent Nuclear Fuel Reprocessing
44 US: Scoop: Howard prioritises uranium exports over security
45 US: AU ABC: Uranium price hike tipped to lift interest.
PEACE
US DEPT. OF ENERGY
46 Livermore Lab Security Critized
47 DOE: Notice of Availability of a Supplement Analysis for
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FULL NEWS STORIES
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1 BBC: China bank named in N Korea probe
Last Updated: Thursday, 8 September 2005
[Foreign exchange board at a Bank of China branch]
Bank of China says it is unaware of any US investigation
China's number two bank, Bank of China, has been named in media
reports as the subject of a US inquiry into an illicit North
Korean fund-raising network.
The bank is suspected by the US of links to criminal syndicates
helping to finance Pyongyang's nuclear programme, the Wall Street
Journal reported.
The bank and two others based in Macau were caught up in a major
US operation to shut down the trade, the paper said.
The bank declined to comment, saying it had no knowledge of any
investigation.
"We have always attached great importance to anti-money
laundering activities," bank spokeswoman Clarina Man said.
Another bank named in the report, Seng Heng Bank, also declined
to comment. The third bank, Banco Delta, said it was surprised by
the report, as it had always complied strictly with anti-money
laundering regulations.
Hard currency
The US investigation centres on "lucrative North Korean
enterprises producing narcotics, counterfeit US currency and fake
cigarettes", the Wall Street Journal said in its front-page
report.
It said such ventures produced the hard currency Pyongyang needed
to procure weapons technology abroad.
According to former North Korean traders and financiers who had
fled their country, North Korean banks and businesses were
reliant on foreign banks for nearly all international
transactions, the Wall Street Journal reported.
The paper said the US secret service, justice department,
immigration and customs authorities and other agencies were
investigating the banks as part of a new initiative against
nuclear proliferation that the White House unveiled in June.
In recent weeks, more than 80 people had been arrested in raids
in the US and Taiwan targeting the North Korean networks, while
more than $5m had been seized in fake $100 bills, the report
said.
*****************************************************************
2 Xinhua: Six-party talks to resume September 13
www.xinhuanet.com
www.chinaview.cn 2005-09-08 19:08:46
Special report: Fourth-round six-party talks
[The second phase of the fourth-round six-party talks on the
Korean Peninsula nuclear issue is to resume on Sept. 13 in
Beijing, said Chinese Foreign Ministry spokesman Qin Gang here
Thursday. ]
The representatives from the six countries involved in
six-party talks on North Korea's nuclear program hold hands as
the meeting officially begins in Beijing July 26, 2005.
(Reuters)
BEIJING, Sept. 8 (Xinhuanet) -- The second phase of the
fourth-round six-party talks on the Korean Peninsula nuclear
issue is to resume on Sept. 13 in Beijing, said Chinese Foreign
Ministry spokesman Qin Gang here Thursday.
The talks will be open-ended since all the parties concerned
need to make full consultations on issues concerning how to
realize denuclearization of the Korean Peninsula, Qin said at a
regular press conference.
"The ending date of the talks will be decided by all
concerned parties according to the results of their
consultations," Qin said.
The process of denuclearization is difficult and
complicated, Qin said. "We can not expect to solve all the
problems in just several rounds of talks, but we are not
pessimistic because of that."
As long as the six parties could proceed from the overall
situation of denuclearization and the maintenance of peace and
stability on the Korean Peninsula, show flexibility and take a
pragmatic attitude in discussing related related issues,
progress would be achieved step by step during the
denuclearization process, the spokesman said.
As the negotiation is drawing near, Qin said hoped that
three dialogue and consultations and in the spirit of mutual
respects, equal consultations, mutual understanding and mutual
accommodation, all the parties concerned could take the
opportunity to find a solution that gives consideration to the
concerns and interests of the parties and is acceptable for all
parties.
"China, as one of the six parties and host for the talks,
wouldmake unswerving efforts for the talks to achieve positive
results," Qin said, noting that all the parties concerned need
to show a pragmatic attitude flexibility and make joint efforts
to make progress in the talks.
The fourth round of the Korean Peninsula nuclear issue talks
started from July 26 and recessed on Aug. 7 for resumption
originally scheduled in the week beginning Aug. 29.
Int'l co-op in anti-terrorism needs to be fortified
The international community is still facing the challenge
and threat of terrorism, and thus needs to strengthen
cooperation, Qin Gang said.
Terrorism is public hazard of the mankind. The international
community should make concerted efforts to combat terrorism, he
said.
Terrorist incidents have happened in succession in Turkey,
the United Kingdom and Kenya, and China is also the victim of
terrorism," Qin said.
He stressed that China's stance on anti-terrorism is
persistent, opposing terrorism in all forms.
However, the spokesman noted, there should not be double
standards in anti-terrorism. Anti-terrorism should benefit world
peace and security and promote the progress and prosperity of
the mankind.
He said anti-terrorism should comply with the United Nations
Charter and basic norms of international laws, highlighting that
China opposes connection of the issue with certain religion and
nationality.
"In order to eliminate terrorism, we should eradicate its
source", Qin said.
Chinese FM to attend general debate of 60th UN General
Assembly session
Chinese Foreign Minister Li Zhaoxing will head a delegation
to attend the general debate of the 60th UN General Assembly
session, Qin Gang announced at the press conference.
Qin said that Li will speak to the general debate,
explaining Chinese government's stance on development, UN reform
and the African issues.
Li will also participant in the bilateral and multi-lateral
activities. They include the meetings with UN Secretary-General
Kofi Annan, UN General Assembly President Jan Eliasson, and
foreign ministers of some countries, as well as the
consultations with the Rio Group, Cooperation Council for the
Arab States of the Gulf, and the European Troika foreign
ministers. Enditem
Copyright ©2003 Xinhua News Agency. All rights reserved.
*****************************************************************
3 Korea Times: Nuke Talks to Reopen Tuesday
Hankooki.com > The Korea Times > Nation
By Park Song-wu Staff Reporter
The second session of the six-party talks on North Korea¡¯s
nuclear programs will resume in Beijing on Tuesday, the Ministry
of Foreign Affairs and Trade said in a press release Thursday.
Song Min-soon, deputy minister, will head the Seoul delegation
to the talks, which will not have a scheduled closing date,
following the format of the first session of the negotiations.
The first session, held from July 26 to Aug. 7, entered a recess
after the participating nations failed to narrow their
differences on a pair of key issues _ the scope of nuclear
dismantlement and Pyongyang¡¯s hope to retain civilian nuclear
facilities.
Unification Minister Chung Dong-young, who concurrently heads
the standing committee of the National Security Council,
predicted at a seminar in Seoul earlier in the day that
Pyongyang¡¯s demand for a light-water reactor will be the
stumbling block in the upcoming talks.
It is not yet clear whether North Korea wants to see the
completion of the two light-water reactors in Sinpo, South
Hamkyong Province, or to retain a right to have such reactors in
the future. Pyongyang obtained the reactors in a 1994 deal with
Washington.
South Korea has wanted to scrap the Sinpo project since it
recently pledged to provide electricity to North Korea.
Participating countries in the six-party talks _ the two Koreas,
the U.S., host China, Russia and Japan _ originally planned to
reconvene in Beijing in the week of Aug. 29. But North Korea
delayed it two weeks, citing the annual South Korea-U.S.
military exercise and Washington¡¯s appointment of a special
envoy to monitor Pyongyang¡¯s human rights situation.
Officials in Seoul say that Washington might have a
``flexible¡¯¡¯ approach toward Pyongyang¡¯s hope to have
peaceful nuclear programs. But experts say that it remains to be
seen how much flexible the U.S. will be toward the ``nuclear
ex-convict.¡¯¡¯
The U.S. insisted that North Korea should not be allowed to have
any nuclear programs, citing Pyongyang¡¯s past history of
violating international nuclear treaties including the 1994
accord.
But South Korea says Pyongyang should be given the right to have
peaceful nuclear programs if it abandons all nuclear weapons and
nuclear weapons programs and restores confidence by rejoining
the non-proliferation treaty and abiding by the U.N.¡¯s nuclear
safeguard regulations.
North Korea expelled nuclear inspectors at the end of 2002 and
quit the non-proliferation treaty in January 2003, when
Washington accused Pyongyang of running a secret
uranium-enrichment program. North Korea has denied the claim.
im@koreatimes.co.kr 09-08-2005 19:20
*****************************************************************
4 N.Korea six-party talks to resume
Tuesday Thu Sep 8, 2005 3:38 AM ET
BEIJING, Sept 8 (Reuters) - Six-party talks on North Korea's
nuclear crisis will resume on Tuesday after a break of more than
a month, the Chinese Foreign Ministry confirmed on Thursday.
The six parties -- host China, Russia, Japan, the United States
and the two Koreas -- have agreed in principle to ensuring the
Korean peninsula is free of nuclear weapons but analysts say
North Korea and the United States remain far apart on key issues,
including Pyongyang's right to a civilian nuclear programme.
Chinese Foreign Ministry spokesman Qin Gang told a news
conference on Thursday the talks would begin as expected on Sept.
13 in Beijing.
"We hope all relevant parties can seize this opportunity, with a
spirit of mutual respect ... to find a solution through
negotiations that takes into consideration the concerns and
interests of all sides and is acceptable to all sides," Qin said.
Washington said in 2002 that Pyongyang had admitted to a secret
programme to enrich uranium in violation of a 1994 agreement, a
claim North Korea later denied.
North Korea threw out international inspectors at the end of
2002 and withdrew from the nuclear Non-Proliferation Treaty in
January 2003.
Pyongyang, which has routinely accused the United States of
hostility in the talks and lack of trust, has been playing the
nuclear card to win diplomatic and economic benefits since the
stand-off began.
The first three rounds of six-party talks ended inconclusively.
The fourth round began in late July, after a break of a year, and
went into recess after 13 days.
The main sticking point was North Korea's insistence on the
right to a civilian nuclear programme.
The U.S. State Department said on Thursday U.S. negotiators
would stay in Beijing "as long as it takes" if the talks made
progress.
© Reuters 2005.
All Rights Reserved.
*****************************************************************
5 Guardian Unlimited: China: Six-Party Nuke Talks to Resume 9/13
From the Associated Press
[UP]
Thursday September 8, 2005 9:31 AM
AP Photo SEL104
By JAE-SOON CHANG
Associated Press Writer
SEOUL, South Korea (AP) - International talks on North Korea's
nuclear program will resume next week, China's Foreign Ministry
announced Thursday, as Pyongyang renewed its demand Washington
withdraw its troops from the South to prove it doesn't plan to
attack.
The talks, aimed at ending North Korea's nuclear ambitions,
recessed Aug. 7 after the two Koreas, the United States, China,
Japan and Russia failed to agree on a statement of principles
after 13 days of negotiations.
North Korea has insisted on the right to a civilian nuclear
program, but Washington says it shouldn't be allowed any nuclear
program at all because of its record of broken promises.
The talks were supposed to resume in Beijing last week, but
North Korea delayed their resumption by two weeks without
setting a specific date, citing U.S.-South Korean military
exercises and Washington's appointment of a special envoy on
North Korea's human rights.
Qin Gang, spokesman for China's Foreign Ministry, said the talks
would resume Tuesday but didn't provide any further details.
Hours before the announcement, North Korea said the United
States must withdraw its troops from South Korea if it is
serious about its promise not to attack the communist state - a
perceived threat the communist state has used to justify its
nuclear weapons program.
North Korea has repeatedly said it can't dismantle its nuclear
program unless the United States drops its ``hostile'' policy.
The Rodong Sinmun, the North's main newspaper, claimed the
United States is driving a ``fire cloud of war'' over the Korean
Peninsula by positioning state-of-the-art military hardware in
the South and preparing for a pre-emptive nuclear attack against
the North.
``If it is true that the U.S. has no intention to invade (North
Korea) and has the stance to ensure peace on the Korean
Peninsula and improve the relations with (North Korea), it
should prove it in practice by making a decision for the
withdrawal of its troops without delay,'' the newspaper said in
a commentary carried by the North's official Korean Central News
Agency.
The United States has said repeatedly it has no intention of
invading North Korea.
Thursday was what North Korea called the 60th anniversary of
U.S. troops' ``occupation'' of South Korea. Korea was divided
after its liberation from Japan's colonial rule at the end of
World War II in 1945, with U.S. forces stationed in the South
and Soviet forces in the North.
About 32,500 American troops are now stationed in the South
under a mutual defense treaty as a deterrent against threats
from the North.
But the communist state said the recent U.S.-South Korean
military exercise proved Washington was planning an invasion.
The 12-day drill that ended this month was largely a
computer-simulated war game that U.S. and South Korean officials
say is purely defensive.
The nuclear row broke out in late 2002 after U.S. officials said
the North admitted having a secret nuclear program in violation
of an earlier deal to abandon its weapons ambitions. The two
Koreas technically remain in a state of war as the 1950-53
Korean War ended in a truce, not a peace treaty.
Guardian Unlimited © Guardian Newspapers Limited 2005
*****************************************************************
6 Korea: Digital Chosunilbo: Seoul Suggests Asking N.Korea to APEC Meet
Home> Biz/Tech Updated Sep.8,2005 21:27 KST
Finance Minister Han Duck-soo on Thursday proposed inviting
North Korea to the next APEC finance ministers¡¯ meeting as an
observer if six-party talks on the North Korean nuclear issue
make substantial progress.
Han made the proposal in a keynote address at this year¡¯s
finance ministers¡¯ meeting, which opened in Jeju Island on
Thursday. He said some Asian-Pacific countries had still not
joined APEC 10 years after the organization was formed.
A Finance Ministry official explained the minister merely
suggested that the meeting discuss ways of providing
international aid to and promoting economic cooperation with the
North, which could get under way if and when the six-party talks
succeed.
The South Korean government has several times asked other
countries to support North Korea¡¯s membership of international
financial organizations, including at the annual meeting of the
Asian Development Bank in 1997 and at the annual meeting of the
IMF-World Bank in 2002. But the request proved unpopular with
several countries.
(englishnews@chosun.com )
*****************************************************************
7 [du-list] Fw: [ACP] et comment Ch 1 - 2 : 1-1
Date: Thu, 08 Sep 2005 15:09:26 -0700
autolearn=ham version=3.0.4
X-Spam-filter-host: darwin.ctyme.com - http://www.junkemailfilter.com
We are seeking comments on the EIS for the American Centrifuge Plant in
Piketon,Ohio. here is the transportation route for waste there is also a
list of states where the material is coming from. DU conversion plant also
in the EIS..I will be sending four other e-mails. We can use all the help
we can get. Thank you if you can help us..Vina/PRESS
Metropolis, IL to ACP
Port Hope, ON to ACP
Wilmington, DE to ACP
ACP to Richland, WA
ACP to Columbia, SC
ACP to Wilmington, NC
ACP to Seattle, WA (Korea)
ACP to Seattle, WA (Japan)
Richland, WA to ACP
Columbia, SC to ACP
ACP to Clive UT
ACP to Nevada Test Site, NV
ACP to Gainsville, FL
Comment by et on Ch 1 - 2 section 1-1
See http://www.cpanews.org/cgi-bin/deis/cover-to-ch2/xcomments?page=31
Comment:
40 CFR: Protection of Environment
PART 1503-COMMENTING
(from http://ecfr.gpoaccess.gov/, "electronic CFR")
§ 1503.3 Specificity of comments.
top
(a) Comments on an environmental impact statement or on a proposed action
shall be as specific as possible and may address either the adequacy of
the
statement or the merits of the alternatives discussed or both.
(b) When a commenting agency criticizes a lead agency's predictive
methodology, the commenting agency should describe the alternative
methodology which it prefers and why.
(c) A cooperating agency shall specify in its comments whether it needs
additional information to fulfill other applicable environmental reviews
or
consultation requirements and what information it needs. In particular,
it shall specify any additional information it needs to comment adequately
on
the draft statement's analysis of significant site-specific effects
associated with the granting or approving by that cooperating agency of
necessary Federal permits, licenses, or entitlements.
(d) When a cooperating agency with jurisdiction by law objects to or
expresses reservations about the proposal on grounds of environmental
impacts, the agency expressing the objection or reservation shall specify
the mitigation measures it considers necessary to allow the agency to
grant
or approve applicable permit, license, or related requirements or
concurrences.
§ 1503.4 Response to comments.
(a) An agency preparing a final environmental impact statement shall
assess and consider comments both individually and collectively, and shall
respond by one or more of the means listed below, stating its response in
the final statement. Possible responses are to:
(1) Modify alternatives including the proposed action.
(2) Develop and evaluate alternatives not previously given serious
consideration by the agency
(3) Supplement, improve, or modify its analyses.
(4) Make factual corrections.
(5) Explain why the comments do not warrant further agency response,
citing the sources, authorities, or reasons which support the agency's
position and, if appropriate, indicate those circumstances which would
trigger agency reappraisal or further response.
(b) All substantive comments received on the draft statement (or
summaries
thereof where the response has been exceptionally voluminous), should be
attached to the final statement whether or not the comment is thought to
merit individual discussion by the agency in the text of the statement.
(c) If changes in response to comments are minor and are confined to the
responses described in paragraphs (a)(4) and (5) of this section,
agencies
may write them on errata sheets and attach them to the statement instead
of
rewriting the draft statement. In such cases only the comments, the
responses, and the changes and not the final statement need be circulated
(§1502.19). The entire document with a new cover sheet shall be filed as
the
final statement (§1506.9).
To see all comments on this document, go to
http://www.cpanews.org/cgi-bin/deis/xshow_comments
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8 [du-list] Entergy answered after the posting on DU list
Date: Thu, 08 Sep 2005 16:32:00 -0700
autolearn=ham version=3.0.4
X-Spam-filter-host: darwin.ctyme.com - http://www.junkemailfilter.com
data: Thu, 8 Sep 2005 16:17:00 -0500
Da: "BOWLING, MICHAEL A"
A: "'max@ocdbgroup.net'"
soggetto: RE: From www.entergy.com/CORP -- Nuclear Questions
Thanks for your email. Please forgive our delay in responding. This
particular email account has been inaccessible for several days due
to technical difficulties.
All of our nuclear generating units responded in accordance with
plant design and safe operating procedures. Three of our nuclear
plants were affected by the hurricane - Waterford 3, River Bend and
Grand Gulf. River Bend and Grand Gulf continued to operate safely
and reliably and are operating reliably today.
None of our nuclear plants experienced any significant damage as a
result of the storm.
Waterford 3 was shut down on Aug. 28, as procedurally required in
advance of projected sustained hurricane force winds. Restart will
still require a determination from the Federal Emergency Management
Agency. FEMA works in concert with local parish and state emergency
response agencies in making that determination.
-----Original Message-----
From: max@ocdbgroup.net [mailto:max@ocdbgroup.net]
Sent: Tuesday, September 06, 2005 4:39 AM
To: nuclear@entergy.com
Subject: From www.entergy.com/CORP -- Nuclear Questions
Nuclear Questions
----------------------------------------------------
Region: CORP
CustomerName: Marco Saba
Email: max@ocdbgroup.net
Comments: Due to the flooding, there were any problem with the
nuclear facility at Waterford 3 ? Send Information On: 9/6/2005
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9 ACA: U.S.-India Nuclear Cooperation: A Reality Check
Arms Control Association: Arms Control Today:
Daryl G. Kimball
Leaders in Washington and New Delhi claim their July 18 civil
nuclear cooperation and nonproliferation deal is a
transformational event that will deepen the ties between the two
countries and strengthen the effort to stop the spread of
nuclear weapons. The agreement is indeed historic, but a sober
reading reveals that the nonproliferation benefits are vastly
overstated and the damage to the nonproliferation regime is
potentially high.
The deal calls for broad civil nuclear cooperation for the first
time since Indias 1974 nuclear test explosion, which
demonstrated that New Delhi was willing to use civilian
technology assistance to build nuclear weapons and was
determined not to join the 1968 nuclear Nonproliferation Treaty
(NPT).
However, President George W. Bush will have to convince Congress
to make sweeping changes in U.S. nonproliferation laws that
restrict the export and licensing of nuclear and dual-use
materials and technologies. Bush also will have to persuade the
worlds 44 other major nuclear technology suppliers to bend rules
forbidding assistance to nonmembers of the NPT unless they
accept comprehensive, full-scope nuclear safeguards.
This radical new approach, if implemented, would effectively
grant India highly sought-after access to sensitive nuclear
technology only accorded to states in full compliance with
global nonproliferation standards. It would also treat India in
much the same way as the five original nuclear-weapon states by
exempting it from meaningful international nuclear inspections.
It is a virtual endorsement of Indias nuclear weapons status.
What is wrong with that? It would make the job of blocking the
spread of nuclear weapons more difficult, if not now, then in
the future. Other responsible countries have for decades
remained true to the original NPT bargain and forsworn nuclear
weapons in return for access to peaceful nuclear technology
under strict and verifiable control. Many of these states made
this choice despite strong pressure to spurn the NPT and pursue
the nuclear weapons path. They might make a different choice in
the future if India is allowed to have their radioactive cake
and eat it too.
For his part, Prime Minister Manmohan Singh agreed that India
would assume the same responsibilities and practices as other
countries with advanced nuclear capabilities. He agreed to some
new nuclear practices, and he reiterated some of Indias modest
nuclear restraint commitments. The main selling point is that
India would identify its civilian and its military nuclear
assets and put the civilian facilities under safeguards and
allow tighter inspections under the terms of the 1997 Model
Additional Protocol.
If India were to receive technical assistance for nuclear
energy, clearly separating its civilian and military programs is
essential to ensure that outside assistance is not directly used
to build bombs. But the core purpose of nuclear safeguards and
the Model Additional Protocol is to detect and deter the
diversion of nuclear weapons material and related technology to
the military sector. The application of such safeguards only to
the civilian sector would do little or nothing to limit or even
monitor Indias production of fissile material for weapons.
If the IAEA negotiates an additional protocol agreement similar
to the symbolic ones that apply to the five original
nuclear-weapon states, India would be permitted to exclude
military-related facilities and even portions of civilian
facilities on national security grounds. As a result, India
might continue to use spent fuel from power generation reactors
to acquire plutonium for weapons.
The Bush-Singh agreement also commits India to refrain from
transferring sensitive nuclear and missile technology. India
deserves credit for these actions, but these are minimal steps
that every country with such capabilities should be expected to
undertake. At the same time, India continues to engage in a
destabilizing missile race with Pakistan.
There are no measures in the July communiqué that would restrain
Indias nuclear weapons program. If India wants to become a
responsible nuclear-weapon state with a minimum nuclear
deterrent capability, it must be prepared to stop producing
fissile material as the five original nuclear-weapon states
claim to have done and actively support the conclusion of a
verifiable fissile material production cutoff treaty. It must be
prepared to declare at least some of its nuclear material excess
to its military programs and place that material under
international safeguards. It must also be prepared to sign the
Comprehensive Test Ban Treaty, as the original five
nuclear-weapon states have done.
Bushs gambit to radically revise U.S. nonproliferation law and
policy demands detailed congressional hearings and revisions.
Making far-reaching exceptions to existing international nuclear
nonproliferation practices might only be justified if the
nonproliferation and disarmament commitments outlined in the
Bush-Singh statement significantly strengthened the
nonproliferation regime. As of now, they do not.
The Arms Control Association is a non-profit, membership-based
organization.
If you find our resources useful, please consider joining or
making a contribution.
Arms Control Today encourages reprint of its articles with
permission of the Editor.
© 2005 Arms Control Association,
1150 Connecticut Avenue, NW, Suite 620
Washington, DC 20036
Tel: (202) 463-8270 | Fax: (202) 463-8273
*****************************************************************
10 ACA: U.S. Nuclear Weapons Guidance, War Plans
Arms Control Association: Arms Control Today:
The Role of U.S. Nuclear Weapons: New Doctrine Falls Short of
Bush Pledge
Hans M. Kristensen
A nuclear draft doctrine written by the Pentagon calls for
maintaining an aggressive nuclear posture with weapons on high
alert to strike adversaries armed with weapons of mass
destruction (WMD), pre-emptively if necessary.
The doctrine, the first formal update since the Bush
administration took office, is entitled Doctrine for Joint
Nuclear Operations[1] and has been strongly influenced by the
Nuclear Posture Review (NPR) and other directives published by
the Bush administration since 2001. A final version is expected
later this fall.
The draft doctrine and editing comments were freely available on
the Internet until recently, providing a rare glimpse into the
secret world of nuclear planning in the post-Cold War era.
Foremost among the doctrines new features are the incorporation
of pre-emption into U.S. nuclear doctrine and the integration of
conventional weapons and missile defenses into strategic
planning. The Bush administration claims that it is
significantly reducing the role of nuclear weapons.
Unfortunately, but perhaps not surprisingly, the updated
doctrine falls far short of fulfilling the administrations
claim. Instead of reducing the role of nuclear weapons, the new
doctrine reaffirms an aggressive nuclear posture of modernized
nuclear weapons maintained on high alert. Conventional forces
and missile defenses merely complementinstead of replacenuclear
weapons.
The new doctrine continues the thinking of the previous version
from 1995 in its reaffirmation of nuclear deterrence. It differs
in three other key elements: the threshold for nuclear use,
nuclear targeting and international law, and the role of
conventional and defensive forces.
Whats New?
The importance of the new doctrine is less about what it directs
the military to do, and more about what it shows U.S. nuclear
policy has become. It has changed considerably from the 1995
version. A new chapter has been added on theater nuclear
operations, a discussion of the role of conventional and
defensive forces, and an expanded discussion on nuclear
operations.
The addition of a chapter on theater nuclear operations reflects
the post-Cold War preoccupation of U.S. nuclear planners on
finding ways of deterring regional aggressors (i.e., rogue
states) armed with nuclear, chemical, and biological weapons. It
also reflects a decade-old rivalry between the regional
combatant commanders and U.S. Strategic Command (STRATCOM) over
who owns regional nuclear-strike planning.
Yet, the new doctrines approach grants regional nuclear-strike
planning an increasingly expeditionary aura that threatens to
make nuclear weapons just another tool in the toolbox. The
result is nuclear pre-emption, which the new doctrine enshrines
into official U.S. joint nuclear doctrine for the first time,
where the objective no longer is deterrence through threatened
retaliation but battlefield destruction of targets.
Another highly visible change is the incorporation of a
discussion of the role of conventional weapons and defensive
forces into the sections describing the purpose, planning, and
employment of nuclear forces. What is most striking is the
extent to which conventional and defensive capabilities are
woven into the fabric of nuclear planning.
Reaffirmation of Deterrence
In the foreword to the 2001 NPR report, Secretary of Defense
Donald Rumsfeld stated that the review puts in motion a major
change in our approach to the role of nuclear offensive forces
in our deterrent strategy. In Rumsfelds testimony to Congress
and numerous statements made by other officials, the Bush
administration portrayed the NPR as reducing the role of nuclear
weapons, lowering the readiness requirement for the nuclear
forces, and increasing the role of non-nuclear and missile
defense capabilities.
Yet, the major change in the role of nuclear weapons is
difficult to find in the new doctrine. Instead, the new nuclear
doctrine presents an emphatic defense for nuclear deterrence
with sustaining and modernizing nuclear forces maintained on
high alert. To maintain their deterrent effect, the doctrine
states, U.S. nuclear forces must maintain a strong and visible
state of readinesspermitting a swift response to any no-notice
nuclear attack against the United States, its forces, or allies.
For the authors of the new doctrine, the logic behind such an
aggressive posture is simple: military strength automatically
strengthens deterrence. Therefore, stronger nuclear capabilities
also benefit national security. Indeed, defending the nation
against its enemies is best achieved, the new nuclear doctrine
declares, through a defense posture that makes possible war
outcomes so uncertain and dangerous, as calculated by potential
adversaries, as to remove all incentives for initiating attack
under any circumstances.
This nuclear dogma is by no means new to deterrence theory, but
the new nuclear doctrine fails to explain, even illustrate, why
deterrence necessarily requires such an aggressive nuclear
posture and cannot be achieved at lower levels without
maintaining nuclear forces on high alert. A deterrence posture
can also be excessive, with capabilities far beyond what is
reasonably needed. Threatening nuclear capabilities may in
theory deter potential enemies but may just as well provoke
other countries and undercut other vital aspects of U.S. foreign
policy. The end result may be decreased security for all.
Nor does the new nuclear doctrine spell out why the Pentagon
ultimately settled on the force that it did. It says that the
basis of its decision is a vague and unspecific invention called
capability-based planning that the Pentagon says focuses on the
means and how adversaries may fight; not a fixed set of enemies
or threats. This hardly seems to be a new development, as U.S.
military planning has always focused on how adversaries might
fight. Even capability-based planning must identify a set of
enemies and threats that is, for all intents and purposes,
fixed. Still, the new doctrine repeats the NPRs decision that a
force level of 1,700-2,200 operationally deployed strategic
warheads is the lowest possible number that the United States
can maintain while maintaining a credible deterrent. Just how
the 1,700-2,200 warhead level was decided remains a mystery.
The mystery is even greater because the Pentagon claims that the
force-sizing is not driven by an immediate contingency involving
Russia. Yet, in 1996 when STRATCOM examined force structure
options in preparation for the 1997 Helsinki agreementwhen
Russia was an immediate contingencythe bottom-line force level
was also 2,000 warheads.[2] Keith Payne, who co-chaired the
Deterrence Concepts Advisory Group that drafted the NPR and
subsequently served as deputy assistant secretary of defense
from 2002 to 2003, recently explained:
In general, the NPRs recommended force structure and number of
deployed nuclear warheads was calculated to support not only the
immediate requirements for deterrence, but also to contribute to
the additional goals of assuring allies and friends, dissuading
potential opponents from choosing the route of arms competition
or military challenge, and providing a hedge against the
possible emergence of more severe, future military threats or
severe technical problems in the arsenal.[3]
The only item on that list that is new, and only partially so,
is dissuading potential opponents from choosing the route of
arms competition or military challenge. Deterring enemies,
assuring allies, and hedging are all elements of U.S. nuclear
planning that are as old as the post-Cold War era; the first two
are even as old as the nuclear age itself.
Even so, under the headline New Thinking for a New Era, the new
nuclear doctrine describes capability-based planning as a major
break from Cold War thinking that allows the United States to
take the lead in reducing nuclear stockpiles rather than rely on
protracted arms control negotiations. That claim overlooks the
first Bush administrations Presidential Nuclear Initiatives of
1991 and 1992, both of which took the lead without protracted
negotiations well before the current Bush administration
presented its new thinking. The claim also overlooks that not
one of the strategic nuclear reductions announced by the 2001
NPR was conceived by the Bush administration. All, without
exception, implemented decisions made in the 1990s.
Lowering the Bar for Nuclear Use
So what does the Pentagon mean when it refers to
capability-based planning? One indication comes from the claim
made in the new nuclear doctrine and by government officials
during the past couple of years that a major break has occurred
in nuclear planning. A break does seem to have occurred but is
not about reducing the role of nuclear weapons. Granted, the
number of weapons have been reduced, but the major break is
about transforming nuclear plans and capabilities to enable
destruction of targets anywhere in the world more efficiently.
In that transformation lays a subtle belief that nuclear
deterrence will fail sooner or later, and before it does, U.S.
nuclear forces and war plans need to be ready and capable of
striking, even pre-emptively.
The signs of this development are evident throughout the new
nuclear doctrine in its description of the need for responsive
nuclear forces that can rapidly respond to threats anywhere. It
even defines a new category of nuclear planning, Crisis Action
Planning, as the time-sensitive development of joint operations
plans and orders in response to an imminent crisis. It is
different from highly structured Deliberate Planning and
flexible Adaptive Planning:
Crisis action planning follows prescribed crisis action
procedures to formulate and implement an effective response
within the time frame permitted by the crisis. It is distinct
from adaptive planning in that emerging targets are likely to
have no preexisting plans that could be adapted. Success in
engaging these types of targets depends heavily upon the speed
with which they are identified, targeted, and attacked.
The basis for this drive for speed and responsiveness is the
perception of the threat that faces the United States and its
allies in the 21st century. It has become almost a mantra in
national security discussions and analysis to portray todays
multipolar security environment as more unpredictable and
dangerous than even the Soviet threat during the Cold War. The
new nuclear doctrine enshrines that hype into nuclear doctrine.
Although todays threats from rogue states and terrorists are
serious indeed, it is healthy to keep in mind, especially when
discussing nuclear weapons policy, that they are on a completely
different scale than the global nuclear standoff that
characterized the Cold War. Then, the human race and life on the
planet was held at nuclear gunpoint for four decades, only 30
minutes away from global annihilation. Todays nuclear strategy
often operates on a far different scale: incorporating the far
more limited threat from hostile states and even terrorists.
Yet, the new doctrine ignores this distinction and instead
lowers the crisis intensity level needed to potentially trigger
use of U.S. nuclear weapons by replacing war with conflict. The
change may seem trivial, but its implication is important and
deliberate. The change was proposed by STRATCOM, which explained
that [r]eplacing the word war with conflict involving the use of
emphasizes the nature of most conflicts resulting in use of a
nuclear weapon. Nuclear war implies the mutual exchange of
nuclear weapons between warring partiesnot fully representative
of the facts.
During the Cold War, a nuclear war between the United States and
the Soviet Union would have involved both countries launching
nuclear weapons at each other. Yet, in the post-Cold War era a
conflict may involve only one or a few nuclear weapons being
used and not necessarily by both warring countries in an
exchange. The new doctrine predicts that terrorists and rogue
states armed with weapons of mass destruction will likely test
U.S. security commitments to its allies and friends.
To be sure, some parts of this approach are not new: the 1995
doctrine also considered a role for nuclear weapons against
terrorists despite serious questions about the credibility of
such a role. Put together, however, the rhetoric in the new
doctrine indicates that military planners anticipate that U.S.
nuclear weapons might be used in much less intense crises than
envisioned previously.
For example, the new nuclear doctrine states that an adversary
might detonate a nuclear weapon high in the atmosphere to damage
U.S. military electronic equipment with a high-altitude
electromagnetic pulse. Whatever the adversary use might be, the
new nuclear doctrine makes it clear that the United States will
not necessarily wait for the attack but pre-empt with nuclear
weapons if necessary. It identifies four conditions where
pre-emptive use might occur:
An adversary intending to use weapons of mass destruction
against U.S., multinational, or allies forces or civilian
populations.
Imminent attack from an adversarys biological weapons that only
effects from nuclear weapons can safely destroy.
Attacks on adversary installations including weapons of mass
destruction; deep, hardened bunkers containing chemical or
biological weapons; or the command and control infrastructure
required for the adversary to execute a WMD attack against the
United States or its friends and allies.
Demonstration of U.S. intent and capability to use nuclear
weapons to deter adversary WMD use.
The previous doctrine from 1995 did not describe specific
scenarios where the United States might use nuclear weapons
pre-emptively, but the new doctrine enshrines the Bush
administrations pre-emption policy into official U.S. nuclear
doctrine. It acknowledges that the belligerent that initiates
nuclear warfare may find itself the target of world condemnation
but adds that no customary or conventional international law
prohibits nations from employing nuclear weapons in armed
conflict. In other words, the Pentagon seems to conclude the
United States is legally free to use nuclear weapons
pre-emptively if it chooses.
The End of Nonstrategic
The pre-emptive nuclear options are included in the chapter on
theater nuclear operations, which traditionally have been
associated with nonstrategic nuclear weapons (those with shorter
range). The 1995 doctrine described the theater (local or
regional) mission with nonstrategic nuclear weapons as a means
of controlling escalation by linking conventional forces to the
full nuclear retaliatory capability of the United States. By
contrast, strategic weapons historically have included weapons
of intercontinental range.
The separation has always been somewhat blurred, but the new
nuclear doctrine does away with a separate theater role for
nonstrategic nuclear forces. Instead, it assigns all nuclear
weapons, whether strategic or nonstrategic, support roles in
theater nuclear operations. The theater mission will be further
detailed in Joint Tactics, Techniques, and Procedures for
Theater Nuclear Planning (Joint Pub 3-12.1), a secret
subdoctrine scheduled for publication by the Pentagon sometime
after the release of the Doctrine for Joint Nuclear Operations.
Military officials have argued for years that there are no
nonstrategic nuclear weapons; all nuclear weapons in the
post-Cold War era should be seen as strategic because all
nuclear use is strategic in nature. Yet, the language in the new
doctrine and the elimination of a specific regional role for
nonstrategic nuclear weapons hint of a deeper shift: strategic
nuclear weapons have increasing regional (theater) roles as
nonstrategic nuclear weapons are reduced and guidance and
doctrine demand new missions against the capabilities of rogue
states and nonstate actors.
The increasing incorporation of strategic weapons from the
global-intensity level into smaller regional conflicts means
that the operational distinction between strategic and
nonstrategic nuclear weapons is being blurred. In a regional
deterrence scenario against an adversary armed with nuclear,
chemical, or biological weapons, all nuclear weapons can be
battlefield weapons or strategic weapons, depending on the
circumstances. The U.S. pre-emption or retaliation could utilize
a B61 nuclear bomb deployed in Turkey or a strategic warhead
launched from a Trident submarine patroling near Japan.
This doctrinal shift has already progressed to the point that
STRATCOM has drawn up and implemented a new global strike plan
for the use of nuclear and conventional forces in regional
scenarios. The new strike plan, called Contingency Plan
(CONPLAN) 8022, was first put into effect in late 2003, less
than a year after the White House issued National Security
Presidential Directive 17, its strategy to combat weapons of
mass destruction. CONPLAN 8022 makes operational the Bush
administrations pre-emption policy and the new nuclear doctrine
codifies it.
The Role of Conventional Weapons
Another new element of the nuclear doctrine is the role of
advanced conventional weapons in strategic planning. This was
one of the central pillars of the 2001 NPR, and the new doctrine
states that targets that may have required a nuclear weapon to
achieve the needed effects in previous planning may be targeted
with conventional weapons. The doctrine describes how
integrating conventional and nuclear attacks will ensure the
most efficient use of force and provide U.S. leaders with a
broader range of strike options to address immediate
contingencies.
Yet, in the same breath the document cautions that some
contingencies will remain where the most appropriate response
may include the use of U.S. nuclear weapons. The objective is
still assured destruction of facilities, and it seems clear that
the conventional capabilities need to evolve considerably before
conventional weapons will be capable of significantly replacing
nuclear weapons in the war plans. Indeed, in an acknowledgement
that there are few programs to convert the NPR vision to
reality, the Pentagon in April established a task force aimed in
part at better integrating the new triad of nuclear,
conventional, and defensive capabilities. Four and a half years
after the Bush administration announced its major change to
strategic targeting, the incorporation of conventional weapons
still appears marginal at best.
Part of the impediment appears to be the challenge of
incorporating sufficient accuracy into the two ballistic missile
legs of the nuclear triad. The explosive power of conventional
weapons also is inherently inferior to the yield of even the
smallest nuclear warheads in the stockpile. Its more than just
precision, STRATCOM Commander General James Cartwright told
Inside the Pentagon in April 2005. I cant generate enough
[conventional explosive] energy for some of these targets to
destroy them. So Im not leading you down a path that I can get
rid of nuclear weapons.
Also, there is the issue of command and control for conventional
strategic forces. The line of command for nuclear strikes has
evolved over many decades, but how will it work when a
non-nuclear weapon is used in a strategic strike against an
adversarys nuclear weapons facility? The Air Force, which
maintains nuclear ICBMs and bombers, pointed out during the
editing of the new nuclear doctrine that, although the president
and secretary of defense are required to approve all nuclear
targeting, they do not necessarily approve conventional
targeting.[4] Presumably, the Bush administration will want to
close that hole to ensure 100 percent control of strategic
strikes and ensure that other nuclear powers do not misinterpret
the intention.
Finally, but equally important, merging nuclear and conventional
warheads on ballistic missiles or on strategic platforms has
serious implications for crisis stability. A nuclear-weapon
state being attacked by a conventionally armed ballistic missile
early in a conflict may conclude that it is under nuclear attack
and launch its own nuclear weapons. Merging nuclear and
conventional capabilities seems to be a recipe for disaster.
Missile Defenses
The second pillar of the 2001 NPR was the role of active
defenses in strategic planning, and the new doctrine
incorporates the new mission. The previous doctrine from 1995
also described the contribution of missile defense, but this
issue is expanded in the new doctrine. Instead of describing how
missile defenses can be used to protect people from missile
strikes, however, the new doctrine appears to focus on how
missile defenses can enhance the survivability of nuclear forces
and increase offensive capabilities.
Focusing on protecting nuclear forces rather than people might
not seem so cynical if not for the Bush administrations emphasis
on protecting people in its justification for withdrawing from
the and securing congressional funding for the
multibillion-dollar missile defense program. In December 2001,
when preparing to withdraw from the ABM Treaty, President George
W. Bush stated: I have concluded the ABM treaty hinders our
governments ability to develop ways to protect our people from
future terrorist or rogue state missile attacks. Defending the
American people is my highest priority as commander in chief,
and I cannot and will not allow the United States to remain in a
treaty that prevents us from developing effective defenses.[5]
In stark contrast with the presidents priority, the new doctrine
describes missile defense as a tool to protect military forces.
The doctrine only mentions defense of the population three times
and always in a secondary role, after protection of military
forces.
Moreover, the doctrine states that one objective of protecting
military forces is to enhance U.S. offensive nuclear strike
capabilities. STRATCOM planning seeks to integrate U.S. and
allied offensive and defensive forces, the doctrine explains, in
order to exploit the full range of characteristics offered by
U.S. strategic nuclear forces to support national and regional
deterrence objectives.
In an operational scenario, limited or insufficient missile
defense capabilities could force U.S. decision-makers into a
corner where they would have to choose between saving Los
Angeles or Vandenberg Air Force Base.
Nuclear Targeting and International Law
The new nuclear doctrines deepening of the commitment to
regional targeting beyond nuclear facilities, and lowering the
bar for when nuclear weapons could be usedeven
pre-emptivelyraise important questions about nuclear targeting
and international law. During the editing process of the new
nuclear doctrine, a debate was triggered among the different
commands over which term to use for different types of
targeting. Of particular concern was the legal status of
countervalue targeting, a targeting methodology that was
included in the 1995 nuclear doctrine: Countervalue targeting
strategy directs the destruction or neutralization of selected
enemy military and military-related activities, such as
industries, resources, and/or institutions that contribute to
the enemys ability to wage war. In general, weapons required to
implement this strategy need not be as numerous or accurate as
those required to implement a counterforce targeting strategy,
because countervalue targets generally tend to be softer and
unprotected in relation to counterforce targets.[6]
During the editing of the new doctrine, STRATCOM declared that
it had decided that countervalue targeting violates the Law of
Armed Conflict. The command therefore suggested changing
countervalue to critical infrastructure targeting. In explaining
its decision, STRATCOM stated:
Many operational law attorneys do not believe countervalue
targeting is a lawful justification for employment of force,
much less nuclear force. Countervalue philosophy makes no
distinction between purely civilian activities and military
related activities and could be used to justify deliberate
attacks on civilians and non-military portions of a nations
economy. It therefore cannot meet the military necessity prong
of the Law of Armed Conflict. Countervalue targeting also
undermines one of the values that underlies Law of Armed
Conflictthe reduction of civilian suffering and to foster the
ability to maintain the peace after the conflict ends. For
example, under the countervalue target philosophy, the attack on
the World Trade Center Towers on 9/11 could be justified.[7]
Other military commands did not agree with the name change. The
argument from European Command was that countervalue should not
be changed to critical infrastructure because countervalue has
an institutionalized and broadly understood meaning in the
academic literature on nuclear warfare and in international
security studies in general. If in doubt on this point, European
Command argued, insert the word countervalue in any electronic
search engine and note how many hits appear that are directly
relevant to nuclear policy.[8]
In the end, the commands could not agree and the term critical
infrastructure targeting was withdrawn to end the discussion.
Yet, the term countervalue also disappeared and is no longer
included in the new nuclear doctrine. The issue was dropped,
although targeting appears to continue, and simply changing the
terminology obviously does not change the illegal targeting
itself.
To be fair, the new nuclear doctrine emphasizes U.S. abhorrence
of unrestricted warfare and U.S. adherence to laws of war. Yet,
if the intention of mentioning international law is that it
matters, then the doctrine notably ignores that the
International Court of Justice (ICJ) in its 1996 ruling on the
Legality of the Threat or Use of Nuclear Weapons could not reach
agreement (it was a split vote) that the threat or use of
nuclear weapons is lawful, even in an extreme circumstance of
self-defense where the very survival of a state is at stake. The
ICJ did agree unanimously that international law does not
authorize even the threat of use of nuclear weapons.[9] These
important nuances are ignored by the new doctrine.
Conclusion
Although there has been extensive public debate on whether to
build new or modified nuclear weapons, there has been
essentially no debate about the doctrine that guides the use of
nuclear weapons and influences future requirements. This is
ironic given the considerable interest in the Bush
administrations policy on pre-emption. As a result, the
rewriting of the nuclear doctrine has occurred with essentially
no public debate.
Still, the doctrine and editing documents reveal a significant
contradiction between the Bush administrations public rhetoric
about reducing the role of nuclear weapons and the guidance
issued to the nuclear planners. Although the overall number of
warheads is being reduced, the new doctrine guiding planning for
the remaining arsenal reaffirms an aggressive posture with
nuclear forces on high alert, ready to be used in an increasing
number of limited-strike scenarios against adversaries anywhere,
even pre-emptively. The new doctrine appears to be precipitated
by anticipation among military planners that deterrence will
fail and U.S. nuclear weapons will be used in a conflict sooner
or later.
For the nuclear planners, it seems so simple: deterrence must be
credible, and the way to make it more credible is to increase
the capabilities and number of strike options against any
conceivable scenario. Ironically, a decade and a half after we
should have escaped this nuclear deterrence logic of the Cold
War, the planners cling to these old business practices. Instead
of drastically reducing the role of nuclear weapons, as the Bush
administration told the public it would do, the proliferation of
weapons of mass destruction and terrorism seem to have spooked
the administration into continuing and deepening a commitment to
some of the most troubling aspects of the nuclear war-fighting
mentality that symbolized the Cold War.
U.S. Nuclear Weapons Guidance, War Plans
The updated Doctrine for Joint Nuclear Operations reflects how
combatant commanders have translated the administrations
attempts to reshape U.S. nuclear policy into operational
guidance for military forces. It comes nearly five years after
the completion of the Bush administrations Nuclear Posture
Review (NPR) in December 2001 and represents the first revision
of basic nuclear doctrine in a decade. The list below describes
some of the major milestones that led to the new doctrine and
their significance. [1]
2001
May: Secretary of Defense Donald Rumsfeld publishes the
Strategic Defense Review. This document, among other things,
sets requirements for the number and types of weapons in the
stockpile.
December 31: Rumsfeld forwards the NPR report to Congress.
2002
June: The White House issues National Security Presidential
Directive (NSPD) 14, Nuclear Weapons Planning Guidance.
September 14: The White House issues NSPD 17, National Strategy
to Combat Weapons of Mass Destruction. The document states that
[t]he United States will make clear that it reserves the right
to respond with overwhelming forceincluding potentially nuclear
weaponsto the use of [weapons of mass destruction] against the
United States, our forces abroad, and friends and allies.
September 17: The White House issues the National Security
Strategy of the United States. The document provides the first
official public articulation of a strategy of pre-emptive action
against hostile states and terrorist groups developing weapons
of mass destruction.
October 1: The chairman of the Joint Chiefs of Staff issues a
new nuclear supplement to the Joint Strategic Capabilities Plan
for fiscal year 2002, which translates White House guidance into
specific military plans.
December 10: The White House releases National Strategy to
Combat Weapons of Mass Destruction, the unclassified version of
NSPD 17. The wording in NSPD 17 of using potentially nuclear
weapons is replaced with all of our options.
December 16: The White House issues NSPD 23, National Policy on
Ballistic Missile Defense, which orders withdrawal from the
Anti-Ballistic Missile (ABM) Treaty and construction of a
national ballistic missile defense system.
2003:
January 10: Bush signs Change 2 to the Unified Command Plan,
which, in addition to maintaining nuclear strike plans, assigns
four additional missions to U.S. Strategic Command: missile
defense planning, global strike planning, information
operations, and global C4ISR (Command, Control, Computers,
Communication, Intelligence, Surveillance, and Reconnaissance).
March: Rumsfeld issues to Congress Nuclear Posture Review:
Implementation Plan, Department of Defense Implementation of the
December 2001 Nuclear Posture Review Report. The document
formally implements the decisions of the 2001 NPR.
2004
March 13: The chairman of the Joint Chiefs of Staff issues the
National Military Strategy of the United States, including the
classified Annex B (Nuclear). The document translates the
National Security Strategy into specific guidance for military
planners.
April 19: Rumsfeld issues the Nuclear Weapons Employment Policy.
The document states in part that U.S. nuclear forces must be
capable of, and be seen to be capable of, destroying those
critical war-making and war-supporting assets and capabilities
that a potential enemy leadership values most and that it would
rely on to achieve its own objectives in a post-war world.
May: The White House issues NSPD 34, Fiscal Year 2004-2012
Nuclear Weapons Stockpile Plan, which directs a force structure
through 2012 and cuts the total stockpile almost in half.
May: The White House issues NSPD 35, Nuclear Weapons Deployment
Authorization, which authorizes the military to continue
deployment of tactical nuclear weapons in Europe.
December 31: The chairman of the Joint Chiefs of Staff issues a
new nuclear supplement to the Joint Strategic Capabilities Plan
for fiscal year 2005, codifying new global strike and theater
nuclear operations guidance and implementing the 2004 Nuclear
Weapons Employment Policy.
2005
January: In a letter to U.S. Strategic Command, Rumsfeld tasks
the command with spearheading the Defense Departments efforts to
combat weapons of mass destruction (WMD).
January 10: The chairman of the Joint Chiefs of Staff issues
Global Strike Joint Integrating Concept, Version 1, for
conducting global strike operations during the seize the
initiative phase of a conflict (seconds to days). Targets
include WMD production, storage, and delivery capabilities,
critical command and control facilities, anti-access
capabilities (radars, surface-to-air missile sites, theater
ballistic missile sites), and adversary leadership.
Fall 2005: The chairman of the Joint Chiefs of Staff is expected
to publish Doctrine for Joint Nuclear Operations.
ENDNOTES
1. A chronology of nuclear weapons guidance issued by the Bush
administration is available at http://www.nukestrat.com.
Hans M. Kristensen is co-author of the World Nuclear Forces
appendix to the Stockholm International Peace Research
Institutes Yearbook and a consultant to the Natural Resources
Defense Council.
ENDNOTES
1. The draft doctrine might be slightly different from the final
doctrine, although at this late stage any changes are expected
to be cosmetic. Copies of the new doctrine, previous versions,
and editing comments are available at http://www.nukestrat.com.
2. See U.S. Strategic Command, Post-START II Arms Control, 1996
(partially declassified).
3. Keith B. Payne, The Nuclear Posture Review: Setting the
Record Straight, Washington Quarterly 28, no. 3 (Summer 2005),
p. 147.
4. Chairman of the Joint Chiefs of Staff (CJCS), JP 3-12,
Doctrine for Joint Nuclear Operations, December 16, 2004, p. 59.
5. The White House, Remarks by the President on Missile Defense,
December 13, 2001.
6. CJCS, JP 3-12, Doctrine for Joint Nuclear Operations,
December 15, 1995, p. II-5.
7. CJCS, JP 3-12, Joint Staff Input to JP 3-12, Doctrine for
Joint Nuclear Operations (Second Draft), April 28, 2003, pp.
34-35.
8. CJCS, JP 3-12, Doctrine for Joint Nuclear Operations,
December 16, 2004, pp. 67-69.
9. International Court of Justice, Legality of the Threat or Use
of Nuclear Weapons, July 8, 1996, items A and E (advisory
opinion).
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11 Asia Times: The unthinkable: A nuclear-armed Japan
Sep 9, 2005
By Frank Barnabie and Shaun Burnie
(Republished with permission from
On Tuesday, the Democratic Policy Committee released a *Harper's*-style list
of statistics that contains items that provide many fascinating insights,
like this one: "Amount charged to American taxpayers by Halliburton to
build a movie library for its employees: $152 million / Number of movies in
the library: 10,000." -- Halliburton's stock is now trading near its
all-time high. (http://finance.yahoo.com/q/bc?s=HAL&t=my)
Another is the "approximate number of medical evacuations of U.S. military
personnel performed since the beginning of Operation Iraqi Freedom: 55,000".
When a person is subject to such an evacuation, ordinarily the Pentagon then
classifies such a person as "lost to the operation".
One wonders what has caused such losses to the operation. Could it possibly
involve radiation poisoning?
http://www.ufppc.org/content/view/3384/
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30 [du-list] Understanding why we don't understand
Date: Thu, 08 Sep 2005 15:09:22 -0700
version=3.0.4
X-Spam-filter-host: darwin.ctyme.com - http://www.junkemailfilter.com
Dear all,
I have spent my last five years investigating the link
between the money masters and the DU cover-up.
In the 2000 Manchester conference, some of you will remember I
spoke against Bankenstein, a monster who represent the money masters.
Some other here have also wrote about Psy-Ops. But who pays and how
for Psy-Ops? (for doing a media cover-up about DU health effects and
other embarassing issues?)
My last finding are:
The giga-fund scandal: Global Security Fund (Rothschild-JF Jardine
Fleming-JP Morgan) [Thanks to ambassador L.E. Wanta]
http://saba.fateback.com/articoli/thegigafundscandal.htm
and
Global Security Fund: seigniorage collected by Rothschilds used to
subvert democracies - 11 April 2005 [Thanks to MEP Ashley Mote]
http://tinyurl.com/eygjo
But it is not only about money, it is also about education. Some
people may be in good faith suggesting DU is like Corn flakes: why?
Read this:
Why People Don't Understand ? - September 7, 2005
As with the current economic system (of which money is a part), the
paradigm of education (of which schools are a part) is based
on "teaching" rather than "learning," on imposition of knowledge
rather than on the understanding of how the world functions. If
anyone wishes to include the history of money into a given
curriculum, it would be yet another imposition which, as soon as
school days are over, most people would try to forget ASAP.
It is not knowledge what is missing (you can find it everywhere in
the form of information), it's understanding, plus a whole lot of
other human traits that have been plucked like feathers during our
school days. In lieu of "acquiring knowledge" (through teaching),
the educational system of schools has, for many hundreds if not
thousands of years, invoked fear towards authority, as well as
weeded from the human spirit any sense of creativity, curiosity,
sense of freedom, and supplanted those with obedience, punctuality,
acceptance of authority (in spite of deep personal disagreements).
Part of the whole picture of acceptance includes, naturally, the
acceptance of money and the economic system at large.
Instead of cooperation (which builds community), competition has
become the norm. With the onslaught of the Industrial Age, schooling
wasn't simply for the aristocracy and the wealthy, but a must for
all. The mass-creation of human bonsais, I call it. It's not that
people have a right to be educated. _Everyone_ is officially
_ordered_ to pass through such a system, and here is where you find
all kinds of disinformation as to the workings of the world. The
rest of the educational process can be completed through the mass-
media, so those who manage to see through the haze of lies and get a
clearer view is not because of education (and schooling), but in
spite of it.
The whole process of learning implies a neurological process of
accommodation, assimilation and adaptation, an interaction with the
world that reflects "sensitive stages" which are completely ignored
by the present-day schooling system. Teaching a child about the
history of money at the age of seven, is tantamount to introducing
such a child into advanced algebra. They may memorize it, but they
will not understand it, because their neurological abilities (the
maturity of the neo-cortex) are not ready yet for such information,
much less for understanding such knowledge.
Well, you have probably experienced how most people, when faced the
first time with the issue of interest rates, the creation of money,
the banking math, and so forth, are unable to grasp it. It's only
through repeated discussions (if at all) that they slowly start
seeing the other shore, although still surrounded by thick fog. The
dissipation of this fog is the creation of neurological pathways
that imply a myelinization (the coating of myelin on the dendrites)
of the brain. As with a person who goes to the gym, it takes time to
grow the muscle, and it only happens through repeated exercise.
Anyway, as with the different aspects related to CC (and economy at
large), similar disinformation as well as ideas exist in terms of
education, health, politics and religion.
Leonardo Wild
*****************************************************************
31 [du-list] Mass AG certifies ballot initiative to bring Guard
Date: Thu, 08 Sep 2005 15:09:04 -0700
autolearn=ham version=3.0.4
X-Spam-filter-host: darwin.ctyme.com - http://www.junkemailfilter.com
Hi - Not really off topic. National Guards have come back
contaminated with DU, e.g. Gerard Matthew and other NYC Guard. Their
stories - and the risks of exposure to DU - will be part of our
educational efforts in getting support for this initiative in Mass.,
starting with George Galloway's first stop in the US - at Boston on
September 13th.
Best to all, Charlie Jenks
http://www.traprockpeace.org/bring_mass_guard_home_now.html
FOR IMMEDIATE RELEASE
CONTACT: Sunny Miller, 413 773-7427
September 7, 2005
Ballot Initiative a 'GO!' Attorney General Approves Initiative
Petition on
Mass National Guard Deployment in Iraq
BOSTON- Attorney General Tom Reilly today certified a ballot
initiative to
require the governor to withhold further National Guard deployment to
Iraq
and to use his office to bring about the recall of all Massachusetts
National Guard troops currently in Iraq. This clears the way for
campaign
volunteers to begin collecting the signatures needed to place the
question
before the voters in November 2006.
The initiative, which is binding, has two provisions. 1) The governor is
required to use all legal avenues available to bring about the recall of
the National Guard from Iraq and to prevent any further deployment of
National Guard troops to Iraq. 2) The governor may not deploy the
National
Guard to any foreign destination without approval of the state
legislature. The language was crafted by constitutional law experts who
have litigated past national guard issues on behalf of the state of
Massachusetts, according to Harold Hubschman of Brookline, a proponent
working on this ballot initiative.
In western Massachusetts 20 volunteers have contacted Traprock Peace
Center
to help collect signatures, by emailing
bringmassguardhome@traprockpeace.org
Sunny Miller of Deerfield,Executive Director at Traprock, was one of
the original
signers submitting the ballot language to the Attorney General.
Miller says lots
of people will be needed to help, and "If you think the disaster of
Hurricane
Katrina was made worse by government ineptitude, consider that at least
folks knew a hurricane was coming. In New England we're facing a
disaster
in a proposal at our oldest nuclear reactor. A 20% uprate in power
output
at the Vernon reactor could reduce one margin to just 18 seconds between
shut-down and the beginning of a melt-down. Imagine the confusion of
needing an evacuation when people can't see a disaster coming. What the
world needs now is helping hands. We need two volunteers in each and
every
Massachusetts town willing to spend some beautiful fall days collecting
signatures. We need the Guard home."
Joining this campaign is Military Families Speak Out, a national
organization of families with relatives in the military that has been
campaigning against the war in Iraq since 2002. "Last week¹s Hurricane
Katrina painfully underscored the need for National Guard troops to be
here at home rather than deployed overseas in an unjustifiable war,"
said
Rose Gonzalez, a member of Military Families Speak Out whose mother is
currently serving with the Massachusetts National Guard in Iraq.
Military
Families Speak Out has a membership of 2,500 military families,
including
hundreds of National Guard families, and are represented in all 50
states.
To place this initiative on the ballot, it will be necessary to collect
nearly 70,000 signatures of registered Massachusetts voters.
Hubschman, a
specialist in running ballot initiatives, says, "... People's anger and
frustration about the war is off the charts and this ballot initiative
gives them a concrete way to work to bring our troops home. Many
grassroots activists, and many organizations, have already agreed to
join
our campaign and we¹re confident that we¹ll have enough volunteers to
complete the signature drive."
Massachusetts is just one of 24 states that can have such a ballot
initiative, and has the first deadline in a succession of due dates for
submitted language to the Attorneys General.
To see the language of the ballot initiative, for Frequently Asked
Questions, or to hear an interview on the process see
http://www.traprockpeace.org
###
bringmassguardhome@traprockpeace.org
Charles Jenks
Chair of Advisory Board and Web Manager
Traprock Peace Center
103A Keets Road
Deerfield, MA 01342
413-773-7427
fax 413-773-7507
http://www.traprockpeace.org
*****************************************************************
32 NRC: RIN 3150-AH68: 10,000 year dose standard
FR Doc 05-17778
[Federal Register: September 8, 2005 (Volume 70, Number 173)]
[Proposed Rules] [Page 53313-53320] From the Federal Register
Online via GPO Access [wais.access.gpo.gov] [DOCID:fr08se05-12]
Implementation of a Dose Standard After 10,000 Years
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is
proposing to amend its regulations governing the disposal of
high-level radioactive wastes in a proposed geologic repository
at Yucca Mountain, Nevada. The proposed rule would implement the
U.S. Environmental Protection Agency's (EPA's) proposed standards
for doses that could occur after 10,000 years but within the
period of geologic stability. The proposed rule also specifies a
value to be used to represent climate change
[[Page 53314]]
after 10,000 years, as called for by EPA, and specifies that
calculations of radiation doses for workers use the same
weighting factors that EPA is proposing for calculating
individual doses to members of the public.
DATES: The comment period expires November 7, 2005. Comments
received after this date will be considered if it is practical to
do so, but NRC is able to assure consideration only for comments
received on or before this date.
ADDRESSES: You may submit comments by any one of the following
methods. Please include the following number (RIN 3150-AH68) in
the subject line of your comments. Comments on rulemakings
submitted in writing or in electronic form will be made available
to the public in their entirety on the NRC rulemaking Web site.
Personal information will not be removed from your comments.
Mail comments to: Secretary, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications
Staff.
E-mail comments to: SECY@nrc.gov. If you do not receive a reply
e- mail confirming that we have received your comments, contact
us directly at (301) 415-1966. You may also submit comments via
the NRC's rulemaking Web site at http://ruleforum.llnl.gov.
Address questions about our rulemaking website to Carol Gallagher
(301) 415-5905; e-mail cag@nrc.gov. Comments can also be
submitted via the Federal eRulemaking Portal at
http://www.regulations.gov. Hand deliver comments to: 11555
Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and
4:15 p.m. Federal workdays. (Telephone (301) 415-1966).
Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at
(301) 415-1101.
Publicly available documents related to this rulemaking may be
examined and copied for a fee at the NRC's Public Document Room
(PDR), Public File Area O1 F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland. Selected documents,
including comments, can be viewed and downloaded electronically
via the NRC rulemaking Web site at http://ruleforum.llnl.gov.
Publicly available documents created or received at the NRC after
November 1, 1999, are available electronically at the NRC's
Electronic Reading Room at
http://www.nrc.gov/NRC/ADAMS/index.html. From this site, the
public can gain entry into the NRC's Agencywide Document Access
and Management System (ADAMS), which provides text and image
files of NRC's public documents. If you do not have access to
ADAMS or if there are problems in accessing the documents located
in ADAMS, contact the NRC Public Document Room (PDR) Reference
staff at 1-800- 397-4209, 301-415-4737, or by e-mail to
pdr@nrc.gov. FOR FURTHER INFORMATION CONTACT: Timothy McCartin,
Office of Nuclear Material Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, telephone (301)
415-7285, e-mail
tjm3@nrc.gov; Janet Kotra, Office of Nuclear Material Safety and
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC
20555- 0001, telephone (301) 415-6674, e-mail jpk@nrc.gov; or
Lydia Chang, Office of Nuclear Material Safety and Safeguards,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001,
telephone (301) 415- 6319, e-mail lwc1@nrc.gov.
SUPPLEMENTARY INFORMATION: I. Background On November 2, 2001 (66
FR 55732), NRC published its final rule, 10 CFR part 63,
governing disposal of high-level radioactive wastes in a
potential geologic repository at Yucca Mountain, Nevada. The U.S.
Department of Energy (DOE) must comply with these regulations for
NRC to authorize construction and license operation of a
potential repository at Yucca Mountain. As mandated by the Energy
Policy Act of 1992, Public Law 102-486 (EnPA), NRC's final rule
was consistent with the radiation protection standards issued by
EPA at 40 CFR Part 197 (66 FR 32074; June 13, 2001). EPA
developed these standards under Congress' direction, in Section
801 of EnPA, to issue public health and safety standards for
protection of the public from releases of radioactive materials
stored or disposed of in a potential repository at the Yucca
Mountain site. These standards were to be ``based upon and
consistent with'' the findings and recommendations of the
National Academy of Sciences (NAS). The NAS issued its findings
and recommendations, on August 1, 1995, in a report entitled
Technical Bases for Yucca Mountain Standards.
The State of Nevada and other petitioners challenged both the EPA
standards and the NRC regulations in court. On July 9, 2004, the
United States Court of Appeals for the District of Columbia
Circuit upheld both EPA's standards and NRC's regulations on all
but one of the issues raised by the petitioners. See Nuclear
Energy Institute, Inc. v. Environmental Protection Agency, 373
F.3d 1251 (D.C. Cir. 2004). The court disagreed with EPA's
decision to adopt a 10,000-year period for compliance with the
standards and NRC's adoption of that 10,000-year compliance
period in NRC's implementing regulations. The court found that
EPA's 10,000-year compliance period was not ``based upon and
consistent with'' NAS findings, as required by Section 801 of
EnPA. See the aforementioned 373 F.3d at 1270. The NAS
recommended that a standard be developed that would provide
protection when radiation doses reach their peak within the
limits imposed by long-term stability of the geologic
environment. In addition, NAS found no scientific basis for
limiting application of the individual-risk standard to 10,000
years. Thus, the court vacated EPA's rule at 40 CFR part 197 to
the extent that it specified a 10,000-year compliance period and
remanded the matter to EPA. The court also vacated NRC's rule at
10 CFR Part 63 insofar as it incorporated EPA's 10,000-year
compliance period.
In response to the remand, EPA issued its proposed revised
standards on August 22, 2005 (70 FR 49014). To comply with EnPA
and the court's remand, NRC must now revise 10 CFR Part 63 to be
consistent with EPA's revised standards. For that purpose, NRC is
proposing revisions to 10 CFR part 63 in this notice.
II. Discussion To address the court's decision, EPA is retaining
the standards applicable to the first 10,000 years after disposal
and proposes to add separate requirements for the peak dose after
10,000 years and within the period of geologic stability. EPA
also proposes to revise the approach for calculating doses, based
on International Commission on Radiological Protection (ICRP)
recommendations, for the periods before and after 10,000 years.
Specifically, EPA's proposed revisions to its standards: (1)
Provide a limit for the peak dose after 10,000 years; (2) specify
criteria DOE must use in performance assessments for estimating
doses after 10,000 years; and (3) specify ``weighting factors''
for DOE's use when calculating individual dose during the
operational or preclosure phase as well as after the disposal or
postclosure phase. Also, in its proposal, EPA states that NRC
should specify a value or values that DOE must use to represent
climate change after 10,000 years.
In this rulemaking, the NRC proposes to (1) adopt the limit EPA
sets for the peak dose after 10,000 years; (2) adopt the criteria
EPA has specified for performance assessments that estimate
[[Page 53315]] doses after 10,000 years; (3) adopt the
``weighting factors'' EPA specifies for calculating individual
doses during the operational or preclosure phase, as well as
after the disposal or postclosure phase; (4) require that
calculations of radiation doses for workers use the same
weighting factors EPA is proposing for calculating individual
dose; and (5) specify a value that DOE must use to project the
long- term impact of climate variation after 10,000 years, as
called for by EPA. These proposals are more fully described
below. The NRC's proposal of these changes to part 63 coincides
with EPA's publication of its proposal to provide important and
timely information to the public on how NRC plans to incorporate
and implement EPA's standards in NRC's regulations. In general,
the changes to part 63 adopt the same or approximately the same
wording as used by EPA in its proposed revisions to 40 CFR part
197. Comments on EPA's proposal (e.g., the dose limit) should be
directed to EPA and refer to EPA's proposal published on August
22, 2005. NRC's existing regulations, which are applicable for
the first 10,000 years after disposal, remain in place [e.g., the
0.15 millisieverts/year (15 millirem/year) individual protection
standard] consistent with the existing EPA standards, and are not
affected by this rulemaking except insofar as NRC's rule adopts
more up-to-date dosimetry for dose calculations.
The Commission welcomes comments on NRC's proposed implementation
of EPA's proposed revisions to its standards as well as on NRC's
revisions for use of specific weighting factors for calculating
worker doses, and on NRC's specification of a value for climate
change.
NRC requests and will respond to comments only on those
provisions of part 63 that we are now proposing to change. A
description of these changes follows.
1. Dose Limit EPA's proposed standards would require DOE to
estimate peak dose after 10,000 years as part of the evaluations
for both individual protection and human intrusion. DOE must then
compare the results of these estimates to an annual dose limit of
3.5 mSv/yr (350 mrem/yr). For this comparison, EPA proposes that
DOE use the median value of the projected doses after 10,000
years and through the period of geologic stability. NRC proposes
to incorporate the new EPA dose limit and statistical measure for
compliance directly into NRC's regulations at Sec. 63.311 for
individual protection and at Sec. 63.321 for human intrusion.
2. Criteria for Performance Assessments Used to Estimate Peak
Dose After 10,000 Years EPA proposes using the performance
assessment for the first 10,000 years as the basis for projecting
repository performance after 10,000 years. EPA asserts that its
requirements for the performance assessment for the first 10,000
years (e.g., consideration for features, events, and processes
with a probability of occurrence greater than 10-\8\ per year)
provide a suitable basis for projecting performance after 10,000
years. NRC's existing regulations at 10 CFR Part 63 already
include additional requirements, governing the preparation of the
performance assessment, that ensure that features, events, and
processes considered for inclusion in the performance assessment
over the 10,000-year compliance period represent a wide range of
both favorable and detrimental effects on performance.
Because of the uncertainties associated with estimating
performance over very long times (e.g., hundreds of thousands of
years) and to limit speculation, EPA proposes specific
constraints on the consideration of features, events, and
processes after 10,000 years. First, EPA asserts that data and
models used to prepare the performance assessment for the first
10,000 years provide adequate support for projections used in the
performance assessment after 10,000 years. For example, DOE may
apply the seismic hazard curves used in the 10,000- year
assessment to project seismic activity after 10,000 years.
Second, EPA proposes to (1) limit the analysis of seismic
activity to the effects caused by damage to the drifts and the
waste package; (2) limit analysis of igneous activity to effects
on the waste package that result in release of radionuclides to
the atmosphere or ground water; (3) limit the effect of climate
variation to those resulting from increased water flowing to the
repository; and (4) require DOE to include general corrosion in
its analysis of engineered barrier performance. NRC proposes to
incorporate these criteria into NRC regulations at Sec. 63.342.
NRC also proposes revising requirements for the performance
assessment, specified at Sec. 63.114, to be consistent with
EPA's proposal that the performance assessment for the first
10,000 years serve as the basis for projecting repository
performance assessment after 10,000 years.
3. Individual Dose Calculations EPA proposes that DOE use
specific weighting factors provided in proposed Appendix A of its
standards at 40 CFR 197. These weighting factors reflect current
methods of dosimetry and updated models for calculating
individual exposures from radiation. EPA cites, as a basis for
this proposal, recommendations and guidance from ICRP
Publications 60 through 72. NRC supports the use of current
dosimetry and proposes to adopt this specification.
4. Worker Dose Calculations Consistent with EPA's specification
of dosimetry for calculating individual doses to members of the
public (public doses), NRC proposes to revise its part 63
regulations to allow DOE to use the same methods for calculating
doses to workers during the operational period as those required
for calculating public doses. NRC believes that calculations of
doses to workers and the public should rely on a single set of
weighting factors, based on current dosimetry. This approach
would avoid the unnecessary complication and potential confusion
for stakeholders that could result from the use of two sets of
weighting factors. NRC proposes to add a definition for
``weighting factor'' to Sec. 63.2 that specifies the weighting
factors provided in the EPA proposal, and to amend Sec.
63.111(a)(1) to provide that calculation of doses to meet the
requirements of 10 CFR part 20 shall use the definition for
``weighting factor'' in Sec. 63.2. Calculation of both worker
and public doses would use the weighting factor as defined.
5. Values Used To Project Climate Variation After 10,000 Years
EPA proposes that DOE should assume that the effect of climate
variation, after 10,000 years, is limited to the results of
increased water flowing through the repository. EPA also proposes
that NRC specify, in regulation, steady-state (constant-in-time)
values that DOE should use to project the long-term impact of
climate variation after 10,000 years. This approach focuses on
``average'' climate conditions over the long term rather than on
time-varying aspects of climate (e.g., timing, size, and duration
of short-term variations) that can be both uncertain and
speculative. The NRC has considered what parameter or parameters
would represent the average climate conditions. Precipitation and
temperature are the most readily identified parameters,
associated with climate, that directly influence the amount of
water, or deep percolation, flowing to the repository horizon. It
is the rate of deep percolation, however, that directly
influences repository performance. Therefore, the NRC proposes to
specify use of the deep
[[Page 53316]] percolation rate to represent the effect of future
climate in performance assessments after 10,000 years.
Southern Nevada has experienced significant variation in mean
annual precipitation and temperature over the past 1 to 3 million
years (Forester, R. M. ``Pliocene-Climate History of the Western
United States Derived from Lacustrine Ostracodes,'' Quaternary
Science Reviews, Volume 10, pages 133-146, 1991). Estimates of
future climate over the next 1 million years involve many
assumptions and are uncertain. One approach, discussed when NRC
issued its regulations for Yucca Mountain at 10 CFR part 63 (page
66 FR 55757; November 2, 2001), is to assume that fundamental
mechanisms that will change the future climate will be the same
as those that changed it in the past. Paleoclimate data suggest
that, in general, over the past 1 million years, Southern Nevada
has been cooler and wetter than it is today (Thompson, R. S., K.
H. Anderson, and P. J. Bartlein, ``Quantitative Paleoclimatic
Reconstructions from Late Pleistocene Plant Macrofossils of the
Yucca Mountain Region,'' U.S. Geological Survey Open-File Report
99-338, U.S. Geological Survey, Denver, CO, 1999; and Reheis, M.,
``Highest Pluvial Lake Shorelines and Pleistocene Climate in the
Western Great Basin,'' Quaternary Research, Volume 52, pages
196-205, 1999). Thus, NRC expects ``average'' conditions 10,000
years in the future, and later, to be cooler and wetter. Those
conditions will allow more water to percolate to the repository
horizon than expected during the first 10,000 years.
According to climatologists, the so-called intermediate and
monsoon climate states, which occur between the warmer
``interglacial'' and the cooler ``full glacial'' climate states,
are both wetter than the present climate state. Climatologists
estimate a mean annual precipitation, during these climate
states, at about twice that of present mean annual precipitation
at Yucca Mountain. Over the past million years, these two wetter
climate states were the predominate climate states (Civilian
Radioactive Waste Management System, Management and Operating
Contractor, ``Future Climate Analysis--10,000 years to 1,000,000
Years After Present,'' MOD-01-001 Rev. 00, 2002). To the extent
that climate is controlled by changes in solar radiation arising
from variations in the Earth's orbit [op. cit.], it is reasonable
to assume that climate patterns during the next 1 million years
would follow a similar cycle. Deep percolation rates depend on
both precipitation and temperature and their associated effects
on evaporation and plant transpiration. Today, the mean
precipitation, measured at Yucca Mountain, is 125
millimeters/year (mm/year) (4.9 inches/year) (Thompson, R. S., K.
H. Anderson, and P. J. Bartlein, ``Quantitative Paleoclimatic
Reconstructions from Late Pleistocene Plant Macrofossils of the
Yucca Mountain Region,'' U.S. Geological Survey Open-File Report
99-338, U.S. Geological Survey, Denver, CO, 1999). About 4
percent of that water reaches the repository horizon. This
corresponds to an estimated deep percolation rate of 5 mm/year
(0.20 inches/year) when averaged over the repository footprint
(Zhu, C., J. R. Winterle, and E. I. Love, ``Late Pleistocene and
Holocene Groundwater Recharge from the Chloride Mass Balance
Method and Chlorine-36 Data,'' Water Resources Research, Vol 39,
No. 7, page 1182, 2003). Examination of locations in the United
States, analogous to Yucca Mountain in some future intermediate
and monsoon climates, suggests potential precipitation rates of
between 266 and 321 mm/year [10.5 and 12.6 inches/year]
(Thompson, R. S., K. H. Anderson, and P. J. Bartlein,
``Quantitative Paleoclimatic Reconstructions from Late
Pleistocene Plant Macrofossils of the Yucca Mountain Region,''
U.S. Geological Survey Open-File Report 99-338, U.S. Geological
Survey, Denver, CO, 1999).
Estimates of deep percolation rate as a fraction of precipitation
have been calculated for various climate conditions. Between 5 to
20 percent of precipitation could reach the repository depth
under intermediate/monsoon to ``full glacial'' climate
conditions. The larger percentage reflects ``full glacial''
conditions (Mohanty, S., R. Codell, J. M. Menchaca, et al.,
System-Level Performance Assessment of the Proposed Repository at
Yucca Mountain Using the TPA Version 4.1 Code, CNWRA 2002-05
Revision 2, Center for Nuclear Waste Regulatory Analyses, San
Antonio, TX, 2004). Given that average deep percolation at Yucca
Mountain is about 4 percent of precipitation, under current
conditions, and assuming between 5 to 20 percent for the fraction
of precipitation that remains as deep percolation under
intermediate/ monsoon climates, one may estimate higher average
water flow to the repository than observed today. On this basis,
the NRC proposes that DOE represent the effects of climate change
after 10,000 years by assuming that deep percolation rates vary
between 13 to 64 mm/year (0.5 to 2.5 inches/year) \1\. DOE would
implement this assumption in its performance assessment by
sampling values of deep percolation rates within this range, and,
for a given calculation, by assuming the deep percolation rate
remained constant, at the sampled rate, after 10,000 years.
-----------------------------------------------------------------
---------- \1\ The low value of the range is derived using the
lower estimated fraction of precipitation that results in deep
percolation and the lower precipitation rate (i.e., 5 percent of
266 is approximately 13) and the high value of the range from
using the higher estimated fraction of precipitation that results
in deep percolation and the higher value for precipitation rate
(i.e., 20 percent of 321 is approximately 64).
-----------------------------------------------------------------
---------- Thus, NRC proposes that DOE use a time-independent
deep percolation rate, after 10,000 years, based on a log
uniformly distributed range of deep percolation rates from 13 to
64 mm/year (0.5 to 2.5 inches/year). This ``average'' deep
percolation rate represents the average amount of water flowing
to the repository horizon. Specifying a rate that is constant
over time, however, does not imply that this same rate should
necessarily be held constant spatially over the entire repository
horizon. To the contrary, current understanding of site behavior
(e.g., NRC staff and DOE staff representations of infiltration
and percolation processes at Yucca Mountain) shows significant
variation in current deep percolation rates across the repository
horizon. This would be expected to continue to occur into the far
future. NRC expects DOE to continue such calculations of spatial
variation, subject to the constraint that, across the repository
footprint, the ``average'' overall percolation rate would remain
within the range and distribution specified by NRC.
The Commission considers it appropriate to specify these
constraints on how DOE must account for the effects of climate
change during the period after 10,000 years because this
approach: (1) Is consistent with EPA's proposal for treatment of
climate change after 10,000 years; (2) specifies, in a
straightforward way, how DOE shall represent climate change in
its performance assessment; (3) results in a mean deep
percolation rate of approximately 32 mm/year \2\ (1.3
inches/year), a rate that is approximately six times greater than
the current rate, representing wetter and cooler conditions
(e.g., interglacial and monsoon climate states); and (4) provides
information on the relative significance of the deep percolation
rate
[[Page 53317]] (e.g., results of the performance assessment when
the deep percolation rate is assumed to be at the low value of
the range versus the high value of the range).
-----------------------------------------------------------------
---------- \2\ The mean value of a log-uniform distribution of
deep percolation that ranges from 13 mm/year to 64 mm/yr is equal
to (64 mm/year -13 mm/year)/[loge(64 mm/year) - loge(13 mm/year)]
= 32 mm/year.
-----------------------------------------------------------------
---------- III. Discussion of Proposed Amendments by Section
Section 63.2s Definitions This section would be modified to
revise the definition of ``performance assessment'' to exclude
the limitation of ``10,000 years after disposal,'' consistent
with EPA's modified definition of ``performance assessment.''
This section also would be modified to include a definition for
``weighting factor'' that conforms the weighting factors to be
used in dose calculations to the values EPA proposes.
Section 63.111 Performance Objectives for the Geologic Repository
Operations Area Through Permanent Closure This section specifies
requirements for radiation exposures for the geologic repository
operations area. This section would be modified to require use of
the definition for ``weighting factor'' in Sec. 63.2 when
calculating doses to meet the requirements of part 20 of this
chapter.
Section 63.114 Requirements for Performance Assessment This
section specifies the requirements for the performance assessment
used to demonstrate compliance with the requirements specified at
Sec. 63.113(b), (c), and (d). This section would be revised to
conform to EPA's proposed standards that specify what DOE must
consider in the performance assessment for the period after
10,000 years.
Section 63.302 Definitions for Subpart L The definition for the
``period of geologic stability'' would be modified to clarify
that this period ends at 1 million years after disposal.
Section 63.303 Implementation of Subpart L This section provides
a functional overview of this subpart.
This section would be revised to conform to EPA's proposed
standard that specifies the arithmetic mean of the projected
doses to be used for determining compliance for the period within
10,000 years after disposal and the median value of the projected
doses to be used for determining compliance for the period after
10,000 years and through the period of geologic stability.
Section 63.305 Required Characteristics of the Reference
Biosphere This section specifies characteristics of the reference
biosphere to be used by DOE in its performance assessments to
demonstrate compliance with the requirements specified at Sec.
63.113. This section would be modified to conform to EPA's
proposed standards, which specify the types of changes DOE shall
account for in the performance assessment for the period after
10,000 years and through the period of geologic stability.
Section 63.311 Individual Protection Standard After Permanent
Closure This section specifies the dose limit for individual
protection after permanent closure for any geologic repository at
the Yucca Mountain site. This section would be modified to
conform with the public health and environmental radiation
standards EPA proposes for the peak dose after 10,000 years and
through the period of geologic stability.
Section 63.321 Individual Protection Standard for Human Intrusion
This section directs DOE to estimate the dose resulting from a
stylized human intrusion drilling scenario and specifies the dose
limit that any geologic repository at the Yucca Mountain site
must meet as the result of a hypothetical human intrusion. This
section would be modified to conform with the public health and
environmental radiation standards EPA proposes for the peak dose
after 10,000 years and through the period of geologic stability.
Section 63.341 Projections of Peak Dose This section has been
removed.
Section 63.342 Limits on Performance Assessments This section
specifies how DOE will identify and consider features, events,
and processes in the dose assessments described in subpart L to
part 63. This section would be modified to conform to EPA's
proposed standards, which specify the types of changes DOE shall
account for in the performance assessment for the period after
10,000 years and through the period of geologic stability. A
range of values has been specified that DOE shall use to
represent the effects of climate change after 10,000 years and
through the period of geologic stability.
IV. Agreement State Compatibility Under the ``Policy Statement on
Adequacy and Compatibility of Agreement State Programs'' approved
by the Commission on June 30, 1997, and published in the Federal
Register on September 3, 1997 (62 FR 46517), this rule is
classified as Compatibility Category ``NRC.'' Compatibility is
not required for Category ``NRC'' regulations.
The NRC program elements in this category are those that relate
directly to areas of regulation reserved to the NRC by the Atomic
Energy Act of 1954, as amended (AEA), or the provisions of Title
10 of the Code of Federal Regulations. An Agreement State may not
adopt program elements reserved to NRC.
V. Plain Language The Presidential memorandum, dated June 1,
1998, entitled, ``Plain Language in Government Writing,''
directed that the Government's writing be in plain language. This
memorandum was published on June 10, 1998 (63 FR 31883). NRC
requests comments on this proposed rule specifically with respect
to the clarity and effectiveness of the language used. Comments
should be sent to the address listed under the heading of
ADDRESSES, above.
VI. Voluntary Consensus Standards The National Technology
Transfer and Advancement Act of 1995 (Pub. L. 104-113) requires
that Federal agencies use technical standards that are developed
or adopted by voluntary consensus standards bodies unless the use
of such a standard is inconsistent with applicable law or
otherwise impractical. In this proposed rule, NRC would implement
site- specific standards proposed by EPA and developed solely for
application to a proposed geologic repository for high-level
radioactive waste at Yucca Mountain, Nevada. This action does not
constitute the establishment of a standard that establishes
generally applicable requirements.
VII. Finding of No Significant Environmental Impact: Availability
Pursuant to Section 121(c) of the Nuclear Waste Policy Act, this
proposed rule does not require the preparation of an
environmental impact statement under Section 102(2)(c) of the
National Environmental Policy Act of 1969 or any environmental
review under subparagraph (E) or (F) of Section 102(2) of such
act.
VIII. Paperwork Reduction Act Statement This proposed rule does
not contain new or amended information collection requirements
subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
[[Page 53318]] et seq.). Existing requirements were approved by
the Office of Management and Budget (OMB), approval number
3150-0199.
Public Protection Notification NRC may not conduct nor sponsor,
and a person is not required to respond to, a request for
information nor an information collection requirement, unless the
requesting document displays a currently valid OMB control
number.
IX. Regulatory Analysis The Commission has prepared a draft
regulatory analysis on this proposed regulation. The analysis
examines the costs and benefits of the alternatives considered by
the Commission, consistent with the options that are open to NRC
in carrying out the statutory directive of EnPA. The Commission
requests public comment on the draft regulatory analysis.
Comments on the draft analysis may be submitted to NRC, as
indicated under the ADDRESSES, heading. The analysis is available
for inspection in the NRC PDR, 11555 Rockville Pike, Rockville,
MD 20852. Single copies of the regulatory analysis may be
obtained from Lydia Chang, Office of Nuclear Material Safety and
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone (301) 415- 6319, e-mail lwc1@nrc.gov. X.
Regulatory Flexibility Certification In accordance with the
Regulatory Flexibility Act of 1980 [5 U.S.C. 605(b)], NRC
certifies that this proposed rule will not, if issued, have a
significant economic impact on a substantial number of small
entities. This proposed rule affects only the licensing of one
entity, DOE, which does not fall within the scope of the
definition of ``small entities'' set forth in the Regulatory
Flexibility Act nor the Small Business Size Standards set out in
regulations issued by the Small Business Administration at 13 CFR
part 121.
XI. Backfit Analysis NRC has determined that the backfit rule
(Sec. Sec. 50.109, 70.76, 72.62, or 76.76) does not apply to
this proposed rule because this amendment would not involve any
provisions that would impose backfits, as defined in the backfit
rule. Therefore, a backfit analysis is not required.
List of Subjects in 10 CFR Part 63 Criminal penalties, High-level
waste, Nuclear power plants and reactors, Reporting and
recordkeeping requirements, Waste treatment and disposal.
For the reasons set out in the preamble and under the authority
of the Atomic Energy Act of 1954, as amended; the Energy
Reorganization Act of 1974, as amended; the Nuclear Waste Policy
Act of 1982, as amended; and 5 U.S.C. 553, the NRC is proposing
to adopt the following amendments to 10 CFR part 63.
PART 63--DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC
REPOSITORY AT YUCCA MOUNTAIN, NEVADA 1. The authority citation
for part 63 continues to read as follows: Authority: Secs. 51,
53, 62, 63, 65, 81, 161, 182, 183, 68 Stat. 929, 930, 932, 933,
935, 948, 953, 954, as amended (42 U.S.C. 2071, 2073, 2092, 2093,
2095, 2111, 2201, 2232, 2233); secs. 202, 206, 88 Stat.1244, 1246
(42 U.S.C. 5842, 5846); secs. 10 and 14, Pub. L. 95- 601, 92
Stat. 2951 (42 U.S.C. 2021a and 5851); sec. 102, Pub. L. 91- 190,
83 Stat. 853 (42 U.S.C. 4332); secs. 114, 121, Pub. L. 97-425, 96
Stat. 2213g, 2238, as amended (42 U.S.C. 10134, 10141); and Pub.
L. 102-486, sec. 2902, 106 Stat. 3123 (42 U.S.C. 5851); sec.
1704, 112 stat. 2750 (44 U.S.C. 3504 note). 2. Section 63.2 is
amended by revising paragraph (1) of the definition of
``performance assessment'' and by adding a new definition for
``weighting factor,'' in alphabetical order, to read as follows:
Sec. 63.2 Definitions. * * * * * Performance assessment means
an analysis that: (1) Identifies the features, events, processes
(except human intrusion), and sequences of events and processes
(except human intrusion) that might affect the Yucca Mountain
disposal system and their probabilities of occurring; * * * * *
Weighting factor for an organ or tissue is the proportion of the
risk of stochastic effects resulting from irradiation of that
organ or tissue to the total risk of stochastic effects when the
whole body is irradiated uniformly. For calculating the effective
dose equivalent, the values in Appendix A of 40 CFR part 197 are
to be used.
3. In Sec. 63.111, paragraph (a)(1) is revised to read as
follows: Sec. 63.111 Performance objectives for the geologic
repository operations area through permanent closure.
(a) * * * (1) The geologic repository operations area must meet
the requirements of part 20 of this chapter. Calculation of doses
to meet the requirements of part 20 of this chapter shall use the
definition for ``weighting factor'' in Sec. 63.2. * * * * * 4.
Section 63.114 is revised to read as follows: Sec. 63.114
Requirements for performance assessment. (a) Any performance
assessment used to demonstrate compliance with Sec. 63.113 for
10,000 years after disposal must: (1) Include data related to the
geology, hydrology, and geochemistry (including disruptive
processes and events) of the Yucca Mountain site, and the
surrounding region to the extent necessary, and information on
the design of the engineered barrier system used to define, for
10,000 years after disposal, parameters and conceptual models
used in the assessment.
(2) Account for uncertainties and variabilities in parameter
values, for 10,000 years after disposal, and provide for the
technical basis for parameter ranges, probability distributions,
or bounding values used in the performance assessment.
(3) Consider alternative conceptual models of features and
processes, for 10,000 years after disposal, that are consistent
with available data and current scientific understanding and
evaluate the effects that alternative conceptual models have on
the performance of the geologic repository.
(4) Consider only features, events, and processes consistent with
the limits on performance assessment specified at Sec. 63.342.
(5) Provide the technical basis for either inclusion or exclusion
of specific features, events, and processes in the performance
assessment. Specific features, events, and processes must be
evaluated in detail if the magnitude and time of the resulting
radiological exposures to the reasonably maximally exposed
individual, or radionuclide releases to the accessible
environment, for 10,000 years after disposal, would be
significantly changed by their omission.
(6) Provide the technical basis for either inclusion or exclusion
of degradation, deterioration, or alteration processes of
engineered barriers in the performance assessment, including
those processes that would adversely affect the performance of
natural barriers. Degradation, deterioration, or alteration
processes of engineered barriers must be evaluated in detail if
the magnitude and time of the resulting radiological exposures to
the reasonably maximally exposed individual, or radionuclide
releases to the accessible
[[Page 53319]] environment, for 10,000 years after disposal,
would be significantly changed by their omission.
(7) Provide the technical basis for models used to represent the
10,000 years after disposal in the performance assessment, such
as comparisons made with outputs of detailed process-level models
and/or empirical observations (e.g., laboratory testing, field
investigations, and natural analogs).
(b) Any performance assessment used to demonstrate compliance
with Sec. 63.113 for the period of time after 10,000 years
through the period of geologic stability must be based on the
performance assessment specified in paragraph (a) of this
section.
5. In Section 63.302, the definition of ``period of geologic
stability'' is revised to read as follows: Sec. 63.302
Definitions for Subpart L. * * * * * Period of geologic stability
means the time during which the variability of geologic
characteristics and their future behavior in and around the Yucca
Mountain site can be bounded, that is, they can be projected
within a reasonable range of possibilities. This period is
defined to end at 1 million years after disposal.
* * * * * 6. Section 63.303 is revised to read as follows: Sec.
63.303 Implementation of Subpart L. (a) Compliance is based upon
the arithmetic mean of the projected doses from DOE's performance
assessments for the period within 10,000 years after disposal
for: (1) Sec. 63.311(a)(1); and (2) Sec. Sec. 63.321(b)(1) and
63.331, if performance assessment is used to demonstrate
compliance with either or both of these sections.
(b) Compliance is based upon the median of the projected doses
from DOE's performance assessments for the period after 10,000
years of disposal and through the period of geologic stability
for: (1) Sec. 63.311(a)(2); and (2) Sec. 63.321(b)(2), if
performance assessment is used to demonstrate compliance.
7. Section 63.305, paragraph (c) is revised to read as follows:
Sec. 63.305 Required characteristics of the reference
biosphere.
* * * * * (c) DOE must vary factors related to the geology,
hydrology, and climate based upon cautious, but reasonable
assumptions consistent with present knowledge of factors that
could affect the Yucca Mountain disposal system during the period
of geologic stability and consistent with the requirements for
performance assessments specified at Sec. 63.342. * * * * * 8.
Section 63.311 is revised to read as follows: Sec. 63.311
Individual protection standard after permanent closure.
(a) DOE must demonstrate, using performance assessment, that
there is a reasonable expectation that the reasonably maximally
exposed individual receives no more than the following annual
dose from releases from the undisturbed Yucca Mountain disposal
system: (1) 0.15 mSv (15 mrem) for 10,000 years following
disposal; and (2) 3.5 mSv (350 mrem) after 10,000 years, but
within the period of geologic stability.
(b) DOE's performance assessment must include all potential
environmental pathways of radionuclide transport and exposure.
9. Section 63.321 is revised to read as follows: Sec. 63.321
Individual protection standard for human intrusion. (a) DOE must
determine the earliest time after disposal that the waste package
would degrade sufficiently that a human intrusion (see Sec.
63.322) could occur without recognition by the drillers. (b) DOE
must demonstrate that there is a reasonable expectation that the
reasonably maximally exposed individual receives, as a result of
human intrusion, no more than the following annual dose: (1) 0.15
mSv (15 mrem) for 10,000 years following disposal; and (2) 3.5
mSv (350 mrem) after 10,000 years, but within the period of
geologic stability.
(c) DOE's analysis must include all potential environmental
pathways of radionuclide transport and exposure, subject to the
requirements at Sec. 63.322. Sec. 63.341 [Removed] 10. Section
63.341 is removed. 11. Section 63.342 is revised to read as
follows: Sec. 63.342 Limits on performance assessments. (a)
DOE's performance assessments conducted to show compliance with
Sec. Sec. 63.311(a)(1), 63.321(b)(1), and 63.331 shall not
include consideration of very unlikely features, events, or
processes, i.e., those that are estimated to have less than one
chance in 10,000 of occurring within 10,000 years of disposal
(less than one chance in 100,000,000 per year). In addition,
DOE's performance assessments need not evaluate the impacts
resulting from any features, events, and processes or sequences
of events and processes with a higher chance of occurrence if the
results of the performance assessments would not be changed
significantly in the initial 10,000 year period after disposal.
(b) For performance assessments conducted to show compliance with
Sec. Sec. 63.321(b) and 63.331, DOE's performance assessments
shall exclude the unlikely features, events, and processes, or
sequences of events and processes, i.e., those that are estimated
to have less than one chance in 10 and at least one chance in
10,000 of occurring within 10,000 years of disposal (less than
one chance in 100,000 per year and at least one chance in
100,000,000 per year).
(c) For performance assessments conducted to show compliance with
Sec. Sec. 63.311(a)(2) and 63.321(b)(2), DOE's performance
assessments shall project the continued effects of the features,
events, and processes included in paragraph (a) of this section
beyond the 10,000 year post-disposal period through the period of
geologic stability. DOE must evaluate all of the features,
events, or processes included in paragraph (a) of this section,
and also: (1) DOE must assess the effects of seismic and igneous
scenarios subject to the probability limits in paragraph (a) of
this section for very unlikely features, events, and processes.
Performance assessments conducted to show compliance with Sec.
63.321(b)(2) are also subject to the probability limits in
paragraph (b) of this section for unlikely features, events, and
processes.
(i) The seismic analysis may be limited to the effects caused by
damage to the drifts in the repository and failure of the waste
package.
(ii) The igneous analysis may be limited to the effects of a
volcanic event directly intersecting the repository. The igneous
event may be limited to that causing damage to the waste packages
directly, causing releases of radionuclides to the biosphere,
atmosphere, or ground water.
(2) DOE must assess the effects of climate change. The climate
change analysis may be limited to the effects of increased water
flow through the repository as a result of climate change, and
the resulting transport and release of radionuclides to the
accessible environment. The nature and degree of climate change
may be represented by constant climate conditions. The analysis
may commence at 10,000 years after disposal and shall extend to
the
[[Page 53320]] period of geologic stability. The constant value
to be used to represent climate change is to be based on a
log-uniform probability distribution for deep percolation rates
from 13 to 64 mm/year (0.5 to 2.5 inches/year). (3) DOE must
assess the effects of general corrosion on the engineered
barriers. DOE may use a constant representative corrosion rate
throughout the period of geologic stability or a distribution of
corrosion rates correlated to other repository parameters.
Dated at Rockville, Maryland, this 1st day of September, 2005.
For the Nuclear Regulatory Commission.
Annette Vietti-Cook, Secretary of the Commission.
[FR Doc. 05-17778 Filed 9-7-05; 8:45 am] BILLING CODE 7590-01-P
*****************************************************************
33 OERP: Study of Leukemia at Portsmouth Naval Shipyard
(2005-104) | CDC/NIOSH
NIOSH Publication No. 2005-104:
A Nested Case-Control Study of Leukemia and Ionizing Radiation
at the Portsmouth Naval Shipyard
This study analyzed the relationship between external ionizing
radiation and leukemia mortality among civilian employees of the
PNS to help determine whether occupational exposures to
radiation were associated with a risk for leukemia. Exposure
assessments for benzene and carbon tetrachloride were also
completed since these chemicals might also cause leukemia.
The study population included 115 PNS employees who had died
from leukemia. They were compared with a total of 460 other PNS
workers who served as controls. All workers in this study were
selected from the 37,853 civilians employed at the Shipyard for
at least one day between January 1, 1952 and December 31, 1992.
Thirty-four of the leukemia cases and 167 controls were
monitored for ionizing radiation exposures while employed at
PNS.
The case-control study results suggest that leukemia mortality
risk increased with increasing cumulative occupational ionizing
radiation dose among PNS workers. The magnitude of increase in
leukemia risk is consistent with other radiation epidemiology
study results. Workers potentially exposed to benzene or carbon
tetrachloride for longer periods of time also appear to have
greater risk of death from leukemia. Uncertainty in the risk
estimates, i.e., the rather wide confidence intervals, is
attributed to the relatively small number of leukemia deaths
(34) among radiation-monitored workers and reliance on job
titles and shops to estimate benzene and carbon tetrachloride
exposures instead of individual monitoring results for these
chemicals.
Entire Document 2005-104.pdf
(2,697KB; 199 pgs)
The free Adobe Acrobat Reader is needed to view these files.
[ ] [2005-104 Cover]
Related Resources/Publications:
Occupational Energy Research Program
Radiation exposure from work-related medical X-rays at the
Portsmouth Naval Shipyard, Am J Ind Medicine; Vol 47, Issue 3 ,
Pages 206-16
*****************************************************************
34 OERP: Mortality Update for Pantex Weapons Facility
(2005-124) | CDC/NIOSH
NIOSH Publication No. 2005-124:
Mortality Update for the Pantex Weapons Facility: Final Report
A study of Pantex workers published in 1985 was limited by the
small number of deaths and short follow-up, although the risk of
several cancers was elevated. Vital status was updated through
1995. An SMR analysis with examination of dose-response was
conducted; however, it was not possible to update exposure
information for the cohort (duration of employment was used as a
surrogate for dose). A decision to return to the facility to
conduct an updated analysis is pending.
Entire Document 2005-124.pdf
(153KB; 31 pgs)
The free Adobe Acrobat Reader is needed to view these files.
[ ] [2005-124 Cover]
Related Resources/Publications:
Occupational Energy Research Program
*****************************************************************
35 OERP: Mortality & Radiation-Related Risk of Cancer Study at INEEL
(2005-131) | CDC/NIOSH
NIOSH Publication No. 2005-131:
An Epidemiologic Study of Mortality and Radiation-Related Risk
of Cancer Among Workers at the Idaho National Engineering and
Environmental Laboratory, A U.S. Department of Energy Facility:
NIOSH Occupational Energy Research Program Final Report
This study is an all-cause cohort mortality study to evaluate
causes and numbers of deaths among workers at the INEEL
facility, and to determine if and how past radiation exposures
were associated with cancers among INEEL workers. This study
included 63,561 civilian workers employed by the Department of
Energy (DOE), its contractors and subcontractors, or the Naval
Reactors Facility (NRF) at the INEEL at any time between 1949
and the end of 1991. Causes of death prior to 12/31/1999 were
obtained for deceased workers using the National Death Index and
death certificates. Gamma and neutron radiation doses were
estimated for each worker from individual dosimetry records at
the INEEL and the NRF. Mortality risks for most causes of death
were lower among INEEL workers compared to the regional
population. However, cancer rates were slightly elevated, and
differ by the type of work conducted at the INEEL. While the
results of the study suggest that there may be a relationship
between workplace radiation exposures and the risk of brain
tumors, leukemia, and lymphatic cancers, the numbers were not
statistically significant. The findings provide guidance for
further research needed to determine conclusively if past
radiation exposures were associated with a risk of cancer.
Entire Document 2005-131.pdf
(2,069KB; 283 pgs)
The free Adobe Acrobat Reader is needed to view these files.
[ ] [2005-131 Cover]
Related Resources/Publications:
Occupational Energy Research Program
*****************************************************************
36 [epa-impact] USEC Inc.'s Proposed American Centrifuge Plant; Notice
Date: Thu, 8 Sep 2005 12:20:52 -0400 (EDT)
autolearn=ham version=3.0.4
X-Spam-filter-host: pascal.ctyme.com - http://www.junkemailfilter.com
http://epa.gov/EPA-IMPACT/2005/September/Day-08/
=======================================================================
[Federal Register: September 8, 2005 (Volume 70, Number 173)]
[Notices]
[Page 53396-53398]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08se05-90]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 70-7004]
USEC Inc.'s Proposed American Centrifuge Plant; Notice of
Availability of Draft Environmental Impact Statement
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of availability of Draft Environmental Impact Statement.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. Nuclear Regulatory
Commission (NRC) is issuing a Draft Environmental Impact Statement
(DEIS) for the USEC Inc. (USEC) license application, dated August 23,
2004, for the possession and use of source, byproduct and special
nuclear materials at its proposed American Centrifuge Plant (ACP)
located near Piketon, Ohio.
The DEIS is being issued as part of the NRC's decision-making
process on whether to issue a license to USEC, pursuant to Title 10 of
the U.S. Code of Federal Regulations Parts 30, 40, and 70. The scope of
activities conducted under the license would include the construction,
operation, and decommissioning of the ACP. Specifically, USEC proposes
to use gas centrifuge technology to enrich the uranium-235 isotope
found in natural uranium up to 10-weight percent. The enriched uranium
would be used to
[[Page 53397]]
manufacture nuclear fuel for commercial nuclear power reactors.
The NRC staff will hold a public meeting to present an overview of
the DEIS and to accept oral and written public comments. The meeting
date, time and location are listed below:
Meeting Date: Thursday, September 29, 2005.
Meeting Location: Vern Riffe Career Technology Center, 175 Beaver
Creek Road, Piketon, OH 45661.
Informal Open House: 6-7 p.m.
DEIS Comment Meeting: 7-9:45 p.m.
Prior to the public meeting, the NRC staff will be available to
informally discuss the proposed USEC project and answer questions in an
``open house'' format. This ``open house''' format provides for one-on-
one discussions with the NRC staff involved with the preparation of the
DEIS. The DEIS meeting officially begins at 7 p.m. and will include:
(1) A presentation summarizing the contents of the DEIS and (2) an
opportunity for interested government agencies, organizations, and
individuals to provide comments on the DEIS. This portion of the
meeting will be transcribed by a court reporter. Persons wishing to
provide oral comments will be asked to register at the meeting
entrance. Individual oral comments may have to be limited by the time
available, depending upon the number of persons who register. If
special equipment or accommodations are needed to attend or present
information at the public meeting, the need should be brought to the
attention of Mr. Matthew Blevins no later than September 22, 2005, to
provide NRC staff with adequate notice to determine whether the request
can be accommodated. Please note that comments do not have to be
provided at the public meeting and may be submitted at any time
throughout the comment period, through October 24, 2005, as described
in the DATES and ADDRESSES sections of this notice.
DATES: The public comment period on the DEIS begins with publication of
this notice and continues until October 24, 2005. Written comments
should be submitted as described in the ADDRESSES section of this
notice. Comments submitted by mail should be postmarked by that date to
ensure consideration. Comments received or postmarked after that date
will be considered to the extent practical. A public meeting to discuss
the DEIS will be held on September 29 as described in the SUMMARY
section of this notice.
ADDRESSES: Members of the public are invited and encouraged to submit
comments to the Chief, Rules Review and Directives Branch, Mail Stop
T6-D59, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
Please note Docket No. 70-7004 when submitting comments. Comments will
also be accepted by e-mail at NRCREP@nrc.gov
or by facsimile to (301) 415-5397, Attention: Mr. Matthew Blevins.
FOR FURTHER INFORMATION CONTACT: For questions related to the safety
review or overall licensing of the USEC facility, please contact Mr.
Yawar Faraz at at (301) 415-8113. For environmental review questions,
please contact Mr. Matthew Blevins at (301) 415-7684.
The DEIS may be accessed on the Internet at:
http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/
by selecting ``NUREG-1834.''
Additionally, the NRC maintains an Agencywide Documents Access and
Management System (ADAMS), which provides text and image files of NRC's
public documents. The DEIS and its appendices may also be accessed
through the NRC's Public Electronic Reading Room on the Internet
at http://www.nrc.gov/reading-rm/adams.html.
If you do not have access to
ADAMS or if there are problems in accessing the documents located in
ADAMS, contact the NRC Public Document Room (PDR) Reference staff at 1-
800-397-4209, 301-415-4737 or by e-mail to PDR@nrc.gov.
The DEIS is also available for inspection at the Commission's
Public Document Room, U.S. NRC's Headquarters Building, 11555 Rockville
Pike (first floor), Rockville, Maryland. Upon written request and to
the extent supplies are available, a single copy of the DEIS can be
obtained for a fee by writing to the Office of Information Services,
Reproduction and Distribution Services Branch, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001; by electronic mail at
DISTRIBUTION@nrc.gov;
or by fax at (301) 415-2289.
A selected group of documents associated with the USEC facility may
also be obtained from the Internet on NRC's USEC Web page:
http://www.nrc.gov/materials/fuel-cycle-fac/usecfacility.html.
In addition, all comments of Federal, State and local agencies, Indian tribes or
other interested persons will be made available for public inspection
when received.
SUPPLEMENTARY INFORMATION: This DEIS was prepared in response to an
application submitted by USEC dated August 23, 2004, for the possession
and use of source, byproduct and special nuclear materials at its
proposed ACP located near Piketon, Ohio. The DEIS for the proposed ACP
was prepared by the NRC staff and its contractor, ICF Consulting, Inc.,
in compliance with the National Environmental Policy Act (NEPA) and the
NRC's regulations for implementing NEPA (10 CFR Part 51).
The DEIS is being issued as part of the NRC's decision-making
process on whether to issue a license to USEC, pursuant to Title 10 of
the U.S. Code of Federal Regulations Parts 30, 40, and 70. The scope of
activities conducted under the license would include the construction,
operation, and decommissioning of the ACP. Specifically, USEC proposes
to use gas centrifuge technology to enrich the uranium-235 isotope
found in natural uranium up to 10-weight percent. The enriched uranium
would be used to manufacture nuclear fuel for commercial nuclear power
reactors. USEC proposes to locate the ACP in leased portions of the
U.S. Department of Energy (DOE) reservation in Piketon, OH. This is the
same site as DOE's Portsmouth Gaseous Diffusion Plant. The ACP would
consist of refurbished existing facilities and newly constructed
facilities, primarily located in the southwestern portion of the
central DOE reservation.
The NRC staff published a Notice of Intent to prepare an EIS for
the proposed ACP and to conduct a scoping process, in the Federal
Register on October 15, 2004 (69 FR 61268). The NRC staff accepted
comments through February 1, 2005, and subsequently issued a Scoping
Summary Report in April 2005 (ADAMS Accession Number: ML050820008). The
DEIS describes the proposed action and alternatives to the proposed
action, including the no-action alternative. The NRC staff assesses the
impacts of the proposed action and its alternatives on public and
occupational health, air quality, water resources, waste management,
geology and soils, noise, ecology resources, land use, transportation,
historical and cultural resources, visual and scenic resources,
socioeconomics, accidents and environmental justice. Additionally, the
DEIS analyzes and compares the costs and benefits of the proposed
action.
Based on the preliminary evaluation in the DEIS, the NRC
environmental review staff has concluded that the proposed action would
have small effects on the physical environment and human communities
with the exception of: (1) Short-term moderate impacts associated with
increases in particulate matter released to the air during the
construction phase, (2) short-term moderate impacts related to
increased
[[Page 53398]]
traffic congestion during the construction phase, (3) potential
moderate impacts due to transportation accidents, (4) potential
moderate impacts from facility operation accidents, (5) moderate
impacts associated with a potential operating extension of the DOE
depleted uranium tails conversion facility, and (6) moderate employment
impacts on the local communities associated with the construction and
operation phases.
After weighing the impacts, costs, and benefits of the proposed
action and comparing alternatives, the NRC staff, in accordance with 10
CFR 51.71(e), set forth their preliminary recommendation regarding the
proposed action. The NRC staff recommend that, unless safety issues
mandate otherwise, the action called for is the approval of the
proposed action (i.e., issue a license). The DEIS is a preliminary
analysis of the environmental impacts of the proposed action and its
alternatives. The Final EIS and any decision documentation regarding
the proposed action will not be issued until public comments on the
DEIS have been received and evaluated. Notice of the availability of
the Final EIS will be published in the Federal Register.
The NRC staff in the Division of Fuel Cycle Safety and Safeguards
are currently completing the safety review for USEC's license
application and is currently scheduled for completion in the Spring of
2006.
Dated at Rockville, Maryland, this 30th day of August, 2005.
For the Nuclear Regulatory Commission.
Scott C. Flanders,
Deputy Director, Environmental and Performance Assessment Directorate,
Division of Waste Management and Environmental Protection, Office of
Nuclear Material Safety and Safeguards.
[FR Doc. E5-4878 Filed 9-7-05; 8:45 am]
BILLING CODE 7590-01-P
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37 Platts: DCS' request for MOX fuel fabrication facility license
delayed
+ DCS' request to NRC for an operating license for a MOX fuel
fabrication facility is now targeted for third quarter 2006, a
company official said today.
Duke Cogema Stone &Webster (DCS), the DOE contractor that is to
build and operate the mixed-oxide (MOX) facility at the Savannah
River Site in South Carolina, had previously said it planned to
submit the application in fiscal 2005.
The delay will allow DCS to make changes to the design before
sending in the application, DCS Vice President/Regulatory Affairs
Manager Richard Sweigart said at a meeting with NRC staff at
agency headquarters in Rockville, Md.
Earlier this year, NRC issued a construction permit for the
facility, but construction has not yet begun.
For more information, take a trial to Nuclear News Flashes at
http://www.nuclearnews.platts.com.
Washington (Platts)--7Sep2005
Copyright © 2005 - Platts, All Rights Reserved
[The McGraw-Hill Companies]
*****************************************************************
38 Chemical & Engineering News: Nevada Sues NRC Over Yucca License
September 8, 2005
GOVERNMENT &POLICY
State claims federal agency has prejudged licensing process for
nuclear waste facility
Glenn Hess
Nevada has filed a lawsuit against the Nuclear Regulatory
Commission (NRC) that accuses the agency of prejudging the
outcome of the Department of Energys upcoming application for a
license to open a nuclear waste disposal facility at Yucca
Mountain, in Nevada.
The suit, filed in the U.S. Court of Appeals for the District of
Columbia Circuit, charges that NRC unlawfully rejected the
states March 1 petition challenging the so-called waste
confidence rule. The regulation allows NRC to continue licensing
new nuclear power plants and waste storage facilities with the
expectation that a geologic repository for the disposal of
nuclear waste will be available by 2025.
NRCs 1990 rule was based on its determination that if Yucca
Mountain were to fail to receive a license by a projected date
of 2000, there would still be sufficient time—25 years—to
locate, license, and construct an alternative repository. The
only way NRC can meet its requirement that a repository will be
available by 2025 is to presume it will give Yucca a license,
Nevada Attorney General Brian Sandoval says. For an ostensibly
impartial regulator to make that prejudgment is simply unlawful.
An NCR spokesman says the commission is committed to a fair and
comprehensive review of DOEs license application, which the
department plans to file in March.
Chemical & Engineering News
+ ISSN 0009-2347
+ Copyright © 2005
*****************************************************************
39 Chillicothe Gazette: USEC restructuring won't affect Piketon operations
www.chillicothegazette.com
Thursday, September 8, 2005
Some employees may be moved to Pike County
The Gazette Staff
A major realignment of USEC Inc. will have little impact on
Piketon's plant, but will ensure the organization remains
sharply focused on current operations, the company announced
Wednesday.
Spokeswoman Elizabeth Stuckle said the restructuring plan likely
will not affect current employees or operations at the American
Centrifuge in Piketon, as the changes are focused on operations
at the company's headquarters in Bethesda, Md.
"USEC's restructuring of the headquarters will not significantly
affect the Piketon plant's organization or staffing," Stuckle
said. "There may be some positions and operations that are
eliminated from the headquarters and picked up at Piketon."
She said the plan will be finalized by the end of September, and
the change is expected to increase productivity and efficiency.
"We expect to complete this restructuring of the company before
naming USEC's new chief executive officer in the near future,"
said James R. Mellor, chairman, president and CEO of USEC, Inc.
"This will allow him to hit the ground running and immediately
focus on the business going forward."
According to a press release, the realignment will streamline
USEC's organization and resize headquarters operations beginning
with the elimination of some senior positions and the
realignment of responsibilities under a smaller senior
management team.
The USEC headquarters staff of 132 is being reduced by one-third.
The restructuring is at all levels, including senior management,
and involves the elimination of positions, retirements and the
transfer of a number of functions and activities from Bethesda
to the Paducah, Ky., and Piketon plants, Mellor said.
In addition, USEC recently announced a voluntary reduction of 50
people in the salaried work force at the Paducah production
plant.
Originally published September 8, 2005
Copyright ©2005 Chillicothe Gazette. All rights reserved.
*****************************************************************
40 Salt Lake Tribune: NRC is unlikely to back Utah on N-waste protest
Article Last Updated: 09/08/2005 02:24:31 AM
Bennett notes the site still faces obstacles
By Robert Gehrke and Judy Fahys
The Salt Lake Tribune
Utah's leaders are offering little hope that the Nuclear
Regulatory Commission will reject a nuclear waste storage site
in the state, as commissioners prepare to meet Friday on Utah's
last remaining objection.
Friday's scheduled vote is whether to affirm a technical
board ruling that the waste containers won't release too much
radiation if a jet fighter crashes into them. Once that's done,
commissioners would be free to sign off on Private Fuel
Storage's license to store 44,000 tons of nuclear fuel on the
Skull Valley Goshute Indian reservation.
Sen. Orrin Hatch, R-Utah, conceded Wednesday that a ruling
against the state is probable.
"They just want to get it off their hands, and that's always
been the case," Hatch said.
Sen. Bob Bennett said the storage site would still face many
obstacles.
"I wouldn't be surprised if they vote to license the
facility, but as I said all along, licensing the facility
doesn't mean it's going to get built," he said.
Private Fuel Storage, a group of electric utilities, wants to
store reactor fuel on the reservation, about 50 miles southwest
of Salt Lake City, until a permanent dump is built, presumably
at Yucca Mountain in Nevada.
PFS originally estimated the project's cost at $3.1 billion,
with potentially hundreds of millions of dollars set to go to
the 121-member Skull Valley band for leasing 820 acres for up to
40 years.
It was unclear Wednesday how far the NRC would go this week
in deciding the PFS issue. It has tentatively scheduled a vote
Friday on the Atomic Safety and Licensing Board's April ruling
about the safety of the waste-storage containers.
If an F-16 jet fighter crashed into one of the nuclear casks,
the board found, it would be highly unlikely the container would
release worrisome amounts of radiation.
One board member, a nuclear engineer, dissented in the rare
split vote of 2-1. Bennett said there is a rumor that the NRC
may not take the vote because one of the five commissioners is
"not quite ready."
PFS spokeswoman Sue Martin said the companies are not
expecting a final decision Friday, just a ruling on the
containers.
"We're just watching the situation like everybody else," she
said.
Utah Assistant Attorney General Denise Chancellor said the
state is hopeful the commission will reject the container
ruling.
She would not speculate on a final license decision.
"We'll have to wait and see," she said.
The state already has lost more than four dozen technical
challenges to the project before the NRC.
"I never have a whole bunch of confidence" in the NRC
decisions, said Utah Republican Rep. Rob Bishop. "If they rule
in our favor, I'd be surprised and happy. If they do not rule in
favor of the state, we still have some options. We plan on
moving ahead on this issue."
If the license is granted, it would take several years for
PFS to ink deals with utilities to transport and store the waste
and to build the facility, which is essentially a concrete
parking lot where long rows of concrete and steel casks
containing the waste would be stored.
Jason Groenewold, director of the Healthy Environment
Alliance of Utah, which opposes PFS, said he expects that "the
NRC will do whatever it takes to ensure the nuclear industry has
a place to dump its waste."
He said it was disappointing the NRC did not look at the
worst-case scenario - the impact on the public if waste were
released from a container- and order a thorough plan for
emergency response.
"That is frightening, given what we're seeing happen
nationally right now," he said.
"What we're prepared to expect from the federal government is
for them to put their heads in the sand and ignore the problem."
Hatch said while he will be disappointed if the NRC rules in
favor of PFS, it is "just the beginning of the battle. . . .
Once the proposal leaves the NRC, it becomes vulnerable to
lengthy examination by the courts, as well as administrative
actions, which we will pursue relentlessly."
---
Tribune reporter Thomas Burr contributed to this story.
© Copyright 2005, The Salt Lake Tribune.
*****************************************************************
41 NRC: USEC Inc.'s Proposed American Centrifuge Plant; Notice of
FR Doc E5-4878
[Federal Register: September 8, 2005 (Volume 70, Number 173)]
[Notices] [Page 53396-53398] From the Federal Register Online via
GPO Access [wais.access.gpo.gov] [DOCID:fr08se05-90]
Availability of Draft Environmental Impact Statement AGENCY:
Nuclear Regulatory Commission.
ACTION: Notice of availability of Draft Environmental Impact
Statement.
SUMMARY: Notice is hereby given that the U.S. Nuclear Regulatory
Commission (NRC) is issuing a Draft Environmental Impact
Statement (DEIS) for the USEC Inc. (USEC) license application,
dated August 23, 2004, for the possession and use of source,
byproduct and special nuclear materials at its proposed American
Centrifuge Plant (ACP) located near Piketon, Ohio.
The DEIS is being issued as part of the NRC's decision-making
process on whether to issue a license to USEC, pursuant to Title
10 of the U.S. Code of Federal Regulations Parts 30, 40, and 70.
The scope of activities conducted under the license would include
the construction, operation, and decommissioning of the ACP.
Specifically, USEC proposes to use gas centrifuge technology to
enrich the uranium-235 isotope found in natural uranium up to
10-weight percent. The enriched uranium would be used to
[[Page 53397]] manufacture nuclear fuel for commercial nuclear
power reactors.
The NRC staff will hold a public meeting to present an overview
of the DEIS and to accept oral and written public comments. The
meeting date, time and location are listed below: Meeting Date:
Thursday, September 29, 2005.
Meeting Location: Vern Riffe Career Technology Center, 175 Beaver
Creek Road, Piketon, OH 45661.
Informal Open House: 6-7 p.m. DEIS Comment Meeting: 7-9:45 p.m.
Prior to the public meeting, the NRC staff will be available to
informally discuss the proposed USEC project and answer questions
in an ``open house'' format. This ``open house''' format provides
for one-on- one discussions with the NRC staff involved with the
preparation of the DEIS. The DEIS meeting officially begins at 7
p.m. and will include: (1) A presentation summarizing the
contents of the DEIS and (2) an opportunity for interested
government agencies, organizations, and individuals to provide
comments on the DEIS. This portion of the meeting will be
transcribed by a court reporter. Persons wishing to provide oral
comments will be asked to register at the meeting entrance.
Individual oral comments may have to be limited by the time
available, depending upon the number of persons who register. If
special equipment or accommodations are needed to attend or
present information at the public meeting, the need should be
brought to the attention of Mr. Matthew Blevins no later than
September 22, 2005, to provide NRC staff with adequate notice to
determine whether the request can be accommodated. Please note
that comments do not have to be provided at the public meeting
and may be submitted at any time throughout the comment period,
through October 24, 2005, as described in the DATES and ADDRESSES
sections of this notice.
DATES: The public comment period on the DEIS begins with
publication of this notice and continues until October 24, 2005.
Written comments should be submitted as described in the
ADDRESSES section of this notice. Comments submitted by mail
should be postmarked by that date to ensure consideration.
Comments received or postmarked after that date will be
considered to the extent practical. A public meeting to discuss
the DEIS will be held on September 29 as described in the SUMMARY
section of this notice.
ADDRESSES: Members of the public are invited and encouraged to
submit comments to the Chief, Rules Review and Directives Branch,
Mail Stop T6-D59, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001. Please note Docket No. 70-7004 when submitting
comments. Comments will also be accepted by e-mail at
NRCREP@nrc.gov or by facsimile to (301) 415-5397, Attention: Mr.
Matthew Blevins. FOR FURTHER INFORMATION CONTACT: For questions
related to the safety review or overall licensing of the USEC
facility, please contact Mr. Yawar Faraz at at (301) 415-8113.
For environmental review questions, please contact Mr. Matthew
Blevins at (301) 415-7684. The DEIS may be accessed on the
Internet at:
http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/ by
selecting ``NUREG-1834.'' Additionally, the NRC maintains an
Agencywide Documents Access and Management System (ADAMS), which
provides text and image files of NRC's public documents. The DEIS
and its appendices may also be accessed through the NRC's Public
Electronic Reading Room on the Internet at
http://www.nrc.gov/reading-rm/adams.html. If you do not have
access to ADAMS or if there are problems in accessing the
documents located in ADAMS, contact the NRC Public Document Room
(PDR) Reference staff at 1- 800-397-4209, 301-415-4737 or by
e-mail to PDR@nrc.gov. The DEIS is also available for inspection
at the Commission's Public Document Room, U.S. NRC's Headquarters
Building, 11555 Rockville Pike (first floor), Rockville,
Maryland. Upon written request and to the extent supplies are
available, a single copy of the DEIS can be obtained for a fee by
writing to the Office of Information Services, Reproduction and
Distribution Services Branch, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; by electronic mail at
DISTRIBUTION@nrc.gov; or by fax at (301) 415-2289. A selected
group of documents associated with the USEC facility may also be
obtained from the Internet on NRC's USEC Web page:
http://www.nrc.gov/materials/fuel-cycle-fac/usecfacility.html. In
addition, all comments of Federal, State and local agencies,
Indian tribes or other interested persons will be made available
for public inspection when received.
SUPPLEMENTARY INFORMATION: This DEIS was prepared in response to
an application submitted by USEC dated August 23, 2004, for the
possession and use of source, byproduct and special nuclear
materials at its proposed ACP located near Piketon, Ohio. The
DEIS for the proposed ACP was prepared by the NRC staff and its
contractor, ICF Consulting, Inc., in compliance with the National
Environmental Policy Act (NEPA) and the NRC's regulations for
implementing NEPA (10 CFR Part 51).
The DEIS is being issued as part of the NRC's decision-making
process on whether to issue a license to USEC, pursuant to Title
10 of the U.S. Code of Federal Regulations Parts 30, 40, and 70.
The scope of activities conducted under the license would include
the construction, operation, and decommissioning of the ACP.
Specifically, USEC proposes to use gas centrifuge technology to
enrich the uranium-235 isotope found in natural uranium up to
10-weight percent. The enriched uranium would be used to
manufacture nuclear fuel for commercial nuclear power reactors.
USEC proposes to locate the ACP in leased portions of the U.S.
Department of Energy (DOE) reservation in Piketon, OH. This is
the same site as DOE's Portsmouth Gaseous Diffusion Plant. The
ACP would consist of refurbished existing facilities and newly
constructed facilities, primarily located in the southwestern
portion of the central DOE reservation.
The NRC staff published a Notice of Intent to prepare an EIS for
the proposed ACP and to conduct a scoping process, in the Federal
Register on October 15, 2004 (69 FR 61268). The NRC staff
accepted comments through February 1, 2005, and subsequently
issued a Scoping Summary Report in April 2005 (ADAMS Accession
Number: ML050820008). The DEIS describes the proposed action and
alternatives to the proposed action, including the no-action
alternative. The NRC staff assesses the impacts of the proposed
action and its alternatives on public and occupational health,
air quality, water resources, waste management, geology and
soils, noise, ecology resources, land use, transportation,
historical and cultural resources, visual and scenic resources,
socioeconomics, accidents and environmental justice.
Additionally, the DEIS analyzes and compares the costs and
benefits of the proposed action.
Based on the preliminary evaluation in the DEIS, the NRC
environmental review staff has concluded that the proposed action
would have small effects on the physical environment and human
communities with the exception of: (1) Short-term moderate
impacts associated with increases in particulate matter released
to the air during the construction phase, (2) short-term moderate
impacts related to increased
[[Page 53398]] traffic congestion during the construction phase,
(3) potential moderate impacts due to transportation accidents,
(4) potential moderate impacts from facility operation accidents,
(5) moderate impacts associated with a potential operating
extension of the DOE depleted uranium tails conversion facility,
and (6) moderate employment impacts on the local communities
associated with the construction and operation phases.
After weighing the impacts, costs, and benefits of the proposed
action and comparing alternatives, the NRC staff, in accordance
with 10 CFR 51.71(e), set forth their preliminary recommendation
regarding the proposed action. The NRC staff recommend that,
unless safety issues mandate otherwise, the action called for is
the approval of the proposed action (i.e., issue a license). The
DEIS is a preliminary analysis of the environmental impacts of
the proposed action and its alternatives. The Final EIS and any
decision documentation regarding the proposed action will not be
issued until public comments on the DEIS have been received and
evaluated. Notice of the availability of the Final EIS will be
published in the Federal Register.
The NRC staff in the Division of Fuel Cycle Safety and Safeguards
are currently completing the safety review for USEC's license
application and is currently scheduled for completion in the
Spring of 2006.
Dated at Rockville, Maryland, this 30th day of August, 2005.
For the Nuclear Regulatory Commission.
Scott C. Flanders, Deputy Director, Environmental and Performance
Assessment Directorate, Division of Waste Management and
Environmental Protection, Office of Nuclear Material Safety and
Safeguards.
[FR Doc. E5-4878 Filed 9-7-05; 8:45 am] BILLING CODE 7590-01-P
*****************************************************************
42 ACA: Is U.S. Reprocessing Worth The Risk?
Arms Control Association: Arms Control Today:
Steve Fetter and Frank N. von Hippel
Nearly three decades ago, the United States swore off the
reprocessing of spent nuclear fuel because it cost too much and
put separated plutonium into circulation. Now, some in Congress
want to launch a massive program to reprocess the spent fuel
that has accumulated at U.S. power plants.
In May, the House endorsed report language calling on the
Department of Energy to prepare an integrated spent fuel
recycling plan for implementation beginning in fiscal year 2007,
includingreprocessing, preparation of mixed oxide fuel,
vitrification of high level waste products, and temporary
process storage.[1]
Supporters, led by Rep. David Hobson (R-Ohio), chairman of the
Appropriations Energy and Water Subcommittee, say the need is
imminent. They point out that, in the absence of reprocessing,
the amount of spent fuel discharged by U.S. power reactors will
soon exceed the legislated storage capacity of the repository
being built under Yucca Mountain in Nevada. Moreover, Hobson has
been persuaded that the Energy Department has developed new
reprocessing technologies that have the potential to minimize
thestreams of radioactive waste products and also eliminate the
presence of separated plutonium.[2]
In fact, reprocessing does not eliminate the need for a
repository, and there is no urgent need for additional
repository capacity. Further, the new reprocessing technologies
being examined by the Energy Department, if adopted, would make
huge additional quantities of plutonium accessible for diversion
by terrorist groups and would undercut the ability of the United
States to oppose the spread of plutonium-separation technology
to additional countries. Reprocessing also would be very
expensive, increasing the costs of nuclear power in the United
States by billions of dollars a year. Yet, the House vote took
place without hearings being held. Given the high stakes
involved, Congress owes the American people the opportunity for
an open and informed debate on the issues involved.
Evolution of U.S. Spent Fuel Disposal Policy
Reprocessing is the generic term for the chemical processing of
spent nuclear fuel. The method currently used is the PUREX
(plutonium-uranium extraction) process, which was originally
developed by the United States in the early 1950s to separate
plutonium for nuclear weapons. The spent fuel assemblies are
chopped into pieces, the fuel is dissolved in nitric acid, and
organic solvents are used to separate the plutonium and uranium
from the fission products (such as cesium-137 and strontium-90)
and minor transuranic elements (neptunium, americium, and
curium). The plutonium and uranium are then separated from each
other and purified for use in fresh reactor fuel. The fission
products and minor transuranics are mixed into glass and stored
in a surface facility pending the availability of an underground
repository.
Commercial reprocessing programs originated in the 1960s and
1970s when power reactor operators worldwide expected that
plutonium would be needed to make start-up fuel for plutonium
breeder reactors. These reactors would then fuel themselves and
other reactors with the plutonium that reactors produce by
transmuting the abundant non-chain-reacting uranium-238 isotope.
It was believed that production of nuclear energy based on the
much less abundant chain-reacting uranium-235 isotope would
increase so rapidly that the worlds high-grade uranium ores
would quickly be depleted, making a transition to the more
uranium-efficient breeder reactors economical.
This expectation, however, was wrong, as U.S. and world nuclear
capacity reached a plateau at one-tenth the level that had been
projected for the year 2000, huge deposits of high-grade uranium
ore were discovered in Australia and Canada, and both breeder
reactors and reprocessing were found to be much more costly than
had been expected.
Before these errors were generally recognized, reconsideration
of U.S. reprocessing policy was triggered by Indias peaceful
nuclear explosion in 1974. The Indian nuclear device had been
made using plutonium extracted from spent fuel using
reprocessing technology provided by the United States.
The Ford administration reacted by opposing any further export
of reprocessing technology, and the Carter administration put a
hold on the licensing of commercial reprocessing facilities in
the United States. The Reagan administration lifted the hold on
U.S. reprocessing, but by then, U.S. reactor operators had
realized how costly breeder reactors and reprocessing would be
and had lost interest. The only commercial reprocessing facility
to operate in the United States, at West Valley, New York, had
closed in 1972 after a few years of troubled operation. The site
is still the target of an ongoing, multibillion-dollar,
government-funded radioactive waste cleanup project. Two other
commercial reprocessing plants, at Morris, Illinois, and at
Barnwell, South Carolina, were built but never operated.
Given that spent fuel had become a waste and not a resource,
Congress passed the Nuclear Waste Policy Act (NWPA) in 1982. In
exchange for a modest tax of $0.001 per kilowatt-hour (about 2
percent of the wholesale cost of nuclear-generated electricity),
the Energy Department would arrange for the disposal of spent
nuclear fuel in geological repositories. In 1987, Congress
specified that the first repository would be sited under Yucca
Mountain. To make clear that the burden would not be Nevadas
alone, however, the amount of commercial spent fuel that could
be placed in Yucca Mountain was limited to 63,000 tons until
such a time as a second repository is in operation. [3] U.S.
reactors will have discharged this amount of spent fuel by 2008.
The NWPA requires the secretary of energy to report to the
president and to Congress on or after January 1, 2007, but not
later than January 1, 2010, on the need for a second repository.
[4]
Given the widespread public abhorrence of radioactive waste,
neither the Energy Department nor Congress has any appetite to
look for a second repository site. Nor, given recent legal
reverses in the Energy Departments battle with Nevada over the
licensing of the Yucca Mountain repository, do they seem
interested in trying to raise the legislated limit on the amount
of spent fuel that can be stored there. This has created the
atmosphere of crisis that inspired Hobson to propose
reprocessing spent fuel and recycling the uranium and plutonium
it contains as a way out.
Yet, if the public and Congress understood the trade-offs being
proposed, they would be much more frightened of the near-term
dangers of nuclear terrorism and nuclear proliferation that come
with plutonium separation than of the very-long-term (hundreds
to thousands of centuries) danger of local, radioactive
groundwater pollution that is the focus of the licensing battle
over Yucca Mountain. It is important to devise the best possible
long-term solution for the radioactive waste problem, but the
near-term security, economic, and environmental costs of
reprocessing and recycling must not be ignored.
Fortunately, there is plenty of time to look before we leap. As
the American Physical Societys Panel on Public Affairs recently
pointed out:
Even though Yucca Mountain may be delayed considerably, interim
storage of spent fuel in dry casks, either at current reactor
sites, or in a few regional facilities, or at a single national
facility, is safe and affordable for a period of at least 50
years. Further, any spent fuel that would be emplaced at Yucca
Mountain would remain available for reprocessing for many
decades. There is no urgent need for the [ United States] to
initiate reprocessing or to develop additional national
repositories.[5] The Costs of Reprocessing and Recycling
There is widespread agreement in the United States and abroad
that reprocessing and recycling is significantly more expensive
than storing spent fuel in an underground repository and buying
fresh low-enriched uranium (LEU). This is because reprocessing
is an expensive process and also because fabricating mixed-oxide
(MOX) fuel containing the recovered plutonium mixed with
depleted uranium is more expensive than buying the alternative,
fresh LEU fuel.
Thus far, the only country to implement a comprehensive
reprocessing and recycling program is France. However, in 2000,
the French government concluded that even with the initial costs
of its reprocessing and MOX fuel fabrication plants paid for, if
France were to stop reprocessing in 2010, it would save $4-5
billion over the remaining life-time of its current fleet of
power reactors.[6]
A study by Japans New Nuclear Policy-Planning Council recently
estimated that the total extra cost for reprocessing 32,000 tons
of Japans spent fuel (about half as much as U.S. reactors have
discharged thus far) and recycling the plutonium would be about
$60 billion.[7]
Three recent U.S. academic studies find that reprocessing and
recycling would also be more expensive in the United States than
directly disposing of spent fuel.[8] Although the estimated
difference is a modest percentage of the price of
electricityabout 3-5 percentthe total cost is large. For the
current fleet of U.S. nuclear power plants, reprocessing spent
fuel and recycling the recovered plutonium would add roughly $2
billion per year to the cost of U.S. nuclear-generated
electricity. These extra costs would have to be passed along to
ratepayers or to taxpayers if underwritten by the government.
It is sometimes argued that reprocessing will become
economically attractive as the cost of reprocessing decreases or
as nuclear power expands and uranium prices increase. At the
average uranium price paid by U.S. reactor operators in 2004
($33 per kilogram), our calculations indicate that reprocessing
would have to cost less than $400 per kilogram of spent fuel in
order to be competitive with direct disposal.[9] Yet, if the
cost of building a new U.S. reprocessing facility were similar
to those of facilities in France and the United Kingdom, the
cost of reprocessing would be more than $2,000 per kilogram.
[10] Even if reprocessing costs could somehow be cut in half to
$1,000 per kilogram of spent fuel, the price of uranium would
have to rise to nearly $400 per kilogram in order for
reprocessing to be cost effective. It is extremely unlikely that
world uranium prices will rise to this level in the next 50
years, even if nuclear power expands dramatically.
The PUREX process has been in use for more than five decades,
and it seems unlikely that dramatic cost reductions could be
achieved using this or the new more elaborate UREX+ reprocessing
technology currently favored by the Energy Department. Indeed,
increasingly stringent environmental and safety regulations
could be expected to put upward pressures on costs. The
experience at the new Rokkasho-mura reprocessing facility in
Japan, where initial capital cost estimates more than tripled to
about $20 billion, serves as a cautionary example.
A range of alternative chemical separation processes have been
proposed over the decades. One that attracted support from the
2001 energy commission chaired by Vice President Dick Cheney is
electrometallurgical processing, or pyroprocessing. Recent
official reviews have concluded, however, that such techniques
are likely to be substantially more expensive than PUREX.[11]
Thus, there is no reason to believe that economics will favor
reprocessing.
Waste Disposal Reprocessing and recycling, as currently
practiced in France and planned in Japan, do not reduce the
amount of repository area required for the disposal of
radioactive wastes. The required area is determined not by the
mass or volume of the wastes, which are very small in comparison
to the mass and volume of the surrounding rock, but by the heat
output of the wastes, which raises the temperature of that rock.
Put simply, the more heat output, the more storage area that
will be needed. Yet, if current reprocessing approaches are
used, they would not significantly reduce the total heat output,
and thus they would not significantly reduce the amount of
repository area required per unit of electricity generated.[12]
Substantial reductions in repository requirements could be
achieved only if all the long-lived transuranic elements in the
spent fuel were separated and recycled repeatedly in reactors
until they were fissioned. This separation-and-transmutation
system would be even more expensive, however, than traditional
reprocessing and single recycle as currently practiced in
France.[13] If fast-neutron reactors or accelerators were used
to transmute the long-lived radionuclides more efficiently, the
cost would be even higher.[14]
No one knows how expensive a complete
separation-and-transmutation system would be, because the
technology has not been fully developed and demonstrated, but, in
the early 1990s, the Energy Department commissioned the National
Academy of Sciences (NAS) to do a thorough study of the benefits
and costs of separating and fissioning the long-lived transuranic
elements in spent fuel. The 1996 report found that the benefits
if any would be small, while the costs would be very high. The
excess cost for a [separation and transmutation] disposal system
over once-through disposal for the 62,000 [metric tons] of
[light-water reactor] spent fuel [approximately the amount
currently slated for Yucca Mountain] is uncertain but is likely
to be no less than $50 billion and easily could be more than $100
billion if adopted by the United States. [15]
If the licenses of most U.S. reactors are extended, as seems
likely, the total amount of spent fuel discharged by current
reactors will be about twice as large, and the extra costs of
separation and transmutation would rise proportionately from
$100 billion to more than $200 billion. If new reactors are
built, the extra costs would be still larger. These costs would
be in addition to those of the Yucca Mountain repository, which
would still be needed for the disposal of the fission-product
wastes.
Proliferation Implications
There are two proliferation concerns associated with
reprocessing. First, reprocessing increases the risk that
plutonium could be stolen by terrorists. Second, countries with
reprocessing plants or separated plutonium could produce nuclear
weapons before an effective international response could be
mobilized.
Nuclear Terrorism
Plutonium is much more difficult than highly enriched uranium to
make into a nuclear explosive, but it would not be impossible
for terrorists to do so.[16] Terrorists could more easily use
plutonium to make potent radiological weapons. The dispersal of
10 kilograms of plutonium-oxide aerosol 32 kilometers upwind
from downtown Seattle would cause hundreds to thousands of
additional cancer deaths as plutonium is deadly when inhaled.
[17]
The plutonium in spent fuel is relatively inaccessible to
terrorists because it is mixed with fission products, some of
whichnotably 30-year half-life cesium-137emit penetrating gamma
rays when they decay. The radiation dose rate one meter from a
50-year-old spent fuel assembly would be high enough to deliver
a fatal dose within half an hour. [18] As a result, a spent fuel
assembly, which contains about 4 kilograms of plutonium, will be
self-protecting by the standards of the International Atomic
Energy Agency (IAEA) for more than 100 years. In contrast, the
penetrating-radiation dose rate from separated plutonium is so
low that it can be safely carried in a light airtight
container.[19]
Reprocessing separates plutonium from the fission products,
making it far more vulnerable to theft. Separated plutonium
could be stolen from reprocessing or MOX fuel fabrication
facilities or in transit between them. In addition, fresh MOX
fuel could be stolen in transit or from dispersed nuclear
reactor sites, and the plutonium could be separated from the
uranium using straightforward chemical processes.
As already noted, the PUREX process was originally developed to
separate pure plutonium for weapons. The current Bush
administration therefore established an Advanced Fuel Cycle
Initiative (AFCI) within the Energy Department to come up with a
more proliferation-resistant reprocessing and recycle system in
which pure plutonium would never be separated. The AFCI program
has developed the UREX+ process, which would separate a mix of
plutonium and neptunium. However, in a March 2005 hearing before
Hobsons subcommittee, AFCI Director William Magwood volunteered
that were not sure that its possible to use this chemical
technology to separate the plutonium, in combination with a few
other things, in a fashion that will make it both proliferation
resistant and economically viable.
The reason is quite obvious: neptunium is much less radioactive
than plutonium and is itself a directly useable nuclear-weapon
material. In fact, even if all of the other transuranic isotopes
in spent fuel were separated and mixed with the plutonium, the
gamma radiation dose rate from the mixture still would be only
about 0.0001 of that from a 20-year-old spent fuel assembly and
0.001 the dose rate required to meet the IAEAs self-protection
standard.[20]
National Proliferation
For a government, the possession of a reprocessing plant would
provide a quick route to a nuclear-weapon capability. Every
country that has embarked on commercial reprocessing has
accumulated a huge stockpile of separated plutonium. Plutonium
separation by the civilian reprocessing industry has gotten so
far ahead of plutonium recycling that the world stockpile of
separated civilian plutonium has reached 250 tons and is still
growing (see table 1). Using the IAEAs conservative assumption
that 8 kilograms is required to produce a first-generation
nuclear bomb, this material represents more than 30,000 bomb
equivalentsan enormous potential threat.
This is why the Ford and Carter administrations turned against
commercial reprocessing. Given that the United States had been
the leading promoter of reprocessing and plutonium breeder
reactors for years, it was believed that the only way to turn
other countries around would be to be able to say to them,
Reprocessing is neither necessary nor economic. We dont do it.
You dont need to, either.
In the years after Indias 1974 test, the United States was
relatively successful in preventing or at least delaying the
proliferation of reprocessing technology. France was persuaded
not to complete the transfer of reprocessing plants to South
Korea and Pakistan. A deal under which Germany would have
transferred reprocessing and enrichment technologies to Brazil
collapsed before the reprocessing technology was transferred.
Further, the Nuclear Suppliers Group (NSG) was established,
whose members agreed to exercise restraint in the transfer of
reprocessing technology.
The only transfer of reprocessing technology after 1974 was to
Japan, after Japans prime minister insisted that reprocessing
was a life or death issue. Today, Japan is the only
non-nuclear-armed state that has an active civilian reprocessing
program. Japans neighbors, China and South Korea, are concerned
that this program would allow Japan to acquire and deploy
nuclear weapons quickly if it ever decides that they are needed.
In his talk at the National Defense University on February 11,
2004, President George W. Bush called on the NSG to deny
enrichment and reprocessing technologies to any state that does
not already possess full-scale, functioning enrichment and
reprocessing plants. Many countries have denounced this proposal
as a new form of discrimination by the nuclear-weapon states. A
continued U.S. stance that reprocessing is neither necessary nor
economic is likely to be more influential than a policy of Do as
I say, not as I do.
The Future of Reprocessing About 30 percent of the worlds
light-water power-reactor spent fuel is being reprocessed.[21]
Among the nuclear-armed states, France, India, Russia, and the
United Kingdom have civilian reprocessing plants, and China is
designing a pilot-scale reprocessing facility. The United
Kingdoms reprocessing plant, originally built with prepaid
foreign reprocessing contracts, is expected to shut down by 2010
because of a lack of follow-on contracts but may shut down even
earlier because of a recent accident. Russia reprocesses the
fuel from first-generation domestic and East European power
reactors in a plant that is old, subsidized, and has caused very
serious radioactive contamination of the region.Thus, the future
of reprocessing is unclear. In France, it appears to persist
because of national pride, much as the Concorde
supersonic-transport program did for decades after it was clear
that it was a commercial failure. Japans reprocessing program is
sustained by not-in-my-backyard (NIMBY) pressures that have made
interim storage of spent fuel politically difficult. The
Japanese nuclear utilities responded by shipping their spent
fuel to France and the United Kingdom to be reprocessed while
Japan built its own reprocessing plant.[22] Japan has plans to
recycle its 41 tons of already separated plutonium into reactor
fuel, but these plans have thus far been set back by a decade as
a result of NIMBY opposition from the local governments that
host the reactors.[23] Russias reprocessing program is a relic
from the Soviet era. The purpose of Indias reprocessing is to
provide plutonium for its breeder-reactor development effort.
That effort may be abandoned as it has been in the United States
and Europe if, as a result of a July agreement between Bush and
Indian Prime Minister Manmohan Singh, India gains access to the
world uranium market, from which it has been excluded because it
is not a party to the nuclear Nonproliferation Treaty.
U.S. power reactors annually discharge about 2,000 tons of spent
fuel containing more than 20 tons of plutonium, or about as much
as is being separated annually worldwide.[24] The spent fuel
already discharged by U.S. reactors contains about 600 tons of
plutonium. In addition to licensing and building reprocessing
plants and MOX fuel fabrication facilities, a comprehensive
recycling program would require that essentially all U.S.
reactors be re-licensed to use MOX fuel. According to the NAS
report, it would take 70 percent of U.S. nuclear capacity 30
years to dispose of just half the plutonium and other
transuranic elements in 62,000 tons of spent LWR
fuelapproximately what the United States will have discharged in
2008.[25] This means that disposing of the transuranics in U.S.
spent fuel would far outlive the current generation of reactors.
Some of the obstacles to such a program are shown by those
encountered in a similar but far less ambitious plan that the
United States and Russia agreed to in 2000. According to that
agreement, beginning in 2007, each country will dispose of 34
tons of excess weapon plutonium at a rate of at least two tons a
year. Each plans to dispose of its plutonium by fabricating it
into MOX fuel and irradiating the fuel in power reactors (see
"Plutonium Disposition Accord Reached"). The ground has not yet
been broken for the proposed fuel-fabrication facilities,
however, and most U.S. nuclear utilities have declined to use
the plutonium fuel because of concerns about licensing
problems.[26]
The difficulties that would be encountered in a more ambitious
effort to fission all the transuranic elements can only be
imagined. Given the history of abandoned nuclear projects,
ranging from nuclear-powered aircraft to plutonium breeder
reactors, it is not difficult to foresee that a
multigenerational project to recycle and fission all the
transuranic elements would be abandoned half completed and the
country would be left with a much more costly radioactive waste
and security problem, including the need to secure hundreds of
additional tons of separated plutonium from theft.
Conclusion
Given the high economic and security costs of reprocessing,
there should be some important reason for Congress to
backwithout serious considerationsuch an intricate proposal,
with its generations of reactors, reprocessing, and fuel
fabrication plants.
The main purpose of the proposal to reprocess U.S. spent fuel
seems to be to allow Congress and the administration an easy way
to avoid the politically divisive problem of deciding either to
expand the capacity of the Yucca Mountain repository or
launching a siting process for additional or alternative
geological storage.[27] Some U.S. nuclear energy advocates also
believe that dealing with the spent fuel problem in a definitive
manner is essential if there is to be a renaissance of nuclear
power in the United States.[28] Yet, there is no technical fix
for the spent fuel problem.
Fortunately, if Congress wants to deal with the problem of
nuclear waste in a thoughtful way, it has time to do so. Spent
fuel can be stored safely and economically for at least 50 years
in dry-cask interim storage. That leaves plenty of time to
clarify the future of nuclear power in the United States and to
explore in an open and systematic manner the Yucca Mountain and
alternative disposition options for the spent fuel discharged by
the current generation of reactors.
Steve Fetter is a professor and dean of the School of Public
Policy at the University of Maryland and Frank N. von Hippel is
a professor of public and international affairs at Princeton
University.
ENDNOTES
1. House Committee on Appropriations, Energy and Water
Development Appropriations Bill, 2006, 109th Cong., 1st sess.,
2005, H. Rep. 86.
2. Congressional Record (May 24, 2005): H3859.
3. Nuclear Waste Policy Act of 1982, sec. 114d.
4. Ibid., sec. 161.
5. Panel on Public Affairs, American Physical Society, Nuclear
Power and Proliferation Resistance: Securing Benefits, Limiting
Risk, May 2005, pp. 20, 22. The authors were among the nine
authors of this report.
6. J-M. Charpin, B. Dessus, and R. Pellat, Economic Forecast
Study of the Nuclear Power Option, Paris, July 2000.
7. Based on New Nuclear Policy-Planning Council, Japan Atomic
Energy Commission, Interim Report Concerning the Nuclear Fuel
Cycle Policy, November 2004.
8. Massachusetts Institute of Technology (MIT), The Future of
Nuclear Power, 2003; Matthew Bunn et al., The Economics of
Reprocessing Versus Direct Disposal of Spent Nuclear Fuel (
Cambridge, MA: Harvard University, 2003); The Economic Future of
Nuclear Power ( Chicago: University of Chicago, August 2004).
9. Computed using assumptions that are favorable to
reprocessing, including a 50 percent reduction in base-case
waste-disposal costs.
10. Assumes a plant throughput of 800 tons of spent fuel per
year for 30 years; an overnight capital cost of $6 billion,
repaid at interest rates appropriate for a regulated private
entity with a guaranteed rate of return; annual operating costs
of $560 million per year; and standard assumptions about
construction time, taxes and insurance, and contingency,
pre-operating, and decommissioning costs. For a
government-financed facility with very low cost, the
corresponding cost would be $1,350 per kilogram. For an
unregulated private venture, the cost would be $3,100 per
kilogram. Economics of Reprocessing Versus Direct Disposal of
Spent Nuclear Fuel, p. 213.
11. Office of Nuclear Energy, U.S. Department of Energy,
Generation IV Roadmap: Report of the Fuel Cycle Crosscut Group,
Washington, DC, March 2001; Accelerator-Driven Systems and Fast
Reactors in Advanced Nuclear Fuel Cycles: A Comparative Study,
OECD/NEA 03109, 2002.
12. With spent fuel in the Yucca Mountain repository, the
temperature of the rock between the tunnels would reach its peak
about 2,000 years after the spent fuel is emplaced. If the
plutonium were recycled in existing power reactors, much of it
would fission, but some would be converted into other
transuranic isotopes that contribute more decay heat in the
first few thousand years.
13. The added complexity associated with the recovery of the
minor transuranics would increase reprocessing costs, and the
costs of fabricating them into fuel also would be greater
because some of them are more radioactive than plutonium.
14. In current-generation power reactors, the chain reaction is
sustained primarily by neutrons that are slowed down by a series
of collisions with the light hydrogen nuclei in the water
between the fuel rods. Such slow neutrons are ineffective in
fissioning some transuranic isotopes. This has generated a new
rationale for introducing the fast-neutron reactors, which were
formerly advocated for plutonium breeding. These reactors likely
would be cooled by a liquid metal such as molten sodium or lead.
Neutrons do not lose much energy when they collide with the
heavy nuclei of these elements.
15. Nuclear Wastes: Technologies for Separation and
Transmutation (National Academy Press, 1996), p. 7.
16. J. Carson Mark et al., Can Terrorists Build Nuclear Weapons?
in Preventing Nuclear Terrorism, eds. Paul Leventhal and Yonah
Alexander (D.C. Heath and Co., 1987), p. 55. French and Japanese
reprocessing advocates have argued for decades that the
reactor-grade plutonium in spent power-reactor fuel is not
weapons usable because the fraction of the undesirable isotope
Pu-240 is larger than in the weapons-grade plutonium that has
been used in weapons programs. To be sure, the yield of a
Nagasaki-type device would be reduced from the equivalent of
20,000 tons of TNT to as low as the equivalent of 1,000 tons of
TNT because of the likelihood of premature initiation of the
chain reaction by neutrons from the spontaneous fission of
Pu-240, but that would still be a devastating explosion. J.
Carson Mark, Explosive Properties of Reactor-Grade Plutonium,
Science & Global Security 4, (1993), p. 111. For countries, more
modern weapon designs are insensitive to pre-initiation.
17. Steve Fetter and Frank von Hippel, The Hazard from Plutonium
Dispersal from Nuclear-Warhead Accidents, Science & Global
Security 2 (1990), p. 21. However, the individual chance of
cancer death among the large exposed population would be only on
the order of 0.1 percent.
18. W. R. Lloyd, M. K. Sheaffer, and W.G. Sutcliffe, Dose Rate
Estimates from Irradiated Light-Water-Reactor Fuel Assemblies in
Air, UCRL-ID-115199, 1994. The IAEA self-protection criterion is
1 Sievert (100 rems) per hour at 1 meter. The median dose for
death within several weeks following exposure is about 5
Sieverts.
19. The primary radiological hazard from plutonium is from the
alpha particles (helium nuclei) that it emits as it decays.
These emissions can be blocked by a thin container but also make
inhaled plutonium-oxide particles very dangerous.
20. Jungmin Kang and Frank von Hippel, Limited
Proliferation-Resistance Benefits From Recycling Unseparated
Transuranics and Lanthanides From Light-Water Reactor Spent
Fuel, Science & Global Security (forthcoming).
21. Most power reactors worldwide, and all in the United States
are cooled by ordinary light water, so named to distinguish it
from the heavy water used in a power reactor type developed by
Canada. In heavy water, ordinary hydrogen is replaced by heavy
deuterium, which captures fewer neutrons.
22. The local tax and job benefits from hosting a reprocessing
plant are much greater than those from hosting an interim
spent-fuel storage facility. This appears to have been a
deciding factor for the sparsely populated and economically
depressed Aomori Prefecture. The central government also has
committed that no spent fuel assembly or container of vitrified
high-level reprocessing waste will remain at the plant for more
than 50 years.
23. In 1998, Japan expected that its first MOX fuel would be
loaded into two reactors in 1999. IAEA, INFCIRC/549/Add. 1,
March 31, 1998. In 2004 the two utilities involved did not
expect to load the fuel before 2008. Citizens Nuclear
Information Center, Japanese Power Companies Pluthermal Plans:
Recent Developments, May/June 2004.
24. France reprocessed about 1,050 tons of spent fuel in 2002,
down from a peak of 1,650 tons of heavy metal in 1995. With the
end of foreign contracts, its reprocessing rate is expected to
decline further to about 850 tons per year. The average
reprocessing rate at the United Kingdoms LWR spent fuel
reprocessing plant between 1998 and 2002 was about 700 tons per
year. Japans reprocessing plant is scheduled to come into full
operation at a capacity of 800 tons per year in 2010, the year
that the British plant is scheduled to shut down. Based on its
declarations of civilian plutonium stocks to the IAEA, between
1996 and 2002, Russias reprocessing plant averages less than 200
tons per year. Indias civilian reprocessing plants have a
combined capacity of about 200 tons per year, but the
concentration of plutonium in spent heavy-water-reactor fuel is
about one-third of that in LWR fuel, which is about 1.2 percent
at current burnups.
25. The NAS report estimated 18.6 GWe operating at 100 percent
capacity factor with a full MOX load. Nuclear Wastes:
Technologies for Separation and Transmutation, p. 79. We assume
1/3 core loadings and an average 80 percent capacity factor.
26. More Reactors Needed for Disposition Under Revised Plan, DOE
Says, Nuclear Fuel, March 4, 2002.
27. The MIT study, The Future of Nuclear Power, proposed
consideration of deep borehole storage.
28. Every order for a new power reactor in the United States
since 1974 has been cancelled.
The Arms Control Association is a non-profit, membership-based
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43 Scoop: Scientists Against Spent Nuclear Fuel Reprocessing
Thursday, 8 September 2005, 3:00 pm
Press Release: Arms Control Association
Scientists Say Spent Nuclear Fuel Reprocessing Still
Unnecessary, Uneconomic, and Risky
(Washington, D.C.): Two leading scientists warn in an Arms
Control Today article this month against embracing the
reprocessing of spent nuclear fuel as a solution for dealing
with accumulating stockpiles of U.S. nuclear waste. Nearly three
decades ago, the United States swore off reprocessing because it
cost too much and put plutonium-a key material for building
nuclear weapons-into circulation, leaving it vulnerable to
theft. The authors argue that these rationales remain just as
valid, if not more so, today.
In May, the House of Representatives called on the Department of
Energy to prepare "an integrated spent fuel recycling plan for
implementation beginning in fiscal year 2007,
including…reprocessing." Supporters, led by Rep. David Hobson
(R-Ohio), chairman of the House Appropriations Energy and Water
Development Subcommittee, say the need is imminent. They contend
that, in the absence of reprocessing, the amount of spent fuel
discharged by U.S. power reactors will soon exceed the
legislated storage capacity of a spent fuel repository being
built under Yucca Mountain in Nevada.
Steve Fetter and Frank N. von Hippel, however, point out that
this is not the case. "Reprocessing does not eliminate the need
for a repository, and there is no urgent need for additional
repository capacity," they write. Fetter is a professor and dean
of the School of Public Policy at the University of Maryland and
von Hippel is a professor of public and international affairs at
the Woodrow Wilson School, Princeton University.
The two scientists further maintain that implementing the
proposed reprocessing plan would be far more expensive than
storing the spent fuel. They calculate that reprocessing the
spent fuel for existing U.S. reactors would add roughly $2
billion annually to the cost of U.S. nuclear-generated
electricity. This extra sum would have to be borne by the
ratepayers or taxpayers if the federal government underwrites
the project. In addition, Fetter and von Hippel estimate that
the price of a kilogram of uranium would need to climb 12 times
as high as it is today to make reprocessing cost effective.
Uranium is currently the main material used in fueling U.S.
nuclear reactors. ADVERTISEMENT
Reprocessing would also increase the amount of plutonium
available that terrorists might try to steal. And a U.S. move
toward reprocessing would undercut current efforts to stop the
spread of reprocessing capabilities to additional countries. As
Fetter and von Hippel note, "A continued U.S. stance that
reprocessing is neither necessary nor economic is likely to be
more influential than a policy of 'Do as I say, not as I do.'"
The authors say that lawmakers have "plenty of time" to explore
more viable solutions for disposing of nuclear waste and urge
them against rushing toward reprocessing because it invites more
problems than it fixes.
The full article is available on the Arms Control Association's
website:
http://www.armscontrol.org/act/2005_09/Fetter-VonHippel.asp.
Arms Control Today encourages reprints of its articles with
permission of the Editor.
www.scoop.co.nz
*****************************************************************
44 Scoop: Howard prioritises uranium exports over security
Thursday, 8 September 2005, 3:26 pm
Press Release: Australian Green Party
Howard prioritises uranium exports over global security
The Howard government is set to imperil global security by
promoting The export of uranium to China and India even though
such action undermines the nuclear Non-Proliferation Treaty,
Australian Greens climate change spokesperson Senator Christine
Milne said today.
"The Prime Minister was prepared to commit Australian troops to
the war in Iraq because of the unproven claim of weapons of mass
destruction, yet is prepared to sell uranium to countries with
nuclear weapons programmes," Senator Milne said.
"Labor seems set to abandon nuclear non-proliferation as well and
no one will be happier than those in the board room of BHP
Billiton," Senator Milne said.
The Coalition and Labor voted down Senator Milne's motion today
calling on the government to heed the extensive environmental,
economic and social costs of the Chernobyl nuclear accident and
stop the promotion of nuclear power as a clean and safe energy
option. *
"Federal government ministers are talking up nuclear power
because they know they cannot sustain an argument which says that
nuclear power is not safe in Australia but is safe for the
Indians and the Chinese," Senator Milne said.
Senator Milne was speaking after the release of a report today by
peak environment, physicians and public health groups which sets
out clearly why claims that nuclear power is a solution to
climate change are wrong.
"Nuclear power is neither clean nor cheap, and it cannot make any
serious contribution to reducing greenhouse gas emissions,"
Senator Milne said.
"To seriously address climate change in Australian and
internationally, the federal government needs to abandon its
pursuit of uranium and coal,and focus on proven renewable
technologies and improve energy efficiency.
"The government could start immediately by increasing the
mandatory renewable energy target and shifting the bias in
research funding from coal to clean energy. ADVERTISEMENT
"As long as the government insists on pushing nuclear power as a
solution to climate change it delays the measures we must take to
solve global warming."
* The text of the motion appears overleaf.
Contact: Katrina Willis 0437 587 562 or 02 6277 3063.
Motion defeated by government and Labor senators
That the Senate -
(a) notes the release of the report "Chernobyl's
Legacy: Health, Environmental and Socio-economic impacts", by the
Chernobyl Forum initiated by the International Atomic Energy
Agency;
(b) expresses its concern that -
(i) 4,000 people may die from radiation
exposure from the accident; (ii) about 4,000 cases of thyroid
cancer, mainly in children and adolescents at the time of the
accident, have resulted from contamination; (iii) 100,000
people living in the vicinity of the reactor are still receiving
more than the recommended radiation dose limit; (iv) 784,320
hectares of land have been taken out of agricultural production;
(v) there is still a highly contaminated 30 kilometre zone
around the reactor; (vi) structural elements of the
sarcophagus built to contain the damaged reactor have degraded,
posing a risk of collapse and the release of radioactive dust;
(vii) a plan to dispose of tonnes of high level radioactive
waste at and around Chernobyl has yet to be defined; (viii) the
financial cost of the direct damage, the recovery and mitigation
operations, and indirect economic losses over the two decades
since the accident amounts to hundreds of billions of dollars.
(c) calls on the Government to heed the extensive
environmental, economic and social costs of the Chernobyl nuclear
accident and stop the promotion of nuclear power as a clean and
safe energy option.
*****************************************************************
45 AU ABC: Uranium price hike tipped to lift interest.
08/09/2005. ABC News Online
Last Update: Thursday, September 8, 2005. 3:30pm (AEST)
The continuing rise in the price of uranium has been forecast to
boost investment and exploration.
The Minerals Council has told a Federal Government inquiry
Australia is well placed to capitalise on the growing demand.
Areas just across the South Australian border from Broken Hill
are considered prospective for uranium and Southern Cross
Resources has a deposit ready at Honeymoon, 75 kilometres west
of the city.
The chief executive and chairman, Mark Wheatley, says he can
see lots of money coming from investors.
"We host a lot of existing reserves and projects which have
been dormant for a long time and I think you are going to see
those projects being reinvigorated," he said.
"But I also see new tenements in prospective areas for uranium
are going to be picked up."
Meanwhile, mineral resources export profits have increased by
almost 30 per cent in the last two years to a record $67.4
billion, according to the latest Australian Bureau of
Agricultural and Resource Economics statistics.
Almost 80 per cent of all minerals and energy commodities
recorded a higher export price, including an increase of 43 per
cent for energy minerals.
Metals and related minerals prices increased by 19 per cent.
The boom in demand for Australian products from Asian steel
mills and power plants is being credited for the higher prices
and export volumes.
*****************************************************************
46 Livermore Lab Security Critized
Date: Thu, 08 Sep 2005 17:50:46 -0700
version=3.0.4
X-Spam-filter-host: darwin.ctyme.com - http://www.junkemailfilter.com
Hi, peace and justice colleagues. Here is the latest on the inability to
secure plutonium at Livermore Lab and certain other facilities in the
nuclear weapons complex. My copy of the Valley Times has a beautiful banner
headline across page 3. This version is taken from the San Jose Mercury
News, which is a "sister" paper in the Knight-Ridder chain. Same article,
same author. Read on... --Marylia Kelley
September 3, 2005
Security at labs criticized in report
by Betsy Mason
Knight Ridder
San Jose Mercury News
An independent report is highly critical of security throughout the U.S.
nuclear weapons complex, including Lawrence Livermore Laboratory.
The report, commissioned by the Department of Energy, recommends
consolidating weapons-grade nuclear materials. Though Livermore is not
specifically mentioned, such a move would involve removing plutonium and
highly enriched uranium from the lab.
``Nuclear weapons and special nuclear materials should be consolidated at
fewer, better protected sites and where practical, in underground storage
sites,'' wrote retired Admiral Richard Mies who conducted the security
review.
The report, released Thursday, identifies the isolated Nevada Test Site and
an underground storage site at the Idaho National Laboratory as logical
choices for storing nuclear materials.
Consolidation is not a new idea. The National Nuclear Security
Administration, the semi-autonomous branch of the Department of Energy that
oversees the nuclear weapons complex, discussed the idea of moving the
plutonium from Superblock, Livermore's plutonium facility, to Los Alamos
National Laboratory. And last year, then Secretary of Energy Spencer
Abraham mentioned consolidation of nuclear materials in a speech at the
Savannah Rivers Site in South Carolina.
Mies also notes that several other reports over the years have drawn
similar conclusions, including a draft report from the Secretary of Energy
Advisory Board released in July, but that the Department of Energy still
has no complex-wide consolidation strategy.
``We believe that getting the material out of certain sites where it can't
be protected, Livermore being one, should be top priority,'' said Peter
Stockton of the Project on Government Oversight.
The oversight group released its own report on the weapons complex in May
that pointed out that security forces at Livermore Lab are equipped with
far less lethal and less powerful weapons than other sites with nuclear
materials, because of the lab's proximity to suburban neighborhoods.
A Livermore-based watchdog group, Tri-Valley Communities Against a
Radioactive Environment, has been advocating removal of plutonium from
Lawrence Livermore for decades. ``We believe that plutonium cannot be made
safe here at Livermore,'' said Tri-Valley CARES director Marylia Kelley.
``It is quite vulnerable to an insider threat or a motivated terrorist
attack.''
The Mies report also criticized the Energy Department for lacking a
comprehensive strategic security plan for the weapons complex and for a
``low regard for security -- set in a deeply rooted culture of ingrained
behavior, attitudes and values.''
The National Nuclear Security Administration, established in 1999 to
oversee the nuclear weapons complex, is hampered by a lack of a team
approach, inadequate training, understaffing, and an absence of
accountability, according to the report.
National Nuclear Security Administration Administrator Linton Brooks said
70 percent of Mies' recommendations have already been implemented,
including consolidating security responsibilities under a single office and
identifying protective force skills needed to secure nuclear weapons
facilities.
``Admiral Mies correctly identified a number of institutional concerns that
we have also recognized and have worked to change during the last three
years,'' Brooks said.
About The Mercury News | Mercury News Jobs | About the Real Cities Network
| Terms of Use & Privacy Statement | About Knight Ridder | Copyright | RSS
Feeds
###
Marylia Kelley
Executive Director
Tri-Valley CAREs
(Communities Against a Radioactive Environment)
2582 Old First Street
Livermore, CA USA 94551
- is our web site address. Please visit us
there!
(925) 443-7148 - is our phone
(925) 443-0177 - is our fax
*****************************************************************
47 DOE: Notice of Availability of a Supplement Analysis for
FR Doc 05-17791
[Federal Register: September 8, 2005 (Volume 70, Number 173)]
[Notices] [Page 53353-53355] From the Federal Register Online via
GPO Access [wais.access.gpo.gov] [DOCID:fr08se05-44]
Transportation, Storage, Characterization, and Disposal of
Transuranic Waste Currently Stored at the Battelle West Jefferson
Site Near Columbus, OH AGENCY: Department of Energy.
ACTION: Notice of availability of a Supplement Analysis.
SUMMARY: DOE has prepared a Supplement Analysis (SA) pursuant to
DOE regulations implementing the National Environmental Policy
Act (NEPA) at 10 CFR 1021.314. The SA addresses DOE's proposal to
ship approximately 37 cubic meters (1,307 cubic feet [ft\3\]) of
transuranic (TRU) waste from the Battelle Columbus Laboratory
West Jefferson site near Columbus, Ohio, to the Savannah River
Site (SRS), a DOE site near Aiken, South Carolina, or to Waste
Control Specialists, LLC (WCS), a commercial facility in Andrews,
Texas. The waste was generated as part of the cleanup of the West
Jefferson site and consists of approximately 12 cubic meters of
Contact Handled (CH) TRU waste and approximately 25 cubic meters
of Remote Handled (RH) TRU waste. For purposes of analysis, DOE
assumed that at SRS, the CH-TRU waste would be characterized and
transported to WIPP for disposal, and the RH-TRU waste would be
stored for up to 5 years; at WCS, the CH-TRU and RH-TRU waste
would be stored for up to 5 years. The waste would be maintained
in a safe, secure manner until it can be processed and disposed
of at the Waste Isolation Pilot Plant (WIPP) near Carlsbad, NM.
The Battelle West Jefferson facility is privately owned; however,
as part of the closeout of its nuclear materials research
contract, DOE is assisting in the remediation of the site.
Contract terms specify that all radioactive waste generated
during the facility cleanup is ``DOE-owned'' for the purposes of
disposal. The TRU waste must be shipped off-site by December 31,
2005, as Battelle's Nuclear Regulatory Commission (NRC) license
will expire at that time.
In the final Waste Management Programmatic Environmental Impact
Statement (WM PEIS, DOE/EIS-0200, May 1997), DOE analyzed the
potential environmental impacts of the management (treatment and
storage) of TRU waste at DOE sites. The Record of Decision for
the Department of Energy's Waste Management Program: Treatment
and Storage of Transuranic Waste (63 FR 3629 (1998)) (TRU Waste
ROD) documented DOE's decision that, except for the Sandia
National Laboratory, which would ship its waste to Los Alamos
National Laboratory, each DOE site that generated or will
generate TRU waste will prepare and store its TRU waste on the
site until it can be disposed of at WIPP. DOE noted that in the
future, it may decide to ship TRU waste from sites where it may
be impractical to prepare the waste for disposal to sites where
DOE has or will have the necessary capability. The sites that
could receive such shipments of TRU waste are the Idaho National
Laboratory near Idaho Falls, Idaho; the Oak Ridge Reservation,
near Oak Ridge, Tennessee; SRS; and the Hanford site, near
Richland, Washington.
Based on the SA, DOE has determined that a supplement to the WM
PEIS or a new EIS is not needed. DOE plans to issue an amended
Record of Decision (ROD) under the Waste Management Programmatic
Environmental Impact Statement (WM PEIS) for this waste no sooner
than 30 days from the publication of this Notice.
DATES: DOE will consider all public comments on this matter
submitted by October 11, 2005 before issuing a ROD.
ADDRESSES: Comments should be directed to: Mr. Harold Johnson,
Carlsbad Field Office, U.S. Department of Energy, 4021 National
Parks Highway, Carlsbad, NM 88220, Telephone: 505-234-7349,
E-mail:
harold.johnson@wipp.ws. FOR FURTHER INFORMATION CONTACT: Copies
of the Supplement Analysis for Transportation, Storage,
Characterization, and Disposal of Transuranic Waste Currently
Stored at the Battelle West Jefferson Site near Columbus, Ohio
(DOE/EIS-0200-SA-02) will be available on DOE's Office of
Environmental Management Web site at: http://www.em.doe.gov and
on DOE's NEPA Web site at
http://www.eh.doe.gov/nepa/whatsnew/html. To To request printed
copies of this document, please write or call: The Center for
Environmental Management Information, P.O. Box 23769, Washington,
DC 20026-3769, Telephone: 1-800-736-3282 (in Washington, DC:
202-863-5084).
For further information regarding the storage characterization,
and disposal of Battelle West Jefferson TRU waste, contact: Mr.
Harold Johnson, Carlsbad Field Office, U.S. Department of Energy,
4021 National Parks Highway, Carlsbad, NM 88220, Telephone:
505-234-7349.
For further information on the DOE program for the management of
TRU waste, contact: Ms. Lynne Smith, WIPP Office EM-13, Office of
Environmental Management, U.S. Department of Energy, 19001
Germantown Road, Germantown, MD 20874, Telephone: 301-903-6828.
For information on DOE's NEPA process, contact: Ms. Carol
Borgstrom, Director, Office of NEPA Policy and Compliance, EH-42,
U.S. Department of Energy, 1000 Independence Avenue, SW.,
Washington, DC 20585, Telephone 202-586-4600, or leave a message
at 1-800-472-2756.
SUPPLEMENTARY INFORMATION: The U.S. Department of Energy (DOE) is
responsible for the disposal of approximately 37 cubic meters
(m3) (1,307 cubic feet [ft\3\]) of transuranic (TRU) waste
generated as part of the cleanup of the Battelle Columbus
Laboratory West Jefferson site near Columbus, Ohio, and currently
stored on-site. TRU waste is waste that contains alpha
particle-emitting radionuclides with atomic numbers greater than
uranium (92) and half-lives greater than 20 years in
concentrations greater than 100 nanocuries per gram of waste.
TRU waste is categorized as either contact handled (CH) or remote
handled (RH), based on the radiation level at the
[[Page 53354]] surface of the waste container. Some TRU waste is
also mixed waste, having both radioactive and hazardous
components.
The Battelle West Jefferson facility is privately owned; however,
as part of the closeout of its nuclear materials research
contract, DOE is assisting in the remediation of the site.
Contract terms specify that all radioactive waste generated
during the facility cleanup is ``DOE-owned'' for the purposes of
disposal. DOE needs to ship the TRU waste off-site by December
31, 2005, to comply with Battelle's Nuclear Regulatory Commission
(NRC) license, which will expire at that time. Removal of the TRU
waste from the Battelle West Jefferson site is also required to
allow site closure in fiscal year (FY) 2006.
In the Waste Management Programmatic Environmental Impact
Statement (WM PEIS), DOE analyzed the potential environmental
impacts of the management (treatment and storage) of TRU waste at
DOE sites.
The Record of Decision for the Department of Energy's Waste
Management Program: Treatment and Storage of Transuranic Waste
(63 FR 3629 (1998)) (TRU Waste ROD) documented DOE's decision
that, with the exception of the Sandia National Laboratory, which
would send its waste to Los Alamos National Laboratory, each DOE
site that has generated or will generate TRU waste will prepare
and store its TRU waste on the site, pending disposal at WIPP.
In an amended WM PEIS TRU Waste ROD issued in 2002, DOE decided
to ship the Battelle West Jefferson TRU waste to the Hanford Site
for storage and characterization prior to disposal at the Waste
Isolation Pilot Plant (WIPP), located near Carlsbad, New Mexico
[67 FR 56989 (2002)]. After issuing that decision, DOE completed
three shipments of the Battelle West Jefferson TRU waste to
Hanford (approximately 5 m\3\ [177 ft\3\]). In March 2003, DOE
suspended further shipments of this TRU waste to Hanford, and
subsequently a preliminary injunction stopping further shipments
of TRU waste to Hanford was issued by the U.S. District Court for
the Eastern District of Washington in response to actions filed
by the State of Washington and Columbia Riverkeeper.
Shipments of TRU waste to Hanford for storage and
characterization prior to disposal at WIPP remained suspended
pending completion of the Hanford Solid (Radioactive and
Hazardous) Waste Program Environmental Impact Statement (Hanford
Solid Waste EIS) (DOE 2004a) and lifting of the preliminary
injunction. The Hanford Solid Waste EIS was completed in January
2004, and a Record of Decision (ROD) was issued in June 2004.\1\
On May 13, 2005, the district court issued a decision allowing
the shipment of non-mixed TRU waste from the Battelle West
Jefferson site to Hanford. However, the court has retained a
preliminary injunction against off site shipments of mixed TRU to
Hanford.
-----------------------------------------------------------------
---------- \1\ Record of Decision for the Solid Waste Program,
Hanford Site, Richland, Washington: Storage and Treatment of
Low-Level Waste and Mixed Low-Level Waste; Disposal of Low-Level
Waste and Mixed Low-Level Waste; and Storage, Processing, and
Certification of Transuranic Waste for Shipment to the Waste
Isolation Pilot Plant, 69 FR 39449 (2004) (Hanford Solid Waste
ROD).
Although shipment of non-mixed TRU waste to Hanford is no longer
enjoined, DOE has discovered information that calls into question
the accuracy of some of the analyses contained in the Hanford
Solid Waste EIS. Until these questions can be addressed, DOE has
decided not to ship additional waste from Battelle West Jefferson
to Hanford. Nevertheless, by the end of 2005, DOE needs to ship
all Battelle West Jefferson TRU waste to off-site storage so that
Battelle can comply with its NRC license and site closure can
occur in FY 2006.
DOE is now proposing to ship the Battelle West Jefferson TRU
waste to the Savannah River Site (SRS), a DOE site near Aiken,
South Carolina, or to Waste Control Specialists, LLC (WCS), a
commercial facility in Andrews, Texas. For purposes of analysis,
at SRS, the CH- TRU waste would be characterized and transported
to WIPP for disposal, and the RH-TRU waste would be stored for up
to 5 years pending ultimate disposal at WIPP. At WCS, the CH- and
RH-TRU waste would be stored for up to 5 years pending ultimate
disposal at WIPP.
DOE has a Hazardous Waste Facility Permit modification request
pending before the New Mexico Environment Department that seeks
to modify the characterization requirements for CH-TRU waste,
apply those modified requirements to RH-TRU waste, and allow DOE
to dispose of RH- TRU waste at WIPP. If DOE's request is granted
without substantial modification, it may be possible to
characterize the Battelle West Jefferson waste based on knowledge
of the contents of the waste, without performing sampling and
analysis currently required for CH-TRU waste under the WIPP
Hazardous Waste Facility Permit. If characterization can be
performed without additional sampling and analysis, DOE would
ship the stored waste directly from SRS or WCS to WIPP.
If the WIPP TRU waste characterization requirements that are
established by the hazardous waste facility permit modification
cannot be met at SRS or WCS, then DOE would ship the waste from
SRS or WCS to Hanford, Idaho National Laboratory (INL) (formerly
known as the Idaho National Engineering and Environmental
Laboratory), or Oak Ridge National Laboratory (ORNL) for
characterization prior to shipment to WIPP for disposal. If SRS
can meet the characterization requirements, but WCS cannot, the
waste might also be shipped from WCS to SRS for characterization
prior to shipment to WIPP for disposal.
Future decisions regarding where to characterize the Battelle
West Jefferson TRU waste would be made based on (1) consideration
of the characterization requirements that are eventually
established for that waste, and (2) the characterization
capabilities existing or to be established at the different DOE
sites to meet those requirements. After TRU waste
characterization requirements have been established, if
additional characterization were needed, DOE would conduct
appropriate further National Environmental Policy Act (NEPA)
review, for any additional characterization activities if
necessary, including the associated transportation and shipment
of the TRU waste to WIPP for disposal.
DOE has prepared the SA in accordance with DOE NEPA regulations
(10 CFR 1021.314) to determine whether the proposed shipment of
the Battelle West Jefferson TRU waste for storage at SRS or WCS
prior to disposal at WIPP is a substantial change to the proposal
or whether there are significant new circumstances or
information, relevant to environmental concerns, such that a
supplement to the WM PEIS or a new EIS would be needed. DOE has
concluded, based on the analysis in the SA that the impacts of
shipping the waste to WCS or SRS would be very small and would
not add significantly to impacts reported in prior NEPA analyses.
Accordingly, DOE has determined that a supplement to the WM- PEIS
or a new EIS is not needed.
DOE plans to issue an amended ROD under the WM PEIS for this
waste no sooner than 30 days from the publication of this Notice.
DOE will consider all public comments on this matter submitted by
October 11, 2005 before issuing a ROD.
[[Page 53355]] Issued in Washington, DC, September 1, 2005.
James A. Rispoli, Assistant Secretary for Environmental
Management.
[FR Doc. 05-17791 Filed 9-7-05; 8:45 am] BILLING CODE 6450-01-P
*****************************************************************
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