***************************************************************** 11/10/05 **** RADIATION BULLETIN(RADBULL) **** VOL 13.262 ***************************************************************** RADBULL IS PRODUCED BY THE ABALONE ALLIANCE CLEARINGHOUSE ***************************************************************** Send News Stories to news@energy-net.org with title on subject line and first line of body NUCLEAR POLICY 1 US: IPS-English MEDIA-US: Controversial WMD Reporter and NY Times 2 BBC: UN warns on Iraq environment fate 3 Guardian Unlimited: U.S., Europe Ready to Compromise With Iran 4 Guardian Unlimited: Iran close to nuclear deal 5 Guardian Unlimited: U.S., Europe Agree to Compromise With Iran 6 AFP: US and Europe to offer new nuclear proposal to Iran- report - 7 IRNA: Bushehr power station to be implemented - Moscow - 8 [NYTr] Smooth Start to Korean Nuke Talks 9 Guardian Unlimited: N.Korea Claims U.S. Undermining Nuke Talks 10 Guardian Unlimited: Six-Party Talks on North Korea Turn Sour 11 Guardian Unlimited: World Latest | N. Korean Criticism Casts Pall Ov 12 US: White House to 'hit back' at Democrats on WMD 13 Webindia123.com: India gets WNA backing on NPT discrimination NUCLEAR REACTORS 14 US: NRC: NRC Begins Special Inspection of Electrical Problems in Shu 15 Guardian Unlimited: Britain buys into next generation of nuclear pow 16 US: NRC: NRC Considers Clarifications to Requirements for New Reacto 17 Daily Yomiuri: Serial number changed on Mihama N-plant pipe 18 BBC Energy gap: the cultural roots 19 US: NRC: Notice of Issuance of Amendment to Materials License SNM-25 20 US: APP.COM: Nuclear power use helps cushion natural gas price hike 21 US: ABC: Southern Nuclear finds discrepancy at Georgia plant - 22 US: LA Weekly: Features: Green to the Core? — Part 2 23 US: LA Weekly: Features: Green to the Core? — Part 1 24 US: courant.com: Energy Crunch May Be On Way 25 US: Boston Globe: More cracks found in Vermont Yankee steam dryer - 26 AGI: NUCLEAR: BERLUSCONI, EUROPE NEEDS NEW NUCLEAR PLANTS 27 US: Vermont Guardian: More cracks found in Vermont Yankee dryer NUCLEAR SECURITY 28 VietNamNet Bridge: Australia to help VN ensure radioactive security NUCLEAR SAFETY 29 [DU-WATCH] Has the nuclear catastrophe already arrived? NUCLEAR FUEL CYCLE 30 Guardian Unlimited: U.N. Urges Cleanup of Iraq Waste Sites 31 US: RGJ: Data pours in on mine site, immediate concerns examined 32 RGJ: Reid says funds have been secured for Walker River Basin projec 33 Nevada Appeal: Could nuke waste policy be turning around? 34 US: Bradenton Herald: Residents want case moved 35 US: AP Wire: Pieces of nuclear fuel rods missing at Ga. plant 36 reviewjournal.com: Yucca loses vote on funding 37 US: Las Vegas SUN: Environmentalists up in arms over new mining 38 Las Vegas SUN: Yucca's new boss facing a moving target 39 Forbes: Iraq faces 40 mln usd bill to clean up toxic, radioactive wa 40 US: NRC: Disposal of Radioactive Material by Release Into Sanitary S 41 US: Newsday.com: Diver in Indian Point spent fuel pool finds no leak 42 Berkley: Yucca Budget Cut Shows Growing Lack of Support in Congress 43 Reid: Senator Reid Will Not Oppose utah Wilderness Provision 44 US: AU ABC: Uranium groups urge Qld Govt to change policy - 45 US: AU ABC: Pressure mounts for uranium mining licence. 46 PRN: Southern Nuclear Makes Initial Spent Fuel Notification to U.S. 47 KLASTV.com: Shoshone Tribe Will Try Again to Stop Yucca Waste Dump 48 US: Tribune-Review: Group disputes radioactive ash burial safety 49 US: La Crosse Tribune: Meeting set on nuclear storage transportation 50 US: Guardian Unlimited: Utah Asks Court to Reject Nuclear Dump PEACE US DEPT. OF ENERGY 51 KTVB.COM: U.S. House passes Idaho nuclear lab funding bill 52 DOE: International Energy Agency Meeting ***************************************************************** ***************************************************************** FULL NEWS STORIES ***************************************************************** ***************************************************************** 1 IPS-English MEDIA-US: Controversial WMD Reporter and NY Times Date: Thu, 10 Nov 2005 16:57:36 -0800 ROMAIPS NA HD IC IP BW IK NC=20 MEDIA-US: Controversial WMD Reporter and NY Times Divorce Jim Lobe WASHINGTON, Nov 10 (IPS) - Was she an innocent dupe who was played mercil= essly by exile chieftain Ahmed Chalabi and his neo-conservative and Penta= gon backers who led the march to war with Iraq in March 2003? Or was she a co-conspirator in what former Secretary of State Colin Powel= l's chief of staff Lawrence Wilkerson called a =94cabal=94 that hijacked = U.S. foreign policy in order to transform the Middle East, beginning with= invasion of Iraq? Now that the New York Times and its one-time star weapons of mass destruc= tion (WMD) investigative reporter, Judith Miller, have formally divorced = over what appear to be irreconcilable differences and the threat of a sta= ff insurrection if her byline should ever appear on the pages of the =94G= rey Lady=94 again, that question still hovers over an affair whose lesson= s will be studied in media, journalism and political communications class= es for decades. Miller, who only six weeks ago was released from jail, where she had been= held for 85 days for refusing to testify in a case involving the =94outi= ng=94 of covert Central Intelligence Agency (CIA) officer Valerie Plame, = promised in a =94Farewell=94 printed on the Times' Letters page Thursday = to continue speaking out in her own defence at her Web site -- =94JudithM= iller.org=94. She had chosen to resign, she wrote, =94because over the last few months,= I have become the news, something a New York Times reporter never wants = to be=94. For its part, the Times published a news article reporting that both side= s had reached a severance agreement, details of which were not disclosed. And while the executive editor, Bill Keller, and publisher Arthur Sulzber= ger, Jr. -- whose perceived protection of Miller is widely blamed for the= reluctance of her editors to rein her in over much of the past decade --= issued the appropriate eulogies over her past award-winning work, the ar= ticle also cited a Times spokeswoman as saying, =94it had been made clear= to Ms. Miller that she would not be able to continue as a reporter of an= y kind, not just one covering national security=94. Indeed, that result was presaged two and a half weeks ago when the Times'= Public Editor, Byron Calame, concluded an article entitled =94The Miller= Mess=94 with the observation that =94...the problems will make it diffic= ult for her to return to the paper as a reporter.=94 A similar point was = made in the same Sunday edition by columnist Maureen Dowd in a withering = critique entitled =94Woman of Mass Destruction=94. Miller, of course, was sole or co-author of five of the six big stories a= bout Iraq's alleged WMD programmes published by the Times between late 20= 01 and early 2003. They were subsequently repudiated in a stunning =94Edi= tor's Note=94 published in May 2004, which most observers interpreted as = an oblique apology for having unwittingly contributed to the George W. Bu= sh administration's efforts to rally the public behind war with Iraq. Two front-page stories, both with Miller's byline, were particularly sens= ational. One, published Dec. 20, 2001, was based on an exclusive intervie= w in Thailand with a self-described Iraqi civil engineer, Adnan Ihsan Sae= ed al-Haideri. He described renovations of secret facilities for biologic= al, chemical and nuclear weapons in underground labs located across the c= ountry in private villas and even under the Saddam Hussein Hospital in Ba= ghdad. The second, published on Sep. 7, 2002, coincided precisely (or was precis= ely timed) with the launch of a White House-orchestrated drive to persuad= e the public that it faced a serious nuclear threat from Iraq which had =94= intensifie(d)=94 its efforts to obtain a bomb.=20 The article, which was co-authored by Michael Gordon, described U.S. inte= lligence reports that Saddam Hussein had tried to buy thousands of =94spe= cially designed aluminum tubes=94 whose only use, according to U.S. offic= ials, was for building centrifuges to enrich uranium. The report also cit= ed new defectors who spoke of an expanding chemical weapons programme, in= cluding the deployment of mobile units. Other reports would follow, all based either on assertions by alleged def= ectors or unidentified U.S. officials, and all feeding the notion that Ir= aq was indeed making rapid progress on acquiring and deploying WMD. Immediately after the invasion, Miller was even embedded with a special s= ecret Pentagon unit, called Mobile Exploitation Team (MET) Alpha, whose a= ssignment was to scour Iraq in search of the WMD facilities that she had = written about. Despite its failure to find anything, Miller's breathless = reportage repeatedly suggested imminent success. Miller's reporting had common elements. Her =94defectors=94 were invariab= ly supplied via the Iraqi National Congress (INC) of Ahmad Chalabi, who i= s currently visiting Washington as Iraq's deputy premier. And her unnamed government sources, to the extent the reader could ascert= ain their affiliation, almost never came from the CIA or the State Depart= ment, the two bureaucracies, long considered =94enemies=94 by neo-conserv= atives, whose experts were most sceptical of claims about Iraq's nuclear = programme. =94If your sources are wrong,=94 she later explained, =94you are wrong.=94= But that begged the question of why she did not consult dissenting sourc= es of which there were many. As Dowd noted wryly, =94...(I)nvestigative r= eporting is not stenography.=94 Indeed, based on what is now known, in part due to the Plame case and the= resulting perjury and obstruction of justice indictments of Vice Preside= nt Dick Cheney's chief of staff, I. Lewis Libby, it appears that Miller h= ad fallen in with or confined her sourcing to Chalabi's INC. She also relied on its staunch supporters at the American Enterprise Inst= itute and the Defence Policy Board, and the tight group of neo-conservati= ves and aggressive hawks in the Pentagon and Cheney's office who promoted= it. This network clearly developed its own =94intelligence=94 and sent it fro= m the INC to two special intelligence units set up under then-undersecret= ary of defense Douglas Feith to Cheney's office to the White House. It us= ed the Times, and its reputation for authoritativeness, via Miller, to pl= ace =94facts=94 in the public and media spotlight that would never have s= tood the light of day had they been fully vetted by professional analysts= =2E Indeed, Miller bragged about her close and decade-long relationship with = Chalabi in an email message to her editors obtained by The Washington Pos= t. During her controversial =94embed=94 with MET-Alpha, she also repeated= ly =94intimidated=94 soldiers by threatening to complain directly to Feit= h or Pentagon chief Donald Rumsfeld himself. In one case, the Post reported that she arranged the surrender to the uni= t of a scientist who had been held by the INC. And in an echo of her repu= tation for =94sharp elbows=94 and defiance of editors in her 28-year Time= s career, she happily adopted the name =94Miss Run Amok=94 in the newsroo= m. She turned the unit into the =94Judith Miller team=94, a =94rogue operati= on=94 working in close cooperation with Chalabi, according to an officers= quoted by the Post. Similarly, her =94entanglement=94 with Libby, as Keller once put it, sugg= ested that she was particularly close to the hawks and seen by them as a = reliable conduit to the media. Libby told Miller about Plame's identity t= wo weeks before he told any other reporter. Although she never wrote abou= t the case, she promised that the information he provided would be attrib= uted to a =94former Hill staffer=94 -- an attribution so misleading that = most media watchdogs have called it unethical. The question remains, however, whether she was duped or whether she was a= knowing co-conspirator. Miller herself insists that she is not a =94neo-= conservative=94 but holds generally =94centrist=94 views on the Middle Ea= st where she served for a number of years. In her defence, one highly regarded expert, University of Michigan Middle= East historian Juan Cole, has noted that her reporting on the Israeli-Pa= lestinian conflict -- a litmus test for the strongly pro-Likud neo-conser= vatives -- has been relatively balanced by U.S. media standards. In addition, her eventual testimony in the Plame case was particularly da= maging to Libby and probably sealed his indictment, as well as still grow= ing calls for a wider investigation of what critics see as the =94cabal=94= that brought the country to war in Iraq. On the other hand, Miller's previous associations with the staunchly neo-= conservative and harshly anti-Arab Middle East Forum (MEF), as well as he= r brief listing with Benador & Associates, a publicity firm whose clients= consisted exclusively of prominent neo-conservatives at the time, sugges= t a stronger ideological commitment. And her failure to seek out sources beyond those being provided by the IN= C, the Pentagon and Cheney's office also no doubt speaks a certain confid= ence and likemindedness. In any event, this should have been -- but wasn'= t -- countered if not by a healthy curiosity and scepticism, than by stro= ng editorial intervention that the Times clearly failed to provide. It is most likely, as noted in an insightful and not unsympathetic profil= e in the Post's Style section Thursday, that Miller may have been some co= mbination of credulous and willing, particularly given long-held fears of= Saddam Hussein, in particular. Her experiences reporting in Iraq dating back to the 1980's, including he= r having allegedly been told that she was on a =94very short list of writ= ers who are considered the regime's 'eternal enemies,'=94 =94made me fear= ful of Saddam Hussein,=94 she told the Post. Such a highly subjective state of mind would account for Miller's convict= ion that what she was been told by Chalabi and government officials like = Libby was the actual truth, as Walter Lippmann, the most influential news= paperman of the 20th century, wrote about the =94disast(rous)=94 reportin= g by the Times about the Bolshevik Revolution in Russia and its reliance = on exile sources and government officials between 1917 and 1920. =94In the large, the news about Russia is a case of seeing not what was, = but what men wished to see ...(T)he chief censor and chief propagandist w= ere hope and fear in the minds of reporters and editors.=94 Such subjecti= ve reasons led to =94boundless credulity and an untiring readiness to be = gulled.=94 That was nearly 100 years ago. ***** +POLITICS-US: Cheney Circles the Wagons (http://ipsnews.net/news.asp?idne= ws=3D30848) (END/IPS/NA/IP/HD/IC/IK/BW/NC/JL/KS/05) =20 =3D 11110149 ORP004 NNNN ***************************************************************** 2 BBC: UN warns on Iraq environment fate Last Updated: Thursday, 10 November 2005 [Hazardous waste at al-Qadissya (Pic: Unep)] Inspectors found much of the waste rotting and abandoned Derelict factories, military scrapyards and battle sites across Iraq pose a threat to the environment and to public health, the United Nations has said. The UN Environment Program has trained Iraqi specialists in detoxification, but says any clean-up could cost up to $40m (Ł23m). Chemical spills, unsecured hazardous material and widespread pollution by depleted uranium are among the issues. Without clean-up, heavy metals can poison ground water, causing illness. The Unep has examined five sites as part of its training efforts, and is concerned by the results. "There are hundreds, probably thousands of other sites with the need of assessment," said Mural Thummarukudy, Unep's manager in Iraq, who appealed for donations. String of wars Among the five sites already probed are a metal plating facility at al-Qadyissa that was bombed, looted and then demolished in 2003. [Alla Saleem in 2001] Alla Saleem developed an eye tumour linked to depleted uranium (Pic: 2001) Several tons of cyanide remain on the site, which is now an unsecured area used as a playground by local children. The other sites include an old sulphur mine, a munitions factory containing unexploded ordnance and an abandoned petrochemicals plant. Narmin Othman, Iraq's environment minister, said that some 311 sites were polluted by depleted uranium, the Associated Press reported. Many of Iraq's potential danger spots were either damaged or destroyed during the Iran-Iraq war of the 1980s, the 1991 Gulf war or the US-led invasion in 2003. In addition, many of the sites have been looted in recent years as insurgents and militias raid them for weapons and materiel, with little thought for potential environmental effects. ***************************************************************** 3 Guardian Unlimited: U.S., Europe Ready to Compromise With Iran From the Associated Press [UP] Thursday November 10, 2005 1:31 PM By GEORGE JAHN Associated Press Writer VIENNA, Austria (AP) - The United States and Europe are ready to compromise with Iran over its nuclear program and have tentatively approved a plan that would allow it to make the gas used in producing enriched uranium, senior officials and diplomats said Thursday. The officials and diplomats, who demanded anonymity in exchange for discussing the strategy, said the plan would allow Iran to convert raw uranium into the gas that is spun by centrifuges into enriched uranium. But the actual enrichment would take place in Russia, they told The Associated Press. Depending on its level, enrichment can be used to generate energy or make nuclear weapons. Iran insists it is interested in the technology only to produce power, but the United States and many other countries fear Tehran wants to enrich uranium to weapons-grade levels to use as the fissile core in warheads. Iran has refused to bow to international demands that it renounce its right to enrichment and related activities and in August resumed the uranium conversion process. That prompted Britain, France and Germany to break off talks with Tehran meant to dispel fears about its nuclear agenda. It also led a September meeting of the International Atomic Energy Agency's 35-nation board to approve a resolution clearing the path for Iran's referral to the U.N. Security Council at a Nov. 24 board meeting. Iran is the focus of an IAEA probe of nearly 18 years of covert nuclear activities, including experiments that could be used in weapons development, that were revealed more than three years ago. It recently agreed to accelerate cooperation with IAEA inspectors to blunt the threat of Security Council action. Publicly, both the Americans and the three European nations representing the European Union in the talks have insisted that Iran needed to stop all enrichment-related activity - including uranium conversion - to defuse the threat of Security Council referral. But a senior European official told the AP Thursday that the EU-Three and Washington were now prepared to allow Iran to continue conversion as long as the gas produced was shipped to Russia and enriched there. That would allow international control over the level of enrichment, ensuring that it was below the levels that can be used for weapons. A diplomat close to the IAEA confirmed the change in strategy but refused to elaborate. IAEA spokeswoman Melissa Fleming said agency chief Mohamed ElBaradei ``supports the efforts of the countries that are presently engaged in developing ... a proposal'' acceptable to all, but declined to discuss specifics. The New York Times first reported that the Europeans and Americans had approved the new offer. But the European official told the AP that neither the Americans nor the Europeans were eager to claim the plan as their own. Instead, he and a diplomat said they were looking to the Russians to make such an offer and for ElBaradei to put the initiative to the Iranians. Such a plan would give Washington, Paris, London and Berlin a chance to save diplomatic face after months of saying they would not accept conversion. With both Russia and China - veto-carrying Security Council members - likely to block any punitive action by the Council, it would also allow them to back away from such a threat. The idea of international involvement in Tehran's enrichment plans is not new. Russia had floated the proposal of cooperating with the Iranians months ago, and South Africa also had made similar offers. But both the Europeans and Americans were opposed. And while Iranian officials have suggested internationalizing Tehran's enrichment program, the European official said the Iranians had insisted on keeping all operations in Iran. ``The question is whether the Iranians are prepared to allow for enrichment to happen outside their country - that's a big if,'' he said. In Moscow on Thursday, Nikolai Shingaryov, the spokesman for the Russian Federal Nuclear Energy Agency, said that he was unaware of any new plan to allow Iran to make a precursor of enriched uranium for further enrichment in Russia. He said that Russia in the past had tried to dissuade Iran from pursuing its own enrichment program by offering its services, but that these preliminary contacts had not led anywhere. Russia is already involved in a key part of Iran's nuclear program. It is constructing an US$800 million (euro600 million) nuclear reactor in the Iranian city of Bushehr that is scheduled for launch by the end of 2006 and has committed, under American pressure, to accommodating the spent nuclear fuel Busher produces so that it cannot be turned into weapons-grade material. --- On the Net: www.iaea.org --- Associated Press writer Vladimir Isachenkov contributed to this report from Moscow. Guardian Unlimited © Guardian Newspapers Limited 2005 ***************************************************************** 4 Guardian Unlimited: Iran close to nuclear deal Staff and agencies Thursday November 10, 2005 The European Union and the US have offered Iran a compromise over its nuclear programme, senior diplomats said today. The deal means Tehran can convert raw uranium into a low-level gas that can be enriched to generate electricity in nuclear power stations. Unnamed EU officials told the Associated Press they have approved a plan that would allow Iran to continue raw uranium conversion, but the actual process of enrichment would take place in Russia. If Tehran accepts the deal to send uranium to Russia to be further enriched, it would still be able to use the enriched uranium for fuel purposes, but the threat of building atomic weapons would be reduced. Iran concealed its uranium enrichment programme from the IAEA for 18 years, fuelling fears in the west that it was developing an atomic bomb. Tehran has always denied that it is enriching uranium to be used as atomic weapons and says it needs nuclear power to fuel its expanding demand for electricity. Earlier this week, Iran said it had allowed inspectors from the nuclear watchdog, the International Atomic Energy Agency (IAEA), to tour its facility in Parchin, 20 miles south of Tehran. The US had claimed that Parchin was used to develop explosives that could be used in nuclear weapons. Iran suspended its uranium enrichment programme in November last year and began talks with the EU - represented by Britain, France and Germany - aimed at convincing Iran to use imported low-enriched nuclear fuel for its reactors instead. This was known as the Paris agreement. However, Iran restarted its nuclear programme in August, leading to the collapse of the talks and the threat of being referred to the UN security council for sanctions. Months of political brinkmanship followed. Then, last weekend, Iran sent a letter to the three European nations, calling for renewed talks. Quoted by the semi-official Fars news agency, the letter "assessed the past exchanges and welcomed rational and constructive negotiations in the framework of international regulations". Raw uranium can be converted into hexafluoride gas, which can then be spun by centrifuges into enriched uranium. Enriched uranium is used in nuclear power plants, or can be further enriched to weapons-grade material. [UP] Guardian Unlimited © Guardian Newspapers Limited 2005 ***************************************************************** 5 Guardian Unlimited: U.S., Europe Agree to Compromise With Iran From the Associated Press [UP] Thursday November 10, 2005 10:01 PM AP Photo VAH102 By GEORGE JAHN Associated Press Writer VIENNA, Austria (AP) - The United States and Europe have agreed on a compromise plan to accept expanded nuclear activities by Iran, but only if the enrichment process - a possible pathway to nuclear arms - is moved to Russia, senior officials and diplomats said Thursday. If accepted by Iran, the proposal could end a tug-of-war over whether to refer the Islamic republic to the U.N. Security Council for possible sanctions. The officials and diplomats, who demanded anonymity in exchange for discussing the strategy, said the plan would allow Iran to continue converting raw uranium into the gas that is spun by centrifuges into enriched uranium. But actual enrichment would take place in Russia, they told The Associated Press. Depending on its level, enrichment can be used to generate energy - Iran's stated interest - or make nuclear weapons - something the United States and its allies say Tehran wants to do. Secretary of State Condoleezza Rice expressed hopes that a deal with Iran could be reached over its nuclear program. But she would not confirm that the United States would back the deal with Europe as described by the officials and diplomats. ``There is no U.S.-European proposal to the Iranians,'' Rice said. ``I want to say that categorically. There isn't and there won't be.'' ``We do hope that if there is a way for the Iranians to accept a way forward that would give confidence that they are not in fact trying to seek nuclear weapons under cover of civilian nuclear power that they would take that,'' Rice said. In August, Iran resumed uranium conversion. That prompted Britain, France and Germany to break off talks with Tehran meant to dispel fears about its nuclear agenda. It also led a September meeting of the International Atomic Energy Agency's 35-nation board to approve a resolution clearing the way for Iran's referral to the U.N. Security Council at a Nov. 24 board session. Rice predicted the United States has sufficient support at the IAEA to send Iran before the Security Council for possible sanctions, but a deal ahead of the session later this month could avert a vote. The IAEA is probing nearly 18 years of covert Iranian nuclear activities, including experiments that could be used in weapons development, which were revealed more than three years ago. Tehran recently agreed to accelerate cooperation with IAEA inspectors to blunt the threat of Security Council action. Publicly, the Americans and France, Britain and Germany, which are representing the 25-nation European Union in the talks, have insisted Iran needs to stop all enrichment-related activity - including uranium conversion - to banish the prospect of Security Council referral. But a senior European official told AP the EU and Washington were now prepared to allow Iran to continue conversion as long as the gas produced was shipped to Russia and enriched there. That would allow international control over the level of enrichment, ensuring it was below the levels that can be used for weapons. IAEA chief Mohamed ElBaradei ``supports the efforts of the countries that are presently engaged in developing ... a proposal'' acceptable to all, said Melissa Fleming, a spokeswoman for the Vienna-based agency. She declined to discuss specifics. The New York Times first reported that the Europeans and the Americans had approved the new offer. But the European official emphasized that neither the Americans nor the Europeans were eager to claim the plan as their own. Instead, he and a diplomat told the AP they were looking to the Russians to make such an offer and for ElBaradei to put the initiative to the Iranians. Such a plan would give Washington, Paris, London and Berlin a chance to save diplomatic face after months of saying they would not accept conversion. With both Russia and China - veto-carrying Security Council members - likely to block any punitive action by the council, it would also allow them to back away from such a threat. Russia had floated the proposal of cooperating with the Iranians months ago, and South Africa had made similar offers. But the Europeans and Americans were opposed. And while Iranian officials have suggested internationalizing Tehran's enrichment program, the European official said the Iranians have up to now insisted on keeping all operations in Iran. In Moscow, Nikolai Shingaryov, the spokesman for the Russian Federal Nuclear Energy Agency, said that he was unaware of any new plan to allow Iran to make a precursor of enriched uranium for further enrichment in Russia. --- Associated Press writer Vladimir Isachenkov contributed to this report from Moscow. --- On the Net: http://www.iaea.org Guardian Unlimited © Guardian Newspapers Limited 2005 ***************************************************************** 6 AFP: US and Europe to offer new nuclear proposal to Iran- report - Thu Nov 10, 3:50 AM ET WASHINGTON (AFP) - Washington, London, Paris, and Berlin will make a new offer to Iran to avoid a confrontation over its suspected nuclear weapons program, The New York Times said quoting US and European officials. The proposal would let Iran conduct very limited nuclear activities on its territory, but would have it move all uranium enrichment processes to Russia, the officials said. The offer was discussed at a meeting here Tuesday between US Secretary of State Condoleezza Rice " /> Condoleezza Riceand International Atomic Energy Agency " /> International Atomic Energy AgencyDirector General Mohamed ElBaradei, who has agreed to present it to the Iranians, they added. Rice, according to the officials, urged that Iran be given a two-week deadline for its response, which should come before the IAEA board meets on November 24. Iran has resisted international pressure to give up its uranium enrichment program, insisting it is intended for peaceful purposes only and not for making nuclear weapons, which the United States suspects the Islamic nation is seeking to develop. On September 24, the IAEA passed a British-French-German resolution stating, for the first time since the IAEA began investigating Iran in February 2003, that Tehran was in "non-compliance" with the nuclear Non-Proliferation Treaty (NPT), mainly for hiding sensitive atomic activities for almost two decades. A finding of non-compliance is an automatic trigger for taking the matter to the Security Council, which can impose sanctions, but could be difficult to implement because it lacks support from Russia and China, who have veto power on the Council. The Times said the new proposal would allow Iran to continue converting uranium into a gaseous form, known as UF6, but would have it shipped to Russia to be enriched for use in nuclear reactors. Rice and ElBaradei talked about letting Iran take a financial stake in an enrichment facility in Russia, who in turn would ensure that the uranium sent back to Iran would not be usable in a weapon, the officials told the newspaper. The move would give Iran a face-saving way out of the standoff because it could argue that it has not given up what it contends is its right under the NTP to enrich uranium, but has simply chosen to do it at a foreign facility, officials said. The offer, however, has "deeply divided" the US administration, the daily said. "The problem with this offer is that if the Iranians have a secret enrichment plant someplace that we don't know about, we're leaving them with the raw material they need," said a senior American official who contends that the new proposal is flawed. "But the thinking was that the West has to show we are willing to break the logjam," added the official who was not identified. Another senior official involved in developing the proposal -- the daily did not say whether he was American or European -- was pessimistic about Iran's response. "Our expectations are low that the Iranians will accept," the official said. Copyright © 2005 Yahoo! Inc. All rights reserved. ***************************************************************** 7 IRNA: Bushehr power station to be implemented - Moscow - Moscow, Nov 10, IRNA Iran-Nuclear Power Station-Russia Spokesman for the Russian Atomic Energy Agency Nikolai Shingarev said here Thursday that the project on Bushehr Nuclear Power Station is currently underway and is expected be completed on schedule. Speaking to IRNA in an exclusive interview, he added that Bushehr Power Station is being constructed by the Russian enterprise, Energo Export, a contractor of Russia's nuclear power stations overseas. Shingarev noted that the construction process of the project is supervised by the Russian Atomic Energy Agency and that there is no obstacle to its implementation. Concerning Russia's proposal on uranium enrichment and the nuclear fuel cycle, he said that for the time being he is not in a position to elaborate on the issue. Turning to the Wednesday remarks of the British Foreign Secretary Jack Straw concerning Europe's reluctance to refer Iran's nuclear dossier to the United Nations Security Council (UNSC), he said, "It is up to the Foreign Ministry to make decision in this respect. It has repeatedly declared that there is no reason for referral of the case to the UNSC. About the possible date of the visit to Tehran of the Head of Russia's Atomic Energy Agency, Alexander Rumyantsev, he said that he would certainly visit Iran either at the end of the current year or early next year. The political circles in Russia's capital of Moscow have recently released reports on the country's proposed nuclear fuel cycle to Iran. ***************************************************************** 8 [NYTr] Smooth Start to Korean Nuke Talks Date: Thu, 10 Nov 2005 16:35:23 -0600 (CST) Via NY Transfer News Collective * All the News that Doesn't Fit Prensa Latina, Havana http://www.plenglish.com Smooth Start to Korean Nuke Talks Beijing, Nov 10 (Prensa Latina) Without much expectation over a final resolution of the Korea nuclear issue at this time, the six-party talks had a smooth start here, thus conveying a positive sign for further progress. "This is the first time the six parties start a new round of talks as scheduled," said Zhu Feng, an international relations professor at elite Beijing University. "The fact itself demonstrates that the negotiation process is actually speeding up," the academic was quoted as saying Thursday by Xinhua. The fifth round of six-party talks, which involve China, the Democratic People's Republic of Korea (DPRK), the Unites States, the Republic of Korea (ROK), Russia and Japan, started Wednesday morning at the Diaoyutai State Guesthouse in Beijing. Chinese chief negotiator Wu Dawei said at the opening session that the main task of the new round is "to outline details, ways and procedures for the implementation of the joint statement adopted in September." The task should be fulfilled in line with the principle of "commitment to commitment and action to action," said Wu Dawei, also China's vice foreign minister. At the previous talks, the six parties reached their first-ever joint statement, in which the DPRK agreed to abandon all its nuclear weapons and existing nuclear programs in exchange for energy aid and security guarantees, especially from the US. mh * ================================================================ .NY Transfer News Collective * A Service of Blythe Systems . Since 1985 - Information for the Rest of Us . .339 Lafayette St., New York, NY 10012 http://www.blythe.org .List Archives: https://olm.blythe-systems.com/pipermail/nytr/ .Subscribe: https://olm.blythe-systems.com/mailman/listinfo/nytr ================================================================ ***************************************************************** 9 Guardian Unlimited: N.Korea Claims U.S. Undermining Nuke Talks From the Associated Press [UP] Thursday November 10, 2005 11:46 AM AP Photo TOK206 By KWANG-TAE KIM Associated Press Writer BEIJING (AP) - Talks on North Korea's nuclear programs turned sour Thursday as Pyongyang demanded that Washington release frozen assets of firms suspected of weapons proliferation and stop accusing the North of counterfeiting U.S. money, South Korean news reports said. North Korean delegates accused the United States of undermining an agreement in September, when Pyongyang pledged to disarm in exchange for aid and security guarantees, the South's Yonhap news agency reported, citing unnamed officials. The North Koreans also voiced displeasure over President Bush's reference to a tyrant in North Korea - widely seen as a slap at the North's leader, Kim Jong Il, Yonhap said. The disputes cast a pall over the talks between the two Koreas, the United States, China, Japan and Russia. South Korean officials told Yonhap that progress had become difficult. Diplomats say talks this week - the fifth in a series - are meant to focus on the contentious details of how the North would disarm, how it would be verified and what Pyongyang would get in return. Washington and Seoul were pressing the North on Thursday to suspend nuclear development after the U.S. envoy, Assistant Secretary of State Christopher Hill, accused Pyongyang of operating a reactor that produces plutonium - a fuel for bombs. ``The continued (operation) of nuclear facilities has to be suspended,'' said South Korean Deputy Foreign Minister Song Min-soon. During the talks Thursday, South Korean diplomats proposed what their government calls a roadmap to disarmament. ``We spelled out what kinds of steps are needed to advance the implementation plan,'' Song said. He declined to give any details of the steps or confirm reports of North Korea's new demands. Yonhap said one measure being considered was for the North to suspend operation of the Yongbyon reactor and plutonium reprocessing if Washington lifts some sanctions, including its designation of Pyongyang as a terrorism sponsor. The North's reported demands Thursday referred to sanctions imposed by Washington on eight North Korean companies accused of being fronts for sales of missiles and nuclear and biological weapons. The companies are barred from doing business with U.S. citizens or companies, and any of their assets under U.S. jurisdiction are frozen. Washington also accuses the North of producing high-quality counterfeits of $100 bills. China says it expected this week's talks to run until Friday, then recess to let diplomats attend a mid-November Asia-Pacific economic conference in South Korea. The two years of talks have proceeded slowly, fitfully and amid deep distrust. North Korea refuses to disarm completely without getting concessions along the way, while Washington wants to see the weapons programs dismantled before granting rewards. The United States has rejected North Korea's demand to be given a civilian nuclear reactor until it returns to the international Nuclear Non-Proliferation Treaty and accepts safeguards from the International Atomic Energy Agency. ``I don't think we are here now to make a roadmap,'' Hill said. ``We only have a three-day session, so essentially we are just gathering ideas and having an opportunity to discuss the ideas but we are not trying to come to any final decisions.'' Guardian Unlimited © Guardian Newspapers Limited 2005 ***************************************************************** 10 Guardian Unlimited: Six-Party Talks on North Korea Turn Sour From the Associated Press [UP] Thursday November 10, 2005 3:46 PM AP Photo XLEE102 By KWANG-TAE KIM Associated Press Writer BEIJING (AP) - Talks on North Korea's nuclear programs turned sour Thursday as Pyongyang demanded that Washington lift sanctions against firms suspected of weapons proliferation and stop accusing the North of counterfeiting U.S. money, news reports said. North Korean delegates accused the United States of undermining a September agreement in which Pyongyang pledged to disarm in exchange for aid and security guarantees, the South's Yonhap news agency reported, citing unidentified officials. The North also voiced displeasure over President Bush's reference to a ``tyrant'' in North Korea - widely seen as a slap at its leader, Kim Jong Il, Yonhap said. The disputes cast a pall over the talks between the two Koreas, the United States, China, Japan and Russia. South Korean officials told Yonhap that progress had become difficult. The U.S. negotiator, Assistant Secretary of State Christopher Hill, said the demands fell beyond the scope of the six-party talks. ``They made clear that they are not happy,'' Hill said late Thursday. ``But I made very clear that I don't do financial sector regulations.'' Washington imposed sanctions in October on eight North Korean companies accused of acting as fronts for sales of banned missile, nuclear or bioweapons technology. The order froze any assets in areas under U.S. jurisdiction, but it wasn't clear whether that had any impact because the United States bans trade with North Korea. The United States also accuses North Korea of producing high-quality counterfeit $100 bills known as ``supernotes.'' Diplomats say the talks this week - the fifth in a series - are meant to focus on contentious details of how the North would verifiably disarm, and what it would get in return. Washington and Seoul were pressing the North to suspend nuclear development after Hill accused Pyongyang of operating a reactor that produces plutonium - a fuel for bombs. ``The continued (operation) of nuclear facilities has to be suspended,'' said South Korean Deputy Foreign Minister Song Min-soon. Hill accused the North of continuing to operate the Yongbyon reactor despite a Sept. 19 pledge to give up nuclear development. ``Every day that goes on, the amount of plutonium theoretically can increase, so that's our concern,'' Hill said. ``That means that we have a bigger problem than when we ended on Sept. 19. And I think the time to stop reprocessing, the time to stop that reactor, is now.'' South Korean diplomats proposed what their government calls a roadmap to disarmament. ``We spelled out what kinds of steps are needed to advance the implementation plan,'' Song said. He declined to give details or confirm reports of the North's new demands. Yonhap said one measure being considered was for the North to suspend operation of the Yongbyon reactor and plutonium reprocessing if Washington lifts some sanctions, including its designation of Pyongyang as a terrorism sponsor. ``I don't think we are here now to make a roadmap,'' Hill said. ``We only have a three-day session, so essentially we are just gathering ideas and having an opportunity to discuss the ideas, but we are not trying to come to any final decisions.'' China says it expected the talks to run until Friday, then recess to let diplomats attend a mid-November Asia-Pacific economic conference in South Korea. The two years of talks have proceeded slowly, fitfully and amid deep distrust. North Korea refuses to disarm completely without getting concessions along the way, while Washington wants to see the weapons programs dismantled before granting rewards. The U.S. has rejected North Korea's demand to be given a civilian nuclear reactor until it returns to the international Nuclear Nonproliferation Treaty and accepts safeguards from the International Atomic Energy Agency. Guardian Unlimited © Guardian Newspapers Limited 2005 ***************************************************************** 11 Guardian Unlimited: World Latest | N. Korean Criticism Casts Pall Over Talks From the Associated Press [UP] Thursday November 10, 2005 7:46 PM AP Photo SEL102 By AUDRA ANG Associated Press Writer BEIJING (AP) - North Korea criticized the United States Thursday for undermining the spirit of cooperation at six-nation talks on the North's nuclear programs, casting a pall over discussions aimed at persuading the regime to disarm, news reports and the U.S. envoy said. The North said Washington's sanctions against firms suspected of weapons proliferation and its accusations that North Korea is counterfeiting U.S. money would block progress in the latest round of talks, the South's Yonhap news agency reported, citing unnamed officials. Delegates say this week's discussions - the fifth in a series that has progressed fitfully and amid deep distrust - are meant to focus on contentious details of a September agreement in which Pyongyang pledged to disarm in exchange for aid and security guarantees. But North Korea and the United States appear deadlocked on the basics: Pyongyang refuses to disarm completely without getting concessions along the way, while Washington wants to see the weapons programs dismantled before granting rewards. ``The positions of the U.S. and North Korea remain unchanged,'' Russia's Deputy Foreign Minister Alexander Alekseyev was quoted as saying by Russian news agency Interfax. The North reportedly also voiced its displeasure over President Bush's reference last week to a tyrant in North Korea - widely seen as a disparaging remark directed at its leader, Kim Jong Il, Yonhap said. The atmosphere at the second day of meetings, which also involved South Korea, China, Russia and Japan, ``was so tense that the other delegates could hardly continue dialogue,'' the report said. ``They made clear that they are not happy'' about the sanctions and counterfeit accusations, Assistant Secretary of State Christopher Hill, the American envoy, told reporters late Thursday. ``They expressed concern about this and I had to make clear to them that these are law enforcement issues and not six-party issues,'' he said. Washington imposed sanctions in October on eight North Korean companies accused of acting as fronts for sales of banned missile, nuclear or bioweapons technology. The order froze any assets in areas under U.S. jurisdiction, but it wasn't clear whether it had any impact because the United States bans trade with North Korea. The United States also accuses North Korea of producing high quality counterfeit $100 bills known as ``supernotes.'' Washington and Seoul pressed the North on Thursday to suspend nuclear development after Hill accused Pyongyang of operating a reactor that produces plutonium - a fuel for bombs. ``The time for them to stop producing nuclear material is now,'' Hill said. ``The faster they move, the faster we move, the faster everybody moves, the faster (North Korea) can be reintegrated into the world.'' South Korean Deputy Foreign Minister Song Min-soon said South Korean diplomats proposed what their government calls a roadmap to disarmament during talks Thursday. ``We spelled out what kinds of steps are needed to advance the implementation plan,'' Song said, declining to give details. He also emphasized the need to build trust. ``This process shouldn't focus on what the other side is unwilling to give us,'' Song said. ``Rather, we should focus on what we can obtain from the other side.'' Yonhap said one measure being considered was for the North to suspend operation of the Yongbyon reactor and plutonium reprocessing if Washington lifts some sanctions, including its designation of Pyongyang as a terrorism sponsor. But Hill downplayed the possibility of a structured decision during this round. ``A three-day session is really too soon and too short a time to be working out a complete implementation plan,'' he said. China says it expected this week's talks to run until Friday, then recess to let diplomats attend an Asia-Pacific economic conference in South Korea. Guardian Unlimited © Guardian Newspapers Limited 2005 ***************************************************************** 12 White House to 'hit back' at Democrats on WMD Date: Thu, 10 Nov 2005 08:11:40 -0600 (CST) X-Fingerprint: owner-imap@chumbly.math.missouri.edu-69.50 White House to 'hit back' at Democrats Aides plan aggressive response to claims intelligence misused From Dana Bash CNN Washington Bureau WASHINGTON (CNN) -- Top White House officials say they're developing a "campaign-style" strategy in response to increasing Democratic allegations that the Bush administration twisted intelligence to make its case for war. White House aides, who agreed to speak to CNN only on the condition of anonymity, said they hoped to increase what they called their "hit back" in coming days. The officials say they plan to repeatedly make the point -- as they did during the 2004 campaign -- that pre-war intelligence was faulty, it was not manipulated and everyone was working off the same intelligence. They hope to arm GOP officials with more quotes by Democrats making the same pre-war claims as Republicans did about Saddam Hussein's weapons of mass destruction. Democrats have pointed at declassified information they say shows the White House was "deceptive" in pre-war statements. Telegraphing the beginning of a communications effort is a tactic the Bush team has used in the past, especially when it comes to Iraq. The examination into the intelligence used to justify invading Iraq has intensified on the heels of the October 28 indictment of I. Lewis "Scooter" Libby, Vice President Dick Cheney's chief of staff, who resigned the day he was indicted. (Full story) Libby has been charged with obstruction of justice, perjury and making false statements to federal agents investigating who revealed the identity of undercover CIA agent Valerie Plame. The agent's name was leaked to reporters after her husband publicly challenged a key element of the administration's case for war. (Wolf Blitzer interviews Plame's husband) White House officials are determined to reverse President Bush's poor poll showings on the topics of Iraq and "honesty and trustworthiness." The White House has been on the defensive about whether Bush's top political adviser, Karl Rove, was involved in publicly identifying Plame. (Poll: Few doubt wrongdoing in CIA leak case) The White House is trying to coordinate a response from administration officials to congressional Republicans. Republicans on Capitol Hill who have criticized the White House for failing to coordinate responses to a host of issues say Bush aides are working noticeably harder to set up meetings and conference calls to arrange a widespread response. Aside from regular White House briefings, it is unclear which administration officials will participate in this "aggressive" response, which senior officials indicate will be unveiled in interviews and other public events. It also is uncertain how much the president will be involved in the information campaign aside from "responding appropriately when asked," a third senior official said. One senior official said Cheney would not participate in the White House response, despite that Senate Minority Leader Harry Reid, D-Nevada, has accused the vice president of being a key offender in manipulating intelligence. (Read about Democrats closing the Senate to push the war probe) ***************************************************************** 13 Webindia123.com: India gets WNA backing on NPT discrimination Hyderabad | November 10, 2005 12:40:00 PM IST India's stance that the Nuclear Non-Proliferation Treaty (NPT) was unfair and discriminatory has got the solid backing of the World Nuclear Association (WNA), an umbrella organisation of international manufacturers of nuclear equipment, which has committed itself to work for removal of ''anomalies'' and end the isolation of India. Commenting on India's nuclear relationship with the international community, WNA Director General Dr John Ritch welcomed the recent initiatives to end the isolation imposed on India for its unwillingness to join the NPT. Terming the NPT ''one of the great diplomatic achievements in history'', Dr Ritch, a former US representative at the International Atomic Energy Agency (IAEA), however said that he had always deemed the NPT to have two conflicting characteristics''. The NPT was fundamentally unfair and discriminatory in the choices it posed for India as a great world power, he told the international conference on Characterisation and Quality Control of Nuclear Fuels (CQCNF-2005) which began yesterday in association with IAEA, Nuclear Fuel Complex (NFC) and Board of Research in Nuclear Sciences (BRNS). ''I therefore welcome and will work to support the initiatives of the American and Indian governments to overcome this anaomaly and to normalise India's relations with the international community in the peaceful and cooperative use of nuclear energy,''. With these initiatives evolving, he urged both the governments to take all possible steps to ensure that the nuclear non-proliferation regime was strengthened rather than weakened and, to cooperate, in the fullest possible measure, in realising the potential of nuclear power to achieve the global clean-energy revolution the world needed. Claiming there was a ''nuclear renaissance'' with countries representing the preponderance of world economic activity and world population reviewing and reaffirming the value of nuclear power, Dr Ritch said he would also move the World Bank and the US government to extend financial support by funding nuclear power units and the nuclear industry. ''While an unprecendented global crisis intensified amidst climate change, governments must now direct the World Bank and the UN development and environment programmes to act in pursuit of a clean-energy vision in which nuclear power holds the central role''. UNI DB AA VD SND1140 ***************************************************************** 14 NRC: NRC Begins Special Inspection of Electrical Problems in Shutdown at D. C. Cook Nuclear Power Plant News Release - Region III - 2005-04 U.S. NUCLEAR REGULATORY COMMISSION Office of Public Affairs, Region III 801 Warrenville Road, Lisle IL 60532 No. III-05-043 November 10, 2005 CONTACT: Jan Strasma (630) 829-9663 Viktoria Mitlyng (630) 829-9662 E-mail: opa3@nrc.gov The Nuclear Regulatory Commission has begun a special inspection of electrical problems at the D. C. Cook Nuclear Power Station associated with the automatic shutdown of the plants Unit 2 on Tuesday, Nov. 8. The two-reactor facility, located at Bridgman, Mich., is operated by American Electric Power Co. The Unit 2 reactor shut down automatically when the main generator failed. The main generator is conventional power plant equipment which produces electricity for distribution to the utilitys customers. The Unit 1 reactor was not affected and continued to operate at full power. Following the Unit 2 shutdown, two separate circuit breakers failed to operate properly to provide power to certain safety systems, and the utility is continuing to investigate those failures. The plant has parallel safety systems, and all safety functions were available to the plant. The safety of the plant was not jeopardized, said James Caldwell, NRC regional administrator. Weve sent the special inspection team to better understand the circumstances surrounding the electrical equipment failures and what corrective actions are needed. The three-person NRC team will monitor the utilitys investigation of the failures and the resulting repairs. A report of the teams inspection findings will be issued within 30 days of the close of the inspection and will be available online in the NRCs document library at: http://www.nrc.gov/reading-rm/adams/web-based.html. Last revised Thursday, November 10, 2005 ***************************************************************** 15 Guardian Unlimited: Britain buys into next generation of nuclear power David Adam, environment correspondent Thursday November 10, 2005 Britain is investing millions of pounds in a US government project to develop a new generation of nuclear power stations, the Guardian has learned. The move restarts UK government funding for research into new nuclear reactor technology and gives its scientists access to international efforts to develop a "generation IV" nuclear power station by 2030. The investment is not directly connected to the coming decision on whether to build new nuclear power stations in Britain, which would use existing reactor designs, but is significant because it shows the government has not ruled out nuclear energy as a long term solution. Sir David King, the government's chief scientific adviser, said earlier this year that any revival of Britain's nuclear industry would be limited to "one generation only." Article continues Richard Clegg, head of the Dalton Nuclear Institute at Manchester University and director of science at BNFL, said: "It sends a very important message that the UK government has a strategic interest in keeping the nuclear option open." Britain joined the US Department of Energy's generation IV forum in 2000, alongside eight countries, including France, Brazil and Japan. It supported the project through BNFL but did not commit state funds directly. Leading experts, including Professor King, David Sainsbury, the science minister, and Keith O'Nions, former chief scientist at the Ministry of Defence, have since lobbied for Britain to play a bigger role, so as to guarantee access to new reactor technology. Officials at the Department of Trade and Industry have now set aside Ł10m over two years. Dr Clegg said: "In order to have a seat at the table and a voice in selection of reactor designs, the UK has got to contribute something. By participating in the programme, our scientists and engineers are able to keep abreast of these reactors, how they work and what they are about." The generation IV scheme has shortlisted six possible designs, which it claims will be cheaper, cleaner and safer than current reactors. The move comes as a report turns up the heat on the nuclear debate by reiterating that new reactors are almost certainly needed if Britain is to meet future energy demands without busting greenhouse gas targets. Based on a meeting of 150 scientists, engineers, economists and sociologists at the Geological Society, the report says nuclear power "will inevitably have a key role in a future clean energy mix". Without new nuclear build, it says, Britain will struggle to plug an anticipated 10,000 MW energy gap - some 20% of demand - which is expected to open by 2015 as existing power stations are retired. Shaun Fitzgerald, an energy expert at Cambridge University, who helped to compile the report, said the poor response to energy efficiency initiatives showed public and government had failed to grasp the scale of the problem. "The 'do nothing' option is not an option." [UP] Guardian Unlimited © Guardian Newspapers Limited 2005 ***************************************************************** 16 NRC: NRC Considers Clarifications to Requirements for New Reactor Licensing News Release - 2005-15 U.S. NUCLEAR REGULATORY COMMISSION Office of Public Affairs Telephone: 301/415-8200 Washington, DC 20555-0001 E-mail: opa@nrc.gov No. 05-154 November 10, 2005 The Nuclear Regulatory Commission is considering revisions to clarify its regulations concerning the licensing and approval processes for nuclear power plants. The changes would address requirements that apply to licensing processes such as Early Site Permits (ESP), Design Certifications and Combined Licenses. Experience gained in the NRCs review of ESP and Design Certification applications, as well as substantial public comments, led to the proposed rule changes. This rule change would clarify the relationship between Part 50 of our regulations and the processes available today in Part 52, said David Matthews, Director of the Division of New Reactor Licensing in the NRCs Office of Nuclear Reactor Regulation. These changes will make the NRCs licensing process more effective and efficient for future applicants. The proposed rule is described in a staff paper to the Commissioners, available on the NRC Web site at this address: http://www.nrc.gov/reading-rm/doc-collections/commission/secys/20 05/. The proposed rule supersedes a 2003 proposal that the agency is now withdrawing. For more information contact NRC staff members Jerry Wilson or Nanette Gilles by phone at 301-415-3145 and 301-415-1180 respectively, or via e-mail at jnw@nrc.govand nvg@nrc.govrespectively. Last revised Thursday, November 10, 2005 ***************************************************************** 17 Daily Yomiuri: Serial number changed on Mihama N-plant pipe The Yomiuri Shimbun FUKUI--An employee of Mitsubishi Heavy Industries, Ltd. scratched and altered the serial number of a pipe he mistakenly connected to part of a piping system that is to replace one that caused a fatal blowout at Kansai Electric Power Co.'s nuclear plant in Mihamacho, Fukui Prefecture. On Thursday, the Economy, Trade and Industry Ministry's Nuclear and Industrial Safety Agency began an on-the-spot inspection of pipe replacement work at the plant. At the Mitsubishi Takasago factory in Takasago, Hyogo Prefecture, the worker connected an unregistered pipe to the system. Although the worker was ordered by his superior to replace the pipe with a correct one, he scratched out the existing serial number and carved in the serial number of the appropriate pipe, misunderstanding the order. (Nov. 11, 2005) + THE YOMIURI SHIMBUN Copyright © The Yomiuri Shimbun. [DAILY YOMIURI ONLINE | THE DAILY YOMIURI] Page Top ***************************************************************** 18 BBC Energy gap: the cultural roots Thursday, 10 November 2005, 13:42 GMT [ Analysis By Richard Black Environment Correspondent, BBC News website [Pylons against a dark sky. Image: PA] Will Britain's grid have enough power to distribute in a decade? Other countries seem to find it so easy: Finland has committed itself to nuclear expansion, Germany is installing solar panels at the speed of light, and Iceland is exploiting its geothermal and hydropower resources beyond its own needs. So why is Britain - the world's fourth largest economy, a nuclear pioneer, blessed with wind, wave and tidal potential beyond the normal lot of nations, a once mighty coal producer, provider of innovators to the world, and with a generation's worth of North Sea booty to invest - facing an enormous shortfall in electricity provision while others are not? This is the unspoken question behind a report compiled from the contributions of 150 academics, entrepreneurs and business people drawn from across the energy sector under the aegis of the Geological Society of London (GSL). Its headline conclusion is that within a decade, Britain will be producing only about 80% of the electricity is needs unless big decisions are taken - and taken soon. [Candle flame. Image: BBC] Britain facing energy gap But the consensus among these 150 experts is that decisions are not being taken. "Despite its rhetoric about global climate change, the government is drip-feeding the renewables sector - barely keeping it alive," said Jeremy Leggett of the solar power company solarcentury. "There are long time intervals involved in the replacement process for nuclear," observed Charles Curtis of Manchester University and the nuclear company Nirex. "We should be starting to prepare ourselves now." Jeremy Leggett believes renewables and energy efficiency are the way forward for a non-nuclear Britain; whereas Charles Curtis says renewables have a role to play, but a substantial nuclear capacity will still be needed. On the need for urgent action, though, they are united. Déjŕ vu It's not as though the energy gap has suddenly burst through the floor like a pantomime demon. Five years ago the Royal Commission on Environment Pollution (RCEP) said that rising energy demands, together with a policy of reducing greenhouse gas emissions, posed "...a radical challenge for the UK; a challenge that cannot be met successfully unless the government's energy policies and its environmental policies are coherent." Reducing energy use should be a priority, it said, but the government needed "...to give much higher priority to energy efficiency, a change in public attitudes, with people linking their own day-to-day use of energy with fossil fuel consumption and the threat of climate change." These arguments are echoed almost word for word in the GSL report, as are the importance of stimulating renewables, the need to grapple with the nuclear issue imminently, and the potential of clean coal technologies. Little appears to have changed. Aspirations into action [andybuttertonpa] Senior officials just don't believe that you can get energy this way [ src=] Jeremy Leggett Talking to energy and environment experts who regularly pass through the revolving doors of Whitehall, a clear picture emerges of a government which is not structurally or ideologically equipped to take these major decisions. One common complaint is fragmentation; and here's an example. The minister charged with managing climate change issues is Elliot Morley, who sits within Defra. But virtually all sources of greenhouse gas emissions are controlled by other ministries: industry by the DTI, transport by the DFT, and houses by the ODPM. Just as Defra's Climate Change Review is coming to a conclusion, the DTI has started its Energy Review. Then there is the Treasury, which can set or veto taxes and other financial approaches to reducing emissions. In the early days of Tony Blair's government, this fragmented picture was cemented together by a Cabinet "enforcer", John Prescott, who could bang heads together and ensure that different departments were singing the same tune. Now, the complaint goes, Mr Prescott has been removed from his head-banging role, and there is no-one with the same powers; the result is discord. The irony is that over the last year, Mr Blair has led the international community in unifying debates on energy and climate. A year ago, the Kyoto Protocol process existed in magnificent isolation, debating the niceties of CO2 levels, impacts and mitigation; energy issues meanwhile were the providence of other fora, such as the OECD. Through its term in the G8 presidency, the UK government has sought to bridge this divide; and Mr Blair's comments last week, to energy and environment ministers gathered under G8 auspices in London, cemented the two agendas. From now on, he implied, energy supply and security debates would be joined at the hip with climate issues. But Mr Blair has not reformed the structures of his own government to reflect his new international perspective. Bunker mentality The choices before the myriad ministers involved are not, admittedly, the easiest. [Finnish MP Mikko Elo] Finland's nuclear decision Finland, apparently, found few problems in deciding to build a significant new nuclear power station and an underground repository to store its waste. "There is very little opposition to nuclear power - and that is partly because of the economic benefits it brings," Finnish MP Mikko Elo told these pages. "I noticed that in Britain, politicians didn't want to discuss nuclear power before the election, but I don't think that is a good thing... the more people understand nuclear power, the less they will oppose it." In Britain, the nuclear industry is trying to discard its cultural heritage of taking decisions in an impenetrable concrete bunker, but the legacy of suspicion will not be easy to discard. There is also the security issue. This week the House of Commons Environmental Audit Committee heard, in the course of its own inquiry into energy options, that nuclear terrorism of some kind is "inevitable". "The security concerns of new build need to be faced up to," Keith Barnham from Imperial College London told the committee. Governments generally don't like planning far beyond the end of their own term of office; but delegates from nuclear companies told the committee that the key time frames in their business are at least decadal: 10 to 15 years to build a station, and a total period of about 80 years from planning to decommissioning. Whatever regulations were drawn up for new build, they said, investors needed to be sure that future changes would not impinge on business plans. There is a similar message from companies involved in "clean" coal technologies. Mitsui Babcock says emissions from coal-fired power stations can be reduced by 20% simply by using modern, efficient boilers; by a further 20% by mixing renewably grown biomass in with the fuel; and by 95% using carbon capture and storage. "Our view is that it's too late for the energy gap to be filled by nuclear," the company's director of policy liaison, Mike Farley, told the BBC News website. "To fill it with clean coal, we would need to build at least 2GW of capacity annually starting in 2006 through to 2011." The key factor which would encourage that new build, he believes, would be for the government to set a programme for pricing carbon dioxide emissions beyond 2012, when the current European Emission Trading Scheme comes to an end. [Businessmen with solar cell in front of German stock exchange. Image: Thomas Lohnes/AFP/Getty] Germany: Big growth in solar panels and a booming business sector And renewables? They are being held back, Jeremy Leggett believes, by an institutional culture within Whitehall. "Too many senior officials just don't believe that you can get energy this way," he said. "They believe that you get it from building a big box and putting in it a big coal-fired boiler or a nuclear reactor; it's just the culture." He points to the example of Germany, which last year installed 100 times more solar capacity than the UK, as a country which has got its act together renewably. The GSL report paves the way for a raft of government actions; but then so did the RCEP report half a decade ago. The choices are little different; but time has moved inexorably onwards to the point when either the Whitehall barriers will soon have to collapse, or the lights will go out. ***************************************************************** 19 NRC: Notice of Issuance of Amendment to Materials License SNM-2505; FR Doc 05-22431 [Federal Register: November 10, 2005 (Volume 70, Number 217)] [Notices] [Page 68478-68479] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr10no05-158] Calvert Cliffs Nuclear Power Plant, Inc.; Calvert Cliffs Independent Spent Fuel Storage Installation AGENCY: Nuclear Regulatory Commission. ACTION: Notice of issuance of license amendment. FOR FURTHER INFORMATION CONTACT: Joseph M. Sebrosky, Senior Project Manager, Spent Fuel Project Office, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Telephone: (301) 415-1132; fax number: (301) 415-8555; e-mail: jms3@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission (NRC or the Commission) has issued Amendment 7 to Materials License SNM-2505 held by Calvert Cliffs Nuclear Power Plant, Inc. (CCNPP) for the receipt, possession, transfer, and storage of spent fuel at the Calvert Cliffs Independent Spent Fuel Storage Installation (ISFSI), located in Calvert County, Maryland. The amendment is effective as of the date of issuance. II. Background By application dated May 16, 2005, as supplemented on September 29, 2005, and October 28, 2005, CCNPP requested to amend its ISFSI license to incorporate changes to the updated safety analysis report to alter the design basis limit for the dry shielded canister (DSC) internal pressure from 50 psig to 100 psig. III. Finding This amendment complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations. The Commission has made appropriate findings as required by the Act and the Commission's rules and regulations in 10 CFR Chapter I, which are set forth in the license amendment. In accordance with 10 CFR 72.46(b)(2), a determination has been made that the amendment does not present a genuine issue as to whether public health and safety will be significantly affected. Therefore, the publication of a notice of proposed action and an opportunity for hearing or a notice of hearing is not warranted. Notice is hereby given of the right of interested persons to request a hearing on whether the action should be rescinded or modified. Also in connection with this action, the Commission prepared an Environmental Assessment (EA) and Finding of No Significant Impact (FONSI). The EA and FONSI were published in the Federal Register on September 12, 2005 (70 FR 53812). FOR FURTHER INFORMATION CONTACT: For further details with respect to this action, see the application dated May 16, 2005, available for public inspection at the Commission's Public Document Room (PDR), located at One White Flint North, Public File Area O-1F21, 11555 Rockville Pike (first floor) Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter problems in [[Page 68479]] accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1 (800) 397-4209, 301-415-4737, or by e-mail to pdr@nrc.gov. Dated at Rockville, Maryland, this 2nd day of November, 2005. For the Nuclear Regulatory Commission. Joseph M. Sebrosky, Senior Project Manager, Licensing Section, Spent Fuel Project Office, Office of Nuclear Material Safety and Safeguards. [FR Doc. 05-22431 Filed 11-9-05; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 20 APP.COM: Nuclear power use helps cushion natural gas price hike Asbury Park Press Online Thursday, November 10, 2005 11/10/05 BY LETTY GOODMAN LUTZKER In our blindness to the importance of abundant energy for our hugely productive economic engine, we have stumbled into an era of unnecessarily high energy costs. It is some comfort to reflect that we would be in a lot worse shape economically without nuclear power, now that the price of natural gas is going through the roof. Contrary to the incorrect popular wisdom, the cost of producing electricity from nuclear power is less than one-third the cost of obtaining power from plants fueled with natural gas. Since half of the electricity in New Jersey is nuclear-generated — a larger percentage than in any other state in the Northeast except Vermont — we are at least somewhat better positioned than many of our fellow U.S. citizens to withstand the shock of soaring natural gas prices. Nationally, however, natural gas has become the preferred fuel for electricity generation. It provides nearly 20 percent of the nation's electricity, as does nuclear, but going forward more than 95 percent of the additional electric-power capacity being planned or brought online uses natural gas for fuel. This increased demand, competing with the use of natural gas for home heating and industrial processes, is driving up the price of this commodity. Everybody is aware that millions of homeowners will be shocked, even devastated, by the rise in home heating costs this winter. Fewer know of the debilitating effects of the natural gas crisis on our industrial economy. The price of natural gas, which supplies a quarter of the energy used by Americans, has jumped sevenfold in just the last five years. The United States now has the highest natural gas prices in the world. Many Americans are unaware that many U.S. industries — chemical, aluminum, plastics, iron and steel, and food processing companies — use large amounts of gas in their processes and, as they find it more difficult to compete with countries that have cheaper supplies, are beginning to move their facilities abroad. According to the American Chemical Council, in the last three years, 36 percent of the U.S. fertilizer industry, which depends on natural gas, has been shut down or mothballed. Last year alone, chemical companies closed 70 facilities in the United States, and have tagged at least 40 more for shutdown. Of the 120 chemical plants being built around the world with price tags of $1 billion or more, only one is in the United States. This trend can only become worse unless the public and its political leaders wake up. For all its advantages as a relatively clean solution to our air pollution problems, natural gas cannot by itself meet the nation's needs for economic growth and environmental objectives. America needs a diverse and flexible supply of energy if we are to avoid further competitive disadvantages, with the potential for increased movement of jobs overseas and layoffs and economic stagnation here. We should be exploiting all energy sources available to us, especially those for which we have large domestic supplies. The natural gas crisis could have been prevented, and now must be addressed on these fronts: We must utilize for electricity production those fuels which have little other utility, and which we have in abundance. This means expanding our nuclear electricity capability, which requires immediate licensing and construction of the Yucca Mountain nuclear waste repository, and proceeding rapidly with a streamlined process for licensing new plants to provide clean, reliable, affordable electricity. We should also exploit clean coal electricity production where possible as well. We must overcome the vociferous and destructive opposition to extracting the huge domestic supplies of natural gas in this country, especially those in less environmentally vulnerable areas than the Gulf of Mexico. Our nation's economic strength and security require dependable access to bulk energy and the wise allocation of energy sources to the processes they suit best. Using natural gas for electricity production, for which we have other viable options, diverts a valuable resource from uses for which it is better suited and for which there is at present no good substitute. Dr. Letty Goodman Lutzker is chief of nuclear medicine at the St. Barnabas Medical Center, Livingston. Copyright © 2005 Asbury Park Press. All rights reserved. ***************************************************************** 21 ABC: Southern Nuclear finds discrepancy at Georgia plant - 2005-11-10 Atlanta Business Chronicle Southern Nuclear Operating Co. has reported discrepancies in inventory at one of its nuclear plants in a required update to the U.S. Nuclear Regulatory Commission. The nuclear unit of Atlanta-based Southern Co.(NYSE: SO) said that based on a preliminary review it could not reconcile 68 inches of inventory at the Edwin I. Hatch Nuclear Plant near Baxley, Ga. The fuel inventory in the two reactor cores and the two spent fuel pools at Plant Hatch totals more than 57 million inches. The inventory verification is still in progress and should be completed Dec. 15. The company believes the material is in another location in the spent fuel pools or was shipped to a licensed disposal facility. There is no threat to public health or safety, the company said. No discrepancies were found at the Alvin W. Vogtle Electric Generating Plant near Waynesboro, Ga., or the Joseph M. Farley Nuclear Plant near Dothan, Ala., the company said. © 2005 American City Business Journals Inc. Add RSS Headlines Atlanta Business Chronicle email: atlanta@bizjournals.com bizjournals| Contact Us | Site FAQ ***************************************************************** 22 LA Weekly: Features: Green to the Core? — Part 2 Part 1 How I tried to stop worrying and love nuclear power. By JUDITH LEWIS NOVEMBER 11 - 17, 2005 “I really believe that people go to work at that plant saying I have a huge responsibility to make sure this plant is safe,” says Rochelle Becker, the tireless executive director of the San Diego–based Alliance for Nuclear Responsibility. “But you can be running that plant with the best of intentions and the best of employees, and guess what? Nature bats last.” In recent years, Becker, a small woman with a slightly turned-up nose and straight, light-brown-to-graying hair pulled back in a ponytail, has focused almost all of her energy fighting the impending re-licensing of California’s two remaining nuclear power plants on the grounds that no safe solution exists for long-term storage of nuclear waste. Becker has read the National Academy of Sciences report on those storage pools and, like that report’s authors, she worries about terrorist attacks. But she worries as much about a 7.5-magnitude earthquake on the Hosgri Fault, which runs two and a half miles from Diablo Canyon’s door. She admits that an earthquake of such power has never hit that fault, but neither had a storm surge sufficient to submerge New Orleans ever hit the Gulf Coast. Geological time, like radioactive decay, is not measured in the tens of years, but in hundreds and thousands. “Earthquakes,” she says, ”don’t happen in 30-year time frames.” Both plants have been built to withstand, as PG’s literature puts it, “the largest earthquake deemed credible from the nearest earthquake fault.” The utility employs a full staff of seismic experts to assess the risk from nearby faults. Becker doesn’t care. “How many structures fell in the Northridge earthquake that were supposed to have been seismically sound? Freeway overpasses, buildings, all kinds of things. Look at where San Onofre is compared to the ocean. It’s pretty much right there. What happens if the coast shifts? And what happens if an earthquake hits at one of those plants while they’re moving fuel into the pools? Worst-case scenario: The fuel rods could come in contact with each other, initiating a chain reaction and subsequently starting a fire.” Cancer deaths from such an accident could soar into the five digits. And if it doesn’t kill you, rest assured your beach house will be rendered worthless, says Becker. “Oceanfront property,” she says, “will be pretty darn cheap.” Diablo Canyon’s spent-fuel pools will reach capacity in 2006, which is why PG has plans to institute on-site dry-cask storage at its facility, a decision Becker prefers to trucking waste across California. In March of 2004, the Nuclear Regulatory Commission granted PG a 20-year license to begin storing spent fuel in steel canisters packed in concrete and steel and anchored to concrete pads. There was only one problem: The license didn’t say anything about protecting the storage facility against a terrorist attack. The Sierra Club and Mothers for Peace, with the backing of California Attorney General Bill Lockyear, have appealed the NRC’s approval in the Ninth Circuit Court. But if both nuclear plants shut down when their licenses run out, how will California meet its energy needs without compounding global warming? Becker gave her official answer to the California Energy Commission at a Sacramento workshop: “Four thousand megawatts is a considerable amount of energy,” she said, “but we don’t believe it’s substantial. Hundreds of millions of California’s dollars have gone into a hole in the Nevada desert called Yucca Mountain. If the same investment in dollars were made in renewable, we would go from being the laughingstock to a leader in renewable energy.” Then again, she tells me over lunch one day, “I don’t really feel like it’s up to me to address how we replace that power. I do feel like it’s up to me to be questioning how much radioactive waste California wants to store on our earthquake-active coast. For years, we have been talking about these as energy-generation plants. All they do is produce energy. We’re acting like we don’t have over 6,000 tons of radioactive waste sitting on our coast. Well, we do. And there’s 200 more tons every year.” Even storage facilities for low-level waste have begun to tighten restrictions: Barnwell, South Carolina, will close its doors to out-of-region waste as of 2008; Richland, Washington, already has. “So when does California go, ‘This is enough’” asks Becker. “Why aren’t we making the Department of Energy, the NRC, the federal government deal with these problems like they promised? And why do we continue to produce more waste when we haven’t solved the problem of what we’ve got?” The answer to some of Becker’s questions can be found about 100 miles north of Las Vegas at Yucca Mountain in the bleak expanse of Nye County, Nevada. Should it seem for any reason an inappropriate place to deposit several generations of America’s atomic detritus, Department of Energy spokesman Allen Benson is here to convince you otherwise. In his arsenal of evidence is the fact that Yucca Mountain gets only seven inches of rainfall a year and that the area surrounding the proposed repository is chronically underpopulated, on the edge of the Nevada Test Site, where atomic scientists working for the U.S. government sat at perilously close range while their mystical ordnance exploded 1,500 feet over the desert. If that isn’t enough, consider this: “Nye County,” observes Benson, “is shaped like a mushroom cloud.” It is impossible not to be awestruck by the sheer scale of the Yucca Mountain project, by the five-mile horseshoe-shaped tunnel that has been drilled through the mountain, by the railroad that runs through that tunnel, by the 450-foot-long drill that made that tunnel, the “Yucca Mucker” that still stands at the tunnel’s far end, because it’s too expensive to move. “If you know anyone who’s interested, it’s for sale,” Benson says, staring up at the beast-like machine. “$10 million.” “But it needs some work,” I offer. Benson laughs. “It needs some work. It’s only got five miles on it, though.” Inside the tunnel, thousands of note cards litter the cavern’s rock walls, engraved with the names of prominent scientists from Los Alamos, Sandia and Livermore laboratories — scientists who have taken samples of Yucca Mountain’s volcanic rockfor independent analysis of its density, its mineral content and, most of all, its porosity: Water is the thing that defines whether a nuclear waste storage facility will withstand the test of time and weather. It’s unfortunate, then, that on the day I take Benson’s tour, with two other journalists and a geologist named John Hartley, the desert is bursting with greenness fed by unusually plentiful spring rains. I expected Yucca Mountain to be dry and barren; instead, it’s a stunning stretch of high Western desert. It seems a heartbreaking place for a waste dump. “Get this straight,” says Benson. “We don’t dump anything. And that really is important if you’re going to report on this. It is not dumped. It is disposed of in a scientific and responsible manner to protect public health and safety.” But can’t that science change? What happens if global warming gives Yucca Mountain annual monsoons? “First of all, we’re dealing with solid material,” says Benson, “in specially designed canisters, in an engineered facility designed to enhance the natural geology. You’ve probably heard talk in some quarters that the mountain itself was supposed to protect the canisters. That’s not true.” The Nuclear Waste Policy Act of 1982, says Benson, clearly indicates that engineered facilities would be used in conjunction with natural geology to protect against radiation exposure. “So we’re following the law very clearly here, very precisely.” Benson has cause to be defensive: Nevada Senator Harry Reid calls it a “dump” nearly every time he mentions it; Shelley Berkley, the local congresswoman, calls it a “fiscal black hole.” This week Congress slashed the project’s funding by $127 million. Eight billion dollars have so far gone into the project, which was last scheduled to open in 1998. Victor Gilinsky, who formerly served on the NRC, has blasted DOE management for shrouding the project in secrecy. “It’s hard to have confidence in an agency that acts in such a secretive way.” Last winter, a series of e-mails exchanged by employees of the U.S. Geological Survey who worked on the project suggested that research on the site had not been as meticulous as it could have been, and in some cases may have been falsified. “We’re not talking about the e-mails,” Benson reminded us more than once. “The e-mails are part of an ongoing investigation, and we’re not going to do anything to compromise that ­investigation.” After a few hours at Yucca Mountain, it becomes clear why, despite a desperate need for a solution to the nuclear waste problem (there is already enough waste in temporary storage to fill it), the site has not opened: No one is absolutely sure what will happen if it does. If all the regulatory hurdles are cleared, if Nevada loses its political battle and Yucca Mountain’s license — which Benson says will be measured in “linear feet,” not pages — is finally approved, the waste that goes into it will last for hundreds of thousands, even millions of years. “We don’t know what will happen in 10,000 years,” Benson admits. “Will people speak English? There probably won’t be a United States.” He talks about the difficulty of establishing a warning system that will matter to creatures of the future, who likely won’t read our signs. But the very idea that such a system is possible seems absurd. In early August, the EPA proposed upgrading its 10,000-year safety standard for radiation exposure to humans near Yucca Mountain to 1 million years. As if the EPA will be around in 1 million years to enforce it. People in the nuclear industry, including San Onofre’s Ray Golden, respond to the problem of nuclear waste by advocating reprocessing. It sounds like a good idea to me, too, so I ask Dave Lochbaum about it. “On paper, it sounds good,” he says. “Everybody likes recycling. But we’ve tried reprocessing three times in this country and we’re 0 for 3.” Why? “General Electric spent a lot of money on a reprocessing facility in Morris, Illinois. They got it finished, but they never could get it to work. Once Ford and Carter issued nonproliferation executive orders, [closing] it was less face loss than admitting it didn’t work.” “So why,” I want to know, “don’t we just bring a bunch of French guys over here to show us how?” “Well,” Lochbaum hesitates, “the French don’t really follow our safety rules. I’m not sure that technology could be licensed in the United States unless we just waived our existing regulations. We have a little bit more concern about effluent. I’m not going to say the French are ‘no blood no foul,’ but they’re not quite as concerned about effluents as we are. They tend to believe more in ‘the solution to pollution is dilution.’ They have high releases, but they figure it’s going into the North Sea or the English Channel. That’s a big ocean. So there are certain beaches on the North Seawhere you can get a suntan at night.” Indeed, according to Britain’s Environmental Protection Agency, concentrations of technetium-99, an isotope produced in reprocessing, were four times higher in the coastal waters of Belgium and the Netherlands down-plumefrom France’s Cap de la Hague reprocessing plant. Shortly after I return from Yucca Mountain, I look over a map I got from Rochelle Becker showing my office in Los Angeles, just 4.7 miles away from the nearest nuclear waste transport route, along which waste would travel on its way from Diablo Canyon to Yucca Mountain. I find myself mentally running through the process of loading cats in their carriers, dogs on their leashes and cherished belongings unboxed in the car — and planning escape routes. The 101 freeway out of Hollywood would be jammed; the 5 freeway in either direction would be worse. I think of all those drivers stuck on the highways out of Houston, fleeing Hurricane Rita. “It would most likely evolve over days, not hours,” says Ray Golden of a nuclear accident. He takes me into the war room at San Onofre, a high-ceiling barracks filled with long tables lined with telephones. The phones have assignments: FEMA sits here, the local sheriff there, the plant manager over there. The NRC has a spot, too. “Yeah, they’d be here bossing us around,” says Golden, as though he’d rather handle any emergency by himself, with his trusted co-workers. As though he could. As my nuclear anxiety accelerates, I finish Caldicott’s Nuclear Madness: What You Can Do. I find in it Caldicott’s gloss narratives of nuclear energy’s accidents and horrors, a fairly familiar litany of the disasters that have happened and others that probably will. But I also find in the book a comprehensive summary of all the radioactive substances that have already been released into the environment — information I first learned from the federal EPA’s Web site: A fine dust of plutonium-239, discovered in 1941 but kept secret as a national security threat until seven years later, has accumulated over the world like a toxic blanket. Writes Caldicott more specifically: “Five metric tons were thinly dispersed over the Earth as a result of nuclear bomb testing, satellite re-entries and burnups, effluents from nuclear reprocessing plants, accidental fires, explosions, spills and leakages.” One-millionth of a gram is enough to cause cancer. And as far as living organisms on the Earth are concerned, plutonium is forever. It has a half-life of just under 25,000 years. As Caldicott points out, it can’t even be destroyed. “Plutonium does not simply vanish at the death of a contaminated organism. If, for example, someone were to die of a lung cancer induced by plutonium, and were then cremated, contaminated smoke might carry plutonium particles into someone else’s lungs.” Caldicott wrote the book in the same voice with which she speaks, and as I read I pictured her staring me down. This time, I take her seriously. To produce enough electricity to keep Yonkers going for a year, a light-water nuclear reactor would make, as a by-product, just about enough plutonium to obliterate Yonkers. — John McPhee, The Curve of Binding Energy, 1974. There are, at this point, many persuasive arguments against nuclear power. Amory Lovins of the Rocky Mountain Institute can show you graphs and charts proving it produces less energy for the dollar than wind or solar could, if anyone would implement renewables on a large scale. Wall Street analysts complain that even the current energy bill’s generous subsidies for nuclear energy are not sufficient to spur investment. No one knows what to do with the waste. And while its essential generation may be free of toxic air emissions we associate with smog and greenhouse gas, the process of mining and enriching its most fundamental element — uranium — huffs an astonishing load of Earth-destroying chemicals into the air. Caldicott had warned me of this, but I didn’t believe her until I saw the data on the EPA’s Toxic Release Inventory for 2003: The two gaseous diffusion plants at Paducah, Kentucky, and Portsmouth, Ohio, pour almost 10 times the amount of CFC-114 — an ozone-destroying gas banned under the Montreal Protocol — as all other sources in the United States combined. But the most disturbing thing about nuclear power is that fission of any kind, for bombs or watts, creates toxic elements that would not otherwise exist. According to the U.K.’s National Radiological Protection Board, cesium-137 fallout from the Chernobyl accident will likely contribute to 1,000 additional cancers over the next 70 years among the population of Western Europe. Strontium-90, chemically similar to calcium, settles in bones and blood, triggering bone cancer and leukemia. It is perhaps not surprising that cancer clusters can’t be found in the immediate vicinity of nuclear power facilities: According to the EPA, strontium-90 has been so thoroughly dispersed into the atmosphere it is “almost impossible to avoid.” It has been found in milk and ­children’s baby teeth since the late 1950s, most recently by Dr. Jay Gould and a team of researchers in their 2000 study, “Strontium-90 in Deciduous Teeth as a Factor in Early Childhood Cancer,” which reported higher strontium-90 concentrations downwind of certain nuclear power plants. It is not far-fetched at all, then, to imagine that it also turns up in Hershey’s chocolate. Thinking in 10,000-year terms is new to us. We have a long way to go to comprehend even the size of the subject of very long-term responsibility. —Stewart Brand, The Clock of the Long Now: Time and Responsibility — The Idea Behind the World’s Slowest Computer In 1966, a young Stewart Brand dropped LSD, sat on the top of a building in San Francisco and observed the curvature of the earth. That led him to a campaign of buttons and bumper stickers demanding an answer to the question, “Why haven’t we seen a picture of the Whole Earth yet?” A few years later, an Apollo mission shot a vision of the Earth from space fully lit by the sun — the famous “Blue Marble” — and Brand launched the Whole Earth Catalog with the image as his logo. In some respects he was the original techno-environmentalist: The founder, in 1985 of the Whole Earth ’Lectronic Link (the WELL), a force behind Wired magazine, a philosopher who brought together the nature lovers — the “romantics” in Brand’s view — with the scientists. It was a surprise to many, and dismaying to some, when Brand granted nuclear power an honored place in the world’s energy portfolio. In the months since his article “Environmental Heresies” was published in MIT’s Technology Review, many have tried to persuade him otherwise. Clean-energy expert Joseph Romm tried to convince him that the nuclear industry would do just fine without his support — it’s renewables that need his backing. Environmental journalist Mark Hertsgaard wrote a pointed editorial in the San Francisco Chronicle accusing Brand of being, among other things, naive about nuclear power’s economics. Random bloggers have accused him of shortsightedness — a potent irony, as one of Brand’s affiliations these days is with the Long Now Foundation, which he co-founded with Danny Hillis to promote long-term thinking (among their projects is a clock that measures time in millennial increments). But Brand has held firm. The reason: Nothing — no reactor meltdown, no waste-storage conundrum, no fine dust of plutonium spread around the globe will cause as much damage to the Earth as the carbon-induced changing of the climate. “Amory Lovins bent my ear hard with how the economics don’t work,” Brand tells me over the phone from his office in San Francisco. “And indeed, the economics are problematic, but Amory has not done the economics on climate change.” Even if a nuclear disaster occurs, Brand says it won’t be as bad as losing every coastline to global tsunamis. “A fair question you could put to one of your concerned scientists would be, How many Chernobyls equals one abrupt climate change?” says Brand. “A climate change where we have warmer and warmer oceans and deeper and deeper waters, where Florida goes under, and Bangladesh goes under, and we have more and more New Orleans–type events every year? A climate change where the Gulf Stream turns off, and not only Europe but the whole world gets much colder, drier and windier, and the Earth then drops its carrying capacity by 20 or 40 percent? “And what,” Brand continues, “if you can engineer out any Chernobyl at all?” If there’s a lot Brand hasn’t worked out — he didn’t, for instance, know the Pebble Bed Modular Reactor produced so much waste — no matter; Brand has enormous faith in future engineering and human invention. “It may well be true about the pebble bed and waste,” he allows. “But then, okay, back to the old drawing board! That’s exactly the kind of debate about these designs one would like to see in public. I would like to see Greens engaging in it. Let’s bear down and say this or that or this other thing is a problem. Maybe we should be pushing ‘generation five’ nuclear technology — if we even know what it is. What you want is the back and forth instead of one side yelling ‘yes’ and the other side yelling ‘no.’ In the meantime, we can start building some stuff, bearing in mind that the worst nuclear disaster is still a lot better than the worst climate disaster that rachets us into a world we can’t come back from.” As for the waste that so worries Rochelle Becker, that’s easy, says Brand: Open Yucca Mountain for business. It doesn’t have to be perfect forever, because in time, we’ll figure out a better solution. “I think it’s a swell place to park this stuff for a 100 years while we think about what to do with it. A lot of engineers think we’ll send robots back in a few decades to use what will then be high-grade ore.” The way Brand sees it, the problem with Yucca Mountain is that the U.S. government has been trying to figure out how to store nuclear waste safely for 10,000 years. “And that’s a very expensive, irrelevant question,” he says. “The Canadians asked a different question — what do we do with it right now? They got the Indians involved, who told them seven generations is not a bad time frame. Seven times 25 is 175 — so we have responsibility for this thing for 175 years. After that, it is fair to say that it is the next generation’s problem. Let them deal with it.” Bequeathing subsequent generations nuclear waste is “way, way different than losing species you can’t get back. This is passing on an engineering problem to future generations. And that is fair to do.” But how does that square with the express philosophy of long-term thought, of the millennial clock? “When we went to Yucca Mountain, we took a member of our Long Now board,” says Brand. “And we found ourselves fascinated by the pathology of Yucca Mountain and the billions they were spending to study it. They were doing what we were promoting — they were thinking long term. They were thinking ‘Let’s have an absolute bulletproof determination of all that will happen in 10,000 years and develop an engineering solution for all those problems.’ “But this,” Brand continues, “was a case in which thinking in 10,000-year terms was a mistake.” He laughs. “I really liked it, because up until then we thought 10,000-years-plus is a good way to think about everything, but it isn’t. In this case, it created more problems than solutions. It was very bracing for us to learn that.” But will nuclear power save us from the fate Brand warns about? And just how many nuclear reactors would it take to make an appreciable difference in the carbon collecting in the atmosphere? In 2002, the Institute for Energy and Environmental Research did that math and concluded that it would take 2,000 nuclear reactors producing 1,000 megawatts of power to make a dent in carbon emissions from coal-fired plants. At the United Nations, a multinational panel on climate change suggested reversing the carbon trend would require an average of 75 new nuclear reactors every year for the next century. By some estimates, the Earth will run out of uranium before we’d reach that capacity for nuclear generation. Brand, of course, dismisses such estimates as based on old technology and backward data. And this is no time to wring our hands about future uranium supplies and the release of toxic isotopes. We need to stop climate change now. “Chernobyl was local,” insists Brand. “It put a lot of crap into the atmosphere, and people downwind are in bad shape. But climate change is pretty damn universal and inescapable. It’s not like we’re going to go somewhere else.” Most of the world, he argues, will be uninhabitable — not just for humans but for every other species adapted to the seasons as we know them. And perhaps that’s where Brand wins: While climate change has already begun to endanger a diverse range of Earth-bound plants and animals, the consequences of widespread nuclear contamination matter most for humans. The evidence can be found in Chernobyl’s “exclusion zone,” an area 10 kilometers out from the scene of the 1986 fire. A few people have returned to Chernobyl, to the abandoned town of Pripyat and to the formerly Red Forest on the outskirts of the town and reactor, but the exclusion zone remains off-limits to humans, and will remain so for as long as we can imagine. But here’s the twist: In the absence of human impact, the land has reverted to one of the most robust wildlife refuges in the world. According to a report by geneticists Robert J. Baker and Ronald K. Chesser of Texas Tech University, who have conducted 12 research expeditions to the site, moose, roe deer, foxes and river otters frolic within the exclusion zone; 30 kilometers out live wolves, eagles and the endangered black stork. “Diversity of flowers and other plants in the highly radioactive regions is impressive,” wrote Baker, “and equals that observed in protected habitats outside the zone.” Upon his return from the expedition, a government official asked Baker to report on the accident’s consequences to the ecosystem. Baker told him that “the net ecological impact has been positive.” “How it could be possible that the worst nuclear power plant accident in history, releasing between 100 and 200 million curies of radiation into the environment, could produce positive ecological consequences?” the official wanted to know. “The answer was simple,” the men concluded. “Humans have evacuated the contaminated zone.” It’s not that radiation hasn’t harmed the animals — the mice in the freakishly abundant new wilderness show profound genetic mutations — it’s just that “the benefit of excluding humans from this highly contaminated ecosystem appears to outweigh significantly any negative cost associated with Chernobyl radiation.” Nuclear power may change the world after all. ***************************************************************** 23 LA Weekly: Features: Green to the Core? — Part 1 NOVEMBER 11 - 17, 2005 Green to the Core? — Part 1 How I tried to stop worrying and love nuclear power by JUDITH LEWIS Nothing in life is to be feared; it is only to be understood. —Marie Curie A rock, glittery gold and slate colored, has been placed on a table next to a chip of old Fiestaware and a Big Ben clock inside a brightly lit classroom at Southern California Edison’s San Onofre Nuclear Generating Station, the power plant whose twin containment domes define the coastline below San Clemente. Ray Golden, a spokesperson who conducts plant tours for schoolchildren, foreign diplomats and anyone else he can interest in the magic of nuclear fission, is telling me how radiation — in the form of the clock’s glow-in-the-dark radium or uranium oxide that gives the plate its deep reddish-orange hue — has been used for nearly a century in manufactured goods. But it’s the rock, a roughly elliptical piece of solid uranium ore, small enough to fit in my hand but able to throw off radioactive particles as it slowly decays into unstable thorium, radium and, eventually, lead, that attracts me. And when Golden turns his back to write some diagrams on the classroom’s whiteboard, I quickly pick up the rock, cradling it in one hand. Small doses of alpha, beta and even penetrating gamma rays begin to bombard my skin, and I savor the transmutation of elements happening under my very nose. Just about 10 seconds pass before I put the rock back where I got it, unnoticed by Golden. In practical terms, the chunk of ore is no more dangerous than any other stone I might have held. Still, when Golden runs a pale green plastic box, a dosimeter, across the surface of the rock to measure its radioactivity, the machine emits high-pitched beeps with each pass — sometimes slowly, like a moderate pulse, other times in rapid succession like a jammed letter on an old computer keyboard. Each beep represents 200 counts per minute; 2,000 counts makes a millirem, which is atomic science’s metric for absorbed radiation. Holding the rock for 10 seconds, I may have absorbed a millirem of radiation in various forms, which is not so bad: The average person gets about 360 millirems a year just from the radiation that beams down from the sun and occurs naturally in the Earth’s rocks and soil; mile-high Denver residents get nearly twice that. It would take much more to hurt me. “Fifty-thousand millirems would cause a slight change on your body chemistry,” Golden explains. “Five hundred thousand, if you got it in a few hours, would bring on burns, vomiting, sickness, hair loss and, for about half the population, death.” It would be impossible to get that kind of dose from a rock even 100 times the size of this one, and relatively easy to avoid getting any dose at all. Although it usually takes lead or concrete to block gamma radiation, the rock is so small and its gamma rays so weak that it’s mostly sending out alpha and beta particles, and when Golden places a piece of paper between the rock and the dosimeter, the beeping fades. A sheet of Plexiglas stops the beeping altogether. Even plutonium, one of the world’s most toxic materials, emits only alpha particles, which can be blocked by paper, a thin sheet of aluminum or even your skin. “As long as you don’t ingest or inhale [them],” Golden says, “alpha particles can’t hurt you.” Or, in the words of Elena Filatova, the intrepid Ukrainian motorcyclist who documented Chernobyl’s dead zone in photographs, “You can play billiard balls with pure plutonium. Just don’t swallow it by mistake.” Like every magical property of nature that man has harnessed, radiation, Golden insists, is neither good nor bad. But what about nuclear power? Is it good or bad for the Earth? Neither? Five years ago, few of us would have bothered to ask. You were either for or, more likely, against nukes — if you thought about them at all. But nuclear energy is seeping back into our public consciousness here in 2005, which may go down in history as the year in which global warming went from debunkable theory to indisputable fact for a significant part of the population, not simply because of our record-breaking hurricane season or the record-high temperatures in many cities around the world, but the reality that we regularly wake up to find evidence in our mainstream newspapers of an ecology gone awry due to warming seas and blistering droughts — disappearing cold-water plankton and starving seabirds in the Shetland Islands, the Russian ship that sailed to the North Pole in August without the aid of an icebreaker, the sudden disappearance of certain butterfly species in Baja. In light of these conditions, almost anything seems better than burning more coal, which for every megawatt of power blasts a ton of heat-trapping carbon dioxide into the skies. This is one reason why nuclear has reemerged as a viable source of energy for new power plants — not just among George W. Bush and his business buddies (who like the idea of more nuclear and more coal), but even among futurists, environmentalists and Democrats in the U.S. Senate, from quasi-Republican Joe Lieberman to new hope Barack Obama. “Nuclear power is the only green solution,” began a spring 2004 editorial in London’s Independent by James Lovelock, the progenitor of the Gaia theory of the Earth as a self-correcting, self-regenerating organism. “We cannot continue drawing energy from fossil fuels, and there is no chance that the renewables, wind, tide and water power can provide enough energy and in time . . . we do not have 50 years.” Stewart Brand, the visionary founder of the Whole Earth Catalog, followed Lovelock this year in Technology Review: “The only technology ready to fill the gap and stop the carbon dioxide loading of the atmosphere is nuclear power,” he wrote. “The industry is mature, with a half-century of experience and ever improved engineering behind it.” Later came Patrick Moore, a co-founder of Greenpeace (although he quit the group a decade ago), the recently deceased Reverend Hugh Montefiore of Friends of the Earth in England and Fred Krupp, the notoriously well-paid head of Environmental Defense, who stopped short of endorsing new plants but conceded that “we all should have an open mind” about nuclear power. At first I was tempted to treat these statements as curiosities, extreme positions meant to stir controversy. But all this year I’ve met serious environmentalists, from Randy Udall of the Aspen-based Community Office for Resource Efficiency to a Bay Area friend who runs an energy efficiency company, who share Krupp’s “open mind” sentiment. Even Jared Diamond, author of Collapse: How Societies Choose to Succeed or Fail, recently made his support for nuclear power explicit when he appeared with Brand before an audience in San Francisco. Is it possible that we have come to this: a choice between a catastrophic warming trend and the most feared energy source on earth? Back in the learning laboratory at San Onofre, where I’ve come on my own open-minded journey to test my assumptions about nuclear power, Golden holds up a small vial of yellow powder: uranium oxide, or yellowcake uranium, milled and refined — the substance at the heart of the current CIA leak investigation. Before its atoms’ energy can be harnessed, uranium oxide has to be enriched, by centrifuge or by being turned into a gas and passed through a series of membranes, a process called “gaseous diffusion.” Uranium comes out of the ground only .7 percent uranium-235 (or U-235); fueling a light-water reactor like San Onofre’s requires a concentration of 4.7 percent U-235. Using a mock-up of a reactor core that stands at the front of the room — a contraption that looks like the inside of a miniature pipe organ — Golden demonstrates how uranium pellets the size of baby fingertips fill the core’s 236 zirconium tubes, which are then bundled together in a fuel assembly. The few times I’ve seen the stout, easygoing Golden at public meetings and on this tour, his face has had the look of a perennial mild sunburn, and his reddish-blond hair always looks bleached by the sun. He has worked in public relations for the nuclear industry 23 of his 45 years on Earth — his own nuclear half-life. He accuses the nuclear industry of “falling down on the job” by keeping so many secrets about its world, and holds that if the American public, like the more nuclear-friendly French, knew all the facts — what happens when atoms split, how unstable nuclides decay, how uranium is enriched and waste is transported — nuclear energy might be more popular with the American public. “Most Americans think they know about radiation because of Chernobyl, science fiction or the three-eyed fish in The Simpsons,” he says. “So as a country, we are phobic about radiation.” Of course, the U-235 that fuels San Onofre is highly fissile: When one of its atoms absorbs an extra neutron, its nucleus splits and forms other nuclides, including radio­active versions of strontium, cesium and iodine, along with plutonium. It also lets loose more neutrons to hit other U-235 atoms, provoking a chain reaction of fission events. Fission generates heat, which in a light-water reactor turns water into steam. Maintaining the right balance of fission events — keeping the reactor at a “critical” state — is a tricky process. If too many neutrons fly around splitting atoms, the core gets too hot, in which case operators insert control rods made of boron and silver into the fuel assembly to slow or stop the chain reaction and avert a meltdown. If it doesn’t stay hot enough, the core loses power, provoking a different set of events that can lead to an equally disastrous loss of control. If the reactor drifts in either direction, or if for some reason the core loses too much water — which cools the core at the same rate it transfers heat — a partial or complete meltdown could result. In the early days of nuclear power, many people feared that once a meltdown was in process, it would continue to melt through the Earth’s core from North America all the way to China: the “China Syndrome” of the movie’s title. On the face of it, nuclear power seems like a lot of trouble just for a little steam to run a few turbines to produce a few thousand megawatts of electricity. The Rocky Mountain Institute’s Amory Lovins, a steadfastly anti-nuclear advocate of conservation and green power, has likened nuclear power to cutting butter with a chain saw. But the flip side of that excess is nuclear’s other great advantage: how small a uranium pellet it takes to power the world. The fission of one uranium atom releases 200 million electron volts of energy. “Our core is only a 12-foot cube,” Golden says, “yet it powers 1.2 million homes for four years before you ever need to refuel.” The trillions of fissile atoms in one tiny uranium pellet yield enough energy to replace 150 gallons of gas, 1,780 pounds of coal, 16,000 cubic feet of natural gas and two and a half tons of wood. And they do so without adding an ounce of greenhouse gases to the atmosphere. It is widely accepted that one nuclear power plant spares the atmosphere the emissions of 93 million cars. When the pellets have been depleted down to 1 percent U-235, specially trained plant workers replace them with fresh fuel. Some other countries, France and England among them, take this waste and reprocess it, separating out the remaining U-235, as well as the plutonium, cesium and other useful nuclides, reducing the remaining waste by 75 percent. In the U.S., the spent fuel rods go into storage pools on site until they’ve cooled enough to be moved into dry-cask storage. And that’s the problem. Like everyone in the nuclear industry, Golden is acutely aware that no such dry-cask storage for those fuel rods exists. The spent fuel at San Onofre has been sitting in its cooling pools since the first refueling of Unit 1 in the early 1970s. “It’s an issue,” admits Golden. The U.S. had two reprocessing facilities, one in West Valley New York that operated for only a short time and another in Morris, Illinois, that never actually recycled any fuel. Both were shut down when Presidents Ford and Carter declared moratoriums on the technology out of concern for proliferation. The country’s only candidate for long-term storage of high-level nuclear waste, which includes spent fuel rods, is a five-mile-long tunnel bored through the rock at Yucca Mountain, Nevada, an endeavor that has been fought at every turn by the state of Nevada. The Department of Energy has missed its contractual deadline for receiving commercial high-level waste by more than seven years. Southern California Edison and Pacific Gas and Electric, which owns the Diablo Canyon Nuclear Power Plant near San Luis Obispo, have sued to recover costs of storing the fuel themselves. This past spring, the National Academy of Sciences issued a report warning that the spent-fuel cooling pools have been inadequately protected and could be targets for terrorists. If the matter of where to put nuclear waste makes reasonable people uncomfortable about the continuing use of nuclear energy, the prospect of a nuclear accident has turned many others more hysterically against it. The history of commercial nuclear power in the United States is full of mishaps — the 1959 meltdown of the Sodium Reactor Experiment in Santa Susana, 30 miles north of downtown L.A.; the 1975 control room fire at Browns’ Ferry in Athens, Alabama, and, more recently a significant cooling system leak at the Davis Besse plant in Ohio. The most famous of those accidents, the partial meltdown in 1979 at Three Mile Island, near Harrisburg, Pennsylvania, has been blamed for turning the American public against nuclear reactors for good, even though the electricity market had already begun to cool toward a technology that simply cost too much to start up. Whatever remnant of pro-nuclear public sentiment remained was finally erased shortly after April 25, 1986, when the graphite core of Chernobyl Unit 4 in then-Soviet Ukraine caught fire while workers were testing the reactor to see whether its safety systems could run without backup power. Thirty-one people died as a direct result, and a cloud of poison gas drifted across Ukraine, Belarus and much of Europe, contaminating the soil for millennia to come. The surrounding area was dubbed “the Red Forest” after its irradiated pine trees turned a deep red. But nuclear’s proponents argue that by all accounts, the Soviet RBMK reactor at Chernobyl was a backward design with no containment and large amounts of flammable graphite; poorly trained operators were executing a flawed experiment in running the reactor on its own power when it got so hot they could no longer control it. Accidents in the United States have so far simply not amounted to much: It’s useful to remember that no one died at Three Mile Island — at least not officially. And, while opinions of the incident’s effects differ, no one has proved that any radioactivity that might have escaped into the atmosphere during the meltdown endangered anyone’s health. California’s two remaining nuclear plants have, by industry standards, stellar safety records — in part, some say, because the state’s powerful cadre of anti-nuclear activists has ridden herd on them since they were built, forcing state and local authorities to police every misstep — but also because they have been well run by large public utilities that, at least until the deregulation of California’s electricity market, had the resources to prioritize safety. “Every day we manage complacency,” says Golden. “Every day we re-dedicate ourselves to safety. Every employee here who complains has their complaint taken seriously, even if it’s just about the food in the cafeteria. We want everyone to feel comfortable blowing the whistle if they have to.” The plant’s record is not spotless: In 1980, the Nuclear Regulatory Commssion, the federal agency charged with monitoring plant safety, fined Southern California Edison $100,000 after 66 workers received higher-than-acceptable doses of radiation while fixing leaky steam tubes; four years later, Edison paid the same fine after some fuel rods disintegrated during refueling. Unit 1 was shutdown for good in 1992 when its cracks cost too much to fix, and in 2001, an electrical fire on Unit 3 forced a four-month shutdown of that reactor. Just this summer, a plant worker failed a breathalyzer test and spent 30 days in rehab. But most of San Onofre’s safety violations are far more ordinary. Outside the building that houses the reactor itself is a sign registering the number of days since a such an event occurred. The day I visit, the sign says it’s been 28 days since the last incident. “What happened?” I ask Golden. He points to a short flight of stairs. “Someone tripped,” he tells me, “and broke his ankle. A compound fracture.” “It’s all lies.” Dr. Helen Caldicott throws back her red-streaked blond bob, flashes her blue eyes — really, she does — and stares across the table at me as if she’s about throw a punch. “They say they’re clean, do they? Nuclear power plants? Well, let me tell you: Millions of curies of radioactive gases are released in an unregulated way every year from nuclear power plants. And isotopes into the water. And we haven’t even talked about the radioactive waste.” (A curie, by the way, differs from a rem in how it measures radiation — by the activity of the material instead of the absorbed dose. One curie is the amount of radiation given off by one gram of radium. The 12 radium dots on the old Big Ben dial at San Onofre emit three one-thousandths of a curie of radiation.) Stewart Brand, whom Caldicott has not heard of, “doesn’t know what he’s talking about.” James Lovelock, “to use a crude Australian expression, has his head . . . somewhere. He doesn’t know what he’s talking about; I really resent him.” And Fred Krupp of Environmental Defense Fund, his fence-sitting on nuclear notwithstanding? “He’s really a front for the nuclear industry. They all have fronts. So in order to do your reporting well, you have to investigate who these people are, and what connections they have, and if they’re biologists or not. And if they’re not, just discount what they say.” It’s true that almost all of Caldicott’s fellow firebrands who have come out in favor of nuclear power have some ties to the energy industry, be they financial or merely philosophical: Brand’s Global Business Network, for instance, secures funding via corporate members who pay $40,000 a year for a suite of services; among them are nuclear-power providers PG, Southern California Edison and Duke Power. GBN co-founder Peter Schwartz, who co-authored a pro-nuclear article in Wired magazine last winter, was once head of scenario planning at Royal Dutch Shell. And Lovelock serves as an informal adviser to the French-based Association des Ecologistes Pour le Nucléaire (Environmentalists for Nuclear). Yet while Krupp earns a controversial salary — over $300,000 a year according to tax records available on EDF’s Web site — there’s no evidence that he’s a “front” for anybody. He is not, however, a biologist, a physician or a geneticist, but a lawyer. Which means, spits Caldicott, he lacks all qualifications to opine about nuclear energy. “You might as well unleash him into the operating theaters and let him operate on patients. It’s as serious as that.” On a furnace-hot day in late May outside a San Pedro theater, Caldicott awaits her turn to rally opponents of liquefied-natural-gas terminals in Long Beach. For the occasion, she is dressed in a buttonless blue suit with a fluiddrape that emphasizes the fact that she almost never stops moving. Her elegant hands flail, she shifts in her chair, she shakes her head in exasperation. Her perpetual apoplexy is charming, even lovable, but not quite likeable — a distinction I hadn’t thought to make before I met her. Like a televangelist, she expects personal admissions of sin and shame in her presence; I make sure to tell her I traveled here by public transportation, then foolishly add that I’m grateful for the air-conditioning in city buses. “But you’ve got no right to run air-conditioning,” she chides. “You’re pouring HCFCs into the atmosphere. You shouldn’t do it.” Throughout most of the 1970s and ’80s, the Australian-born Caldicott was the center of the international anti-nuclear vortex. She wrote books, fought off the French effort to conduct atmospheric testing in the South Pacific, linked arms with Australian uranium miners who were dying of lung cancer. She has been lauded for her precisely targeted fury, but also ridiculed for her seemingly nuttier pronouncements. In the wake of the accident at Three Mile Island, Caldicott asserted that Hershey’s chocolate, made from the milk of cows that graze near the Pennsylvania plant, had been tainted with strontium-90. “We don’t know the ground measurements where the cows graze because they kept that secret,” she admits. “But I’ve been saying it for years: Don’t eat Hershey’s chocolates. They haven’t sued me. You shouldn’t eat them.” These days, Caldicott spends 50 percent of her time raising funds for the Nuclear Policy Research Institute, a D.C.-based nonprofit dedicated to “creating consensus for a nuclear-free future.” She opposes nuclear technology in all its forms — from nuclear weapons to fission-generated electricity, it’s all the same to her. “The nuclear industry,” she says, “is a cancer industry. Nuclear power is going to induce millions of cases of cancer, particularly in children who are so radiosensitive. And it causes genetic disease, not just in humans but in other creatures. So it’s an evil industry, medically speaking.” I remark that several credible nuclear-safety advocates I have interviewed so far, including Rochelle Becker of the Alliance for Nuclear Responsibility, Michael Marriott of the Nuclear Information Resource Service (NIRS) and Dave Lochbaum of the Union of Concerned Scientists, have declined to make any proclamations about the health risks of living near nuclear power plants; the studies, say all three, are just not complete. Caldicott glares at me. “There are many studies. If they don’t know they should know. They’ve got no right not to know. Around Sellafield in Britain, which is also a reprocessing plant and a nuclear reactor, there are large clusters of cancers there. There are clusters of cancers in Wales, on the Irish Sea, which is the most polluted sea in the world, polluted by Sellafield. “In fact,” she says agitatedly, “the literature is replete with malignancy in people who live near reactors. But because of the latent period of carcinogenesis, the incubation time for cancer is five to six years. You have to wait for a while and do a decent epidemiological study to assess what’s going on.” In 1991, the National Cancer Institute in the U.S. conducted what might be considered a “decent epidemiological study” of deaths from 16 types of cancer, including leukemia, in 107 U.S. counties “containing or closely adjacent to 62 nuclear facilities,” all of which had been built before 1982. The survey compared cancer death rates before and after the facilities went online with similar data in 292 counties without nuclear facilities. After four years of research, the team of epidemiologists found no general increased risk of death from cancer near nuclear facilities. In some counties, the relative risk for childhood leukemia from birth through 9 years dropped a statistically insignificant few hundredths of a point after the startup of a local nuclear facility. The areas surrounding four facilities, including San Onofre, showed significantly lower rates for leukemia in teenagers compared with the rest of the country. A University of Pittsburgh study of the area within a five-mile radius of Three Mile Island showed no statistically significant increase in cancer rates 20 years after the accident at the reactor in 1979. What’s more, neither soil nor air samples in the area around Three Mile Island have been kept from the public. According to the Carter-era EPA, close to 10 percent of some 800 milk samples from local dairy farms the month after the accident showed trace amounts of radioactive contamination. But the highest concentration was still 40 times less than what showed up in milk after the fallout from Chinese nuclear testing in October 1976 that passed across the United States. None of which placates Caldicott. “If you look at my book, Nuclear Madness, I cite many studies. But they’re not government studies, because the government doesn’t do the studies. A, they’re difficult to do. You have to wait until people actually die, and there’s a mobile population. B, it’s expensive — you have to do autopsies on all of them, and C, you have to compare them to an unexposed group, and D they don’t want to find out.” At this point, I can only gaze across the table with a quizzical smile as Caldicott, in all her fired-up glory, rants on about all the things Americans “have no right” to do — drive cars, farm large tracts of land, spew 25 percent of the world’s carbon dioxide. “This country,” she says, “is quite obscene.” As an activist, she is magnificent. Inside the theater, she gives a speech so vivacious and funny no one seems to mind that she doesn’t have much to say about liquefied natural gas. But she won’t talk about children with asthma in the shadow of Tennessee’s coal-firedpower plants, or whether hurricanes have grown more intense because the climate is changing, or whether it’s possible to engineer safer models of nuclear reactors. “Listen to me,” she says. “You’re trying to balance both sides on this, and you can’t. There are no two sides to this issue. It’s like having a factory full of polio virus. And when the virus reproduces it makes heat and you turn the steam into electricity. But, by the way, millions of people might get polio. It’s exactly the same thing. “Promise me you’ll read my book Nuclear Madness before you write your article, okay? Promise me? Because then you won’t be confused anymore. Then you’ll know.” Look, you don’t want to go out and build a plant, spend all the money, and have the license jerked at the last minute. [Laughter.] Nobody’s going to spend money if that’s the case. —George W. Bush, speaking at the Calvert Cliffs Nuclear Power Plant, June 22, 2005   No new orders for nuclear plants have been submitted in the U.S. since 1974, and none have been built since 1985. This is in part due to the accident at Three Mile Island, which happened 12 days after the popular movie The China Syndrome hit the theaters, and in part because of economics — many of the early plans were “turnkey” operations, so named because the manufacturer — General Electric, Westinghouse or Bechtel — paid for their construction (all the utility had to do was “turn the key”). When subsidies for new reactors disappeared, so did plans to build them. Nevertheless, nuclear fission still generates a full fifth of the country’s power. And to replace that energy with the other most readily available source, coal-fired power, would add 600 million metric tons of carbon dioxide to the atmosphere every year. But either we replace it or lose it, because those 103 light-water reactors are fast closing in on the end of their natural lives. Thirty-two of the original licenses the Atomic Energy Commission (later the Nuclear Regulatory Commission, or NRC) granted to nuclear plants have already expired and been renewed; applications are pending on another 16, and many more will run out in the next 20 years, including licenses granted to the 2,200-megawatt San Onofre Units 2 and 3 and the Diablo Canyon Nuclear Power Plant, whose two reactors power some 2 million homes. Like many other aging plants around the country, both San Onofre and Diablo Canyon will require extensive repairs to continue operating to the end of their licensing periods: Southern California Edison claims that the tubes in San Onofre’s steam generators are up to 11 percent cracked (the NRC allows 21 percent cracking before replacement) and has set the regulatory gears in motion to replace them for nearly $700 million; Pacific Gas &Electric already has preliminary approval from the California Public Utilities Commission to repair Diablo Canyon. But it isn’t enough to repair the old plants. “Without new construction,” explains the Department of Energy’s Rebecca Smith-Kevern at a workshop at the California Energy Commission during the second week in August, “nuclear capacity will fall off rapidly in the mid 2030s and be nonexistent by 2056.” If that happens, she warns, “the crucial challenge of capping and ultimately reducing U.S. and world greenhouse gas emissions would be considerably more difficult.” Eleven countries around the world are now constructing 30 nuclear power reactors, including India and China, which has plans for, literally, dozens more in the next half century — not necessarily to save the planet but because oil won’t last forever. Uranium, by contrast, is abundant, inexpensive and not controlled by any cartel. The Department of Energy’s “Nuclear Power 2010” program aims to jump-start the process of building new reactors — to explore new sites, speed the regulatory process and streamline licensing. At the August workshop, Smith-Kevern unveils a raft of new reactor designs — “evolutionary, not revolutionary” reactors, such as GE’s “simplified boiling water reactor,” and Westinghouse’s “advanced passive” pressurized water reactor. Next in line are the “Generation IV” technologies, such as gas-cooled fast reactors, lead-cooled reactors and molten-salt reactors. All reduce waste, have the potential to burn existing waste and produce economically competitive electricity, says Smith-Kevern, at 1.5 cents per kilowatt hour (electricity from coal-fired plants costs just over 2 cents per kilowatt hour; gas-fired electricity runs upward of 3 cents a kilowatt hour, according to the Utility Data Institute). They feature passive safety systems — controls that kick in without operator action — and address proliferation concerns by never separating plutonium from the waste. With the help of the new energy bill President Bush signed August 8, nuclear ambitionsmay actually have a prayer. Bipartisan efforts on nuclear power’s behalf secured benefits for the industry ranging from generous tax credits for new nuclear generation to a 15-year extension of the Price-Anderson Nuclear Industries IndemnityAct — a controversial 1957 law limiting the industry’s liability in the event of major accident. The energy bill also directs the NRC and the DOE to develop a strategy for licensing a “Next Generation” nuclear reactor that will produce hydrogen for transportation. The first Next Generation Nuclear Plant (NGNP) is scheduled to be online at the DOE’s Idaho National Laboratory by 2021. One of the more popular Next Generation designs is the Pebble Bed Modular Reactor (PBMR), a compact gas-cooled reactor with fuel assemblies the size of tennis balls filled with pellets of 10 percent U-235. Westinghouse plans to pitch a PBMR to the U.S. this year; South Africa’s Eskom Energy already has PBMRs in development. Unlike light-water reactors that use water and steam, the PBMR cools its core and drives its turbines with pressurized helium. Because the reactor’s 400,000 “pebbles” are fed into the reactor core little by little, a meltdown, at least in the conventional sense, is almost impossible. The PBMR is thought to be so safe, in fact, that it doesn’t require the four-foot-thick concrete containment building common to light-water reactors. Neo-nuclear environmentalists consider it a significant improvement in safety. Stewart Brand wrote last spring that “problematic early reactors like the ones at Three Mile Island and Chernobyl can be supplanted by new, smaller-scale, meltdown-proof reactors like the ones that use the pebble-bed design.” “It has some good features,” says Dave Lochbaum at the Union of Concerned Scientists. “Studies have shown that even if a [PBMR] cooling line breaks, it won’t melt down. I’ve come to Lochbaum, who works out of a tiny, barely ventilated office in Washington, D.C., because he has a reputation among anti-nuclear activists and industry advocates alike for limiting his assertions to what he knows to be true. And his organization is as nervous about climate change as it is about the perils of nuclear power plants. “By not using water you’ve significantly reduced the amount of low-level waste you generate,” Lochbaum says, and then pauses. “On the other hand, there is no free lunch. While it may not melt down, it could catch on fire. The pebble bed is like the Chernobyl reactor in that it uses an awful lot of graphite. None of our reactors operating in the United States use graphite in the core. Graphite’s just carbon. If the carbon catches on fire, it’s pretty hard to put out. It’s particularly hard if you’re using airflow to cool the reactor, which the pebble bed does. If you have a fire and you stop the airflow, you also stop the heat removal. So you may stop the fire and start the meltdown. “You may not be able to get ‘fireproof’ and ‘meltdown proof,’” Lochbaum says. “You may have to pick one or the other.” Which one is worse? “I don’t know,” he says. “The Three Mile Island accident was a meltdown. It released a lot of radioactivity into the environment. We’ve never been sure how much. Chernobyl was a fire. Smoke carried the radioactivity into the environment. I guess they’re pretty much the same.” There’s one other problem with the pebble-bed reactor, one that’s less a safety issue than a logistical one: “Because the pebble-bed doesn’t have the same power density, or octane rating, as our current plants do, it generates about 10 times as much spent fuel for the same amount of electricity.” In other words, 10 times the waste. It is another unnaturally hot spring day when I visit Lochbaum, who cools his office with a small fan. The son of a nuclear engineer, Lochbaum worked in the nuclear industry for 14 years before the owner of Pennsylvania’s Susquehanna Nuclear Generating Station ignored his warning about a potentially deadly design flaw in the plant’s spent-fuel pools. Frustrated, Lochbaum submitted a lengthy report to the NRC, from which he received no response. Only much later, when another plant owner, concerned about the same problem at his plant, requested the report, did Lochbaum learn that in his haste to submit the report, he’d made one-sided copies of two-sided pages: Every other page was blank. “It’s evidence to me that the NRC never actually read my report,” he says. Lochbaum eventually went to Congress with his concerns, where safety improvements were mandated for Susquehanna and other plants with the same issue. He worked in the industry for three more years before joining the Union of Concerned Scientists in 1996. Lochbaum describes himself, and UCS, as “neither for nor against nuclear power — we’re just safety advocates, and we’re concerned about global warming, too.” But he is clearly not optimistic about nuclear energy’s future. It’s not so much the technology itself; Lochbaum believes it can be made to work, and made to work safely. But as the electricity market around the country becomes increasingly deregulated and competitive, plant owners have more cause to put profit above reliability and safety. And the NRC is not working the way it’s supposed to: According to a 2003 report by the NRC’s inspector general and the Government Accountability Office, 47 percent of NRC employees don’t feel comfortable raising safety issues. “We get more calls from NRC employees than from employees of all the plants combined,” says Lochbaum. He shows me a “bathtub curve” diagram from UCS’ ­literature: All the major accidents associated with nuclear power happened toward the beginning of each light-water reactor’s break-in phase, on the left-hand slope of the chart’s curve. “Our concern now is that all our nuclear power plants are in the wear-out phase,” he says. Lochbaum points to the right-hand, upward slope of the tub. “Left unchecked, we’ll start putting names on this side.” Thank you most of all for nuclear power, which is yet to cause a single, proven fatality, at least in this country. —Homer Simpson, saying grace in the Simpsons episode “Oh, Brother Where Are Thou” To read the second part of the article Green to the Core? ***************************************************************** 24 courant.com: Energy Crunch May Be On Way November 10, 2005 By PAUL MARKS, Courant Staff Writer New England could feel the pinch of energy shortages within the next five years unless it speeds development of power plants, natural gas pipelines and electric transmission lines to ensure a reliable regional energy supply, says a report issued Wednesday by the New England Energy Alliance. The recently formed coalition of energy producers, pipeline companies and business groups said there is "no silver bullet" available to solve energy supply problems. Instead, the existing system of nuclear, fossil-fuel and hydroelectric power plants must continue to expand while new technologies, such as wind power, are brought on line. "Our assessment of the region's resources indicates that we are at a critical point today," said Susan Tierney, a former U.S. Department of Energy policy official who prepared the report for the energy alliance. "Energy shortages could be acute soon - by 2010 at the latest," she said. With energy projects taking years to permit and build, she said, "it means that policy-makers need to act aggressively now to avoid problems in the future." Spokesmen for Connecticut Light &Power and Yankee Gas, the distribution companies of Northeast Utilities Co., welcomed the report. "Their findings are not unexpected. In fact, they reinforce what CL has been saying for years, especially with regard to electricity," said Mitch Gross, the power company spokesman. "Upgrade the infrastructure, and get the power to where it is needed." This is especially vital to densely populated southwestern Connecticut, Gross said. He noted that CL is building a new 21-mile power transmission line between Bethel and Norwalk. Earlier this year, he added, the company won approval to build a similar 69-mile line between Middletown and Norwalk, starting in 2007. "On the distribution side, we've been in the midst of a multiyear upgrade throughout Connecticut," Gross said, "although we have a long way to go." At Yankee Gas, spokeswoman Sandy St. Pierre said the company has been pushing to expand its system for the past four years. And progress can take years. Earlier this year, construction began on a liquefied natural gas storage and production facility in Waterbury that initially was proposed in 2001, she said. "We knew back then the demand for natural gas was growing," St. Pierre said. Within as soon as two years, the coalition report said, demand for both electric power and natural gas may exceed available supplies and delivery capacity. In recent years, New England has relied more and more on natural gas for electric power generation - about 40 percent now, up about 10 percentage points since 2001. The urgent need for more gas supply argues for the development of projects such as Broadwater Energy's controversial proposal for a liquefied natural gas terminal in Long Island Sound, said Carl Gustin, president of the alliance. "There is a sense of urgency about future energy supplies," Gustin said, and regulatory delays and citizen opposition to certain projects can have the effect of "stifling or chilling investment in the region." Joel Gordes, a West Hartford energy consultant and former state legislator, said the report is somewhat self-serving because it argues for the kind of expansion that power companies and pipeline companies long have sought. "I'd say that they're pushing the same old fossil-fuel and nuclear [generation] agenda as in the past, and solar and conservation are getting the short shrift," he said. Gordes said that two years ago the General Assembly cut state funding of its Connecticut Energy Efficiency fund as a deficit-reduction measure. In 2004, he said, a study done for the Energy Conservation Management Board, which Gordes serves on, concluded that broader use of conservation measures and better management peak power demand "could hold load growth to zero." Connecticut already has built close to $1 billion in new electric transmission lines in recent years, Gordes said. He opposed that, saying a better solution would have been "distributed generation" - the construction of small power generation stations close to the homes and businesses using that electricity. Relying on LNG from foreign suppliers to supplement gas from North America carries particular risks, Gordes said. The No. 1 and No. 2 LNG producers, Trinidad and Tobago and Algeria, suffer from political instability and would be vulnerable to an Islamist coup, he said. "Do we want to rely on that for our gas supply?" he said. To comment on this story, or to request a correction click here to send a message to Karen Hunter, The Courant's reader representative. Click here to read Karen's daily Weblog. Subscribe to the Hartford Courant today and receive up to 50% courant.com is Copyright © 2005 by The Hartford ***************************************************************** 25 Boston Globe: More cracks found in Vermont Yankee steam dryer - Boston.com + More cracks found in Vermont Yankee steam dryer Associated Press The Vermont Yankee nuclear plant has found dozens more cracks in a key plant component, but plant and Nuclear Regulatory Commission officials said Thursday that they don't matter much. November 10, 2005 --> [The Associated Press] By David Gram, Associated Press Writer | November 10, 2005 MONTPELIER, Vt. --The Vermont Yankee nuclear plant has found dozens more cracks in a key plant component, but plant and Nuclear Regulatory Commission officials said Thursday that they don't matter much. Vermont's three-member congressional delegation wrote to the NRC urging it to take a close look at the issues surrounding the 62 cracks found in the plant's steam dryer, a component at the top of the reactor that removes moisture from steam before it is sent to the plant's turbine. Entergy Nuclear, Vermont Yankee's owner, said the cracks had been found with a new, higher-resolution remote camera. It said it had consulted with the Nuclear Regulatory Commission and with General Electric, which built the reactor, and that all agreed the cracks "are acceptable because they are not structurally significant and are likely to have occurred in the early years of plant operation and further operation will not affect their condition." Neil Sheehan, a spokesman with the NRC's Northeast regional office, concurred. "We're satisfied that the plant can safely operate with its current power level," he said. Whether Vermont Yankee can run at a 20 percent higher power output -- a change it is seeking the NRC's permission to make -- is an open question, Sheehan said. "As far as whether they can operate under uprate conditions, they owe us an evaluation by the end of the month of these new cracks and how they might affect that," he said. Vermont's congressional delegation -- Sens. James Jeffords and Patrick Leahy and Rep. Bernard Sanders -- sent a joint letter to the NRC saying that the steam dryer cracking should be studied closely, particularly given Vermont Yankee's request to increase its power output. "As the NRC reviews the Vermont Yankee power uprate request, we believe it is essential that our constituents receive needed information about whether the plant's steam dryer will be able to withstand boosted power conditions and operate safely and reliably," the lawmakers said. "The functioning of this piece of equipment should receive the (NRC's) full and thorough attention during the review of the uprate application." Arnie Gundersen, a former nuclear industry engineer who has been acting as a technical adviser for the nuclear watchdog group New England Coalition, said that if the 62 cracks were present for years or even decades, that meant plant personnel missed them when they did an inspection last year that found just 18. "It certainly calls into question the first inspection," Gundersen said. "Either they were wrong in 2004 or they're wrong in 2005." The fact that the NRC agreed with Vermont Yankee that the cracks would not affect the plant at its current power level "demonstrates the NRC's priorities for protecting the licensees as opposed to protecting the public health and safety," said Raymond Shadis, a technical adviser to the New England Coalition. "Anybody that is involved in any kind of metal fabrication, welding, metalurgy or related disciplines understands that surface cracks are ... a significant symptom of larger stresses," Shadis said. Public Service Commissioner David O'Brien declined to comment on the newly found cracks. His department negotiated a settlement with Entergy under which it supported Vermont Yankee's power boost request before the Public Service Board, which gave it conditional approval in March of 2004.[ /] © Copyright 2005 Associated Press. All rights reserved. This ***************************************************************** 26 AGI: NUCLEAR: BERLUSCONI, EUROPE NEEDS NEW NUCLEAR PLANTS Agenzia Giornalistica Italia - News In English Friday November 11, 2005 h.08.43 Italy On Line Special service by AGI on behalf of the Italian Prime Minister's office Rome, Italy, Nov 10 - Silvio Berlusconi, appearing at the first Notaries of the EU conference, gave a list of all the reason why Europe "finds itself in difficulty". Amongst these, the Prime Minister underlines the problem of high energy costs; "We are dependent on other countries for oil and gas, we spoke of this in the last European summit. We must look more closely at this problem." Berlusconi said that Italy could not go it alone; "Only Europe can decide to give life to a new project of realisation of nuclear plants because the individual countries do not have the strength to and the word 'nuclear' frightens everyone, but it is an essential need of the future." (AGI) - 101434 NOV 05 COPYRIGHTS 2002-2005 AGI S.p.A. [Invia questo articolo] Invia questo articolo ***************************************************************** 27 Vermont Guardian: More cracks found in Vermont Yankee dryer By Kathryn Casa | Vermont Guardian Posted Nov. 10, 2005 BRATTLEBORO Inspectors at the Vermont Yankee Nuclear Power plant discovered another 46 hairline cracks in the reactors problematic steam dryer during a regular refueling outage, prompting a call by Vermont's congressional delegation for closer review of the component. The fissures were found with specialized remote-controlled underwater cameras that were being used to check the welds on some 40 steam dryer cracks discovered in 2004, according to a press release from VY spokesman Rob Williams. They are in addition to 16 cracks found during the last refueling outage, according to federal regulators. The high resolution inspection of the steam dryer in this outage and the previous outage have identified a total of 62 shallow hairline surface cracks that Entergy, General Electric and the Nuclear Regulatory Commission staff have determined are acceptable because they are not structurally significant and are likely to have occurred in the early years of plant operation, according to Williams. He said further operation of the reactor will not affect their condition. Entergy is the Mississippi-based corporation that owns Vermont Yankee, and is seeking to increase power there by 20 percent. General Electric is the company that built the 33-year-old boiling water reactor. The development prompted Vermont's three-member congressional delegation to call for more testing of the steam dryer. "We believe it is essential that our constituents receive needed information about whether the plant's steam dryer will be able to withstand boosted power conditions and operate safely and reliably," wrote Sens. James Jeffords, I-VT, and Patrick Leahy, D-VT, and Rep. Bernie Sanders, I-VT, in a letter Thursday to NRC Chairman Nils Diaz. We request that the condition of the steam dryer be fully evaluated, using the techniques of the most recent inspection and any other appropriate means, as the NRC considers Entergy Nuclear's request to produce an additional 100 megawatts of power from Vermont Yankee," they wrote. Jeffords is ranking member of the Senate Environment and Public Works Committee. Williams said operators were preparing Thursday to restart the reactor, which has been shut down in refueling mode since Oct. 22. The outage was based on 18 months of planning and involved more than 5,000 separate tasks including refueling the reactor, as well as testing and inspection of virtually every component and system in the plant, Williams said in a press release. In addition, several equipment upgrades were completed to support a proposed increase in power output. It is unclear what effect the increased vibrations of a power uprate would have on the steam dryer. Although it is not considered a safety component, breakage could lead to complications within the plants safety systems. NRC Region I spokesman Neil Sheehan said a special inspector was sent to Vernon to review Vermont Yankees steam dryer work during the outage. We have not identified any problems with the company's evaluation and determination that the steam dryer will be safe to operate following the outage, at current power conditions, Sheehan said in an e-mail Thursday. However, Entergy will be required to conduct an evaluation of the new cracks for uprate conditions by the end of this month, Sheehan said. The VY uprate application is believed to be in its final stages. In a draft safety report issued late last month, NRC staff said the plant could be uprated safely. A two-day meeting and public hearings on the uprate are set for Nov. 15-16 in Brattleboro. Nuclear watchdog Ray Shadis, technical advisor to the New England Coalition, a citizens group fighting the uprate, said the cracking is far more serious than either the NRC or Entergy have indicated. Anybody who understands how metal is stressed understands that surface indications are very, very serious because they reflect what is beneath the metal, Shadis said. Therefore, the uprate should not proceed until a thorough analysis is done. Shadis rejected the contention by Entergy and the NRC that the cracks were not recent. Why didnt they find them sooner? he asked. The more they look, the more they find. The NRC last month informed Entergy that it would require a broad set of conditions before an uprate would be permitted, including hourly monitoring of plant conditions as power is increased and an ongoing assessment of the steam dryer. David Lochbaum, a nuclear engineer with the Union of Concerned Scientists in Washington, said such conditions indicate that neither Entergy nor the NRC are confident the plant can withstand an uprate. Lochbaum pointed to serious steam dryer breakage at two sister boiling water reactors in Illinois, which vibrated apart when those plants implemented a power uprate. Both of those reactors were also made by General Electric, and both had to temporarily shut down due to serious steam dryer breakage. Send us your news tips, a letter to the editor or general comments. Vermont Guardian PO Box 335 Winooski, VT 05404 | | Northern Vermont: PO Box 335, Winooski, VT 05404 Southern Vermont: 139 Main Street, Suite 702, Brattleboro, VT 05301 Contact: 802.861.4880 (ph) | 802.861.6388 (fax) | 877.231.5382 (toll-free) ©2005 Vermont Guardian | Visit us: www.vermontguardian.com This document can be located online: www.vermontguardian.com/local/112005/VYSteamCracks.shtml ***************************************************************** 28 VietNamNet Bridge: Australia to help VN ensure radioactive security 09:45' 10/11/2005 (GMT+7) The symbol on radioactive equipment. Australia will help train Vietnamese experts in defining radioactive sources and establish legal infrastructure. As part of a three-year US$4.5mil Australian-funded project to ensure security for radioactive sources in Southeast Asian, which was kicked off in July 2004, this week the Australian Nuclear Science and Technology Agency will meet with the Nuclear Radiation Safety and Control Agency under the Vietnamese Ministry of Science and Technology to discuss and specify Vietnam’s need for assistance. Experts from the Nuclear Radiation Safety and Control Agency say that Vietnam can currently control large, registered radioactive sources, but problems may occur due to radioactive sources lost during the war and radioactive equipment imported before 1997, when the state did not manage the issue. Lost radioactive sources may seriously affected people’s health. In Thailand in 2000, when three radioactive sources were dismounted 10 people were affected by radioactivity, three died. (Source: VNE) ***************************************************************** 29 [DU-WATCH] Has the nuclear catastrophe already arrived? Date: Thu, 10 Nov 2005 00:36:40 -0600 (CST) X-Fingerprint: owner-imap@chumbly.math.missouri.edu-69.50 http://www.greenleft.org.au/back/2005/647/647p26.htm From Green Left Weekly, November 2, 2005. Has the nuclear catastrophe already arrived? Blowin in the Wind Directed by David Bradbury Limited national season commencing in Sydney and Melbourne at Dendy cinemas on October 27, other cities to follow REVIEW BY LACHLAN MALLOCH David Bradbury needs almost no introduction to Green Left Weekly readers: his lifetime of progressive film-making speaks for itself. Bradburys latest documentary a film he says youll never see on your ABC continues that tradition into perhaps his most dangerous subject yet, the proliferation of nuclear weapons in the era of the war on terror. In production terms it might seem modest just under an hour long and made for the equivalent of chicken feed but its content is breathtaking, sensational and urgent. Blowin in the Wind documents the increasing use of so-called depleted uranium (DU) in weapons around the world and forcefully reveals the devastating health and environmental effects of these mini-nukes. The world authority on the devastation wreaked by DU is former US Army physicist Dr Doug Rokke, who suffers from radiation sickness due to his work in Iraq after the first Gulf War. Dr Rokke is one of the heroes of this film, tirelessly campaigning around the world against the criminal use of nuclear weapons. The other great heroes are the dying children in Iraq, whose bodies are riddled with the minuscule deadly radioactive particles unleashed by US bombing 15 years ago and carried for kilometres by Iraqs notorious, dusty winds. The condemned children stare at us as if from the other side of a great abyss. It is impossible to look at them and not feel a burning guilt and shame at the nightmare visited upon them in our name. The footage seen here, of dying children and grotesquely malformed foetuses, is not new. John Pilgers 2000 TV documentary Paying the Price: Killing the Children of Iraq eloquently exposed the Wests genocidal regime of economic sanctions and DU bombing in Iraq. Before the Gulf War, few babies in Iraq were born with malformations. Now there are 7-10 per day, some of them so badly mutated that they are just pieces of flesh. This medical nightmare can only be expected to worsen, with the USs increasing use of DU on battlefields around the world. Yugoslavia was bombed with over 84 tonnes of DU, over 1000 tonnes were dropped on Afghanistan and Iraq was blasted with more than 2500 tonnes in the latest invasion. Bradburys new and sensational thesis is that these deadly nuclear winds have come to Australia and are set to blow even harder, in several ways. First, Australian military veterans are suffering from the euphemistically titled Gulf War Syndrome more likely, radiation sickness. We meet Gulf War veteran Ed Grant, suffering an unexplained disease and battling the Australian government to take his case seriously. Not surprisingly hes afraid of what poison he might have passed on to his children and eventual grandchildren. Second, Bradbury outlines the Australian governments enthusiastic plans for dramatically expanding uranium mining here. This is a double-edged sword: well be faced with increased dangers of waste storage and accidents at mine sites, as well as increasing our complicity in the proliferation of nuclear weapons, by increasing the global supply of uranium. But the centrepiece of Bradburys thesis is his examination of the secret treaty, or Memorandum of Understanding, that was signed by Australia and the US on July 7, 2004, setting the framework for intensified military cooperation between the two nations. Bradbury argues that this agreement gives a 20-year-long, virtual blank cheque to the US to use all sorts of deadly weapons, including those with DU, in their testing and training exercises on Australian soil. It is likely that nukes were used in the June 2005 Talisman Sabre exercises at beautiful Shoalwater Bay on the Queensland coast, when 11,000 US troops joined the Australian military in live aerial bombardments, doing unknown levels of damage to such a precious environmental treasure. Blowin in the Wind shows us that we are entering a new period in Australias long history of complicity with and support for imperial power, but its mostly taking place behind the backs of the Australian people. The extremely truncated cinematic exhibition of this film means that activists will need to work hard to make it anything more than a voice in the wilderness. It asks urgent questions that we ignore at our own peril. ------- [Visit the films website at .] ============== ***NOTICE: In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.*** --------------------------------- To help you stay safe and secure online, we've developed the all new Yahoo! Security Centre. [Non-text portions of this message have been removed] ------------------------ Yahoo! Groups Sponsor --------------------~--> Does he tell you he loves you when he hits you? Abuse. Narrated by Halle Berry. http://us.click.yahoo.com/CjRcdD/rbOLAA/xGEGAA/Sj.0lB/TM --------------------------------------------------------------------~-> [Brought to you by HTTP://WWW.STOPNATO.ORG.UK] ***************************************************************** 30 Guardian Unlimited: U.N. Urges Cleanup of Iraq Waste Sites From the Associated Press [UP] Thursday November 10, 2005 5:31 PM By UTA HARNISCHFEGER Associated Press Writer GENEVA (AP) - Thousands of contaminated industrial and military sites left over from wars in Iraq must urgently be cleaned up to stop them from further harming people's health and the environment, a U.N. agency said Thursday. The U.N. Environment Program, or UNEP, has assessed five contaminated sites during the past 18 months to train Iraqi specialists to detect the risks, analyze harmful chemicals and eventually clean up such sites. ``We are still at the beginning,'' said Narmin Othman, Iraq's environment minister. ``We have thousands of polluted areas, and we need millions and millions (of dollars) to clean them up. The challenge now is to identify and assess all such areas of contamination in Iraq and systematically restore them.'' The sites include chemical and petrochemical factories, mines, military scrap-yards and sites polluted by depleted uranium. Almost all the sites have been repeatedly looted after they were destroyed or bombed during conflicts, including the 2003 U.S.-led invasion of Iraq, the 1991 Gulf War and the Iran-Iraq war of the 1980s. Leaking heavy metal wastes contaminate the soil, ground and drinking water, UNEP said. Children from nearby dwellings often play on such sites and touch or even ingest toxic materials, the agency noted. UNEP estimates it will cost about $40 million to tackle the operation's next stage, which includes cleaning up an additional 20 areas and assessing other sites, implementing environmental legislation, and buying back military scrap material. Most importantly, Iraq must build a hazardous waste treatment facility, UNEP said. One of the five sites recently assessed by UNEP - a metal plating facility near Baghdad damaged by ground and air strikes in 2003 - is believed to contain several tons of acutely toxic sodium cyanide, which is lethal at a dose of less than one ounce. ``These are ... sites that have a history of contamination, all of which are linked to massive neglect,'' said Klaus Toepfer, UNEP executive director. He said Iraq's lack of investment into environmental matters had further aggravated the situation. Guardian Unlimited © Guardian Newspapers Limited 2005 ***************************************************************** 31 RGJ: Data pours in on mine site, immediate concerns examined [Reno Gazette-Journal] November 10, 2005 Reno, Nevada, USA 775-788-6200 On some level or another, just about all aspects of the complex Anaconda Mine Site west of town are being examined. With this comes not only new sets of data, but also potential interim measures to vanquish local concerns. + Interim measures Jims Sickles, Remedial Project Manager for EPA Region 9, gave an update on actions being taken to mitigate immediate concerns on the site Tuesday during a stakeholders meeting in Weed Heights. One of these is fugitive dust, which tends to sweep across the local area during large windstorms. To this, he said there are two different approaches. First, excess gravel left behind during the Anaconda operation, which shut down in 1978, could be spread over two areas thereby capping dust coming from the sulfide tailings on the site’s northeast side. Second, a soil sealant could be placed over the evaporation ponds on the northern end of the mine. Sickles said the soil sealant would likely only remain intact for about two years barring any large disturbances (i.e. truck traffic). He said more permanent gravel would not be preferred within the ponds at this time, as radiological measurements in some of the ponds are already higher than background. If elevated levels are later found to be a larger problem, having a gravel cap in place might make mitigation more difficult, he said. Overall, Sickles said this is likely to be an interim fix to the dust concern rather than a fully developed fugitive dust work plan. With this, he added the goal would be to see the interim measures taking place in December and January barring bad weather. A second interim measure is that of PCB removal from the site. PCB, or polychlorinated biphenyl, is a substance used in power transformers, electrical insulation and flame retardants. Its presence on the site stems from a PCB removal operation, which went into place following the 1978 Anaconda closure, and transformers left onsite via old power poles. Sickles said nearly 170 PCB sources are onsite in various areas and likely in various levels. Simply put, he said removal of the PCB containers is of good value to the overall remediation effort. Although these were the two interim measures Sickles brought up Tuesday, at least one more was urged onto the list. Art Gravenstein and Joe Sawyer, both of the Nevada Division of Environmental Protection (NDEP) said they would like to see action taken on repair of old liners in the heap leach ponds. The 5-6 liners in question are holding chemicals still trickling out of the heap leach pads put in place by Arimetco, who leached copper from Anaconda’s old tailings in the late 1990s. The chemicals could cause pollution to the underlying soils if the liners were to breach and, based on their condition, NDEP is urging something to be done. Gravenstein said NDEP had received bids on liner repairs prior to the December 2003 findings of uranium in domestic wells to the north of the site and would gladly turn over the information to help speed the process. Sickles said this project is on the EPA’s radar and is a concern; however, it might not be the same as an interim measure. “We too have the same concerns about some of this stuff,” he added. Gravenstein later added it is important to move this ahead. “The liner integrity (in some ponds) is really poor,” he said noting it is relatively easy to fix. Sickles said the liner repair might be solved via minor repair and would be valuable; however it might not be the most beneficial means when viewing the overall picture of site cleanup. + Ongoing processes Another cleanup measure touched upon Tuesday included radiological contaminated soil removal in previously tested areas such as the Process Area. Sickles said it is imperative to have further radiological assessment before this takes place, as what appears to be a small area of removable soil could, in his experience, become a fairly large area very quickly when actual removal begins. With northern monitoring wells, Sickles said the wells are nearly ready for testing and the first data is expected for public summary in the first quarter of next year. The wells should help point mine investigators in the right direction regarding whether elevated levels of uranium found in some domestic wells north of the mine are natural or coming from the mine. Chuck Zimmerman, of consultant firm Brown and Caldwell, gave a presentation Tuesday showing monitor well placement as well as characteristics when compared to other area wells. With this, he showed the new mine site GIS system compiled within the past two months, which shows various land features such as well placement and geographic elevations. + New data As for the more nitty-gritty technical side of the mine site Sickles gave a summary of information relating to the recently returned site investigation data. He said data has come back for soil and groundwater samples taken on-site within the Process Areas as well as data on the second quarterly air monitoring effort. Also, data on additional constituent testing on archived air monitor filters (i.e. additional radiological contaminant testing not previously performed) could be available by the end of this month. Now, it is up to he technical experts within the mine’s responsible parties to sit down and make sense of this data. This is set to occur beginning next month when one or two, all-day technical work group meetings are slated to take place. Dietrick McGinnis, of McGinnis and Associates representing the Yerington Paiute Tribe, said this might be a good idea in that more technical aspects can be discussed at length without taking a lot of time from uninterested parties. In fact, such discussion could take place as to separate topics such as groundwater and soil into two meetings. Lastly, Sickles said a draft project schedule, including all projects anticipated in mine remediation and order of priority, currently remains underway and will have to undergo review processes with EPA and site managers Atlantic Richfield Company before final approval. © Copyright Reno Gazette-Journal, a Newspaper. ***************************************************************** 32 RGJ: Reid says funds have been secured for Walker River Basin projects [Reno Gazette-Journal] November 10, 2005 Reno, Nevada, USA 775-788-6200 Appropriations agreement reached in conference; most funding included in $70 million earmarked for UNR ag and natural resources center to work on research, restoration and education activities in basin. Keith TroutMVN U.S. Senator Harry Reid announced Monday he had secured hundreds of millions of dollars for Nevada, including $95 million for water- and agriculture-related projects within the Walker River Basin. The funding is included in the Energy and Water Appropriations bill. Different versions of the bill had passed the Senate and House early this year and were reconciled at a committee meeting Monday. The bill now goes back to both houses for final passage, which is expected later this week. The Energy and Water Development Appropriations Act of 2006 (HR 2419) was sent to conference committee after the two houses couldn’t reach agreement, as the Senate amended the original House of Representatives bill and the House didn’t agree with the amendment. Reid’s release noted he’d secured nearly $400 million for energy efficiency, Homeland Security and flood control projects as well as research projects for Nevada’s higher education system. Sen. Reid also announced in the release he was successful in slashing the Yucca Mountain budget to $450 million, after previously the Department of Energy said it would need $1.2 billion to help keep the project on track. Reid said the “Nevada projects funded in this legislation will help America become more energy independent, increase economic development, protect vital water resources in the state and fund top research within the university.” Reid announced the Energy and Water bill would release $95 million of previously approved funding for agriculture and water projects in the Walker River Basin, after he, Sen. John Ensign and Congressman Jim Gibbons had been working to release the funding. It passed as part of the 2002 Farm Bill when Sen. Reid included $200 million for conservation projects at places like Walker Lake. The HR 2419 ‘committee of conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill’ was ordered last month and met Monday. According to the Congressional record of that meeting, the committee “having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses” a resolution. That included “that the House recede from is disagreement to the amendment of the Senate, and agree to the same with an amendment,” which still included the $95 million intended for the Walker River Basin area. Section 108 of that bill (under Bureau of Reclamation, Water and Related Resources) reads: “(a)(1) Using amounts made available under section 2507 of the Farm and Security Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public Law 107-171), the Secretary shall provide not more than $70,000,000 to the University of Nevada— “(A) to acquire from willing sellers land, water appurtenant to the land, and related interests in the Walker River Basin, Nevada; and “(B) to establish and administer an agricultural and natural resources center, the mission of which shall be to undertake research, restoration, and educational activities in the Walker River Basin relating to— (i) innovative agricultural water conservation; (ii) cooperative programs for environmental restoration; (iii) fish and wildlife habitat restoration; and (iv) wild horse and burro research and adoption marketing. “(2) In acquiring interests under paragraph (1)(A), the University of Nevada shall make acquisitions that the University determines are the most beneficial to— “(A) the establishment and operation of the agricultural and natural resources research center authorized under paragraph (1)(B); and “(B) environmental restoration in the Walker River Basin. Paragraph (b)(1) says from the 2002 Farm Bill “the Secretary shall provide not more than $10,000,000 for a water lease and purchase program for the Walker River Paiute Tribe. “(2) Water acquired under paragraph (1) shall be- (A) acquired only from willing sellers; (B) designed to maximize water conveyances to Walker Lake; and (C) located only within the Walker River Paiute Indian Reservation. Other funding listed in Section 200 of that bill, also from the Farm Bill, includes: “the Secretary, acting through the Commissioner of Reclamation, shall provide— “(1) $10,000,000 for tamarisk eradication, riparian area restoration, and channel restoration efforts within the Walker River Basin that are designed to enhance water delivery to Walker Lake, with priority given to activities that are expected to result in the greatest increased water flows to Walker Lake; and “(2) $5,000,000 to the United States Fish and Wildlife Service, the Walker River Paiute Tribe, and the Nevada Division of Wildlife to undertake activities, to be coordinated by the Director of the United States Fish and Wildlife Service, to complete the design and implementation of the Western Inland Trout Initiative and Fishery Improvements in the State of Nevada with an emphasis on the Walker River Basin It concludes under subsection (d): “For each day after June 30, 2006, on which the Bureau of Reclamation fails to comply with subsections (a), (b), and (c), the total amount made available for salaries and expenses of the Bureau of Reclamation shall be reduced by $100,000 per day. © Copyright Reno Gazette-Journal, a Gannett Co. Inc.Newspaper. ***************************************************************** 33 Nevada Appeal: Could nuke waste policy be turning around? Opinion Nevada Appeal editorial board November 9, 2005 It seems hard to believe, but Congress may finally be turning away from the dead-end strategy of storing nuclear waste in Nevada's Yucca Mountain and toward the far more sensical approach of figuring out how to recycle the waste into something useful. Such a shift in thinking would range far beyond the environmental concerns of Nevadans, since it would reverse the philosophy guiding U.S. policy since Gerald Ford and Jimmy Carter were in the White House. Yucca Mountain storage has been studied for two decades, at a cost of billions of dollars, because of worries that recycling nuclear waste would contribute to proliferation of radioactive materials used in bombs. Times have changed since then - though not necessarily for the better, when it comes to nuclear proliferation. Terrorism and the threat of rogue nations joining the nuclear ranks remain great risks. Nuclear waste continues to pile up an plants across the country, compounding the security risks. But the notion of storing it in one "safe" underground facility - by shipping it across the country every day from dozens of sites in hundreds of trucks and rail cars - is a shortsighted solution. In fact, it's no solution at all. That's why we're encouraged by a 2006 nuclear-waste budget that includes $50 million for spent-fuel recycling. Of that, $20 million is for communities to compete to host a recycling plant, and $30 million is for research. It's still a paltry sum in comparison with the $450 million for the year for Yucca Mountain. Yet it's a step in the right direction. The goal of the United States and every nation producing nuclear power must be to reduce the amount of waste, and the best way to do that is find safe and economical ways to recycle it into practical uses. When the budget priorities are reversed - $50 million for storage, $450 million for recycling - we'll know U.S. nuclear policy is on a sensible track. All contents © Copyright 2005 nevadaappeal.com Nevada Appeal - 580 Mallory Way - Carson City, NV 89701 ***************************************************************** 34 Bradenton Herald: Residents want case moved | 11/10/2005 | Judge to decide if Tampa or Manatee will host Tallevast case DONNA WRIGHT HERALD WATCHDOG TALLEVAST - The legal volleys have begun. Attorneys for Tallevast residents filed a motion to have their suit against Lockheed Martin Corp. moved back to the 12th Judicial Circuit in Manatee County. Late Wednesday, Lockheed Martin Corp. said it intends to file a counter motion within 60 days to keep the case in the Tampa federal court. Now a federal judge must decide which court will host the debate over liability for a toxic plume threatening Tallevast. Attorney Bruce H. Denson of St. Petersburg, a member of the Tallevast legal team, filed the complaint against Lockheed on Sept. 1 on behalf of 254 residents. Lockheed then filed a motion on Oct. 6 to have the case moved to the U.S. District Court in Tampa. Tallevast leaders say they want the case to stay in the 12th Circuit Court because they fear the federal court is too friendly to big business. But Lockheed Martin claims the case belongs in federal court because all of the defendants but one are located outside of Florida. Other defendants include Loral Corp., the remaining vestige of Loral American Beryllium Co; BECSD LLC, the limited Florida holding company that now owns Tallevast factory; WPI Sarasota Division Inc., the company operating out of the plant; and its parent company, Wire Pro Inc. Only WPI Sarasota Division is based in Florida. Lockheed lawyers said the defense giant could not be sued in state court because it was acting on behalf of and as an agency for the federal government when the beryllium plant manufactured parts for nuclear weapons and missile guidance systems. But Denson's Nov. 4 motion to move the case back to state court counters that Lockheed's arguments do not meet the test of case law. WPI Sarasota Division, as the current operator of the site, is a Florida entity, Denson said. Moreover, the hazardous chemicals and substances historically used and disposed of at the site continue to spread. Denson also takes issue with Lockheed's claim that it has a right to have the case heard in federal court because the beryllium plant did contract work for the federal government. Denson argues there is nothing to indicate that those federal contracts or officials directed Lockheed to engage in improper handling of hazardous waste or fail to timely inform residents that their properties were polluted. "Defendant Lockheed Martin is attempting to 'shroud' its entire facilities from state-law claims simply because the federal government controlled some of the products manufactured there," Denson wrote. Denson said Lockheed's responsibility in fulfilling federal contractual obligations does not exclude them from following state laws on the proper handling and disposal of hazardous waste. A second complaint against Lockheed was filed Monday in the 12th Circuit Court by Sarasota attorney E. Keith DuBose on behalf of 31 other Tallevast residents. Emerson Carey of the Atlanta law firm of Carey and Dobson is on the legal team representing those 31 residents. Denson said he is talking with DuBose and Carey on how the two legal teams can work together to find relief for Tallevast residents. The plume of industrial waste and potentially cancer-causing solvents is now known to cover more than 131 acres. Donna Wright, health and social services reporter, can be reached at 745-7049 or at dwright@HeraldToday.com. HeraldToday.com Read the archive coverage of the Tallevast contamination. HERALD WATCHDOG ***************************************************************** 35 AP Wire: Pieces of nuclear fuel rods missing at Ga. plant | 11/10/2005 | RUSS BYNUM Associated Press SAVANNAH, Ga. - Pieces of highly radioactive fuel rods are missing from a nuclear plant in southeast Georgia, and Georgia Power Co. acknowledged it's likely some will never be found. The utility said more than 5 feet of spent fuel rods, removed in the 1980s from a reactor at Edwin I. Hatch nuclear plant near Baxley in southeast Georgia, could not be found during an inventory last month. The pencil-thin rods, kept in containment pools at the plant, emit lethal doses of radiation. Georgia Power spokesman Tal Wright said the pieces likely remain unfound in the pools or were shipped to a waste disposal facility. "Many of these pieces would be minute, and its quite possible some of them could have broken up into smaller pieces over time," Wright said. "It's likely we will not find much of this. We've already put a significant effort into it." Georgia Power, which operates the plant, notified the federal Nuclear Regulatory Commission of the missing pieces Monday. NRC spokesman Roger Hannah said the deadly radioactivity of the pieces makes them virtually impossible to steal and they would not have left the plant without setting off its radiation monitors. "From a public health and safety standpoint, it's extremely unlikely this could have gotten into the public domain," Hannah said. "This is not the kind of material you could walk out of there with and expect to survive." At the Baxley plant, about 90 miles southwest of Savannah, workers have been searching 40-feet-deep containment pools with robotic cameras. But it's like hunting for a needle in a haystack, Wright said. The plant's two reactors and two spent-fuel pools hold 4.75 million feet of fuel rods. It's possible some of the missing pieces were swept up during cleaning of the pools and sent with other waste to a disposal facility, Wright said. In the 1980s, some fuel rods had be removed from a reactor because of corrosion, which required them to be taken out in pieces. Hannah said NRC inspectors were looking into the plant's record-keeping and accountability programs. He could not specify what type of fines or sanctions the plant might face. "There's certainly the possibility there could be some sort of enforcement action," Hannah said. "It's too early at this point to say what that might be." The NRC in February ordered all commercial nuclear plants to inventory their spent fuel pools. The Georgia plant isn't the first to report missing fuel rods to federal regulators. Last year, operators of the Vermont Yankee nuclear plant near Brattleboro, Vt., reported it could not find two pieces of spent fuel rods removed from its reactor in 1979. In 2000, the Millstone One nuclear plant near New London, Conn., told regulators it had misplaced two fuel rods of 13 1/2 feet in length. ***************************************************************** 36 reviewjournal.com: Yucca loses vote on funding Nov. 10, 2005 House OKs plan to reduce budget WASHINGTON -- The House voted Wednesday to cut the budget for the troubled Yucca Mountain nuclear waste dump well below this year's level and President Bush's request. At the same time, lawmakers again rejected Bush's proposal to curb spending on water projects undertaken by the Army Corps of Engineers. But the president fared much better on his plans to send astronauts to Mars. The moves came as the House adopted, by a 399-17 vote, a final House-Senate compromise on a $30.5 billion energy and water spending bill for the budget year that began Oct. 1. Reflecting tight budget times, the bill is $750 million below this year's levels. In rapid succession, the House adopted a second $57.9 billion compromise measure funding the budgets for the departments of Commerce, Justice and State, awarding a $260 million budget increase to NASA, funding Bush's plan to send astronauts back to the Moon and on to Mars. The Commerce, Justice and State bill passed by a 397-19 vote. The programs funded by the bill would receive a 3 percent increase over 2005 funding levels. The FBI won a 10 percent budget increase but state and local governments would receive a 10 percent cut in law enforcement grants. Bush had sought far deeper cuts. Negotiators on that measure also killed a House provision to block the FBI from routinely gaining access under the Patriot Act to library materials and bookstore sales. But a renewal of the Patriot Act before year's end is likely to achieve the same purpose. The Yucca nuclear waste repository would be funded at $450 million for the 2006 budget year, $127 million below the level for each of the past two years. Bill negotiators also ditched a controversial House plan to supplement Yucca with interim storage sites for nuclear waste. The final figure was also less than the House and the Senate passed during earlier debates. More delays in the oft-delayed project caused lawmakers to curb Yucca Mountain's budget. Those cuts helped free up funds for the Corps of Engineers, which received $5.6 billion, $1 billion above Bush's request. That includes $8 million requested by Sen. Mary Landrieu, D-La., for the Corps to design a plan to bring south Louisiana up to Category Five hurricane protection. Copyright © Las Vegas Review-Journal, 1997 - 2005 ***************************************************************** 37 Las Vegas SUN: Environmentalists up in arms over new mining proposal Today: November 10, 2005 at 8:34:14 PST By Suzanne Struglinski Sun Washington Bureau WASHINGTON -- Environmental groups and mining interests are awaiting a House vote, which could come as early as today, on a budget reconciliation bill that would allow the sale of federal land for mining claims. Environmentalists are yelling "land grab" over the plan, which would lift an 11-year-old ban on sales of federal land with mineral deposits. The House Resources Committee insists it is just a long overdue update of an 1872 mining law that will help taxpayers get a better return on land bought by mining companies. The proposal requires mining-land buyers to pay $1,000 or fair market value, which ever is greater, for patenting and purchasing land with mining claims. The 1872 rates of $2.50 to $5 an acre are still in place, along with the 1994 ban. The proposal lifts that ban and changes the selling price. Rep. Jim Gibbons, R-Nev., who supports the proposal, successfully added the fair market value or whichever is greater element to the proposal to ensure that sales do not cheat taxpayers out of land-sale money for acres valued above $1,000. Gibbons spokeswoman Amy Maier said the proposal allows for land sales but does not change anything related to the long process involved with purchasing the land. "They just don't give out patents like candy," she said. Maier said before land could be bought at the new price, the buyer would have to make a considerable investment in environmental assessments and determining whether there are actual mineral deposits worth mining on the land. She said the proposal does nothing to change that. But environmental groups do not support the change. The Wilderness Society circulated an analysis of the proposal Wednesday, calling it an attempt to "sell off our national heritage." The group claims that the change could lead to "the privatization of millions of acres of public land, including National Park and Forest land." The proposal prohibits sales of land within the National Park System, National Wildlife Refuge System, wilderness areas, national monuments and a handful of other protected areas, but the Wilderness Society said the House Resources Committee did not exempt millions of acres of other sensitive lands from sale. Vanessa Conrad, a program assistant for the Great Basin Mine Watch, said Nevada is especially vulnerable because of the amount of public land in the state. "It opens up all land for a fire sale," Conrad said. Conrad said that under current law a company could not buy federal land unless it actually discovered minerals or something that could be mined. Under the proposal, she said, that is no longer the case. Even if a company finds nothing to be mined, it could still attempt to buy the land. House Resources Committee spokesman Matt Streit said the proposal does not apply to all public lands, and some land is ineligible. Streit said that through public hearings the committee learned that mining companies that are closing their mines want to purchase the land. This can help the surrounding community because the company would be able to keep buildings and other facilities on the land rather than having to remove everything. The Environmental Working Group, a research organization based in Washington, estimates that about 2.5 million acres of public land with mining claims in Nevada could be up for sale through the proposed language. "Once sold there would be virtually no restrictions on how the land could be developed, leaving some of America's most treasured lands open to strip mines, strip malls, oil wells, condos or luxury homes for corporate executives," according to the group's report, "Dirt Cheap: America's Lands in Speculators' Hands." Luke Popovich, spokesman for the National Mining Association, said if a company owns the land, it has always had the option of doing whatever it wants with it. "They own the land. They (environmental groups) are making this sound as if this is something new," Popovich said. Maier said the claim that this is a giveaway "simply does not hold water." She said this would affect about 360,000 acres nationwide. She did not have a breakdown for land specifically affected in Nevada. The House might vote today on the Budget Reconciliation Bill, which contains the proposal. It is an attempt by lawmakers to cut as much as $50 billion from federal spending in the fiscal year that began Oct. 1. The Senate passed its own bill last month, and negotiators will work out differences before it becomes law. The Senate version does not contain the mining language. Suzanne Struglinski can be reached at (202) 662-7245 or at suzanne@lasvegassun.com. All contents copyright 2005 Las Vegas SUN, Inc. ***************************************************************** 38 Las Vegas SUN: Yucca's new boss facing a moving target Today: November 10, 2005 at 8:34:15 PST Senators to probe Sproat's nomination By Suzanne Struglinski Sun Washington Bureau WASHINGTON -- It may not matter much if White House nominee Edward Sproat knows little about the Yucca Mountain project he will potentially inherit. The program has possibly changed more in the last month than it has in the past two decades. Sproat, a former executive at Exelon, the country's largest nuclear power utility, who now runs an energy consulting firm, will face the Senate Energy and Natural Resources Committee today for a hearing on his nomination to take over the Energy Department's office of civilian radioactive waste management. If confirmed by the Senate, Sproat would take over a program in flux and face challenges not seen by his predecessors. He told the Sun in September that he was "John Q. Public" on his overall perception and knowledge of plans at Yucca. He said he was hoping to be educated quickly on the proposed repository. But the department may be waiting for its own education as well. "DOE will be unable to estimate realistically when the license application will be submitted," attorney Michael Shebelskie, who represents the Energy Department, wrote in a letter to the Nuclear Regulatory Commission last week. The department is reworking the project and officials say they want to simplify it. There is also increased talk in Washington of reprocessing or recycling nuclear waste. This would not eliminate the need for Yucca Mountain but would change the type of waste it would store. Acting director Paul Golan sent a memo to all top Yucca officials assigning them new tasks to get this new version of the project off the ground. This is a complete shift from where the program was a year ago. Around this time last year, the Energy Department was working relentlessly to turn in a license application for the Yucca Mountain project by Dec. 31, 2004. It was not until Nov. 22 that Margaret Chu, then the director of department's civilian radioactive waste office that oversees Yucca, admitted it would not be turning in an application. Now, the department will not even talk about dates. Energy Secretary Samuel Bodman and Golan have transformed the project from being based on a schedule to one focusing on quality work. Golan has made this statement publicly and the department's spokesman sticks to the same line. If Sproat is confirmed, Golan is likely to stay on as the principal deputy secretary and maintain this new plan. "I think that this is so screwed up, it doesn't matter who is in charge," said Bob Loux, executive director of the Nevada Agency for Nuclear Projects. "DOE has got to be the most incompetent agency in the federal government." Sproat would be the sixth director confirmed by the Senate to lead the program. Other officials, including Lake Barrett, sometimes referred to as the "grandfather" of the program, served only as acting directors and were not formally approved by Congress. The department created the Office of Civilian Radioactive Waste Management in 1983. Eight Energy Department secretaries have held office since its creation. Suzanne Struglinski can be reached at (202) 662-7245 or at suzanne@lasvegassun.com. All contents copyright 2005 Las Vegas SUN, Inc. ***************************************************************** 39 Forbes: Iraq faces 40 mln usd bill to clean up toxic, radioactive waste - UN - Forbes.com 11.10.2005, 08:23 AM GENEVA (AFX) - Iraq faces a massive 40 mln usd environmental clean-up campaign to tackle the lethal toxic and radioactive legacy of more than two decades of conflict and neglect, a UN agency and Iraqi authorities said. Five sites near Baghdad, described by the UN Environment Programme (UNEP) as 'the tip of the iceberg', have been identified for an initial clean-up, but there are thought to be thousands more. 'There are thousands of polluted areas in Iraq, either from industrial or military pollution,' Iraq's environment minister, Narmin Othman, said at the launch of a UNEP assessment of environmental 'hotspots' in Iraq. The UNEP report highlighted the Al Qadyissa metal plating facility, bombed during the US invasion of Iraq, where several tonnes of cyanide pellets are scattered around a site that is accessible to children. Other immediate priority areas include pesticides and petrochemicals warehouses and a military scrapyard. Many of them have been contaminating farm land and drinking water, or are close to impoverished communities who looted sites without knowing the risks. The Ouireej site was a military ammunition dump. Two people have been killed by explosions and by poisoning during clean-up attempts there over the past two years, according to the report, which included pictures of children playing in the site. 'Wars, conflicts, instability and the poor environmental management of the previous regime have left their scars on the Iraqi people and the Iraqi environment,' UNEP Executive Director Klaus Toepfer said. A UNEP expert, Mu ralee Thummarukundy, said the five sites were not the worst cases of pollution but were chosen initially because of their proximity to local communities and security conditions. The report did not cover pollution caused by uranium-hardened shells used during tank battles or aerial bombardments in Iraq in 1991 and 2003. 'We do not only have chemicals, we even have radiation. We have depleted uranium radiation, a good programme has identified 311 sites polluted by depleted uranium, especially in the south,' Othman told journalists. Toepfer said a separate project was being set up with British funding to train Iraqi experts to deal with depleted uranium, which was used to harden munitions. He declined to comment on the level of danger the depleted uranium might represent. Five key causes of severe pollution by chemicals and heavy metals were identified, ranging from the 1980 Iran-Iraq war, the two Gulf Wars, to years of environmental neglect under Saddam Hussein's regime and looting which spread contamination. pac/bar/rl COPYRIGHT Copyright AFX News Limited 2005. All rights reserved. ***************************************************************** 40 NRC: Disposal of Radioactive Material by Release Into Sanitary Sewer Systems; Withdrawal of Advance Notice of Proposed Rulemaking [RIN 3150-AE90] FR Doc 05-22432 [Federal Register: November 10, 2005 (Volume 70, Number 217)] [Proposed Rules] [Page 68350-68368] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr10no05-18] AGENCY: Nuclear Regulatory Commission. ACTION: Advance notice of proposed rulemaking: Withdrawal. SUMMARY: The Nuclear Regulatory Commission (NRC) is withdrawing an advance notice of proposed rulemaking (ANPR) that presented possible changes to the regulations governing the release of radionuclides from licensed nuclear facilities into sanitary sewer systems. Changes were proposed to account for the potential for radionuclide concentration during some types of wastewater treatment processes. NRC is withdrawing this advance notice of proposed rulemaking because it has determined that there are no widespread public health and safety concerns due to potential radiation exposures associated with the handling, beneficial use, and disposal of sewage sludge containing radioactive materials. This notice of withdrawal acknowledges public comments sent in response to the ANPR. FOR FURTHER INFORMATION CONTACT: A. Christianne Ridge, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-5673, e-mail acr1@nrc.gov. SUPPLEMENTARY INFORMATION: On February 25, 1994 (59 FR 9146), NRC published an ANPR to seek information to determine whether an amendment to its regulations governing the release of radionuclides from licensed nuclear facilities into sanitary sewer systems was needed. NRC was considering revising the approach to limiting these releases because of the potential effects of newly-developed sewage treatment technologies on radionuclide reconcentration during wastewater treatment. The Commission requested advice and recommendations on several proposals and asked related questions regarding whether and in what way the regulations governing the release of radionuclides from licensed nuclear facilities into sanitary sewer systems should be changed. NRC received seventy-four comment letters in response to the ANPR. The comment period expired on May 26, 1994. Because there were concerns raised on the broader issue of long- term effects of releases of radioactive materials into sanitary sewer systems, action on the ANPR was deferred until studies were conducted regarding potential radioactive contamination in sewage sludge. Since that time, NRC participated in the Interagency Steering Committee of Radiation Standards (ISCORS) and co-chaired, with the Environmental Protection Agency (EPA), the Sewage Sludge Subcommittee to facilitate a systematic and thorough study of the potential concerns related to radionuclides in sewage sludge and to obtain data to support a technical basis for a regulatory decision. Regulatory Framework Relevant to the Release of Radioactive Material Into Sanitary Sewers NRC regulations governing the release of licensed material into sanitary sewer systems can be found in 10 CFR 20.2003. This regulation was published in the Federal Register (56 FR 23360; May 21, 1991) as part of an overall revision of NRC standards for protection against radiation. Licensees were required to implement this regulation by January 1, 1993. As part of the 1991 revision of 10 CFR Part 20 regulations, NRC removed the broad provision that allowed the release of non-biological insoluble materials into sanitary sewers because of the potential for this material to reconcentrate in sewers, publicly owned treatment works (POTWs), and sewage sludge. The current NRC regulations require that any licensed material discharged into a sanitary sewer system must be readily soluble in water or be readily dispersible biological material. In addition, the concentration limits for radionuclides released into a sanitary sewer system, listed in Table 3 of the Appendix B to Part 20, were reduced by a factor of 10 as part of an overall reduction in effluent release limits. In addition to the limits in 10 CFR 20.2003, NRC recommends that licensees should maintain doses as low as is reasonably achievable (ALARA) by setting goals for effluent concentrations and quantities to be only a modest fraction (10 to 20 percent) of their allowable limits, as described in NRC Regulatory Guide 8.37, ``ALARA Levels for Effluents from Materials Facilities,'' dated July 1993. NRC also conducts periodic inspections to ensure that licensees are in compliance with NRC regulations. Surveys, Studies, and Reports Relevant to the Release of Radioactive Material Into Sanitary Sewers In May 1992, NRC issued the results of a scoping study in NUREG/CR- 5814, ``Evaluation of Exposure Pathways to Man from Disposal of Radioactive Materials into Sanitary Sewer Systems,'' which evaluated the potential radiological doses to POTW workers and members of the public from exposure to radionuclides in sewage sludge. The first part of the analysis estimated the potential doses to workers for five cases in which radioactive materials were detected at POTWs (Tonawanda, NY; Grand Island, NY; Royersford, PA; Oak Ridge, TN; and Washington, DC). Doses from the case studies were estimated to range from less than 10 microsieverts per year ([mu]Sv/yr) (1 millirem per year (mrem/yr)) to 930 [mu]Sv/yr (93 mrem/yr) for members of the public, using a deterministic scenario analysis and the reported radionuclide concentrations and/or discharges. The second part of the study estimated the maximum radiation exposures to POTW workers and others who could be affected by low levels of man-made radioactivity in wastewater. The quantities of radionuclides released into the sewer systems were assumed to be the maximum allowed under NRC regulations at the time. Estimates of the hypothetical, maximum exposures to workers ranged from zero to a dose roughly equal to the dose individuals receive from natural background radiation. In May 1994, the U.S. General Accounting Office (GAO, now U.S. Government Accountability Office) issued a report, GAO/RCED-94-133, [[Page 68351]] ``Nuclear Regulation: Action Needed to Control Radioactive Contamination at Sewage Treatment Plants'', that described nine cases where contamination was found in sewage sludge or ash or in wastewater collection systems. GAO concluded that the full extent of contamination nationwide was unknown. GAO also concluded that the ``problem of radioactive contamination of sludge and ash in the reported cases was the result, in large part, of NRC's regulation, which was incorrectly based on the assumption that radioactive materials would flow through treatment systems and not concentrate.'' In June 1994, a joint U.S. House of Representatives and Senate hearing (June 21, 1994; S. Hrg. 103-1034) was held to officially release and address questions raised in the GAO report. At the hearing, NRC and EPA agreed to cooperate to develop guidance for POTWs and to collect more data on the concentration of radioactive materials in samples of sewage sludge and ash from POTWs nationwide. Between 1994 and 1997, Federal, State, and industry studies were conducted to assess reconcentration of radioactive materials that are released into sanitary sewer systems. In December 1994, NRC published NUREG/CR-6289, ``Reconcentration of Radioactive Material Released into Sanitary Sewers in Accordance with 10 CFR Part 20.'' A review of the literature demonstrated that some radioactive materials discharged into sanitary sewer systems reconcentrate in sewage sludge. However, the report concluded that the available data were not sufficient to assess the adequacy of the requirements in 10 CFR 20.2003 in preventing occurrences of radionuclide reconcentration in sewage sludge at levels which present significant risk to the public; nor is the available data sufficient to suggest strategies for changing the requirements. In 1996, the Association of Metropolitan Sewerage Agencies (AMSA) conducted a limited survey of reconcentration of radioactivity in sewage sludge and ash samples from some of its member POTWs. Samples were obtained from 55 wastewater treatment plants in 17 States. The most significant sources of radioactivity were potassium and radium isotopes, which are Naturally Occurring Radioactive Materials (NORM). In December 1997, the Washington State Department of Health issued a report WDOH/320-013, ``The Presence of Radionuclides in Sewage Sludge and Their Effect on Human Health,'' that was based on sludge samples taken at six POTWs in the State. The report concluded that that there was no indication that radioactive material in sewage sludge in the State of Washington poses a health risk. The Interagency Steering Committee on Radiation Standards (ISCORS) was formed in 1995, to address inconsistencies, gaps, and overlaps in current radiation protection standards. In 1996, the Sewage Sludge Subcommittee of ISCORS was formed to coordinate efforts to address the recommendations in the 1994 GAO Report. Between 1998 and 2000, the EPA and NRC (through the ISCORS) jointly conducted a voluntary survey of POTW sewage sludge and ash to help assess the potential need for NRC and/or EPA regulatory decisions. Sludge and ash samples were analyzed from 313 POTWs, some of which had greater potential to receive releases of radionuclides from NRC and Agreement State licensees, and some of which were located in areas of the country with higher concentrations of NORM. In November 2003, the results of the survey were published in a final report, NUREG-1775, ``ISCORS Assessment of Radioactivity in Sewage Sludge: Radiological Survey Results and Analysis.'' No widespread or nationwide public health concern was identified by the survey and no excessive concentrations of radioactivity were observed in sludge or ash. The results indicated that the majority of samples with elevated radioactivity had elevated concentrations of NORM, such as radium, and did not have elevated concentrations of radionuclides from manmade sources. In February, 2005, the Sewage Sludge Subcommittee published a report, NUREG-1783, ``ISCORS Assessment of Radioactivity in Sewage Sludge: Modeling to Assess Radiation Doses.'' This report contains dose modeling results for seven different sewage sludge management scenarios for POTW workers and members of the public. Results of the dose models and survey results indicated that there is no widespread concern to public health and safety from potential radiation exposures associated with the handling, beneficial use, and disposal of sewage sludge containing radioactive materials, including NORM. In February, 2005, the Sewage Sludge Subcommittee also published a report, ``ISCORS Assessment of Radioactivity in Sewage Sludge: Recommendations on Management of Radioactive Materials in Sewage Sludge and Ash at Publicly Owned Treatment Works;'' (EPA 832-R-03-002B; ISCORS Technical Report 2004-04). This report provides guidance to: (1) Alert POTW operators, as well as State and Federal regulators, to the possibility that radioactive materials may concentrate in sewage sludge and incinerator ash; (2) inform POTW operators how to determine whether there are elevated levels of radioactive materials in the POTW's sludge or ash; and (3) assist POTW operators in identifying actions for reducing potential radiation exposure from sewage and ash. Reasons for Withdrawing the ANPR The results of the survey and dose modeling work conducted by the ISCORS Sewage Sludge Subcommittee regarding radioactive materials in sewage sludge and ash provide a technical basis for withdrawing the ANPR. The survey demonstrated that the most significant levels of radioactive materials in POTWs are attributable to NORM. The dose modeling work indicated that, in general, the doses from licensed materials in sewage sludge present a sufficiently low health and safety risk to POTW workers and to the public under the current regulatory structure. Therefore, it is not necessary to modify the current restrictions regarding the release of radioactive materials into sanitary sewers (10 CFR 20.2003) as discussed in the ANPR. In addition, public comments indicated that several of the options discussed in the ANPR would be costly to implement and may not be consistent with efforts to maintain doses ALARA. For these reasons, NRC is withdrawing the ANPR. Public Comments on the Potential Changes to 10 CFR Part 20 In the ANPR, NRC invited comment on the following aspects of the regulation of release of radionuclides into sanitary sewers: The form of materials suitable for disposal, the limits on the total radioactivity of materials that can be released by a licensee into sanitary sewers in a year, also called the ``total quantity limit,'' the types of limits applied, and the exemption for medical patient excreta. The following is a summary of those comments and NRC responses. (1) Form of Material for Disposal The May 21, 1991, final rule (10 CFR 20.2003) allows soluble and readily dispersible biological material to be released but prohibits the release of any non-biological insoluble material. Because NRC recognized that new technologies for wastewater treatment, such as ion- exchange and some types of biological treatment, can reconcentrate radionuclides, NRC invited comments regarding whether and how regulations should account for the effects of different wastewater treatment [[Page 68352]] technologies on radionuclide reconcentration. NRC also invited comments regarding the potential impacts that additional restrictions on the form of materials allowable for release into sanitary sewers would have on licensee operations. Public comments regarding the adequacy of the current restrictions also were received. Comment: Nine commenters, including representatives of the New York State Energy Office, New York State Department of Environmental Conservation, AMSA, and the Department of Energy (DOE), expressed the view that the regulations should be reevaluated because of new sewage treatment technologies or should account for the effects of new technologies used to treat sewage or sewage sludge. One commenter suggested that NRC limits should account for a variety of POTW-specific factors, including sludge handling processes, and sludge disposal methods, and restrictions on the POTW's treated water discharge. Another commenter suggested NRC should take new sewage treatment technologies into account only if the results of NUREG/CR-6289, which was incomplete at the time the comment was made, indicated that new sewage treatment technologies had the potential to cause significant reconcentration of radionuclides in sewage sludge. Two commenters recommended NRC develop technology-specific reconcentration factors to help POTW operators to design appropriate pretreatment plans. A representative of DOE suggested NRC should expect that advances in the sewage treatment process would result in increasing concentration of radionuclides in sewage sludge. Two commenters recommended NRC regulations account for synergistic health effects of radiation and pollutants in wastewater, and one suggested NRC evaluate the synergistic effects of radiation and the chlorine and fluoride used in drinking water treatment. Response: NRC acknowledges the commenters' support for regulations that would account for the reconcentration of radionuclides by wastewater treatment processes. However, the regulations will not be changed because the ANPR is being withdrawn for the reasons previously explained. Comment: Four commenters expressed the view that NRC regulations should not take sewage treatment technologies into account. Reasons included uncertainty that new technologies will be implemented and a lack of information about the effects of the new technologies on radionuclide reconcentration. A representative of the State of Illinois Department of Nuclear Safety suggested NRC should keep informed of technological developments, but should not implement additional restrictions without significant evidence that the current restrictions are not adequate. Two commenters suggested that, rather than revising Sec. 20.2003 to account for new treatment technologies, NRC should consider placing additional restrictions on individual licensees to provide the necessary protection to the receiving POTWs in unusual cases where the number of licensees, size of the sewage treatment plant or nature of the technology used at the treatment plant may cause doses above 100 mrem/yr. One commenter stated that it is unnecessary for NRC regulations to account for sewage sludge treatment technologies because local POTWs have the authority and mandate to account for these technologies by developing industrial water discharge permits pursuant to 40 CFR 403.5(c)(1). Response: NRC acknowledges the commenters' opposition to the proposed rule change, which supports NRC's decision to withdraw the ANPR. With respect to the comment that POTWs have the authority and mandate to impose limits on radioactive materials released into sanitary sewers, NRC notes that, as described in Section 4.7 of the ISCORS recommendations on management of radioactive materials in sewage sludge and ash (EPA 832-R-03-002B), POTWs may not have the same authority to regulate radioactive material as they do to regulate other materials released into sanitary sewers. Comment: Eight commenters expressed the view that NRC regulations should account for the fact that several licensees may discharge to the same POTW, and, of those, five expressed the view that the regulations should also take the capacity of the POTW into account. Five commenters stated that restrictions on the release of nonradioactive pollutants established under EPA's National Pollutant Discharge Elimination System (NPDES) account for the capacity of the receiving POTW, the wastewater treatment systems used, and the number of industrial users discharging to a POTW, and suggested any new regulations governing the release of radioactive materials into sanitary sewers should take these factors into account. A representative of DOE expressed the view that changes to the regulations to account for multiple dischargers should be considered but may not be necessary because sanitary systems serving multiple licensees would probably be large systems in which the licensees' effluent would be diluted by many other inputs to the sewer system. One commenter suggested that, if limits on the total amount of radioactivity individual POTWs could receive were developed, any cases in which the limits are being exceeded by licensees that were already discharging sewage into the sewer system before the limits were developed should be handled on a case-by-case basis. Response: NRC acknowledges the commenters' support for regulations that would account for the capacity of individual POTWs and the number of licensees discharging to a single POTW. However, the proposed change will not be implemented for the reasons previously explained. Comment: Twenty-seven commenters were opposed to additional restrictions on the forms of material suitable for release into sanitary sewers. Twenty-one stated that the potential for significant reconcentration of radionuclides during wastewater treatment probably had been addressed by the May 21, 1991 changes to Part 20 (56 FR 23360) that restricted the forms of materials that could be released into sanitary sewers and lowered concentration limits. Another commenter expressed the view that it was unclear whether contamination described in the case studies discussed in the ANPR occurred because of violations of the existing regulations, and also that it would be inappropriate for NRC to respond to individual violations of regulatory requirements by making changes to the regulations for all licensees. Representatives of six licensees indicated that additional restrictions on the forms of material appropriate for disposal would impose a significant burden on their operations. Commenters listed the costs of building new storage facilities, analyzing samples of waste to determine whether insoluble radionuclides were present, and establishing new collection, handling, and disposal procedures as well as retraining of personnel as expenses that would be incurred if additional restrictions were imposed. In addition, three commenters expressed the concern that further restricting the forms of material appropriate for disposal in a sanitary sewer would not be consistent with NRC's policy that doses should be maintained ALARA because the additional waste handling that would be required would cause doses to workers that would not be justified based on the minimal dose to members of the public or POTW workers that might be avoided. Response: NRC acknowledges the commenters' remarks, which support [[Page 68353]] the withdrawal of the ANPR. However, the NRC staff notes the need to analyze samples of waste to determine if the waste contains insoluble radionuclides should not impose an additional burden because the restriction on releasing insoluble, non-biological wastes was already in place when the comment was made. Comment: Twenty-three commenters encouraged NRC to continue to allow release of readily soluble wastes that met the quantity and concentration release criteria in 10 CFR Part 20. Twenty-one of those commenters indicated that they were unaware of any significant problems caused by the disposal of soluble radioactive material in sewer systems. Three commenters stated that they were not aware of any mechanisms that would reconcentrate the wastes typical of biomedical research in sewage sludge, and two of these stated that the activity levels were sufficiently low that reconcentration, even if it did occur, would not cause a significant dose. Response: NRC acknowledges the commenters' support for the continuation of the current regulations which allow certain concentration and quantities of readily soluble radioactive material into sanitary sewers. Comment: Two commenters suggested that NRC should change the regulation to re-establish disposal of dispersible non-biological materials. One commenter suggested disposal of non-biological dispersible materials should be allowed for materials that have half- lives of less than 100 days or are below the concentrations listed in 10 CFR Part 20 Appendix C. Response: NRC acknowledges the commenters' suggestion that release of non-biological dispersible material into sanitary sewers be allowed. NRC understands that reconcentration of a radionuclide in sewage sludge can be limited by its half life. However, NRC has chosen not to change the regulation governing the release of radioactive material into sanitary sewers for the reasons previously explained. Comment: Six commenters, including a representative of DOE, noted that the chemical form of materials released into the sewer can change, and that materials that are soluble when released may precipitate or sorb to solid particles in the sewer or treatment plant. A representative of the New York State Department of Environmental Conservation suggested NRC study not only the effect of new technologies on radionuclide solubilities, but also how the solubility of radioactive materials change in sanitary sewers. A representative of DOE noted that precipitation and sorption could cause risks to individuals who work in POTWs, work in close contact with sewers, or who incinerate or use wastewater treatment sludge. In addition, the commenter remarked that, while it appeared to be reasonable to limit sewer releases to soluble and dispersible biological materials, NRC should realize that licensees could release insoluble or nondispersible materials to sewer systems inadvertently. One commenter expressed the view that NRC regulations should account not only for the form of material when released, but the form it was likely to take after being discharged. Three commenters expressed the view that, because the form of a material discharged is likely to change when it reaches the sewer or POTW, the modification to 10 CFR 20 that eliminated disposal for non- biological ``readily-dispersible'' materials may not have removed the chance that radionuclides could reconcentrate in wastewater treatment sludge. Two commenters remarked that reconcentration of radionuclides probably would continue, in part because POTWs are designed to remove dissolved contaminants from wastewater. However, both commenters expressed the opinion that reconcentration is not necessarily a problem if the dose any individual is expected to receive from exposure to sewers, sewage, or sludge is low. Response: NRC understands that materials that are released into the sewer in a soluble form can precipitate or sorb to solid materials in sewers or POTWs, as discussed in NUREG/CR-6289. Most of the commenters' concerns about the potential risk to POTW workers are addressed in the ISCORS dose modeling report (NUREG-1783), as previously explained. Although the ISCORS dose analysis (NUREG-1783) does not include an analysis of doses to workers that come into contact with sewers, those doses are expected to be limited because of the limited amount of time a worker would spend in close contact with a sewer and because of the relatively low doses predicted for most scenarios that involve contact with sewage sludge. NRC acknowledges the concern that licensees may inadvertently dispose of insoluble non-biological material. NRC also acknowledges the suggestion that the regulations should account for changes in the form of materials that are likely to occur in sewers and POTWs and the concern about the efficacy of the 1991 revisions. For the reasons previously explained, NRC has decided not to change the regulations governing the release of radioactive material into sanitary sewers. However, NRC staff notes that, in addition to restrictions on form, NRC also has imposed annual limits in 10 CFR 20.2003(a)(4) on the total amount of radioactivity that can be released into sanitary sewers to limit the potential for reconcentration of radioactive material in sanitary sewers, sewage sludge, and sludge ash. Comment: Five commenters supported additional restrictions on the form of materials that can be released into sanitary sewers. One commenter expressed the view that the practice, used by some medical research laboratories, of releasing pureed tissue samples to the sanitary sewer was distasteful. Another commenter expressed the opinion that NRC should impose any requirement that would minimize the amount of radioactivity in the environment. Response: NRC acknowledges the commenters' support for additional restrictions on the forms of material suitable for release into sanitary sewers but is not changing the regulations because it believes the current approach is sufficiently protective, as previously explained. Comment: Three commenters requested clarification regarding the distinction between soluble and readily dispersible materials. One requested that an information notice be produced to address materials used in the biotech industry. Another commenter expressed the concern that it would be difficult to demonstrate compliance with the restriction that only soluble and readily-dispersible biological materials be released into sanitary sewers if colloids that flow through filters and resins are classified as non-biological dispersible material. The commenter proposed an operational procedure to distinguish between soluble and readily dispersible materials. A representative of the New York State Department of Environmental Conservation noted that traces of insoluble radioactive material could be released into sewers with soluble materials, and requested that NRC establish a lower limit of detection for insoluble material. Response: NRC acknowledges the commenters' request for additional guidance on how licensees should demonstrate the solubility of radioactive material released to sanitary sewers. Although NRC does not have plans to provide additional guidance on this issue, the staff notes that, as discussed in NRC Information Notice 94-007, licensees are free to develop alternative methods of demonstrating the solubility of materials they wish to release into sanitary sewers and to submit these [[Page 68354]] procedures to NRC for evaluation on a case-by-case basis. (2) Total Quantity of Material In the May 21, 1991 final rule, NRC did not change the total quantity limits, which allow a licensee to release 185 gigabecquerel (GBq) (5 curies (Ci)) of H-3, 37 GBq (1 Ci) of C-14, and 37 GBq (1Ci) of all other radioactive materials combined into sanitary sewers each year. The use of total quantity limits has been a long-standing requirement and was originally included in the rule (10 CFR 20.2003(a)(4)) to address concerns regarding the possibility for reconcentration of radionuclides. In the ANPR, NRC invited comments about the alternative approach of limiting the annual release of each radionuclide individually. NRC also invited comments about the current total quantity limits and the potential impacts that additional restrictions on the annual releases into sanitary sewers would have on licensees. Prior to publishing the ANPR, NRC received a petition for rulemaking to amend 10 CFR 20.303 (superseded by Sec. 20.2003) and Sec. 20.305 (superseded by Sec. 20.2004) from the Northeast Ohio Regional Sewer District (PRM-20-22). A notice of receipt of the petition was published in the Federal Register (58 FR 54071; October 20, 1993). The petitioner requested that NRC amend its regulations to require that all licensees provide at least 24 hours advance notice to the appropriate POTW before releasing radioactive material to the sanitary sewer system. The petitioner also requested that NRC exempt materials that enter the sanitary waste stream from the requirements regarding Commission approval for incineration under NRC's current regulations. NRC solicited comments on the petition in the ANPR. The denial of the petition was noticed in the Federal Register on January 27, 2005 (70 FR 3898). Comment: Six comments received in response to the ANPR supported annual total quantity limits. Two commenters, including a representative of DOE, suggested total quantity limits should be retained because they help prevent reconcentration of radionuclides in sewage sludge and two supported the total quantity limits because they are easy for licensees and regulators to understand and implement. Two commenters, including the representative of DOE, suggested it may be worthwhile for NRC to evaluate whether the regulation could be optimized by changing the annual release limits for some radionuclides. A representative of the Illinois Department of Nuclear Safety expressed the opinion that the relatively low doses calculated for the case studies described in the ANPR and predicted for other scenarios in NUREG/CR-5814 indicated that reconcentration of radionuclides in sewage sludge could be addressed on a case-by-case basis rather than by changing the total quantity limits in Sec. 20.2003. Response: NRC acknowledges support for the current approach of using annual limits on the total quantity of radioactive material that can be released into sanitary sewers by a licensee. In accord with the commenters' suggestion, NRC performed a study to evaluate the reconcentration of various radiounuclides in POTWs, the results of which are discussed in NUREG/CR-6289. Comment: A representative of the City of Oak Ridge made positive and negative statements about NRC annual total quantity limits. The commenter stated that both concentration and total quantity limits were necessary to ensure protection of workers and to ensure that traditional methods of sludge disposal remain acceptable. However, the commenter also expressed the view that the current values of the total quantity limits are too high and stated that disposal of 37 GBq (1 Ci) of Co-60 annually to the Oak Ridge POTW would result in unacceptably high concentrations of Co-60 in the POTW's sludge, especially if the material was released during a relatively short time period. The commenter also expressed the opinion that the total quantity limits are inappropriate for low specific activity radionuclides because of the large mass of the radionuclide that could be discharged. As an example, the commenter stated that release of 37 GBq (1 Ci) of U-238 to the city's POTW in a year would result in a mass concentration of uranium of more than 0.05 percent in the POTW's sludge, making the sludge licensable source material. In addition to these comments, the commenter suggested that, because the mean retention time of sludge at a POTW typically is one month or less, a monthly discharge limit would be more appropriate than an annual limit. Response: NRC acknowledges the commenter's concern about the release of Co-60 to a POTW and the suggestion that quantity limits should be implemented on a monthly, rather than an annual, basis. The staff notes that the 1991 revision to 10 CFR Part 20 that eliminated the discharge of insoluble non-dispersible radioactive material into sanitary sewers was implemented to reduce the possibility of significant contamination of sewage sludge with insoluble radionuclides, such as Co-60. NRC has decided not to change the regulations governing sewer release of radioactive material for the reasons previously explained. NRC acknowledges the commenter's concern about the applicability of the total quantity limit to low specific activity radionuclides. However, NRC does not agree that the accumulation of large masses of low-specific activity radionuclides in POTWs is likely to be problematic. In addition POTWs have some authority to impose limits on the release of material into sanitary sewers when the purpose of the limits is not radiation protection, as discussed in Section 4.7 of the ISCORS recommendations on management of radioactive materials in sewage sludge and ash (EPA 832-R-03-002B). Comment: Twenty-three commenters described concerns about the current approach of limiting the total amount of radioactivity a licensee may release into a sanitary sewer system. Nineteen commenters expressed the opinion that it is not appropriate to apply the same total quantity limit to large and small facilities that discharge different amounts of sewage and therefore dilute radioactive materials to different extents. Another commenter stated that NRC should not attempt to impose total quantity limits on large facilities. Seventeen commenters expressed the view that NRC should consider relaxing the total quantity limits because of the new restriction on the form of material and lower release concentration limits implemented in the 1991 revision to 10 CFR Part 20. The commenters expressed the opinion that adherence to the new form and concentration limits may eliminate the need for total quantity limits. Three commenters suggested that, instead of limiting the total quantity of radioactivity a licensee could dispose of into a sewer, NRC should focus on the radionuclides and chemical forms of radionuclides that reconcentrate in POTWs to a significant extent. One commenter expressed the concern that a person could dispose of 37 GBq (1 Ci) of Cs-137 within a month while remaining in compliance with the current concentration and total quantity limits. Another commenter suggested concentration limits are sufficient and are superior to total quantity limits because concentration limits account for the total volume of water a licensee releases to the sanitary sewer system. The commenter noted that, although the nominal purpose of the total quantity limits is to eliminate reconcentration, the total quantity limits do not appear to prevent reconcentration, as evidenced by the case studies described in the [[Page 68355]] ANPR. The commenter suggested reconcentration could be avoided by reducing the allowable concentrations of those radionuclides that have shown a tendency to reconcentrate in sewage sludge. Response: NRC acknowledges the comment about the application of the same total quantity limit to large and small facilities, but believes that the system is appropriate. Because the total quantity limit is designed to reduce the potential for reconcentration of radionuclides at POTWs, an appropriate total quantity limit is more dependent on the volume of sewage received by a POTW than it is on the volume of a licensee's effluent. NRC acknowledges the comment that total quantity limits should be relaxed or eliminated, but does not agree that the limits on form and concentration eliminate the need for annual quantity limits. As discussed in NUREG/CR-6289, the form of radionuclides can change upon entering a sewer or POTW because of sorption and precipitation. NRC also acknowledges the concern that total quantity limits did not prevent the cases of contamination discussed in the ANPR. NRC believes that limiting both the form and total quantity of material released into sanitary sewers is the best way to limit the potential for significant reconcentration of radionuclides released by licensees into sanitary sewers. NRC acknowledges the commenters' suggestion that, instead of imposing total quantity limits, it should focus on those radionuclides that have been shown to reconcentrate in sewers or sewage sludge. NRC also acknowledges the commenter's concern about the discharge of Cs-137 but believes the current approach to be sufficiently protective for the reasons previously explained. Comment: One commenter expressed the view that additional limitations on the release of H-3 and C-14 into sanitary sewers would not produce any public health benefit because any dose an individual received from sewer-disposed H-3 and C-14 would be negligible in comparison to the dose the individual would receive from naturally- produced H-3 and C-14. Response: NRC acknowledges the commenter's view that additional restrictions on the quantities of H-3 and C-14 are unnecessary. The comment supports the withdrawal of the ANPR and the current total quantity limits which allow the annual release of 185 GBq (5 Ci) of H-3 and 37 GBq (1 Ci) of C-14 in addition to the release of 37 GBq (1 Ci) of all other radionuclides combined. Comment: Eight licensees expressed the view that additional restrictions on the total quantity of radioactive material that could be released into sanitary sewers annually would have a severe negative impact on their facilities' operations. Representatives of a biomedical company, a university, and the National Institutes of Health (NIH) noted that a reduction in the total quantity limits would impose a significant financial burden on organizations involved in biotechnical research, development, or medical practice, especially if the limits were reduced to a point that liquid wastes would need to be solidified and disposed of as low level waste (LLW). The representative of NIH estimated that solidification and disposal of liquid wastes as LLW would cost NIH 2.8 million dollars annually, as of 1994. Two commenters remarked that companies would bear the additional expense of acquiring or building storage facilities or acquiring treatment technologies to remove radioactivity from liquid waste streams. One commenter noted that LLW disposal of many of the materials currently released into sanitary sewer systems would be a particularly unnecessary expense and inefficient use of LLW landfill space because, in many cases, the material would decay to negligible quantities before it reached the LLW landfill. Five commenters associated with medical research facilities or companies that produce radiopharmaceuticals suggested additional restrictions on the total quantity of radioactive material that could be released into sanitary sewers annually could harm public health and safety by causing companies to limit biomedical research and development efforts. One of these commenters stated that the amount of radioactivity released into sanitary sewers in association with medical research was insignificant as compared to the amount of radioactivity released to sewers in patient excreta and concluded that release of radioactive materials associated with biomedical research should be allowed as long as the exemption for patient excreta is continued. Two commenters expressed the opinion that additional restrictions on the total quantity of radioactivity a licensee could release into sanitary sewers annually would not be consistent with efforts to maintain doses ALARA because workers would be exposed to radioactive material while processing liquid waste to make it suitable for LLW disposal. A representative of a company that offers health physics services stated that, for most of its clients who want to release radioactive material into sanitary sewers, the most limiting factor is the annual total quantity limits. A representative of the University of California expressed concern that the numerical limits in 10 CFR 20.2003 would be lowered, although the university typically releases only 11.1 Gbq (0.2 Ci) of radioactivity into sanitary sewers each year. Response: NRC acknowledges the commenter's concerns about the potential impacts of additional restrictions on the total quantity of radioactive material that a licensee can release to sewers annually. As previously explained, the additional restrictions discussed in the ANPR will not be implemented. Comment: A representative of AMSA stated that, although the organization understands that lowering total quantity limits could impose financial burdens on licensees, additional restrictions are appropriate if they are needed to prevent contamination of sewage sludge. Response: NRC acknowledges the commenter's statement, but has decided not to change the total quantity limits because it believes the current approach is sufficiently protective for the reasons previously explained. Comment: Twenty-one letters received in response to the ANPR included comments on the Northeast Ohio Regional Sewer District's request for NRC to amend its regulations to require that all licensees provide at least 24 hours advance notice to the appropriate POTW before releasing radioactive material into a sanitary sewer system. Six of the twenty-one commenters supported a requirement for licensees to provide the sewage treatment plant with some type of reporting on the radioactive materials released into the sanitary sewer system. These commenters supported a wide range of reporting requirements, including the petitioner's request for a 24-hour advance notification before licensees release radioactive material, monthly or annual discharge reports, reports of releases that could be a threat to the POTW workers or the environment, or notification of large accidental releases. One commenter suggested licensees should analyze effluent samples and include the results in discharge reports. A representative of AMSA stated that advance notice of releases is necessary so that POTW operators can ensure worker health and safety and make appropriate decisions about sludge disposal and reuse. Fifteen of the twenty-one commenters did not support such a requirement for licensees to provide at least 24-hour [[Page 68356]] advance notice to the appropriate sewage treatment plant before releasing radioactive material into a sanitary sewer system. Several commenters said that a 24-hour advance notification would result in an unnecessary regulatory burden without providing additional protection against radiation or dose reduction. These commenters expressed the view that the existing regulations for discharges of licensed material maintain doses at or below the existing dose limits for members of the public and if licensees meet the ALARA goals, the 24-hour advance notification would be unnecessary. Several commenters noted that such notification would be impractical because most releases are continuous and involve very small quantities of radioactive material. For example, discharges from hospitals and medical facilities would change daily depending on the number of patients treated and types of treatment used. Several commenters also noted that there could be large cost implications and regulatory burdens associated with such notification. In addition, commenters were concerned that data about releases of radioactive material could be misinterpreted if release reports were received and interpreted by sewage treatment plant personnel rather than radiation safety specialists. Several commenters stated that such an NRC requirement for licensees to provide a 24-hour advance notification was unnecessary because local municipalities have authority over their local sewer district, already have requirements to follow the Clean Water Act, and may establish a pretreatment program for wastewater acceptance. One commenter noted that the usefulness of a 24-hour advance notification should be assessed after the new limits for sewer discharges are in place. Response: NRC has determined that a requirement for advance notification of each release of radioactive material to a sanitary sewer would impose an unnecessary regulatory burden on licensees without a commensurate health and safety benefit. Additional reasons for the denial of the petition are discussed in the Federal Register notice published on January 27, 2005 (70 FR 3898). Comment: Six comment letters received in response to the ANPR included comments on the Northeast Ohio Regional Sewer District's request that NRC exempt materials that enter the sanitary waste stream from the requirement for NRC approval prior to treatment or disposal of licensed material by incineration. Four commenters supported such an amendment because, given the radioisotopes and activities involved, the pathways for human exposure from radioactive wastes seem no more or less significant if the wastes are dispersed into water or air. These commenters suggested that, if release into a sanitary sewer system is to be considered disposal, the limits should be set so that no further regulation of the radioactive material is needed after release. One commenter did not support such an amendment and expressed the view that it would only serve to provide an open-ended system for radioactive material to pass into the environment and to the public without limitation or characterization. Response: NRC approval to incinerating waste is required to ensure that NRC may evaluate the potential impact to the public health and safety and the environment on a case-by-case and site-specific basis. Hazards associated with incineration of sewage sludge will depend on the specific characteristic of the sludge and the radionuclides that may be present. Additional reasons for the denial of the petition are discussed in the Federal Register notice published on January 27, 2005 (70 FR 3898). (3) Type of Limits The present approach to limiting releases of radioactive material into sanitary sewers is to specify limits on both the monthly average concentration of each radionuclide in a licensee's sewage and the total quantity of radioactive matter that a licensee can release annually. Table 3, Appendix B, of 10 CFR Part 20 lists the allowable monthly average concentration of each radionuclide in a licensee's release to sewers. Allowable concentrations are based upon a calculated dose of 5 mSv/yr (500 mrem/yr) due to ingestion of 2 liters per day of a licensee's effluent into the sanitary sewer. In the ANPR, NRC invited comments on this regulatory approach. Specifically, NRC invited comment as to whether it should continue to base concentration limits on the assumption that an individual would drink 2 liters of the effluent from a licensee's facility each day, and whether exposure at other locations, such as at a POTW, should be considered in developing release limits. In addition, NRC invited comments about how other exposure scenarios, such as exposure to radionuclides in contaminated sludge, should be accounted for. NRC also invited comments as to whether it should establish limits in terms of dose instead of limits on the quantity and concentrations of radioactive material discharged. Included with the responses to these inquiries were several comments about monitoring, enforcement actions, and regulatory authority to set limits on releases of radioactive material into sanitary sewers that have been addressed with the General Comments. Comment: Twenty-three commenters supported the current modeling approach of assuming that an individual ingests 2 liters of water taken from the licensee's outfall to the sewer system each day. Nineteen of these commenters, representing hospitals, biomedical laboratories, and universities, noted that this assumption is conservative and easy for licensees to understand. A representative of DOE noted that the approach appears to be bounding, and has been ``largely successful as a regulatory measure''. The commenter also expressed the view that, because this type of consumption is not expected to be chronic, it is appropriate to base concentration limits on a calculated annual dose of 500 mrem instead of 100 mrem. One commenter did not specifically address the assumption that an individual would drink 2 liters of a licensee's discharge each day, but did support the use of a licensee's sewer outfall as an appropriate exposure location. Two commenters expressed the view that the modeling assumption was appropriate because individuals, including children, could drink or otherwise be exposed to water directly downstream of a sewer outfall. Another commenter that supported the current assumption expressed the view that modeling exposure at a licensee's outfall to a sewer system is consistent with modeling exposure at a licensee's fence line, as is done in other NRC assessments, and that considering a downstream location would be inconsistent with modeling exposure to the maximally exposed individual. Response: NRC acknowledges support for the current modeling assumption. The staff notes that several commenters appeared to believe that the concentration limits were based on the assumption that an individual would consume 2 liters of sewage from a POTW outfall, rather than 2 liters of a licensee's effluent into the sewer system, each day. Staff notes that the assumption that an individual would consume a licensee's effluent is more conservative than the assumption that an individual would consume POTW effluent because the concentration of radionuclides in POTW effluent will have been diluted with effluent from all of the other residential and industrial dischargers to the POTW. [[Page 68357]] Comment: Three commenters expressed concern that the concentration limits are based on an annual dose of 5 mSv (500 mrem) and stated that the concentration limits should be based on an annual dose of no more than 1 mSv (100 mrem), in accord with the 10 CFR 20.1301 limit on doses to members of the general public from licensed activities. One commenter expressed the view that the 1 mSv (100 mrem) annual public dose limit should be lowered. Two commenters expressed the view that the dose from ingesting a licensee's effluent should be included in the 1 mSv (100 mrem) TEDE annual public dose limit rather than being calculated separately and excluded from the 10 CFR 20.1301 limit. Another expressed the view that, if any activity were to be permitted to be discharged into sanitary sewers, the limiting dose for exposure to sewage sludge should be no greater than the dose limit for low level radioactive waste. Response: NRC acknowledges the commenters' concern about the hypothetical dose used as the basis for the concentration limits. As discussed in the ANPR, the NRC staff believes the concentration limits based on an annual dose of 5 mSv (500 mrem) are reasonable because it is unlikely that an individual would have access to and would consume water at the point at which a licensee discharges water into the sanitary sewer and because dilution from additional discharges into the sewer is likely to reduce the expected dose to well below the 1 mSv (100 mrem) annual dose limit. NRC also acknowledges the commenters' suggestion that the dose from consuming effluent released into the sanitary sewer be included in the TEDE from other licensee operations. However, in the case of sewer discharge, the point of exposure is expected to be remote from the licensee's facility. Because individuals that could be exposed to a facility's effluent are different individuals than those that live closest to the facility, it would be unrealistic to include the dose from exposure to a licensed facility's effluent in the total dose from all of the facility's activities. The staff notes that comments regarding the appropriate value of the annual dose limit for members of the public from licensed activities specified in 10 CFR 20.1301 are beyond the scope of this rulemaking. Comment: Ten commenters did not support the use of the current modeling approach of assuming that an individual ingests 2 liters of water taken from a licensee's sewer outfall each day. Almost all of these commenters expressed the view that the assumption is unrealistic. One commenter expressed the view that, while the assumption that an individual ingests 2 liters of water taken from a licensee's sewer outfall each day is a reasonably conservative basis for concentration limits, the assumption may not be a basis for total quantity limits because it would over-emphasize the potential impact of short-lived radionuclides. Response: NRC acknowledges the commenters' opposition to the current modeling approach. However, it will be retained because the ANPR is being withdrawn for the reasons previously explained. With respect to the comment about the basis for total quantity limits, the staff notes that the assumption that an individual would consume a licensee's effluent is used as the basis of the concentration limits but is not used as the basis of the total quantity limits. Comment: Ten commenters suggested alternate locations that NRC should consider when developing restrictions on the release radioactive materials into sanitary sewer systems. Of these, five suggested NRC consider the dose to a person ingesting water once it has reached or is leaving a POTW rather than at the licensee's sewer outfall. Three commenters suggested NRC consider locations downstream of a POTW that would be likely to be locations from which a municipality would extract drinking water, while one suggested doses in the nearest residential area should be considered. Another commenter suggested realistic models would incorporate a factor of at least one million between the point of discharge and a receptor locations, and suggested that, if NRC used a more realistic dose model, it would become clear that additional release restrictions are unnecessary. One commenter suggested that, in considering potential doses to members of the public, NRC should consider that sludge could be sent to a landfill, applied to agricultural land, or made into compost for sale to the public. Five commenters, including representatives of POTWs and DOE, recommended NRC consider doses to sanitation workers and two commenters suggested NRC consider doses to workers that come into contact with sewage collection systems as well as POTW workers. One commenter noted the importance of matching exposure locations to appropriate pathways and suggested external radiation by gamma emitters may be an important pathway for POTW workers, whereas ingestion of beta emitters would be expected to be more important at a downstream drinking water source. Five commenters suggested NRC consider that the careful treatment given to sewage and sludge because of the other hazards it presents should limit doses to sanitary system workers. One commenter added that NRC regulations also should prevent contamination of sewers, POTWs, receiving waters, and sludge and ash disposal sites. Another commenter suggested NRC consider potential exposures to all POTW residuals, including sludge, screenings, grit, and ash. The commenter also pointed out that sewer pipes may leak and suggested NRC consider the potential for groundwater contamination. Response: The alternate locations that the commenters suggested should be considered in dose models will not be used as a basis for a revision to the regulations because the ANPR is being withdrawn for the reasons previously explained. However, the NRC staff notes that several of the modeling scenarios suggested by the commenters, including sludge handling by POTW workers, sludge incineration, and exposure to land- applied sewage sludge, were considered in the ISCORS dose modeling project (NUREG-1783). Comment: Six commenters, including representatives of POTWs and the New York State Department of Environmental Conservation, suggested that, in addition to protecting the general public and sanitation workers, NRC regulations should ensure that POTWs can continue to use traditional forms of use or disposal of biosolids (sewage sludge). One commenter noted that events that have not resulted in significant worker exposure have prevented POTWs from using or disposing of sewage sludge. Response: Additional restrictions on the release of radioactive material into sanitary sewers will not be implemented for the reasons previously discussed. Section 7.2 of the ISCORS recommendations on management of radioactive materials in sewage sludge and ash (EPA 832- R-03-002B) provides guidance to assist POTW operators in reducing sources of radiation entering their treatment facilities. Comment: Four commenters made suggestions about ways to account for complex exposure scenarios, such as exposure to contaminated sewage sludge. One commenter suggested that a variety of scenarios should be evaluated and that the scenario resulting in the highest dose should be used to establish limits on releases of radionuclides to sewers. Another commenter expressed the opinion that dose models should reflect limitations on access that are imposed to protect individuals from other health risks associated with sewage and sewage sludge. One [[Page 68358]] commenter suggested no model could adequately represent complex exposure scenarios because dose modeling was not sufficiently well developed. Response: The approaches the commenters suggested will not be used as a basis for new restrictions on the release of radioactive material into sanitary sewers because the ANPR is being withdrawn for the reasons previously explained. NRC staff acknowledge the commenter's statement about the capabilities of dose modeling. Comment: Of the fourteen commenters that addressed dose limits, seven supported implementation of dose limits. One commenter expressed the view that dose limits are preferable to limits on concentration and quantity alone because dose limits are easier to relate to risk. The commenter suggested the assumptions used to evaluate compliance with dose limits should be realistic. The commenter also suggested the use of a tiered approach, in which simple bounding assumptions are first used to evaluate compliance, and more complex models and more site- specific data are used only if the simple bounding model does not demonstrate compliance. Another commenter suggested that, if the appropriate models were developed, releases into sanitary sewers should be controlled under the requirements of 10 CFR 20.1302 and ALARA guidelines just as other facility effluents are. The commenter also noted that the potential doses calculated in NUREG/CR-5814 indicate that the current regulations governing the release of radionuclides into sanitary sewers are more restrictive than other NRC dose limits on facility effluents. Two commenters expressed the view that dose limits should be adopted only if the current limits were found not to be protective of the public or POTW workers. Four commenters agreed with the proposal in the ANPR that, if dose limits were adopted, NRC should publish a regulatory guide that included concentration and total quantity guidelines to facilitate compliance. One commenter asked if licensees would have a choice of complying with the dose limit or with the concentration and quantity guidelines published in a Regulatory Guide. Two commenters advocated dose limits, but expressed the view that the dose limits should be based on measured radionuclide concentrations from samples taken from sewer outfalls and intakes or on readings from dosimeters placed at POTWs rather than on concentrations calculated based on assumptions about releases to and dilution in sanitary sewers. Response: NRC acknowledges the commenters' support for sewer release restrictions to be expressed as limits on dose rather than activity. NRC also acknowledges the commenters' suggestion that compliance with dose limits be made based on sample measurements. However, these options will not be implemented because the ANPR is being withdrawn for the reasons previously explained. No response is required to the commenter's question about compliance with dose limits because the ANPR is being withdrawn. Comment: Of the fourteen commenters that addressed dose limits, six commenters opposed dose limits, and a representative of the New York State Department of Environmental Conservation noted potential problems with implementing dose limits but suggested NRC study the option. Almost all of the commenters that opposed dose limits commented on the uncertainty of assumptions about exposure pathways and the relative complexity of implementing dose limits as compared to concentration and quantity limits. Three commenters predicted dose limits would require more regulatory oversight because NRC would need to review each licensee's dose model. One commenter expressed the concern that dose limits could make it necessary for licensees to require prior approval for releases of radioactive material into sanitary sewers. One commenter supported the current limits but suggested that, if dose limits were adopted, the dose limit should be 500 mrem/yr, realistic modeling assumptions should be made, and the modeling assumptions to be used in compliance calculations should be clearly defined. Another commenter advocated the use of limits expressed in ``verifiable units of measure'' rather than limits expressed as dose and expressed doubts about the capabilities of computer models used to calculate dose. Another commenter stated NRC should not limit the dose a patient could receive from a prescribed medical procedure. Response: NRC acknowledges the commenters' opposition to dose limits, which will not be implemented because the ANPR is being withdrawn. With respect to the commenter's concern that NRC should not limit the dose a patient could receive due to a medical procedure prescribed by his physician, the NRC staff notes the scope of the ANPR was limited to potential doses due to exposure to radioactive material in sewage or sludge. In general, NRC regulates the uses of radionuclides in medicine as necessary to provide for the radiation safety of workers and the general public and does not intrude into medical judgments affecting patients. Additional detail on this topic can be found in NRC's Final Policy Statement on the Medical Use of Byproduct Material, which was published in the Federal Register on August 3, 2000 (70 FR 3898). Comment: Two commenters expressed concern that NRC would consider setting any non-zero dose limit for POTW workers. Both commenters expressed the view that any dose received by a POTW worker because of exposure to radionuclides released into sanitary sewers by licensees would not be ALARA if the only reason such releases were allowed was to provide an inexpensive method of waste disposal to NRC licensees. Response: NRC acknowledges the commenters' concern about sanitary system worker doses but disagrees with the view that only a dose of zero could be ALARA. The staff notes that the ISCORS dose modeling report (NUREG-1783) concludes that POTW worker doses typically are very low and are dominated by exposure to NORM. Additional restrictions on the release of radioactive material into sanitary sewers will not be implemented for the reasons previously discussed. Comment: Three commenters expressed views on the appropriate time period over which releases should be averaged. A representative of a municipality suggested monthly averages should not be used because the practice encourages the use of dilution as a means of meeting the regulations. A representative of AMSA suggested daily averages should be used because POTW workers could be exposed to sewage and sludge on a daily basis. In contrast, a representative of a public utility district supported the use of weekly or monthly averages. Response: NRC acknowledges the commenters' suggestions about appropriate time periods over which releases should be averaged. NRC believes monthly averages are appropriate because the effects of small quantities of radioactivity released during a month are not expected to depend on the time period over which the radioactive material is discharged. Monthly limits will be retained because the ANPR is being withdrawn for the reasons previously explained. Comment: Ten commenters supported the development of annual release limits for individual radionuclides or groups of radionuclides. Eight commenters suggested limits for individual radionuclides should be based on the results of dose models. Specific factors that commenters [[Page 68359]] suggested should be included in a dose model included a radionuclide's specific activity, half-life, and solubility, and factors affecting the radionuclide's fate and transport in sewers, wastewater treatment process, and the environment. Two commenters recommended NRC consider imposing different discharge limits for those radionuclides and chemical forms that reconcentrate in POTWs to a significant extent and those that do not. Another commenter suggested NRC set limits for individual radionuclides based on whether they pose a risk primarily due to internal or external exposure and specifically suggested pathway modeling should include exposure to radionuclides that volatilize from sewage at a POTW, exposure to raw river water, and ingestion of treated river water. Another commenter suggested NRC consider the fate of radionuclides in engineered wetlands that are used by some POTWs as a final treatment step. One commenter predicted annual release limits for individual radionuclides would provide more flexibility to licensees and eliminate the need for special licensing exceptions to the current total quantity limits. A representative of DOE predicted that only a very few radionuclides would require reduced quantity limits even if the limits were conservative to bound variations in sewage plant designs and operating characteristics and to account for potential improvements in waste water treatment technology. Four commenters suggested that annual release limits should be based on radionuclide half-life. A representative of the Texas Department of Health predicted it may be difficult for licensees to keep track of the quantity of each radionuclide released and suggested NRC impose one quantity limit for short-lived radionuclides that would be unlikely to reconcentrate in sewage sludge and a lower limit for long-lived radionuclides that have a greater potential to reconcentrate in sewage sludge. A representative of the New York State Department of Environmental Conservation noted that it may not be appropriate to use Annual Limit of Intake (ALI) values as a basis for annual release limits for individual radionuclides, as suggested in the ANPR, because the ingestion pathway may not be the most significant exposure pathway and because the chemical form of a radionuclide may be significantly different when it is released from a POTW than it was when it was originally discharged to the sewer. One commenter suggested both the total quantity of all radionuclides as well as quantities of individual radionuclides released should be limited, and that quantity limits for individual radionuclides should be based on fractions, rather than multiples, of ALI values. The commenter also suggested annual limits should assure the lowest possible rather than the lowest ``reasonably achievable'' exposure of members of the public to radionuclides. Response: NRC acknowledges the commenters' support for the development of annual release limits for individual radionuclides or groups of radiounuclides. However, the proposed change will not be made because the ANPR is being withdrawn for the reasons previously explained. Comment: Five commenters opposed the development of annual release limits for individual radionuclides. Two commenters suggested the low calculated doses received in the case studies discussed in the ANPR indicate the current regulations are adequate. Two commenters suggested that, if NRC were to change the annual quantity limits, it should focus on Co-60, Sr-90, Cs-137, Ir-192, and Am-241, because these radionuclides were identified in NUREG/CR-5814 as having the potential to result in a significant dose, based on the pre-1991 release limits. A representative of the State of Illinois Department of Nuclear Safety recommended NRC change the total quantity limits only if the releases of Co-60, Sr-90, Cs-137, Ir-192, and Am-241 that were determined to be potentially problematic in NUREG/CR-5814 would still be permitted, given the restrictions on form and lower concentration limits introduced in the 1991 revision to 10 CFR part 20. Another commenter noted that, although limiting the quantities of radionuclides released would not necessarily be difficult, the need to analyze batches of wastewater to determine the quantities of individual radionuclides being released would be a significant burden as compared to the current method the company uses, which is to base releases on DOT shipping papers that identify the most limiting radionuclide in a batch. However, the commenter also noted that using limits based on multiples of ALI would be ``on the right track'' and would be similar to methods used in Europe. One commenter expressed the view that the biokinetics of individual radionuclides could not be modeled well enough to provide a basis for limits on the quantity, concentration, or form in which a radionuclide could be discharged, especially because the models would not include the synergistic effects of radiation and other pollutants. The commenter also expressed the view that the exempt quantities published in 10 CFR Part 30 represented quantities ``below regulatory concern'' (BRC) and suggested it would be inappropriate to use multiples of the exempt quantity values as annual quantity limits. Response: NRC acknowledges the commenters' opposition to annual release limits for individual radionuclides, which supports withdrawal of the ANPR. (4) Exemption of Patient Excreta The fourth topic on which NRC invited comment was the exemption of patient excreta from the regulations governing releases of radioactive material into sanitary sewers. NRC received fifty-two letters that addressed the exemption for patient excreta. Comment: Forty-four commenters, including a representative of AMSA, recommended the exemption for patient excreta be continued and suggested it required no additional evaluation. Thirty-three of the commenters stated the exemption is necessary to maintain doses ALARA. Several commenters predicted that the radiological risks to health care workers, in the case of hospitalized patients, or family members, in the case of patients released from the hospital, associated with managing excreta would be far greater than any risk that the excreta would pose to POTW workers or members of the general public once released to the sewer system. Several commenters noted the possibility that excreta could be spilled or inadequately shielded, especially in the case of patients that had been released from the hospital. One commenter expressed concern about radioactive materials volatilizing from containers of urine. Another commenter noted that children or pregnant women could be subject to increased risk from excreta stored in the home if the exemption were withdrawn. Seven commenters noted that, in addition to the radiological risks, collection and storage of patient excreta also could pose biological hazards. Twenty-seven of the commenters that supported the exemption noted the short half life of most radiopharmaceuticals, and most of these commenters hypothesized that the risk that radiopharmaceuticals could pose to sanitary system workers or members of the general public would be limited by their short half lives. Representatives of two hospitals indicated that approximately 90 percent of the radioactivity used at their hospitals was [[Page 68360]] in the form of Tc-99m, which has a half life of 6 hours, and that most of the remaining radionuclides used have a half-life on the order of a few days. Twenty commenters noted the soluble or dispersible nature of patient excreta and five commenters suggested the dilution of patient excreta that occurs in the sewer system affords ample protection to the public and to the environment. Four commenters remarked that, if NRC believes the regulation is adequate, as stated in the ANPR, there should not be a need to modify the exemption for patient excreta. Two commenters predicted restrictions on the release of patient excreta into sanitary sewers would not provide a significant benefit to public health and eleven commenters suggested the current exemption creates no environmental or public health hazard. One commenter remarked that none of the six case studies presented in the ANPR indicated that patient excreta released into sanitary sewers had caused a significant dose to any individual. A representative of a large health care organization noted that no complaints had been made about the sewage from any of the organization's hospitals, although the hospitals' effluents were tested by sanitary system staff routinely. Another hospital representative expressed the opinion that hospitals should not be required to monitor patient excreta because the practice causes undue anxiety in the patients, creates additional burdens for nursing staff, and is unnecessary because survey readings generally are low. Response: NRC acknowledges the commenters' support for the exemption for patient excreta, which supports the withdrawal of the ANPR. Comment: Fourteen commenters stated that elimination of the exemption would impose significant burdens on their facilities' operations. Commenters expressed concern about the costs of building holding tanks for excreta, building separate plumbing systems, retraining workers, and employing additional workers to manage patient excreta. One commenter remarked that facilities would also incur the cost of hiring professionals to assess their current waste management practices and to recommend changes that would be needed to comply with new regulations. Three commenters remarked that medical facilities may also incur the costs of increased NRC licensing fees and inspections. Several commenters suggested any net health benefits associated with eliminating the exemption could not justify the costs of controlling the excreta, particularly for patients being treated on an out-patient basis. Seven commenters predicted the costs of compliance with restrictions on release of patient excreta into sanitary sewers would cause a significant increase in health care costs for patients. Three commenters predicted that health care costs would increase both because of the increased infrastructure and labor required to manage patient excreta and because patients' hospital stays would be extended so that their excreta could be managed by hospital staff. A physician and member of the NRC's Advisory Committee on the Medical Uses of Isotopes (ACMUI) estimated that the national increase in health care costs would be approximately 4.5 billion dollars for patients undergoing therapeutic procedures and 62 billion dollars for patients undergoing diagnostic procedures, as of 1994. The American College of Nuclear Physicians and the Society of Nuclear Medicine jointly estimated that elimination of the exemption would cause an increase in health care costs of 5.9 billion dollars annually. One commenter expressed the concern that medical facilities may stop offering nuclear medicine services to avoid the legal consequences that could result if patients did not comply with restrictions on the release of excreta to sewer systems. Five commenters predicted that it would be difficult to compel patients being treated on an out-patient basis to store their excreta for decay or return it to a licensed facility. One commenter expressed the concern that strict controls over patients could infringe upon a patient's constitutional rights. Several commenters expressed the concern that elimination of the exemption would impact patient care. Four commenters expressed the opinion that, if the exemption were eliminated, the costs or logistical difficulties associated with managing patient excreta would cause many facilities to discontinue offering nuclear medicine services and could cause the end of nuclear medicine in the United States. Three commenters expressed the concern that elimination of the exemption for patient excreta would limit patient access to diagnostic and therapeutic nuclear medicine services and five commenters expressed the view that inaccessibility of nuclear medicine services would be far more detrimental to public health than any adverse health effects that could be averted by eliminating the exemption for patient excreta. One commenter noted that many facilities already have eliminated some clinical procedures because of the lack of access to low level radioactive waste disposal facilities. Two commenters expressed the concern that eliminating the exemption for patient excreta would diminish the quality of care that patients received if facilities limited patient doses to comply with restrictions on the radioactivity of patient excreta released into sanitary sewers. One commenter expressed the concern that patients may decline beneficial medical procedures because of an objection to collecting or having someone else collect their excreta. One commenter noted that patient well-being would be compromised if patients needed to remain in the hospital so that their excreta could be managed because it would prolong the time away from their families and jobs. Another commenter suggested the current exemption for patient excreta should be maintained until the impact on health care could be assessed. Response: NRC acknowledges the commenters' concerns about the potential costs, legal implications, and impacts on patient care that may be caused by removing the exemption for patient excreta. The exemption will be maintained because the ANPR is being withdrawn for the reasons previously explained. Comment: Three commenters suggested the effects of the exemption should be studied to determine if the exemption should be eliminated or modified. A representative of DOE recommended NRC maintain the exemption for the excreta of patients undergoing diagnostic procedures, but consider placing restrictions on the excreta of patients undergoing therapeutic procedures because they typically receive higher doses of radiopharmaceuticals. Another commenter remarked that it would be inconsistent of NRC to impose strict restrictions on the release of excreta by hospitalized patients if the excreta of patients being treated on an out-patient basis contributed more radioactivity to sanitary sewer systems. A representative of an association of POTWs in Minnesota stated that the organization is prepared to rely on NRC judgement about the appropriateness of the exemption once NRC has evaluated the amounts and types of radioactive materials released into sanitary sewers through patient excreta, but expressed concern that the ANPR indicated that the effects of the exemption had not been studied and would not be included in planned modeling efforts. The commenter also expressed the opinion that the safety of the exemption should be evaluated irrespective of the origin of the waste in medical uses. A [[Page 68361]] representative of the New York State Department of Environmental Conservation suggested that a range of possibilities, including retaining the exemption, eliminating the exemption, and modifying the exemption, should be evaluated in an Environmental Impact Statement (EIS). The commenter stated an EIS would provide a ``long-needed'' record of the rationale for the decision to exempt patient excreta from the sewer release restrictions and the expected impacts of the exemption on the environment and public health. Response: NRC acknowledges the suggested modifications to the exemption of patient excreta and the suggestion that an EIS should be performed. However, those suggestions will not be implemented because the ANPR is being withdrawn for the reasons previously explained. Comment: Two commenters suggested releases of radioactive materials into sanitary sewers should be regulated uniformly, irrespective of the origin of the wastes. One of the commenters questioned why the ANPR specifically stated that doses from patient excreta were expected to be ``far below the NRC's dose limit'' when this description was equally appropriate for the discharges from other licensees. Another commenter remarked that, although it may be difficult for medical institutions to meet restrictions on the release of patient excreta, the releases should be regulated because they have been shown to contaminate sewage sludge. Another commenter provided measurements of I-131 in sewage and sludge in one municipality's POTW and expressed the concern that I-131 could be a source of radiation exposure to sanitary system workers. The commenter also expressed the concern that, although it has a short half life, Tc-99m could cause significant radiation doses to workers exposed to sewage collection systems directly downstream of hospitals. In addition, the commenter expressed the concern that, because I-131 is very soluble, most of the I-131 that entered a POTW would be discharged in the treated effluent and that the POTW's effluent may, therefore, exceed NRC limits on the allowable releases of radioactivity to unrestricted areas. The commenter also expressed concern that many municipalities are not aware that releases of patient excreta are exempt from NRC restrictions and can be a significant source of radioactivity in wastewater. Response: NRC acknowledges the commenters' suggestion that the release of radioactive material should be regulated uniformly irrespective of its origin. However, NRC believes the exemption for patient excreta is appropriate because of the potential biological and radiological hazards associated with alternate methods of managing patient excreta. Additional limitations on the release of patient excreta into sanitary sewers are not being imposed for the reasons previously discussed. NRC appreciates the commenter's concern that municipalities may be unaware of the potential for patient excreta to contribute to the radioactivity of wastewater and sewage sludge. Section 3.2 of the ISCORS recommendations on managing radioactive material in sewage sludge and ash (EPA 832-R-03-002B) alerts POTW operators that a significant amount of the radioactivity discharged to POTWs that serve medical facilities can be discharged in the form of patient excreta. Comment: Two commenters suggested the exemption for patient excreta should be eliminated to minimize the release of man-made radioactivity to the environment. One commenter expressed concern about NRC's policy on allowing patients who had received nuclear medicine treatments to leave the hospital (described in NRC Information Notice 94-009). The commenter also expressed concern about specific incidents in which, the commenter believed, patients had not been warned that high residual radioactivity would result from the medical procedures they had undergone or had been told that releasing excreta to a septic system would not cause adverse health effects. The commenter remarked that, although the radionuclides used in nuclear medicine procedures may be short-lived, each contribution of radioactivity to wastewater increased the potential dose to a member of the public. Another commenter noted that the contribution of radiopharmaceuticals to the radioactivity of wastewater increases as the number of procedures performed increases. The commenter also remarked that, if the half-lives of radioisotopes used in medical procedures typically are short, as NRC stated in the ANPR, the burden of storing the excreta until the radioactivity decays to background levels should not be large. Response: NRC acknowledges the commenters' concerns about the potential effects of the release of patient excreta into sanitary sewers. However, NRC believes the current regulations are protective and has decided to retain the exemption and withdraw the ANPR for the reasons previously explained. The staff notes that comments about the regulations governing the release of nuclear medicine patients from the hospital are beyond the scope of this rulemaking. Comment: One commenter suggested patient ``vomitus'' should be included in the exemption for the release of patient excreta into sanitary sewers explicitly. Two additional commenters mentioned sweat, saliva, blood, tears, and nasal fluids, but did not make any specific suggestions about how those fluids should be addressed in NRC regulations. Response: The suggested change to the wording of the exemption will not be made because the ANPR is being withdrawn. However, NRC staff note that, in practice, the term ``patient excreta'' typically is understood to include situations when patients vomit. Comment: A representative of a company that manufactures equipment that removes radionuclides from hospital waste noted German law requires that radioactive materials be removed from hospital effluent before it is released into sanitary sewers. Response: NRC appreciates the information provided by the commenter. However, the exemption for patient excreta will be retained because the ANPR is being withdrawn for the reasons previously explained. Comment: Three commenters asked questions about the regulatory implications of potential modifications to the exemption of patient excreta from sewer release restrictions. Two commenters asked whether patients would be required to store their excreta at home until it decayed to background levels of radioactivity or if they would be required to return it to the medical facility at which they were treated. Two commenters asked whether the homes of nuclear medicine patients would need to be monitored to ensure that proper waste disposal procedures had been followed. One commenter asked if the elimination of the exemption would result in changes to 10 CFR 35.75. The commenter also asked whether restrictions would apply to all patients treated with radiopharmaceuticals, irrespective of the dose they had received. The commenter also asked how a licensee would calculate the radioactivity released by each patient and whether records of the releases would need to be maintained by the licensee. Response: NRC acknowledges the many questions on this issue, but is not responding to them because the ANPR is being withdrawn. Comment: One commenter suggested NRC should exempt the excreta of animals used in biomedical research from the restrictions governing the [[Page 68362]] release of radioactive material into sanitary sewers. Response: NRC notes that this comment is beyond the scope of this rulemaking. (5) General Comments In addition to comments on the topics discussed in the ANPR, NRC received a number of comments on other aspects of the release of radioactive material into sanitary sewers. These comments are addressed in this section. Comment: Sixteen commenters expressed the opinion that the current regulations governing the release of radioactive materials into sanitary sewers are adequate and should not be changed. To support this view, commenters remarked that the number of incidents of contamination is small compared to the number of POTWs receiving radioactive materials and that the doses received in those instances are believed to be low. Commenters also suggested the regulations should not be changed in response to a small number of cases of contamination, especially if some of those cases involved violations of the applicable regulations. One commenter noted that modeling results described in NUREG/CR-5814 indicate that releases of radionuclides used in biomedical research are expected to result in doses below the ALARA guidelines in NRC Regulatory Guide 8.37. A representative of the Texas Department of Health suggested the regulations should not be changed unless modeling results demonstrated that exposures other than ingestion could cause an annual dose greater than 5 mSv (500 mrem). Two commenters suggested the risk of adverse health effects associated with exposure to radioactive material released into sanitary sewers should be evaluated in comparison to the health risks associated with exposure to hazardous chemical and biological materials in sewage and sludge. One commenter suggested the current limits are appropriate because the quantities and concentrations of radionuclides at affected POTWs appear to be within 10 CFR part 30 limits for general licensees. Response: NRC acknowledges the commenters' support for the current regulations, which supports withdrawal of the ANPR. Comment: Nine commenters, including a representative of DOE, suggested the changes made to 10 CFR part 20 in 1991 may have significantly reduced the potential for reconcentration of radionuclides in POTWs, and that resources should not be expended to address a problem that may have already been solved. Of these, five commenters noted that the ANPR did not include any information about contamination problems that had occurred since the modification of 10 CFR part 20 and two commenters noted that most of the contaminants in the case studies presented in the ANPR were insoluble non-biological materials and would not meet current release criteria. Several commenters recommended NRC evaluate the effects of the lower discharge concentration limits and prohibition against discharging insoluble, non-biological materials into sanitary sewers before making additional changes to 10 CFR part 20. One commenter expressed the opposite view and stated that the NRC should not assume that the changes made to 10 CFR part 20 in 1991 would eliminate contamination of POTWs with licensed radioactive materials. Response: NRC acknowledges the commenters' recommendation that it study the effect of the changes made to 10 CFR part 20 in 1991 on the amount of radioactive material at POTWs. The NRC staff notes that the ISCORS sewage sludge survey and dose modeling work were performed several years after the January 1, 1993, deadline for licensees to meet the revised requirements and should reflect the effects of the 1991 revision of the regulation. Comment: Five commenters expressed the view that additional restrictions on the release of radioactive materials into sanitary sewers would not be consistent with efforts to keep doses ALARA. Several of the commenters predicted that doses to workers that were required to collect or prepare waste for disposal would be far greater than the collective dose that could be averted by more restrictive sewer release limits. Response: NRC acknowledges the commenters' opposition to additional restrictions on the release of radioactive materials into sanitary sewers, which supports the withdrawal of the ANPR. Comment: Four commenters stated that any additional restrictions on the release of radioactive material into sanitary sewers would have a significant negative impact on the facilities they represented. One commenter expressed the view that banning the release of radioactive material into sewers would impose a large financial burden on all biological research facilities and estimated that, as of 1994, alternative disposal methods would cost his company $150,000 to $300,000 annually. A representative of a nuclear laundry stated that additional restrictions on the release of radioactive material into sanitary sewers could have a serious detrimental effect on his company and its customers in nuclear laundries could no longer operate. Another commenter suggested new restrictions should be implemented gradually by adding new restrictions during license renewals. One commenter expressed concern that additional restrictions on the release of radioactive material to sewers would encumber facilities that perform medical research, and requested that educational and medical research institutions be exempted from the regulations because the long-lived radionuclides that had been detected in the cases described in the ANPR typically are not used by medical research facilities. The commenter also requested that, if medical research facilities were not exempted, more explicit guidance about the implications of the regulations on specific practices used in medical research facilities be provided by NRC. Another commenter proposed that the regulation should explicitly permit disposal of medical diagnostic products in aqueous mixtures that contain less than 370 kBq (10 microcuries) of radioactivity and which are composed of isotopes with half-lives less than 61 days. Response: NRC acknowledges the commenters' information about the burdens that could be caused by additional restrictions on the release of patient excreta into sanitary sewers, which supports the withdrawal of the ANPR. The staff notes that requests for exemptions of certain classes of facilities or types of waste are beyond the scope of this rulemaking. NRC acknowledges that guidance written specifically for medical research facilities would be helpful to some licensees, but does not have plans or resources to develop such guidance. Comment: A representative of DOE expressed the view that the current rules are protective of public heath and safety and the environment, and noted that, if the provision for release of radioactive materials into sanitary sewers was not available, risks to the public would result from other waste management options. As an example, the commenter predicted elimination of the release of radioactive material into sewers would cause an increase in traffic accidents because of the need to transport more waste to LLW disposal facilities. However, the commenter also recommended NRC increase inspections of licensees' releases into sanitary sewers and perform additional analyses of potential doses to members of the public and sanitary system workers to ensure that adequate safety provisions are in place to preclude accidental discharge of large quantities of [[Page 68363]] radioactive material. The commenter also recommended NRC contact AMSA and industry trade groups to obtain additional information about variations and trends in wastewater treatment technologies, practices, and regulations. Response: NRC acknowledges the commenter's remarks regarding the risks that could result from additional restrictions on the release of radioactive material into sanitary sewers, which support the withdrawal of the ANPR. In accord with the commenter's suggestions, NRC participated in the ISCORS sewage sludge survey (NUREG-1775) and dose modeling report (NUREG-1783), the results of which provide a technical basis for withdrawing the ANPR. The staff acknowledges the suggestion regarding NRC inspection activities but notes the topic is beyond the scope of this rulemaking. Comment: A representative of NIH stated that, although NIH is a large facility conducting both biomedical research and medical diagnosis and treatment, and its usage of some isotopes fluctuates considerably, NIH has been able to manage its radioactive liquid wastes in compliance with NRC regulations. The commenter also stated that NIH uses large, centrally-located tanks to hold short-lived radionuclides for decay, and that NIH has been granted an exception to the total quantity limits that allows it to discharge a total of 296 GBq (8 Ci) annually. Response: NRC acknowledges the commenter's information regarding the adequacy of the current regulations governing the release of radioactive material into sanitary sewers. Comment: A commenter who was a member of ACMUI as well as a physician and professor of Radiological Sciences at the University of California, Los Angeles, expressed several concerns regarding the possible changes described in the ANPR. The commenter expressed the opinion that NRC resources would be better spent changing other parts of 10 CFR part 20 than by making the changes proposed in the ANPR. The commenter also stated that Agreement States had been reluctant to adopt the changes made to 10 CFR part 20 in 1991 because of unspecified problems with the revised rule. The commenter expressed concern that user fees were used to support a National Council on Radiation Protection study of the number of various types of nuclear medicine procedures performed annually as of 1989. The commenter also expressed concern that any change in NRC regulations governing the release of radioactive materials into sewers would later be changed by an EPA rule, and that NRC licensees would, in effect, pay for a rule twice by paying both NRC user fees and paying taxes to support EPA. The commenter asked why the NRC had published the ANPR and expressed concern that NRC wasted licensees' time by asking for data regarding various nuclear medicine procedures. The commenter stated that the data had been given to NRC in 1990 and asked why NRC did not use these data to derive concentrations of various radionuclides in sanitary sewage. The commenter also suggested NRC could request data regarding concentrations of radioactive materials in wastewater and sewage sludge from POTWs in Agreement States. In addition, the commenter suggested NRC review any proposed changes related to medical uses of isotopes with the ACMUI and expressed an unfavorable opinion about NRC's program to regulate medical uses of radionuclides. Response: NRC acknowledges the commenter's statements about the 1991 revision to 10 CFR part 20 but notes that other parts of the regulation are beyond the scope of this rulemaking. A response to the commenter's displeasure at paying licensing fees to support this rulemaking is not needed because the ANPR is being withdrawn. The same applies to the commenter's concern that EPA would impact a change in NRC's regulations. Because the ANPR is being withdrawn, that concern is no longer applicable to this issue. NRC published the ANPR to invite comments and recommendations from interested parties on potential changes in the regulations governing the release of radioactive materials into sanitary sewers. In response to the commenter's concern about the time licensees may have spent responding to the ANPR, NRC notes that the ANPR invited comment but did not require a response. In addition, NRC notes that the ANPR invited comment on a variety of issues and was not limited to a request for information to support the derivation of concentrations of radionuclides in sewage. NRC acknowledges the commenter's suggestion that potential changes to the rule be discussed with the ACMUI, and the commenter's statements about NRC's program to regulate medical uses of radionuclides. Comment: Three commenters expressed the view that cases of contamination at POTWs demonstrate that the current regulations governing the release of radioactive material into sanitary sewers is inadequate. All three commenters expressed the concern that the regulations did not adequately protect the health and safety of POTW workers. In addition, a representative of AMSA expressed the concern that the current regulations could jeopardize the ability of POTWs to fulfill their environmental objectives. The commenter also expressed concern about NRC's involvement with existing cases of contamination and urged NRC to take a more active role in protecting POTWs from contamination with radionuclides. Each of the three commenters expressed the opinion that the current regulations also fail to protect POTWs from the legal and financial consequences of contamination of POTWs and POTW biosolids with radionuclides. Two commenters noted that the public ultimately bears the costs associated with contamination of POTWs and one estimated that billions of dollars of public funds could be required to dispose of contaminated sludge and decontaminate POTWs. A representative of the City of Oak Ridge outlined the history of contamination of the Oak Ridge POTW with Co-60, Cs-137, uranium isotopes, and I-131 from 1984 to 1994. The commenter noted that, as of 1994, disposal of wastewater treatment sludge cost the City of Oak Ridge approximately $100,000 per year, primarily because of radioactive contamination. The commenter stated that, because of this expense, the city is in the process of implementing its own limits to control releases of radioactive materials into the sanitary sewers and provided a reference that describes the approach that has been taken to control radioactive materials through the municipality's industrial pretreatment program. A representative of the Northeast Ohio Regional Sewer District noted that, although no significant health or safety problems had been found to result from the contamination at the district's Southerly Facility, the district has had to manage difficult regulatory issues and concerns from the public and from workers that had cost the district, as of 1994, $1.5 million to resolve. The commenter remarked that the sanitary district had over one hundred thousand cubic meters (4 million cubic feet) of Co-60 contaminated ash at its Southerly Facility and had recently discovered contamination at another one of its POTWs. The commenter expressed the view that the District's problems were attributable to inadequate regulations or ineffective enforcement by NRC and suggested that major revisions to both 10 CFR part 20 and to NRC's enforcement program were overdue. [[Page 68364]] Response: NRC acknowledges the commenters' concerns about cases of contamination and protection of POTW workers. However, NRC believes that the restrictions on the forms of material suitable for release and lower concentration limits established in the 1991 revision to 10 CFR part 20 have reduced the potential for significant contamination of POTWs or sewage sludge with radionuclides. Although additional restrictions on the release of radioactive material into sanitary sewers will not be implemented, Section 7.2 of the ISCORS recommendations on management of radioactive materials in sewage sludge and ash (EPA 832-R-03-002B) provides guidance to assist POTW operators in reducing sources of radiation entering their treatment facilities. Comments about NRC's enforcement program are beyond the scope of this rulemaking. NRC acknowledges the information provided by the City of Oak Ridge regarding the POTW's industrial pretreatment program. Information about the program is summarized in Appendix F of the ISCORS recommendations on management of radioactive materials in sewage sludge and ash (EPA 832-R-03-002B). Comment: A representative of a sanitary district stated that, contrary to the position taken by NRC in the ANPR, many cases of contamination of POTWs are the result of relatively basic wastewater treatment technologies. In addition, the commenter expressed the view that NRC's emphasis on the concept of ``reconcentration'' as the cause of contamination problems is misleading and noted that, at one POTW in the district, it appeared that particles of Co-60 were removed from the sewage through settling, as other solids are removed, rather than through reconcentration of dissolved cobalt or agglomeration of fine particles. The commenter expressed the view that the new restrictions on the forms of materials suitable for release into sanitary sewers may prevent many problems with insoluble materials such as Co-60 if the regulations are properly enforced. Response: NRC acknowledges the commenter's concern that the term ``reconcentration'' was used in the ANPR to describe all processes by which the concentration of radionuclides in sewage sludge or ash could be increased on volumetric basis. NRC understands that radioactive materials may be concentrated by common wastewater treatment processes, as discussed in NUREG/CR-6289. Comment: Seven commenters expressed the view that discharges of radioactive materials into sanitary sewers should be regulated locally. Two commenters suggested that, because relatively few cases of contamination had been observed, it appeared that the cases could be resolved without NRC involvement. One commenter expressed the view that local control would be easiest to implement if the problematic discharges involved other hazardous, nonradioactive materials. Five commenters, including a representative of AMSA, expressed the opinion that POTWs should have the legal authority to establish local limits for the release of radioactive material into sanitary sewers. Three of the commenters expressed the concern that, although municipalities are held responsible for the disposal or beneficial use of POTW sludge, the municipalities have no control over the radioactivity of materials discharged to the sewer system that affect sludge quality. One commenter expressed the concern that the existing regulatory framework is inadequate because NRC maintains that the party in possession of the radioactive material is responsible for remediation, offers no assistance to POTWs that have been contaminated by a licensee's effluent, and states that the AEA indicates that its regulations preempt more restrictive local regulations. The commenter expressed concern that NRC has indicated that this position would not change even if NRC had proof that material was illegally discharged by a licensee and that a POTW's only recourse to recover remediation costs is to take legal action against the discharger. One of the commenters suggested NRC should either assume responsibility for disposing of radioactive sludge generated in POTWs as a result of ``errant discharge'' from NRC licensees or allow POTWs to regulate the discharge of radioactive materials into sewer systems. The other commenter suggested that, in cases in which the reuse or disposal of sludge is restricted because of its radiological contamination, NRC should cooperate with EPA to help affected POTWs establish local discharge limits to protect the traditional method of disposal or reuse of the biosolids. Another commenter stated that it was not necessary, feasible, or appropriate for NRC to develop new regulations that would limit the disposal of radioactive material into sanitary sewers because POTWs already had the legal authority and mandate to establish and enforce appropriate pretreatment standards that would prevent contamination of POTWs or sewage sludge, pursuant to the Clean Water Act (33 U.S.C. 1317(b) and (d) and 1319) and EPA Clean Water Act Standards (40 CFR Part 403). Response: NRC acknowledges the commenters' concern about the power that local authorities have to regulate the release of radioactive material to their POTWs. The U.S. Supreme Court has held that, for certain activities covered by the AEA, Federal authority preempts other regulatory authorities whose purpose is radiation protection. It is difficult to predict whether unusual cost to the POTW caused by radioactive effluent discharges would be a sufficient reason to impose more restrictive discharge limits than those permitted under Federal law because there are no Federal cases in which the specific facts corresponded to the scenarios faced by local POTW authorities. More information on this issue is presented in Chapter 4 and Section 7.2 of the ISCORS recommendations on management of radioactive materials in sewage sludge and ash (EPA 832-R-03-002B). Comments regarding NRC's responsibility for the disposal of contaminated sludge are beyond the scope of this rulemaking. As discussed in Chapter 7 of the ISCORS recommendations (EPA 832-R-03- 002B), in individual cases of contamination, legal counsel should be consulted to determine if dischargers may be liable for portions of remediation costs. Comment: One commenter recommended NRC exempt POTWs from any regulations that would apply to material released into their systems because the potential benefits of regulating POTWs would not justify the costs. Response: This suggestion is beyond the scope of this rulemaking. Comment: Five commenters, including a representative of AMSA, expressed the view that POTWs should be able to apply the same type of pretreatment standards to radionuclides in licensees' effluent that are applied to toxic materials discharged into sewer systems by industrial dischargers as part of EPA's NPDES program. Commenters noted that local limits can account for the number of licensees discharging to a single POTW, the total flow into a POTW, and the effects of various treatment process on radionuclide reconcentration. Three commenters noted that, in general, local restrictions on discharges of pollutants to POTWs are established by determining an allowable load of a pollutant to a POTW that will not create a violation of the POTW's effluent limit and not interfere with disposal or reuse of the POTW's [[Page 68365]] biosolids, and then allocating that limit among industrial facilities that discharge effluent to the POTW. Two commenters expressed the view that the same process should be used to develop individual limits for each radionuclide, taking into account each radionuclide's specific activity, half-life, and solubility. One commenter noted that this procedure cannot be followed with radioactive materials because no ``acceptable'' levels of radionuclides in sludge have been established. Another commenter recommended NRC coordinate any future regulations affecting sanitary sewer discharges with EPA requirements for Clean Water Act discharges, including Categorical Standards, NPDES permits, and regulations pertaining to sewage sludges. Two commenters suggested that, because setting limits for radioactive materials will be new to many POTWs, NRC should provide guidance on establishing local limits on the release of radioactive materials into sanitary sewers. A representative of AMSA suggested a number of topics that the recommended guidance should address and recommended NRC consider two EPA resources used to develop limits on industrial discharges to POTWs. Response: This comment includes detailed recommendations about the creation of a program in which the release of radionuclides into sanitary sewers would be regulated by local, rather than Federal, authorities, and is beyond the scope of this rulemaking. Although guidelines for the development of local limits under such a program have not been developed, many of the topics the commenters requested be included in such guidance are included in the ISCORS recommendations on management of radioactive materials in sewage sludge and ash (EPA 832- R-03-002B), as is information about local pretreatment programs established in Albuquerque, NM, St. Louis, MO, and Oak Ridge, TN. Comment: One commenter was concerned that system-specific discharge limits could be difficult to implement if, as is done in the NPDES process, discharge limits are based on the ``waste assimilative capacity'' of the receiving waterway, which, the commenter stated, could be difficult to determine. The commenter also expressed concern that licensees would need to obtain prior approval for sewer discharges, and that regulatory agencies would need to keep track of separate discharge allotments for each licensee and any changes to each POTW's treatment processes. The commenter noted that an alternative to establishing system-specific discharge limits would be to set activity limits so low that regulatory limits or ALARA goals for public doses would be met, irrespective of the wastewater treatment process used, the capacity of the receiving POTW, or the number of dischargers discharging to the POTW. The commenter noted that this approach would not require as much regulatory oversight and suggested these approaches should be evaluated in an EIS. Response: NRC acknowledges the commenter's concerns about the difficulties involved with implementing system-specific discharge limits. An EIS that evaluates the alternatives will not be developed because the ANPR is being withdrawn for the reasons previously discussed. Comment: One commenter asked for clarification as to how the revised rule would relate to NRC decommissioning standards and various EPA rules and suggested NRC hold public hearings on the issue. Response: NRC is not responding to the request for clarification on the relationship between the proposed rule and EPA or NRC standards because the ANPR is being withdrawn. Comment: Ten commenters expressed the view that any change to the regulations governing the release of radioactive materials into sanitary sewers should have a solid technical basis. Three commenters recommended NRC delay decisions about the need for modifications to the regulation until NUREG/CR-6289, which was incomplete at the time, was made available to licensees. Two commenters expressed concern that the ANPR was offered without a significant risk assessment. Six commenters recommended that any proposed change in the regulation should be based on a realistic assessment of either the collective dose or the risks to members of the public and POTW workers that the new regulations would avert. Two commenters expressed the concern that changes to the regulations would be made for reasons other than technical reasons, including regulatory convenience, a perception of public opinion, or political pressure. A representative of the New York State Department of Labor remarked that some of the regulatory changes proposed in the ANPR would be complex for both licensees and regulatory agencies to implement and, therefore, should not be undertaken without a without a firm technical basis. The commenter expressed the view that, except for the exemption of patient excreta, all of the options discussed in the ANPR required more analysis before NRC would have sufficient information on which to base a decision. The commenter expressed the opinion that frequent changes in the same regulation are especially burdensome for licensees and urged NRC to perform the necessary analyses before changing the rule again. Representatives of the New York State Energy Office and New York State Department of Environmental Conservation encouraged NRC to develop an EIS to evaluate the options discussed in the ANPR. The representative of the New York State Department of Environmental Conservation remarked that the current regulations, including the revisions made in 1991, had never undergone a full environmental review. Two commenters expressed the concern that the current limits on the discharge of radioactive material to sewers do not reflect the hazards radioactive materials could pose in a POTW or after release to the environment. The commenters recommended NRC initiate a study that would include a POTW hazard identification and assessment, exposure and toxicity assessments, and a risk characterization. The two commenters also recommended NRC study the fate and transport of radionuclides in sewers, POTWs, and the environment. A representative of the City of Oak Ridge provided a reference that discussed the fate and transport of radionuclides in the municipality's POTW. A representative of AMSA recommended NRC cooperate with EPA, POTWs, and affected industries to assess the exposure and contamination pathways of radionuclides, and the impact of radioactive materials on wastewater treatment processes. Response: NRC acknowledges the commenters' view that the 1991 revision to the regulations governing the release of radioactive materials into sanitary sewers should have been based upon detailed risk analyses. As discussed previously, NRC cooperated with representatives of EPA and POTWs in developing the ISCORS survey and dose modeling project to assess the radioactive contamination in POTWs and pathways for exposure of POTW workers and members of the general public to radionuclides released into sanitary sewers. The results of these analyses served as the technical basis for the withdrawal of the ANPR. An EIS for the rulemaking will not be performed because the ANPR is being withdrawn for the reasons previously discussed. Comment: Three commenters, including a representative of AMSA, [[Page 68366]] recommended NRC study the extent of the use of sewer discharges and contamination of POTWs around the country. The representative of AMSA suggested that, because NRC had acknowledged that it did not know how many POTWs in the country were contaminated with radionuclides and because it would be inappropriate to develop national standards based on contamination in a few isolated cases, NRC should establish a task force composed of NRC and EPA staff as well as representatives of POTWs and licensees to study the nature and extent of radioactive contamination of POTWs nationally. Three commenters recommended NRC determine which licensees release radioactive material into sanitary sewers and two of these commenters recommended NRC make the information available in a national database. Of these commenters, one suggested the database should be similar to the EPA's Toxic Release Inventory and the other suggested the database should include information about the mass of each radionuclide discharged per year by each licensee, the volume of the licensee's discharge, and the licensee's POTW service area. A representative of one utility district expressed concern that, as of 1994, the NRC had not been able to provide a list of the licensees discharging into the district's sewer system and that the district had, therefore, been unable to initiate an appropriate monitoring program. Response: NRC acknowledges the commenters' request for a national database, but notes that a database that contains information about releases of radioactive material into sanitary sewers by licensees is not being developed. As discussed in Section 5.1 of the ISCORS recommendations on management of radioactive materials in sewage sludge and ash (EPA 832-R-03-002B), POTW operators are encouraged to contact the applicable NRC Regional Office, appropriate State Radiation Safety Office, and any nearby DOE facilities if they have questions about the sewer releases of facilities in the POTW's service area that use radioactive materials. Comment: One commenter requested that, because NRC had just begun to study the fate of radionuclides in POTWs and because NRC did not know which of its licensees discharged materials into sanitary sewers, a moratorium be imposed on the disposal of radioactive material into sanitary sewers until NRC had the information necessary to help POTWs develop protective limits. Response: NRC notes that this comment is beyond the scope of this rulemaking. Comment: One commenter expressed concern that the assumptions used in 10 CFR part 20 ignored exposures to children, fetuses, elderly, people with existing body burdens of radioactive material, and individuals in other sensitive groups. The commenter expressed concern that the risk of birth defects from ionizing radiation had been limited to only two generations in NRC analyses and stated that the greatest number of birth defects will be seen in generations beyond the next two. The commenter also expressed the view that NRC should consider non-cancer and nonfatal cancer health effects in risk calculations and expressed concern that these effects were not considered in the promulgation of 10 CFR part 20. Response: The commenter's remarks about NRC's development of standards for the protection against radiation are beyond the scope of this rulemaking. Comment: Three commenters recommended NRC perform a cost/benefit analysis of alternatives to the release of radioactive materials into sanitary sewers before proceeding with a rulemaking and two of those commenters expressed the view that the proposed changes could not be justified by either a risk analysis or cost/benefit analysis. One commenter urged NRC to apply the backfit provisions that apply to power reactors to a broader scope of rulemaking decisions, and expressed the view that the alternatives suggested in the ANPR could not be justified in a backfit analysis. Response: NRC is not performing a cost/benefit analysis or risk analysis because the ANPR is being withdrawn for the reasons previously discussed. The staff note that the commenter's opinions about NRC's backfit provisions are beyond the scope of this rulemaking. Comment: One commenter expressed the concern that limits based on overly-simplified dose models could be overly-restrictive and could cause unintended harm to the public by limiting beneficial uses of radioactive materials. The commenter suggested NRC consider the ``total societal impact'' of its release limits, and expressed the view that NRC and other regulatory agencies typically perform inadequate assessments of the financial impacts of their rules. The commenter added that NRC should not avoid this responsibility by claiming that the AEA does not give it the responsibility to evaluate the total societal impact of its rules, because evaluation of cost, benefit, and total societal impact is inherently included in the concept of maintaining doses ALARA. Response: NRC acknowledges the commenter's concern about the adequacy of financial impact analyses performed by NRC and other regulatory agencies. NRC staff agree that, as defined in 10 CFR 20.1003, the term ``ALARA'' indicates consideration of societal and socioeconomic impacts. Comment: Five commenters expressed the opinion that, in general, any changes to the regulations should allow less radioactive material to be released into sanitary sewers. Reasons for this position included new information about the adverse effects of chronic exposure to low levels of ionizing radiation, information about the synergistic effects of radiation and chemical pollutants, and concern about the cumulative effects of multiple sources of radiation on public health and the environment. Two commenters suggested that all radioactive waste should be isolated in secure storage or disposal facilities. Another commenter stated that NRC should not allow environmental build-up of multiple sources of radiation even if each, individually, could be dismissed as being minimal. One commenter stated that his organization had commented on the revision of 10 CFR part 20 repeatedly and that it remains concerned that the allowable concentrations of many radionuclides in air and water increase. Response: The ANPR is being withdrawn for the reasons previously explained. Comments about the basis for NRC's standards for the protection against radiation are beyond the scope of this rulemaking. Comment: Four commenters expressed the opinion that the potential burden that additional restrictions on the release of radioactive material into sanitary sewers would impose on licensees is secondary to the primary goal of protecting public health and safety and should be given little weight in the evaluation of whether additional restrictions should be established. Two commenters expressed concern that, in the ANPR, NRC made several inquiries about the impacts of new restrictions on licensees without expressing a similar interest in the potential impacts of the release of radioactive material into sanitary sewers on other parties. One of the commenters expressed the view that the concern for licensees may be misplaced because it is municipalities, and not licensees, that ultimately bear the costs of disposal of contaminated sludge and POTW decontamination. The commenter also remarked that it appeared to be more appropriate for [[Page 68367]] licensees, rather than the public, to bear the expense of the disposal of radioactive materials used by licensees. The other commenter suggested NRC should have solicited comments regarding the potential impact of the regulations on public health, healthcare costs, contamination of agricultural land, restriction of land uses, and environmental degradation. Two commenters stated that it would be inappropriate for NRC to allow any risk to members of the public to lessen economic or regulatory burden on licensees. Another commenter noted that, in cases in which contamination of a POTW has been discovered, licensees must recognize that safety of the community is more important than the desire for a licensee to use its current disposal options. Response: NRC acknowledges the commenters' concerns regarding the specific requests for comment in the ANPR. With regard to the consideration given to the potential effects of changes in the regulation on public health and the environment as compared to potential burdens on licensees, the NRC staff notes that a significant effort was made to study the potential effects of the release of radioactive material into sanitary sewers on the public and POTW workers in conjunction with the ISCORS reports that were described previously. Comments about the basis for NRC's standards for the protection against radiation are beyond the scope of this rulemaking. Comment: Six commenters suggested that detection of radionuclides at a few POTWs is an insufficient reason to impose additional restrictions on the release of radioactive material to sanitary sewers. These commenters stated that radioactivity can be measured at very low levels that are not expected to cause a significant adverse health effect for any individual. One commenter stated that lowering release limits to values that are significantly lower than limits needed to protect the public makes it more difficult for licensees to assure compliance of medical research and clinical staff with radiation safety procedures and undermines the public's confidence in realistic exposure or activity standards. Another commenter recommended NRC acknowledge that the risks caused by radioactivity in sewage sludge are small compared to the risks associated with the extra handling and transportation of waste that would occur if releases of radioactive material to sanitary sewers were eliminated. One commenter also suggested that, because radioactivity can exist in sewer systems and POTWs without causing a significant dose to any individual, and because there are beneficial uses of radioactive materials, that it might be better to attempt to build public acceptance of the current practices than it would be to lower release limits or eliminate sewer discharge. Another commenter suggested incidents of contamination should be handled in a consistent, routine way without undue alarm. A representative of DOE predicted that any discovery of radioactive contamination of sewage pipes or sewage treatment plants is likely to result in regulatory concern, even if the possible doses are tiny, because it may take time to determine whether the contamination poses a threat to public health and safety. Response: NRC acknowledges the commenters' opinions, which support the withdrawal of the ANPR. The staff acknowledges the commenters' recommendations about proper treatment of cases of contamination, but notes they are beyond the scope of this rulemaking. Comment: Three commenters addressed the potential for accidental releases of radioactive material into sanitary sewers. One commenter hypothesized that the case studies presented in the ANPR may have been the result of abnormal events and expressed the opinion that no amount of regulation, planning or notification can prevent inadvertent releases that result from system failures or other errors. Another commenter suggested NRC should realize that, irrespective of its regulations, an individual is likely to find a way to defeat ``reasonable safeguards.'' Another commenter expressed concern that the modeling results described in the ANPR did not account for the potential for accidental releases in excess of the 10 CFR part 20 limits and suggested the reported calculated doses may be underestimates. Response: NRC acknowledges the commenters' statements about the possibility of accidental releases. NRC staff note that its inspections are designed to ensure licensees' operations are conducted safely and in accordance with good practices and license conditions. With respect to the commenter's concern that the dose modeling results discussed in the ANPR do not include the effects of accidental releases, NRC staff note that the doses estimated in NUREG/CR-1548 did not include the potential effects of accidental releases; however, the doses reported in the ISCORS dose modeling report (NUREG-1783) were based on observed levels of radioactivity measured in conjunction with the ISCORS sewage sludge survey (NUREG-1775) and, therefore, reflect any accidental releases that may have been made to the 313 POTWs surveyed. Comment: Seven commenters addressed LLW disposal. Four commenters noted that additional restrictions on the release of radioactive materials to sewers would increase the amount of low level radioactive waste that would need to be disposed of in some other way. Two commenters recommended NRC evaluate the options proposed in the ANPR in the context of the risks associated with the disposal of low level nuclear waste and the limited capacity of LLW disposal facilities. Two commenters noted that many licensees had, as of 1994, very limited or no access to LLW disposal facilities and one of the commenters noted that licensees without access to a LLW disposal facility would need to store waste on site indefinitely. Three commenters noted that additional restrictions on the release of radioactive materials into sanitary sewers would be especially burdensome because the facilities they represented lacked access to LLW disposal sites. One commenter stated that sewer disposal is the primary way that many medical research and biotechnology laboratories minimize generation of LLW. One commenter expressed the concern that the use of sanitary sewer disposal of radioactive material would increase because of the high cost and limited availability of LLW disposal. The commenter noted that the release of radioactive material into sanitary sewers itself can lead to the creation of large volumes of LLW by contaminating sludge. Another commenter opposed the implication that sanitary sewer disposals would be used as a means of relief from the relative inaccessibility of LLW disposal and noted that most types of LLW do not meet the requirements for release into sanitary sewers. Response: NRC acknowledges the commenters' concerns regarding the impact that the proposed changes would have because of some licensees' lack of access to LLW disposal facilities. These comments support the withdrawal of the ANPR. NRC also acknowledges the commenter's concern that limitations on LLW disposal could lead to an increase in the release of radioactive material to sanitary sewers. The NRC staff notes that the results of the ISCORS sewage sludge survey (NUREG/CR-1775) do not indicate that the frequency of POTW contamination incidents has increased since the commenters' remarks were made in 1994. Comment: Five commenters expressed the opinion that licensees [[Page 68368]] should bear all costs associated with waste disposal. One commenter suggested NRC's descriptions of case studies should include a description of the financial costs associated with the contamination and should indicate the party paying the remediation costs. Two commenters stated that NRC licensees should bear the costs of data collection, data reporting, and worker training needed to implement any new NRC studies or regulations needed to protect POTWs from contamination. Two commenters expressed the view that licensees should pay to have monitoring equipment installed at POTWs. Response: NRC acknowledges the commenter's suggestion that NRC's descriptions of case studies should include information about the economic aspects of the contamination and notes that some information about remediation costs is provided in Section 1.2 of the ISCORS recommendations on management of radioactive materials in sewage sludge and ash (EPA 832-R-03-002B). Comments regarding the costs associated with implementation of new sewer release restrictions are moot because the ANPR is being withdrawn. Comment: Six commenters expressed opinions about NRC enforcement actions. A representative of DOE stated that it was unclear whether one or more of the incidents described in the ANPR involved violations of the regulations, and suggested enhanced inspections, and not additional rulemaking, would be the most appropriate way to eliminate contamination of POTWs. Three commenters suggested NRC or POTWs should verify licensee's reported discharges into sanitary sewers and one commenter suggested compliance with NRC regulations should be demonstrated at the licensee's outfall into the sanitary sewer system so that POTWs would not be impacted and would not need to implement special controls. Two representatives of POTWs noted that POTWs routinely sample the effluent of major industrial users as part of their industrial pretreatment programs. Another commenter suggested NRC should assist POTWs with monitoring of licensee's effluents and enforcement of the discharge limits. Response: NRC notes that suggestions about inspection and enforcement activities are beyond the scope of this rulemaking. Comment: Six commenters made specific suggestions about monitoring. Two commenters suggested licensees' outfalls and potable water intakes should be monitored, and three commenters suggested monitoring also should occur at POTWs. One of the commenters that advocated monitoring at POTWs expressed the view that monitoring would limit uncertainty in model results and would facilitate the study of the effects of influent radionuclide form and quantity on POTW worker doses. The commenter also suggested licensees should be encouraged to provide dosimetry and elementary radiation safety training to POTW workers. One commenter expressed the opinion that radionuclides in licensees' effluents should be monitored to record the highest concentrations discharged and facilitate a regulator's ability to link discharges with their sources. Three commenters suggested the radioactivity of sewage sludge should be monitored. One commenter expressed concern about the radioactivity of an engineered wetland used to treat wastewater in his town. Response: Recommendations regarding locations for monitoring a licensee's effluent are beyond the scope of the proposed rulemaking. Comment: A representative of the New York State Department of Environmental Conservation recommended that the Notice of Proposed Rulemaking for any change to the regulation governing the release of radioactive material into sanitary sewers notice, for public comment, the compatibility category NRC intends to apply to each provision so that Agreement States and other interested parties can participate in decisions about compatibility requirements. The commenter stated that, as of 1994, Agreement States were required to develop regulations that were compatible with the revised 10 CFR part 20 without NRC having determined compatibility requirements and stated that this type of situation must not recur. Response: NRC acknowledges the commenter's recommendation that intended compatibility categories be included in Notices of Proposed Rulemaking. Compatibility categories for the options discussed in the ANPR are moot because the ANPR is being withdrawn. Comment: One commenter expressed a number of concerns about the case studies described in the ANPR. Concerns raised by the commenter included specific exposure pathways that may not have been included in the dose analyses, the appropriateness of NRC's comparison of doses with background radiation, and the concern that calculated doses to individuals could have been higher if the sludge to which they were exposed included radiation from multiple sources. The commenter expressed the view that radioactivity in the environment may increase because of human activity, and that it would be inappropriate to consider manmade contributions of radioactivity to the environment in the calculation of ``background'' radiation, or to allow releases because they would be minimal in comparison to background radiation. The commenter also remarked that the cases of contamination that had occurred in Washington, DC, and Cleveland, OH, indicated the potential for contamination to be significant to large populations. In addition, the commenter asked specific questions about the assumptions used to calculate the doses resulting from the case studies discussed in the ANPR and what sources of radiation NRC included in its calculation of ``background radiation.'' Response: The commenter's concerns about the doses calculated in the case studies are no longer applicable because more recent studies served as the technical basis for the withdrawal of the ANPR. NRC acknowledges the commenter's concern regarding contamination at POTWs. The commenter's specific questions about the modeling assumptions used to calculate doses for the case studies discussed in the ANPR are addressed in NUREG/CR-1548. NRC notes that its definition of ``background radiation,'' provided in 10 CFR 20.1003, excludes contributions of radioactivity from source, byproduct, or special nuclear materials regulated by NRC. For the reasons cited in this document, NRC withdraws this ANPR. Dated at Rockville, Maryland, this 11th day of October, 2005. For the Nuclear Regulatory Commission. Luis A. Reyes, Executive Director for Operations. [FR Doc. 05-22432 Filed 11-9-05; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 41 Newsday.com: Diver in Indian Point spent fuel pool finds no leaks so far November 10, 2005, 5:33 PM EST BUCHANAN, N.Y. (AP) _ A diver studded with radiation sensors has found no leaks so far in the liner of the spent fuel pool at the Indian Point 2 nuclear power plant, the plant's owner said Thursday. Entergy Nuclear Northeast is trying to find the source of a small amount of radioactive water discovered just outside the spent fuel pool. A remote-controlled video camera lowered into the pool last week detected three areas, 16 to 22 feet down, that looked like rust spots and might have been leaking. The diver _ tethered to keep him away from the highly radioactive spent fuel _ slipped into the pool on Tuesday and fixed a vacuum box over two of the three spots. The vacuum action would have pulled material in through the flaws if there were a leak, but that did not happen, Entergy's Jim Steets said. The third and deepest spot is to be examined by a diver next week, Steets said. The 40-foot-deep pool holds the highly radioactive fuel assemblies that have been used in the nuclear reactor in Buchanan, about 35 miles north of midtown Manhattan. Concern about the leak grew last month after low levels of tritium, a radioactive isotope, were found in water at the bottom of six sampling wells on the Indian Point property. In a separate development involving Indian Point, a state appeals court in Albany rebuffed Entergy when it affirmed a regulation that says power plants must use "the best technology available" in cooling-water intake structures. Critics have argued that millions of fish are killed by Indian Point's intakes in the Hudson River and that it should be forced to build new cooling towers, which could cost $1 billion, if it is relicensed. Entergy has been fighting the cooling tower requirement on several fronts, and the ruling was "not really material to the process going forward, the administrative argument," Steets said. However, Victor Tafur, an attorney for the Riverkeeper environmental group, which was one of the parties on the winning side, said the ruling was "quite relevant and important." "The state regulations have been upheld," Tafur said, "and they are quite clear." Copyright 2005 Newsday Inc. ***************************************************************** 42 Berkley: Yucca Budget Cut Shows Growing Lack of Support in Congress for Failed Dump Project Congresswoman Shelley Berkley - Legislation: Press Releases 2005 New Provisions Will Protect Funds for State, Local Scientific Oversight of DOE (Washington, DC -- November 9, 2005) Congresswoman Shelley Berkley today said that the latest cut to the Yucca Mountain budget is another sign of the growing lack of support in Congress for moving ahead on the controversial nuclear garbage dump. The House version of the FY 2006 Energy and Water Development Appropriations bill, which was passed this afternoon, includes $450 million for Yucca Mountain -- $200 million less than the Presidents budget request for this year, and $120 million less than last years funding level. "I am appalled that Congress would even waste one more cent on this colossal failure known as Yucca Mountain, but I am pleased that we at least succeeded in cutting the budget again this year, said Berkley. This vote shows that the rest of Congress is finally waking up to what we have been saying in Nevada all along - that Yucca Mountain is too dangerous and too expensive to ever go forward. We should be spending these dollars on securing nuclear waste at the plants where it was produced and on research into waste alternatives that will not endanger the lives of millions of Americans. The battle to stop nuclear waste from being sent to Nevada is not over, but this budget cut is another victory in our fight against becoming the nations radioactive garbage dump, said Berkley, who has sponsored legislation that would end all funding for the Yucca Mountain Project. Berkley noted that the House package, which she opposed, also contains more than $10 million in funding for oversight by the State of Nevada, Clark County and other so-called Affected Units of Local Government. Legislative language included in the bill will protect the ability of communities affected by Yucca Mountain to conduct independent scientific oversight on DOE work to win approval for the dump. In the past, DOE has targeted local funding in a harassment campaign aimed at those communities opposed to the dump and their local leaders. "DOE has attempted to bully and harass local officials involved in independent oversight on scientific work at Yucca Mountain. These oversight activities are 100% legal, but year after year, DOE has tried to intimidate those Nevadans involved in this effort. This bill now makes it clear that DOE needs to abide by the law, and not interfere with oversight money allocated to counties and other local units of government, said Berkley. # # # Photos courtesy of the Las Vegas Convention and Visitor Authority For Our Privacy Policy, click here Please direct all questions about this site to the Site Manager Page Last Updated: 11/09/2005 439 Cannon HOB Washington, DC 20515 Phone - (202) 225-5965 Fax - (202) 225-3119 2340 Paseo Del Prado, Suite D-106 Las Vegas, NV 89102 Phone - (702) 220-9823 Fax - (702) 220-9841 ***************************************************************** 43 Reid: Senator Reid Will Not Oppose utah Wilderness Provision Tuesday, November 8, 2005 Reid’s concerns about provision remain, but says timing now critical for UT fight against nuclear waste facility WASHINGTON, D.C. – U.S. Senator Harry Reid, the Senate’s Democratic Leader, announced today that he will drop his opposition to a provision that would create a new wilderness area near the Skull Valley Goshute Indian Reservation in Utah. The wilderness designation could potentially prevent the opening of a nuclear waste storage facility on the reservation, something Utah’s elected leaders have fiercely opposed. Reid has traditionally opposed the provision out of concerns it would set a bad precedent for future wilderness designation. But, after a recent conversation with Utah’s Senator Robert Bennett, Reid agreed to set aside his concerns in order to help the efforts of Sen. Bennett and other state officials to prevent the nuclear site from opening. “Land use designation is one of the biggest challenges we face in Nevada, where the federal government controls more than 80% of the state’s land,” Senator Reid said. “I have spent my public career working on public lands issues and have come to appreciate that Congress must be very careful in how we approach wilderness designation. “While I continue to have concerns about the Cedar Mountain wilderness proposal, of even greater concern is the threat posed by deadly nuclear waste. After speaking with Utah leaders, including Sen. Bennett and Governor Huntsman, I have agreed to drop my opposition to this proposal. With the proposed Goshute nuclear waste site moving forward, timing has become critical and the state of Utah will need every available resource to fight this project.” The Nuclear Regulatory Commission recently approved the Goshute site as suitable for temporary storage of nuclear waste, a key hurdle for the Private Fuel Storage consortium’s plans to open a facility in the near future. Utah’s elected leaders have vowed to continue fighting the project. In Nevada, plans for a permanent nuclear waste site at Yucca Mountain continue to be delayed indefinitely, putting that project in jeopardy. Reid and Nevada’s other congressional members have fought the project for decades, resulting in successful challenges and continued delays. Sen. Reid has proposed a more realistic approach to solving the nation’s nuclear waste storage problems by leaving the waste at the sites where it is generated. Reid has been working on gaining support for his proposal. Sen. Bennett recently announced that he would support the idea and with bipartisan support growing, Reid hopes to introduce legislation soon. ### ***************************************************************** 44 AU ABC: Uranium groups urge Qld Govt to change policy - Thursday, 10/11/2005 Pro-uranium groups are stepping up their campaign to change Queensland Government policy that prohibits any new uranium mines. There were signs of growing community support at a meeting of aboriginal, political and business leaders in Mt Isa last night. The managing director of Summit Resources, Allan Eggers, told the meeting that uranium could be worth up to $1 billion to the region. He says his company has a controlling interest in 35 million kilograms of undeveloped uranium deposits in north-west Queensland. "We have a number of deposits here and at the moment we have sufficient resources to kick off with a 10-year mine life, that would rapidly expand to a 25-year mine life, and if the drilling was positive as we think it is at the moment, we'll have 50 years plus of uranium mining nearby," he said. National Rural News ***************************************************************** 45 AU ABC: Pressure mounts for uranium mining licence. 11/11/2005. ABC News Online Last Update: Friday, November 11, 2005. 12:21pm (AEDT) Advocates in favour of uranium mining are taking advantage of strong community support in north-west Queensland to step up pressure on the State Government to grant a mining licence. Stakeholders met this week in Mount Isa to hear the managing director of Summit Resources, Allan Eggers, outline his submission to a parliamentary inquiry into Australia's uranium resources. The Member for Mount Isa and Speaker in Queensland Parliament, Tony McGrady, says he welcomes debate, but for the right reasons. "The jury is still out and there are many questions that still have to be answered such as what do we do with the waste ... and when can we work out the answers to those questions? Then maybe the government of the day may consider a change of policy," he said. © 2005 ABC| Privacy Policy ***************************************************************** 46 PRN: Southern Nuclear Makes Initial Spent Fuel Notification to U.S. Nuclear Regulatory Commission ATLANTA, Nov. 10 /PRNewswire-FirstCall/ -- In accordance with a February 2005 U.S. Nuclear Regulatory Commission Bulletin that requires all nuclear power plants to verify their spent fuel inventories, Southern Nuclear Operating Company today notified the agency that the company could not -- based upon a preliminary review of data -- reconcile inventory totaling approximately 68 inches at the Edwin I. Hatch Nuclear Plant near Baxley, Ga. The fuel inventory in the two reactor cores and the two spent fuel pools at Plant Hatch totals more than 57 million inches. The inventory verification is still in progress and is scheduled to be completed Dec. 15. The company believes the material is in another location in the spent fuel pools or was shipped to a licensed disposal facility. There is no threat to public health or safety. The possibility of theft or diversion is not plausible because of radiation monitoring instrumentation, the plant's physical security measures and the size and type container required for transporting nuclear material of this nature. No discrepancies were found at the Alvin W. Vogtle Electric Generating Plant near Waynesboro, Ga., or the Joseph M. Farley Nuclear Plant near Dothan, Ala. Southern Nuclear informed the agency that it found a discrepancy between records of fuel locations and the visual verifications of the fuel within the spent fuel pools at the plant. A final report is scheduled to be sent to the NRC in Jan. 2006. Special equipment is being used to search areas of the spent fuel pool floor and selected fuel assemblies that have not been examined to date. The material is best characterized as partial-length segments of individual fuel rods. To improve the mechanical performance of fuel assemblies in the 1980's, individual fuel rods were moved out of some fuel assemblies that were being reused for additional operating cycles - that is, placed back into the reactor core as fuel. This activity was performed during refueling operations. The fuel rod segments were generated when some of the individual rods selected for removal were not able to be removed as intact, full length rods. In the early to mid-1980s, fuel rod cladding corrosion occurred in some of the fuel rods used in some boiling water reactors across the industry. Moving the fuel rods out of some assemblies ensured that only corrosion-resistant, sound fuel rods were being used in the reactor. Research by Southern Company, the fuel vendor and the industry determined that copper in the reactor's condenser tubes was causing early corrosion of the fuel cladding -- the material surrounding the fuel pellets. The condenser tubes were replaced and the cladding material on the fuel was improved. Both steps corrected the problem. This issue has not re-occurred for Plant Hatch. Fuel assemblies are used typically for two or three operating cycles of the reactor before they are replaced. They are then placed in the spent fuel pool for long term storage. Plant Hatch maintains fuel accountability in accordance with accepted industry standards. These standards require accounting for fuel at a fuel assembly and discrete fuel rod level. Tracking of rod segments, pieces or pellets was not part of the physical inventory process. Inventories were conducted annually as required by regulations. In a February 11, 2005, Bulletin (Bulletin 2005-01), the NRC required all of the nation's nuclear facilities to provide a description of their special nuclear material physical inventory and accounting processes that ensure the records accurately reflect receipt, inventory, acquisition, transfer and disposal of all SNM. Nuclear fuel is placed in a reactor in what's referred to as fuel assemblies. There are 560 fuel assemblies in each of the two reactors at Plant Hatch and each reactor core contains over 49,000 fuel rods of varying lengths. The fuel rod is a tube, a little larger than the diameter of a pencil, in which fuel pellets are stacked; most fuel rods contain about 150 inches of fuel. State and local officials have also been informed and the company will continue working with the NRC in this verification. SNC, based in Birmingham, Ala., and a subsidiary of Southern Company, operates Hatch, Vogtle and Farley for their respective owners. Plants Hatch and Vogtle are jointly owned by Georgia Power Company, Oglethorpe Power Corporation, the Municipal Electric Authority of Georgia and the City of Dalton. Plant Farley is owned by Alabama Power Company. SOURCE Southern Company Copyright © 1996- PR Newswire Association LLC. All Rights ***************************************************************** 47 KLASTV.com: Shoshone Tribe Will Try Again to Stop Yucca Waste Dump An Indian tribe will try again to get a federal judge to stop plans for a national nuclear waste dump in Nevada based on the Ruby Valley Treaty of 1863 after its initial lawsuit was dismissed, a lawyer for the tribe said Wednesday. The Western Shoshone National Council will appeal a ruling that the U.S. government had sovereign immunity from the tribe's lawsuit, the Las Vegas federal court lacked jurisdiction, and the case was premature because the Yucca Mountain project has not been built, said Robert Hager, a Reno-based lawyer who represents the tribe. "The U.S. government has spent $8 billion and hollowed out a sacred mountain, yet the court found that the government's actions are still merely 'hypothetical,"' said Hager, who received notice of U.S. District Judge Philip Pro's ruling this week. A spokeswoman for the Justice Department, which had argued the government's case, declined immediate comment. An Energy Department official in Las Vegas said Yucca Mountain project administrators welcomed the ruling. It came two days after congressional lawmakers agreed to slash the 2006 budget for development of the repository to $450 million from $577 million -- just the latest in a series of setbacks that have included a required court-ordered rewrite of radiation safety standards and an investigation into possible falsification of scientific data. The tribe filed suit March 4, citing the Ruby Valley Treaty of 1863. Tribal members said the treaty allows only specified uses of Western Shoshone ancestral lands -- including settlements, mining, ranching, agriculture, railroads, roads and communication routes. They maintained that entombing 77,000 tons of the nation's most radioactive nuclear waste was not among the approved uses. The same judge in May declined the tribe's request for an injunction to stop the federal government from applying to the Nuclear Regulatory Commission for an operating license and from planning a railroad line across Nevada to reach the $58 billion repository. In his ruling filed Nov. 1, Pro rejected outright the tribe's contention that it had standing to sue the government because the two parties were equal signatories to the 1863 treaty. The treaty recognized vast stretches of territory in present-day Nevada, California, Utah and Idaho as Western Shoshone tribal land. However, an Indian Claims Commission decided in 1946 that the tribe lost the land through "gradual encroachment." The date for opening the Yucca Mountain project 90 miles northwest of Las Vegas has been pushed back from 2010 to 2012 or later after the Energy Department postponed submitting an application for an operating license to the Nuclear Regulatory Commission. "The challenged actions in this case are not final because the decision-making process regarding whether Yucca Mountain will become a nuclear repository is not completed," the judge said. "Additionally, (the Energy Department) has not completed its decision-making process regarding methods for transporting waste to Yucca Mountain, should it be licensed." The Western Shoshone say they will ask the judge to reconsider. If he won't, they plan to go to the U.S. Ninth Circuit Court of Appeals. (Copyright 2005 by The Associated Press. All Rights Reserved.) ***************************************************************** 48 Tribune-Review: Group disputes radioactive ash burial safety PittsburghLIVE.com: Group disputes ash safety - Friday, November 11, 2005 Activist Patty Ameno S.C. Spangler/Tribune-Review By Sam Kusic TRIBUNE-REVIEW Thursday, November 10, 2005 State environmental officials told a group of 30 or so people Wednesday that it's safe to bury radioactive ash in an East Huntingdon Township landfill. To that, the group responded: Hogwash. Farley Kalp, a lawyer and township resident, organized the meeting with people who live near the Greenridge Reclamation Landfill, which is where the Kiski Valley Water Pollution Control Authority plans to ship 12,000 cubic meters of radioactive ash. The ash is leftover from the incineration of sewage generated by the former Nuclear Materials and Equipment Corp. and its successor companies, Atlantic-Richfield Co. and Babcock &Wilcox. The ash was contaminated with uranium between 1978 and 1984. Right now, it's sitting in an old wastewater treatment lagoon in Allegheny Township. The authority is under an order by the Department of Environmental Protection to dispose of it, and the landfill, located near Alverton, won the contract to do so. But to receive a permit, the landfill had to show that once the ash was buried, it wouldn't emit more than 1 millirem, a unit that measures a person's exposure to radiation. Average exposure to radiation in the United States is about 360 millirems per person per year, according to the U.S. Department of Energy's Office of Civilian Radioactive Waste Management Web site. But most residents who attended the meeting appeared to go into it unconvinced that it was safe to deposit the ash there, especially in a landfill so close to three Southmoreland School District buildings. Superintendent John Halfhill has sent a letter to the DEP, asking the agency's officials to reconsider the decision. Township supervisors, too, indicated they are opposed to the plan. Those at the meeting asked the DEP and the authority to come up with another solution. Patty Ameno, an activist from Leechburg, told the audience that the ash and the uranium within is inherently dangerous. "There are absolutely no safe levels of radiation exposure," she said. "It is the deadliest thing known to man." But the DEP officials, when they weren't being shouted down, tried to say that while the ash is radioactive, the amount or radiation escaping from it would be safe. One township resident, Sarah Seaton, challenged DEP officials to scoop up some of the ash and hold it. Mike Forbeck, an environmental program manager, said he would, with no qualms. And Dwight Shearer, chief of the radioactive materials section, said that if the law would allow, he'd use the ash in his driveway. Nonetheless, residents who attended yesterday's meeting said they remain opposed to the plan. "This stuff doesn't belong here," Seaton said. "This stuff is deadly. Why put it in front of our kids?" said Gregg Thompson, of Ruffsdale. "The DEP doesn't care about these people," he said. The meeting lasted for almost 2 1/2 hours. Few, if any, went away feeling any better about the plan. "I'm not going to listen to the DEP," said Julie Martinosky. "They're discredited in my book as it is." Part of the underlying problem is that many residents have long-standing issues with the landfill, chiefly the odor that it sometimes produces. They say that neither the landfill nor the DEP has done enough to solve the problem. "If they can't control the odor now, how can they control this type of waste?" said Leanne Barza, of East Huntingdon. DEP spokeswoman Betsy Mallison said if residents have issues with the plan, they should call the landfill or the authority. But she added that the DEP does not plan to review the project again. "We've already made the decision," she said. Individuals who want to voice their opposition may appeal the DEP's decision to the state's Environmental Hearing Board. The five-member panel of administrative law judges reviews all appeals of DEP decisions. If the hearing board rules in favor of DEP's permit approval, opponents of the plan may appeal that decision to Commonwealth Court. Reporter Wynne Everett, of the Valley News Dispatch in Tarentum, contributed to this story. Sam Kusic can be reached at skusic@tribweb.comor 724.463.8742. Back to headlines Images and text copyright © 2005 by The Tribune-Review Publishing Co. ***************************************************************** 49 La Crosse Tribune: Meeting set on nuclear storage transportation By REID MAGNEY, La Crosse Tribune . Anti nuclear activists are planning a public meeting Saturday at University of Wisconsin-La Crosse to discuss nuclear waste transportation. This is about the very real possibility of high-level nuclear waste being transported on the railroad tracks through the middle of De Soto or on I-90 through La Crosse, Rochester or Winona County, said Guy Wolf of rural Stoddard, Wis., one of the organizers. At issue are plans by Private Fuel Storage Inc., headquartered in La Crosse at Dairyland Power Co., to open a temporary nuclear waste storage facility in Utah on land owned by the Goshute Indian tribe. The conference is being sponsored by UW-Ls Native American Student Association. PFS is a consortium of utilities with nuclear power plants, including Dairyland and Xcel Energy. The idea is to create an interim storage site until the federal government can gain approval on its Yucca Mountain storage facility. John Parkyn, chairman of PFS, said any transportation of nuclear waste is several years away and will only be done by trains, not trucks. In September, the Nuclear Regulatory Commission approved a permit to PFS for the Utah site. Parkyn said the U.S. Department of Transportation has a separate process to allow moving the nuclear waste, which will involve local communities. Its unclear whether Dairyland will use PFS to store waste as it decommissions its Genoa reactor in coming years. At a recent public meeting in De Soto, Dairyland officials said they havent decided whether to ship waste to Utah or store it in dry casks in Genoa. Wolf said the activists goal is to convince Dairyland Power (and) Xcel to choose a different course of action. If you go WHAT: Radioactive Waste and Public Safety: Municipalities, Counties and Tribal Governments WHERE: University of Wisconsin-La Crosse Cartwright Center, 1725 La Crosse St. WHEN: 1 to 5 p.m. Saturday WHO: Speakers will include: + Margene Bullcreek, a member of the Goshute tribe. + Bob Halstead, transportation adviser to Nevadas Agency for Nuclear Projects. + Kevin Kamps, a nuclear waste transport specialist with the Nuclear Information and Resource Service, Washington D.C. + John LaForge, co-director of Wisconsin-based Nukewatch, an environmental action group. + Oscar Shirani, an Exelon Corp. employee and whistle-blower on the Holtec nuclear waste cask design. + Alfred Meyer of Physicians for Social Responsibilitys Wisconsin chapter. MORE INFO: Call (608)785-8838, or see www.uwlax.edu/native Reid Magney can be reached at (608) 791-8211 or rmagney@lacrossetribune.com. Copyright © 1997 - 2005 The La Crosse Tribune. All rights ***************************************************************** 50 Guardian Unlimited: Utah Asks Court to Reject Nuclear Dump From the Associated Press [UP] Thursday November 10, 2005 1:31 AM By PAUL FOY Associated Press Writer SALT LAKE CITY (AP) - Utah asked a federal appeals court on Wednesday to overturn the Nuclear Regulatory Commission's approval of a nuclear waste storage site in the state's western desert. The petition, filed by lawyers in Washington, D.C., challenges a license authorized but not yet issued by the commission. It allows a group of nuclear-power utilities to stockpile 44,000 tons of spent fuel rods at the Skull Valley Goshute Indian Reservation, about 45 miles southwest of Salt Lake City. Gov. Jon Huntsman directed lawyers to file the petition, which was filed at the District of Columbia U.S. Circuit Court of Appeals. ``We're just going to keep fighting as hard as we can until it's dead,'' the governor's general counsel, Mike Lee, said Wednesday. The commission authorized the license in September for Private Fuel Storage, a consortium of utilities, rejecting Utah's arguments that the site was too dangerous. Lee said the petition asserts the commission underestimated the risk of a fighter jet crashing into the site and releasing radiation. Hill Air Force Base uses Skull Valley as a flight path to a training range in Utah's western desert. Utah's petition also argues that Private Fuel Storage plans to keep spent nuclear fuel rods in welded steel casks that won't be accepted for storage at Nevada's Yucca Mountain, where the Energy Department is working to open a federal repository for nuclear waste. Private Fuel Storage plans to use Skull Valley as a temporary way station for nuclear waste pending work at Yucca Mountain. ``All along we have encouraged the state of Utah to do what they need to do in protesting this project because we have always said, 'If it's not deemed to be safe, then it won't be built,''' said Bruce Whitehead, a spokesman for the utility consortium. ``But we have passed every criteria, every test, put up by the Nuclear Regulatory Commission. We have proven all of our points along the way. Our opposition really has yet to prove their points.'' Huntsman has vowed to ``stop at nothing'' to keep the nuclear waste out of Utah. ``We are urging Congress, the Bush administration, and the courts not to let PFS force us to accept nuclear waste that we didn't produce, we don't want and shouldn't have to take,'' Huntsman said. Lee said Utah wasn't asking for a court injunction because even if the NRC issues the license, Private Fuel Storage won't immediately be able to deliver any waste to Skull Valley. The Bureau of Land Management is refusing to grant a right of way for a rail spur that would carry the waste across government land to the reservation. Guardian Unlimited © Guardian Newspapers Limited 2005 ***************************************************************** 51 KTVB.COM: U.S. House passes Idaho nuclear lab funding bill | Boise Idaho News, 10:51 AM MST on Thursday, November 10, 2005 Associated Press BOISE -- The U.S. House today passed a $30.5 billion dollar energy and water appropriations bill. That includes $40 million to begin development of a new experimental nuclear reactor at the Idaho National Laboratory. The reactor will produce electricity and hydrogen. The U.S. Senate is expected to clear the measure today. When it is signed by President Bush, it will direct at least $80 million in earmarked federal money to projects at the eastern Idaho nuclear research compound northwest of Idaho Falls. Spending on federal nuclear programs at the site is $50 million more than what the White House sought in its DOE budget request to Congress earlier this year. Representative Mike Simpson says it underscores the Idaho facility's role in creating the next generation of nuclear power reactors. ***************************************************************** 52 DOE: International Energy Agency Meeting FR Doc 05-22473 [Federal Register: November 10, 2005 (Volume 70, Number 217)] [Notices] [Page 68412-68413] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr10no05-53] AGENCY: Department of Energy. ACTION: Notice of meetings. ----------------------------------------------------------------- ------ SUMMARY: The Industry Advisory Board (IAB) to the International Energy [[Page 68413]] Agency (IEA) will meet on November 17, 2005, at the headquarters of the IEA in Paris, France, in connection with a meeting of the IEA's Standing Group on Emergency Questions and the Standing Group on the Oil Market. FOR FURTHER INFORMATION CONTACT: Samuel M. Bradley, Assistant General Counsel for International and National Security Programs, Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585, 202-586- 6738. SUPPLEMENTARY INFORMATION: In accordance with section 252(c)(1)(A)(i) of the Energy Policy and Conservation Act (42 U.S.C. 6272(c)(1)(A)(i)) (EPCA), the following notice of meeting is provided: A meeting of the Industry Advisory Board (IAB) to the International Energy Agency (IEA) will be held at the headquarters of the IEA, 9, rue de la F[eacute]d[eacute]ration, Paris, France, on November 17, 2005, beginning at 8:30 a.m. The purpose of this notice is to permit attendance by representatives of U.S. company members of the IAB at a meeting of the IEA's Standing Group on Emergency Questions (SEQ), which is scheduled to be held at the IEA on November 17, beginning at 9:30 a.m., as well as a joint meeting of the SEQ and the IEA's Standing Group on the Oil Market (SOM) beginning in the afternoon, including a preparatory encounter among company representatives from 8:30 a.m. to approximately 9 a.m.. The agenda for the preparatory encounter is a review of the agenda of the meetings of the SEQ and of the SEQ/SOM. The agenda for the SEQ and SEQ/SOM meetings is under the control of the SEQ and of the SOM. It is expected that the SEQ and SOM will adopt the following agenda: 1. Adoption of the Agenda 2. Approval of the Summary Record of the 114th Meeting and the Summary Record of the Ad Hoc SEQ Meeting 3. Program of Work --Report on Governing Board Discussions on the Program of Work 4. Emergency Response Review Program --Emergency Response Review of Austria --Emergency Response Review of Denmark --Emergency Response Review of Sweden --Questionnaire Responses of: --Canada --United States --Hungary --Spain --Updated Emergency Response Review Schedule 5. Report on Current Activities of the IAB 6. Policy and Other Developments in Member Countries --Experiences of Member Countries with the IEA Collective Action 7. Other Emergency Response Activities --Proposed SEQ Working Party on IEA Emergency Reserve Calculation Methodology 8. Activities with Non-Member Countries and International Organizations --Update on Progress toward IEA Accession --Poland --Slovak Republic --Updates on Planning for 10th International Energy Forum (Beijing, April 2006) and the IEF Secretariat --Russian/Caspian Gas in Europe: Supply Risks 9. Documents for Information --Emergency Reserve Situation of IEA Candidate Countries on July 1, 2005 --Monthly Oil Statistics: August 2005 --Update of Emergency Contacts List 10. Report on IEA Brainstorming 11. The Current Oil Market Situation 12. Status of the IEA Collective Action Agreed on September 2, 2005 in Response to Disrupted Oil Supplies --Review of Recent IEA Emergency Activities --Report on IEA Member Countries' Contributions to the IEA Initial Response of September 2005 --Review of the Emergency Data Collection Process 13. Other Business --Dates of Next SEQ and SOM Meetings As provided in section 252(c)(1)(A)(ii) of the Energy Policy and Conservation Act (42 U.S.C. 6272(c)(1)(A)(ii)), the meetings of the IAB are open to representatives of members of the IAB and their counsel; representatives of members of the IEA's Standing Group on Emergency Questions; representatives of the Departments of Energy, Justice, and State, the Federal Trade Commission, the General Accounting Office, Committees of Congress, the IEA, and the European Commission; and invitees of the IAB, the SEQ, or the IEA. Issued in Washington, DC, November 4, 2005. Samuel M. Bradley, Assistant General Counsel for International and National Security Programs. [FR Doc. 05-22473 Filed 11-9-05; 8:45 am] BILLING CODE 6450-01-P ***************************************************************** NOTE: In accordance with Title 17 U.S.C. section 107 this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: *****************************************************************