***************************************************************** 10/13/05 **** RADIATION BULLETIN(RADBULL) **** VOL 13.238 ***************************************************************** 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 BBC: Reid warns over 'Iranian' attacks 2 AFP: Britain issues new warning to Iran, Hezbollah 3 Xinhua: China, Iran to discuss development of bilateral ties: FM 4 IRNA: New atmosphere in nuclear talks 5 MNA: New atmosphere in nuclear talks 6 MNA: Iran’s statement on resumption of nuclear talks without preco 7 Korea Herald: U.S. faces challenges on 3 fronts 8 Interfax China: Kim Jong-il confirms renunciation of nuclear weapons 9 US: [NukeNet] Urge Congress to Stop Funding Dangerous Nuclear 10 US: Newsday.com: There's no rebottling the nuclear genie 11 US: Corvallis Gazette-Times: Workshop covers nuclear weapons 12 INTERVIEW: GWOT - Legal Nonsense 13 Times of India: Atoms For Peace- 14 BBC: Has the Green dream wilted? 15 AU ABC: MPs fail to support council nuclear-free zone call. NUCLEAR REACTORS 16 GREENPEACE UK: Power to the people: decentralised energy not new nuc 17 US: Brattleboro Reformer: VY seeks 20-year extension 18 US: Arizona Republic: Problem with Palo Verde cooling system went un 19 US: Arizona Republic: Palo Verde now is completely off-line 20 US: NRC: NRC Announces Reappointment of Commissioner Edward McGaffig 21 US: Tallahassee Democrat: Governor advocates nuclear power 22 Buenos Aires Herald: Reacting to reactors 23 US: Bangor Daily News: Maine Yankee Lessons - 24 US: Boston Globe: NRC sets conditions for Vermont Yankee power incre 25 US: OA Online: Andrews eyes nuclear test reactor 26 Fort St. John: Fort St. John Ont. to spend over $2B on reactors 27 US: St. Petersburg Times: There's no reason nuclear power should cau 28 US: Desoto Sun Herald: When I say Nuclear, you say what? NUCLEAR SECURITY 29 US: reviewjournal.com: Nevada site, other facilities lagging in secu NUCLEAR SAFETY 30 [NYTr] Quake: Pakistan Nuclear Site "Undamaged" 31 US: NRC: Notice of Availability of Environmental Assessment and Find 32 US: Deccan Herald: How iodised is your lifestyle? NUCLEAR FUEL CYCLE 33 US: NRC: NRC Advisory Committee on Nuclear Waste to Meet in New York 34 US: Bradenton Herald: Unknown menace 35 US: Bradenton Herald: Lockheed challenges case venue 36 US: San Luis Obispo Tribune: NRC's approval of Diablo waste facility 37 AU ABC: Nelson bill to thwart NT dump opposition 38 US: AU ABC: WA Govt under pressure to rethink uranium ban 39 US: NRC: Advisory Committee on Nuclear Waste Meeting on Planning and 40 US: NRC: Advisory Committee on Nuclear Waste; Notice of Meeting 41 AU ABC: 'Outraged' NT Govt promises nuclear waste dump fight 42 NEWS.com.au: Nuclear waste to travel SA roads - 43 NEWS.com.au: Nuclear war on waste plans 44 Pahrump Valley Times: Bechtel, DOE dinged in audit 45 NEWS.com.au: Government pushes nuke dump bill - 46 Deseret News: 2 Utah legislators tour proposed Yucca Mountain PEACE US DEPT. OF ENERGY 47 Rocky Mountain News: End of road at Flats 48 Rocky Mountain News: Defense opens on Flats 49 Rocky Mountain News: 'Infinitesimal' health risk 50 Rocky Mountain News: Key events in history of Rocky Flats 51 Rocky Mountain News: Nuke plant on prairie manufactures history 52 Rocky Mountain News: A falling-out over fallout 53 Las Vegas SUN: DOE audit: Security upgrades lagging at federal nucle 54 DOE: Environmental Management Site-Specific Advisory Board, Hanford 55 Tri-Valley Herald: Livermore's Superblock deemed OK 56 LongmontFYI: Flats cleanup nearly complete 57 PRN: Kaiser-Hill Announces Physical Completion of Rocky Flats Cleanu 58 Guardian Unlimited: $7B Cleanup at Rocky Flats Said Finished ***************************************************************** ***************************************************************** FULL NEWS STORIES ***************************************************************** ***************************************************************** 1 BBC: Reid warns over 'Iranian' attacks Last Updated: Thursday, 13 October 2005 [Protests in Basra] There have been violent anti-British attacks in Iraq Iranians could be playing "a risky game" by getting involved in Iraq, Defence Secretary John Reid has warned. Mr Reid said there was no conclusive proof implicating Tehran but he believes Iranian elements are linked to insurgents attacking UK troops in Iraq. Mr Reid spoke after meeting EU defence ministers at RAF Lyneham on Thursday. Iran denies UK claims it is responsible for explosions that have caused the deaths of all eight British soldiers killed in Iraq this year. 'Not acceptable' Mr Reid told reporters: "We believe that there are elements of Iranian society - I put it no higher than that - who may well be associated with the attacks on British troops." "That is not acceptable. It is not something we can tolerate. British troops will do everything necessary to defend themselves. Anyone who is involved in this sort of thing is involved in a risky game," he said. UK defence sources have said specialist bomb-makers targeting British troops in southern Iraq are being trained by an elite arm of Iran's armed forces. Speaking on Wednesday, Mr Straw said military action against Iran's alleged nuclear ambitions was "inconceivable". But he said it was not sensible to speculate about the tactics British commanders could use against those targeting their troops. Prime Minister Tony Blair has said the evidence linked the British soldier attacks either to Iran or its militant, Lebanese allies Hezbollah, but added that officials could not be sure. ***************************************************************** 2 AFP: Britain issues new warning to Iran, Hezbollah Thu Oct 13,11:40 AM ET LYNEHAM, England (AFP) - Britain's Defence Secretary John Reid has issued a new warning to Iran " /> Iranand the militant group Hezbollah over a recent series of bomb attacks on British troops in Iraq " /> Iraq. "The nature of these leads us to believe that they are associated or originating with Hezbollah -- Hezbollah, associated with, supported by the Iranians," he told reporters on Thursday at Lyneham airbase in southwest England. "That is not acceptable, it is not something we can tolerate," Reid said, and he underlined that British troops would vigorously defend themselves. "Anyone who is involved in this sort of thing is involved in a risky game," he said at a press conference during a meeting of European Union defence ministers. But Reid stopped short of implicating the Iranian government. "We believe that there are elements of Iranian society," he said. "I have no evidence that would be conclusive that the government of Iran is involved in this." On Wednesday, The Sun newspaper cited a military source in Basra, southern Iraq, where the bulk of Britain's 8,000 or so troops are based, as saying Iran-linked roadside bombs had already killed eight British soldiers. "There is evidence the Iranian Revolutionary Guard is running training packages for insurgents," the source said. "They are in the form of 'train the trainer'. Up to 10 people at a time are being taught how to make these new devices. They return to Iraq and pass it onto another 50." A week ago, a senior British official, briefing reporters anonymously, had said that Iran's elite Revolutionary Guard had supplied weapons technology to insurgents in neighbouring Iraq. The official said it was possible Iran was trying to warn off London over its demands Tehran abandon its controversial nuclear programme. "It would be entirely natural that they would want to send a message: 'Don't mess with us,'" he said. Iran totally rejects the suspicions. Copyright © 2005 Yahoo! Inc. All rights reserved. ***************************************************************** 3 Xinhua: China, Iran to discuss development of bilateral ties: FM www.xinhuanet.com www.chinaview.cn 2005-10-13 19:40:11 BEIJING, Oct. 13 (Xinhuanet) -- China and Iran will discuss the further development of bilateral ties during Iranian Foreign Minister Manouchehr Mottaki's visit to China, said Chinese Foreign Ministry spokesman Kong Quan here Thursday. Mottaki arrived here Thursday morning on a two-day official visit as guest of Chinese Foreign Minister Li Zhaoxing. Kong said at the regular press conference that Chinese leaders will meet Mottaki and the two foreign ministers will hold talks. The two sides will focus on furthering bilateral relations under the new circumstances and exchange views on international and regional issues of common concern. He said the Iranian nuclear issue will be another topic betweenthe two sides and China holds a supportive attitude toward the negotiations between Iran and the three European countries. China hopes all parties will properly settle the issue within the framework of the International Atomic Energy Agency through peaceful negotiations, especially about finding a long-term solution, said Kong. He said China hopes Iran, the European Union and other parties concerned will break the deadlock with patience, flexibility and concrete and pragmatic steps, and resume dialogues, consultations and negotiations on this issue as early as possible. Enditem Copyright ©2003 Xinhua News Agency. All rights reserved. ***************************************************************** 4 IRNA: New atmosphere in nuclear talks Tehran, Oct 13, IRNA Iran-News Analysis-Nuclear An English-language daily on Thursday wrote on Iran's peaceful nuclear case, the role being played by the UN nuclear watchdog and the EU3 in this regard and a legal procedure to resolve the disagreement over the issue among the three mentioned sides. Tuesday's statement by the Foreign Ministry calling for the resumption of comprehensive talks without preconditions was part of the active diplomacy expected from Iran in response to recent signals by the three major European Union countries asking Iran to open the path for talks, Tehran Times said in its editorial. It (Iran) also stresses the need for the International Atomic Energy Agency to change course from an unwise and politicized approach and to return to a technical and legal procedure to resolve the issue calmly, said the morning daily. The move also illustrates Tehran's determination to employ all technical, legal and political means to facilitate the resolution of the current problem, the paper noted. It should be noted that in the defense of Iran's national rights in nuclear technology, there is no difference between the recent foreign ministry statement and the one on August 8 which announced Iran's rejection of the EU trio's unreasonable offer of August 5 and the announcement on the resumption of work at the Uranium Conversion Facility under the supervision of the IAEA, the daily noted. Iran issued the two statements to break the deadlock and give a new boost to the negotiation process. The paper went on to say that the results of the talks have so far been inconclusive for Iran and the EU trio. It has become clear that Iran's undeclared nuclear activities have been peaceful and that Iran will not forego its rights as enumerated in international nuclear treaties and, of course, favors talks. On the other hand, after two years of talks the Europeans proved that Iran's suspicions that they wanted to deny Iran its right to possess the nuclear fuel cycle were true, according to the daily. The EU trio did not successfully respond to the international challenge because they deferred to the United States 'demands over the interests of the great and powerful European Union, a move which led to differences between EU members and the isolation of the trio during the recent meeting of the IAEA Board of Governors, added the daily. EU Foreign Policy Chief Javier Solana's walkout from the Iran-EU talks and the recent announcement by the EU3 countries that they are unified in their position are further proof of this state of affairs. The continuation of talks is essential and Iran has been a pioneer in breaking the impasse in the talks by issuing this declaration and through the presentation of President Mahmoud Ahmadinejad's nuclear initiative, according to which foreign companies have been invited to participate in the production of nuclear fuel in Iran, said the daily. Although the recent remarks of the EU3 ambassadors to Tehran contained streaks of greed, they have no other option other than negotiation, wrote the daily. On the other hand, in an unusual step, said the paper, Article 5 of the recent IAEA Board of Governors resolution on Iran's nuclear program called on the Islamic Republic to return to the negotiations. The daily stressed that the failure of the West to reach a consensus against Iran, the differences in the European Union, and the recent changes on the Board of Governors have made negotiations the best solution for all sides. The conditions for the negotiations are also important. Iran and the EU3 have preconditions for the talks. Iran is emphasizing the need for cooperation and interaction and also calling for a balanced approach to rights and responsibilities based on international nuclear regulations, said Tehran Times. However, although the EU3 ambassadors recently said that they are prepared for negotiations without preconditions, they have set preconditions by asking Iran to reconsider its rejection of the September 24 resolution and to return to the terms of the November 2004 Paris Agreement, the daily maintained. So, how can the negotiations be successful? First of all, the conditions of Iran and the EU3 are incompatible. But Iran's stances are so reasonable that the involvement of any new negotiating partner would cause the three European states to moderate their intransigence. The new round of negotiations needs new proposals and new partners because at least we have had good experiences in this regard. The new plan for the talks should include Iran's conditions while eliminating the policies which are unrelated to "the objective guarantee for peaceful activities," wrote the paper in its analysis. In addition, it should expand the role of the IAEA, ensure that the two sides make every effort to be understanding, flexible, and patient, and bring other influential countries into the negotiations, the daily analyzed, adding the commitments should be equal for both sides. The paper underscored that national vigilance and diplomatic and comprehensive support are also needed. According to the daily, Iran is prepared to consider proposals, like the one presented by South Africa, over a limited period, on the condition that the EU3 signs agreements guaranteeing that Iran's nuclear rights and capabilities will not be restricted. Successful negotiations require new proposals and new partners. In addition to the EU3, Iran should enlist other countries as partners so that they can hold discussions with Iran as true representatives of the international community, Tehran Times concluded in today's editorial. ***************************************************************** 5 MNA: New atmosphere in nuclear talks Tehran:08:27,2005/10/14 TEHRAN, Oct. 12 (MNA) -- Tuesday’s statement by the Foreign Ministry calling for the resumption of comprehensive talks without preconditions was part of the active diplomacy expected from Iran in response to recent signals by the three major European Union countries asking Iran to open the path for talks. It also stresses the need for the International Atomic Energy Agency to change course from an unwise and politicized approach and to return to a technical and legal procedure to resolve the issue calmly. The move also illustrates Tehran’s determination to employ all technical, legal, and political means to facilitate the resolution of the current problem. It should be noted that in the defense of Iran’s national rights in nuclear technology, there is no difference between the recent Foreign Ministry statement and the one on August 8 which announced Iran’s rejection of the EU trio’s unreasonable offer of August 5 and the announcement on the resumption of work at the Isfahan Uranium Conversion Facility under the supervision of the IAEA. Iran issued the two statements to break the deadlock and give a new boost to the negotiation process. The results of the talks have so far been inconclusive for Iran and the EU trio. It has become clear that Iran’s undeclared nuclear activities have been peaceful and that Iran will not forego its rights as enumerated in international nuclear treaties and, of course, favors talks. On the other hand, after two years of talks the Europeans proved that Iran’s suspicions that they wanted to deny Iran its right to possess the nuclear fuel cycle were true. The EU trio did not successfully respond to the international challenge because they deferred to the United States’ demands over the interests of the great and powerful European Union, a move which led to differences between EU members and the isolation of the trio during the recent meeting of the IAEA Board of Governors. EU foreign policy chief Javier Solana’s walkout from the Iran-EU talks and the recent announcement by the EU3 countries that they are unified in their position are further proof of this state of affairs. The continuation of talks is essential, and Iran has been a pioneer in breaking the impasse in the talks by issuing this declaration and through the presentation of President Mahmud Ahmadinejad’s nuclear initiative, according to which foreign companies have been invited to participate in the production of nuclear fuel in Iran. Although the recent remarks of the EU3 ambassadors to Tehran contained streaks of greed, they have no other option other than negotiation. On the other hand, in an unusual step, Article 5 of the recent IAEA Board of Governors resolution on Iran’s nuclear program called on the Islamic Republic to return to the negotiations. The failure of the West to reach a consensus against Iran, the differences in the European Union, and the recent changes on the Board of Governors have made negotiations the best solution for all sides. The conditions for the negotiations are also important. Iran and the EU3 have preconditions for the talks. Iran is emphasizing the need for cooperation and interaction and also calling for a balanced approach to rights and responsibilities based on international nuclear regulations. However, although the EU3 ambassadors recently said that they are prepared for negotiations without preconditions, they have set preconditions by asking Iran to reconsider its rejection of the September 24 resolution and to return to the terms of the November 2004 Paris Agreement! So, how can the negotiations be successful? First of all, the conditions of Iran and the EU3 are incompatible. But Iran’s stances are so reasonable that the involvement of any new negotiating partner would cause the three European states to moderate their intransigence. The new round of negotiations needs new proposals and new partners because at least we have had good experiences in this regard. The new plan for the talks should include Iran’s conditions while eliminating the policies which are unrelated to “the objective guarantee for peaceful activities”. In addition, it should expand the role of the IAEA, ensure that the two sides make every effort to be understanding, flexible, and patient, and bring other influential countries into the negotiations. Also, the commitments should be equal for both sides. National vigilance and diplomatic and comprehensive support are also needed. Iran is prepared to consider proposals, like the one presented by South Africa, over a limited period, on the condition that the EU3 signs agreements guaranteeing that Iran’s nuclear rights and capabilities will not be restricted. Successful negotiations require new proposals and new partners. In addition to the EU3, Iran should enlist other countries as partners so that they can hold discussions with Iran as true representatives of the international community. MS/RS End MNA Photo © 2003-2005 Mehr News Agency ***************************************************************** 6 MNA: Iran’s statement on resumption of nuclear talks without preconditions :08:27,2005/10/14 2005/10/12 TEHRAN, Oct. 12 (MNA) -- In a statement issued late on Tuesday, the Foreign Ministry officially announced that Iran is prepared to restart talks on its nuclear program with all IAEA members, including the European Union big three, without any preconditions. Following is the text of the statement: Welcoming the efforts of Non-Aligned Movement states to prevent a political confrontation on the issue of Iran’s nuclear activities and with respect for the willingness of International Atomic Energy Agency Director General Mohamed ElBaradei and the European Union to return to the path of interaction and negotiations, the Islamic Republic of Iran announces its readiness to hold talks with all member states of the agency, including the three European countries, without any preconditions, in line with efforts to uphold the right to develop and possess the nuclear fuel cycle within the framework of the agency’s charter, the NPT (nuclear Non-Proliferation Treaty), and the Safeguards Agreement, while observing a balanced approach to rights and commitments, in order to strengthen mutual cooperation with the International Atomic Energy Agency. In the belief that complicated international issues can be resolved, the Islamic Republic of Iran has continued its nuclear negotiations with the three European states over the past two years, and, as an ultimatum and for clarification, it offered different countries the opportunity to participate in (its) nuclear industry, which is the highest level of transparency, but, unfortunately, the three European countries broke off the nuclear talks. Since it is essential to prevent deadlock in the path of interaction, with the desire to build confidence about the inalienable right of the Iranian nation to conduct peaceful nuclear activities within the framework of the international regulations on nuclear energy, the Islamic Republic of Iran considers pursuing talks with the three European countries useful and welcomes it, under the current circumstances. MS/HG End MNA © 2003-2005 Mehr News Agency ***************************************************************** 7 Korea Herald: U.S. faces challenges on 3 fronts 2005.10.14 Asia is one of most puzzling concerns, Paul Kennedy says Comparing the world's power dynamics to a chessboard, renowned historian Paul Kennedy said yesterday that America risks being pushed aside if it does not address imminent challenges to its current dominant position. America has to deal with three fronts: terrorists threatening national security, economic rivalries and declining cultural power in terms of global reputation. The status that America enjoys as the undeniable super-power today may be on the decline, Kennedy suggested, as new economic powers move onto the chessboard, Asia in particular. "Asia is one of the most puzzling concerns," posing military and economic challenges to the United States, he said. China and India both have experienced rising gross domestic product, and want to curb U.S. naval access to Asian seas. Paul Kennedy Goldman Sachs' long-term financial projections conclude that by 2050, the number one world economy would be China, with the United States second and India catching up, he noted. "China is the largest exporter in the world. American companies are consuming Chinese and Indian goods and outsourcing to India for cheaper services." An empire's power can be measured in three areas, military, economic and political, said Kennedy, a recognized expert on empires. His bestselling book on the rise and demise of past great empires from 1500 to the 21st century has been subject to controversy and high acclaim, read widely by world leaders in the center of power. His critical assessment of his home country, eight years after the publication of "The Rise and Fall of Great Empires," therefore stirred curious and rapt attention from the Korean audience at the IGE/Samsung Electronics Global Business Forum in the Lotte Hotel yesterday morning. Kennedy came here to participate in The World Knowledge Forum, held from Oct. 10 to 12. Often grouped with historians dubbed as "declinist" who predict the downfall of U.S. hegemony, Kennedy is a prolific writer, columnist of various syndicates, and history professor at Yale University. He is the author and editor of 15 including "The Rise ..." and "Preparing for the Twenty-First Century." On the military front, he said, the United States has an "imperial overstretch" - military overspending without adjustment of its national priorities and policies, a term he coined in his book. "There is an increasing mismatch between U.S. commitments and ground forces carrying out those commitments," Kennedy said, citing examples of U.S. troop deployments in Iraq, Afghanistan, Germany and Haiti among others. This is why, despite having the largest defense budget in the world, equal to the total defense budgets of 191 countries, America is still in danger from terrorism, which Kennedy termed "asymmetrical warfare." As the military grows bigger, terrorists will instead attack soft targets such as civilians and embassies "because you can't hurt America in the conventional military form." To address military challenges, it is important to make a careful assessment which areas in the world are significant for U.S. strategic power. "I would try to identify areas that are not first-class interests but should be helped by international agencies," he said. With regard to the deployment of U.S. troops in Korea, however, Kennedy said there needs to be "calibrated and measured plans" rather than instant withdrawal, after confirming a successful inspection of nuclear weapons in North Korea. On the economic front, the European Union and the "BRIC's" - Brazil, Russia, India and China - have also emerged as new contenders whose unified efforts and individual powers threaten to overcome the U.S. economy, which suffers from overspending in wars and federal deficits. The EU, acting as a unilateral power and single economic bloc, is able to use this advantage to check U.S. economic power. Kennedy gave examples of the EU imposing a $650 million fine on Microsoft, and threatening to increase tariffs on exports from U.S. states in response to a U.S. bill proposing tariffs on steel imports from the EU. "The United States also faces federal deficits; wider in the past four years with the war in Iraq, Afghanistan, and Hurricane Katrina relief. These are the largest deficits ever seen in the world," he said, pointing out that the federal government omits from its published deficit figures its spending in Iraq and Afghanistan. "Louis the 14th was very economical compared to President George Bush," he commented. On the cultural front, which once boasted global dominance with blue jeans, MTV, and global corporations, America has lost its "soft power," Kennedy said. He cited the war in Iraq, Afghanistan and images of people struggling in the wake of Hurricane Katrina as reasons for the waning image. "The percentage of approval of U.S. policy and the United States has gone down, down, down," he said, referring to figures from The Pew Foundation, an international opinion poll. To recover its declining international reputation, Kennedy emphasized the importance of the United States practicing "the politics of reassurance - assuring allies that you will not misuse your power, and create international organizations and instruments which can contain U.S. power," he said. If he were a policymaker, he would strive to "work in a quiet and reassuring way to let other states know that the U.S. wants to be cooperative and multilateral," in other words, "a team player," Kennedy said. This would entail revising negative policies toward international agreements such as the boycott of the Kyoto Protocol and the International Criminal tribunal, he said. In a question and answer session, Kennedy was asked, "Which nation will replace America as the next super-power?" Jokingly, he answered, "Ireland. It has beautiful scenery, kind people, and pubs that open all night..." (jkwon@heraldm.com) By Kwon Ji-young ***************************************************************** 8 Interfax China: Kim Jong-il confirms renunciation of nuclear weapons program Moscow. October 13. (Interfax) - North Korean leader Kim Jong-il has confirmed the understandings reached at the fourth round of six-sided talks to settle the nuclear problem on the Korean peninsula, Russian Presidential Envoy to the Far Eastern federal district Konstantin Pulikovsky told Interfax on Wednesday. "I met Kim Jong-il and the North Korean leader clearly confirmed his country''s renunciation of the development of nuclear weapons," Pulikovsky said on his return from festivities marking the 60th anniversary of the Korean Workers'' Party. "Kim confirmed all the understandings reached at the six-nation talks. In his opinion, one should already be speaking of the implementation of these commitments by all sides," Pulikovsky said. Asked about Kim''s health the envoy said: "He looks perfect, he is lively and joyful." Practical aspects of economic cooperation between Russia and North Korea were discussed during the visit, he said. "We discussed projects in the coal and metal industries," he said. 2005-10-14 12:50:03 1991-2005 Interfax Information Service. All rights reserved. ***************************************************************** 9 [NukeNet] Urge Congress to Stop Funding Dangerous Nuclear Date: Thu, 13 Oct 2005 16:39:51 -0700 X-Temp-Whitephrase: YES Nuclear X-Temp-Blocklink: YES http:// capwiz X-Spamprobe: ham-extreme * 0.0001999 OK NukeNet Anti-Nuclear Network (nukenet@energyjustice.net) Urge Congress to Stop Funding Dangerous Nuclear Energy + Weapons From our friends at Alliance for Nuclear Accountability: Please forward! The House / Senate Conference Committee is not likely to complete work until the end of October or early November, providing more time for grassroots action! ACTION ALERT: Urge Congress to stop dangerous nuclear weapons and energy programs Call your Senators and Representative at 202-224-3121 and urge them to contact the Chairmen of the Conference Committee, Senator Pete Domenici (R-NM) & Representative David Hobson (R-OH) SUMMARY: Congress could save taxpayers nearly a billion dollars by simply agreeing to cuts already made in the House and Senate versions of the FY 2006 Energy & Water spending bill (H.R. 2419). The Chairmen of the Conference Committee have the most power over what cuts or increases survive in the final bill. Call your legislators and urge them to tell the Chairmen to accept the House and Senate funding cuts to nuclear weapons and energy programs while preserving the House increases to environmental cleanup and nuclear warhead dismantlement. TIMING: Valid for the month of October, 2005. BACKGROUND Differences between the House and Senate versions of the Energy & Water spending bill must be worked out by a joint House-Senate Conference Committee. With the deficit over $330 billion, it is imperative that Congress approve the $1 billion in cuts to nuclear weapons and energy programs that were adopted earlier this year. Budget cuts that we support include: * $85 million for the Advanced Fuel Cycle Initiative, a dangerous and expensive return to REPROCESSING nuclear waste. * $74 million from the Yucca Mountain nuclear waste repository; * $303 million for plutonium fuel fabrication (MOX), a commercial reactor fuel; * $7.6 million for a new plutonium bomb plant to mass-produce nuclear bomb triggers; * $4 million for research into a nuclear bunker buster that has the potential of a million casualties but would be unable to penetrate many of the deepest targets; * $25 million to increase the readiness to resume underground nuclear testing; * $146 million for constructing the National Ignition Facility for nuclear weapons research; Budget increases we support include: * $115 million to dismantle nuclear warheads as pledged by the President following the Moscow Treaty; * $190 million to the environmental cleanup budget for sites to adhere to legal obligations for cleanup of contamination from U.S. nuclear weapons production. Alliance for Nuclear Accountability, 202.544.0217 You can also send a letter to your members of congress by going to the following links: Nuclear Age Peace Foundation has posted the alert on Capwiz (which has already generated over 1,000 messages) at: http://capwiz.com/wagingpeace/mail/oneclick_compose/?alertid=8067771 Working Assets has posted a similar alert on its Act for Change site (which has already generated over 11,650 messages) at http://www.workingforchange.com/activism/action.cfm?itemid=19499 A postcard version of the alert is attached, which can be copied, cut and distributed at local events. The alert is posted online at http://www.ananuclear.org/action.html See ANAs radioactive pork report at http://www.ananuclear.org/topten2005.html See sign-on letter from 44 national and local groups to Energy & Water Conferees at http://ananuclear.org/E%26Wletteroct305.html _______________________________ This Alert originated with: Jim Bridgman, Program Director Alliance for Nuclear Accountability 322 4th Street, NE, WDC, 20002 202-544-0217 x3 FAX: 202-544-6143 jcbridgman@earthlink.net www.ananuclear.org _______________________________________________________________________ Subscribe/Unsubscribe Here: http://www.energyjustice.net/nukenet/ Change your settings or access the archives at: http://energyjustice.net/mailman/listinfo/nukenet_energyjustice.net ***************************************************************** 10 Newsday.com: There's no rebottling the nuclear genie [James P. Pinkerton] Sixty years after Hiroshima and Nagasaki, the specter of atomic power hovers over us. Nukes haunt our past, they loom large in our present, and they are destined to loom even larger in our future - fueling our industries, as well as our fears. Two different Nobel Prizes just announced bespeak this nuclear omnipresence. Last week the Nobel Peace Prize went to Mohamed ElBaradei, director general of the International Atomic Energy Agency. ElBaradei, of course, became famous three years ago when he disputed the Bush administration's claims about Iraqi weapons of mass destruction. No doubt anti-Americanism helped inspire the Nobel Committee to bestow the prize on him. But the committee also stipulated that the prize was going to the IAEA as an institution. And that's an endorsement for the agency's official mandate: "to promote safe, secure and peaceful nuclear technologies." And on Monday the Nobel Prize in economics went to Thomas Schelling and Robert Aumann, both of whom advanced "game theory" - a math-based approach to clarifying the choices that individuals and countries face - and applied it to a variety of situations, most notably the use or nonuse of nuclear weapons. Many people yearn, to be sure, for the abolition of the atomic bomb, but harder heads agree that the best we can hope for is a logical system of nuclear controls. As for nuclear weapons, the logic is increasingly pretzelizing - and proliferating. The U.S. seems destined to fail in its effort to peacefully persuade North Korea and Iran from moving ahead with their robust nuclear programs. Other countries, too, are thought to be developing covert programs. From their point of view, why shouldn't they? The only reason Pakistan, for example, gets any respect around the world is because of its huge atomic arsenal. But in addition to military power, four other factors are combining to push the planet in a more nuclear direction as an alternative to continued dependence on fossil fuels. First and most obvious is the concern over record-high oil prices, which infuriates rich countries and further impoverishes poor countries. Second, nations worry about their strategic vulnerability, because so much oil flows through the war-wracked Persian Gulf. Third, many countries fear pumping additional money into, say, Saudi Arabia, so that the sheiks can pump additional money into Islamic radicalism. And fourth, there's the widespread sentiment that global warming is linked to increased carbon dioxide emissions. That's why nuclear power is on the verge of a big comeback. China is planning for 60 new nuclear plants. Last month in New York City Secretary of State Condoleezza Rice called for accelerating the use of nuclear power. In one of the few instances in which an American official has had anything nice to say about France, she noted the French get 80 percent of their electricity from nukes - the figure for the U.S. is a paltry 20 percent. Moreover, just Tuesday, Prime Minister Tony Blair urged his fellow Britons to keep "an open mind" about nuclear power. Blair has become increasingly skeptical about the political feasibility of limits on CO2 emissions, as mandated by the Kyoto Treaty, which expires in 2012. So nukes offer him a "third way" between unworkable caps and unlimited CO2 output. Still, the close connection between nuclear power and nuclear weapons is a linkage that's yet to be broken. For now, nuclear energy is the genie whose magic can be used either to create or to destroy. Just as Arab fables are full of the paradoxical consequences of being granted one's wish - for example, the wisher gets eternal life but not eternal youth - so nukes seem destined to be both promising and problematic. The genie is out of the bottle. So even as some of the world's finest minds are being rewarded for their efforts to harness it for good, other fine but fearsome minds are eager to unleash it for pure lethal evil. James P. Pinkerton's e-mail address is pinkerto@ix.netcom.com. Email: pinkerto@ix.netcom.com Copyright 2005 Newsday Inc. ***************************************************************** 11 Corvallis Gazette-Times: Workshop covers nuclear weapons [gazettetimes.com] Last modified Wednesday, October 12, 2005 10:32 PM PDT By the Gazette-Times ALBANY — Ira Shorr, national field director of Physicians for Social Responsibility, will conduct a two-hour workshop Wednesday at Linn-Benton Community College as part of The Nagasaki Project. The workshop runs from noon to 2 p.m. in the College Center Board Rooms, 6500 Pacific Blvd. S.W. Shorr will explore topics including nuclear dangers, terrorism, U.S. foreign policy, and citizen action. This event is sponsored by the LBCC Institute for Peace and Justice and is free. For more information, contact Doug Clark at 917-4557 or doug.clark@linnbenton.edu. Subscribe now Copyright © 2005 • Lee ***************************************************************** 12 INTERVIEW: GWOT - Legal Nonsense Date: Thu, 13 Oct 2005 16:40:05 -0700 X-Temp-Whitephrase: YES Nuclear X-Spamprobe: ham-extreme * 0.0001068 OK NukeNet Anti-Nuclear Network (nukenet@energyjustice.net) Francis A. Boyle Law Building 504 E. Pennsylvania Ave. Champaign, IL 61820 USA 217-333-7954 (voice) 217-244-1478 (fax) fboyle@law.uiuc.edu (personal comments only) -----Original Message----- From: professors_for_peace@yahoogroups.com [mailto:professors_for_peace@yahoogroups.com] On Behalf Of Boyle, Francis Sent: Thursday, October 13, 2005 9:14 AM To: professors_for_peace@yahoogroups.com Subject: [P_F_P] INTERVIEW: GWOT - Legal Nonsense Francis A. Boyle Law Building 504 E. Pennsylvania Ave. Champaign, IL 61820 USA 217-333-7954 (voice) 217-244-1478 (fax) fboyle@law.uiuc.edu (personal comments only) Legal Nonsense: The War on Terror and its Grave Implications for National and International Law An Interview with Prof. Francis Boyle, J.D., Ph.D. In yOUR RECEnt interview with Bill O'Reilly, he said that we had the right to roll into Afghanistan essentially (and simply) because bin Laden is a bad guy, and the Afghans were not cooperating. Do you see our refusal to make a traditional declaration of war against Afghanistan as a matter of convenience? Does it get us off the hook, morally and legally, from having to obey the normal rules of how wars are conducted and declared between one state and another? FB: I think they had already planned to go to war against Afghanistan beforehand, and it is abundantly clear from the so-called offer made by President Bush to the Afghan government that it was not really made in good faith. They were looking for a pretext, they got it, and they went to war. LID: Do you think they would have been caught off guard if Afghanistan had given way on all their demands? FB: It was reported on CounterPunch.org that they did, in fact, offer to turn over bin Laden, but this offer was never followed up. It is clear that bin Laden was a pretext, and 9/11 was a pretext. They needed a pretext to go to war against Afghanistan and Iraq, and they created the conditions to make it possible. It also seems to me that they knew the 9/11 attacks were going to happen, but that's another story. LID: Indeed. There's a lot about the mainstream story of 9/11 that doesn't make sense, but that is, as you say, another story. What struck us, as all this unfolded, was how non-traditional our approach to the whole thing was. They could have made an argument to make a real declaration of war 25 thE EDitORs' glOss: Article I.8 of the Constitution gives Congress the power to "constitute Tribunals inferior to the Supreme Court . . . define and punish . . . Offenses against the Law of Nations . . . and make Rules concerning Captures on Land and Water." But on November 13, 2001, President Bush issued a "Military Order" granting himself the power to detain and try by "military commission" - for "violations of the laws of war and other applicable laws" - anyone he determines is or was in al- Qaeda, "engaged in, aided or abetted, or conspired to commit, [undefined] acts of international terrorism," or "knowingly harbored one or more" individuals in these categories. As the Order was developed, the usual suspects (David Addington, vice president's counsel; John Yoo, Justice Department lawyer; Timothy Flanigan, former deputy White House counsel) overruled military, State, and Justice Department experts - who wanted criminal or courts-martial proceedings for 9/11 and "war on terror" (GWOT) suspects - because GWOT intelligence might be hard to get if defense lawyers and due-process got in the way ("After Terror, a Secret Rewriting of Military Law," New York Times, October 24, 2004). The legality of so removing individuals from the criminal or military justice system was challenged by attorneys on behalf of Salim Hamdan. D. C. District Court Judge James Robertson stopped the commissions in November 2004 (see pp. 480-2). The government appealed and pressed ahead, an insider blaming Cheney for its intransigence (New York Times, March 27, 2005: "Cheney is still driving a lot of this"). Meanwhile, some of the commission's defense lawyers and even military prosecutors complained of its "marginal" cases and "half-assed effort" (AFP, August 1, 2005). But on July 15 - in spite of 17 "friend of the court" briefs on Hamdan's side from retired JAGs, generals, and admirals; a Constitutional historian at the Library of Congress; and numerous international-, national-security-, and military-law academics and lawyers - the government won a reversal from a D. C. Appeals Court three-judge panel; it argued that the "Geneva Convention cannot be judicially enforced." One of the three judges met the President for an interview the day before, and on July 20 he was nominated to the Supreme Court. It might be coincidental that John Roberts was tapped for the Court five days after he joined the decision that the President's "construction and application of treaty provisions is entitled to great weight." Alternatively, Bruce Shapiro, writing in The Nation (July 20, 2005), suggests that Roberts's interview with the President was his oral exam, and the Hamdan decision was the "essay question." Evidently he passed. [ 3 ] boyle [ 3 5 ] legal nonsense against Afghanistan, but it seems to us that this approach was intentionally avoided. FB: I think Bush did seek a declaration along the lines of what Roosevelt got from Congress on December 8, 1941. The reason he sought it was that it would have made him a constitutional dictator. Fortunately, Congress did not give Bush a formal declaration of war, but he did try. Had he gotten one all the provisions of the U.S. Code would have applied, which give the President sweeping powers during a state of declared war. LID: So you say "fortunately" because of the powers of the U.S. Code that would have been granted to the President? FB: The book Presidential Power by Arthur Miller explains how, with a formal declaration of war by Congress, as happened in December 1941 and also in WWI, the President essentially becomes a constitutional dictator. He can pretty much do what he wants. LID: That's interesting. Although there are negative ramifications for how the prisoners are treated in an undeclared war, it sounds like one of the "benefits" has been that at least we avoided having a dictatorship on our hands in America - or at least more of one than we currently suffer. FB: It could have been a lot worse. Senator Byrd pointed out that the authorization that the President did get was not a formal declaration of war, but rather a limited authorization and subject to all the requirements of the War Powers resolution. He was not given a blank check. LID: Do you know how well he did in meeting any of those requirements? FB: Ha! That's a good one. The problem is that the President does not care. He believes clearly that he is above the Constitution of the United States. He has made it clear that he is not limited by anyone. But the fact remains that it is up to Congress to enforce its own war powers. The Constitution, Article I, Section 8, gives the power to Congress to go to war, not to the President. It is up to Congress to enforce this in the first instance, and ultimately for the American people to enforce this in default by Congress. This is why I started my campaign for impeachment. I called Ramsey Clark to discuss starting an impeachment campaign against the President over the war in Afghanistan. He felt that the public support was not there at that time, because the President had been very successful in brainwashing the American people into supporting what he was doing. But, in August 2002 Cheney began making his speeches against Iraq and the situation and atmosphere began to change. It appeared to be the same scenario they had pursued in Gulf War I under Bush Senior. LID: In following your impeachment efforts, we saw that you are waiting on an equivalent to Congressman Henry B. Gonzalez (D-Tex.), who - I think many Americans don't know this - worked with you to attempt an impeachment of Bush 41 over the first Gulf War. FB: We are pressuring Congress. We need one member of Congress to propose a bill. Congressman Conyers did have a discussion on March 13, 2003, with 40 or 50 of his top advisors. He called Ramsey and me, inviting us to state the case for putting in immediate bills of impeachment against Bush, Cheney, Rumsfeld, and Ashcroft to try to head off the war. We did the best we could. The merits were debated quite extensively. The people there did not really disagree with us on the merits of impeachment but rather on the political practicality. John Podesta was there on behalf of the Democratic National Committee arguing that proposing a bill of impeachment might hurt the Democratic candidate in 2004. That is where we stand now. I think that advice was wrong. But I did not argue the point. I just argued the constitutional merits of impeachment. No one really disagreed with that. They were merely concerned with how it would play out in the November 2004 elections. Of course the Democrats were clobbered, but Ramsey and I agreed before the election to push forward, and that is what we are doing. LID: Do you have any hopefuls in terms of the Congressional sponsorship that you need? FB: Any one of them could do it. It's up to the people to pressure their representatives to put one in. But with the offensive, the destruction, and the killing in Fallujah - this is a crime against humanity. We have already lost some 1800 military people thanks to Bush, Cheney, Rumsfeld, and others. It seems to me that we owe it to those fallen troops to file bills of impeachment, and to make it clear that we are going to try to hold these war criminals to account not only for the dead U.S. soldiers, but also for the more than 100,000 dead Iraqis. If we do not act, this war is going to get well and truly out of control. General Shinseki publicly testified that we need several hundred thousand troops to occupy Iraq. He has been proven right. The troops there are sitting ducks, and what we need to do is get our troops out of harms way. [ 3 ] boyle [ 3 ] legal nonsense LID: On another subject - but speaking of resisting war criminals and their crimes - we understand that you were able to act as counsel for 28- year-old former Staff Sgt. Camilo Mejia, who was sentenced on May 21, 2004, to one year in prison for refusing to return to fight in Iraq. FB: That's right. He was the first resister. He saw everything, and was even asked to participate in the torture being conducted. He came back home on leave and after much soul-searching realized he could not continue in good conscience to participate in an illegal war. He filed for conscientious objector status as a result. He was court marshaled for desertion! Though he was the first to do so, he is unlikely to be the last. The Pentagon decided to make an example of him, to make a point to the rest of the troops who are beginning to get very restless. He is, of course, a hero, the first Amnesty-International-declared prisoner of conscience in America linked to this war. LID: A couple of thoughts on the legal background. We came across a comment made by Dr. Elizabeth Wilmshurst in England, who as you know resigned her post as deputy legal adviser to the Foreign & Commonwealth Office in the U.K. over the illegality of the Iraq war. She said, "lawyers hate the phrase 'war on terror.'" Do you share that sentiment? FB: If you see my book, Destroying World Order, there is a whole chapter entitled "Preserving the Rule of Law in the War on International Terrorism." It is mere propaganda, a slogan that the Bush people have come up with to justify aggression, their own terrorism, war crimes, and torture elsewhere round the world. There is no generally accepted definition of terrorism. In practical terms, anyone who opposes what the U.S. does becomes "a terrorist." The USSR did much the same thing after they invaded Afghanistan. Powerful governments as a rule call their opponents "terrorist," thereby seeking some kind of "moral high ground." LID: For the Soviets, Osama bin Laden would have been a "terrorist extraordinaire" when he was involved in resisting their efforts to take over Afghanistan. But now the shoe is on the other foot. FB: Let's be clear about all this. Bin Laden is our guy. The Carter administration, as well as the Reagan people, worked hand-in-glove with bin Laden and the CIA. That's where he and al-Qaeda came from! As long as he was fighting the Soviet Union, he was "a freedom fighter," part of the Mujahideen. But once these Islamic warriors turned against the U.S. and its view of the world - assuming that they ever believed it - they became "terrorists" overnight. These terms are devoid of any substance. They are designed, quite simply, to squash dissent. We used to throw around the term "Communist" a lot in the old days, even when the accused were very far from being such. It was a convenient way of ridding oneself of problems through the use of the smear technique. LID: You mentioned that one of the real problems making this war on terror so vague, so sweeping and so meaningless - to the point of allowing it to encompass just about anything the Bushites want it to - is that all the normal protections afforded to people on the opposite side of an armed force can be twisted, manipulated, or just dispensed with. FB: It's dehumanizing to Arabs, Blacks, Muslims, Asians, Coloreds. We cannot forget the racist element of the war here, very much like Vietnam. In Vietnam, we had to dehumanize them in order to kill them - so we called them "gooks." Now instead of looking at these people as human beings, with grievances and a cause that they have not made known to our people but might like to, we call them "terrorists." We dehumanize them in order to make it easier for the American people to do terrible things to them that we otherwise would not be doing in all likelihood. I doubt seriously that we would be treating white Christians or white Jews this way. These terrorists, as we call them, are throwaway people. LID: Of course in Serbia and Kosovo, it was the other way around. It was white Christians who were being attacked in another illegal and unjust war for their alleged crimes against Muslims, never mind that the faction that we supported were real terrorists, i.e., the KLA. In that light it simply seems like the terrorists are always whomever we've chosen to oppose in whatever the conflict de jour is. Now speaking of Kosovo - just to digress for a second - our sense is that the legal background for the assault on Serbia was just as specious as that used in the war against Iraq. FB: I agree with you. In fact, in that same book mentioned above there is a chapter on humanitarian intervention in which I also condemn the arguments used to justify the Serbia intervention. LID: Now there may have been some argument that the Serbia bombing was a "humanitarian effort" to protect Muslims and Kosovars, though we would agree with you that it was an entirely bogus pretext. But that shows, doesn't it, that we will pick up whatever flag is useful - "humanitarian aid," "WMDs," "terrorism" - to accomplish our other aims? [ 3 ] boyle [ 3 9 ] legal nonsense FB: All of these wars, Afghanistan and Iraq - and our less well-known military interventions elsewhere of late - have one thing in common: oil and natural gas. That is what all this "imperial hubris" is about. We are running out of these things, things so vital to our economy. The Pentagon knows it, and so they are scrambling to get whatever oil and natural gas they can find - whether it's in Central Asia, Afghanistan, Iraq, Columbia, Jibouti, or the Suez Canal. They are now planning military intervention on the west coast of Africa because oil and gas have been found there. If you look at all they are doing - not what they are saying, but what they are doing - they are deploying forces all over the world where there is oil and gas to be had. There is no deployment, however urgent the situation, where there is no oil and gas. LID: Let's give some thought, if we may, to the Guantánamo detainees. One thing that has struck us as problematic - and it goes all the way back to 9/11 - is that, in the context of the "war on terror," Uncle Sam is making an informal declaration of war against irregular forces all over the globe. Anyone with a gun who does not sympathize with the American way of life, or the politics of the government, is automatically deemed "an enemy." Correct us if we are wrong, but under the normal process of declaring war, the opposing sides' troops are recognized as lawful combatants who are guaranteed certain rights. Here, where we are picking a fight with all the irregular forces of the world, they are immediately deprived of their rights - or so it seems to us. It appears that much of the Geneva Conventions have been set aside and that POW rights have effectively been ignored and nulli- fied. If this is so, it seems to be the height of hypocrisy. FB: It is most definitely the case. What that is going to do is react to the disadvantage of our own men and women in the armed forces, because what we have done is to send a message that we don't care about the Geneva Convention - and that can only expose our armed forces to grave harm and danger. Battle is bad enough, but if they get wounded or captured the only protection our people have is the Geneva Convention. If we are now saying we just don't care about any of this in Afghanistan, Iraq, Gitmo, then there is no kind of protection for our armed forces. Even Secretary of State Powell pointed this out in a memo to Bush. I regret to say you will likely see outright savagery being inflicted on our armed forces - and certainly to the extent that we are inflicting it on our opponents. The U.S. Marine filmed shooting dead a wounded resistance fighter in a mosque in Fallujah has set a dangerous precedent. It says, in effect, that if you are an Iraqi fighting the occupation and you are caught, you are likely to get your head blown off. What hope, then, is there for wounded or captured American troops in Iraqi hands? LID: A lot of media coverage has been given to the tribunals in Gitmo, variously termed "Combatant Status Review Tribunals" and "Administrative Review Boards" - not to mention the infamous military commissions established under the President's Military Order of November 13, 2001. The heated discussion is all about whether or not these tribunals are sufficient to provide for the rights of the detainees. Our sense is that they don't come close, because of clear obligations on the part of those doing the detaining (i.e., us) to provide for a Geneva Article 5 tribunal, which passes a judgment on whether people should be held as POWs or not - and until those tribunals are conducted, the detainees are supposed to be presumed to be POWs and afforded POW rights. Something our government has conspicuously not done. FB: These kangaroo courts - I'm talking "military commissions" now - were opposed by the professional military lawyers in the Judge Advocate General's (JAG) office at the Pentagon. They were opposed by the professional international lawyers in the State Department. The only lawyers who supported these kangaroo courts were right wing, war-mongering lawyers that inhabited the office of White House counsel Alberto Gonzales - now attorney general - and John Ashcroft at the Department of "Injustice." That is to say, none of the professionals who know anything at all about human rights or the laws of war. As I said, even the professional military lawyers were against these courts. As you know, in late November 2004 the federal district judge in Washington, D.C., struck the whole thing down, though in July 2005 it was rehabilitated by an appeals court for the D.C. circuit in a frankly ridiculous decision. Though in the district case - Hamdan v. Rumsfeld - the judge applies the law as it should have been applied in the first place.1 LID: What are the details of these recent decisions? FB: The first decision simply struck down the kangaroo court procedure down at Gitmo. That decision was then overturned on the basis that the Geneva Conventions are not "self-executing," though honestly, what good 1. See the discussion of military commissions and related tribunals in chapter 29 and its postscripts, on pp. 443-489 of the present volume.-Ed. [ 3 0 ] boyle [ 3 1 ] legal nonsense is a right if it cannot be protected in the courts? When the Department of Justice first made the appeal, they were probably hopeful that they'd get it to the Supreme Court, which the Bushites control; now it looks like that might happen, as the attorneys for Hamdan have themselves appealed. Do remember, by the way, that it was the five Republican justices that gave the presidency to Bush Jr. in 2000 to begin with, and started this whole problem. After that happened the Democrats were derelict in their duty by not putting in Bills of Impeachment against those five Supreme Court Justices. They rolled over and played dead, just as Gore and Kerry have done. What good are they? LID: On a side (but related) note, one of the pretexts we have heard that was supposed to have justified our aggression in Afghanistan is the phrase, "Afghanistan is a failed state." It appears everywhere in the political literature on the subject and it seems to say that, as a consequence, the norms of international law between one sovereign State and another simply don't apply. Would you say that is gibberish? FB: Yes, it means nothing. It's just a category, a description, pulled out of thin air and developed. LID: The Afghans don't see things the way we do, so they can be dismissed as a nonentity, right? FB: Yes. In fact we were actually negotiating with the Taliban government in Afghanistan during the Clinton administration about the construction of a huge oil pipeline through their territory, and it appears that Clinton was about to establish diplomatic relations with them. LID: So, Afghanistan being a "failed state" did not impede that process! FB: Not at all. All we cared about was getting into that Central Asian oil field and raking in big money. LID: On the legal question of one sovereign state versus another, many commentators and public figures - Robin Cook, Kofi Annan, Elizabeth Wilmshurst, and yourself to name but a few - have come out in black and white saying the aggression against Iraq was illegal. This is also the opinion of some hundreds of international lawyers around the globe that have made statements on various occasions.1 Even Richard Perle conceded that international law would have "gotten in the way" of the Iraq invasion, had it been 1. Vide supra, p. 368, note 2.-Ed. obeyed. What this means, at least from our point of view, is that we deposed by force of arms a legitimate government, recognized as such throughout the world, and that consequently the government that was in place is still the legitimate government at least de jure if not de facto. Do you agree? FB: Yes. Under the laws of war as codified in U.S. Army Field Manual 2710, we did indeed depose the legitimate government of Iraq. The U.S. and Britain are - still - what is known as the "belligerent occupants" of Iraq. The so-called Allawi government was nothing more than a puppet government. But the laws of war do not prohibit us from establishing a puppet government if that is what we want as occupiers. Again, under the above law, we are responsible for the behavior of that puppet government. We have displaced the legitimate government of Iraq and have imposed a puppet government - twice. What happens now depends on if and when the belligerent occupation by the U.S. and U.K. ends, and if the Iraqi people themselves have an opportunity to reestablish their own government. It's important to keep this in mind, despite all the talk about the transfer of sovereignty, democracy, and elections. That's all nonsense. The sovereignty resides in the hands of the Iraqi people. They never lost it in the first place. It was never ours to transfer. A belligerent occupant does not obtain sovereignty. Sovereignty remains with people and with the state that is occupied. We never had anything to transfer to Allawi. He remained at all times the puppet head of a puppet government. The January 2005 elections did nothing but establish another puppet government, no matter who did or did not participate, and in what numbers. LID: And any so-called trial of former members of the legitimate government conducted under the auspices of this puppet government - particularly if the occupying forces are still there - is very problematic as well. FB: They are simply more kangaroo court proceedings. Clearly there are procedures. Saddam is a prisoner of war. Prisoners of war under the Third Geneva Convention can be tried for the commission of war crimes, but they are subject to all the protections of the third Geneva Convention. In this situation Saddam would be entitled to a trial in the form of a courtmartial under the Uniform Code of Military Justice. Clearly he will not get that. He will get a kangaroo summary procedure and then they will take him out and kill him. Several of the so-called Iraqi human rights people involved in setting up these kangaroo courts have already said as much. Saddam will not get a fair trial. Of that there can be very little doubt. [ 3 2 ] boyle LID: Are there any other important points of which we should be aware? FB: Before the start of the war against Iraq, President Putin of Russia and Walter Cronkite both publicly stated that if Bush went to war against Iraq, he could set off a third world war - and that is the situation we find ourselves in now. This is an extremely volatile area of the world. Two-thirds of the world's energy resources are there - the very thing that we are going after. That that is what we are doing is very clear to Russia, Europe, China, India, Pakistan. It's very clear we are going all out for the oil and the gas in order to control the future of the world's economy. The longer we, the American people, let this go on, the more we risk a wider regional war that could easily degenerate into a world war. LID: Rumsfeld's favorite words for the Iraqi resistance is "extremist," "terrorist," etc. We assume there is no question that the Iraqis who are defending themselves from occupation have every legitimate right to do so, regardless of what outside influence there may or may not be in Iraq? FB: This is clearly an illegal and criminal war being waged by Bush Jr. and Tony Blair. So, of course, the Iraqi people have a right to resist an illegal, criminal war under international law. That's the danger in all of this. Hitler got away with marching into Austria and Czechoslovakia, but then he went into Poland and that led to the start of WWII. Here we have Bush who has waged two wars now, in Afghanistan and Iraq. He is now threatening Syria, Iran, and North Korea. We have a very similar situation here. Either the current situation is brought under control, or they launch one more aggressive war. That could start a chain reaction leading to a regional war - and perhaps to another world war. LID: Let's hope we can reverse the tide before that happens. FB: I think we have to, and that is why Ramsey and I are pressing ahead with impeachment. Remember, and this is very important, Nixon won a landslide victory against McGovern in 1972. Massachusetts was against him, but the rest of the country supported him. Yet he and Agnew were out of office less than two years later. So, that is the scenario that I think we must pursue with respect to Messrs. Bush and Cheney. www.informationclearinghouse.info www.einswine.com 5 6 Francis A. Boyle Law Building 504 E. Pennsylvania Ave. Champaign, IL 61820 USA 217-333-7954 (voice) 217-244-1478 (fax) fboyle@law.uiuc.edu (personal comments only) [Non-text portions of this message have been removed] ------------------------ Yahoo! Groups Sponsor --------------------~--> Fair play? Video games influencing politics. Click and talk back! http://us.click.yahoo.com/VpgUKB/pzNLAA/cUmLAA/XgSolB/TM --------------------------------------------------------------------~-> To find links to our affiliated workgroup and discussion lists and to learn how to subscribe to these lists see: http://action-tank.org/pfp/ nd discussion lists and to learn how to subscribe to these lists see: http://action-tank.org/pfp/ ***************************************************************** 13 Times of India: Atoms For Peace- S Z YAGHOUBI [ WEDNESDAY, OCTOBER 12, 2005 12:00:00 AM ] Citibank NRI Offer The nuclear question of Iran and the Indian vote at the IAEA have led to a healthy debate among scholars, writers, experts, high officials, former envoys and retired military men of India. The opponents and the supporters of the issue have, to the same extent, contributed to the discussion. This is the manifestation of the real and ancient democracy of India. I believe that the West Asian countries, which belong to a single homeland, can take steps towards more cooperation and convergence with each other and perhaps formation of an economic bloc in future. Under such conditions Asia will come closer to Caucasus, Russia and Europe. The economies of the West Asian countries are almost complementary, and with the presence of corridors including energy, transportation, commerce, water and electricity, in addition to their comparative advantages, they can contribute to such a goal. Iran looks at its ties with countries of the region from this point of view. During the last 200 years, Iran has not only not threatened or attacked any country but has itself been the target of threats and occupation. Attacks on Iran and occupation of some parts of it by Saddam, which took place with the help of the West and some neighboring countries, is the last in the series of these threats. Foreign colonial powers, by taking advantage of the weaknesses and domestic problems of neighbours, have disintegrated some of these countries and maintained their political influence and military presence in others till today. Iran with a rich culture, internal stability and national democracy is considered to be one of the most stable countries in the region. Most of the problems arise from the influence and expectations of foreign powers, according to whom world energy security is provided by their presence and not the stability of those countries. Iran has always striven for freeing the Persian Gulf and the West Asian region from tension, withdrawal of foreign forces from the region, and expansion of democracy in these countries by their people themselves and without any bloodshed and foreign interference. Iran is also opposed to the arms race among the countries of the region who belong to the same family and from this point of view, its military expenditure in relation to its population and status is the lowest in the world. The Friendship Pact between Iran and India was signed in 1951, during the height of the Cold War. In spite of the critical global situation and though Iran and India were placed in different blocs, the two countries were still able to strengthen their cordial relations and sign three important documents, known as the Tehran and New Delhi Declarations and The Roadmap for Strategic Cooperation. Copyright © 2005 Times Internet Limited. All rights reserved. ***************************************************************** 14 BBC: Has the Green dream wilted? Last Updated: Thursday, 13 October 2005 By Sam Wilson BBC News [Joschka Fischer of Germany's Green Party] Europe's most famous Green politician is no longer in office Only half a decade ago the future of Europe looked greener than ever before. Green parties were part of the governments of five European countries, pushing the environment closer to the forefront of policy-making. "Some had the impression that a luminous sunflower was hanging in the grey sky," wrote Juan Behrend, the former secretary general of the Green federation in the European parliament. But that era is now over. With the cementing of a grand coalition in Germany this week, Greens have lost their last toehold in western European government, and their most recognisable figure, former German Foreign Minister Joschka Fischer, is out of office. And this at a time, says Mr Behrend, when "the current climate is asking for Green politics". Having been ejected from government in Finland, France, Italy, Belgium and now Germany, it would be no surprise if the Greens' optimism, like the imaginary sunflower, had wilted. "These are setbacks, clearly, in every case. Greens are not now shaping policy," says Hubert Kleinert, once a German Green MP, now a political scientist. RISE OF THE GREENS Greens were part o national governments in... Finland, 1995 Italy, 1996 France, 1997 Germany, 1998 Belgium, 1999 "During the last five years there have been more defeats than victories. And I think this [German result] is the biggest one." But Mr Behrend refuses to be downbeat. He admits the German result is "a blow", but denies it shows Green politics is in decline. "Coming back to opposition is also an opportunity," he told the BBC News website. He points out that the Green movement was founded in local-level activism, and its grassroots are still strong. "We are expert at making opposition politics so I'm optimistic we'll be able to articulate a very coherent Green policy," he says. Chris Rootes, professor of environmental politics at England's University of Kent, agrees. "Being out of government may liberate them - they were always uncomfortable with a party [Gerhard Schroeder's SPD] with whom they have a lot of differences," he says. Divisive debate The German Greens may have been leapfrogged by the liberal Free Democrats and the new Left, but Prof Rootes points out that their share of the vote fell only about 0.5%. Greens have suffered across Europe, he suggests, only because voters have turned against their socialist and social democratic coalition allies "and [Greens] have thus far not been willing to sustain right-wing governments". Green politics a sustainability are not just post-materialistic dreams Juan Behrend European Green Party co-ordinator That ties their fortunes closely to the left, he says, as "it does make the parties of the centre-left very dependent on the Greens". For Prof Kleinert, being out of power gives greens a chance to rethink their allegiances, including the possibility of entering coalitions with centre-right parties like Germany's CDU. It could be a divisive debate, as "the feeling of the Greens' leaders is surely more to the middle, but the feeling of the base is more left-wing". Ideas 'entrenched' But other commentators say there is no need for Greens to panic. They are part of Romano Prodi's left-wing alliance expected to challenge hard in Italy's elections next year, and are likely to form part of the left-wing bloc competing in France in 2007. "Greens have shown they can be serious politicians, can hold cabinet office and can be trusted, and these will count if their time comes again," says Dr Neil Carter of the University of York. [Greenpeace activists dressed as trees] Green activists may have different political aims to the leadership But what about environmental policies? With no Green ministers now at cabinet tables, or at EU ministerial meetings, will there be no-one to push ecological considerations? The Green Party in Germany was instrumental in forming that country's policy of shutting down nuclear energy, and its huge increase in the use of renewable energy. Are these achievements now at risk? Prof Rootes thinks not, as these ideas are now "entrenched" in the political mainstream. Mr Behrend says that people across Europe realise the importance of environmental protection, and they will not allow any political party to neglect that in its policy making. "Green politics and sustainability are not just post-materialistic dreams," he says. "They are hard politics that we're going to have to face in the coming years." ***************************************************************** 15 AU ABC: MPs fail to support council nuclear-free zone call. 13/10/2005. Last Update: Thursday, October 13, 2005. 10:25am (AEST) Western Australian Opposition MPs have rejected calls for local councils to declare themselves nuclear-free zones. Albany MLA Peter Watson wants local governments to amend their town planning schemes to prohibit nuclear activity. His call is in response to the Liberal Party declaring its support for uranium mining in WA. The Liberal Member for Roe, Graham Jacobs, says his position on nuclear-free zones depends on what Mr Watson's definition of nuclear activity is. "I would certainly oppose and reject any proposal to establish a nuclear waste dump in Western Australia or the electorate of Roe or anywhere else for that matter in Western Australia," he said. "So if that's the sort of nuclear activity he's talking about I would oppose that. Now, if you're talking, though, about uranium mining, that's another issue and that's not nuclear activity." The Member for Stirling, the Nationals' Terry Redman, says he will not be following Mr Watson's lead by asking other councils in his electorate to declare themselves nuclear-free. Mr Redman says it is important that there is a community debate on uranium mining and nuclear activities. "There's a whole heap of hype out there and there are a number of people who are not informed about the real issues and I think it's important that we do promote that to the community before people make a decision on these sorts of things," he said. © 2005 ABC| Privacy Policy ***************************************************************** 16 GREENPEACE UK: Power to the people: decentralised energy not new nuclear plants With the pressure on from the nuclear lobby to build a series of ten new reactors in the UK, the Environmental Audit Committee of the House of Commons is holding an inquiry into future electricity production in the UK. The inquiry, Keeping the Lights On: Nuclear Power, Renewables and Climate Change, is being seen by many as the preliminary to an expected energy review in early 2006 which might result in proposals for new nuclear power plants. In detailed evidence to the Committee, Greenpeace has shown that a new reactor programme would: + be an expensive gamble on an untried and untested reactor design which could experience generic technical failures that disable the whole fleet; + add a massive 400% to the UK's stockpile of intensely hot and highly radioactive spent nuclear fuel; + create 100,000 tonnes of depleted uranium waste as part of reactor fuel processing; + take too long to build to reduce CO2 emissions in line with the Government's 2020 target; + provide more targets for terrorists over the coming decades; + risk significant public opposition - for all the reason listed above. Download part 1 of our submission to the Environmental Audit Committee on these issues here (Adobe PDF format). Greenpeace has also submitted evidence on the alternative measures that could be used to reduce CO2 emissions and provide electricity, through renewable and rapidly progressing low-cost, flexible decentralised energy systems. Download part 2 of our submission to the Environmental Audit Committee on these issues here (Adobe PDF format). The Committee will hear oral evidence during October. For information on nuclear power and climate change; proliferation and civil and military nuclear technology; decommissioning and clean up in the UK; and radioactive waste issues, please visit the Greenpeace UK Nuclear homepage. ***************************************************************** 17 Brattleboro Reformer: VY seeks 20-year extension October 13, 2005 Brattleboro, VT By K. CECCAROSSI Reformer Staff BRATTLEBORO -- Owners of Vermont Yankee nuclear power plant have told federal regulators they will apply for a 20-year extension on its operating license. The news sets in motion a costly and meticulous approval process that could take up to two years to complete, but might not include much -- if any -- input from the people who would be most affected by the change. Last week, Entergy Nuclear told the Nuclear Regulatory Agency to expect a formal application in January. Since Entergy bought the plant in 2002, officials have discussed extending the license for the 33-year-old reactor. It was just a matter of when they would file. The Nuclear Regulatory Agency maintains sole authority to approve the request. A team of engineers will review the environmental impact of a license extension and conduct an audit on how well Entergy has maintained aging components of the plant. Nuclear watchdog groups, residents or state officials can ask for a public hearing on the license extension, which would give Vermonters a chance to weigh in on the issue. But it's up to the Atomic Safety and Licensing Board, a quasi-judicial branch of the NRC, whether to grant a public hearing. To pass muster with the board, would-be intervenors must show they have serious concerns about the plant's extended operation. To date, 33 nuclear plants across the country have applied for license extensions. The NRC has OK'd 31 of them and sent two back for more review. Not a single application was brought to a public hearing, according to Neil Sheehan, spokesman for the NRC. Intervenors must provide concerns or contentions that are very specific about plant safety; intervenors must also prove they have good reason to be involved in the matter, he said. "The NRC has raised the threshold so high for bringing issues to the fore, it's almost impossible for intervention," said Raymond Shadis, technical adviser for the nuclear watchdog group New England Coalition. The coalition will seek a public hearing on the license extension. The plant has already shown signs of poor maintenance and a deteriorating condition, Shadis said, pointing to the April 2004 transformer fire and a July 2005 fire in the plant's electrical yard. Both fires shut down Vermont Yankee and forced the state's utilities to purchase power at higher costs on the open market. Vermont Yankee current 40-year license was issued in 1972. About half the plant's 540-megawatt output goes to Vermont, where it comprises about one-third of the state's power supply. To apply for a license extension with the NRC, plant owners must notify the agency well in advance so its small staff of engineers can schedule the work. In April 2003, Entergy reserved slots in January 2005 for relicensing two of its plants. Pilgrim Nuclear Power Station in Plymouth, Mass., was identified as one. The other, until last week, was unnamed. Carl Crawford, a spokesman for Entergy, said there were no other plants in Entergy's fleet competing with Vermont Yankee for the second slot. The Pilgrim Nuclear Power Station is almost identical to Vermont Yankee in design; it began operating a few months after the Vernon reactor. Because of the similarities, Crawford said it made sense for Entergy to pursue license extensions at both plants at the same time to save on costs and resources for the company. "There will be some efficiencies," he said. But when Entergy applies for a license extension, Crawford explained, there are always efficiencies. Where relicensing applications have cost some plant owners between $12 million and $15 million, Entergy has kept its costs between $10 million and $12 million. In fact, Entergy has created a side business, where it does relicensing work for other plants. Crawford said the company has done about a dozen applications for its plants and others. "We do it cheaper," he said. Entergy officials are not the only ones who have been making plans for breathing more life in Vermont Yankee. When the state's Public Service Board approved the plant's sale, it did so with an eye on prolonged operation and designed provisions that would give the state's ratepayers a bonus in the case of a license extension. Under a contract negotiated at the time of the plant's sale, Green Mountain Power and Central Vermont Public Service Corp. are paying between $42 and $45 per megawatt-hour, less than half the current going rate in New England. In the case of an extension, and increased profits for Entergy, the sale agreement dictates that the state's utilities would split evenly on any wholesale power contracts above $60 per megawatt-hour, or 6 cents per kilowatt hour. David O'Brien, commissioner of the state Department of Public Service, said it was too early to say what position his department would take on the proposed license extension. But he did say if Entergy wins its extension, the state would benefit financially. Under that provision, the state would split evenly on any wholesale power contracts above $60 per megawatt-hour, or 6 cents per kilowatt hour. On the New England market Tuesday, power was selling for more than $100 per megawatt-hour, O'Brien said. The state has generally agreed with Entergy's requests, while trying to extract some economic benefit for Vermont ratepayers. The Department of Public Service supported Entergy's request to increase its power output by 20 percent -- a request still pending at the NRC. This past spring, the Department of Public Service joined Entergy in lobbying the Legislature for permission to store high-level radioactive waste in dry casks at the plant on the banks of the Connecticut River. Entergy's application for dry cask storage is currently under review by the state. Plant officials have said they designed a dry cask storage site that could hold nuclear waste well beyond 2012, when the plant's current license is up. Copyright ©1999-2005 New England Newspapers, Inc., ***************************************************************** 18 Arizona Republic: Problem with Palo Verde cooling system went undetected for years [azcentral.com] By BOB CHRISTIE Associated Press Writer Oct. 13, 2005 04:16 PM A potential problem with the emergency reactor core cooling system at the nation's largest nuclear power plant went undetected since it began producing power in 1986, the Nuclear Regulatory Agency and the plant operator confirmed Thursday. The issue was identified when engineers at the Palo Verde Nuclear Generating Station did an analysis after NRC inspectors raised questions at a detailed inspection early last week. The NRC was following up to see if earlier cooling system problems had been fixed. The review showed the emergency cooling system may not operate as expected to provide water to reactor cores after a small leak in the reactor cooling lines, NRC spokesman Victor Dricks said. The worst-case scenario of an emergency cooling system failure is a meltdown of the reactor core and release of radioactivity into the atmosphere. Plants have so many redundant systems, however, that many other failures would have to occur before that happened, nuclear experts said. The design flaw put the plant outside of it licensing guidelines and operator Arizona Public Service shut down the two operating reactors immediately until a fix is put in place. The third reactor in the complex 50 miles west of Phoenix was already down for maintenance and refueling. There's no estimate for when the plant will come back online. Engineers are looking at reconfiguring the system or writing new manual procedures to get around the problem, plant spokesman Jim McDonald said. They also are rechecking their calculations to see if the system may actually operate as expected. The plant provides electricity for as many as 4 million customers in California, Arizona, Texas and New Mexico served by seven utility companies. The power is cheaper than many other sources, but several power companies say it is unclear if they'll need to raise rates to recoup their losses. The emergency cooling systems in each of the three units are designed to replace water cooling the reactor cores in unusual situations. Earlier this year, the NRC fined the plant operator $50,000 because of another problem in a different part of the same cooling system. In the more recent case, pumps that provide emergency cooling water may not sense that a storage tank is getting low on water and switch to another source, Dricks said. The fact the potential problem took so long to be discovered should prompt the NRC to look at other plants and procedures, said David Lochbaum, a nuclear safety engineer for the Union of Concerned Scientists, a nuclear watchdog group. Lochbaum said the Palo Verde plant has been a "stellar" performer until the past two years, when a series of problems have cropped up. "It's a fairly subtle problem, and it was a good catch by the NRC," Lochbaum said of the current issue. "It just would have been a great catch sooner." --- On the Net: APS: http://www.aps.com Palo Verde nuclear plant at a glance -Location: Wintersburg, Ariz., about 50 miles west of downtown Phoenix. -Design: Uranium-fueled, steam-electric nuclear plant using a pressurized water reactor. -Capacity: 3,812 megawatts from three 1,270 MW units. -Construction: Began in 1976, first unit online in 1986. Third and final unit running in 1988. -Cost: $5.9 billion for construction and startup testing. -Owners: Arizona Public Service, Salt River Project (Arizona), El Paso Electric Co., Southern California Edison, Public Service Co. of New Mexico, Southern California Public Power Authority, Los Angeles Dept. of Water & Power. -Of note: Palo Verde is the nation's largest nuclear plant complex. Source: Salt River Project Copyright © 2005, azcentral.com. All rights reserved. ***************************************************************** 19 Arizona Republic: Palo Verde now is completely off-line [azcentral.com] Max Jarman The Arizona Republic Oct. 13, 2005 12:00 AM The Palo Verde Nuclear Generating Station, 50 miles west of downtown Phoenix, was idle Wednesday after two of its three reactors were shut down because of safety concerns. A third unit at the nation's largest nuclear power plant was taken off-line Oct. 7 for refueling and repairs. It's one of only a few times the plant has been completely off-line during its 20-year history. There is no indication of when it may be back in operation. Palo Verde's three nuclear reactors can produce almost 4,000 megawatts of electricity, enough to light about 2 million homes. Jim McDonald, a spokesman for plant operator Arizona Public Service Co. said that the utility has ample power to serve its customers and added that it is fortunate the problems were discovered now rather than during the summer, when power demand is at its peak. The shutdown almost certainly will boost electricity prices as utilities that count on relatively inexpensive Palo Verde electricity have to purchase replacement power on the open market or run higher-cost natural-gas generators. Indeed, the price of wholesale electricity at the Palo Verde trading hub on the Western power grid jumped 13 percent Wednesday, to $105.73 per megawatt hour. In Arizona, utilities can appeal to regulators to pass those costs along to ratepayers. It's the latest in a string of outages at Palo Verde this year that have drawn regulatory concerns about the safety of the plant and the potential cost of the shutdowns to ratepayers. APS shut down the plant's two operating reactors late Tuesday after it was unable to demonstrate to regulators that a key safety system would perform as designed. The problem, which involves an emergency system that cools the plant's nuclear reactors after an accident, also affects the third unit being refueled. "It's not that the system wouldn't operate, it's that we couldn't prove that it would," McDonald said. Given the situation, conditions of APS's operating permit required the units be shut down. "There was no question they were going down," he said. McDonald was unable to say when the two units would be restarted. A restart would have to be cleared by the Nuclear Regulatory Commission, and the safety issue would first have to be resolved. McDonald said the company is exploring several options that could bring the units back on-line. The unit down for refueling will be out for 10 to 12 weeks, he said. While the accident the system is designed to mitigate has a low probability of happening, NRC spokesman Victor Dricks said its malfunction carries the potential for a significant safety problem. The NRC stepped up supervision of Palo Verde earlier this year because of another problem with the plant's emergency reactor cooling system. That resulted in a $50,000 fine. While the agency has concerns about the operation of the plant, the NRC does not believe it is being operated unsafely. "We have full confidence that APS can operate safely," Dricks said. State regulators have other concerns. Arizona Corporation Commission members are worried that ratepayers will be burdened with the cost of the outages. APS is allowed to recover the cost of buying or generating electricity through a fuel adjuster, and SRP, although not regulated by the commission, has a similar mechanism. Arizona Public Service Co., which owns 29.5 percent of the plant, said earlier that it would try to recover from ratepayers $30 million in extra costs it incurred during previous outages. McDonald said the utility would likely also seek to recover expenses resulting from the recent shutdown. With natural gas selling at record high prices because of shortages caused by recent hurricanes, the cost of the outage could be substantial. Stephen Conant, an analyst at Energy Security Analysis Inc. in Wakefield, Mass., said that the current price of natural gas used to fuel most power plants is unprecedented. "All of a sudden, these Palo Verde outages are becoming extremely expensive for ratepayers," Corporation Commissioner Kris Mayes said. She said the commission would scrutinize requests to recover additional costs and that she may ask APS to come before the panel to answer questions about the recent outages. Salt River Project, which owns 17.5 percent of the plant, estimates that Palo Verde shutdowns from March to August cost the utility an additional $19.5 million. SRP spokesman Scott Harelson said the costs have not been passed on to consumers and are not part of a general 3.7 percent rate increase that takes effect next month. Bloomberg contributed to this article. Copyright © 2005, azcentral.com. All rights reserved. ***************************************************************** 20 NRC: NRC Announces Reappointment of Commissioner Edward McGaffigan, Jr News Release - 2005-14 U.S. NUCLEAR REGULATORY COMMISSION Office of Public Affairs Telephone: 301/415-8200 Washington, DC 20555-0001 E-mail: opa@nrc.gov No. 05-140 October 13, 2005 Commission yesterday by Chairman Nils. J. Diaz. His reappointment by President Bush and confirmation by the Senate brings the NRC to its full complement of five commissioners. McGaffigans first term began Aug. 28, 1996. He was renominated by President Clinton and confirmed by the Senate in May 2000, and served an additional five years. His current term will expire in June 2010. Prior to his appointment to the Commission, from February 1983 to August 1996, he served as a legislative assistant, then legislative director, and finally senior policy advisor to Senator Jeff Bingaman (D-NM). McGaffigan supported the Senator's work on defense policy, technology policy, personnel and acquisition reform, and nonproliferation and export control policy. McGaffigan was a member of the Foreign Service from May 1976 to February 1983. From 1981 to1983 he served as a senior policy analyst and then assistant director in the White House Office of Science and Technology Policy, where he oversaw international scientific cooperation and export control matters. During much of this time, he held a dual appointment on the staff of the National Security Council. Previously, Mr. McGaffigan carried out various assignments within the State Department dealing with U.S.-Soviet relations and politico-military issues. He was stationed as a science attache in the U.S. Embassy in Moscow from July 1978 to April 1980, where he reported on Soviet energy and atomic energy developments and managed bilateral science cooperation in those and other areas. Prior to joining the Foreign Service, McGaffigan worked on evaluating Japanese science and technology at the RAND Corporation in 1974 , and on strategic arms control issues at the Arms Control and Disarmament Agency in 1975. McGaffigan holds a bachelor's degree in physics from Harvard University. He also holds master's degrees in physics from California Institute of Technology and public policy from Harvard's Kennedy School of Government. Last revised Thursday, October 13, 2005 ***************************************************************** 21 Tallahassee Democrat: Governor advocates nuclear power 10/13/2005 | Clean-coal plants also get his OK THE ASSOCIATED PRESS Gov. Jeb Bush said Wednesday that Florida needs more nuclear power and clean-coal energy and that state government should consider storing gasoline because of its vulnerability to hurricanes. Bush said the series of hurricanes over the past 14 months highlights the state's vulnerability on property insurance and energy. "It also means that we have to recognize that we have to conserve a lot more than we have been," Bush said in a Rotary Club speech. "And it means recognizing that all of the new capacity in a fast-growing state can't be natural gas." Bush said if Florida does not take action to increase energy supplies and curb consumption, it will have a serious impact on economic development because new businesses won't want to locate here. "My hope is that we will have a gasoline pipeline that would provide more security as it relates to getting gasoline," he said. "It may be that the state and local governments are going to have to get into the storage of diesel fuel so that we can guarantee supplies for first responders across the state." Bush said a property-insurance crisis is looming not only for Florida but for the whole country, noting it's time to begin discussion of a national catastrophic fund that could be tapped for massive losses from disasters like Hurricane Katrina. "A fund that would allow for money to grow tax-free, providing a national pool for catastrophic losses," Bush said. ***************************************************************** 22 Buenos Aires Herald: Reacting to reactors Friday, October 14, 2005 HERALD STAFF The media buzz over the request of Venezuelan President Hugo Chávez for an Argentine nuclear reactor is probably the last thing the government wanted just three weeks before hosting the Americas Summit in Mar del Plata, especially with the spotlight on the potential clash between Chávez and United States President George W. Bush. The position of the United States is not so much outright rejection as to insist that such a transaction cannot be a simple bilateral decision but must respect the Nuclear Non-Proliferation Treaty and other international conventions (the point seems timely enough the week after the International Atomic Energy Agency won the Nobel Peace Prize in Vienna). The comment of Foreign Minister Rafael Bielsa (once he had managed to deflect his attention from the tight City electoral race and his participation in Tuesday morning’s debate) assured respect for international treaties but between the lines Argentina seems to be asking if there are not double standards if the sale of an Argentine reactor to Lucas Heights in Australia for nuclear medicine could find international acceptance while there are objections to a sale to Venezuela for the same purpose (and also oil-drilling in the Orinoco). Yet the US response to the Venezuelan insistence that the reactor is for peaceful purposes only would probably be: "That’s what they all say." As on so many fronts, Chávez could prove to be a paper tiger here yet again even though his oil windfalls make him always dangerous. Argentina probably lacks the technology to give him the reactor he wants and even more the capital, thus making the transaction necessarily multilateral rather than bilateral and lessening US anxieties. Yet the combination of Venezuelan oil wealth and the rogue scientists at large in the world make Washington understandably apprehensive. A nuclear reactor is such a long-term project that there is absolutely no need for it to be a summit problem unless President Néstor Kirchner wants it to be. Perhaps he does — perhaps the idea is to engage in some pre-electoral posturing with Chávez against the unloved Bush (not least to gain some progressive City votes for Bielsa at the expense of frontrunner Elisa Carrió), only to climb down hastily between the last week of October and the start of November in order to avoid problems at the summit. But Kirchner would probably be wiser to start defusing the issue now before he finds himself playing with fire or worse. © Copyright 2000 - 2005 © S.A. The Buenos Aires Herald Ltd. All rights reserved Política de Privacidad ***************************************************************** 23 Bangor Daily News: Maine Yankee Lessons - Bangornews.com Staff Information about the rising costs of energy and how we as Mainer's must deal with this issue">New Blog: Focus on Energy
Thursday, October 13, 2005 - With high fuel prices and fears about shortages of natural gas, coupled with concerns over greenhouse gas emissions from coal-fired plants, nuclear power is again being discussed as a source of electricity. The Maine Yankee plant, where decommissioning was certified as complete by the federal government last week, can offer important lessons as the nuclear industry, for the first time in years, seriously considers building new reactors in the United States. One lesson is that the federal government must fulfill its commitment to open a repository for nuclear waste. A second is to be transparent to the public. Opened in 1972, Maine Yankee was licensed to operate until 2008. In 1994, cracks were discovered in steam generator tubes in the Wiscasset plant. The facility was shut down for a year while the cracks were repaired. After more problems and an appearance on the Nuclear Regulatory Commission's list of the worst-run power plants, the Maine Yankee board decided in 1997 to close the facility. The decommissioning of the plant was given final approval by the NRC last week. That releases most of the land for redevelopment but not 12 acres where radioactive fuel rods are stored. The rods must be stored on-site because the federal government has yet to open a repository for nuclear waste although the country's electricity customers have paid billions of dollars for such a facility. A repository was supposed to be open by 1998. Plagued by legal challenges and technical problems, a storage facility at Yucca Mountain, Nevada, which was picked by Congress in 2002 as the place to bury 77,000 tons of radioactive material, is projected to open in 2012. In the meantime, the country's most radioactive nuclear waste will remain stored at sites in 39 states, including the waterfront parcel in Wiscasset, which would be better suited to development or a park rather than an off-limits waste dump. With nuclear waste disposal moving at such a slow place, it may be time to reconsider a ban on reprocessing nuclear waste, something that is routinely done in Europe and Japan. A second lesson from Maine Yankee is that sharing as much information as possible with the public makes for better operations and less fear among nearby residents. Maine Yankee established a community advisory panel (CAP) before beginning its decommissioning. The panel, which included local scientists, government and business representatives and an outspoken opponent of the plant, helped keep local residents informed. A major benefit of the CAP, according to a company hired to evaluate the Maine Yankee decommissioning process, was that senior plant managers routinely made presentations before the public and were expected to answer questions in a manner understandable to lay members of the public. Having such a committee in place when a plant was operational would go along way toward easing public fears about nuclear power. The United States needs sources of electricity other than high-priced oil, limited natural gas and highly polluting coal. Solar and wind may help, but nuclear energy is the only existing source for large quantities of electricity. Waste and safety hurdles must be cleared before the nuclear power industry grows. Bangornews.com Staff feedback@bangordailynews.net Bangor Daily News PO Box 1329 491 Main Street Bangor, ME 04401 Switchboard: In-State Long Distance 1-800-432-7964 or 207-990-8000 ©2005 All rights reserved. ***************************************************************** 24 Boston Globe: NRC sets conditions for Vermont Yankee power increase - Boston.com Associated Press By David Gram, Associated Press Writer | October 13, 2005 MONTPELIER, Vt. --The Nuclear Regulatory Commission has set a series of conditions the owners of the Vermont Yankee plant must meet before they are allowed to run the reactor harder and get more power from it. In a letter dated Wednesday, the NRC's director of the reactor regulation, J.E. Dyer, wrote to Vermont Yankee owner Entergy Nuclear that it had to accept the conditions by Monday if it wanted the agency's review to continue on its proposal to increase its power output by 20 percent, to 650 megawatts. "They've (the NRC) just determined that, `Entergy, you have to commit to these things in order to go on to the next step,'" said William Sherman, nuclear engineer with the state Department of Public Service. Sherman said the state was "pretty happy," that the NRC appeared to be close to finishing its nearly two-year review of Vermont Yankee's request to boost power, adding that he believed that the agency's review had been thorough. The NRC said it expected its staff to issue a draft report, called a safety evaluation, on Vermont Yankee's request by next Friday, Oct. 21. A staff recommendation would go to an agency panel called the Advisory Committee on Reactor Safeguards for its review. The NRC said that panel would come to Vermont for two days in mid-November and conduct at least part of its deliberations as an open process that would allow for comments from the public. A final ruling from the NRC likely would come in late winter, Sherman said. Vermont Yankee spokesman Larry Smith said the plant was reviewing the NRC's letter and would withhold comment for now. "We're pleased that the NRC process is moving forward," Smith said. "We're reviewing the letter from the NRC and we will provide our comments to them on Monday." The NRC letter made clear that Monday would not be so much a time for comment as to say a simple yes or no to the conditions it had set. It said it wanted a supplement to Entergy's application for the power boost "accepting the license conditions and regulatory commitment proposed in the enclosure to this letter. It should be noted, however, that your acceptance does not constitute completion of the staff's review of the ... application." The main condition -- which took up three of four pages in an attachment to Dyer's letter, concerned an issue that has dogged Vermont Yankee since it applied for what industry and regulators call an "extended power uprate" more than two years ago. About the same time that Vermont Yankee owner Entergy Nuclear made the proposal, other nuclear plants that had boosted their power output were developing cracks in their steam dryers. The steam dryer is equipment at the top of the reactor designed to remove moisture from the steam made in the reactor before it goes to the plant's turbines, which could be damaged by too-wet steam. The NRC laid out a detailed series of steam dryer stress gauge readings Vermont Yankee must take and provide to the NRC as it gradually increases the plant's power output. As it reaches 105 percent, 110 percent, and 115 percent of its current power output, plant personnel were directed to take stress gauge readings and relay them to the NRC. It said the plant "shall not increase power above each hold point until 96 hours after the NRC project manager confirms receipt of the (data)." If the gauges show readings above agreed-upon levels, the power increase must halt, the NRC said. "Entergy Nuclear Operations, Inc. shall resolve the uncertainties in the steam dryer analysis, document the continued structural integrity of the steam dryer, and provide that documentation to the NRC staff by facsimile or electronic transmission to the NRC project manager prior to further increases in reactor power." A second condition requires testing to determine that the reactor can respond adequately if certain plant components fail. NRC spokesman Neil Sheehan said the agency's "staff has reached the point where the only way they can feel completely comfortable supporting this application is by imposing these" conditions.[ /] © Copyright 2005 Associated Press. All rights reserved. This ***************************************************************** 25 OA Online: Andrews eyes nuclear test reactor Thursday, 13 October 2005 American Online c /o Odessa American 222 E. 4th Street P.O. Box 2952 Odessa, TX 79760 UTPB, General Atomics, Andrews officials discuss building next-generation plant By David J. Lee UTPB and General Atomics are looking at a new type of nuclear technology — one that could fuel both electricity and transportation — and they’d like to put a reactor here in West Texas. University of Texas of the Permian Basin President David Watts said San Diego-based General Atomics has developed the nuclear program based on technology used overseas. “It uses technology that has been adopted in China, Japan and is under consideration for adoption in South Africa,” Watts said. “The point is that the technology is inherently safe. It is a new development in nuclear reactor technology.” While still only in the discussion stage, Watts said UTPB and General Atomics would like to develop a Very High Temperature Test Nuclear Reactor. “Since this technology has not been used anywhere in the United States, we believe that the opportunity is ripe for the design and construction of this Very High Temperature Test Reactor,” Watts said. “We hope it will be sited in Andrews County.” Andrews City Manager Glen Hackler said it doesn’t appear the city or county is averse to that. On Tuesday, UTPB officials presented the idea of the reactor, as well as the possibility of putting it in Andrews, to the city, county, economic development board and industrial base of the West Texas community. “After the meeting, I milled around with quite a few of the people there, and the reaction I got was constantly favorable of people from Andrews,” Hackler said. “I think it’s got a real appeal from a conceptual standpoint.” The concept of the Very High Temperature Test Nuclear Reactor is one that could provide both electric energy and hydrogen fuel. The reactor process also creates the sulfur-iodine technology for hydrogen production. “This technology, because of the high heat it generates, promises to bring a variety of new economically powerful applications here, such as production of cheap hydrogen,” Watts said. “This technology may be the answer to the question of how do you have a cheap and reliable source of hydrogen for a hydrogen-based economy.” Even more, the technology — which has been tested in Asian countries — is inherently safe, Watts said. “There is no risk of any kind of nuclear meltdown,” he said. “It is a new technology, presently unlike anything used in the United States for nuclear reactors.” In a letter General Atomics Senior Vice President David Baldwin wrote to Watts, Baldwin said a concept design, which is needed to apply for grants, would cost about $3 million. The money would be raised through grants and outside donations, he said. The cost of the reactor would run about $100 million. “It is anticipated that, once these facilities are built, they would be operated by UTPB and/or its designees,” Baldwin wrote. “The research faculty at UTPB will use this facility to not only support the development of the (Next Generation Nuclear Plant) but also energy research in cooperation with other national and international organizations.” Dr. James “Jim” Wright, project director for the nuclear proposal, said a test plant in Andrews would pave the way for a full-scale Next Generation Nuclear Plant elsewhere. “The Very High Temperature Test Reactor to be built by UTPB and General Atomics, we believe it is a logical technology stepping stone to the Very High Temperature Reactor,” Wright said. “It will be used to (a) test and verify many of the required technologies, and (b) refine the nuclear fuel cycle, before they are tried in the much more expensive Next Generation Nuclear Plant.” Meanwhile, Watts and Hackler both said the possibility of a project is a long way off — Tuesday’s meeting was solely an informational talk to get community reaction of the idea. “They’re talking about trying a feasibility study in a year,” Hackler said. “If that’s successful and there’s a general receptiveness in our community, the timeline for the reactor is five or six years.” Watts said the university has long been interested in finding alternative energy sources, which led to its relationship with General Atomics. “UTPB has been involved in energy research for some time and began to explore the nuclear area and formed a partnership with General Atomics, which has developed the technology we’re interested in seeing applied in a test nuclear reactor,” Watts said. Hackler said Andrews officials were impressed with the presentation Tuesday. “For Andrews, having the UT system involved gives it great credibility,” Hackler said. “General Atomics and their 50-year history in nuclear technology and the nuclear research field gives it great credibility.” Watts said Andrews seemed like a logical choice. “We believe that the city and county of Andrews — which has had a substantial discussion over decades regarding the operation of nuclear faculties such as Water Control Systems and Louisiana Exploration Services, directly adjacent to Waste Control Systems — would consider allowing this project to be sited in their county,” Watts said. Hackler said he would hope a test reactor would actually eliminate some of the stigma Andrews has gotten with the nuclear waste sites. “We get the stigma that goes with being a nuclear waste landfill site or waste disposal site,” he said. “It’d be nice to have the prestige that comes with a major research-development, world-class facility for nuclear energy right here in the Permian Basin in our county.” ***************************************************************** 26 Fort St. John: Fort St. John Ont. to spend over $2B on reactors canada.com network Steve Erwin Canadian Press October 13, 2005 TORONTO -- Two Ontario nuclear power units that have been idle since the mid-1990s will be refurbished now that the province has given final approval, sources said Thursday. The Ontario government will announce next week it has approved a deal to restart Units 1 and 2 of the Bruce generation station near Kincardine off Lake Huron in southwestern Ontario, sources told The Canadian Press. It will cost Bruce Power, which runs the station, "well more" than $2 billion for the restart, one source said. A tentative deal between the two sides on the restart was reached in March. Final cabinet approval was delayed, however, as the province and Bruce Power worked out how much Bruce will be paid for the power the units produce following the refurbishment. Bruce Power spokesman Steve Cannon said the public "will be properly notified" when a final deal is approved. And Donna Cansfield, who replaced Dwight Duncan this week as energy minister in an abrupt cabinet shuffle, said "due diligence" and legal wording of the Bruce deal is still being worked out. But sources insist an announcement is imminent. Their restoration would return 1,500 megawatts of electricity to Ontario's power grid -- enough to meet the annual needs of one million homes. However, any refurbishment of the two units at Bruce station, which has six other units currently in operation, would take several years to complete at a time when debates are raging about Ontario's future energy supply. New Democrat Leader Howard Hampton slammed the plan to invest in "more expensive" nuclear power, which already supplies 45 per cent of Ontario's energy, noting past cost overruns of refurbishments. "The reason we have a $20-billion debt in our nuclear system is because of cost overruns at our nuclear plants," he told reporters. "I think before the province goes down the nuclear road, again, there needs to be a full debate across the province." Conservative Leader John Tory said he's in favour of the refurbishment but is concerned the contract with Bruce will force taxpayers to eventually foot the bill for the upgrade through whatever rates Bruce signs with the province. "I would want to see the deal that has been done between Bruce and the taxpayers of Ontario before I said yes to that particular deal," Tory said. Premier Dalton McGuinty said his government is working to address potential energy shortages. He slammed previous governments for not making earlier investments. "We are up against it when it comes to ensuring sufficient supply ... it would have been nice had this work begun some 10 or 15 years ago," McGuinty told the legislature. The province has to replace, renew or refurbish some 25,000 megawatts of supply in the next 15 years. The government says it has advanced projects to provide another 9,000 megawatts over the next five years. Critics say that won't be enough to replace closed coal units, and that nuclear reactors take years to come online. McGuinty has said he'll look to build more nuclear reactors should the Ontario Power Authority recommend that approach in a Dec. 1 report. Greenpeace is concerned there hasn't been enough public nuclear debate and plans to stage a protest Friday in front of the Ontario legislature. Dwight Duncan, the province's energy minister before he was appointed finance minister this week, said in March that restarting the two idle Bruce units would replace about 20 per cent of the province's coal-fired generation. The government wants to close all of its coal-fired plants by 2009. © Canadian Press 2005 Copyright © CanWest Interactive, a division of CanWest MediaWorks Publications Inc.All rights reserved. ***************************************************************** 27 St. Petersburg Times: There's no reason nuclear power should cause concern Opinion Letters to the Editor Published October 13, 2005 Re: Drilling and nukes stir nary a worry, by Robert Trigaux, Oct. 10. I enjoyed Robert Trigaux's column because it brought forward a fact that has been lost for several decades. Specifically, the reason that there is no uproar over the idea of nuclear power is that there shouldn't be any. The risks of nuclear power have been shown to be overstated and, thus, unwarranted. For the last several decades, the domestic nuclear power plants in the United States have run safely; the Navy has run hundreds of them safely for 50 years; the French have now got nearly three-fourths of their power needs from nuclear energy and - voila! - no one is glowing in the dark! The antinuclear nut cakes have lost the battle to facts that were there all the time. The sad part is that as a nation the United States is three decades behind where it should be. The idea that we need 12 miles around a nuclear power plant for safety reasons is silly. The Navy has crews in submarines living as close to a nuclear reactor as is humanly possible. There are no problems with nuclear radiation. An even more ironic twist to these notions is the fact that nuclear power is being touted now as a solution to another technical nonfact called global warming. Who knows, we may stumble onto the idea that we should avail ourselves of this cheap, clean, safe and plentiful source of power. Is this a great country or what? -- John J. Christman, Parrish Don't look to nukes for power Re: Second nuclear plant in the works, Oct. 4. Nuclear power is the most expensive way to generate electricity and more of the cost is shifting from the utilities to us taxpayers. The article states that "the Energy Department [read taxpayers] offered in some cases to pay up to half the cost of applying for the required license, which can run into hundreds of millions of dollars." The government [taxpayers] is already paying for the storing of the contaminated materials plus the cost of decommissioning the old nuclear plants. The money proposed for this plant should be spent to install solar panels systems on all Florida roofs so that the three existing nuclear plants could be shut down. Any new power plant should be coal fired and be designed for easy conversion to burn hydrogen gas. The 2004 Department of Energy report said that wind turbines are the best way to generate hydrogen. The August issue of National Geographic describes a commercial five megawatt wind turbine. The government [taxpayers] should aggressively install wind turbines and solar systems. All that is needed is for us to provide the political demand. -- David Nicholson, Sun City Center Why worry about the rich? © 2005 • All Rights Reserved • St. Petersburg Times 490 First Avenue South • St. Petersburg, FL 33701 • 727-893-8111 ***************************************************************** 28 Desoto Sun Herald: When I say Nuclear, you say what? 10/13/05 /www.sun-herald.com Bob Bowden column Let's start with word association. When I say "nuclear," what do you say? How many of you said, "Power plant, the source of electrical energy we must turn to as fossil-fuel supplies decline and burning oil, natural gas or coal products becomes prohibitively expensive"? Okay. How of many of you said, "Bomb"? Just as I thought. Nuclear power has an image problem. Progress Energy Florida is going to have to clear more than a few hurdles to build a planned nuclear power plant somewhere in Central Florida. So far, four counties remain in the running: Polk, Seminole, Osceola and Highlands. If all the permits (and there are many) can be obtained in a timely fashion, the plant could be serving electricity to vast areas of the state a decade from now, according to Progress chief executive Bill Habermeyer. Progress already operates the nuclear generating plant at Crystal River in Citrus County, opened in 1977. If this one is built, it would be the first since Florida Power & Light opened a second reactor at its St. Lucie nuclear complex near Fort Pierce in 1983. There's a third nuclear power plant at Turkey Point and these three facilities now produce 15 percent of Florida's electricity. The problem for Progress is the perception that a nuclear power plant is a terrorist target ripe for bombing. The problem is also a history that includes Three Mile Island and Chernobyl. No matter that nuclear plants are safer than other types, all things considered. This might be a tough sale. But it shouldn't be. The quicker our country can free itself from dependency on foreign oil from unstable nations, the better. Our own oil peak passed in the early 1970s. Since then, the Middle East with all its volatile problems, and Venezuela with its problems, have fed our oil appetite. At this time, burning fossil fuels remains a viable way to produce the energy our country demands. But oil hits its global peak this Thanksgiving, after which demand will forever exceed supply. Expect sporadic shortages and escalating prices. We need to prepare now for a future without cheap oil. Nuclear power (and some limited use of solar power) is the only answer experts offer us as an oil alternative. And if we don't start building needed facilities now, we'll face a crisis where there literally isn't enough oil to produce the energy to build the alternative energy plants. Progress gets an "A" for its proposal. Now, let's see how the company handles those who will say that we're all going to glow in the dark, that the environment will be doomed, that cancers will explode in 20 years, and that we might as well paint a bull's-eye for Bin Laden on the ground. And let's hear what alternatives the "not in my back yard" folks propose as the clock ticks the end time of cheap oil. 0>© 2005 All rights reserved. ***************************************************************** 29 reviewjournal.com: Nevada site, other facilities lagging in security update Oct. 13, 2005 DOE inspector general criticizes nuclear weapons storage areas By STEVE TETREAULT
STEPHENS WASHINGTON BUREAU WASHINGTON -- The Department of Energy has fallen behind schedule to upgrade security at nuclear weapons sites, according to inspections at the Nevada Test Site and other properties outlined in a report issued Wednesday. The test site had not completed all the upgrades scheduled for 2004 and for this year, such as new building designs to reduce potential vulnerabilities and train guards, and the hiring of additional guards, DOE inspector general auditors said. In the meantime, the Nevada installation has increased its use of overtime by 39 percent to meet new requirements for an expanded guard force, according to the audit. An earlier report raised questions about "excessive overtime" by DOE guards. Inspectors said they found similar conditions at other weapons sites run by the National Nuclear Security Administration, the DOE branch that manages the nuclear weapons complex. Managers at the sites had suspended or reduced guard training and performance testing to ensure that personnel were available for mission duties, auditors said. "It is critical that sites maintain momentum toward meeting the ... requirements in order to protect national security assets and operations," the 18-page report concluded. As a result of delays, it said, the sites will have to implement, in one year, about 87 percent of the security plans to meet a schedule milestone of next October. The complex is being given a growing role to safeguard nuclear materials transferred from weapons laboratories elsewhere. Previous reports had described security lapses at the Nevada installation. An inspector general audit in February reported on two employees who brought unauthorized handguns onto the site. Earlier, Energy Department officials acknowledged that security guards had performed poorly during a mock terrorist attack in August 2004. The department is weighing a contract extension for longtime test site security contractor Wackenhut Services Inc. Inspectors also visited the Sandia National Laboratories in New Mexico, the Pantex Plant in Texas and the Y-12 National Security Complex in Tennessee between August 2004 and August 2005. The Office of Secure Transportation, which oversees nuclear materials shipping and has an operations center in Albuquerque, N.M., also was audited. Glenn Podonsky, director of the DOE Office of Security and Safety Performance Assurance, agreed in a letter to Inspector General Gregory Friedman that progress was "slower than expected." Another DOE official, Michael Kane, said the delays occurred because the security upgrade blueprints were not completed in time to be included in the department's budgets for 2004 and 2005. In the aftermath of the Sept. 11, 2001, terrorist attacks, the Department of Energy updated its "design basis threat" requirements to defend sites where nuclear materials are stored, including the test site. Security directors were told to incorporate new technologies into their operations, such as thermal imaging, laser detection, Doppler radar and remote sensing equipment. Moves to install those items have been delayed, auditors said. Copyright © Las Vegas Review-Journal, 1997 - 2005 Stephens Media GroupPrivacy Statement ***************************************************************** 30 [NYTr] Quake: Pakistan Nuclear Site "Undamaged" Date: Thu, 13 Oct 2005 11:13:21 -0500 (CDT) Via NY Transfer News Collective * All the News that Doesn't Fit [The question no one in the mainstream press bothered to ask... Of course, we're told, there's "No Danger."] The Irish Times - Oct 12, 2005 http://www.ireland.com/newspaper/world/2005/1012/2578259245FR12NUCLEARPLANT.html Fears over nuclear arms site close to epicentre by Rahul Bedi in New Delhi PAKISTAN: Pakistan yesterday said its main nuclear weapons facility at Kahuta, only 74kms from the epicentre of the weekend earthquake that devastated northern Kashmir, was undamaged. "There is no danger to our nuclear installations and weapons from earthquakes," Pakistan's military spokesman, Maj Gen Shaukat Sultan, said. However, Maj Gen Sultan was unable to confirm if the Khan Research Laboratories at Kahuta, adjoining the capital, Islamabad, could withstand the strongest earthquakes. Khan Research Laboratories is Pakistan's main nuclear weapons facility and an emerging development centre for strategic long-range missiles. Pakistan's primary nuclear fission production facility is also in Kahuta, employing gas centrifuge enrichment technology to produce highly enriched uranium. Kahuta is not operated under International Atomic Energy Agency safeguards but successive Pakistani governments have promised that the classified and well-guarded facility is secure. However, nuclear expert Pervez Hoodbhoy, professor of physics at Islamabad's Quaid-i-Azam University, said an earthquake could pose a threat to Pakistan's nuclear facilities. Prof Hoodbhoy, an ardent anti-nuclear weapons activist, said that Chasma, the Chinese-built nuclear facility around 400kms southwest of Islamabad, could prove "dangerous" in the event of a severe earthquake. "Chashma is in a seismic zone and if an earthquake is centred close to it there could be loss of radioactive material leading to a Chernobyl-like situation," Prof Hoodbhoy warned. According to the US Geological Survey the exact location of the epicentre of the earthquake that measured 7.6 on the Richter scale was between longitude 34.40 degrees north and latitude 73.56 degrees east. Kahuta's co-ordinates are 33.35 degrees north and 75.22 degrees east, raising the distinct possibility of it being in the earthquake's "first impact zone," experts said. "Kahuta's safety is a matter of concern," a senior Indian military official and nuclear analyst who declined to be identified said. Further clarifications are needed to ensure it has escaped damage, he added. Indian government officials, meanwhile, declined to comment on the status of their own nuclear arsenal, but official sources said no strategic weapons had been deployed anywhere near the border with Pakistan. India's Nuclear Power Corporation said it had "not received any reports of any damage" to any of its facilities. Some of India's power plants withstood a giant earthquake in western Gujarat state, including some atomic facilities, in the affected province in January 2001, the corporation said. Pakistan conducted six underground nuclear weapons tests in May 1998, a fortnight after neighbouring rival India had conducted five. A year later both countries were engaged in bitter border clashes in the hotly disputed Kashmir region, which is claimed by both sides, that lasted 11 weeks. A "nuclear shadow" hung over the skirmish in which 1,200 soldiers died. In 2002 the two countries once again came close to the brink of war, during which both sides rattled the "nuclear sabre," leading most foreigners, including diplomats and businessmen, to leave Delhi and Islamabad. ) The Irish Times * ================================================================ .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 ================================================================ ***************************************************************** 31 NRC: Notice of Availability of Environmental Assessment and Finding FR Doc E5-5597 [Federal Register: October 13, 2005 (Volume 70, Number 197)] [Notices] [Page 59779-59780] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr13oc05-135] of No Significant Impact for License Amendment for Purdue Pharma, L.P.'s Facility in Cranbury, NJ AGENCY: Nuclear Regulatory Commission. ACTION: Notice of availability. FOR FURTHER INFORMATION CONTACT: Betsy Ullrich, Commercial and R Branch, Division of Nuclear Materials Safety, Region I, 475 Allendale Road, King of Prussia, Pennsylvania 19406, telephone (610) 337-5040, fax (610) 337-5269; or by e-mail: exu@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction The Nuclear Regulatory Commission (NRC) is considering issuing a license amendment to Purdue Pharma, L.P. for Materials License No. 29- 30698-01, to authorize release of its facility in Edgewater, New Jersey, for unrestricted use. NRC has prepared an Environmental Assessment (EA) in support of this action in accordance with the requirements of 10 CFR part 51. Based on the EA, the NRC has concluded that a Finding of No Significant Impact (FONSI) is appropriate. II. EA Summary The purpose of the proposed action is to authorize the release of two sections of the licensee's Cranbury, New Jersey, facility for unrestricted use. Purdue Pharma, L.P. was authorized by NRC from 2002 to use radioactive materials for research and development purposes at the site. On April 21, 2005, Purdue Pharma, L.P. requested that NRC release two sections of the facility for unrestricted use. Purdue Pharma, L.P. has conducted surveys of the two sections of the facility and provided information to the NRC to demonstrate that the site meets the license termination criteria in subpart E of 10 CFR part 20 for unrestricted use. The NRC staff has prepared an EA in support of the license amendment. The two sections of the facility were remediated and surveyed prior to the licensee requesting the license amendment. The NRC staff has reviewed the information and final status survey submitted by Purdue Pharma, L.P. Based on its review, the staff has determined that there are no additional remediation activities [[Page 59780]] necessary to complete the proposed action. Therefore, the staff considered the impact of the residual radioactivity at the facility and concluded that since the residual radioactivity meets the requirements in subpart E of 10 CFR part 20, a Finding of No Significant Impact is appropriate. III. Finding of No Significant Impact The staff has prepared the EA (summarized above) in support of the license amendment to terminate the license and release the facility for unrestricted use. The NRC staff has evaluated Purdue Pharma, L.P.'s request and the results of the surveys and has concluded that the completed action complies with the criteria in Subpart E of 10 CFR part 20. The staff has found that the radiological environmental impacts from the action are bounded by the impacts evaluated by NUREG-1496, Volumes 1-3, ``Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC- Licensed Facilities'' (ML042310492, ML042320379, and ML042330385). Additionally, no non-radiological or cumulative impacts were identified. On the basis of the EA, the NRC has concluded that the environmental impacts from the action are expected to be insignificant and has determined not to prepare an environmental impact statement for the action. IV. Further Information Documents related to this action, including the application for the license amendment and supporting documentation, are available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this site, you can access the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. The ADAMS accession numbers for the documents related to this Notice are: Environmental Assessment Related to an Amendment of U.S. Nuclear Regulatory Commission Materials License No. 29-30698-01, Issued to Purdue Pharma, L.P. (ML052780150), the Purdue Pharma, L.P. letter dated April 21, 2005 (ML052590192) and the Purdue Pharma, L.P. letter dated June 30, 2005 (ML052590186). Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at (800) 397- 4209 or (301) 415-4737, or by e-mail to pdr@nrc.gov. Documents related to operations conducted under this license not specifically referenced in this Notice may not be electronically available and/or may not be publicly available. Persons who have an interest in reviewing these documents should submit a request to NRC under the Freedom of Information Act (FOIA). Instructions for submitting a FOIA request can be found on the NRC's Web site at http://www.nrc.gov/reading-rm/foia/foia-privacy.html . Dated at King of Prussia, Pennsylvania, this 5th of October, 2005. For the Nuclear Regulatory Commission. James P. Dwyer, Chief, Commercial and R Branch, Division of Nuclear Materials Safety, Region I. [FR Doc. E5-5597 Filed 10-12-05; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 32 Deccan Herald: How iodised is your lifestyle? Iodine is more important than we think, forming the regulatory hormones for metabolism and brain functioning, say Dr T K Sabeer and Dr A Bhattacharyya Iodine is grayish-black in colour and is a trace mineral necessary for thyroid gland function and development. The oceans are the most important source of natural iodine. Iodine in the oceans enters the air from sea spray. Once in the air, iodine can enter the soil or land on vegetation. Plants that grow in the soil take it up. Most of the iodine that enters our body comes from the food we eat. The iodine that leaves our body each day is usually replaced by the iodine that we take in. Lobster, milk, mushrooms, nutritional yeast, bread, oysters, canned salmon, salted nuts and seeds, saltwater fish like cod, haddock, and herring, sea salt, seaweed, shrimp and table salt are rich sources of iodine. Iodine is necessary to form thyroid hormones, which regulate the bodys metabolism. It also promotes normal cell function, keeps skin hair and nails healthy and is important for overall growth and development. Iodine is also added to food, such as table salt, to ensure that people have enough iodine in their bodies to assist the formation of essential thyroid hormones. Iodine also helps eliminate toxins. Radioactive iodine is used in the treatment of hyperthyroidism. IDD (Iodine Deficiency Disorder) affects over 740 million people, 13% of the worlds population. IDD preys on poor, pregnant women and preschool children. Until recently, iodine deficiency was the worlds most prevalent cause of brain damage. Today, we are on the verge of eliminating it. As developing nations are making the shift to iodized salt, their rates of iodine deficiency and diseases associated with it are declining. Excessive consumption of cabbage, cauliflower and radish can cause iodine deficiency. These foods contain a substance that reacts with iodine and makes it unsuitable for absorption. The amount of iodine present in the body of an adult is estimated to be about 25 milligrams. Most of it is concentrated in the thyroid gland, where it is stored as thyroglobulin. About 30 percent is removed by the thyroid gland for the synthesis of the thyroid hormone, thyroxine, and the rest is excreted by the kidneys. These hormones play a major role in regulating growth and development of the body, and influence the maturation of the reproductive system. Iodine helps regulate efficient burning of calories and preventing excess calories from being stored as more fat than the body needs. It maintains the energy level of the body and helps keep the skin, teeth, nails and hair strong and healthy. Children are more sensitive to the harmful toxic effects of iodine than adults because their thyroid glands are still growing and its tissues are more easily harmed by radioactive iodine. Babies and children need iodine to form thyroid hormones for growth and health. If they have too much iodine in their bodies, they may develop an enlarged thyroid gland (goiter), which may not produce enough thyroxine for normal growth. Also, serious iodine deficiency during pregnancy may result in stillbirths, abortions and congenital abnormalities such as cretinism, an irreversible form of mental retardation. The mild symptoms of iodine deficiency range from feelings of frustration and anxiety to depression. Physical symptoms of hypothyroidism include dry, scaly skin, constipation, fatigue, unusual weight gain, goiters, impaired thyroid operation, decreased fertility, increased rate of stillbirth, and growth abnormalities. Because iodine cannot be stored for a long while in the body, tiny amounts must be consumed regularly, but food grown in iodine-poor soil will not provide sufficient dietary iodine. Most people, however, are able to meet their iodine requirements by eating seafood, seaweed, iodized salts and plants grown in iodine-rich soil. Toxicity is only caused from excess iodine supplements, not food sources. Irregular heartbeat, confusion, breathing difficulties, swollen neck and black stools may result. Small amounts of radioactive iodine can enter air from nuclear power plants which process uranium and plutonium. Larger amounts have been released to the air from accidents at nuclear power plants and from nuclear bombs. People are almost never exposed to radioactive iodine, unless they work in a place where radioactive iodine is used or if their doctors give it to them. Radioactive iodine is also used in certain medical tests and treatments. IODINE FACT FILE Following are the recommended daily allowances for iodine: * Infants 40-50 micrograms * Children One to three years 70 micrograms Four to six years 90 micrograms Seven to 10 years 120 micrograms 11 + years 150 micrograms * Pregnant women 175 micrograms * Lactating women 200 micrograms * Adult men & women 100-200 micrograms Copyright 2005, The Printers (Mysore) Private Ltd., 75, M.G. Road, Post Box No 5331, Bangalore - 560001 Tel: +91 (80) 25880000 Fax No. +91 (80) 25880523 ***************************************************************** 33 NRC: NRC Advisory Committee on Nuclear Waste to Meet in New York on Oct. 19-20 News Release - 2005-13 U.S. NUCLEAR REGULATORY COMMISSION Office of Public Affairs Telephone: 301/415-8200 Washington, DC 20555-0001 E-mail: opa@nrc.gov No. 05-139 October 13, 2005 Nuclear Waste (ACNW) will meet Oct. 19-20 in Ellicottville, N.Y., to discuss the application of the Commissions final policy statement on decommissioning criteria for the West Valley Demonstration Project, a complex decommissioning site. The ACNW will be briefed by staff members of the NRC and the Department of Energy, as well as from the New York State Energy Research and Development Authority. Other state organizations and local stakeholders may also participate. The committee reports to and advises the Commission on all aspects of nuclear waste management. The public meeting will be held in the Fairway Room at the Inn at Holiday Valley, 6081 Route 219, Holiday Valley Road. The Wednesday meeting will run from 8:30 a.m. to 5:15 p.m. and time has been set aside for comments from the audience. The Thursday meeting will run from 10 a.m. to noon. Oral or written views may be presented by members of the public. Those wishing to make oral statements should notify Sharon Steele, at 301-415-6805. The full agenda is available on http://www.nrc.gov/reading-rm/doc-collections/acnw/agenda/2005/. Last revised Thursday, October 13, 2005 ***************************************************************** 34 Bradenton Herald: Unknown menace | 10/13/2005 | Tallevast plume must be fully defined Just how big is the plume of contamination underneath Tallevast? That has been the big unknown from the start of this pollution scandal as each new phase of testing has expanded the scale of the contamination. From an initial assessment of a few acres on-site of the former American Beryllium Co. plant on Tallevast Road, the known plume has expanded to 50 acres, then 131 acres. And now it appears that even that substantial swath of real estate does not define the extent of the potentially deadly plume that residents of the Tallevast community have lived on for years. Data analyses by the two primary regulatory agencies supervising the pollution cleanup plan say gaps in the test data may have caused the site owner, Lockheed Martin Corp., to miscalculate the breadth and depth of the plume of toxins. The state Department of Environmental Protection reached that conclusion last week, and the federal Environmental Protection Agency confirmed the finding two days later. The bottom line: More tests are needed. This confirms the conclusions last month of an independent scientist commissioned by The Herald to review Lockheed Martin's data and cleanup plan. Wilma Subra, an award-winning expert on pollution sites and their remediation, told The Herald almost a month ago that Lockheed's data falls short of defining the plume and instead raises more questions about how and where the plume is migrating. Her findings gave a chilling picture of the threat, not just to Tallevast but to areas beyond that community's traditional borders, including land owned by Sarasota-Bradenton International Airport. "No, this is not a small plume," Subra told Herald reporter Donna Wright. "It is a dangerous plume. It is very deep in some places and very shallow in other areas, and it is under a residential neighborhood." Most worrisome is Subra's belief that there are multiple sources of the plume, beyond the original disclosure that cracks in settling ponds' concrete liner allowed water contaminated with trichloroethylene to seep into into the soil and, ultimately, the groundwater. She suggests testing at two other potential contamination sources, including one on airport golf course property. Certainly it is premature to be considering a cleanup plan, which Lockheed Martin would like to do to limit its liability. Indeed, if there were more than one pollution source, Lockheed could mitigate its liability, demanding that other present or former landowners in the area be brought into the picture. The new doubts about the plume's dimensions also renew the question of relocating Tallevast residents whose properties are affected. Subra suggests that tests of toxic vapors rising from contaminated soil were invalid because when the tests were taken, residents' wells had been shut down to protect their health and pumping affects movement of the plume. New tests with water systems turned on in affected homes could produce higher vapor readings, Subra contends. At least two elected officials have publicly called for relocating the residents. County Commissioner Amy Stein and state Rep. Bill Galvano have both urged the relocation of the Tallevast community, some 238 people by one estimate. But obviously with the plume's extent and possible additional sources of it still up in the air, a mass relocation would be premature. More extensive test wells, especially in suspect areas dismissed by Lockheed in the northwest section of the community, must be drilled. Subra suggests a "picket fence" of wells 25 to 50 feet apart is needed to accurately define the plume. We understand that Lockheed is not responsible for causing the contamination. But it is responsible for remedying it. That will be costly, but it can't be shortchanged. The area will never have value unless the entire contaminated area is defined and cleaned up. Most importantly, the focus of this effort must stay on protecting human health, not trying to limit corporate liability. ***************************************************************** 35 Bradenton Herald: Lockheed challenges case venue | 10/13/2005 | DONNA WRIGHT Herald Staff Writer MANATEE - Lockheed Martin Corp. has fired its first salvo in the legal battle over a plume of toxic waste under residents' homes in Tallevast. The defense giant has petitioned for the negligence complaint filed by 254 Tallevast residents to be moved from state court to federal court even though Lockheed has yet to be served the suit. Moreover, Lockheed claims it has no responsibility for residents' alleged property damage or illnesses because the work performed at the former Loral American Beryllium Co. plant, 1600 Tallevast Road, was done for the federal government. The old beryllium plant has been identified as the source of a plume that is now known to cover more than 130 acres. Lockheed acquired the Tallevast plant in a corporate buyout of Loral in 1996. Lockheed has since sold the facility to BECSD LLC, a Florida holding company affiliated with WPI Inc., a cable-manufacturing firm located in New Jersey. Because the contamination was discovered during its period of ownership, Lockheed has assumed responsibility for cleaning up the toxic mess in Tallevast. Lockheed's motion to move the case was filed in the U.S. District Court in Tampa on Friday by L. Norman Vaughan-Birch of Kirk-Pinkerton in Sarasota. In their negligence suit, Tallevast residents claim the toxic plume has damaged property values and caused residents emotional distress. Ed Cottingham of Charleston, S.C., the lead attorney for the Tallevast legal team, took Lockheed's first legal move in stride. "It's what we expected," Cottingham said. "We will just move forward." Tallevast's attorneys are now preparing a response to try to keep the complaint in the 12th Circuit Court, said Laura Ward, president of Family Oriented Community United Strong, which represents residents' interests. A federal judge will determine if Lockheed can have the case moved to federal court. Ward speculated that Lockheed wants a federal judge to hear the case because federal courts will be more sympathetic to big business. The residents, Ward said, want the complaint heard in state court by a jury of their peers. "It's hard for the little man to fight in federal court," said Ward. Vaughan-Birch did not return The Herald's phone calls for comment. In the petition, he argues that the case belongs in federal court because four of the five named defendants in the suit are located outside of Florida. The complaint names: • Lockheed Martin, based in Maryland. • Loral Corp., which owned and operated the beryllium plant between 1961 and 1996 and ceased to exist when it was purchased by Lockheed in 1996. • WPI Sarasota Division Inc., the cable-manufacturing firm now operating the facility. • Wire Pro Inc., the parent company of WPI, based in Pennsylvania. • BECSD, a Florida limited-liability company and current owner of the plant, based in New Jersey. The suit indicates that other unknown defendants could be added later. Vaughan-Birch alleges that WPI Sarasota Division was included in the suit solely for the purpose of depriving the other defendants access of a federal forum. The federal government approved the work done at the plant by Loral and was aware of the risks it presented, Vaughan-Birch said in his petition. Lockheed Martin, therefore, is not responsible for all damage caused by the plume, the petition says. In their suit filed by St. Petersburg attorney Bruce H. Denson, a member of the Tallevast legal team, residents claim that Lockheed knew for several years that their community was polluted by toxic and potential cancer-causing chemicals and metals and did not nothing to notify residents of the danger. In its petition to move the suit to federal court, Lockheed claims that it is entitled to raise a separate and additional federal defense of sovereign immunity because Loral was a government contractor acting at the direction of federal agencies. Lockheed Martin is entitled to raise the defense of derivative sovereign immunity, the petition says, because the work done at at the Loral plant was performed under the direction of federal energy and defense officials. "If the government had performed these acts," the petition says, "it would be immune from suit." Therefore, the same defense is available to Lockheed Martin, the defense giant's attorney argues. Denson recently told The Herald that the Tallevast legal team has not yet served the complaint because more plaintiffs, as well as defendants, may be named. Tallevast attorneys have 120 days after the filing of the complaint to modify the complaint and notify defendants of the legal action against them. Wanda Washington, vice president of FOCUS, hopes the suit stays in the 12th Circuit. "State court is a more friendly court," said Washington. "Federal court is not the people's court." Lockheed Martin spokeswoman Meredith Rouse Davis could not be reached Wednesday for comment. Donna Wright, health and social services reporter, can be reached at 745-7049 or at . ***************************************************************** 36 San Luis Obispo Tribune: NRC's approval of Diablo waste facility to be challenged in court 10/13/2005 | SLO Mothers for Peace and others say agency didn't consider some effects of a terrorist attack By David Sneed The Tribune A federal court of appeals in San Francisco will hear oral arguments Monday in a case challenging an aboveground storage facility for high-level radioactive waste at Diablo Canyon nuclear power plant. The case challenges a decision by the federal Nuclear Regulatory Commission to approve the project without considering the environmental effects of a terrorist attack. Monday's arguments before a three-judge panel in San Francisco will be the first in the case since it was filed in March 2004. The agency found that the prospect of a terrorist attack is so speculative that it could not realistically perform an analysis of its effects. The nuclear industry and federal regulators argue that spent-fuel storage facilities are robust and heavily guarded. If successful, the lawsuit would require the NRC to hold hearings into what additional security upgrades might be needed at the plant. A decision is likely months away. The San Luis Obispo Mothers for Peace, Sierra Club and former county Supervisor Pig Pinard sued the commission. California, Washington, Utah and Massachusetts as well as San Luis Obispo County have filed briefs in support of the lawsuit. Pacific Gas and Electric Co. recently began construction of the facility. It will consist of a thick concrete pad upon which will be mounted large steel and concrete canisters containing the used but still highly radioactive uranium fuel assemblies. Environmentalists and sympathetic state attorneys general think the agency should do more to protect the dry cask facilities as well as nuclear plants' spent-fuel pools. Mothers for Peace members will hold a press conference at 8 a.m. Monday on the steps of the federal courthouse in San Francisco to discuss their three-year effort to oppose the facility, said Jill ZamEk, Mothers for Peace spokeswoman. ***************************************************************** 37 AU ABC: Nelson bill to thwart NT dump opposition Thursday, 13 October 2005. 11:00 (AEST)Thursday, 13 October NT law side-stepped: Dr Nelson says the bill will clear up doubts about building a dump.Insiders Federal Science Minister Brendan Nelson has introduced legislation into Parliament that would make the Northern Territory Government's opposition to a nuclear waste dump irrelevant. The Federal Government has nominated three sites in the Territory for the waste dump. Two are in central Australia while the third is about 40 kilometres from Katherine. The Martin Government has indicated it could take High Court action to stop the dump going ahead. But Dr Nelson has told Parliament the bill will remove any doubts about the Commonwealth's right to put the nuclear waste facility in the Territory. The federal Labor Member for Lingiari, Warren Snowdon, has been ejected from Parliament during debate on the legislation. Mr Snowdon says the legislation is an abuse of power by the Federal Government. ***************************************************************** 38 AU ABC: WA Govt under pressure to rethink uranium ban (AEDT)Thursday, 13 October 2005. 09:05 (AWST) Western Australia's leading mining group is keeping the pressure on the Labor State Government to overturn its ban on uranium mining. Several million dollars was wiped off the share prices of uranium companies with South Australian tenements after that State Government decided to block new uranium mines until 2010. The Chamber of Minerals and Energy's David Parker says the WA Government needs to consider the impact of its opposition to uranium mining on the overall industry. "We believe from a chamber perspective that the ban on uranium mining is at odds with the Government's aim of maximising the state's resources reserves and creates a high level of sovereign risk for investors holding exploration and mining leases," he said. ***************************************************************** 39 NRC: Advisory Committee on Nuclear Waste Meeting on Planning and FR Doc E5-5595 [Federal Register: October 13, 2005 (Volume 70, Number 197)] [Notices] [Page 59780] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr13oc05-136] Procedures; Notice of Meeting The Advisory Committee on Nuclear Waste (ACNW) will hold a Planning and Procedures meeting on October 20, 2005, in the Fairway Room at the Inn at Holiday Valley, 6081 Route 219, Holiday Valley Road, Ellicottville, New York. The entire meeting will be open to public attendance, with the exception of a portion that may be closed pursuant to 5 U.S.C. 552b(c)(2) and (6) to discuss organizational and personnel matters that relate solely to internal personnel rules and practices of ACNW, and information the release of which would constitute a clearly unwarranted invasion of personal privacy. The agenda for the subject meeting shall be as follows: Thursday, October 20, 2005, 8 a.m.-9:30 a.m. The Committee will discuss proposed ACNW activities and related matters. The purpose of this meeting is to gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the full Committee. Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official, Ms. Sharon A. Steele (Telephone: (301) 415-6805) between 8:30 a.m. and 5:15 p.m. (ET) five days prior to the meeting, if possible, so that appropriate arrangements can be made. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. Further information regarding this meeting can be obtained by contacting the Designated Federal Official between 8:30 a.m. and 5:15 p.m. (ET). Persons planning to attend this meeting are urged to contact the above named individual at least two working days prior to the meeting to be advised of any potential changes in the agenda. Dated: October 6, 2005. Michael L. Scott, Branch Chief, ACRS/ACNW. [FR Doc. E5-5595 Filed 10-12-05; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 40 NRC: Advisory Committee on Nuclear Waste; Notice of Meeting FR Doc E5-5596 [Federal Register: October 13, 2005 (Volume 70, Number 197)] [Notices] [Page 59780-59781] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr13oc05-137] The Advisory Committee on Nuclear Waste (ACNW) will hold its 164th meeting on October 19-20, 2005, in the Fairway Room at the Inn at Holiday Valley, 6081 Route 219, Holiday Valley Road, Ellicottville, New York. The schedule for this meeting is as follows: Wednesday, October 19, 2005 The ACNW will hold a working group meeting to discuss the application of the Commission's Final Policy Statement on Decommissioning Criteria for the West Valley Demonstration Project (WVDP) a complex decommissioning site. Participants will include the Nuclear Regulatory Commission (NRC) staff, the Department of Energy (DOE), the New York State Energy Research and Development Authority (NYSERDA), as well as other federal and state organizations and local stakeholders. 8:30 a.m.-8:45 a.m.: Introduction, Purpose and Goals (Open)--The Committee's Chairman and Working Group Chairman will discuss the purpose and goals of this working group meeting. 8:45 a.m.-9:15 a.m.: Roles and Responsibilities (Open)--The Committee will hear presentations by and hold discussions with representatives of involved agencies (NRC, DOE, NYSERDA and others) regarding their roles and responsibilities in the WVDP. Additionally, the NRC staff will discuss the WVDP Act and NRC's Final Policy Statement on the Decommissioning Criteria for the WVDP. 9:15 a.m.-10:30 a.m.: NRC's Performance Assessment Methodology (Open)--The Committee will hear presentations by and hold discussions with representatives of the NRC staff on models and methodology used in their [[Page 59781]] performance assessment for the WVDP site. 10:45 a.m.-11:45 a.m.: DOE's Performance Assessment Methodology (Open)--The Committee will hear presentations by and hold discussions with representatives of the DOE on models and methodology used in their performance assessment for the WVDP site. 11:45 a.m.-12:15 p.m: General Roundtable Discussion of Performance Assessment Methodologies (Open)--The Committee will discuss the two performance assessments presented earlier by the NRC and DOE. 12:15 p.m.-12:30 p.m.: Comments From Meeting Attendees on the Morning Session (Open)--The Committee will hear comments from the audience/public. 2 p.m.-3:30 p.m.: Current WVDP Site Status and Ongoing Dismantlement and Decommissioning Activities (Open)--The Committee will hear presentations by and hold discussions with representatives of the DOE on the current WVDP site status. 3:30 p.m.-4 p.m.: General Roundtable Discussion of Site Status (Open)--The Committee and its invited experts will discuss current WVDP site status. 4:15 p.m.-4:45 p.m.: Opportunity for Comments from the Audience/ Public (Open)--The Committee will hear comments from the audience/ public. 4:45 p.m.-5:15 p.m.: General Discussion of Presentations (Open)-- The Committee will have a general discussion on the path forward on the WVDP. The Committee will consider writing a report on the day's session and future ACNW meetings on the WVDP. Thursday, October 20, 2005 The ACNW will discuss proposed letter reports and other miscellaneous matters. 10 a.m.-11:30 a.m.: Consideration of Proposed ACNW Reports (Open)-- The Committee will discuss proposed reports based on reviews from this and previous meetings. 11:30 a.m.-12 Noon: Miscellaneous (Open)--The Committee will discuss matters related to the conduct of ACNW activities and specific issues that were not completed during previous meetings, as time and availability of information permit. Discussions may include future Committee meetings. Procedures for the conduct of and participation in ACNW meetings were published in the Federal Register on October 18, 2004 (69 FR 61416). In accordance with these procedures, oral or written statements may be presented by members of the public. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. Persons desiring to make oral statements should notify Ms. Sharon A. Steele, (Telephone (301) 415-6805), between 8:30 a.m. and 5:15 p.m. ET, as far in advance as practicable so that appropriate arrangements can be made to schedule the necessary time during the meeting for such statements. Use of still, motion picture, and television cameras during this meeting will be limited to selected portions of the meeting as determined by the ACNW Chairman. Information regarding the time to be set aside for taking pictures may be obtained by contacting the ACNW office prior to the meeting. In view of the possibility that the schedule for ACNW meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should notify Ms. Steele as to their particular needs. Further information regarding topics to be discussed, whether the meeting has been canceled or rescheduled, the Chairman's ruling on requests for the opportunity to present oral statements and the time allotted, therefore can be obtained by contacting Ms. Steele. ACNW meeting agenda, meeting transcripts, and letter reports are available through the NRC Public Document Room (PDR) at pdr@nrc.gov, or by calling the PDR at 1-800-397-4209, or from the Publicly Available Records System component of NRC's document system (ADAMS) which is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html or http://www.nrc.gov/reading-rm/doc-collections/ (ACRS & collections/ (ACRS & ACNW Mtg schedules/agendas). Dated: October 6, 2005. Andrew L. Bates, Advisory Committee Management Officer. [FR Doc. E5-5596 Filed 10-12-05; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 41 AU ABC: 'Outraged' NT Govt promises nuclear waste dump fight Thursday, 13 October 2005, 15:16:39 AEST The Northern Territory Government has warned it will continue to fight any moves to build a nuclear waste dump in the Territory. The Chief Minister made the commitment, despite new federal legislation that will override any Territory laws aimed at stopping a dump being built in the NT. Federal Science Minister Brendan Nelson introduced legislation this morning that would make the Territory Government's opposition to the dump irrelevant. The Chief Minister, Clare Martin, has expressed outrage over the Federal Government's move, saying it shows a lack of respect for Territory rights. "Territorians are very tough," she said. "We will fight and we will use people power, we will use all the ability we have to influence the vote in the Senate and I put senators now on warning. "I'll be there, I'll be talking and so will a lot of Territorians." Protests The federal Labor Party says residents will have to take matters into their own hands if they are to stop the Commonwealth building a nuclear waste dump in the Territory. The Territory Government had indicated it might take High Court action to stop the nuclear waste dump going ahead but Dr Nelson says this legislation will prevent any delaying tactics. "Recent statements from the Northern Territory Government reinforce the need for this legislation," he said. The Labor Member for Lingiari, Warren Snowdon says the bill is outrageous and is encouraging individuals to make a stand. "The first day a bulldozer moves onto one of these sites, I'll be there," he said. Mr Snowdon was ejected from Parliament for interjecting during debate on the legislation today. He says he is sickened that the legislation will set aside heritage and environmental protection laws. And he says the Government's claim that medical treatment will be endangered if the dump does not go ahead, is wrong. "The scientists at Lucas Heights have admitted at public meetings at Alice Springs that they could keep the stuff at Lucas Heights," he said. "And it's just wrong, it's just plain wrong to say that it's necessary to have one of these waste sites in the Northern Territory as a repository for Australia's nuclear waste." 'Disgraceful' The Central Land Council (CLC) says the Territory's two federal Country Liberal Party (CLP) politicians have abandoned their constituents by failing to oppose plans for a nuclear waste dump. The CLC's director David Ross says the Federal Government was to meet Arrernte traditional owners of one proposed dump site next week. But Mr Ross says the Government's plan for legislation preventing a High Court appeal obliterates any pretence that the traditional owners' views will be considered. "I say it's contemptuous, it's disgraceful," he said. "What do the rest of the people in the Northern Territory got to say about this? "And they don't necessarily have to be the traditional owners of these particular areas. I mean if these people can do this, what else can they do to people in the Northern Territory?" The CLP leader has expressed her opposition to the Federal Government's move. But Jodeen Carney has again said she will not press her two federal CLP colleagues to cross the floor and vote against any legislation about the nuclear waste facility. "I know that Dave Tollner and Nigel Scullion have been fighting the good fight as best they possibly can but I say again, 'Either the CLP members sit in the Federal Parliament as independents or they sit with the Coalition'. "They sit with the Coalition to deliver benefits to Territorians. "However, in politics sometimes you win, and sometimes you lose." 'Undemocratic' The Australian Conservation Foundation (ACF) says it is appalled at the Federal Government legislation. The ACF says it is a heavy-handed and undemocratic move. "It overrides any laws or concerns about land use, environmental consequences, heritage values, regulations, Indigenous issues," said a spokesperson. "It overrides and extinguishes native title rights and interests. "And it removes people's rights and recourse to law and procedural fairness." Health Senator Scullion, meanwhile, says Australia will have a Third World health system if a nuclear waste facility is not built soon. He says he is confident Territorians will support the dump once they realise the health of all Australians is at risk. "If we don't have a site that is clear of any impediments by April then by December 2006 Australia will not get access to radio pharmaceuticals that are essential to the early diagnosis of cancer and to deal with many cardiovascular issues in Australia," he said. The ACF's Dave Sweeney says Senator Scullion's argument is offensive. "That's one of the most mischievous, one of the most misleading, and one of the most contemptuous comments I've heard in Australian public life," he said. "To say that a nuclear dump in the Northern Territory is essential so that kiddies with cancer can get access to nuclear medicine is emotional blackmail, it's completely wrong." ***************************************************************** 42 NEWS.com.au: Nuclear waste to travel SA roads - PHILLIP COOREY October 14, 2005 NUCLEAR waste from Lucas Heights would be trucked along SA roads to a new dump in the Northern Territory, under Federal Government legislation tabled in Parliament yesterday. SA Environment Minister John Hill said yesterday he was unhappy with the prospect, but conceded there was "not much we can do". The Bills, introduced by Science Minister Brendan Nelson, seek to finally bury the controversial issue by overriding all state and territory rights, as well as those of local Aborigines and environmental groups. After first unsuccessfully trying to establish a dump in SA's Outback, the Federal Government said recently it would put the dump on Northern Territory Commonwealth land. The dump, to be built at one of three sites under consideration, would take low-level waste generated by hospitals and laboratories, as well as high-level waste including reprocessed fuel rods from Lucas Heights and parts of the current reactor. Only Commonwealth waste would be buried at the site. Legislation provides for transporting the waste by road and sea. Waste trucked from Sydney would most likely pass though Peterborough, Port Augusta and Coober Pedy on its way to the NT. Dr Nelson said yesterday successive governments had tried to responsibly store waste. Mr Hill said statistics showed there would be accidents transporting the waste. Federal Labor MP Warren Snowdon was thrown out of Parliament yesterday for his loud objections as the Bill was introduced. The Australian Conservation Foundation said the Government had undertaken an arrogant course of action. Search for SitemapCopyright 2005 News Limited. All times ***************************************************************** 43 NEWS.com.au: Nuclear war on waste plans By Phillip Coorey and Nigel Adlam October 14, 2005 NUCLEAR waste from Lucas Heights would be trucked along South Australia's roads to a new dump in the Northern Territory, under Federal Government legislation tabled in Parliament yesterday. SA Environment Minister John Hill said yesterday while he was unhappy with the prospect he said not much could be done. But the NT Government vowed it would fight the move if the legislation is passed by the Senate. The Bills, introduced by Science Minister Brendan Nelson, seek to override all state and territory rights, as well as those of local Aborigines and environmental groups. After first unsuccessfully trying to establish a dump in SA's outback, the Federal Government said recently it would put the dump on NT Commonwealth land. The dump, to be built at one of three sites under consideration, would take low-level waste generated by hospitals and laboratories, as well as high-level waste including reprocessed fuel rods from Lucas Heights and parts of the current reactor. If the law is passed in the Senate, a nuclear waste depository would be built on Commonwealth land near Alice Springs or Katherine within five years. Legislation provides for transporting the waste by road and sea and only Commonwealth waste would be buried at the site. Waste trucked from Sydney would most likely pass though Peterborough, Port Augusta and Coober Pedy on its way to the NT. Dr Nelson said yesterday successive governments had tried to responsibly store waste. Mr Hill said statistics showed there would be accidents transporting the waste. NT Chief Minister Clare Martin said the move was the worst-ever Federal attack on Territory rights - worse than the overthrow of the Rights of the Terminally Ill Act in 1997. But her Government stopped short of announcing an expensive legal challenge. Ms Martin said the Territory was being forced to take the nuclear facility because it was not a state. "The Federal Government is doing this to us because it can," she said. Labor said it hoped CLP Senator Nigel Scullion would cross the floor and vote against the plan. Ms Martin said the Senator had publicly said he would vote against the Bill. Senator Scullion last night denied this. This was despite saying in August: "I'm out on this now - I'll cross the floor." But last night Senator Scullion said he had only supported a Labor motion calling on Prime Minister John Howard to honour an election promise not to build the facility in the NT. "I've never said I would vote against it," he said. Territory Opposition Leader Jodeen Carney said the CLP supported the call for scrapping Federal laws. "One thing Territorians don't like is Canberra opposing their will," Ms Carney said. One of the Territory's two Independent parliamentarians said the Territory Government had only itself to blame for the problem. Gerry Wood, the Member for Nelson, accused the Territory Government of engaging in a political charade to cover "its lack of leadership". NT Health Minister Peter Toyne said the Lucas Heights reactor in Sydney could produce medical isotopes for 30 years. "It's shameful to use cancer patients as pawns in this grubby political game," Mr Toyne said. Federal Labor MP Warren Snowdon was thrown out of Parliament yesterday for his loud objections as the Bill was introduced. The Australian Conservation Foundation said the Government had undertaken an arrogant course of action. From The Advertiser and the Northern Territory News SitemapCopyright 2005 News Limited. All times ***************************************************************** 44 Pahrump Valley Times: Bechtel, DOE dinged in audit October12, 2005 By STEVE TETREAULT PVT WASHINGTON BUREAU WASHINGTON - The Department of Energy paid incentive fees to Yucca Mountain management contractor Bechtel SAIC for work that was found to be late or unacceptable, government auditors said in a report Thursday. The firm was awarded payments by the Office of Civilian Radioactive Waste Management "even though Bechtel delivered poor quality work and missed deadlines," according to the Energy Department inspector general. The inspector general challenged $3.99 million out of $43.4 million in incentives for work performed on the proposed Nevada nuclear waste repository between February 2001 and September 2004. "The total costs of inappropriate incentive fees cannot be determined," the audit report said. The payments questioned by auditors included $2 million associated with work Bechtel performed on a key license application for the Yucca repository. The findings are the latest blow on the nuclear waste project, which is years behind schedule and faces continued legal, political and technical challenges. Nevada-based critics of the Yucca Mountain project seized on the audit. Rep. Shelley Berkley, D-Nev., called on Bechtel SAIC to give back the challenged funds and for the Department of Energy to cease awarding "bonuses" "I can't understand how DOE could not ask for the money back," Berkley said. "If a bank accidentally gave you money that is not in your account, you must return it. Same thing here, except Bechtel knew about it. This is a rip-off pure and simple." The audit illustrates shoddy DOE management, Sens. Harry Reid, D-Nev., and John Ensign, R-Nev., said in a joint statement. "To pay out millions upon millions of dollars in bonuses for incomplete work, poor performance, and unacceptable products is the height of government waste and mismanagement," Rep. Jim Gibbons, D-Nev., said. Rep. Jon Porter, R-Nev., said similar activity in the private sector would be a firing offense, "no questions asked." Paul Golan, the principal deputy director of the Yucca project, said he accepted the audit findings. "I will use this report to develop a comprehensive corrective action plan that will provide clearer and more objective performance standards," he said in a letter responding to the audit. A DOE spokesman declined to comment further. Jason Bohne, a spokesman for Bechtel-SAIC in Las Vegas, said the audit was being reviewed. "We stand by the work we have performed under the contract," Bohne said. "We take the report seriously and will review it carefully." The incentives were written into the Bechtel-SAIC contract, which was valued at about $3.2 billion for five years. Bechtel SAIC and the Office of Civilian Radioactive Waste Management, which operates the Yucca program, signed a "cost plus incentive fee," contract, an arrangement designed to reward companies for meeting goals and performing work to required quality levels. The contractor also was offered an additional "super stretch incentive fee" if it would complete pre-license application technical documents ahead of schedule. The contract contained opportunities for Bechtel to earn $50.9 million in "performance based incentives" in its early years. Auditors concluded, though, that DOE managers failed to identify acceptable quality levels or specify how the contractor's performance would be measured. There were also no procedures to adjust the fees when deadlines were missed, the report said. The investigators challenged incentives that DOE paid in cases where Bechtel needed additional time to correct poor quality work and where work scope was reduced due to poor performance. As an example, auditors said DOE paid most of a $17.7 million incentive fee for work on documents supporting the Yucca Mountain site recommendation in December 2001 even though Bechtel needed additional time to correct inconsistencies. The extra work resulted in a 22-day delay, auditors said. DOE paid all but $125,786 of the incentive fee, they said, while stating the delay "was due to events beyond the contractor's control." For comment or questions, please e-mail webmaster@pahrumpvalleytimes.com Copyright © Pahrump Valley Times, 1997 - 2005 ***************************************************************** 45 NEWS.com.au: Government pushes nuke dump bill - From: AAP By Max Blenkin October 13, 2005 THE Federal Government moved today to build a nuclear waste dump in the Northern Territory, introducing legislation to head off any challenge from governments, indigenous owners or green groups. That sparked immediate outrage, with NT Labor MP Warren Snowdon ejected from Parliament for a succession of heated interjections as Science Minister Brendan Nelson introduced the two bills. NT Chief Minister Clare Martin described the legislation as outrageous for over-riding the rights of territorians. The NT Parliament immediately moved a resolution condemning the removal of any ability to scrutinise, review or appeal the dump proposal. Federal Opposition deputy leader Jenny Macklin said this was a draconian act by an arrogant government that could not give a toss about the Australian community. Australian Democrats leader Lyn Allison accused the government of resorting to bully-boy tactics while Greens Senator Christine Milne said it demonstrated complete contempt for the democratic process. The Central Land Council said the legislation showed outrageous disregard for the views of territorians including Arrernte traditional owners who already clearly and loudly said no. But Dr Nelson said this was only necessary because of the attitude of state and territory governments, which all agreed on the need for a repository for low and intermediate level nuclear waste, as long as it was not in their backyards. Radioactive waste is now stored at more than 100 sites around Australia, including hospitals, factories, universities and defence facilities. Much of it originates from medical isotopes produced at Lucas Heights, Sydney, and used for cancer treatment. Under the Commonwealth Radioactive Waste Management Bill 2005 and the Commonwealth Radioactive Waste Management (Related Amendment) Bill 2005, the Commonwealth will overturn a NT law specifically introduced to torpedo the plan. It will also bar any challenges under the Aboriginal and Torres Strait Islander Heritage Protection Act and the Environmental Protection and Biodioversity Conservation Act. Another section allows the Commonwealth to acquire or extinguish any remaining interests in the chosen site. Yet another allows the Commonwealth to overcome any state or territory measures aimed at restricting transport of waste along their roads. However, Dr Nelson said there would be no cutting of corners on safety or regulatory scrutiny, stipulating that all processes under relevant environmental, nuclear safety and proliferation safeguards must be complied with. Dr Nelson said the aim was to put beyond doubt commonwealth powers to establishment the waste dump. He said successive Labor and Coalition governments had sought to make responsible arrangements for dealing with waste produced by commonwealth agencies. In 1992 Labor energy minister Simon Crean launched an inquiry to find a suitable site for a national repository. That process ended last year with the South Australian government taking court action to oppose use of the preferred site at Woomera. The government then abandoned the national waste dump plan and announced a search for its own site, leaving states and territories to make their own arrangements. However, the Government has offered the NT Government use of the new facility for storage of its own waste, including 16 cubic metres at Darwin Hospital. Dr Nelson said a detailed site selection process would be undertaken over the next year to assess which of the three sites was most suitable. They are at Fishers Ridge, 43km south-east of Katherine, Harts Range, 100km north-east of Alice Springs and Mt Everard, 27km north-west of Alice Springs. All are on defence land. Dr Nelson said it was envisaged the site would become operational in 2011. Search for more stories on this 2005 News Limited. All times ***************************************************************** 46 Deseret News: 2 Utah legislators tour proposed Yucca Mountain nuclear site [deseretnews.com] Thursday, October 13, 2005 If radioactive waste can be stored safely, why move it, they ask By Joe Bauman Deseret Morning News An argument often advanced for sending spent nuclear fuel rods to the West for disposal or storage is a very good reason to keep them where they are, say two members of the state House of Representatives. Rep. Greg Curtis, R-Sandy, speaker of the House, and Rep. Stephen H. Urquhart, R-St. George, majority whip, say officials maintain that the highly radioactive rods can be safely contained for a long time in dry casks. "If that's the case, why not just cask them . . . and leave them where they're at?" Curtis asked. Urquhart and Curtis on Tuesday toured Yucca Mountain, Nev., where the federal government intends to permanently dispose of 70,000 tons of spent nuclear fuel and high-level radioactive waste, mostly generated by power plants throughout the country. The two were in Nevada with other members of the High-Level Radioactive Waste Working Group, part of the National Conference of State Legislatures. According to the conference, attendees included state senators, representatives and delegates from 17 states. The tour "reconfirmed to me that Utah should not be supporting Yucca Mountain" as a repository, Urquhart said in a telephone interview. More than 90 percent of the radioactive material in spent fuel rods is theoretically reusable, he said, and in 50 years, science may have progressed to the point where this material can be safely reprocessed and reused. According to a final environmental impact statement, trucks, rail or both may be used to move the material. If mostly trucks were used, about 53,000 shipments would travel on interstate highways over a 24-year period. If the choice is mostly rail, 9,000 to 10,000 rail cars would be sent to Yucca Mountain during the period. Northern rail routes to the repository site would be through Elko, Carlin, Battle Mountain and Reno, Nev., according to the environmental statement. Trucks would pass through Salt Lake City. "I-15, the closest interstate highway to the proposed repository, travels through Salt Lake City, Utah, to southern California, passing through Las Vegas," according to the statement. Moving the nuclear waste is a huge concern to Urquhart. Things can go wrong while material is shipped, he noted, adding, "No one suggests that we only buckle our seat belts if we plan on getting in an accident. . . . Accidents can happen in transportation." The Utahns said they were surprised how far the Yucca Mountain repository is from completion, after the expenditure of billions of dollars. "Right now, it's just a big tunnel, a big hole, and I've seen tunnels before," Urquhart said. The tunnel is impressively long, maybe four or five miles. But little has been done to develop the project physically beyond that, other than "some little alcoves where they are conducting some experiments." He said he understands that nuclear waste storage is an extremely complex problem, "and we do have to deal with it some way. They've put some serious science into this. But at the end of the day, I think the West is being stuck with it because of politics. I don't understand why Western politicians would be willing to play door mat to that." © 2005 Deseret News Publishing Company [ /] ***************************************************************** 47 Rocky Mountain News: End of road at Flats Dennis Schroeder © News U.S. Rep. Mark Udall visits Rocky Flats Wednesday and called the cleanup a "success story." The land is to become an animal refuge. "We've traded weapons for wildlife . . . bombs for birds," Udall said. Dennis Schroeder © News The final truckload of low level radioactive materials to be shipped out of Rocky Flats is taken from the site Friday. Government contractor Kaiser-Hill has spent a decade cleaning up the 6,200-acre former weapons plant. Now the Energy Department is expected to spend months verifying that the work was done properly. Rocky Flats is the first nuclear weapons plant in the world to be cleaned up and demolished. "No one had ever done this," said John Corsi of Kaiser-Hill. Inspections under way; weapons plant to revert to prairie By Todd Hartman And Kevin Vaughan, Rocky Mountain News October 13, 2005 The storied Rocky Flats nuclear weapons plant, an icon of the Cold War, a famed target of peace activists and an economic powerhouse for the metro area, has vanished from its 50-year perch on the high prairie northwest of Denver. Crews with Kaiser-Hill Co., the government contractor that spent a decade scouring the 6,200-acre site of everything from buildings to plutonium-laced dirt, were conducting final inspections Wednesday in preparation for formal completion of the cleanup, expected any day. The announcement will trigger a review of the work and continuing monitoring of the site, which is to become a wildlife refuge. Still, concern over whether the property will ever be safe for humans and animals is sure to linger. The demolition, removal and decontamination work marks the end of a federal complex once home to 800 buildings, named streets, power lines and bomb-making factories where workers churned out critical components for tens of thousands of the weapons that fueled America's Cold War with the Soviet Union. Now, almost nothing remains. Prairie or newly seeded soil cover the entire property, with a few one-lane dirt roads left for future access by environmental regulators and U.S. Fish and Wildlife workers, who will eventually manage much of the land as a refuge. "We've traded weapons for wildlife . . . bombs for birds," said Democratic U.S. Rep. Mark Udall, who paid his respects to the emptied site Wednesday with a visit. Udall, whose district includes Rocky Flats, called the cleanup a "success story across the board," a description not discouraged by Kaiser-Hill, which turned what the Department of Energy once figured to be a $36 billion, 70-year cleanup, into a $7 billion, decade-long affair. All told, Kaiser-Hill will earn a fee in the range of $550 million to $600 million for its work, numbers that are based, in part, on beating a December 2006 deadline. Born in secrecy in 1951, Rocky Flats began processing radioactive elements the following year and building nuclear weapons in 1954 in a heavily guarded compound 16 miles northwest of downtown Denver. Production at Rocky Flats ended in 1989 after a government raid and amid ongoing environmental and safety concerns. While Rocky Flats has long been lauded as crucial in winning the Cold War - and its thousands of workers hailed as factory-bound soldiers working on a different kind of front line - others have portrayed the place in a darker light. The legacy of Rocky Flats, critics say, is the creation of plutonium triggers still sitting in nuclear weapons poised for use, "weapons of mass destruction, enough to more than wipe out all human life on the planet," said LeRoy Moore, a peace activist who has followed events at the site since 1978. Still, Rocky Flats today holds a distinction that no other facility like it can claim: It is the first nuclear weapons plant in the world that has been cleaned up and demolished. "No one had ever done this," said Kaiser-Hill's John Corsi. Using many of the same workers who had once built bombs, Kaiser-Hill trucked nuclear waste to 10 storage sites in other states. It tore down buildings, hauled out dirt and replanted native grasses. And now it is poised to pronounce the job done. That will launch the next phase of the cleanup: A months-long process of verifying that the work was done properly. That effort will be carried out by the Department of Energy. Rocky Flats stats • 6,200: Acres, including a 400-acre industrial zone, where bomb-making took place • 800: Structures in the now-dismantled industrial zone • 5: Number of large, heavily contaminated plutonium processing facilities, covering more than 1 million square feet • 600,000 cubic meters: Amount of radioactive and hazardous waste removed from the site, enough to fill a string of rail cars 90 miles long • 30,000 liters: Amount of plutonium and enriched uranium solutions stored in tanks and piping before cleanup began • 512,000 tons: Amount of miscellaneous waste, such as asphalt, wood and concrete, for disposal in regular landfills • 21 tons: Amount of "weapons-grade nuclear material," much of it improperly stored, before the cleanup began • $36 billion: Original estimate of cleanup cost • 70 years: Original estimate for length of cleanup • $7 billion: Actual cost of cleanup • 10 years: Actual length of cleanupSource: Kaiser-Hill Co. hartmant@rockymountainnews.com or 303-892-5048 and vaughank@rockymountainnews.com or 303-892-5019 © Rocky Mountain News ***************************************************************** 48 Rocky Mountain News: Defense opens on Flats Mistakes at plant not intentional, says lawyer for companies By Karen Abbott, Rocky Mountain News October 13, 2005 The true story of Rocky Flats isn't the easy stuff of Hollywood movies, a lawyer for the companies told a federal jury Wednesday. Instead, it's a complicated saga of two companies working on weapons crucial to the national defense, said David Bernick of Chicago, attorney for Dow Chemical Co. and Rockwell International Corp. The two companies operated the nuclear weapons plant 16 miles northwest of downtown Denver for 37 years. "Nobody's going to say that a perfect job was done at Rocky Flats," Bernick said. "But nobody was sitting there playing with other people's lives and playing with other people's safety." Bernick disputed the story of "government secrecy, hazardous materials, uncaring corporations, innocent victims," presented Tuesday by plaintiffs' lawyers in the $500 million class-action lawsuit. He said releases of radioactive plutonium from the Rocky Flats site amounted to half the size of a dime, spread over a 16-square-mile neighborhood, and exposed neighborhood residents to a radiation dose of less than 0.2 millirems. A radiation dose of that magnitude translates to a cancer risk of less than one case in each one million people, Bernick said. By contrast, he said, the risk of cancer from exposure to second-hand smoke is about one case in a thousand people. Bernick said Dow and Rockwell did their best to safely handle and store radioactive plutonium, other radioactive materials and other dangerous substances. But officials and employees of the two companies were forced to balance safety efforts with other demands - especially meeting national defense needs for nuclear weapons during the Cold War, Bernick said. "The impact of this mission can never, ever be overestimated," Bernick said. "It was in their hearts. It was in their souls. It drove them in all respects." Along the way, weapons designs, safety and environmental regulations and the work actually done at Rocky Flats changed, he said. Besides using difficult technology to make nuclear bomb parts, Dow had other responsibilities including security, production requirements, labor relations and meeting the budget, Bernick said. After a 1957 fire, plant operators added more than a million tons of wood-product and Plexiglass shielding to protect workers in the event of another fire, Bernick said. The materials were chosen because they could be installed quickly, he added. Heat monitors were placed under gloveboxes where highly flammable nuclear materials were handled, according to Bernick. But another fire broke out in 1969 after the heat monitor beneath one glovebox failed to detect burning plutonium in a storage cabinet inside the glovebox, Bernick said. The bottom of the cabinet was covered with wood-product shielding, which inadvertently shielded the heat of the fire from being detected by the monitor, he said. "Was it a problem, a mistake?" Bernick said. "Yes." "It was something that happened when they were trying to do two things at once, which was to very quickly put all the shielding in and at the same time have a fire protection system," he said. "And just this one flaw, one vulnerability, led to this big, big fire." He said the Atomic Energy Commission - now the U.S. Energy Department - sharply criticized fire safety measures at Rocky Flats after the 1969 fire, but AEC inspectors had approved the measures just months before the fire broke out. "This facility was not up to snuff, but it was not up to snuff not because people were asleep at the switch," Bernick said. "It was a complicated balancing situation." The trial, expected to last nearly to Christmas, will resume Friday before Colorado U.S. District Judge John Kane. abbottk@RockyMountainNews.com or 303-892-5188 2005 © Rocky Mountain News ***************************************************************** 49 Rocky Mountain News: 'Infinitesimal' health risk Rep. Mark Udall, D-Colo., and officials from municipalities around the former Rocky Flats nuclear weapons plant tour the southern buffer zone at the defunct plant Monday. Udall is introducing a bill in Congress to keep the buffer zone as open space. A spokesman for the cleanup contractor, Kaiser-Hill, said the majority of the site, including the buffer zone, has plutonium levels closer to background levels found in everyday life, a risk "far less" than one in a million for cancer. Experts say Flats is safe, but critics remain unconvinced By Todd Hartman, Rocky Mountain News October 13, 2005 The Rocky Flats bomb factory is gone, erased in a 10-year effort even critics concede represents an extraordinarily efficient environmental cleanup job. But little souvenirs have been left behind, all invisible to the naked eye: scattered atoms of plutonium, subterranean solvent plumes, contaminated groundwater and buried foundations - leftovers of the toxic workshops devoted for decades to making nuclear weapons. Even so, a wide array of experts, including the Department of Energy and a citizen board overseeing the cleanup, insist the freshly scrubbed 6,200-acre site is safe. Critics remain unconvinced. Rocky Flats is to become a wildlife refuge. Amid tallgrass prairie along the foothills of Jefferson and Boulder counties, families presumably will someday stroll. They'll see deer, songbirds and prairie dogs ramble on property once patrolled by gun-toting guards and sectioned off with foreboding fences of mesh and barbed wire. But the perception that Rocky Flats is still dangerous could prove a larger hurdle to overcome than any remnants of the environmental hazards that once made the plant a genuine threat to the community, said several people who've followed the cleanup. "It won't prevent me" from visiting, said Steve Gunderson, a top Colorado state environmental regulator who supervised much of the site's closure. "I have had my children visit during a family day a few years ago . . . I look forward to the day I can hike the trails around Rocky Flats." Even the roughly 400-acre industrial area, where 800 buildings devoted to the mission of making nuclear bombs were clustered, poses infinitesimal risk, regulators and other officials say. But that section won't be included in the wildlife refuge - not because it's dangerous but because the Department of Energy doesn't want the public to accidentally or intentionally interfere with monitoring equipment in place to track the contamination that does remain on site. The closure "is primarily designed to protect the (cleanup) from people, not to protect people from (cleanup)," said David Abelson, executive director of the Rocky Flats Coalition of Local Governments, a watchdog group of cities and counties that surround the site. Plutonium levels in soil were the focus of much of the cleanup debate. In the end, a citizens' board, local governments and regulators agreed to require levels no higher than 50 picocuries per gram - or 50 trillionths of a curie per gram - in the first three feet of soil. Those levels reflect a statistical model based on a person likely to get the most exposure to the soil at Rocky Flats - a future wildlife refuge worker spending 40 hours a week at the site for 50 weeks a year. Such an exposure, regulators said, creates a 1 in 200,000 chance of contracting cancer. But even that calculation is conservative, said John Corsi, a spokesman for the cleanup contractor, Kaiser- Hill. That's because the vast majority of the site, including the massive buffer zone surrounding the former industrial core, has plutonium levels closer to background levels found in everyday life. Even assuming every acre of the site had levels of 50 picocuries per gram, the health risk is virtually nil, Corsi said, as it would expose the refuge worker to the equivalent of two millirems of radiation. A person is exposed to six millirems flying from Los Angeles to New York and back, he said. That also means a future visitor will have a risk "far less" than one in a million for cancer, Corsi said. "It is an infinitesimal risk compared to the other sources of radiation we're exposed to on a daily basis," Abelson said. "Those are the facts," Abelson said. "How people interpret the fact, well, that's a different matter." Victor Holm, a longtime chairman of the Citizens' Advisory Board that has overseen and endorsed Kaiser-Hill's cleanup plans, said that other toxins at Rocky Flats, including more mundane contaminants such as solvents that contaminated groundwater, are actually of greater potential risk. "It's hard to get anyone excited about that," Holm said. He believes people seize on radioactive contaminants because of the "terrible consequences" of nuclear war. But not everyone is as reassured about the safety of Rocky Flats. Some activists, including a former FBI agent who led a 1989 raid on Rocky Flats, searching for evidence of environmental crimes, maintain past operators of the plant engaged in illegal dumping that wasn't thoroughly investigated by the government. Though Rockwell, a former operator of the plant, admitted 10 environmental crimes and paid an $18.5 million fine as part of a plea agreement in 1992, activists say not all of the pollution was discovered and that the DOE has relied on false reports to conclude some parts of the site are clean. Government officials say that's not so. Still, the claims won't seem to go away. This week, a long-delayed trial opened in federal court pitting neighbors of the site against former site operators. Plaintiffs say Rocky Flats cut their property values and exposed them to health risks - claims defendants vigorously dispute. Peace activist LeRoy Moore, who has spoken out against Rocky Flats since 1978, commended the cleanup, calling it "a hard job" and "a big step forward (that has made) the site a whole lot safer than it used to be." But, Moore said, that doesn't mean it's safe. He's convinced the public needs to know more about exposures to low doses of radiation. He cited a recent study from the National Academy of Sciences that he said concluded there is no such thing as a safe dose of radiation. "I hear from people near and far who are quite surprised at turning Rocky Flats into a playground, where people can hike and bike and ride horses," Moore said. "I can only imagine they're doing it because they want us to believe it's OK, but it's an unwise thing to do. It would be better to retain it as open space and not allow people to go onto it, and continue to look more closely at" risks. 2005 © Rocky Mountain News ***************************************************************** 50 Rocky Mountain News: Key events in history of Rocky Flats October 13, 2005 1950s • Early 1951: The Atomic Energy Commission decides to build a nuclear weapons plant in Colorado. Possible sites include the Rocky Mountain Arsenal northeast of Denver and a high plateau near the foothills known as the Rocky Flats. • March 23, 1951: The Atomic Energy Commission unveils plans for a $45 million plant in the Rocky Flats area northwest of Denver. Officials emphasize that the plant would not be used to manufacture atom bombs. Dow Chemical Co. is named the the primary contractor. Officials initially offer landowners $18 an acre as "just compensation." The landowners balk at the price, and four years later are awarded $56 an acre. • May 8, 1951: Boulder Mayor J. Perry Bartlett and Boulder Chamber of Commerce President Frank S. Henderson ride a bulldozer as it churns through the first plot of earth, officially marking the beginning of construction. • February 1952: The first radioactive shipments arrive at Rocky Flats. • May 1953: Plutonium processing begins in Building 771. • Sept. 12, 1957: A fire starts spontaneously in an exhaust filter system in Building 771. A spokesman for the Atomic Energy Commission tells reporters that tests indicated "no spread of radioactive contamination of consequence." Damage is estimated at $818,600. 1960s • Jan. 23, 1967: Workers open what they call the "Jelly Factory," where waste liquids are filtered and then mixed into a gel for long-term storage. The process is developed after an estimated 5,000 gallons of plutonium-tainted solvents had leaked into the ground. • May 11, 1969: Shortly after 2 p.m., a fire breaks out in building 776-777, used to manufacture nuclear bombs. The blaze burns for 5 1/2 hours. Although the public was told little about the blaze, it's clear from government documents that the fire posed a significant risk of a Chernobyl-type disaster. Damage is estimated at $26.5 million. 1970s • Jan. 25, 1970: In the first of many protests, Boulder peace activists march on Rocky Flats. • May 24, 1973: The Colorado health department discovers the radioactive material tritium in Walnut Creek, a tributary of Broomfield's Great Western Reservoir. • Nov. 21, 1974: Rockwell International replaces Dow as Rocky Flats operator. • April 29, 1979: More than 9,000 people descend on Rocky Flats to protest U.S. nuclear weapons policy. Among the more than 300 people arrested is Daniel Ellsberg, the former military analyst who leaked the Pentagon Papers, classified documents on the Vietnam War. 1980s • Oct. 15, 1983: Thousands of protesters surround Rocky Flats, linking arms along vast stretches of its perimeter. • June 6, 1989: Seventy-five FBI agents, Environmental Protection Agency officials and federal prosecutors raid Rocky Flats. They shut down operations while they investigate allegations that workers concealed environmental contamination, filed false environmental reports and improperly disposed of hazardous waste. • June 28, 1989: A federal judge decides to impanel a special grand jury to investigate alleged environmental crimes at Rocky Flats. • Sept. 28, 1989: Rocky Flats is added to a list of highly polluted sites eligible for Superfund cleanup money. • Nov. 13, 1989: Officials halt plutonium operations for safety reasons. They never resume. 1990s • Jan. 1, 1990: EG takes over operation from Rockwell International. • Jan. 28, 1992: President George H.W. Bush, declaring in his State of the Union speech that the United States won the Cold War, announces an end to production of the W-88 nuclear missile used on Trident submarines. The announcement sounds the death knell for Rocky Flats. • Feb. 19, 1992: Grand jurors write a highly critical 75-page report calling for the plant to be permanently closed. It alleges that Department of Energy "political appointees continue to direct and endorse the course of conduct at the plant in violation of environmental laws." The grand jury also votes to indict officials at Rockwell, EG, and the U.S. Department of Energy, but then-U.S. Attorney Mike Norton refuses to sign the indictments. • June 1, 1992: Rockwell, in a plea deal that resolves the grand jury investigation, admits 10 federal environmental waste-storage crimes and is fined $18.5 million. In return, the U.S. attorney's office states that the most sensational charges against Rockwell — midnight burning of waste, willful dumping of chemicals into creeks, secret experimental medical labs — did not occur. • Sept. 26, 1992: A federal judge rules that the report from the grand jury will not be made public. • April 4, 1995: Kaiser-Hill Inc. wins contract to coordinate Rocky Flats cleanup. • Aug. 1, 1996: Grand jurors file suit in federal court, seeking permission to break the silence required of them by the law in order to testify before Congress. • Aug. 7, 1997: Energy Secretary Federico Peńa targets 2006 for completion of cleanup. 2000s • Dec. 28, 2001: President Bush signs into law a measure designating Rocky Flats a wildlife refuge. • March 12, 2004: Colorado U.S. District Judge Richard Matsch refuses to let grand jurors break silence. • Oct. 7, 2005: Last shipment of radioactive waste leaves Rocky Flats, bound for a dump in Utah. • Oct. 11, 2005: A federal court begins hearing a 15-year-old lawsuit by Rocky Flats neighbors. They allege mishandled toxic substances at the plant diminished their property values and their rights under the law to use and enjoy what they owned. Sources: Rocky Mountain News Files; Kaiser-Hill Co.; Len Ackland'S Making A Real Killing: Rocky Flats And The Nuclear West; West ... 2005 © Rocky Mountain News ***************************************************************** 51 Rocky Mountain News: Nuke plant on prairie manufactures history By Kevin Vaughan, Rocky Mountain News October 13, 2005 It rose from a rock-strewn mesa at the foot of the Rocky Mountains, shrouded in secrecy and barbed wire - a concrete city where workers in funny-looking suits and thick rubber gloves carried out top-secret work. For five decades, it stood on the high ground that gave it a name - the Rocky Flats - even as it was buffeted by jittery neighbors with safety questions, by protesters, by politicians. Within its carefully guarded perimeter fences, an army of scientists and engineers took metals with exotic names - plutonium, uranium, beryllium - and fashioned weapons designed to obliterate life on Earth. It was a factory, pure and simple, a steel and concrete city that churned out thousands of nuclear bombs used as the triggers in the most lethal weapons ever made by man. And now, 15 years after the last bomb left Rocky Flats, it has been swept from the earth in the biggest environmental cleanup of its kind. "It's all gone," said former Congressman David Skaggs, who called for the plant's closure in 1989. "There's almost a wistfulness in saying that - that's what we wanted to have happen, but it's an odd feeling." Beginnings in 1951 On a Friday morning in March 1951, reporters were summoned to the Mayflower Hotel on the edge of downtown. There, in an announcement carried out almost simultaneously with others in Los Alamos, N.M., and Washington, D.C., officials of the Atomic Energy Commission unveiled plans for a $45 million plant in the Rocky Flats area between Boulder and Golden. They were attracted by an ample and educated work force and a strong housing market. And it was a political victory for Colorado's powerful Democratic senator, the late Edwin "Big Ed" Johnson, and the late Republican Sen. Eugene Millikin. The feds on hand that day were cryptic about the plant's ultimate mission. But within two years, the plant was processing plutonium. And by 1954, it was making nuclear bombs. As the years passed, Rocky Flats grew. The four original production buildings were surrounded by hundreds of other structures. The plant had its own fire department and hospital. What went on there was a closely guarded secret. "It was an era where national security was something that was accepted by virtually everyone without question," said Len Ackland, a University of Colorado professor and the author of the book, Making a Real Killing: Rocky Flats and the Nuclear West. A 1957 blaze that erupted in Building 771 caused an estimated $818,600 in damage and released radioactive waste into the air. But the 10-paragraph story on the fire that ran on page 46 of the next morning's Rocky Mountain News didn't raise the specter of radioactive danger. On May 11, 1969, a much larger fire ripped through a plutonium processing building, causing $26.5 million in damage and spewing radioactive smoke into the air. Though plant officials assured reporters that no one had been injured and nothing outside the building had been contaminated, the blaze marked the beginning of the end of secrecy about Rocky Flats. Within a year, the first of many protests was organized outside the plant's gate. The next two decades saw a different climate around the perimeter of Rocky Flats. Protesters frequently gathered at the gates or blocked the railroad spur leading to the plant. Neighbors worried about whether the two creeks running through the site - Walnut and Woman - were carrying radioactive contamination into their drinking water supplies. New questions arose about the dangers being faced by Rocky Flats workers. And the public came to understand what was being built at Rocky Flats: nuclear bombs. Called "pits," they were complete weapons that lacked only the conventional charge to detonate them. They were sometimes euphemistically referred to as "triggers" because they became components used to detonate much larger nuclear weapons. At its height, the plant employed 6,000. Over its lifetime - which mirrored the Cold War with the Soviet Union - Rocky Flats workers turned out 70,000 pits. John Mermigas walked into the plant for the first time on March 7, 1983. He took a job at the plant working in what was known as "plutonium recovery" - the chemical process of gathering usable plutonium from waste, retired weapons or production residue. "Back then, everything was on a need-to-know basis, so there were all these pieces of the puzzle that finally ended up as a nuclear weapon," Mermigas said. "But you were only privy to the pieces of the puzzle you needed to do your job." Still, he considered the moral implications of his work: That if he did his job correctly, he was helping build bombs that could annihilate entire cities. "I believe it was something that was necessary," he said. "It's a necessary evil, I guess." He wasn't alone. "We looked at it as part of the national defense, part of the Cold War," said Frank Gibbs, who went to work at Rocky Flats in June 1984, right after graduating from the Colorado School of Mines with a degree in metallurgy. It was a good job, even if Gibbs never told anyone where he worked, never wore his badge when he was off the property. In 1989, after decades of dodging safety questions, work at Rocky Flats was abruptly halted. First, a swarm of FBI and Environmental Protection Agency investigators raided the plant amid charges of illegal waste disposal. And then bomb-making was stopped amid safety concerns. The next few years brought uncertainty that ended the night of Jan. 28, 1992, when President George H.W. Bush announced the end of the W-88 missile program. It was the death knell for Rocky Flats. Over the next few years, a new question emerged: Now what? The answer - close it and clean it up - was almost unthinkable to some, given the size of the complex and the amount of contamination. Indeed, the job was originally envisioned as a 70-year, $36 billion task. Kaiser-Hill Co., the contractor chosen to oversee the first decontamination and demolition of a nuclear weapons plant in the world, turned to the same workers who had for decades built bombs. Two of those who returned were Mermigas and Gibbs. Wednesday was Mermigas' last day on the site. "I just can't even believe it," he said. Kaiser-Hill is expected to announce any day that it has completed the cleanup. Gibbs is cleaning out his office this week, ready to say goodbye to Rocky Flats 21 years after he first went to work there. "If you'd asked me in '95 if we'd have the gate closed and be looking at 'greenfield,' I'd have said, 'No way.' " The core area, 385 acres, will probably be closed to the public forever. Nearly 6,000 acres that made up the north and south buffer zones will become a wildlife refuge, the result of legislation passed in 2001 by U.S. Sen. Wayne Allard, a Republican, and U.S. Rep. Mark Udall, a Democrat. A visit to Rocky Flats now reveals a landscape not much different from the one that greeted the early construction workers who flooded into the site more than a half-century ago. Freshly moved dirt. Primitive gravel roads. A glimpse of the Denver skyline in the distance. In one area, native grasses planted several years ago stand a foot tall. In another area, new seed and straw cover the ground, waiting for the water and time. Here and there, trees dot the landscape. Down in a ravine, a small solar panel - which powers an underground monitoring station - is the only evidence that the area had once been home to a major manufacturing operation. Cold War won Rocky Flats was a product of its time: born in the anti-communist fervor of the post-World War II era, thriving through the Cold War, fighting for survival as Americans came to better understand environmental dangers and crumbling after the fall of the Berlin Wall and the disintegration of the Soviet Union. For the men and women who worked there, the work done at Rocky Flats helped win the Cold War. "I think it played a very, very important role during a time in our country when, sadly enough, we were required to spend a lot of money . . . to provide a product hopefully we were never going to use," Mermigas said. That's a feeling that Skaggs, the former congressman, understands. "Many thousands of men and women did an awful lot of hard and dangerous work out there for important national defense issues, and they deserve our thanks for all they did," he said. "Whether you agreed with our nuclear defense policy at the time, you still have to honor that work." It's not that simple to Ackland, the CU professor. There is the health of the former plant employees - a recent government report estimated that it will cost $2.5 billion to provide benefits to Rocky Flats workers over the next quarter-century. There is the ongoing question of radioactive and hazardous contamination at the site, and there are long-term monitoring costs. "To me," Ackland said, "all of that pales to the legacy of the fact that the community participated in the manufacture of weapons of mass destruction." And while Rocky Flats is gone, the bombs built here live on in the U.S. nuclear arsenal. "That's Rocky Flats' legacy now - all those warheads," said former U.S. Sen. Timothy Wirth. "That's a pretty sober note, but Rocky Flats was a pretty sober place." 2005 © Rocky Mountain News ***************************************************************** 52 Rocky Mountain News: A falling-out over fallout Experts say Flats is safe, but critics remain unconvinced By Todd Hartman, Rocky Mountain News October 13, 2005 The Rocky Flats bomb factory is gone, erased in a 10-year effort even critics concede represents an extraordinarily efficient environmental cleanup job. But little souvenirs have been left behind, all invisible to the naked eye: scattered atoms of plutonium, subterranean solvent plumes, contaminated groundwater and buried foundations - leftovers of the toxic workshops devoted for decades to making nuclear weapons. Even so, a wide array of experts, including the Department of Energy and a citizen board overseeing the cleanup, insist the freshly scrubbed 6,200-acre site is safe. Critics remain unconvinced. Rocky Flats is to become a wildlife refuge. Amid tallgrass prairie along the foothills of Jefferson and Boulder counties, families presumably will someday stroll. They'll see deer, songbirds and prairie dogs ramble on property once patrolled by gun-toting guards and sectioned off with foreboding fences of mesh and barbed wire. But the perception that Rocky Flats is still dangerous could prove a larger hurdle to overcome than any remnants of the environmental hazards that once made the plant a genuine threat to the community, said several people who've followed the cleanup. "It won't prevent me" from visiting, said Steve Gunderson, a top Colorado state environmental regulator who supervised much of the site's closure. "I have had my children visit during a family day a few years ago . . . I look forward to the day I can hike the trails around Rocky Flats." Even the roughly 400-acre industrial area, where 800 buildings devoted to the mission of making nuclear bombs were clustered, poses infinitesimal risk, regulators and other officials say. But that section won't be included in the wildlife refuge - not because it's dangerous but because the Department of Energy doesn't want the public to accidentally or intentionally interfere with monitoring equipment in place to track the contamination that does remain on site. The closure "is primarily designed to protect the (cleanup) from people, not to protect people from the (cleanup)," said David Abelson, executive director of the Rocky Flats Coalition of Local Governments, a watchdog group of cities and counties that surround the site. Plutonium levels in soil were the focus of much of the cleanup debate. In the end, a citizens' board, local governments and regulators agreed to require levels no higher than 50 picocuries per gram - or 50 trillionths of a curie per gram - in the first three feet of soil. Those levels reflect a statistical model based on a person likely to get the most exposure to the soil at Rocky Flats - a future wildlife refuge worker spending 40 hours a week at the site for 50 weeks a year. Such an exposure, regulators said, creates a 1 in 200,000 chance of contracting cancer. But even that calculation is conservative, said John Corsi, a spokesman for the cleanup contractor, Kaiser- Hill. That's because the vast majority of the site, including the massive buffer zone surrounding the former industrial core, has plutonium levels closer to background levels found in everyday life. Even assuming every acre of the site had levels of 50 picocuries per gram, the health risk is virtually nil, Corsi said, as it would expose the refuge worker to the equivalent of two millirems of radiation. A person is exposed to six millirems flying from Los Angeles to New York and back, he said. That also means a future visitor will have a risk "far less" than one in a million for cancer, Corsi said. "It is an infinitesimal risk compared to the other sources of radiation we're exposed to on a daily basis," Abelson said. "Those are the facts," Abelson said. "How people interpret the fact, well, that's a different matter." Victor Holm, a longtime chairman of the Citizens' Advisory Board that has overseen and endorsed Kaiser-Hill's cleanup plans, said that other toxins at Rocky Flats, including more mundane contaminants such as solvents that contaminated groundwater, are actually of greater potential risk. "It's hard to get anyone excited about that," Holm said. He believes people seize on radioactive contaminants because of the "terrible consequences" of nuclear war. But not everyone is as reassured about the safety of Rocky Flats. Some activists, including a former FBI agent who led a 1989 raid on Rocky Flats, searching for evidence of environmental crimes, maintain past operators of the plant engaged in illegal dumping that wasn't thoroughly investigated by the government. Though Rockwell, a former operator of the plant, admitted 10 environmental crimes and paid an $18.5 million fine as part of a plea agreement in 1992, activists say not all of the pollution was discovered and that the DOE has relied on false reports to conclude some parts of the site are clean. Government officials say that's not so. Still, the claims won't seem to go away. This week, a long-delayed trial opened in federal court pitting neighbors of the site against former site operators. Plaintiffs say Rocky Flats cut their property values and exposed them to health risks - claims defendants vigorously dispute. Peace activist LeRoy Moore, who has spoken out against Rocky Flats since 1978, commended the cleanup, calling it "a hard job" and "a big step forward (that has made) the site a whole lot safer than it used to be." But, Moore said, that doesn't mean it's safe. He's convinced the public needs to know more about exposures to low doses of radiation. He cited a recent study from the National Academy of Sciences that he said concluded there is no such thing as a safe dose of radiation. "I hear from people near and far who are quite surprised at turning Rocky Flats into a playground, where people can hike and bike and ride horses," Moore said. "I can only imagine they're doing it because they want us to believe it's OK, but it's an unwise thing to do. It would be better to retain it as open space and not allow people to go onto it, and continue to look more closely at" risks. 2005 © Rocky Mountain News ***************************************************************** 53 Las Vegas SUN: DOE audit: Security upgrades lagging at federal nuclear sites Today: October 13, 2005 at 14:58:39 PDT ASSOCIATED PRESS LAS VEGAS (AP) - Security upgrades ordered in 2003 are behind schedule at nuclear weapons installations, including the Nevada Test Site, the Energy Department's inspector general said. Meanwhile, guards at National Nuclear Security Administration sites are working too much overtime, which can erode security effectiveness, inspector general auditors said in a new report. The 18-page report made public Wednesday in Washington, D.C., said upgrading security is critical to protecting nuclear weapons and material that could be used to make them. An official with the NNSA - the Energy Department branch that manages the nuclear weapons complex - said Thursday the agency already was addressing issues in the audit. "The things that have been identified in the report with respect to the Nevada Test Site are nothing new to us," said Kevin Rhorer, an NNSA spokesman in North Las Vegas. "They have been reported before. We are taking steps to address and correct them." Auditors found similar conditions between August 2004 and August 2005 at NNSA sites, including Sandia National Laboratories in New Mexico, the Pantex Plant in Texas and the Y-12 National Security Complex in Tennessee, as well as the Office of Secure Transportation, which oversees nuclear materials shipping from Albuquerque, N.M. Due to security concerns, the report did not link findings and sites, Inspector General Gregory Friedman said in his cover letter to Energy Secretary Samuel Bodman. The report said about 87 percent of security plans due to be in place by next October have yet to be implemented, including the hiring of additional guards, new building designs and training. It said systems including thermal imaging, laser detection, ground surveillance, Doppler radar, remote cameras and sensing equipment had not been procured. Previous reports have described security lapses at the Nevada Test Site, including an inspector general report in February about two employees who brought unauthorized handguns onto the site, and earlier accounts of security guards performing poorly during a mock terrorist attack in August 2004. The Energy Department is preparing to announce whether it will renew a five-year contract with Wackenhut Services Inc. for security at the vast test site, 65 miles northwest of Las Vegas. The current contract expires Dec. 31. On the Net: Energy Department Inspector General report: http://www.ig.doe.gov/pdf/ig-0705.pdf Nevada Test Site: http://www.nv.doe.gov/nts All contents copyright 2005 Las Vegas SUN, Inc. ***************************************************************** 54 DOE: Environmental Management Site-Specific Advisory Board, Hanford FR Doc 05-20507 [Federal Register: October 13, 2005 (Volume 70, Number 197)] [Notices] [Page 59737] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr13oc05-68] AGENCY: Department of Energy. ACTION: Notice of open meeting. SUMMARY: This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EMSSAB), Hanford. The Federal Advisory Committee Act (Pub. L. No. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the Federal Register. DATES: Thursday, November 3, 2005, 9 a.m.-5 p.m. Friday, November 4, 2005, 8:30 a.m.-4 p.m. ADDRESSES: University Tower Hotel, 4507 Brooklyn Avenue NE., Seattle, Washington 98105, Phone Number: (206) 634-2000, Fax Number: (206) 545- 2103. FOR FURTHER INFORMATION CONTACT: Yvonne Sherman, Public Involvement Program Manager, Department of Energy Richland Operations Office, 825 Jadwin, MSIN A7-75, Richland, WA, 99352; Phone: (509) 376-6216; Fax: (509) 376-1563. SUPPLEMENTARY INFORMATION: Purpose of the Board: The purpose of the Board is to make recommendations to DOE in the areas of environmental restoration, waste management, and related activities. Tentative Agenda: Advice on Hanford's Bulk Vitrification Project. Government Accountability Office's report dealing with DOE's contracting issues. Hanford Advisory Board (HAB) public speaker availability process. Panel discussion with University of Washington faculty involved in Hanford research. HAB values for prioritization of cleanup work. Tank waste issues discussion. Public Participation: The meeting is open to the public. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to agenda items should contact Yvonne Sherman's office at the address or telephone number listed above. Requests must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comment will be provided a maximum of five minutes to present their comments. Minutes: The minutes of this meeting will be available for public review and copying at the U.S. Department of Energy's Freedom of Information Public Reading Room, 1E-190, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585 between 9 a.m. and 4 p.m., Monday-Friday, except Federal holidays. Minutes will also be available by writing to Erik Olds, Department of Energy Richland Operations Office, 825 Jadwin, MSIN A7-75, Richland, WA 99352, or by calling him at (509) 376-1563. Issued at Washington, DC, on October 6, 2005. Carol Matthews, Acting Advisory Committee Management Officer. [FR Doc. 05-20507 Filed 10-12-05; 8:45 am] BILLING CODE 6450-01-P ***************************************************************** 55 Tri-Valley Herald: Livermore's Superblock deemed OK Article Last Updated: 10/13/2005 02:48:16 AM After spending $3 million on upgrades, lab scientist resumes plutonium experiments By Ian Hoffman, STAFF WRITER With a nod from federal overseers, scientists are resuming plutonium experiments and small-scale manufacturing at Lawrence Livermore lab's Superblock, one of the nation's two secret, fortress-like labs for handling weapons-grade plutonium. It took months of safety studies by two separate teams of experts, but recently they concluded that Superblock was ready for workers to start handling plutonium again inside its fortified rooms. "We are dedicated to operating a safe and secure facility," said Livermore's weapons chief, Bruce Goodwin. "We all live in this area, and I am personally committed to that." After criticism from a federal nuclear-safety board, Goodwin halted most work at Superblock in January and directed workers to study safety deficiencies that had developed over recent decades. Lab officials ended up spending close to $3 million on the effort, much of it on hiring new nuclear-safety engineers to scrutinize the building's central nerve systems of alarms, sprinklers, ventilation and backup power. Plutonium metal can spontaneously ignite in air, and an earthquake, terrorist attack or accident poses a risk of releasing cancer-causing plutonium into neighborhoods nearby. That classifies Superblock as a "high-hazard" facility, and all of its safety systems work together to preventsuch a release. In the last decade, workers have performed millions of dollars in repairs to the 1960s-vintage building and installed new safety features. But a little-known agency full of nuclear-safety engineers — the Defense Facilities Safety Board — found the lab hadn't documented some of them and so didn't know how well they would work together in an emergency. Engineers now have pored over virtually every inch of the pipes, valves and wiring that makes up Superblock's safety net. They replaced some valves and alarms and repaired some seismic braces. They've tested the fire suppression system to ensure enough pressure reaches the farthest sprinklers in the building. They've rewritten many of the rules for day-to-day handling of plutonium and other radioactive materials. Two teams of safety and operations experts from the lab and the National Nuclear Security Administration, the nuclear weapons arm of the U.S. Department of Energy, studied the facility closely to see whether it was ready to resume work. Last week, NNSA's chief overseer for Livermore, Camille Yuan-Soo Hoo, gave a green light to Livermore to restart plutonium operations on a limited basis. "This is an important milestone on the path to full resumption of activities," said John Belluardo, an NNSA spokesman. "It will be several more months until all the corrective actions are completed." Until then, Superblock will operate with sharply reduced limits on the amount of plutonium allowed in its pressure-controlled labs, generally about a fourth of the materials limits allowed before work was suspended. One of the biggest jobs remaining is something called the "designated safety analysis," a massive study of the work done inside Superblock and prescriptions for lowering the risk of an accident. Federal safety overseers found that Livermore's previous versions improperly assumed Superblock would contain virtually all of its plutonium even if some of its safety systems failed. The new study assumes the safety systems are crucial for containment. When the study is complete, NNSA will consider easing the materials limit and allowing more work. Full electronic documentation of Superblock's safety systems could take a few years to complete, but the NNSA has indicated to lab officials that the agency will try to spend an additional $6 million a year on that and other safety-related projects at Superblock. The safety work remains important, Goodwin said, even in light of several proposals to close Superblock and consolidate all of the nation's plutonium work in a new, underground bunker complex, proposed for remote, federally held desert in Nevada or Idaho. Construction of such a facility is years away and will be expensive, Goodwin said. "The soonest you could think about consolidating plutonium activities out of Livermore would be 2015," he said. "And you can't slack off on your safety or stop operating the building until all the plutonium is gone." Tri-Valley Herald All Rights Reserved ***************************************************************** 56 LongmontFYI: Flats cleanup nearly complete www.longmontfyi.com Publish Date: 10/13/2005 Rep. Mark Udall speaks to reporters at Rocky Flats on Wednesday afternoon after touring the former nuclear weapons production site. Cleanup contractor Kaiser-Hill plans to declare its work at the site finished in a few days. Workers shipped out the last trainload of radioactive waste last week and tore up the railroad tracks a few days later. Times-Call/Brad Turner Flats cleanup nearly complete Crews turned ‘bombs into birds,’ congressman says By Brad Turner The Daily Times-Call ROCKY FLATS — Rep. Mark Udall marveled at Rocky Flats’ open hillsides during a site tour Wednesday, as contractors at the former nuclear weapons production plant prepared to declare the property’s cleanup finished. Cleanup crews have leveled nearly 150 buildings at the site since 1995, opening up miles of rolling prairie and 360-degree views. “You had a remarkable metamorphosis out here over the last 10 years,” the Democratic congressman said after an hourlong drive around the site south of Boulder. “For all intents and purposes, the goal has been reached. ... We truly turned bombs into birds, weapons into wildlife.” Kaiser-Hill, the company managing the site’s $7 billion decontamination, may officially declare the decade-long cleanup complete by the end of the week, company spokesman John Corsi said. Workers shipped out the last trainload of radioactive waste last week and tore up the railroad tracks a few days later. The recent discovery of hot spots near the most contaminated area in the industrial site was a concern, but the cleanup has been handled competently and openly, Udall said. “We’ll continue to make sure the Department of Energy follows through,” he said. “We have every right to remain vigilant.” Udall used the visit to plug the conversion of the 6,500-acre site, which made explosive plutonium cores for nuclear weapons during the Cold War, to a wildlife refuge with public access. The former industrial site — between 1,000 and 1,500 acres — will remain off-limits. “It’s a remarkable view,” Udall said. “You have a feeling of big, Western skies. This is where the prairie meets the mountains.” He commended the plant’s longtime employees, who processed plutonium in the Cold War but ultimately “worked themselves out of a job” by working to decontaminate the site since the plant shut down in 1989. A few remaining Kaiser-Hill employees spent Wednesday doing last-minute reseeding work around the former industrial site, Department of Energy spokesman John Rampe said. Brad Turner can be reached at 720-494-5420, or by e-mail at bturner@times-call.com. News and Information from Longmont and Northern Colorado All contents Copyright © 2005 Daily Times-Call. All rights ***************************************************************** 57 PRN: Kaiser-Hill Announces Physical Completion of Rocky Flats Cleanup Thursday 13 October 2005, 18:44 GMT GOLDEN, Colorado, October 13 /PRNewswire/ -- Kaiser-Hill, a joint venture of CH2M HILL and Kaiser Group Holdings, Inc., has successfully completed the physical work to clean up and close Rocky Flats, per the terms of its contract with the U.S. Department of Energy (DOE). The Rocky Flats Site near Denver, Colorado produced plutonium and enriched uranium "triggers" for nuclear weapons from 1952 until 1989. Every nuclear weapon in the current U.S. arsenal contains triggers produced at Rocky Flats. Kaiser-Hill's cleanup effort began in 1995. Today's announcement represents the culmination of a ten year effort to complete the largest, most complex environmental cleanup project in United States history and converts an environmental liability into a community asset. Rocky Flats is also the first large nuclear weapons facility to be decommissioned and closed anywhere in the world. The site will become a national wildlife refuge. Kaiser-Hill President and CEO Nancy Tuor emphasized her appreciation for DOE's leadership and management of the innovative contract. The contract arrangement motivated industry-leading safety performance and technical innovation that helped shave more than 60 years and US$30 billion off initial estimates of the cleanup. "The safe accelerated closure of Rocky Flats is a tribute to the tireless efforts of our dedicated and immensely talented workforce," said Tuor. "This is the same workforce that helped win the Cold War and then demonstrated great flexibility and skill by transitioning to a world-class nuclear decommissioning workforce. These workers, in partnership with community leaders, elected officials, regulators and many other committed individuals have delivered this historic accomplishment for the people of Colorado and the U.S. Government." The Rocky Flats Closure Project was an enormous undertaking. To complete its mission, Kaiser-Hill: - Removed more than 21 tons of weapons-useable nuclear materials - Decontaminated and demolished 800 structures, comprising more than 3 million square feet - Drained 30,000 liters of plutonium solutions - Size reduced and removed more than 1,450 contaminated production glove boxes and 700 tanks - Stabilized and packaged 100 tons of high-content plutonium residue - Performed environmental cleanup actions at 130 sites - Dispositioned millions of classified items and excess property - Safely shipped more than 600,000 cubic meters of radioactive waste -- enough to fill a string of railcars 90 miles long The Department of Energy will now review Kaiser-Hill's declaration of physical completion. This process, required by the closure contract, will proceed over the next several weeks. Final acceptance of the work is the next step in the transition of the site to the Rocky Flats National Wildlife Refuge. About Rocky Flats Rocky Flats is a Department of Energy-owned cleanup and closure site operated by Kaiser-Hill Company under an accelerated closure contract. The Rocky Flats mission included special nuclear material management and shipment, nuclear deactivation and decommissioning, waste management and shipment, environmental cleanup and site closure. When cleanup is complete, the site will be transitioned to a National Wildlife Refuge managed by the US Fish & Wildlife Service. Contact: John Corsi, +1-303-966-6526 Distributed by PR Newswire on behalf of Kaiser-Hill PR Newswire Europe Ltd. ***************************************************************** 58 Guardian Unlimited: $7B Cleanup at Rocky Flats Said Finished From the Associated Press [UP] Thursday October 13, 2005 7:16 PM By DAN ELLIOTT Associated Press Writer DENVER (AP) - The contractor hired to clean up the former Rocky Flats nuclear weapons plant declared the $7 billion, 10-year project completed Thursday, a major milestone in the conversion of the site to a wildlife refuge. Kaiser-Hill Co. said it was proud of the effort to ``complete the largest, most complex environmental cleanup project in United States history.'' However, it could be months before the site on the rolling plains northwest of Denver is opened to the public, because federal regulators must certify it as safe. The Energy Department has 90 days to accept the project and can ask Kaiser-Hill to address any concerns. After that, the Environmental Protection Agency and state officials must verify that the work meets various guidelines. Rocky Flats made plutonium triggers for nuclear weapons until 1992, when it was shut down because of safety concerns and the end of the Cold War. The core plant, covering nearly 400 acres inside a 6,000-acre buffer zone, once contained 800 buildings. More than 2,000 truckloads of waste from Rocky Flats were shipped to a repository near Carlsbad, N.M., and at least 1,900 containers of plutonium were sent to the Savannah River nuclear weapons installation in South Carolina. In all, more than 21 tons of weapons-useable nuclear material were removed, Kaiser-Hill said. Sen. Wayne Allard, R-Colo., pronounced Rocky Flats ``the best example of a nuclear cleanup success story ever.'' Parts of the site will eventually be opened to the public as a federal wildlife refuge, but some areas where the contamination was worst will remain off-limits. ``As a result of everyone's hard work, Rocky Flats will now become a jewel of open space to be enjoyed in perpetuity,'' said Rep. Bob Beauprez, R-Colo. Rep. Mark Udall, D-Colo., toured the site Wednesday and said nothing remained of the weapons plant. ``We are, in sum, much safer than we were, and I say that as someone who lives just three miles from the site,'' the congressman said. Guardian Unlimited © Guardian Newspapers Limited 2005 ***************************************************************** 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: *****************************************************************