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Send News Stories to news@energy-net.org with title on subject
line and first line of body
NUCLEAR POLICY
1 RIA Novosti: Russia to mull sanctions if Iran fails to respond - FM
2 IRNA: UNSC discusses Iran's N-case behind closed doors
3 AFP: Roh warns against overreacting to North Korean missile tests -
4 Guardian Unlimited: South Korea Says North May Spark Arms Race
5 IPS-English G8 SUMMIT: U.S., Russia, In New Nuclear Deal
6 AFP: US hints Rice still has ASEAN plans
7 India News: Indias top atomic centre in search of commercial benefi
8 Interfax: Russian nuclear testing ground remains ready - Ivanov
9 RIA Novosti: Russia observes nuclear test moratorium - Ivanov
10 Guardian Unlimited: Reports: Russia Ready to Conduct Nuke Test
NUCLEAR REACTORS
11 July 19 2006 Heat Wave: Nuclear power has egg on its face
12 Rediff: US firms crave India's huge nuclear energy biz
13 The Herald: Deep water windfarm ‘key to EU energy plans’
14 US: NRC: Office of Management and Budget (OMB) Review; Comment Reque
15 HVN: Area lawmakers call on House panel to act on Indian Point Safet
16 US: Portsmouth Herald: NRC: Seabrook may face penalty
17 Japan Times: Shika reactor has cracked blades
18 icNorthWales: Report backs nuclear
19 SMN: Bulgarian Customs Stop Truck Carrying Radioactive Cargo
NUCLEAR SECURITY
20 Interfax: All nuclear facilities in Russia reliably protected - Rosa
21 US: UPI: DHS launches $1.2B nuke port security plan
22 UPI: Russian nuke chief: facilities are safe
23 Sydney Morning Herald : Uranium enrichment a terror risk - Greens -
NUCLEAR SAFETY
24 US: Madison Courier: Huntington wants depleted uranium testing exten
NUCLEAR FUEL CYCLE
25 US: Bradenton Herald: Tallevast pre-trial begins next week
26 DOE: DOE Announces Yucca Mountain License Application Schedule
27 BBC: Hot spots
28 Platts: ITC to retain agreement barring Russian uranium dumping - US
29 US: Platts: DOE announces target date for receiving spent fuel
30 Platts: Cogemea Pierrelatte must keep enrichment level under 1% - A
31 reviewjournal.com: New target set for receiving waste at Yucca
32 US: NRC: Omaha Public Power District Independent Spent Fuel Storage
33 Las Vegas SUN: Doubts Raised Over Nuclear Waste Plan
34 People's Daily Online: Colombia bars entry of toxic, nuclear waste
35 US: Lincoln County News: Regional Nuclear Disposal Site at Maine Yan
36 US: Deseret News: Sierra Club wants to block uranium waste shipments
37 AU ABC: US moves to block uranium enrichment don't faze PM.
38 AU ABC: Indigenous community to challenge nuclear dump proposal.
39 AU ABC: Howard wants nuclear waste dump in Australia, Opposition say
40 News & Star: Sellafield probe into water leak from pond
41 times and star: Nuke plant in hot water again
42 Australian: Nuclear opportunity seen as too good to waste |
PEACE
US DEPT. OF ENERGY
43 DOE: 48 CFR Parts 904 and 952
44 SF Chronicle: Big Dig tragedy could stain Bechtel's name / Delays, c
45 KCBJ: Honeywell will run KC plant through 2010 -
46 DOE: Reservation: Oak Ridge
47 Pike County News Watchman: USEC payment stoppage reported
48 Knox News: Munger: May incident another setback in reactor cleanup
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FULL NEWS STORIES
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1 RIA Novosti: Russia to mull sanctions if Iran fails to respond - FM Lavrov
19/ 07/ 2006
MOSCOW, July 19 (RIA Novosti) - Should Iran fail to respond to
demands from the UN's nuclear watchdog, Russia will be ready to
discuss economic sanctions at the UN Security Council, the
foreign minister said Wednesday.
Unlike the United States and some European countries,
veto-wielding Russia and China, have opposed sanctions against
Iran, where they have significant economic interests, and they
could opt for less stringent punitive measures over the
country's controversial nuclear programs.
But Sergei Lavrov said in an interview with Ekho Moskvy (Echo of
Moscow) radio station to be broadcast Thursday that Moscow's
position on the issue might change if the Islamic Republic
failed to cooperate with the UN's nuclear watchdog, the
International Atomic Energy Agency.
"If the first resolution urging Iran to respond to IAEA demands
fails to work, we have agreed that additional measures,
including economic sanctions, will eventually be discussed," he
said.
Iran has yet to respond to the incentives proposed by six
international mediators in a bid persuade Tehran to halt uranium
enrichment.
"We will be ready to adopt a resolution putting teeth into the
IAEA demands to Iran," Lavrov said.
© 2005 RIA Novosti
*****************************************************************
2 IRNA: UNSC discusses Iran's N-case behind closed doors
United Nations, New York, July 19, IRNA
Iran-UNSC-Nuclear
Permanent members of the United Nations Security Council on
Tuesday held a session behind closed doors to discuss Iran's
nuclear case.
The five veto-wielding members of the Security Council --
China, Russia, the United States, Britain and France -- met in
session upon a request of the US in the wake of the escalation
of Zionist military attacks on Lebanon and Palestine and
increasing number of casualties.
The session ended without any decision reached by the five
states.
The UNSC held the session on Iran's nuclear case on the request
of the US, which only last week blocked attempts by the UNSC to
pass a resolution aimed at putting an end to the Zionist
regime's aggression on civilians and infrastructure of Lebanon.
Iran, on June 6, was offered a package of incentives by the UN
Security Council's five permanent members -- Russia China, US,
UK and France -- plus Germany through EU foreign policy chief
Javier Solana in exchange for suspension of uranium enrichment
and resumption of talks to settle the dispute over its nuclear
program.
The five UNSC permanent members, eager to obtain a speedy reply
from Iran to the offer, agreed to return Iran's dossier to the
Council on July 12.
Iran, however, has insisted it will not be pressured to give a
reply before the end of the Iranian month of Mordad (Aug 21).
At the end of the 20-minute session of the Security Council on
Tuesday, French UN Ambassador Jean-Marc de la Sabliere, the
Council's president for July, refused to comment about the
session.
Besides Sabliere, representatives from the US, Britain, Russia,
China and Germany were present in the meeting.
*****************************************************************
3 AFP: Roh warns against overreacting to North Korean missile tests -
Wed Jul 19, 4:21 AM ET
SEOUL (AFP) - South Korean President Roh Moo-Hyun " /> has warned
against overreacting to North Korea " /> 's missile tests as
Japan considered further financial sanctions against the
impoverished communist state.
"There is a movement in some part of the world that creates
unnecessary tensions and confrontation by overreacting to the
situation. It will not be helpful to the solution of the issue,"
Roh told a security meeting of cabinet ministers.
"We have to keep this point in our mind in light of the
situation on the Korean peninsula," he said.
However Roh also described the missile tests as the "wrong
behavior" which could trigger a regional arms race, according to
his top security secretary, Song Min-Soon.
"North Korea's missile tests were wrong behavior that has
damaged peace and stability on the Korean peninsula, raised
tensions and sparked a regional arms race that will not help any
country," Roh was quoted as saying.
"At today's meeting, cabinet ministers shared the view that this
is not the time to escalate tensions but to make utmost efforts
in order to seek a peaceful solution to the issue through
dialogue," Song said.
North Korea test-fired seven missiles on July 5, sparking
international condemnation.
The UN Security Council passed a resolution requiring nations to
prevent the shipment of equipment and technology for the North's
missile or weapons of mass destruction programmes.
Pyongyang rejected the resolution and vowed to bolster its
defences. A South Korean unification ministry official said the
North has put its armed forces on alert since the launches.
Leader Kim Jong-Il has issued an order for the military to step
up vigilance, he said on condition of anonymity.
The official, however, denied a press report that North Korea
had launched a "wartime" alert which would mobilize the armed
forces and citizens for possible conflict.
The alert might be related to the missile launch but it could
also be part of ongoing military training that began early this
month, he said.
North Korea announced a war mobilization in 1993 at the height
of a stand-off with the United States over its nuclear weapons
program.
Tokyo has led the drive to punish Pyongyang for its missile
tests, while South Korea
" /> has pledged to press the North through dialogue rather than
punishment.
Japan will reportedly impose financial sanctions on North Korea
early next month, citing the UN resolution that demands the
suspension of the communist state's missile program.
Japanese ministers said Tuesday they were preparing the
financial sanctions but declined to outline them in detail or
say when they would take effect, the Yomiuri Shimbun reported.
Japan would freeze North Korea-related assets in the country and
ban sending money to the state from early August, the paper said.
Copyright © 2006 Agence France Presse. All rights reserved. The
*****************************************************************
4 Guardian Unlimited: South Korea Says North May Spark Arms Race
From the Associated Press
[UP]
Wednesday July 19, 2006 11:46 AM
AP Photo SEL106
By BO-MI LIM Associated Press Writer
SEOUL, South Korea (AP) - South Korea's president on Wednesday
condemned North Korea for potentially sparking an arms race with
its recent missile launches, while the North said it was ending
reunions between relatives separated by the Korean Peninsula
divide.
South Korean President Roh Moo-hyun said the missile launches
increased tensions on the Korean Peninsula. But he also told a
meeting of top security officials that excessive responses
``don't help solve the issue,'' according to presidential
adviser Song Min-soon.
He didn't name a specific country, but Roh previously has
criticized Japan after reports that Tokyo was considering a
pre-emptive strike against North Korea. Japan in recent days has
said it is moving to impose sanctions against the communist
nation.
Earlier this month, the North defied international opposition
and tested a long-range missile believed capable of reaching the
U.S., along with six other short- and medium-range missiles.
The tests prompted the U.N. Security Council to pass a
resolution Saturday barring U.N. member countries from
missile-related dealings with the North. However, in the face of
a likely Chinese veto, the resolution wasn't backed by threat of
military force.
The missile crisis has become one of the strongest challenges
yet to South Korea's policy of engagement with the North that
has been fostered since leaders of the two Koreas held their
first and only summit in 2000.
North Korea said it would not arrange more reunions of relatives
separated by the division of the Korean Peninsula, a key part of
reconciliation efforts. The announcement came days after the
South refused to discuss humanitarian aid at high-level talks
unless there was a breakthrough on the North's missile or
nuclear weapons programs.
``The humanitarian undertakings have virtually ceased to exist
between the North and the South,'' Jang Jae On, head of the
North Korean Red Cross Society, wrote in a letter to his South
Korean counterpart.
``Our side is, therefore, of the view that it has become
impossible to hold any discussion related to humanitarian
issues, to say nothing of arranging any reunion between
separated families,'' Jang added, according to the North's
official Korean Central News Agency.
At Roh's security meeting Wednesday, the South Korean government
decided it would seek to solve the missile issue peacefully
through dialogue and exert diplomatic efforts to bring North
Korea back to stalled international nuclear talks, Song said.
Also Wednesday, South Korean Foreign Minister Ban Ki-moon urged
the North to return to the six-nation talks. The negotiations
last convened in November, where they failed to make progress
toward implementing a September agreement in which the North
pledged to abandon its nuclear programs in exchange for security
guarantees and aid.
North Korea has since refused to return to the negotiating table
in anger over financial restrictions imposed by the U.S. for
alleged illegal activities including counterfeiting and money
laundering. The U.S. also accused eight North Korean companies
of being fronts for proliferation of weapons of mass
destruction.
Should the North continue to boycott the nuclear talks, ``there
is need to make efforts for the advancement of the (September)
statement through five-way talks'' without North Korea, Ban
said.
Song stressed that five-way talks, if held, would be ``part of a
process to make constructive and real progress at the six-party
talks,'' he said.
Meanwhile, a scheduled trip by Secretary of State Condoleezza
Rice to South Korea later this month could be delayed because of
tensions in the Middle East, Ban said.
Rice's planned trip to South Korea, part of an Asia tour, would
have created an opportunity for more diplomacy to resolve the
standoff over North Korea.
---
Associated Press reporter Kwang-tae Kim contributed to this
report.
Guardian Unlimited © Guardian Newspapers Limited 2006
*****************************************************************
5 IPS-English G8 SUMMIT: U.S., Russia, In New Nuclear Deal
Date: Wed, 19 Jul 2006 14:31:20 -0700
X-Nohoney: yes white-hard - relay H=adsl-63-203-231-61.dsl.snfc21.pacbell.net (borg.energy-net.org) [63.203.231.61]
X-Spam-Class: HAM-VERY-WHITELIST
ROMAIPS EU WD IP G8=20
G8 SUMMIT: U.S., Russia, In New Nuclear Deal
By Kester Kenn Klomegah
MOSCOW, Jul 19 (IPS) - After the decades of a nuclear standoff during the=
Cold War, the United States and Russia, the biggest remnant of the old S=
oviet Union, are now moving towards nuclear cooperation.
Russian President Vladimir Putin and U.S. President George W. Bush have d=
eclared their common commitment to combating the threat of international =
nuclear terrorism. That agreement came in a joint statement at the G8 sum=
mit earlier this week.
This was one of a series of measures to boost nuclear security cooperatio=
n between the two countries following several years of negotiations.
Signed by the two leaders at the end of June, the agreement was made publ=
ic during the G8 summit which brought together leaders from the G8 countr=
ies (the United States, Canada, Britain, France, Germany, Italy, Russia a=
nd Japan). The summit was held in St. Petersburg in Russia.
Russia, as this year's G8 president, has made energy security a priority =
though it also listed education and infectious diseases as prime issues. =
The energy priority came after some resistance in the West to Moscow's ef=
forts to use its vast hydrocarbon and nuclear resources as geopolitical l=
everage for domination.
But the G8 leadership did speak in one voice on several issues.
=94We welcome the important non-proliferation commitments India has made,=
and India's closer alignment with the non-proliferation regime mainstrea=
m,=94 Bush and Putin said in a joint statement. =94We look forward to wor=
king with India on civilian nuclear cooperation to address its energy req=
uirements, and on further enhancing the global non-proliferation regime.=94
The Indian government recently agreed to allow international inspectors a=
nd safeguards at 14 civilian nuclear reactors -- part of a proposed nucle=
ar energy agreement with the United States. In return, the Bush administr=
ation would ship nuclear fuel to India.
Experts said the new agreement suggests that the presidents would move to=
wards wholesale cooperation on nuclear resources and related industries.
=94For the United States and Russia to come to terms over nuclear energy =
simply demonstrates some common understanding, and would further remove r=
estrictions on any aspects of cooperation in the industry,=94 head of the=
Carnegie Endowment for International Peace in Moscow Rose Gottemobller t=
old IPS.
=94It has not been signed earlier than now because the U.S. was deeply co=
ncerned about the Russian level of cooperation in civilian nuclear indust=
ry and Russia-Iranian uranium deals and the building of a nuclear rector =
in Iran. But now it's a significant diplomatic breakthrough and a major s=
tep forward in their efforts in this field,=94 she said.
In a joint statement, the United States and Russia called upon other nati=
ons to accelerate efforts to develop partnership capacity to combat nucle=
ar terrorism on a determined and systematic basis.
=94We will take steps to improve participants' capabilities, physical pro=
tection of nuclear material and radioactive substances, as well as securi=
ty of nuclear facilities; detect and suppress illicit trafficking or othe=
r illicit activities involving such materials, especially measures to pre=
vent their acquisition and use by terrorists, respond to and mitigate the=
consequences of acts of nuclear terrorism,=94 the statement said.
The G8 also called on all states that are not signatories to the treaty o=
n the non-proliferation of nuclear weapons, the chemical weapons conventi=
on and the biological weapons convention as well as the Hague code of con=
duct against ballistic missile proliferation to immediately ratify these =
agreements.
Despite the final declaration some problems remain, especially with China=
and North Korea. China has not distanced itself from North Korea to the =
extent that Western nations want. Putin said it is necessary to return to=
the negotiation table on North Korea's nuclear programme as soon as poss=
ible.
But he made note of the =94cautious optimism=94 of the Chinese leader. =94=
Chairman Hu Jintao expressed cautious optimism that it is still possible =
to resolve the North Korean problem by political and diplomatic means, to=
create conditions for making the peninsula a nuclear-free zone and negot=
iate missile problems,=94 Putin told a news conference.
The adoption of the United Nations Security Council resolution on North K=
orea's missile programme is a signal to Pyongyang, the Russian foreign mi=
nistry announced.
=94This UN security council resolution sends a strong signal to North Kor=
ea to continue the talks in the interests of stronger security and stabil=
ity in this region of Asia,=94 the ministry said in a release. (END/IPS/E=
U/WD/IP/G8/KK/SS/06)
=20
=3D 07190859 ORP004
NNNN
*****************************************************************
6 AFP: US hints Rice still has ASEAN plans
July 20, 2006 05:44 AM
WASHINGTON (AFP) - The United States sent a strong hint that
Secretary of State Condoleezza Rice would still go to next week's
Asian security forum, despite her possible Middle East peace
mission.
Host Malaysia had earlier warned that Rice, who skipped the
meeting last year, would send a negative message with another
no-show at the Association of Southeast Asian Nations (ASEAN).
State Department spokesman Sean McCormack declined to go into
Rice's travel plans, but said she hoped to use the forum to
ratchet up pressure on North Korea for a return to six party
nuclear talks.
"When Secretary Rice travels to the ASEAN ... forums, there will
be plenty of opportunity to meet in bilateral format, as well as
in groupings, to talk about the North Korea issue and the way
forward," he said.
"We don't have any announcements with regard to particular
meetings, but you can be certain that North Korea is going to be
a topic of heavy discussions at these meetings."
McCormack had no comment on a statement by South Korean Foreign
Minister Ban Ki-Moon that Rice may postpone a trip to Seoul, due
to have been part of her five-nation Asian tour.
The top US diplomat was also scheduled to visit China and Japan
and is also expected in Vietnam.
The Bush administration has said Rice will go to the Middle East
soon, but is yet to name a date, saying the trip will only go
ahead when conditions are right.
She is widely expected to head to the region as early as this
weekend or early next week, which would leave to some hasty
rearranging of her Asian itinerary.
Malaysian Foreign Minister Syed Hamid Albar earlier told AFP he
was still hoping to see Rice.
"Last time there was also a crisis, this time there is also a
crisis, but we have not received any news of her non-attendance
and we are looking forward to her presence," Syed Hamid said.
"I think this is a time that we would not like to see the
impression or the perception of a gap, or the non-importance of
ASEAN in terms of the US."
Syed Hamid took a conciliatory line on Rice's no-show at the
last ARF in Laos, saying the region was eager to get on with
business with Washington.
"Of course her non-attendance -- I think everybody was
disappointed that she was not able to come, but we could
understand her reasons for not being able to come," he said.
Rice pleaded schedule commitments last year when she slighted
the talks, sending her deputy Robert Zoellick, who has since
stepped down.
ASEAN groups Brunei, Cambodia, Indonesia, Laos, Malaysia,
Myanmar, the Philippines, Singapore, Thailand and Vietnam.
The ARF brings together ASEAN with its key partners including
China, Japan, Russia and South Korea.
Copyright © 2006 AFP. All rights reserved. All information
*****************************************************************
7 India News: Indias top atomic centre in search of commercial benefits -
Last update: Thursday, July 20th, 2006 11:15:33 AM
Wednesday, July 19th, 2006
Chennai - From making radio-imaging cheaper to helping in
diagnosis of neurological disorders, Indias premier atomic
research centre has taken on diverse roles as it seeks to
exploit its commercial potential in its 50th year of operation.
With the increase in grants for research and development, the
Bhabha Atomic Research Centre (BARC) at Trombay, near Mumbai,
hopes its two-dozen super specialty centres across the country
will be able to effectively use its scientific research pool in
the commercial sector.
In the US, the non-power application of nuclear energy is more
of a money earner, BARC director S. Banerjee, who is also
member of Indias Atomic Energy Commission, told IANS at a
celebration function at Kalpakkam, near here.
BARC has set up a medical cyclotron at the Radiation Medical and
Clinical Research Centre at the Tata Memorial Cancer Research
Hospital in Mumbai to make radio-imaging cheaper.
With millions of people receiving radiation therapy in India
every year, the Department of Atomic Energy (DAE) is looking for
private partners for commercial manufacture of the cobalt unit,
named Bhabhatron (after Indias pioneering atomic energy
scientist Homi Bhabha) that BARC patented in 2005.
The Bhabhatron machine can provide state-of-the-art treatment
in rural areas at low cost. At least 1,000 such machines are
needed in the country for the treatment of cancer, Banerjee
said.
Moreover, its export potential to developing countries is huge.
If there are 300 cobalt radiation units in the country, 299 of
them have been imported, Banerjee said.
BARC radioisotopes are also being used for diagnosis of cardiac
and neurological disorders and diseases of thyroid, lung, heart
and kidney and sterilize medical disposable products. Plants
have been set up in Bangalore, Delhi, Jodhpur and Kolkata to
produce radioisotopes.
The Variable Energy Cyclotron Centre at Kolkata and the Raja
Ramanna Centre for Advanced Technology at Indore support food
preservation, radiation processing of materials, curing
adhesives and paints, colouring diamonds and making reactor-used
water non-hazardous.
Gamma scanning helps detect cracks in metals and leaks in buried
pipelines. As many as 1,000 BARC designed industrial
radiographic cameras are in use today.
BARC tracers are used for silt movement studies in harbours and
to map ground water. A major study of how sewage goes into the
sea was done recently in Mumbai.
BARCs nuclear agriculture programme and desalination technology
are also in high demand.
BARCs Nuclear Fuel Complex (NFC) in Hyderabad, set up in the
early 70s, makes different kinds of seamless alloy tubes, a
technology that is sought after for next generation reactors.
This expertise is at present sold only to the Indian Navy,
Hindustan Aeronautics Limited, the Indian Space Research
Organisation (ISRO) and other defence organisations.
Kamini, a 30-KW reactor at the Indira Gandhi Centre for Atomic
Research at Kalpakkam, is a pioneer in thorium research.
A 100-KW High Temperature Reactor is being developed to provide
electricity in remote places with the use of a special
Thorium-Uranium-233 syste
m that reduces the storage time of long-life radioactive wastes,
yet another path-breaking technology.
Last year, BARC was sanctioned over Rs. 12 billion ($260
million) to spend on developing technology and DAE is hoping its
super specialty centres will turn it into a profit-making
organization.
Copyright © IndiaeNews.com. Reproduction of news articles or any
*****************************************************************
8 Interfax: Russian nuclear testing ground remains ready - Ivanov
Interfax.com Site map
Jul 19 2006 1:56PM
BELUSHYA GUBA (NOVAYA ZEMLYA ARCHIPELAGO.) July 19 (Interfax) -
The Russia armed forces' Central Testing Ground is in a state of
permanent readiness for nuclear tests, although it only runs
conventional tests now, Deputy Prime Minister and Defense
Minister Sergei Ivanov said.
"We are guided by reality and maintain the testing ground in a
state of permanent readiness, simultaneously observing all of
the commitments assumed," Ivanov told the press in Novaya Zemlya
on Wednesday.
His answer came in response to whether his arrival at the
Central Testing Ground signaled that nuclear tests will resume
if other nuclear powers outside the Treaty on the
Non-proliferation of Nuclear Weapons start such tests.
© 1991-2006 Interfax
All rights reserved
*****************************************************************
9 RIA Novosti: Russia observes nuclear test moratorium - Ivanov
19/ 07/ 2006
NOVAYA ZEMLYA, July 19 (RIA Novosti) - Russia fulfills all its
obligations under a moratorium on nuclear tests, the defense
minister said.
"Russia ratified a treaty on nuclear tests but that does not
mean that we have stopped work in the nuclear sphere," Sergei
Ivanov said in reply to a question about Russia's possible
resumption of nuclear tests if a country abandoned the
moratorium.
Ivanov, who is currently inspecting Russia's central nuclear
testing site on the Novaya Zemlya archipelago's northern island
in the Artic Ocean, said non-nuclear tests were currently being
conducted at the site, which saw the Soviet Union's first
nuclear test in September 1955.
"Some nuclear powers have not ratified the treaty. We understand
the reality and maintain the site in a condition of permanent
readiness," said Ivanov, who is also a deputy prime minister.
© 2005 RIA Novosti
*****************************************************************
10 Guardian Unlimited: Reports: Russia Ready to Conduct Nuke Test
From the Associated Press
[UP]
Wednesday July 19, 2006 11:31 AM
MOSCOW (AP) - Russia is not conducting nuclear tests but remains
prepared to do so at any time, the defense minister said
Wednesday during a trip to the country's main nuclear test site,
Russian news agencies reported.
Sergei Ivanov said that the site on the Arctic archipelago of
Novaya Zemlya is in a state of constant readiness to hold
nuclear tests, but that Russia is now only conducting
experiments that do not involve nuclear explosions, Interfax
reported.
``We proceed from existing reality and keep the test range in
constant preparedness, while adhering to all our commitments,''
the agency quoted him as saying.
More than 100 countries have endorsed the Comprehensive Nuclear
Test Ban Treaty, but to take effect it must be signed and
ratified by 44 states that participated in a 1996 disarmament
conference and possessed nuclear power or research reactors at
the time. Only 34 have done so; the holdouts include China,
India, Pakistan, Israel, North Korea and the United States,
which has signed but not ratified the treaty.
Ivanov said that while Russia has ratified the treaty, ``this
does not mean we have stopped work in the nuclear sphere,''
RIA-Novosti quoted Ivanov as saying.
Ivanov, President Vladimir Putin and other officials have
repeatedly stressed that Russia intends to maintain strong
nuclear capabilities.
Ivanov last week announced plans to deploy new intercontinental
ballistic missiles, saying that the nation needs a strong
nuclear deterrent to protect itself from foreign ``blackmail'' -
a comment referring at least in part to potential pressure from
the United States.
Guardian Unlimited © Guardian Newspapers Limited 2006
*****************************************************************
11 July 19 2006 Heat Wave: Nuclear power has egg on its face
Date: Wed, 19 Jul 2006 20:35:05 -0500 (CDT)
X-Sender-Host-Name: chumbly.math.missouri.edu
X-Spam-Class: HAM-VERY
* Increased use of air conditioners and refrigerators, coupled with
* lower power output at hydro-electric and nuclear power stations in
* France, contributed to the squeeze for demand.
*
* The 2,000 megawatts France was forced to import was the equivalent
* capacity of two large nuclear stations. Analysts speculated that the
* power had come from Germany.
Note: France is the poster-child of the pro-Nuclear-power lobby;
Germany is famous for its huge wind power installation. So much
for the silly notion that an emphasis for renewable energy over
dangerous nuclear energy means you must be less energy secure. (on top
of its other problems, nuclear also gets reduced capacity on hot days,
just when you most need the MOST electricity [both to avoid killing
the country's fish in its rivers, and also because even if you want to
kill them all, the water's cooling ability is lessened..])
http://news.bbc.co.uk/2/hi/business/5194780.stm
=============
DON'T MOURN, ACT! WEBSITES FOR ACTION:
http://www.earthshare.org/get_involved/involved.html
http://www.greenhousenet.org/
http://www.solarcatalyst.com/
http://www.campaignearth.org/buy_green_nativeenergy.asp
Overview and local actions you can take: http://www.PostCarbon.org
=============
= = = =
STILL FEELING LIKE THE MAINSTREAM U.S. CORPORATE MEDIA
IS GIVING A FULL HONEST PICTURE OF WHAT'S GOING ON?
= = = =
Daily online radio show, news reporting: www.DemocracyNow.org
More news: UseNet's misc.activism.progressive (moderated)
= = = =
Sorry, we cannot read/reply to most usenet posts but welcome email
For more information: http://EconomicDemocracy.org/wtc/ (peace)
And http://EconomicDemocracy.org/ (general)
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** to m-a-i-l-m-a-i-l (without the dashes) at economicdemocracy.org
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12 Rediff: US firms crave India's huge nuclear energy biz
Rediff.com The Web
July 19, 2006 12:41 IST
India's civil nuclear energy sector is on the radar of US
corporates and lobbyists alike. With business worth billions of
dollars to be gained from India, American groups are working
overtime to facilitate the United States' participation in the
Asian powerhouse's nuclear sector, says a Washington Post report.
And this is where lobbyists like Graham Wisner come into the
picture. Wisner, whose brother Frank has been the US Ambassador
to India, is a lawyer and lobbyist at the Washington-based
Patton Boggs LLP. And he is pushing for the passage of a Bill
that would allow nuclear energy cooperation between India and
the US.
The Washington Post said that Wisner's 'efforts and those of
Indian American groups, leading US companies and other lobbyists
paid off last month, as foreign relations committees in both the
House and Senate approved by wide bipartisan margins the gist of
a deal struck last July by the Bush administration.'
Analysts believe that the sealing of that deal can lead to the
removal of all hindrances to American involvement in India's
civilian nuclear energy sector and doing away with the sanctions
that were brought to bear ever since India tested its first
atomic bomb in 1974 in Pokhran.
Deputy Chairman of India's Planning Commission, Montek Singh
Ahluwalia, had said during his visit to the US in April that
India "ought to be targetting something of the order of $200
billion" in infrastructure spending over the next five years.
And American businessmen and companies feel that if the current
Bill, for which Wisner is garnering support, is cleared by the
US Senate, US Inc will be able to grab a major chunk of the $200
billion business, the Washington Post reported.
However, there are people in the US who believe that if the Bill
is cleared and US companies allowed to sell nuclear equipment to
India with the lifting of the ban, then there are chances that
this equipment could find its way into the Indian nuclear
weapons programme. However, with India's prestige at stake on
this issue, this may not happen, feel the lobbyists, reported
the Washington Post.
The newspaper said that a few American firms stand to benefit
directly from the Indo-US pact on civilian nuclear energy, as
only four companies worldwide make the sensitive components of
nuclear power plants. These, the Washington Post said, are
France's state-controlled Areva; Toshiba Corp, which is buying
Westinghouse's nuclear unit from British Nuclear Fuels PLC;
Russia's newly consolidated Atomprom; and the US's General
Electric Co.
Corporate America now fears that with the French and Russian
firms already in talks with India to build its proposed eight
new N-power plants, US business may lose out on the deal if the
restrictions are not lifted.
However, lobbyists -- like Wisner -- who are working behind the
scenes to get the restrictions lifted also say that the US
companies might not have much to fear as the recent developments
in the Indo-US ties will help US business in the long run.
With India's economy booming, it offers a gigantic opportunity
for US business participation, especially in the nation's
aviation, infrastructure, power, retail, banking and other
sectors, the Washington Post said.
© 2006 Rediff.com India Limited. All Rights Reserved. |
*****************************************************************
13 The Herald: Deep water windfarm ‘key to EU energy plans’
Web Issue 2575 July 19 2006
DAVID ROSS, Highland Correspondent July 19 2006
The £35m pilot project to establish a deep water windfarm off
the Caithness coast is critical to the development of renewable
energy policy for Europe, the EU's Energy Commissioner said
yesterday.
Andris Piebalgs was speaking after a visit to the Beatrice
oilfield where two of the largest turbines in the world will be
installed in the next few weeks and begin producing electricity
by the end of September.
The 280ft towers will stand in up to 150ft of water and will
generate sufficient power to operate the oilfield which pumps
3500 barrels of oil a day. The five-year pilot scheme is the
first step towards establishing a 200-turbine farm on the site
which could meet 20% of Scotland's total energy needs.
Speaking at the Nigg Fabrication yard in Easter Ross, where the
Beatrice turbines are being assembled, Mr Piebalgs said it was
up to each individual country to have a debate as to how much
nuclear energy production they should have in the future.
He was in no doubt that, when it came to Europe developing an
energy policy over the next few months, "nuclear will be in the
mix". But so too would renewable energy.
"I think this is one of the critical projects. We have seen
massive support for onshore but there have been difficulties in
public perception. But there is another difficulty in that there
is not sufficient wind.
"Sometimes it's there and sometimes it isn't. Offshore
generally, there is wind. These two wind turbine prototypes are
extremely important for further development because renewables
were never on such a huge scale. It is the same size as a
nuclear power station. So we should do everything possible to
ensure the project is successful. We should be trying to get
costs down," he said.
Dr Jim Bucklee, president of Talisman Energy, owners of the
Beatrice field and partners with Scottish and Southern Energy in
the windfarm project, said if the decision was taken to
manufacture 200 turbines the cost would be reduced by a factor
of six. A company spokesman later confirmed that although it was
costing £35m to install two turbines, it was estimated that 200
could be put in place for around £65m.
Europe has contributed £4m towards the Beatrice pilot, the
Scottish Executive £3m and the UK Department of Trade and
Industry £3m.
Commissioner Piebalgs was in Scotland at the invitation of Alyn
Smith, an SNP MEP.
Copyright © Newsquest (Herald & Times) Limited. All Rights
*****************************************************************
14 NRC: Office of Management and Budget (OMB) Review; Comment Request
FR Doc E6-11409
[Federal Register: July 19, 2006 (Volume 71, Number 138)]
[Notices] [Page 41058] From the Federal Register Online via GPO
Access [wais.access.gpo.gov] [DOCID:fr19jy06-140] [[Page 41058]]
AGENCY: U.S. Nuclear Regulatory Commission (NRC). ACTION: Notice
of the OMB review of information collection and solicitation of
public comment.
SUMMARY: The NRC has recently submitted to OMB for review the
following proposal for the collection of information under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35). The NRC hereby informs potential respondents that an
agency may not conduct or sponsor, and that a person is not
required to respond to, a collection of information unless it
displays a currently valid OMB control number.
1. Type of submission, new, revision, or extension: DOE/NRC Form
742--Revision.
DOE/NRC Form 742C--Extension.
2. The title of the information collection: DOE/NRC Form 742,
``Material Balance Report;'' NUREG/BR-0007, ``Instructions for
the Preparation and Distribution of Material Status Reports;''
and DOE/NRC Form 742C, ``Physical Inventory Listing.'' 3. The
form numbers if applicable: NRC Form 742 and NRC Form 742C.
4. How often the collection is required: DOE/NRC Forms 742 and
742C are submitted annually following a physical inventory of
nuclear materials.
5. Who will be required or asked to report: Persons licensed to
possess specified quantities of special nuclear or source
material.
6. An estimate of the number of responses: DOE/NRC Form 742: 180
licensees.
DOE/NRC Form 742C: 180 licensees.
7. An estimate of the number of annual respondents: DOE/NRC Form
742: 180 licensees.
DOE/NRC Form 742C: 180 licensees.
8. The number of hours needed annually to complete the
requirement or request: DOE/NRC Form 742: 900 hours (5 hours per
respondent.). DOE/NRC Form 742C: 1,080 hours (6 hours per
respondent.). 9. An indication of whether section 3507(d), Public
Law 104-13 applies: NA.
10. Abstract: Each licensee authorized to possess special nuclear
material totaling more than 350 grams of contained uranium-235,
uranium-233, or plutonium, or any combination thereof, are
required to submit DOE/NRC Forms 742 and 742C. In addition, any
licensee authorized to possess 1,000 kilograms of source material
is required to submit DOE/NRC Form 742. The information is used
by NRC to fulfill its responsibilities as a participant in
US/IAEA Safeguards Agreement and various bilateral agreements
with other countries, and to satisfy its domestic safeguards
responsibilities.
A copy of the final supporting statement may be viewed free of
charge at the NRC Public Document Room, One White Flint North,
11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB
clearance requests are available at the NRC worldwide Web site
http://www.nrc.gov/public-involve/doc-comment/omb/index.html. The
document will be available on the NRC home page site for 60 days
after the signature date of this notice.
Comments and questions should be directed to the OMB reviewer
listed below by August 18, 2006. Comments received after this
date will be considered if it is practical to do so, but
assurance of consideration cannot be given to comments received
after this date.
John A. Asalone, Office of Information and Regulatory Affairs
(3150-0004; -0058), NEOB-10202, Office of Management and Budget,
Washington, DC 20503.
Comments can also be e-mailed to John_A._Asalone@omb.eop.gov or
submitted by telephone at (202) 395-4650.
The NRC Clearance Officer is Brenda Jo Shelton, (301) 415-7233.
Dated at Rockville, Maryland, this 12th day of July 2006.
For the Nuclear Regulatory Commission.
Brenda Jo Shelton, NRC Clearance Officer, Office of Information
Services.
[FR Doc. E6-11409 Filed 7-18-06; 8:45 am] BILLING CODE 7590-01-P
*****************************************************************
15 HVN: Area lawmakers call on House panel to act on Indian Point Safety
Assessment Bill
Hudson Valley News:
Wednesday, July 19, 2006
Congressman Maurice Hinchey of Ulster County Tuesday led a group
of five House members in calling on a House panel to act on a
measure he introduced earlier this year that would require the
Nuclear Regulatory Commission to conduct an Independent Safety
Assessment of the Indian Point nuclear power facilities.
In a letter to Congressman Ralph Hall (R-TX), chairman of the
House Energy and Commerce Committee's Subcommittee on Energy and
Air Quality, Hinchey and his colleagues said that the bill
deserved to move forward in the legislative process, especially
in light of widespread local support in New York and the
surrounding states for such a measure.
"For more than four months, this bill has been stuck in a House
subcommittee and not been addressed at all. It's time to get the
ball rolling on this important measure that will help address
the safety issues that have plagued Indian Point," Hinchey said.
"A comprehensive Independent Safety Assessment of Indian Point
is desperately needed to thoroughly examine the integrity of the
power plant and to judge the impact on public safety and the
environment. I hope that Chairman Hall will recognize the strong
community support for an Independent Safety Assessment and let
this measure move forward so it can start progressing towards
becoming law."
Hinchey's legislation would force the NRC to report its findings
on the safety of Indian Point no later than six months from the
day the measure is signed into law. The bill requires a
focused, in-depth ISA of the design, construction, maintenance,
and operational safety performance of Indian Point. It also
demands a comprehensive evaluation of the emergency evacuation
plan for the nuclear power plant in the event of a terrorist
attack or radiological accident. Congresswoman Nita Lowey
(D-NY), Congressman Eliot Engel (D-NY), Congresswoman Sue Kelly
(R-NY), and Congressman Christopher Shays (R-CT) are the four
original cosponsors of the bill who joined Hinchey in sending
the letter to Chairman Hall.
HEAR today's news on MidHudsonRadio.com, the Hudson Valley's
only Internet radio news report.
*****************************************************************
16 Portsmouth Herald: NRC: Seabrook may face penalty
July 19, 2006
By Emily Aronson earonson@seacoastonline.com
SEABROOK -- Seabrook Station could face a fine or other action
from the Nuclear Regulatory Commission because of a past
security lapse, according to NRC commissioner Gregory Jaczko.
Jaczko spoke with members of the media on Tuesday after he
toured the nuclear power plant. The commissioner said he was in
the region for another meeting and wanted to visit Seabrook
since he had never been to the facility.
Jaczko assured that Seabrook Station currently meets federal
safety standards, but he said the NRC was in the process of
reviewing a previous deficiency.
"I think very soon the NRC will be making decisions about some
past incidents, what the severity of those are, and what kind of
action we need to take to ensure that they don't happen in the
future," Jaczko said.
Jaczko said he could not discuss the specifics of the security
lapse. He said the NRC should make a decision within the next
six months, adding that it could entail a fine or increasing the
number of plant inspections.
The Portsmouth Herald reported last May that a security fence
around the power plant failed an NRC inspection and was declared
inoperable. The fence was installed as part of federally
mandated Homeland Security upgrades.
An internal plant document said several zones of a Perimeter
Intrusion Detection System failed during routine testing, and
that the design of the system and testing procedures did not
adhere to NRC guidelines. The system has since been fixed.
Jaczko, who is one of five commissioners, also met with plant
officials and Police Chief David Currier. He said one of his
goals is to improve NRC regulations for emergency preparedness
at all nuclear facilities.
"Nationally, nuclear power plants have a very robust emergency
preparedness infrastructure," he said. "But I do think we can do
a better job of improving our regulations, from the NRC's
perspective, to make it more clear what our requirements are."
Jaczko said the NRC reviews preparedness plans, which outline
local response in case of a nuclear emergency, only when the
plant is built.
"For example, the emergency preparedness plan in Seabrook is
more or less the same plan that's existed for decades," he said,
but he added that it's periodically upgraded and reviewed by
local and federal officials.
Jaczko said he would like to see the NRC do "a much more
extensive overhaul" of emergency plans on a regular basis in
order to ensure greater protection of public safety and health.
Portsmouth Herald
Seacoast Online is owned and operated by Seacoast Media Group.
Copyright © 2006 Seacoast Online. All rights reserved. Please
*****************************************************************
17 Japan Times: Shika reactor has cracked blades
Wednesday, July 19, 2006
KANAZAWA, Ishikawa Pref. (Kyodo) Two cracked turbine blades have
been discovered in a nuclear reactor in Shika, Ishikawa
Prefecture, Hokuriku Electric Power Co. said Tuesday.
The Nuclear and Industry Safety Agency, under the Ministry of
Economy, Trade and Industry, will send inspectors Wednesday to
investigate the cracks, agency officials said.
Hokuriku Electric has suspended operations of the No. 2 reactor
at the Shika plant to conduct the inspection under a ministry
order. The order was issued after 662 turbine blades were found
cracked or broken in Chubu Electric Power Co.'s No. 5 nuclear
reactor in Shizuoka Prefecture, the same type as Shika's No. 2
reactor.
The utility said it came across the two cracked pieces after
checking 15 blades. It is continuing its inspection of the 840
blades in the reactor.
The Japan Times (C) All rights reserved
*****************************************************************
18 icNorthWales: Report backs nuclear
Jul 19 2006
by Ffion Jackson, Holyhead Mail
THE long-awaited government energy review has been largely
welcomed on Anglesey, with indications it could avert economic
catastrophe on the island.
However, revelations that a new generation of nuclear power
stations could be built in the UK, with the possibility of a
Wylfa replacement, has drawn criticism from some, who have
called the review a farce.
Leading figures on the island have expressed great fears over
the past months with regard to the imminent closure of the
Cemaes nuclear plant.
A 2010 shut-down could also spell the end for Anglesey
Aluminium, meaning a net loss of more than 1,500 local jobs and
a significant drop in the average wage on the island.
Last week, the publication of the energy review drew sighs of
relief from many quarters.
The review represents a long- term strategy for securing
Britains future energy needs, including proposals for a new
generation of nuclear power stations, together with a mix of
renewable energy and energy efficiency.
Council leader, Gareth Winston Roberts OBE, welcomed the report,
delighted at the prospect that it could now pave the way for
building a new nuclear plant on Anglesey.
He said: "This is the news the county council has been waiting
for.
"We came out in favour of nuclear energy in March, and I am
hopeful that Anglesey will be one of the sites favoured by the
government for a new power station.
"We will, of course, now be working with the Department of Trade
and Industry and local stakeholders to ensure that the necessary
infrastructure is in place so that Anglesey can support the next
generation of nuclear power stations."
Island MP, Albert Owen, also expressed his pleasure at the
report's content. He said: "The review is pro-renewables, pro
energy efficiency and also pro-nuclear.
"It gives clear direction on the nuclear option and any new
nuclear stations would be proposed, constructed and operated by
the private sector.
"The industry has indicated that the most viable sites will be
close to existing nuclear power plants.
"While further assessments and legitimate concerns must be dealt
with, I believe Wylfa has the merits to be considered in the
first phase for the obvious local economic needs and for security
of supply in the future."
"Over the last few days we have even the opened the minds of
those who were previously against new build on principle and I
welcome their change of heart."
Assembly Member, Ieuan Wyn Jones, said he would seek urgent talks
with representatives of the electricity industry to discuss what
plans, if any, there are to build a new nuclear power station
locally.
He added that the review left many unanswered questions, and he
would also meet with the trade unions.
Not everyone was pleased by what the report revealed about the
future of the UK and Anglesey's energy needs.
People Against Wylfa B (PAWB) released a statement saying: "It
comes as no surprise to hear Tony Blair announcing that new
nuclear power stations should be built.
"The review is a farce because it was initiated to undermine the
conclusions of the 2002 energy review which came out strongly in
favour of renewable energy and energy efficiency, and against the
disastrous economics of nuclear power.
"Today's announcement is a sadly outdated one for a number of
reasons.
"Not only do we have to face the risk of accidents at nuclear
power plants and their environmentally catastrophic consequences,
but also the threat of terrorist attacks on these stations, and
on trains carrying radioactive waste from them to Sellafield.
"Nuclear power legacy of deadly radioactively poisonous wastes is
a totally unresolved problem.
"The CORWM report due to be published this summer will urge some
form of burying nuclear waste, but they already admit that they
don't have a final solution to the problem.
"The economics of nuclear power have not changed since 2002. No
new nuclear power stations have been built without vast sums of
taxpayers money.
"Will pre-licensing of new reactors alone be sufficient to
attract private sector investors.
"Surely, such investors would require other vast subsidies to
meet the œ3billion cost of building a new nuclear power station."
ffion.jackson
*****************************************************************
19 SMN: Bulgarian Customs Stop Truck Carrying Radioactive Cargo
www.novinite.com Sofia News Agency
Sofia Morning News
Crime: 19 July 2006, Wednesday.
Bulgaria's customs officers intercepted early Wednesday morning
a Turkish truck carrying radioactive material, as the driver was
attempting to cross the border with Romania at the Danube Bridge
checkpoint at Russe.
The truck's hazardous load triggered an alarm while it passed
the radioactive check system and the customs officers alerted
the Nuclear Regulatory Agency(NRA), officials from the agency
announced. The radioactive emissions were three to ten times
higher than the natural gamma-background of Russe. The truck was
going from England to Turkey.
Emissions were strongest at the front of the truck where experts
believe that the cargo is located. The strongest emission
measured right next to the cargo is 28 mSv/h, which is about 200
times higher than the natural gamma background of the regions.
Three meters away from the truck, however, the levels fall back
within the normal values.
Spectral analysis have shown that the truck is carrying
radioactive source 137Cs, and have detected a source of neutron
emission. Later tests revealed that the cargo included the
radioactive source 137Cs with a 10-mCi activity and a neutron
source 241Am:Be with a 40-mCi activity. Experts shared that
these materials are often used in measurements such as
industrial radiographs and hospital X-ray photographs. This,
however still hasn't been confirmed by the NRA.
Normally transporting such cargo requires special permission by
the regulatory bodies of all the countries along the route. The
driver, however showed no such papers. The NRA is now
investigating the case.
The truck has been placed in a safe house at the border
checkpoint area, and there is no danger to the population of
Russe or the environment.
Click here to receive realtime news about this topic in the
future.
novinite.com
All Rights Reserved © Novinite Ltd., 2001-2006 - Copyright
Bulgaria news Novinite.com (Sofia News Agency -
www.sofianewsagency.com) is unique with being a real time news
provider in English that informs its readers about the latest
Bulgarian news. The editorial staff also publishes a daily
online newspaper "Sofia Morning News." Novinite.com (Sofia News
Agency - www.sofianewsagency.com) and Sofia Morning News publish
*****************************************************************
20 Interfax: All nuclear facilities in Russia reliably protected - Rosatom
chief
Interfax.com
Jul 19 2006 12:40PM
BELUSHYA GUBA (NOVAYA ZEMLYA ARCHIPELAGO). July 19
(Interfax-AVN) - All Russian nuclear facilities, including
nuclear power plants, are reliably protected, Federal Atomic
Energy Agency (Rosatom) chief Sergei Kiriyenko said.
"All nuclear facilities are guarded by the Interior Forces. The
restructuring of this sector will leave it this way," Kiriyenko
told journalists at Novaya Zemlya Archipelago on Wednesday.
In 2005 alone, 364 training exercises were conducted, including
anti-terrorist ones, which confirmed that all operating nuclear
power plants and other nuclear facilities are reliably
protected, he said.
© 1991-2006 Interfax
All rights reserved
*****************************************************************
21 UPI: DHS launches $1.2B nuke port security plan
United Press International - Security &Terrorism -
7/18/2006 5:42:00 PM -0400
WASHINGTON, July 18 (UPI) -- The U.S. Department of Homeland
Security has launched a $1.2 billion plan to deploy more
advanced radiological screening devices at U.S. ports.
By 2011, the DHS expects to have 1,400 of the next-generation
screeners deployed at both ports and border crossings. The first
80 machines are scheduled to be installed this fall at the New
York Container Terminal in Staten Island, N.Y., Global Security
Newswire reported Monday
Current radiological detection machines were installed after
Sept. 11, 2001, as a shield against nuclear terrorism, a threat
at the top of the nation's concerns, said Homeland Security
Secretary Michael Chertoff.
The machines have screened 80 million cargo shipments entering
the country since 2002, registering more than 300,000 false
alarms, GSN said.
"One of the problems that we have is the rate of false
positives," Chertoff said.
Low levels of background radiation in harmless items often
trigger the current machines. Kitty litter, granite and bananas
have set the machines off, GSN said.
The new detectors will range in cost from $350,000 to about
$500,000 each, compared to the $180,000 for those currently
employed. Officials, however, expect that the more-expensive
systems will reduce the number of containers flagged for
more-complete inspections each year from 821,000 to 15,000, the
report said.
The DHS also announced a plan to deploy the new devices in and
around U.S. cities, and Oxford said work on a $3 million pilot
deployment program has begun in New York City, GSN said.
The new technology is also to be deployed to ports abroad as
part of the Energy Department's Megaports Initiative to secure
shipping before it enters U.S. waters, the report said.
© Copyright 2006 United Press International, Inc. All Rights
Reserved
*****************************************************************
22 UPI: Russian nuke chief: facilities are safe
United Press International - Energy -
7/19/2006 12:15:00 PM -0400
MOSCOW, July 19 (UPI) -- All of Russia's nuclear facilities are
well-guarded, Rosatom chief Sergei Kiriyenko was cited by
Interfax-AVN as saying Wednesday.
Kiriyenko, who is head of the Russian Atomic Energy Agency
(Rosatom), told journalists in Novaya Zemlya that all of
Russia's nuclear installations, including power stations, are
well protected and do not pose a nuclear danger.
"Interior troops guard all facilities which pose a nuclear
danger. This will also be the case after the restructuring of
the industry," he said. "When new facilities are being designed,
the required systems for protecting them are built into the
design from the start."
Kiriyenko's confidence comes from the 364 training exercises and
drills that were held in 2005, and which demonstrated that all
Russian facilities with the potential to pose a nuclear threat
are well guarded, including against a possible terrorist attack.
He said that though Russia's nuclear power stations are 30-40
years old, and predate the concept of antiterrorism, they are
technically secure and are protected by troops from Russia's
Interior Ministry. In addition, he said, all of Russia's nuclear
facilities are in a "reliable condition."
The Russian nuclear industry will continue to develop, Kiriyenko
said, as it is financed by a federally-sponsored
purpose-oriented program specifically tailored to developing
Russia's nuclear complex.
The Rosatom head also took time to praise the Russian
Federation's Central Nuclear Test Site, which he said had great
potential. Kiriyenko is to visit the site with Deputy Prime
Minister and Defence Minister Sergei Ivanov in the near future.
© Copyright 2006 United Press International, Inc. All Rights
Reserved
advertisement
*****************************************************************
23 Sydney Morning Herald : Uranium enrichment a terror risk - Greens -
www.smh.com.au
July 19, 2006 - 1:59PM
Enriching uranium in Australia would make the nation a "global
nuclear waste repository" and increase the threat of
international terrorist attacks, the Australian Greens claim.
Prime Minister John Howard said he would conduct an inquiry into
Australian uranium enrichment after talks with the Bush
administration.
But Greens leader Bob Brown warned uranium enrichment would have
long-term consequences and said Australians should be consulted
with a referendum.
"We're a democratic country," he said.
"We have a right here for citizens to have a say in something
that will potentially affect this country for many centuries or
millennia to come.
"John Howard thinks it's good enough for (US President) George
Bush to have a decisive say in Australia's nuclear future. The
Greens think it's good enough for 20 million Australians to have
a say in our nuclear future."
Senator Brown said Australia would become a "global nuclear
waste repository" if it moved from uranium mining to enrichment.
It would also be targeted by global terrorists, he said.
"The long-term consequences are Australia becoming a global
nuclear waste dump, Australia having uranium enrichment
facilities which will need massive infrastructure and Australia
being a supplier of enriched uranium in an unsafe world where
nuclear weapons are inevitably spreading on the planet," he said.
"Nuclear installations in Australia will make Australia a
greater target for terrorism."
© 2006 AAP
Copyright © 2006. The Sydney Morning Herald.
*****************************************************************
24 Madison Courier: Huntington wants depleted uranium testing extended
www.madisoncourier.com
7/19/2006 3:00:00 PM
Peggy Vlerebome Courier Staff Writer
Five years of collecting data on depleted uranium would not be
nearly long enough before the federal Nuclear Regulatory
Commission decides whether to allow the Army to decommission
Jefferson Proving Ground, Mayor Al Huntington said in a letter
Tuesday to the federal agency.
“Protection against airborne and surface water migration of
potential hazardous chemicals must be assured by expanding the
testing period to a minimum of 25 years and expanding the JPG DU
testing area with more monitoring wells to the west and
southwest,” Huntington wrote. “This concern for human safety is
supported by a study at Northern Arizona University which finds
that depleted uranium can cause genetic mutations.”
His letter was read by city official Betsey Vonderheide at a
listening session conducted in Madison by a three-member panel of
the Atomic Safety and Licensing Board, which is part of the
Nuclear Regulatory Commission.
The three-member panel was in Madison primarily for a conference
today with attorneys from the NRC staff, the Army and Save the
Valley environmental organization to talk about issues Save the
Valley has raised in challenging the Army’s request to be given
five years to collect data before it seeks decommissioning of
JPG. Munitions containing depleted uranium were tested at JPG
between 1984 and 1994.
The conference today was at City Hall and was open to the public
to observe but not participate.
The panel will be back in Madison for a public hearing on
whichever issues are approved for consideration. The date has
not been set.
Eighteen people attended the half-hour listening session at the
Madison-Jefferson County Public Library. At least half of them
are involved in the issue, representing Save the Valley, the
Army, the NRC staff and the contractors who work for the Army
doing monitoring and studies.
The Army had to have an NRC license in order to use depleted
uranium at the testing site. Depleted uranium is left over after
uranium is processed such as for nuclear power plant fuel.
Depleted uranium is radioactive and toxic, and the study
Huntington referred to said that DU also can alter DNA.
Only two other people spoke at the listening session. They were
Joel Wientke, representing the Hoosier Environmental Council,
and Joe Robb, refuge manager at the Big Oaks National Wildlife
Refuge. Wientke said there are a lot of unanswered questions
about the Army’s plans at JPG. Robb said it is good a lot of
information is being gathered, because the more data there is,
the better decisions can be made.
Huntington’s letter also said the Army “must guarantee
sufficient appropriations to fund all aspects of the DU
liability.”
Otherwise, he wrote, problems “ will become the financial
burden” of the federal Environmental Protection Agency, the
Nuclear Regulatory Commission and the Indiana Department of
Environmental Management.
The listening session was more informal than the NRC panel is
accustomed to. Chairman Alan Rosenthal said he and panel members
Paul Abramson and Richard F. Cole were in shirtsleeves in
deference to the extreme heat. Ordinarily, he said, they wear
suits — “ usually dark suits,” he added with a laugh — and ties.
Copyright 2006, The Madison Courier 310 Courier Square, Madison,
IN 47250 (812) 265-3641 (800) 333-2885 All rights reserved.
*****************************************************************
25 Bradenton Herald: Tallevast pre-trial begins next week
| 07/19/2006 |
Attorneys to face off over motions to drop residents' complaints
DONNA WRIGHT Herald Staff Writer
BRADENTON - Attorneys for Tallevast and Lockheed Martin Corp.
will face off in court next week over motions to dismiss several
of residents' complaints in their lawsuit against the defense
giant.
Judge Durand Adams of the 12th Judicial District will preside
over the 3:30 p.m. hearing July 26 at the Manatee County
courthouse.
The Tallevast legal team, led by Edward B. Cottingham of the
South Carolina law firm of Motley Rice, is expected to defend
its clients' claims of property damage and emotional distress
from an underground plume of toxic waste that has been traced
back to a broken sump at an old beryllium plant in the Tallevast
area.
As the owner of the former Loral American Beryllium Co. when the
contamination was found in 2000, Lockheed is responsible for
cleaning up the pollution under the direction of the Florida
Department of Environmental Protection.
Once thought to cover only the 5-acre company site, the plume is
now known to stretch more than 200 acres, according to
Lockheed's most recent tests.
Two lawsuits have been filed on behalf of Tallevast residents.
The first suit, filed Sept. 1 by Bruce H. Denson of St.
Petersburg, a member of the Tallevast legal team, alleges that
Lockheed's activities, as well as those of other former and
current owners of the facility, resulted in the intentional,
incidental or accidental release of hazardous chemicals that put
the Tallevast community at risk.
The second lawsuit, filed Nov. 11 by E. Keith DuBose of Sarasota
and Emerson Carey of Atlanta, makes the same complaints on
behalf of 18 other Tallevast residents.
The allegations include: 1. A common law strict liability
complaint alleging abnormally dangerous actions on the part of
Lockheed.
2. Violation of a Florida statute that governs the release and
discharge of hazardous chemicals.
3. Negligence and breach of duty in the release of those
chemicals and failing to adequately inform and warn residents.
4. Trespass, because those chemicals invaded the property of
residents.
5. Private nuisance, because the chemicals interfered with and
impaired residents' use of their property.
6. Intentional infliction of emotional distress and outrage
stemming from Lockheed's failure to inform residents.
Lockheed's motion to dismiss, filed April 25 by L. Norman
Vaughan-Birch of Kirk-Pinkerton law firm in Sarasota, asks the
court to throw out allegations 1, 4, 5 and 6.
Motions recently filed by Denson defend the plaintiffs'
allegations.
Attorneys for both sides are expected to present their arguments
in court next week, the first of what will likely be a series of
pre-trial motions.
Lockheed declined comment Tuesday on the upcoming hearing.
Wanda Washington, vice president of a Tallevast advocacy group
also declined comment.
Calls to Cottingham and Denson were not returned by late Tuesday
afternoon.
In other motions filed July 14, out-of-state members of the
Tallevast legal team who are not members of the Florida bar
requested permission to represent their clients in the 12th
Judicial Circuit.
Donna Wright, health and social services reporter, can be
reached at 745-7049 or at dwright@HeraldToday.com.
Legal teams in Tallevast lawsuits
Two lawsuits have been filed on behalf of Tallevast residents.
• Representing Tallevast residents in Laura Ward, et al (more
than 300 clients) v. Lockheed Martin Corporation, Loral
Corporation, WPI Sarasota Division, Inc., Wire Pro Inc, BECSD,
LLC and Does 1-20
Bruce H. Denson, PA, St. Petersburg: Bruce H. Denson
Motley Rice, LLC, Hartford, Conn., and Mt. Pleasant, S.C.:
William H. Narwold
Cottingham Law Firm, Mt. Pleasant, S.C.: Edward B. Cottingham
Robert Walker &Associates, Richmond Va.: Robert E. Walker
Michie Hamlett Lowry Rasmussen &Tweel, PLLC, Charlottesville,
Va.: Garrett M. Smith, J. Greg Webb and Gary W. Kendall
• Representing Tallevast residents in Alphonso Bradley, et al.,
(18 clients) v. Lockheed Martin Corporation, Loral Corporation,
WPI Sarasota Division, Inc., Wire Pro Inc, BECSD, LLC and Does
1-20
Matthews, Eastmoore, Hardy, Crauwels &Garcia, P.A., Sarasota: E.
Keith DuBose
Cary and Dobson, Atlanta: Emerson Carey
• Representing Lockheed Martin Corporation in both lawsuits
Crowell &Moring LLP, Washington D.C.: Clifford J. Zatz, Scott L.
Winkelman, Richard E. Schwartz and Lynn E. Parseghian
Kirk-Pinkerton, Sarasota: L. Norman Vaughan-Birch
HeraldToday.com
*****************************************************************
26 DOE: DOE Announces Yucca Mountain License Application Schedule
July 19, 2006
DOE Announces Yucca Mountain License Application Schedule
New Director Ward Sproat Testifies on Revised Timeline
WASHINGTON, DC The Department of Energy (DOE) today announced
that it will submit a license application to the Nuclear
Regulatory Commission (NRC) for a nuclear waste repository at
Yucca Mountain, Nevada, no later than June 30, 2008. The
Department also announced that if requested legislative changes
are enacted, the repository will be able to accept spent nuclear
fuel and high-level waste starting in early 2017. Announcing a
schedule for submitting a license application is another step in
the Departments mission to provide stability, clarity and
predictability in moving the Yucca Mountain Project forward as
quickly as possible based on sound science.
I am confident that we will prepare and submit a defensible and
credible license application that accurately reflects a design
for the Yucca Mountain repository which meets or exceeds the
safety criteria specified by the NRC no later than Monday, June
30, 2008, said Edward Ward Sproat, Director of the Office of
Civilian Radioactive Waste Management, in testimony before the
House Energy & Commerce Committees Energy & Air Quality
subcommittee.
Sproat announced that independent, external assessments will be
conducted on the draft license application, several key
engineering processes, and the quality assurance programs at
DOE, the primary Yucca Mountain contractor, and several national
laboratories. Requests for proposals will be issued within the
next few weeks seeking qualified experts to conduct these
assessments.
These reviews will tell us the gaps that currently exist
between where the program stands right now and where it needs to
be when we submit the application. Safety, quality and schedule
discipline are not mutually exclusive; in fact, we will need all
three of these elements to meet these licensing expectations,
Sproat said.
Sproat emphasized that submitting a license application by June
30, 2008, is his first priority. He said before an application
is submitted the following conditions will be met to his
satisfaction: design of license meets the licensing
requirements; application accurately reflects the design; data
which is used to justify the design is accurate and generated in
compliance with quality assurance requirements; application
adequately addresses all of the requirements of NUREG 1804
(NRCs Yucca Mountain Review Plan); and writers of the
application have attested to the accuracy and completeness of
their sections.
Submittal of the license application by this date is one of four
strategic objectives that Sproat said are of utmost importance
to this program and will be the basis of planning and resource
allocation during my tenure.
Sproats four objectives are to:
+ Submit a license application to the NRC by June 30, 2008;
+ Staff and train the OCRWM organization so that it has the
skills and culture needed to design, license, manage
construction and operate the Yucca Mountain project with safety,
quality and cost effectiveness;
+ Address the impasse and growing government liability
associated with unmet contractual obligations to move spent fuel
from nuclear plant sites;
+ Develop and begin implementation of a comprehensive national
spent fuel transportation plan that accommodates state, local
and tribal concerns to the greatest extent possible.
Sproat, a Registered Professional Engineer, has long and
extensive experience in the nuclear power generating industry.
He founded McNeill, Sproat & Associates, LLC, a management
consulting company specializing in energy technologies. He
served as the chief operating officer of Pebble Bed Modular
Reactor, Ltd in South Africa, and worked for various nuclear
power generating companies including Exelon, PECO Energy and its
predecessor, Philadelphia Electric Company.
Media contact(s): Craig Stevens, (202) 586-4940 [ ]
U.S. Department of Energy | 1000 Independence Ave., SW |
Washington, DC 20585 1-800-dial-DOE | f/202-586-4403 | e/General
Contact
*****************************************************************
27 BBC: Hot spots
Last Updated: Wednesday, 19 July 2006
[Dounreay]
The total cost of decommissioning Dounreay will run to £2.9bn
A clean-up of part of the Dounreay nuclear plant in Caithness has
been delayed after the discovery of higher than expected levels
of radiation.
An underwater camera survey detected unexplained hot spots in a
pond containing spent fuel used in the Dounreay Material Test
Reactor (DMTR).
The find has meant plans to drain the pond have been put on hold
until a follow-up probe has been carried out.
A spokesman for the 140-acre site said no-one has been put at
risk.
Industry regulators have been informed.
A massive clean-up and regeneration project is under way at
Dounreay, which is managed by the UK Atomic Energy Authority
(UKAEA).
The UKAEA said the priority was to decommission and demolish the
site as quickly and safely as possible.
The target of completion has been reduced from 2063 to 2033.
The 25 megawatt DMTR was Scotland's first operational reactor in
1958 and ran for 11 years.
*****************************************************************
28 Platts: ITC to retain agreement barring Russian uranium dumping - USEC
Washington (Platts)--18Jul2006
USEC, the sole US producer of enriched uranium for nuclear power
plants, said the US International Trade Commission on Tuesday
ruled that terminating an antidumping suspension agreement that
limits imports of Russian uranium products would materially
injure the US uranium industry.
USEC said the ITC ruled in a 4-1 decision that lifting the
1992 Russian suspension agreement would likely cause material
injury to domestic producers that include USEC, ConverDyn, the
only US uranium converter, and Power Resources and Crow Butte
Resources, the two largest uranium mining companies in the
country.
The decision complements a May 31 ruling by the US
Department of Commerce that found dumping of Russian uranium
products would likely recur if the Russian suspension agreement
were terminated. ITC and Commerce analyzed the US uranium market
as part of a "sunset review" of the Russian suspension agreement
conducted every five years, USEC said.
"We're pleased that the US government agrees that lifting
the agreement that limits Russia uranium imports would undermine
the domestic production of enriched uranium and the deployment of
new uranium enrichment capacity," USEC President and CEO John
Welch said.
"Today's International Trade Commission ruling is an
important step in maintaining a stable nuclear fuel market, which
the United States needs in order to invest in advanced uranium
enrichment technologies and build new domestic uranium enrichment
facilities that will help fuel this country's nuclear
renaissance," Welch added.
Copyright © 2006 - Platts, All Rights Reserved [The McGraw-Hill
Companies]
*****************************************************************
29 Platts: DOE announces target date for receiving spent fuel
Washington (Platts)--18Jul2006
DOE now says it will begin receiving utility spent fuel in 2017,
Republican Senator Pete Domenici of New Mexico announced July 18.
"This is an ambitious schedule, but it's nice to actually see a
schedule," Domenici said in a July 18 press statement.
Domenici, who chairs the Senate Energy and Natural Resources
Committee and the Appropriations subcommittee that controls DOE
spending, said the schedule is based, in part, on DOE's submittal
of a repository license application to NRC in June 2008 and NRC's
docketing that application in September 2008.
The DOE waste program has not had a target date for a repository
at Yucca Mountain, Nevada since December 2004, when DOE abandoned
a plan to begin operating a repository there in 2010.
The 2017 target represents a 19-year delay in DOE disposal
operations.
DOE waste program director Edward Sproat is expected to explain
the new schedule when he testifies at a House Energy and Commerce
subcommittee hearing July 19.
Copyright © 2006 - Platts, All Rights Reserved
[The McGraw-Hill Companies]
*****************************************************************
30 Platts: Cogemea Pierrelatte must keep enrichment level under 1% - ASN
London (Platts)--19Jul2006
France's nuclear safety authority has ordered Cogema Pierrelatte
to take urgent measures to keep the uranium-235 content of
material at the TU5 plant under 1%, which is its licensed level.
Keeping the enrichment level under 1% is the only measure for
preventing criticality accidents at the plant, which converts
reprocessed uranyl nitrate into oxide form.
Cogema Pierrelatte (owned by Areva NC) began reconditioning drums
containing liquid uranium effluents at the beginning of June,
and, according to safety authority ASN, found several drums with
the U-235 content exceeding 1%.
All the drums at the facility are now being investigated, ASN
said. ASN's deputy director general, Michel Bourguignon, in a
letter dated July 18, ordered Cogema to send him within a month
an action plan for getting the plant into conformance with its
license, and to implement the plan within three months of its
approval by ASN. The letter is on ASN's web site at
www.asn.gouv.fr/data/information/29_2006_med_plte.pdf.
For more news, request a free trial to Platts Nucleonics Week at
http://www.platts.com/Request%20More%20Information/
Copyright © 2006 - Platts, All Rights Reserved
[The McGraw-Hill Companies]
*****************************************************************
31 reviewjournal.com: New target set for receiving waste at Yucca
Jul. 19, 2006
DOE estimates proposed repository won't be ready for shipments
until 2017
By STEVE TETREAULT
STEPHENS WASHINGTON BUREAU
WASHINGTON -- The Energy Department has set a new schedule for
the long-delayed Yucca Mountain repository, projecting a March
2017 date to begin accepting high level nuclear waste at the
Nevada site.
But the new deadlines depend on a number of key financial,
legal, political and regulatory obstacles getting resolved,
officials said, meaning the project could fall even further
behind if nagging problems resurface or if new obstacles arise.
"What we based our schedule on is what we at DOE have control
over, and that is significant," spokesman Craig Stevens said
Tuesday night. "There are some things that will be out of our
control."
The schedule that became public on Tuesday was the government's
first tangible timeline for Yucca Mountain since the Energy
Department two years ago abandoned a 2010 repository opening.
Early on in the project, a Yucca repository was supposed to
begin operations in January 1998 but was repeatedly set back by
lawsuits, budget shortages and DOE missteps on quality
assurance, document handling and other project aspects. Recent
delays were attributed to allegations that hydrologists
fabricated research documentation.
The new schedule envisions Yucca Mountain opening 19 years
beyond the original date.
"This is an ambitious schedule, but it's nice to actually see a
schedule," said Sen. Pete Domenici, R-N.M., the chairman of the
Senate Energy Committee. "This is the most detailed schedule on
Yucca Mountain I have seen in recent memory."
DOE officials have said the new schedule was the result of a top
to bottom evaluation conducted by new managers who were
installed by Energy Secretary Samuel Bodman and who put schedule
considerations behind fixing problems and getting the job done
right.
The new schedule sets a June 30, 2008, date for DOE to submit a
license application to the Nuclear Regulatory Commission, an
important milestone that kicks off a formal review.
Nevada officials who have fought the repository and the state's
lawmakers were skeptical on the new timeline.
Sen. John Ensign, R-Nev., said it had "no basis in science or
reality." Rep. Shelley Berkley, D-Nev., called it "overly
optimistic" and it "could be easily derailed by a court ruling
or act of Congress."
"While this schedule is based on factors within the control of
DOE, reality paints a different picture," said Rep. Jim Gibbons,
R-Nev. "Instead of wasting more resources and time, the DOE
needs to stop lying to the American people and end this failed
project today."
DOE appears to be pressing to get a license application to the
NRC before President Bush leaves office, in order to have wheels
turning before a new president takes over in 2009, said Bob
Loux, director of the Nevada Agency for Nuclear Projects.
"I believe no matter what the circumstances are, between hell
and high water, I do believe they will submit a (license
application) before this president goes," Loux said.
"It's troubling that DOE has set such an ambitious date for
submitting the license application, given the fact that
Secretary Bodman himself called the Project 'broken' just four
months ago," said Rep. Jon Porter, R-Nev.
Ward Sproat, director of DOE's Office of Civilian Radioactive
Waste Management, was scheduled to explain the schedule at a
House energy subcommittee hearing today.
The dates became public Tuesday after DOE shared them with
congressional offices.
DOE said it formed a "best achievable" construction schedule. It
anticipates receiving NRC approval for the repository by Sept.
30, 2011.
Construction of a railroad through Nevada to the site would
commence by Oct. 5, 2009, and would be in service almost five
years later, by June 30, 2014.
The repository itself would be built by March 30, 2016, and
would begin receiving waste by March 31, 2017 after
pre-operational testing.
"As we move forward the program now has definable, reachable
target dates that will allow us to open the nation's repository
for spent nuclear fuel," Stevens said.
DOE said the schedule assumes that:
• Congress will appropriate enough money each year to meet the
schedule.
• The NRC will complete a license review within three years.
• Lawmakers pass legislation DOE has requested to withdraw land,
claim water and obtain stronger powers for waste transportation.
The schedule also was dependent on DOE getting "all necessary
authorizations and permits", and the "absence of litigation
related delays," according to a DOE document.
"This is further proof that Nevada is winning the fight against
Yucca Mountain." Sen. Harry Reid, D-Nev., said through a
spokesman. "This timeline is little more than a wish list."
"It is sheer fantasy, completely," Loux said. Nevada has pursued
close to a dozen lawsuits against the repository, and plans
more, he said.
"Every one of DOE's actions is a potential lawsuit point," Loux
said. "There is certainly going to be more litigation."
Work remains on a number of major elements of the repository.
DOE is recataloging millions of e-mails and documents to be
posted to a licensing database that must be certified by the
Nuclear Regulatory Commission. The NRC rejected an initial
certification in 2004, saying the DOE database was incomplete.
Last fall, the DOE embarked on a major redesign that aims to
have spent fuel loaded at nuclear reactors, transported to Yucca
Mountain, stored at the site and eventually placed in the
repository in special multi-purpose canisters.
DOE also is considering railroad alignments from Eastern Nevada
to the site, and recently began reevaluating a route through the
western side of the state.
Copyright © Las Vegas Review-Journal, 1997 - 2006
Stephens Media GroupPrivacy Statement
*****************************************************************
32 NRC: Omaha Public Power District Independent Spent Fuel Storage
FR Doc E6-11408
[Federal Register: July 19, 2006 (Volume 71, Number 138)]
[Notices] [Page 41058-41061] From the Federal Register Online via
GPO Access [wais.access.gpo.gov] [DOCID:fr19jy06-141]
Installation; Environmental Assessment and Finding of No
Significant Impact AGENCY: Nuclear Regulatory Commission.
ACTION: Issuance of an Environmental Assessment and Finding of No
Significant Impact.
FOR FURTHER INFORMATION CONTACT: Joseph M. Sebrosky, Senior
Project Manager, Spent Fuel Project Office, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory
Commission, Washington, DC 20555. Telephone: (301) 415-1132; Fax
number: (301) 415-8555; E-mail: jms3@nrc.gov.
SUPPLEMENTARY INFORMATION: The U.S. Nuclear Regulatory Commission
(NRC or Commission) is considering issuance of an exemption to
Omaha Public Power District (OPPD) pursuant to 10 CFR 72.7, from
specific provisions of 10 CFR 72.48(c)(2)(viii), 72.212(a)(2),
72.212(b)(2)(i)(A), 72.212(b)(7), and 72.214. The licensee wants
to use the Transnuclear, Inc. (TN) Standardized NUHOMS[supreg]
Storage System, Certificate of Compliance No. 1004 (CoC or
Certificate) Amendment No. 8 (32PT dry shielded canister), to
store spent nuclear fuel under a general license in an
Independent Spent Fuel Storage Installation (ISFSI) associated
with the operation of the Fort Calhoun Station (FCS), located in
Washington County, Nebraska. OPPD is requesting an exemption from
CoC No. 1004 and NRC regulations to allow changes to the transfer
cask (TC) dose rate measurements, an earlier start time for
vacuum drying and use of a method of thermal analysis that is a
departure from the methodology described in the Standardized
NUHOMS[supreg] updated final safety analysis report (FSAR).
Environmental Assessment (EA) Identification of Proposed Action:
The proposed action would exempt OPPD from the requirements of 10
CFR 72.48(c)(2)(viii), 72.212(a)(2), 72.212(b)(2)(i)(A),
72.212(b)(7), and 72.214 and enable OPPD to use a light weight TC
and allow the use of an earlier start time for vacuum drying in
conjunction with the Standardized NUHOMS[supreg] Storage System,
CoC 1004, at the FCS. Sections 10 CFR 72.212(a)(2),
72.212(b)(2)(i)(A), 72.212(b)(7), and 72.214 specifically require
storage in casks approved under the provisions of 10 CFR part 72
and compliance with the conditions set forth in the CoC for each
dry spent fuel storage cask used by an ISFSI general licensee.
The TN NUHOMS[supreg] CoC provides requirements, conditions, and
operating limits in Attachment A, Technical Specifications (TSs).
The proposed action would exempt OPPD from the requirements of 10
CFR 10 CFR
[[Page 41059]] 72.212(a)(2), 10 CFR 72.212(b)(2)(i)(A), 10 CFR
72.212(b)(7) and 10 CFR 72.214 in order to permit changes from
TSs in Amendment 8 to CoC No.
1004 which would allow changes to the TC dose rate measurements,
and allow an earlier start time for vacuum drying. Specifically,
the exemption would be from CoC No. 1004 Attachment A, TSs,
1.2.1, ``Fuel Specification,'' 1.2.11, ``Transfer Cask Dose Rates
with a Loaded 24P, 52B, 61BT, or 32PT Dry Shielded Canister,''
and 1.2.17a, ``32PT Dry Shielded Canister Vacuum Drying Duration
Limit.'' In addition, the proposed action would exempt OPPD from
requirements of 10 CFR 72.48(c)(2)(viii), which requires that a
general licensee request that the certificate holder obtain a CoC
amendment prior to implementing a change that would result in a
departure from a method of evaluation described in the FSAR for
the design. The method of evaluation for which OPPD is seeking an
exemption involves the thermal analysis associated with the TC
while it is inside the transfer trailer radiological shielding.
OPPD committed in its June 9, 2006, submittal to a maximum decay
heat load per dry shielded canister (DSC) of 11 kilowatts (kW).
This is less than the CoC No. 1004 Attachment A, Technical
Specification, Table 1-1e maximum decay heat limit of 24 kW per
DSC. In addition, in its July 3, 2006, supplement OPPD indicated
that the minimum cooling time for the fuel that it intended to
load is 16.2 years. This time is greater than the minimum amount
of time specified in TS Table 1-1e.
The NRC has determined that the exemption, if granted, will
contain the following four conditions: (1) OPPD will be limited
to loading a total of four 32PT DSCs, (2) OPPD shall limit the
decay heat level per DSC to 11 kW to ensure cask loadings are
bounded by the analyses supporting the TN CoC No. 1004, Amendment
No. 8, (3) OPPD shall limit the cooling time of the fuel that it
intends to load to a minimum of 16.2 years to ensure that the
radiological source term for fuel that is loaded in the light
weight TC is kept as low as reasonably achievable, and (4) the TS
1.2.11 dose rate limit/specification are substituted with the
limit of 170 mrem/hr in the axial direction and 110 mrem/hr in
the radial direction. The axial dose rate limit of 170 mrem/hr is
to be taken under the conditions in Table 1 below. The radial
dose rate limit of 110 mrem/hr is to be taken under the
conditions in Table 2 below.
Table 1.--Axial Dose Rate Measurement Configuration
-----------------------------------------------------------------
-------
-----------------------------------------------------------------
-------- 32PT DSC inside the OS197L inside the decon sleeve/bell
Water drained from the DSC TC/DSC annulus full (within
approximately 1 foot of the top) TC neutron shield full Top
shield plug in place and included in axial shielding Inner top
cover plate in place and included in axial shielding Automated
welding system (AWS) with integral shield in place and included
in axial shielding Measurement taken at vertical centerline of
DSC, 3 feet from AWS shield
-----------------------------------------------------------------
------- Table 2.--Radial Dose Rate Measurement Configuration
-----------------------------------------------------------------
-------
-----------------------------------------------------------------
-------- 32PT DSC inside OS197L inside decon sleeve/bell water
drained from the DSC TC/DSC annulus full (within approximately 1
foot of the top) TC neutron shield full 6 inch nominal thickness
carbon steel decon sleeve/bell in place and included in radial
shielding measurement taken at outside surface (contact) of decon
sleeve/bell
-----------------------------------------------------------------
------- The proposed action is in accordance with the licensee's
request for exemption dated June 9, 2006, as supplemented July 3,
2006, July 7, 2006, and July 12, 2006.
Need for the Proposed Action: The proposed action is needed
because the FCS will lose full core offload after the 2006
refueling outage.
During this refueling outage, major components of the reactor
coolant system will be replaced including two steam generators,
the reactor vessel head and the pressurizer. The large amount of
reactor coolant system components being replaced during the
outage raises the likelihood that foreign material could be
introduced into the reactor vessel and potentially deposited
under the core support plate.
This scenario would require the core to be offloaded to the spent
fuel pool and the reactor core barrel to be removed to allow
removal of the foreign material. In addition, allowing four DSCs
to be loaded prior to the beginning of the refueling outage would
allow better management of decay heat loads within the spent fuel
pool (including minimization of fuel handling activities) and
would also allow the receipt and storage of new fuel prior to the
refueling outage. Regarding receipt and storage of the new fuel,
OPPD intends to inspect 44 new fuel assemblies and 49 new control
rods to support the 2006 refueling outage.
Once inspections are complete the assemblies are transferred from
the new fuel storage rack into the spent fuel pool. This fuel
handling operation requires more resources, presents more
radiological challenges, and is more complicated than normal
intra-spent fuel pool fuel movements. Consequently, it is OPPD's
practice to perform these operations prior to a refueling outage
before the spent fuel from the core is offloaded into the spent
fuel pool.
The proposed action is necessary because the NRC has not received
an amendment to CoC No. 1004 to allow changes to the TC dose rate
measurements, an earlier start time for vacuum drying and the use
of a method of thermal analysis that is a departure from the
methodology described in the Standardized NUHOMS[supreg] updated
FSAR. The staff would have to review such an amendment request
and only after making the appropriate findings would the staff
initiate a 10 CFR 72.214 rulemaking to implement the change. This
process typically takes at least 10 months from the receipt of
the amendment request for simple license amendments. Complex
license amendments can take over 30 months.
Therefore, an amendment to allow changes to the TC dose rate
measurements, an earlier start time for vacuum drying and the use
of a method of thermal analysis that is a departure from the
methodology described in the Standardized NUHOMS[supreg] updated
FSAR can not be completed in time to support OPPD's stated needs.
Environmental Impacts of the Proposed Action: The NRC has
completed its evaluation of the proposed action and concludes
that there will be no significant environmental impact if the
exemption is granted.
The staff has determined that the proposed action would not
endanger life or property. The potential environmental impact of
using the NUHOMS[supreg] system was initially presented in the
Environmental Assessment (EA) for the Final Rule to add the TN
Standardized NUHOMS[supreg] Horizontal Modular Storage System for
Irradiated Nuclear Fuel to the list of approved spent fuel
storage casks in 10 CFR 72.214 (59 FR 65898, dated December 22,
1994).
The staff performed a safety evaluation of the proposed
exemption.
The staff has determined that the exemption to allow changes to
the TC dose rate measurements, an earlier start time for vacuum
drying and the use of a method of thermal analysis that is a
departure from the methodology described in the Standardized
[[Page 41060]] NUHOMS[supreg] updated FSAR meets the requirements
of 10 CFR part 72 for granting an exemption. Regarding the
changes to the TC dose rate measurements, OPPD is seeking an
exemption from TS 1.2.1, and 1.2.11. The exemption from TS 1.2.1
and 1.2.11 relate to the wording in these TSs for the TC dose
rates. OPPD proposes to use a light weight TC that has reduced
shielding including the elimination of all the lead shielding
from previous versions of the TC. The reduced shielding results
in a lower weight for the TC. The OS197L TC was developed by TN
to be used at plants with reduced spent fuel pool building crane
capacity. The OS197L TC is intended for plants that are limited
to a 75 ton spent fuel pool building crane capacity. The TC that
the OS197L TC replaces (which TN designates as the OS197 TC)
requires a 100 ton spent fuel pool building crane capacity.
Because the OS197L TC has less shielding (including the
elimination of all the lead shielding) than the OS-197, the
OS197L TC surface dose rates are higher than the OS197 TC with
lead shielding. To reduce personnel doses, crane operations
associated with the OS197L TC are done remotely and supplemental
shielding is provided in the decontamination area where the DSC
is welded and on the transfer trailer that is used to transport
the OS197L TC to the horizontal storage module. The TS 1.2.1 and
TS 1.2.11 exemptions involve the use of supplemental shielding in
addition to the shielding provided by the OS917L TC to meet the
intent of the TSs. TS 1.2.11 involves the measurement of the TC
surface dose rates in the axial and radial direction. The
objective of taking these dose rate measurements is to ensure
that the DSC has not been inadvertently loaded with fuel not
meeting specification (i.e., a fuel misload), and to maintain
dose rates ALARA.
In the safety evaluation report (SER) the staff provides the
following reasons for granting the exemptions to TS 1.2.1 and
1.2.11: (1) Use of fuel with a minimum cooling time of 16.2 years
ensures that the OS197L TC surface dose rate will be
significantly lower than it would be for bounding type fuel, (2)
appropriate ALARA precautions are being taken at the FCS given
the use of the OS197L TC, and (3) use of the OS197L TC is limited
to four DSCs and is found to be acceptable at the FCS due to the
extenuating circumstances that are described in OPPD's exemption
request (e.g., limited to use of a 75 ton crane, loss of full
core offload capability, allow receipt and storage of new fuel,
and allow better management of decay heat loads within the spent
fuel pool). Additional reasons cited in the SER for granting the
exemption to TS 1.2.11 include: (1) OPPD calculated TS limits
specifically for the axial and radial directions and the
calculations in the radial direction included the supplemental
shielding, (2) OPPD's calculated values are consistent with the
TS 1.2.11 values, and (3) the applicant demonstrated that the
appropriate procedures will be in place to identify a fuel
misloading and maintain doses ALARA. Based on the technical
information provided in the exemption request, and the reasons
provided above, the staff finds that there is reasonable
assurance the applicant meets the shielding and dose requirements
of 10 CFR part 72 and 10 CFR part 20.
Regarding an earlier start time for vacuum drying, the staff
reviewed OPPD's request to change TS 1.2.17a. OPPD will start the
time limit for completing vacuum drying earlier in the loading
sequence and will use helium as the backfill gas. In the current
FSAR, draining up to 750 gallons of water from the DSC prior to
it leaving the spent fuel pool is allowed to reduce the weight on
the crane. The DSC is then placed in the decontamination area
where the inner top cover plate is welded. During the welding
process approximately 750 gallons of water remains in the DSC.
After the welding is completed and the weld examinations are
successfully performed, the remaining water in the DSC is removed
and vacuum drying is started. Unlike what is currently described
in the FSAR, OPPD plans to remove the majority of the water from
the DSC prior to it leaving the spent fuel pool. OPPD plans to
perform the welding of the DSC inner top cover plate with the DSC
in the drained condition. To support draining the DSC earlier in
the process than currently described in the FSAR, OPPD proposes
to start the time limit associated with completing vacuum drying
at the time that the initial 750 gallon drain down from the
canister is achieved, which is prior to movement of the
cask/canister to the decontamination area.
The time limits of TS 1.2.17a were selected to ensure that the
maximum cladding temperature is within the acceptable limit of
752 [deg]F during vacuum drying. These time limits also ensure
that the cladding temperature meets the thermal cycling criteria
of 117 [deg]F during drying, helium backfilling, and transfer
operations. The staff's basis for concluding that the exemption
is appropriate, as documented in the staff's SER, is that
starting the time limit for vacuum drying earlier in the loading
sequence is bounded by the thermal analysis previously performed.
Therefore, based on its review of the representations and
information supplied by the applicant the staff concludes that
the change to the sequence to drain the DSC earlier in the
process and the corresponding change to the start of the vacuum
drying time has been adequately described and evaluated by the
applicant, and finds reasonable assurance that these changes meet
the thermal requirements of 10 CFR part 72.
Regarding the change in method of evaluation related to the
modeling of the heat transfer for the OS197L TC while it is
inside the transfer trailer temporary shielding, OPPD intends to
limit the loading of the DSCs to a total heat load of 11 kW. The
supplemental shielding on the transfer trailer causes an
impediment to heat transfer.
Limiting the heat load of the DSC to 11 kW ensures that this
configuration is bounded by the design basis fuel assemblies
thermal analysis previously evaluated by the staff. The 11 kW
limit is less than the CoC No. 1004 Attachment A, Technical
Specification, Table 1-1e maximum decay heat limit of 24 kW and
is therefore bounding. Based on its review of the representations
and information supplied by the applicant the staff concludes
that the thermal design for the TC inside the transfer trailer
has been adequately described and evaluated by the applicant, and
finds reasonable assurance that by limiting the heat load to 11
kW the thermal requirements of 10 CFR part 72 are met.
The proposed action to allow changes to the TC dose rate
measurements, an earlier start time for vacuum drying and the use
of a method of thermal analysis that is a departure from the
methodology described in the Standardized NUHOMS[supreg] FSAR do
not increase the probability or consequences of accidents, and no
changes are being made in the types of any effluents that may be
released offsite.
Occupational exposures will not increase adversely because of the
use of remote handling techniques for the OS197L TC and the
additional supplemental shielding provided in the decontamination
area and on the transfer trailer. Likewise public radiation
exposure will not increase adversely due to the additional
shielding provided on the transfer trailer. For an accident
condition a complete loss of the OS197L TC neutron shield and the
transfer trailer supplemental shielding was postulated. The dose
rate at the site boundary assuming bounding fuel in a 32PT
[[Page 41061]] canister and a 100 meter site boundary is
approximately 13 mrem/hour.
This equates to a 104 mrem dose at the site boundary assuming an
8 hour recovery period. This dose is well below the 10 CFR 72.106
regulatory limit of 5000 mrem for accident conditions. Therefore,
there are no significant radiological environmental impacts
associated with the proposed action.
The exemption only affects the requirements associated with TC
dose rate measurements, an earlier start time for vacuum drying,
and the use of a different thermal analysis of the TC on the
transfer trailer and does not affect non-radiological plant
effluents or any other aspects of the environment. Therefore,
there are no significant non- radiological impacts associated
with the proposed action.
Accordingly, the Commission concludes that there are no
significant environmental impacts associated with the proposed
action.
Alternative to the Proposed Action: Because there is no
significant environmental impact associated with the proposed
action, alternatives with equal or greater environmental impact
were not evaluated.
As an alternative to the proposed action, the staff considered
denial of the proposed action. Denial of the exemption would
result in no change in the current environmental impact.
Agencies and Persons Consulted: This exemption request was
discussed with Julia Schmitt of the Nebraska Health and Human
Services Regulation and Licensure Radiation Control Program
Office on July 5, 2006. The State official had no comments
regarding the environmental impact of the proposed action. The
NRC staff has determined that a consultation under Section 7 of
the Endangered Species Act is not required because the proposed
action will not affect listed species or critical habitat. The
NRC staff has also determined that the proposed action is not a
type of activity having the potential to cause effects on
historic properties. Therefore, no further consultation is
required under Section 106 of the National Historic Preservation
Act.
Conclusion: The staff has reviewed the exemption request
submitted by OPPD. Allowing changes to the TS TC dose rate
measurements, an earlier start time for vacuum drying, and a
different method of thermal analysis of the TC on the transfer
trailer would have no significant impact on the environment.
Finding of No Significant Impact The environmental impacts of the
proposed action have been reviewed in accordance with the
requirements set forth in 10 CFR part 51.
Based upon the foregoing Environmental Assessment, the Commission
finds that the proposed action of granting the exemption from
specific provisions of 10 CFR 72.48(c)(2)(viii), 72.212(a)(2),
72.212(b)(2)(i)(A), 72.212(b)(7), and 72.214 to allow OPPD to
make changes to the TS TC dose rate measurements, an earlier
start time for vacuum drying, and a different method of thermal
analysis of the TC on the transfer trailer, subject to
conditions, will not significantly impact the quality of the
human environment. Accordingly, the Commission has determined
that an environmental impact statement for the proposed exemption
is not warranted.
In accordance with 10 CFR 2.390 of NRC's ``Rules of Practice,''
final NRC records and documents regarding this proposed action
are publically available in the records component of NRC's
Agencywide Documents Access and Management System (ADAMS). The
request for exemption dated June 9, 2006, and supplemented July
3, 2006, July 7, 2006, and July 12, 2006, was docketed under 10
CFR part 72, Docket No.
72-54. These documents may be inspected at NRC's Public
Electronic Reading Room at
http://www.nrc.gov/reading-rm/adams.html. These documents may
also be viewed electronically on the public computers located at
the NRC's Public Document Room (PDR), O1F21, One White Flint
North, 11555 Rockville Pike, Rockville, MD 20852. The PDR
reproduction contractor will copy documents for a fee. Persons
who do not have access to ADAMS or who encounter problems in
accessing the documents located in ADAMS, should contact the NRC
PDR Reference staff by telephone at 1-800-397-4209 or (301)
415-4737, or by e-mail to
pdr@nrc.gov. Dated at Rockville, Maryland, this 13th day of July,
2006.
For the Nuclear Regulatory Commission.
Joseph M. Sebrosky, Senior Project Manager, Spent Fuel Project
Office, Office of Nuclear Material Safety and Safeguards.
[FR Doc. E6-11408 Filed 7-18-06; 8:45 am] BILLING CODE 7590-01-P
*****************************************************************
33 Las Vegas SUN: Doubts Raised Over Nuclear Waste Plan
Today: July 19, 2006 at 12:55:36 PDT
By ERICA WERNER ASSOCIATED PRESS
WASHINGTON (AP) - The new head of the government's Yucca
Mountain nuclear waste dump has doubts about a Senate plan for
temporary storage of highly radioactive nuclear waste pending
completion of Yucca.
"I'm not saying it can't be done but it's going to be a
challenge," Edward F. "Ward" Sproat, director of the Energy
Department's Office of Civilian Radioactive Waste Management,
told reporters Wednesday.
Sproat, a former nuclear industry executive, also said that if
Yucca Mountain opens in Nevada in 2017 - a new completion date
announced this week - there may be no need for interim storage
anyway.
"The timeframes needed to design, license and probably litigate
a centralized or several centralized storage facilities" could
likely stretch to 2017, Sproat said.
Yucca Mountain, 90 miles northwest of Las Vegas, is supposed to
be the first national repository for nuclear waste. It's meant
to hold 77,000 tons of the material for thousands of years.
But a series of problems including lawsuits and funding
shortfalls have delayed the project, and more than 50,000 tons
of nuclear waste is now piling up at nuclear power plants in 31
states, with nowhere to go. The government is facing mounting
legal liability because it was contractually obligated to begin
storing the material starting in 1998.
That's led some in Congress to push for interim storage sites.
The Senate Appropriations Committee has approved a plan by
Energy Committee Chairman Pete Domenici, R-N.M., that would
allow the government to store nuclear waste for up to 25 years
at federal sites across the country that could open five or six
years from now.
Domenici said Tuesday that even with the new 2017 deadline his
plan still is needed, because "we must do something now to meet
this obligation."
While questioning the interim storage plan, Sproat said the
mounting liability to utilities - estimated to reach $7 billion
by 2017 - needed to be addressed.
Some utilities already have filed lawsuits - and won favorable
rulings in the courts - claiming the government owes them
millions of dollars for failing to take their waste.
While in the private sector Sproat was the lead negotiator in a
nuclear waste settlement that Exelon Corp. reached with the
Energy Department in 2004. He said he wanted to renew
discussions with utilities on settlement agreements that might
limit the government's liability.
Sproat also said that the Energy Department will not be able to
achieve the new March 31, 2017, deadline to open Yucca unless
Congress approves a package of legislative reforms that would
increase the waste storage capacity at Yucca, ensure a steady
funding stream and make other changes.
All contents copyright 2005 Las Vegas SUN, Inc.
*****************************************************************
34 People's Daily Online: Colombia bars entry of toxic, nuclear waste
UPDATED: 10:43, July 19, 2006
Columbia's Environment Minister Juan Lozano Ramirez announced on
Tuesday that Colombia had passed a resolution banning nuclear
waste and refuse hazardous for human health from entering its
territory.
While Colombia allows the import of toxic waste under the Basel
Treaty, the new measure stipulates that "dangerous residues will
not be importable unless there are assurances that there is an
industrial process which eliminates all risks to the life and
health of Colombians," said Lozano Ramirez.
"Let it be clear to everyone: under no circumstances will we
allow Colombia to become a graveyard for toxic waste. The door
is completely closed and this resolution confirms it," Lozano
said.
Colombia will demand the observance of all international
agreements under the Basel Convention to "ensure the total
transparency and technical perfection of this process," the
minister added.
Source: Xinhua
Copyright by People's Daily Online, all rights reserved
*****************************************************************
35 Lincoln County News: Regional Nuclear Disposal Site at Maine Yankee Opposed
Maine and Lincoln County
Story date: 07/19/2006
By Greg Foster
Prospects of Maine Yankee in Wiscasset as a regional nuclear
spent fuel storage site raises serious concerns, although it is
speculation at this point with uncertain funding support for the
Bush administration’s proposal.
The possibility of such a project came to light during a
gathering a week ago of concerned citizen groups at the
University of Maine at Augusta and the University of Maine at
Orono with Dr. Edwin Lyman, senior scientist with the Union of
Concerned Scientists.
Charles Pray, the state’s nuclear safety advisor attended those
sessions and has some observations to make on the issue. “There
is a little bit more saber rattling than is necessary,” Pray
said in an interview this week.
President George Bush earlier this year introduced the proposed
Global Nuclear Energy Partnership Program (GNEP) to Congress
seeking $250 million, but the House of Representatives has voted
to provide only $120 million, fearing it would detract from
plans for the national repository at Yucca Mountain in Nevada.
The Senate’s bill, known as the Senate Energy and Water
Appropriations Bill, suggests the use of the Nuclear Waste Fund
for interim storage facilities in 33 states with nuclear power
plants. Congress originally established the fund for the express
purpose of providing cost-effective centralized storage and
permanent disposal of spent nuclear fuel and high-level
radioactive waste.
If the full Senate should agree with the committee’s bill, the
differences between the House and Senate would have to be ironed
out in conference.
The GNEP includes a plan to recycle spent nuclear fuel and to
help developing nations with nuclear power that Pray considers
somewhat like the Eisenhower Administration’s Atoms for Peace
project. The plan requires development of technology that would
provide sort of an update to Atoms for Peace, in his estimation.
The plan calls for the creation of recycling plant would only
be located in countries that are “fuel supplier nations” to
reduce the proliferation risk, according to the federal Dept. of
Energy (DOE).
“People need to approach this levelheadedly,” Pray said. “We’re
aware, we’re hoping people are going in with open eyes.”
The House expressed its disappointment that the administration’s
bill did not include a provision for interim storage. The Senate
appropriations bill requires the Secretary of Energy to identify
a site for a consolidation and preparation facility for interim
storage of spent nuclear fuel in each state in which there is
nuclear power plant or to identify a regional facility site.
Pray is urging the Congressional delegation to get the jump on
the proposed legislation before it is too late for debate on
pertinent issues that affect Maine, as well as other sites
throughout the United States. He said he is pleased that the
delegation has responded to the task and has been vocal in its
opposition to any prospect using Maine Yankee as a regional
disposal site.
“The Maine delegation is raising questions now,” he said. “They
know the state’s concerns and the Governor’s concerns.”
Pray said that Governor John Baldacci raised his objections
early. “He’s not taking a position on GNEP, but he doesn’t want
to lose focus on Yucca Mountain.”
Gov. John Baldacci has sent a letter to U.S. Sen. Peter
Domenici (R-NM), chairman of the Senate appropriations
committee, expressing strong opposition to the Senate proposal,
stating that it may lead to long-term storage of high level
radioactive waste materials at the Maine Yankee site.
“I find this proposal very troubling for the health and safety
of Maine citizens,” Baldacci said. “If passed as drafted by the
subcommittee, the federal government would have the ability to
place such dangerous materials in Maine without state input and
keep them here for 25 years. I believe the federal government
would serve Maine people and the nation better if they were to
follow though on the promise of the permanent long-term national
nuclear waste storage facility.”
In his letter to Domenici, the Governor states, “I am
vigorously opposed to your proposal because of its intention to
leave high-level nuclear waste in 31 states, in storage
facilities never designed, intended or evaluated for this
purpose or in regional collection sites, while at the same time
the assessments taken from electric customers to pay for a
single, safe, and permanent storage repository are not being
used as intended.”
Maine Yankee spokesman Eric Howes voiced skepticism about how
the connection between the GNEP and the possibility of a
regional disposal site came about in the first place in light of
the uncertainty surrounding GNEP.
“There are a number of competing proposals before the Congress
for reforming the spent nuclear fuel program. Whether any will
emerge from the legislative process this fall is far from
certain,” Howes said this week.
Meanwhile, the Senate appropriations committee has voted to
provide the requested $250 million, which means that if the full
Senate approves the measure, it will have go to conference to
determine the final figure.
Currently Maine Yankee has 60 concrete dry casks containing
spent nuclear fuel rods and another four casks with greater than
class C nuclear waste at its storage facility. It is among
several companies throughout the United States that have sued
the federal government for not living up to its promise of a
national repository by 1998.
Plans for provisions for such have already been postponed
several times, leaving operations like Maine Yankee with
alternatives like a local storage installation to take care of
its waste from the decommissioned plant. The current Bush
Administration has set a 2015 date, and other officials believe
it could be beyond that.
Pray argued that Yucca Mountain is the best place for the spent
fuel, since it is relatively remote in a desert area and is a
mile above sea level, unlike the current Maine Yankee facility
and thus free from the danger of flooding or a possible rise in
the water level in the future as some scientists believe will
occur from global warming.
“At this point there are more questions than answers about the
various proposals,” Howes said. “Meanwhile, Maine Yankee
continues to work with the State of Maine and others for the
removal of spent nuclear fuel from the Wiscasset site.”
Company officials earlier this year voiced skepticism about the
GNEP and at the same time fears that the focus might diminish
for the Yucca Mountain project. The multi-billion dollar
proposal includes a future model plant for reprocessing of high
level nuclear waste and spent nuclear fuel has the possibility
of taking too much of the focus away from the national
repository project, they fear.
The stated purpose of GNEP is a comprehensive strategy to
increase the United States and global energy security, encourage
clean development around the world, reduce the risk of nuclear
proliferation, and improve the environment.
The Nuclear Waste Strategy Coalition (NWSC) has issued a
statement against the wording of the Senate committee’s
appropriations bill suggesting that the DOE may make
expenditures from the Nuclear Waste Fund for siting,
construction, and operation of consolidation and preparation
facilities.
“We respect Chairman Domenici (R-NM) for his leadership in
addressing nuclear issues and nuclear waste policy,” said
Commissioner LeRoy Koppendrayer. “However, the proposal of
interim storage facilities in 33 states does not advance any
solution. We should be talking about reforming the fees paid
into the Nuclear Waste Fund as offsetting collections to protect
future funding of the permanent repository. Instead we are now
talking about stranding waste indefinitely throughout the
nation.”
The National Association of Regulatory Utility Commissioners
has recently issued a statement about the bill. Chairman Brian
Moline said in a letter to U.S. Rep. Joe Barton of the House
Energy and Commerce Committee, “We have urged Congress and DOE
to consider interim storage for spent fuel as long ago as it was
clear that DOE would be unable to begin waste acceptance form
the utilities per the Nuclear Waste Policy Act and the contracts
providing that. But that concept of interim storage was more
along the lines of establishing an interim site at or near the
repository.”
Moline said that a “dollar spent on interim storage at CAP
(consolidation and preparation) sites is a dollar not available
to the intended use of building the repository” and calls for
honoring the original standard contract’s “oldest fuel first”
priority by a few interim storage facilities to accommodate the
stranded spent fuel from shutdown reactor sites.
Howes stated at the last Community Advisory Panel meeting
earlier this year, “It (GNEP) will cost billions of dollars and
is decades away from being commercially viable.” Officials at
the time voiced concern that the GNEP would detract from the
need for a national repository.
Howes said this week that no further action on the House and
Senate appropriation bills is expected until this fall, possibly
after elections.
“In April the Administration’s reform legislation was introduced
in both the House and Senate but no action has been taken on
it,” he said. “Whether any spent nuclear fuel legislation will
be enacted during this Congress is very much an open question.”
Should the DOE ever decide in the future that Maine Yankee is a
viable site for perhaps a regional disposal site, it could take
the property for that purpose, but Maine Yankee is hoping for
removal of the fuel before that ever happens. The dry casks are
not set up for permanent long-range storage but rather are
designed for an interim period only until the national
repository or other alternative is found, according to Howes.
One of the alternatives Maine Yankee has been seeking is a
private storage facility in Utah being proposed by a consortium
of nuclear power companies.
In the meantime, the company is seeking $79 million in damages
in claims it has incurred because of a need to store its spent
fuel and other high level nuclear waste at the former plant site
in Wiscasset.
Vol. 131 - No. 28
owned by Lincoln County News © 2002
*****************************************************************
36 Deseret News: Sierra Club wants to block uranium waste shipments
[deseretnews.com]
Wednesday, July 19, 2006
By Stephen Speckman
Deseret Morning News
An environmental group doesn't want nearly 32,000 tons of what it
calls radioactive waste from Oklahoma to travel down the main
streets of Moab, Monticello and Blanding on its way to a disposal
facility on White Mesa in San Juan County.
['Photo'] Deseret Morning News graphic
The Glen Canyon Group of the Sierra Club's nuclear-waste
committee recently filed a petition with the Utah Division of
Radiation Control to stop the waste coming from FMRI Inc., in
Muskogee, Okla., into Utah.
The waste would be shipped to the International Uranium
Corp.'s mill on White Mesa, a sparsely populated plateau in
southeastern Utah. Earlier this month, the DRC granted an
amendment request by the mill's owners to accept the new waste,
which the DRC calls "alternate feed material."
"I know there are people on White Mesa who are concerned
about various health problems," said Sarah Fields, chairwoman of
the Glen Canyon Group's nuclear-waste committee.
One of the fears about the waste from FMRI Inc. is over
thorium, found naturally in the earth's crust and contained in
the waste from Oklahoma. As thorium decays, it produces the
radioactive gas radon. The concern about radon is that it could
cause lung cancer in humans.
In a hearing last January in front of the DRC, Thelma
Whiskers, a Ute Indian, asked the DRC to move the mill to
protect Utes living nearby from getting sick. She says activity
at the mill, which has been in operation for more than 20 years,
is making people ill.
"So I wish you people would listen to me," Whiskers said.
"We don't want it to be close to the Ute Reservation."
The Glen Canyon Group's petition calls for a new
adjudicative-type hearing that would include lawyers for all
parties. The group also wants the meeting to be open to the
public and held in Blanding, located about four miles from the
mill. Normally such a hearing is held in Salt Lake City.
The DRC previously listened to public comment about the
mill's amendment during a public hearing Jan. 5 in Blanding.
Dane Finerfrock, DRC director, said in that hearing he
addressed public concerns about dangerous chemicals in the waste
and radon. As of this week, he is still satisfied with the
amendment request.
"Is it a done deal? No." Finerfrock said in a phone
interview. "That's why we're going through the appeals process.
"We believe the tailings (waste) can be disposed of by
IUC safely," he added.
For more than 10 years, the mill has received hundreds of
thousands of tons of radioactive waste from at least four states
and parts of Canada. Each time waste is accepted from a source
not listed in IUC's license, an amendment to the mill's license
is required.
Out of 18 previous requests for amendments to the mill's
license, allowing it to receive, store and process waste from
various sites, there have been requests for 23 hearings to voice
opposition to the amendments. Four hearings were granted, yet
all 18 amendments were approved by the Nuclear Regulatory
Commission's Atomic Safety and Licensing Board.
The recent petition asks the Utah Radiation Control Board
to invalidate the DRC's decision permitting the mill to receive
the waste from Oklahoma. In 2004 the NRC gave up oversight of
uranium mills to the state.
The Radiation Control Board is scheduled to meet Aug. 4
in Salt Lake City. Board members will decide then whether to
grant the request for another hearing in Blanding that will
include attorneys.
A lawyer for the Glen Canyon Group said the White Mesa
mill is only supposed to process and dispose of natural uranium
ore. Accepting waste from Oklahoma would turn the mill into a
"dump for the metal manufacturing industry's radioactive trash,"
attorney Travis Stills said in a press release.
FMRI Inc. is a subsidiary of Fansteel, which until 1989
operated a "rare metal extraction" facility at its Muskogee
site. Fansteel eventually filed for bankruptcy, and in 2003,
FMRI was set up to decommission Fansteel's Muskogee facility and
coordinate a $30-million project to clean up the site, where
there is still leftover ore, or waste, that is valued for its
uranium content.
The White Mesa mill would extract the uranium from
material transported from Oklahoma and store the remaining waste
in cells, which are lined retention ponds that are usually dry.
The mill and its storage cells are on private land,
surrounded by Indian reservation and land controlled by the
Bureau of Land Management.
More than 4,000 people live within 10 miles of the mill,
and more than 21,000 live within 50 miles. More than half the
population of San Juan County is Native American, which includes
Navajo Indians and members of the White Mesa band of the Ute
Mountain Indians, one of three tribes that make up the Ute
Indian Tribe.
E-mail: sspeckman@desnews.com
© 2006 Deseret News Publishing Company
*****************************************************************
37 AU ABC: US moves to block uranium enrichment don't faze PM.
19/07/2006. ABC News Online
John Howard says he is not concerned about the US position
against uranium enrichment.
Prime Minister John Howard says he is not worried about the
United States program to discourage other countries from
entering the uranium enrichment industry.
US President George W Bush is pursuing a global nuclear energy
partnership, which seeks to curb the expansion of uranium
enrichment beyond nations that already have the capacity.
A Federal Government inquiry is considering whether uranium
enrichment should be conducted in Australia.
Mr Howard says he is not concerned about the US position
against such a move.
"I don't need to talk to the US President every day about
everything that pops up," Mr Howard said.
"I mean he's running his own country and I'm Prime Minister of
Australia and we sort of go our separate ways - we don't talk to
each other each few days," he said.
*****************************************************************
38 AU ABC: Indigenous community to challenge nuclear dump proposal.
19/07/2006. ABC News Online
A Warlmanpa woman says her people will challenge the Northern
Land Council (NLC) over its proposal to allow a nuclear dump
site at Muckaty in the Barkly region of the Northern Territory.
Marlene Bennett says the majority of Warlmanpa people are
opposed to the plan.
She says the NLC's consultation process is flawed and she is
concerned people with a traditional connection to the land are
being duped.
"They've sent an invitation to John Daley from the NLC to come
and meet with them," she said.
"They want to inform him face to face that he has no right to
be discussing a nuclear waste site in their country without
their informed consent."
*****************************************************************
39 AU ABC: Howard wants nuclear waste dump in Australia, Opposition says.
20/07/2006. ABC News Online
Labor MP Anthony Albanese says the Prime Minister wants a
domestic nuclear industry.
Howard wants nuclear waste dump in Australia, Opposition says
The Federal Opposition says Prime Minister John Howard's real
agenda concerning nuclear power is to turn Australia into "the
world's nuclear waste dump".
The claim was made in a speech to an ALP think tank last night
in Sydney.
Federal Labor's environment spokesman Anthony Albanese says
that while the Prime Minister wants a domestic nuclear industry,
his immediate plan lies in uranium enrichment, and what he
described as nuclear "leasing".
He says this means Australia would provided enriched uranium to
other countries for use in nuclear power, with the high level
waste then being returned.
"Under this plan, Australia would be the quarry and the dump,"
he said.
"It would mine and enrich uranium and become the world's
nuclear waste dump."
While a Federal Government inquiry is currently considering
uranium enrichment, Mr Albanese says Mr Howard has given clear
signals he wants Australia to embark on such a path.
*****************************************************************
40 News & Star: Sellafield probe into water leak from pond
Published on 19/07/2006
By Andrea Thompson
SELLAFIELD operator British Nuclear Group is in trouble again –
this time with the Environment Agency – following a leak of
radioactive water at the nuclear plant.
The news comes as BNG awaits sentencing for the massive
radioactive leak which closed the Thorp reprocessing plant last
year.
It faces an unlimited fine after admitting three charges brought
by the Health and Safety Executive as a result of the Thorp leak,
which went undetected for nine months.
The Environment Agency has now issued an enforcement notice
following a leak at one of the Sellafield storage ponds in
February.
Pond 4 was overfilled with cooling water and as a result,
radioactive water leaked from a gap in the wall.
Although water was contained within the plant the Environment
Agency criticised failings by British Nuclear Group.
The agency said the volume of water lost was minute, but that
the incident showed a “disappointing†lack of controls at
the plant.
It has issued an enforcement notice, which demands action be
taken to prevent a similar occurrence.
Failure to comply with the notice is an offence.
Andy Mayall, leader of the Environment Agency’s Sellafield
Team said: “Although there was no environmental harm and the
response and investigation were effective, we are extremely
disappointed about the control, maintenance and other failings
that led up to this event.â€
BNG said a full investigation was carried out and improvement
measures have been taken to prevent a re-occurrence.
A company spokesman added: “There was no risk to anyone as a
result of this event, nor was there any environmental impact.
“The pond was overfilled as a result of some statutory test
work that was being carried out on the pond.
“Although the water didn’t actually overflow from the top of
the pond, it did escape from an expansion joint in the pond
wall.
“A full investigation has been carried out.â€
*****************************************************************
41 times and star: Nuke plant in hot water again
workington lake district
Published on 19/07/2006
SELLAFIELD operator British Nuclear Group is in trouble again -
this time with the Environment Agency - following a leak of
radioactive water at the nuclear plant.
The news comes as BNG awaits sentencing for a massive radioactive
leak which closed the Thorp reprocessing plant last year.
The Environment Agency has now issued an enforcement notice
following a leak at one of the Sellafield storage ponds in
February.
Pond 4 was overfilled with cooling water and as a result,
radioactive water leaked from a gap in the wall, although water
was contained within the plant.
*****************************************************************
42 Australian: Nuclear opportunity seen as too good to waste |
Mike Steketee: Opinion |
+ July 20, 2006
An influential businessman says the PM is right: Australia can
be an energy superpower, writes National affairs editor Mike
Steketee July 20, 2006
AUSTRALIAN businessman John White's ideas fit neatly with John
Howard's assertion this week that, with projections of world
energy demand doubling by 2050, Australia could become an energy
superpower if it adopts the right policies.
"This is business worth hundreds of billions of dollars over
the next 50 years," says White. "It can contribute to Australia
becoming an energy superpower this century."
The business White refers to is the nuclear industry and, as he
sees it, it should involve much more than shipping uranium out
of the country. It was White and other members of an
international panel who helped persuade the Bush administration
of the merits of nuclear leasing, under which countries that
supply nuclear fuel also take back the waste to ensure it is not
diverted into nuclear weapons. It is this policy, on which the
Prime Minister was briefed when he was in Washington in May,
that prompted him to think about Australia's future as a uranium
exporter, including value adding through enrichment.
White has done much of this thinking already. Nuclear leasing
could increase the value of uranium to Australia by between
three and five times, he says. He believes the most suitable
geological site in the world for permanent nuclear waste
disposal is in remote South Australia, between Olympic Dam and
Maralinga. By happy coincidence, that is close to the largest
uranium mine in the world, and one undergoing a big expansion.
This opens up possibilities for uranium enrichment, the
fabrication of nuclear fuel and using the Adelaide to Darwin
railway to transport the fuel to Darwin and the waste back to
Maralinga.
Of course, White is running way ahead of the politicians, who
have the reaction of voters to think about. But Howard, as Paul
Kelly reported yesterday, is attracted to Australian enrichment,
putting it in the context of the opportunity we missed in the
wool industry by not engaging in processing for export.
Ultimately, that could mean the Americans prevailing on us to
take part in nuclear leasing.
Industry Minister Ian Macfarlane, asked his attitude to nuclear
leasing yesterday, did not completely close off the option:
"There's a comprehensive review under way and it's probably a
good time to keep an open mind. But a decision on any sort of
leasing arrangement would obviously require community
understanding, support and a public will to go in that
direction."
However Macfarlane was not keen to canvass the politically
difficult part of nuclear leasing. "The key issues are do we
proceed to enrichment and at what price is nuclear power a
viable alternative in Australia," he said. "I would like to see
those issues resolved rather than getting bogged down in whether
we take someone else's nuclear waste."
But White's views are relevant and not only because he heads the
waste management firm Global Renewables and is one of four
members of the Nuclear Fuel Leasing Group, the private body that
helped sell the concept to the Bush administration. It was
Macfarlane who appointed him last year to chair an inquiry into
the issues involved in an expansion of the Australian uranium
industry. That is separate from the higher profile inquiry
announced by Howard last month by a task force headed by former
Telstra head and nuclear physicist Ziggy Switkowski into uranium
mining, processing and the contribution of nuclear energy in
Australia in the long term.
It means White has the ear of government. "I have sat down and
listened to his arguments and he has conveyed them very clearly
to me," said Macfarlane. "But we are not ready to consider
taking other people's waste." White, too, stresses that his
promotion of nuclear leasing is separate from the work he is
doing for Macfarlane.
But that does not stop him talking up the idea. "Australia has
some remarkable opportunities here, with our secure political
system, our intelligent, technologically capable society and, in
the case of uranium, our unsurpassed safe geology. We have the
opportunity of creating a safe and clean world. We can also have
great strategic leverage."
White acknowledges the public concerns about going nuclear. "But
people need to get out of their trenches which they dug for good
reasons 30 or 50 years ago. Things have changed. Climate change
has become arguably the greatest threat to life on earth.
Terrorism is getting worse and worse. The need for secure and
clean energy is paramount and no country is an island; we must
play our role in the international community.
"Technology has advanced enormously to make it possible to do
things which were not necessarily safe or desirable 30 or 50
years ago." That included permanent and safe waste disposal in
synthetic rock and the ability to track the movement of fuel
rods to ensure they did not fall into the hands of terrorists.
In the area near Maralinga, he said, there was no groundwater
movement and no evidence of geological movement for up to 800
million years. "In some of that country there are the best
natural formations in the world in which one could safely store
this material at very, very low cost."
That leaves the NIMBY politics. A few decades of brawling about
what to do with the tiny amounts of waste generated by the Lucas
Heights reactor in Sydney looks as if it may be resolved but
only by the commonwealth overriding the Northern Territory
Government and saying it will store it on defence land.
Given the threat of climate change and terrorism and the
economic opportunities for Australia, White believes the public
debate could swing around within five years. That seems
optimistic.
Some of White's other arguments also can be challenged.
Transporting waste, on top of nuclear fuel, across large
distances, raises its own security concerns. Many do not accept
that there is a solution to permanent disposal. The long time it
would take to achieve a significant increase in nuclear
generating capacity may mean it can make only a small
contribution to tackling climate change.
But White is confronting reality. Australia is not going to look
a gift horse in the mouth, under either conservative or Labor
governments, by refusing to sell greatly increased amounts of
uranium in future years. We should bear some responsibility for
what happens to it in the age of terror.
Privacy Terms © The Australian
*****************************************************************
43 DOE: 48 CFR Parts 904 and 952
FR Doc 06-6319
[Federal Register: July 19, 2006 (Volume 71, Number 138)] [Rules
and Regulations] [Page 40880-40886] From the Federal Register
Online via GPO Access [wais.access.gpo.gov] [DOCID:fr19jy06-3]
RIN 1992-AA27 Computer Security; Access to Information on
Department of Energy Computers and Computer Systems AGENCY:
Department of Energy.
ACTION: Final rule.
SUMMARY: The Department of Energy (DOE) is publishing regulations
to codify minimum requirements governing access to information on
Department of Energy computers.
DATES: This rule is effective August 18, 2006.
FOR FURTHER INFORMATION CONTACT: Warren Udy, Acting Associate CIO
for Cyber Security, Office of Chief Information Officer, NNSA
(NA-65), 1000 Independence Avenue, SW., Washington, DC 20585,
(202) 586-1283; Gordon Errington, Acting Associate CIO for Cyber
Security, Office of the Chief Information Officer, DOE (IM-1),
1000 Independence Avenue, SW., Washington, DC 20585, (202)
586-9595, or Samuel M. Bradley, Office of General Counsel
(GC-53), 1000 Independence Avenue, SW., Washington, DC 20585,
(202) 586-6738.
SUPPLEMENTARY INFORMATION: I. Background II. Discussion of
Comments and Final Rule III. Regulatory Review I. Background
Pursuant to the DOE Organization Act (42 U.S.C. 7101, et seq.)
and the Atomic Energy Act of 1954 (AEA) (42 U.S.C. 2011, et.
seq.), DOE carries out a variety of programs, including defense
nuclear programs.
DOE performs its defense nuclear program activities in the
Washington, DC area, and at locations that DOE controls around
the United States, including national laboratories and nuclear
weapons production facilities. DOE contractors operate the
national laboratories and production facilities.
[[Page 40881]] DOE, as the successor agency to the Atomic Energy
Commission, has broad responsibilities under the AEA to protect
sensitive and classified information and materials involved in
the design, production, and maintenance of nuclear weapons (42
U.S.C. 2161-69, 2201). DOE also has a general obligation to
ensure that permitting an individual to have access to
information classified under the AEA will not endanger the
nation's common defense and security (42 U.S.C. 2165b). In
addition, various Executive Orders of government-wide
applicability require DOE to take steps to protect classified
information. Executive Order No. 12958, Classified National
Security Information (April 17, 1995), requires the Secretary to
establish controls to ensure that classified information is used
only under conditions that provide adequate protection and
prevent access by unauthorized persons. Executive Order No.
12968, Access to Classified Information (August 2, 1995),
requires the Secretary to establish and maintain an effective
program to ensure that employee access to classified information
is clearly consistent with the interests of national security.
However, DOE's obligation to protect information is not limited
to classified information and materials involved in the design,
production, and maintenance of nuclear weapons. DOE is obligated
to protect, according to the requirements of various laws,
regulations and directives, information which it creates,
collects, and maintains. Much of this information is sensitive
but unclassified.
In recent years, in order to protect its information, DOE has
developed and elaborated policies that limit unauthorized access
to DOE computer systems, particularly those used for work with
classified information, and assure that no employee misuses the
computers assigned for the performance of work-related
assignments. DOE has issued these policies in the form of
internal directives in the DOE Directives System. These
directives apply to DOE employees and to DOE contractors to the
extent their contracts require compliance. Directives that apply
to DOE contractors are listed in an appendix to the contracts
under the standard Laws, Regulations, and DOE Directives clause
that is set forth at 48 CFR 970.5204-2. The directives issued by
DOE relating to computer security include DOE Notice 205.3,
Password Generation, Protection, and Use, which establishes
minimum requirements for the generation, protection, and use of
passwords to support authentication when accessing classified and
unclassified DOE information systems where feasible; and DOE
Order 471.2A, Information Security Program, and DOE Manual
471.2-2, Classified Information Systems Security Manual, which
require that warning banners appear whenever an individual logs
on to a DOE computer. A DOE memorandum signed by the Chief
Information Officer on June 17, 1999, requires that the banner
inform users that activities on the system are subject to
interception, monitoring, recording, copying, auditing,
inspection, and disclosure. The banner notifies users that
continued use of the system indicates awareness of and consent to
such monitoring and recording. Other directives relevant to
computer security include DOE O 200.1, Information Management
Program; DOE P 205.1, Departmental Cyber Security Management
Program; DOE O 205.1, Cyber Security Management Program; DOE O
470.1 Chg 1, Safeguards and Security Program; DOE O 471.1A,
Identification and Protection of Unclassified Controlled Nuclear
Information; DOE O 5639.8A, Security of Foreign Intelligence
Information and Sensitive Compartmented Information Facilities;
and DOE O 5670.3, Counterintelligence Program.
These directives are available for inspection and downloading at
the DOE Web site, http://www.directives.doe.gov. Sections 3235
and 3295(c) of the National Defense Authorization Act for Fiscal
Year 2000 (NDAA) (50 U.S.C. 2425, 2483(c)) require DOE to
promulgate regulations establishing certain requirements for
access to information on National Nuclear Security Administration
(NNSA or Administration) computers. The key provision in section
3235 requires NNSA employees and contractor employees with access
to information on NNSA computers to give written consent for
access by an authorized investigative agency to any
Administration computer used in the performance of his or her
duties during the term of that employment and for a period of
three years thereafter. Section 3235(c) defines the term
``authorized investigative agency'' to mean an agency authorized
by law or regulation to conduct a counterintelligence
investigation or investigations of persons who are proposed for
access to classified information to ascertain whether such
persons satisfy the criteria for obtaining and retaining access
to such information. The written consent requirement in section
3235(a) is mandatory as it pertains to individuals with access to
or use of NNSA computers or computer systems. An individual that
does not provide such written consent may not be allowed access
to or use of NNSA computers or computer systems.
Upon the recommendation of the Administrator of NNSA, the
Secretary of Energy has determined that the requirements of
section 3235 should be applied to the entire DOE complex. In
arriving at this determination, the Secretary took into account
that the considerations underlying section 3235 with respect to
information on NNSA computers also apply to other information on
computers throughout the DOE complex; that the requirements of
section 3235 are similar to DOE's present computer access
policies; and that DOE and DOE contractor computers outside of
the NNSA organization occasionally contain NNSA information.
Consistent with section 3235 and general rulemaking authorities
in the DOE Organization Act, DOE on March 17, 2005 proposed a new
Part 727 to Title 10 of the Code of Federal Regulations (CFR) to
codify computer access policies and, also, proposed conforming
amendments to its acquisition regulations that would apply to
prime contractors consistent with the terms of their contracts
with DOE (70 FR 12974).
DOE received written comments from Battelle Energy Alliance, LLC,
the management and operating contractor for DOE's Idaho National
Laboratory (hereafter ``Battelle'') and from Brookhaven Science
Associates, the management and operating contractor of Brookhaven
National Laboratory (hereafter ``Brookhaven''). After carefully
considering all issues raised by the comments and making
appropriate revisions, DOE today publishes a final rule which
codifies the minimum requirements governing access to information
on Department of Energy computers.
The Secretary has approved this notice of final rulemaking for
publication.
II. Discussion of Comments and Final Rule This portion of the
Supplementary Information discusses the issues raised by the
public comments on the proposed rule and any changes to the rule
that DOE has made in response to the comments. All of the
specific comments relate to provisions of proposed Part 727,
although the comments also may apply to the proposed conforming
amendments to DOE's acquisition regulations.
1. Scope and applicability. Both comments addressed the scope
(proposed Sec. 727.1) and the applicability
[[Page 40882]] (proposed Sec. 727.3) provisions in the proposed
rule and made recommendations for changes.
Battelle urged DOE to limit the scope of the rule to classified
computer systems because such a limitation would be consistent
with the statute and because the benefits from including other
DOE computers would be outweighed by implementation costs. It is
clear from Battelle's comment that it read the proposed rule to
require the obtaining of written consent from members of the
public who send e-mail to DOE computers or visit DOE Web sites.
Battelle also asked for clarification on whether summer students,
domestic and foreign visitors, and collaborators under various
types of agreements (e.g., cooperative research and development
agreements, laboratory-directed research and development
agreements) were covered by the rule.
Brookhaven had similar concerns and recommendations. Its comment
states: As currently drafted, the proposed rule would require
written acknowledgement of a ``no privacy expectation'' with
anyone seeking to communicate with any computer or computer
system owned, supplied or operated by DOE. This would include
students, government officials, private individuals and
businesses, educational institutions, and the occasional personal
email from friends and family. To obtain and maintain written
authorization from such a plethora of entities would be
unrealistic.
Brookhaven, page 1. It also commented that some of the persons
who would be covered by the proposed rule are not DOE contractors
or subcontractors or employees of DOE contractors or
subcontractors and, thus, would not be covered by DOE contracts.
DOE has made several revisions to the rule in response to
comments on the scope and applicability provisions of the
proposed rule.
DOE has revised both Sec. 727.1 and Sec. 727.3 to create a new
paragraph (b) in each section to provide that the only provision
of Part 727 that applies to a person who uses a DOE computer only
by sending an e-mail message to such a computer is Sec. 727.4,
the general expectation of privacy provision. Each of those
sections now has a paragraph (a) that covers individuals who are
granted access by DOE or DOE contractors and subcontractors to
information on DOE computers. In addition, DOE has revised the
definition of ``individual'' in Sec. 727.2 to expressly exclude
a member of the public who sends an e-mail message to a DOE
computer or who obtains information available to the public on
DOE websites. DOE never intended the rule to apply to members of
the public who obtain information from publicly accessible
websites, nor did it intend provisions, such as the written
consent requirement, to apply to members of the public who only
e-mail messages to DOE computers.
The revised scope and applicability provisions are consistent
with section 3235 of the NDAA. Section 3235(a) provides that, at
a minimum, DOE's computer access procedures must apply to ``any
individual who has access to information on an Administration
computer'' (50 U.S.C. 2425(a)). Section 3235(b) provides that,
notwithstanding any other provision of law, ``no user of an
Administration computer shall have any expectation of privacy in
the use of that computer.'' (50 U.S.C. 2425(b)). This final rule
maintains the statutory distinction between ``individuals''
granted access to information on DOE computers and other
``users'' of DOE computers.
DOE believes the revisions described above address the concerns
raised by the commenters, and it rejects other suggestions for
limiting the scope and applicability of the rule. In particular,
DOE does not agree with the comment that the rule should be
limited to access to classified computers. As explained in the
notice of proposed rulemaking (51 FR 12975) and the Background
section of this Supplementary Information, the Secretary of
Energy has decided that the requirements of section 3235 should
be applied to the entire DOE complex because the considerations
underlying section 3235 also apply to other information on
computers throughout the DOE complex. Also, as discussed in the
section below on ``Definitions,'' DOE has not narrowed the
definition of ``computer'' in other ways to restrict the scope of
the rule.
2. Definitions. Both commenters addressed the definition of
``computer'' in proposed Sec. 727.3, which defines the term to
mean ``desktop computers, portable computers, computer networks
(including the DOE network and local area networks at or
controlled by DOE organizations), network devices, automated
information systems, or other related computer equipment owned
by, leased, or operated on behalf of the DOE.'' Battelle asked if
the term included ``Blackberry'' devices and cell phones.
Brookhaven said the definition was overbroad and would cause a
problem for implementing the written acknowledgement and consent
requirement in Sec. 727. 5 because ``anyone who accesses the
[DOE] home page or any individual DOE site's homepage is an
individual and user under this rule.'' Brookhaven, page 2. DOE
has not revised the definition of ``computer'' in response to
these comments. DOE believes the catch-all language in the
definition (i.e., ``or other related computer equipment owned by,
leased, or operated on behalf of the DOE'') is broad enough to
include devices such as a Blackberry device or a cell phone. DOE
has previously addressed the Brookhaven comment about the
overbreadth of the definition in responding to comments on the
proposed rule's scope and applicability provisions.
Brookhaven also asked that DOE include a definition of the term
``authorized investigative agency'' in the rule. DOE agrees with
Brookhaven's recommendation that the rule include a definition of
``authorized investigative agency'' in the final rule. Section
3235(c) of the NDAA contains such a definition, and its omission
from the proposed rule was an oversight. The statutory definition
is included in Sec. 727.2 of today's rule. 3. Expectation of
privacy. Proposed Sec. 727.4 would have provided that no user of
a DOE computer, including any person who sends an e- mail message
to a DOE computer, has any expectation of privacy in the use of
that DOE computer.
Battelle asked several questions about the proposed expectation
of privacy provision, including whether an e-mail from an outside
counsel for a DOE contractor to the contractor, otherwise
entitled to confidentiality under the attorney-client privilege,
would be protected from disclosure to the public. It also asked
whether there are circumstances in which DOE or a DOE contractor
would be required to provide advance notice that there is no
expectation of privacy on DOE computers.
Proposed Sec. 727.4 tracked closely the language of section
3235(b) of the NDAA, and DOE has retained the provision in this
final rule. While section 3235(b) categorically provides that a
user of an Administration computer shall have no expectation of
privacy in the use of that computer, there is nothing in the
statute or its history that indicates Congress intended to affect
disclosure of information to the public under the Freedom of
Information Act, 5 U.S.C. 552. Exemption 5 of the Act (5 U.S.C.
552(b)(5)) allows for the exemption from public disclosure
documents that are normally privileged in the civil discovery
context, which would include attorney-client communications.
With regard to Battelle's second question, regarding the
circumstances in which DOE or a DOE contractor would be required
to provide advance notice that there is no expectation of privacy
[[Page 40883]] on DOE computers, the final rule retains the
proposed requirement in Sec. 727.5 for an individual granted
access to information on a DOE computer to acknowledge in writing
that the individual has no expectation of privacy in the use of
that computer. Of course, as discussed previously, this
requirement of written acknowledgement does not extend to members
of the public who only send e-mails to DOE computers. The final
rule does not provide for advance notice to such users of DOE
computers, nor does DOE think it is feasible to provide such
notice.
4. Written consent. Proposed Sec. 727.5 would have restricted
access to information on a DOE computer to an individual who has:
(1) acknowledged in writing that the individual has no
expectation of privacy in the use of a DOE computer; and (2)
consented in writing to permit access by an authorized
investigative agency to any DOE computer used by the individual
during the period of the individual's access to information on a
DOE computer and for a period of three years thereafter.
Battelle questioned how a contractor could get written consent
from anonymous users and guests on FTP servers and telnet
services, or from those searching DOE Web sites. Battelle asked
that these situations be covered by exemptions in the final rule.
Brookhaven made a similar comment, asking who must obtain written
acknowledgments and consents from a non-DOE contractor or its
employees. It also questioned how a member of the public who only
sends an e-mail to a DOE computer could give consent for
inspection of a DOE computer, as would be required by proposed
Sec. 727.5. As previously explained in this section of the
Supplementary Information, DOE has revised the scope and
applicability provisions of the rule to exclude members of the
public who send e-mail to DOE computers from the written consent
requirement. DOE interprets section 3235(a) of the NDAA to apply
to individuals who are granted access to information on a DOE
computer by DOE or a DOE contractor or subcontractor. In all
cases, the granting of such access will involve the use of
passwords.
Battelle, in commenting on proposed Sec. 727.6, also asked
whether a DOE contractor is required to give each authorized
person a password to prevent unauthorized access to its computers
or whether a warning screen on the computer would be sufficient.
Section 3235(a) provides that ``written consent'' is required as
a condition of being granted access to information on an
Administration computer. The statute does not contain any
provision giving DOE the discretion to allow use of a warning
screen in lieu of a written consent.
5. Other comment. Brookhaven urged DOE to not issue a final Part
727 until the on-going implementation of Homeland Security
Presidential Directive 12 (HSPD-12), entitled ``Policy for a
Common Identification Standard for Federal Employees and
Contractors,'' is completed.
HSPD-12 provides for integrated physical access controls for all
federally- owned or controlled facilities and information
systems.
DOE does not accept this recommendation. The provisions of this
final rule are written in general language that closely tracks
the language in section 3235 of the NDAA, and, in DOE's view,
there is little potential for conflict between the requirements
of this rule and the implementation of HSPD-12. If such a
conflict is revealed when HSPD-12 is fully implemented, DOE will
then evaluate the need to amend Part 727.
III. Regulatory Review A. National Environmental Policy Act DOE
has determined that this final rule is covered under the
Categorical Exclusion found in DOE's National Environmental
Policy Act regulations at paragraph A.6 of Appendix A to Subpart
D, 10 CFR part 1021, which applies to rule makings that are
strictly procedural.
Accordingly, neither an environmental assessment nor an
environmental impact statement is required.
B. Executive Order 12866 Section 6 of Executive Order 12866
provides for a review by the Office of Management and Budget's
Office of Information and Regulatory Affairs (OIRA) of a
significant regulatory action, which is defined to include an
action that may have an effect on the economy of $100 million or
more, or adversely affect, in a material way, the economy,
competition, jobs, productivity, the environment, public health
or safety, or State, local, or tribal governments. Today's
regulatory action has been determined not to be a significant
regulatory action.
Accordingly, this rulemaking is not subject to review under that
Executive Order by OIRA.
C. Regulatory Flexibility Act The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires preparation of an initial regulatory
flexibility analysis for any rule that by law must be proposed
for public comment, unless the agency certifies that the rule, if
promulgated, will not have a significant economic impact on a
substantial number of small entities. As required by Executive
Order 13272, ``Proper Consideration of Small Entities in Agency
Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE published
procedures and policies on February 19, 2003, to ensure that the
potential impacts of its rules on small entities are properly
considered during the rulemaking process (68 FR 7990). DOE has
made its procedures and policies available on the Office of the
General Counsel's Web site: http://www.gc.doe.gov. DOE has
reviewed today's rule under the provisions of the Regulatory
Flexibility Act and the procedures and policies published on
February 19, 2003. This rule does not directly regulate small
businesses or other small entities. The rule applies only to
individuals who use DOE computers. Under the rule, DOE and DOE
contractor employees who are granted access to information on DOE
computers, or applicants for such positions, are required to
execute a written acknowledgment and consent provided by DOE.
Although a small number of individuals subject to this rule may
work for DOE subcontractors who are small entities, the costs
associated with compliance with the rule's requirements will be
negligible and in most cases reimbursable under the contract. On
the basis of the foregoing, DOE certifies that this final rule
will not have a significant economic impact on a substantial
number of small entities. Accordingly, DOE has not prepared a
regulatory flexibility analysis for this rulemaking.
DOE's certification and supporting statement of factual basis
will be provided to the Chief Counsel for Advocacy of the Small
Business Administration pursuant to 5 U.S.C. 605(b). D. Paperwork
Reduction Act This final rule contains a collection of
information subject to review and approval by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501 et seq. Section 727.6(b) requires DOE
contractors to maintain a file of written acknowledgments and
consents executed by its employees and subcontractor employees.
This collection of information was submitted to OMB for approval.
Notwithstanding any other provision of law, no person is required
to respond to, nor shall any
[[Page 40884]] person be subject to a penalty for failure to
comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information
displays a currently valid OMB Control Number.
E. Unfunded Mandates Reform Act of 1995 The Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4) generally requires Federal
agencies to examine closely the impacts of regulatory actions on
State, local, and tribal governments. Subsection 101(5) of title
I of that law defines a Federal intergovernmental mandate to
include any regulation that would impose upon State, local, or
tribal governments an enforceable duty, except a condition of
Federal assistance or a duty arising from participating in a
voluntary federal program. Title II of that law requires each
Federal agency to assess the effects of Federal regulatory
actions on State, local, and tribal governments, in the
aggregate, or to the private sector, other than to the extent
such actions merely incorporate requirements specifically set
forth in a statute. Section 202 of that title requires a Federal
agency to perform a detailed assessment of the anticipated costs
and benefits of any rule that includes a Federal mandate which
may result in costs to State, local, or tribal governments, or to
the private sector, of $100 million or more. Section 204 of that
title requires each agency that proposes a rule containing a
significant Federal intergovernmental mandate to develop an
effective process for obtaining meaningful and timely input from
elected officers of State, local, and tribal governments.
This rule does not impose a Federal mandate on State, local or
tribal governments, and will not result in the expenditure by
State, local, and tribal governments in the aggregate, or by the
private sector, of $100 million or more in any one year.
Accordingly, no assessment or analysis is required under the
Unfunded Mandates Reform Act of 1995.
F. Treasury and General Government Appropriations Act, 1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a
Family Policymaking Assessment for any proposed rule that may
affect family well being. While this final rule applies to
individuals who may be members of a family, the rule does not
have any impact on the autonomy or integrity of the family as an
institution. Accordingly, DOE has concluded that it is not
necessary to prepare a Family Policymaking Assessment.
G. Executive Order 13132 Executive Order 13132 (64 FR 43255,
August 4, 1999) imposes certain requirements on agencies
formulating and implementing policies or regulations that preempt
State law or that have federalism implications. Agencies are
required to examine the constitutional and statutory authority
supporting any action that would limit the policymaking
discretion of the States and carefully assess the necessity for
such actions. DOE has examined this rule and has determined that
it would not preempt State law and would not have a substantial
direct effect on the States, on the relationship between the
national government and the States, or on the distribution of
power and responsibilities among the various levels of
government. No further action is required by Executive Order
13132.
H. Executive Order 12988 With respect to the review of existing
regulations and the promulgation of new regulations, section 3(a)
of Executive Order 12988, Civil Justice Reform, 61 FR 4729
(February 7, 1996), imposes on Executive agencies the general
duty to adhere to the following requirements: (1) Eliminate
drafting errors and ambiguity; (2) write regulations to minimize
litigation; and (3) provide a clear legal standard for affected
conduct rather than a general standard and promote simplification
and burden reduction. With regard to the review required by
section 3(a), section 3(b) of Executive Order 12988 specifically
requires that Executive agencies make every reasonable effort to
ensure that the regulation: (1) Clearly specifies the preemptive
effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard
for affected conduct while promoting simplification and burden
reduction; (4) specifies the retroactive effect, if any; (5)
adequately defines key terms; and (6) addresses other important
issues affecting clarity and general draftsmanship under any
guidelines issued by the Attorney General. Section 3(c) of
Executive Order 12988 requires Executive agencies to review
regulations in light of applicable standards in section 3(a) and
section 3(b) to determine whether they are met or it is
unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by
law, the final rule meets the relevant standards of Executive
Order 12988.
I. Treasury and General Government Appropriations Act, 2001 The
Treasury and General Government Appropriations Act, 2001 (44
U.S.C. 3516, note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued
by OMB. OMB's guidelines were published at 67 FR 8452 (February
22, 2002), and DOE's guidelines were published at 67 FR 62446
(October 7, 2002). DOE has reviewed today's notice under the OMB
and DOE guidelines and has concluded that it is consistent with
applicable policies in those guidelines.
J. Congressional Notification As required by 5 U.S.C. 801, DOE
will report to Congress on the promulgation of today's rule prior
to its effective date. The report will state that it has been
determined that the rule is not a ``major rule'' as defined by 5
U.S.C. 804(2). List of Subjects 10 CFR Part 727 Classified
information, Computers, Contractor employees, Government
employees, National defense, Security information.
48 CFR Part 904 Classified information, Government procurement.
48 CFR Part 952 Government procurement, Reporting and
recordkeeping requirements.
Issued in Washington, DC on July 7, 2006.
Clay Sell, Deputy Secretary.
0 For the reasons stated in the preamble, DOE hereby amends
Chapter III of title 10 and Chapter 9 of title 48 of the Code of
Federal Regulations as set forth below: 0 1. 10 CFR part 727 is
added to read as follows: PART 727--CONSENT FOR ACCESS TO
INFORMATION ON DEPARTMENT OF ENERGY COMPUTERS Sec.
727.1 What is the purpose and scope of this part? 727.2 What are
the definitions of the terms used in this part? 727.3 To whom
does this part apply? 727.4 Is there any expectation of privacy
applicable to a DOE computer? 727.5 What acknowledgment and
consent is required for access to information on DOE computers?
727.6 What are the obligations of a DOE contractor?
[[Page 40885]] Authority: 42 U.S.C. 7101, et seq.; 42 U.S.C.
2011, et. seq.; 50 U.S.C. 2425, 2483; E.O. No. 12958, 60 FR
19825, 3 CFR, 1995 Comp., p. 333; and E.O. 12968, 60 FR 40245, 3
CFR, 1995 Comp., p. 391. Sec. 727.1 What is the purpose and
scope of this part? (a) The purpose of this part is to establish
minimum requirements applicable to each individual granted access
to a DOE computer or to information on a DOE computer, including
a requirement for written consent to access by an authorized
investigative agency to any DOE computer used in the performance
of the individual's duties during the term of that individual's
employment and for a period of three years thereafter.
(b) Section 727.4 of this part also applies to any person who
uses a DOE computer by sending an e-mail message to such a
computer.
Sec. 727.2 What are the definitions of the terms used in this
part? For purposes of this part: Authorized investigative agency
means an agency authorized by law or regulation to conduct a
counterintelligence investigation or investigations of persons
who are proposed for access to classified information to
ascertain whether such persons satisfy the criteria for obtaining
and retaining access to such information.
Computer means desktop computers, portable computers, computer
networks (including the DOE network and local area networks at or
controlled by DOE organizations), network devices, automated
information systems, or other related computer equipment owned
by, leased, or operated on behalf of the DOE.
DOE means the Department of Energy, including the National
Nuclear Security Administration.
DOE computer means any computer owned by, leased, or operated on
behalf of the DOE.
Individual means an employee of DOE or a DOE contractor, or any
other person who has been granted access to a DOE computer or to
information on a DOE computer, and does not include a member of
the public who sends an e-mail message to a DOE computer or who
obtains information available to the public on DOE Web sites.
User means any person, including any individual or member of the
public, who sends information to or receives information from a
DOE computer.
Sec. 727.3 To whom does this part apply? (a) This part applies
to DOE employees, DOE contractors, DOE contractor and
subcontractor employees, and any other individual who has been
granted access to a DOE computer or to information on a DOE
computer.
(b) Section 727.4 of this part also applies to any person who
uses a DOE computer by sending an e-mail message to such
computer.
Sec. 727.4 Is there any expectation of privacy applicable to a
DOE computer? Notwithstanding any other provision of law
(including any provision of law enacted by the Electronic
Communications Privacy Act of 1986), no user of a DOE computer
shall have any expectation of privacy in the use of that DOE
computer.
Sec. 727.5 What acknowledgment and consent is required for
access to information on DOE computers? An individual may not be
granted access to information on a DOE computer unless: (a) The
individual has acknowledged in writing that the individual has no
expectation of privacy in the use of a DOE computer; and (b) The
individual has consented in writing to permit access by an
authorized investigative agency to any DOE computer used during
the period of that individual's access to information on a DOE
computer and for a period of three years thereafter.
Sec. 727.6 What are the obligations of a DOE contractor? (a) A
DOE contractor must ensure that neither its employees nor the
employees of any of its subcontractors has access to information
on a DOE computer unless the DOE contractor has obtained a
written acknowledgment and consent by each contractor or
subcontractor employee that complies with the requirements of
Sec. 727.5 of this part. (b) A DOE contractor must maintain a
file of original written acknowledgments and consents executed by
its employees and all subcontractors employees that comply with
the requirements of Sec.
727.5 of this part. (c) Upon demand by the cognizant DOE
contracting officer, a DOE contractor must provide an opportunity
for a DOE official to inspect the file compiled under this
section and to copy any portion of the file.
(d) If a DOE contractor violates the requirements of this section
with regard to a DOE computer with Restricted Data or other
classified information, then the DOE contractor may be assessed a
civil penalty or a reduction in fee pursuant to section 234B of
the Atomic Energy Act of 1954 (42 U.S.C. 2282b). 0 2. The
authority citation for Parts 904 and 952 continues to read as
follows: Authority: 42 U.S.C. 2201, 2282a, 2282b, 2282c, 7101 et
seq.; 41 U.S.C. 418b; 50 U.S.C. 2401 et seq. PART
904--ADMINISTRATIVE MATTERS 0 3. Section 904.404 is amended by
adding a new paragraph (d)(7) to read as follows: 904.404
Solicitation provision and contract clause. [DOE coverage--
paragraph (d)].
(d) * * * (7) Computer Security, 952.204-77. This clause is
required in contracts in which the contractor may have access to
computers owned, leased or operated on behalf of the Department
of Energy.
PART 952--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 0 4.
Section 952.204-77 is added to read as follows: 952.204-77
Computer Security. As prescribed in 904.404(d)(7), the following
clause shall be included: Computer Security (AUG 2006) (a)
Definitions.
(1) Computer means desktop computers, portable computers,
computer networks (including the DOE Network and local area
networks at or controlled by DOE organizations), network devices,
automated information systems, and or other related computer
equipment owned by, leased, or operated on behalf of the DOE.
(2) Individual means a DOE contractor or subcontractor employee,
or any other person who has been granted access to a DOE computer
or to information on a DOE computer, and does not include a
member of the public who sends an e-mail message to a DOE
computer or who obtains information available to the public on
DOE Web sites.
(b) Access to DOE computers. A contractor shall not allow an
individual to have access to information on a DOE computer
unless: (1) The individual has acknowledged in writing that the
individual has no expectation of privacy in the use of a DOE
computer; and, (2) The individual has consented in writing to
permit access by an authorized investigative agency to any DOE
computer used during the period of that individual's access to
information on a DOE computer, and for a period of three years
thereafter.
(c) No expectation of privacy. Notwithstanding any other
provision of law (including any provision of law enacted by the
Electronic Communications Privacy Act of 1986), no individual
using a DOE computer shall have any expectation of privacy in the
use of that computer.
(d) Written records. The contractor is responsible for
maintaining written records for itself and subcontractors
demonstrating compliance with the provisions of paragraph
[[Page 40886]] (b) of this section. The contractor agrees to
provide access to these records to the DOE, or its authorized
agents, upon request.
(e) Subcontracts. The contractor shall insert this clause,
including this paragraph (e), in subcontracts under this contract
that may provide access to computers owned, leased or operated on
behalf of the DOE.
(End of Clause) [FR Doc. 06-6319 Filed 7-18-06; 8:45 am] BILLING
CODE 6450-01-P
*****************************************************************
44 SF Chronicle: Big Dig tragedy could stain Bechtel's name / Delays, cost
overruns, leaks and now a death in Boston puts spotlight on S.F.
construction giant -- and some of its other mammoth projects
[San Francisco Chronicle]
David R. Baker, Chronicle Staff Writer
Wednesday, July 19, 2006
Detailed News Charts SEC Filings Company Profile Historical
For Bechtel Corp., a company that lives by its record and
reputation, last week's news from Boston could hardly have been
worse.
A young mother of three died beneath falling concrete slabs
inside the city's new network of freeway tunnels, designed by a
Bechtel joint venture that also supervised construction.
Bostonians -- weary of the project's long history of delays,
gaffes and ballooning costs -- vented their anger at Bechtel and
its subcontractors. The state's attorney general opened an
investigation and declared the accident site a crime scene.
But Boston's $14.6 billion Big Dig isn't the only large public
project spurring criticism of Bechtel.
In Washington state, the San Francisco company is building a
nuclear waste treatment center that may end up $7 billion over
its original estimate and six years late.
At the Yucca Mountain nuclear waste storage site in Nevada, a
federal investigator last year said the company received about
$4 million in incentive fees for work that had been turned in
late -- or in poor quality.
A California congressman this spring accused Bechtel of
double-billing the federal government for Hurricane Katrina
relief work, potentially costing taxpayers $48 million if
government auditors hadn't objected.
The company has also spent the past three years working to
repair infrastructure in Iraq. However, criticism directed at
Bechtel over that project has focused more on the way it
received the job -- an unusual, limited bidding competition --
rather than its performance.
Bechtel's defense
Each time, Bechtel has defended itself, often in great technical
detail. Critics often don't understand the way large government
contracts work, the company's representatives say. And the
projects Bechtel takes on tend to be so large and so complex
that problems are almost guaranteed.
"Each project is unique," said Howard Menaker, spokesman for
Bechtel's infrastructure business group. "There are no two Yucca
Mountains. ... Yes, there are tunnels being built all over the
world. There are bridges being built all over the world. But
they aren't the Big Dig."
But public criticism of the company could have an effect.
Bechtel, like other construction and engineering giants, relies
on its record to win contracts. It has built its business on
past achievements, such as building the Hoover Dam. If the
issues swirling around the Big Dig, as well as its other major
public works, aren't resolved to the government's satisfaction,
it could eventually harm Bechtel's future business. How much
harm, however is difficult to gauge, because very few companies
can handle the large-scale contracts that are Bechtel's
specialty.
Large construction companies "have their names on these
projects, and they can't afford not to do well," said Gary
Tulacz, senior editor of Engineering News-Record, a trade
publication. "That's why I'm sure what's happened with the Big
Dig is an obvious cause for consternation. These firms value
their reputations."
So far, questions about the company's work haven't hurt
Bechtel's revenue. The privately held firm doesn't release
profit figures, but its revenue last year set a record of $18.1
billion. It remains the nation's largest construction design and
management business, according to Engineering News-Record.
A Big Dig headache
The Big Dig has been, for both the company and the community, a
persistent headache.
Originally expected to cost $2.6 billion, the Big Dig grew in
complexity and cost over the course of two decades of
discussion, design and construction. An aging, elevated freeway
that once sliced through Boston's downtown, severing most of the
city from its waterfront, was demolished and replaced with sleek
tunnels. Workers supervised by Bechtel and its joint venture
partner, Parsons Brinckerhoff, dug another tunnel beneath the
harbor, linking an interstate freeway with the city's airport. A
new bridge carried another freeway across the Charles River.
But criticism of the project mounted as its costs rose. And as
construction neared an end two years ago, Bostonians who had
endured years of detours were outraged by leaks that started
appearing in the new tunnels.
Many leaks were small, but one gushed enough water to shut down
the road, backing up traffic for 10 miles. Those leaks have been
fixed, with the costs covered by the construction companies
working for Bechtel, according to a Massachusetts Turnpike
Authority spokeswoman.
The leaks became the subject of caustic jokes among Bostonians.
Last week's incident, however, was far more serious.
Concrete panels suspended from the ceiling of one tunnel broke
free and dropped onto a car carrying a couple to the airport.
The husband survived. His wife was crushed.
In the days since, two of the tunnels have been closed for
inspection and repairs. Attention has focused on the bolts and
epoxy used to fasten the panels to the ceiling, with inspectors
finding more than 1,100 questionable bolts.
The state's attorney general has said that problems with the
bolts were first noticed in 1999, and he is investigating
whether any changes were made to correct those problems.
Bechtel joint venture spokesman Andy Paven said the company
produced the overall design of the ceiling but did not design
the systems that held the ceiling panels in place. The company,
citing the state investigation, has made few public comments on
the incident. Both Bechtel and Parsons Brinckerhoff have been
served with subpoenas from the state attorney general and have
said they are cooperating.
Even those who have watched the Big Dig for years say it may
take a long time to assess blame. That's due, in part, to the
technical nature of the work, as well as the close relationship
between the contractors and the Massachusetts Turnpike
Authority, which commissioned the project. The authority has
come under even more vitriolic criticism than Bechtel in the
last week, with Massachusetts Gov. Mitt Romney taking the first
formal steps Tuesday to oust the authority's top official.
"This is something that's going to take years to sort out in
court," said Scott Amey, general counsel for the nonprofit
Project on Government Oversight, which has issued several
reports critical of the Big Dig's handling. "What were the
actual plans? What were the specifications in the contract? And
then, what did we get?"
Hanford project draws criticism
Like the Big Dig, Bechtel's nuclear waste project in Hanford,
Wash., is dauntingly complex.
The company is building a facility to take 53 million gallons of
radioactive waste left over from the construction of atomic
bombs and encase it in glass to keep it isolated from the
environment. Some of the tanks that have been storing the waste
have leaked into the local groundwater. And the site sits
alongside the Columbia River.
Work at the plant, however, has been plagued by questions about
the facility's ability to withstand earthquakes, questions that
slowed construction to a crawl and forced Bechtel to re-evaluate
its plans. The construction of some of the vessels that will
hold the toxic waste also has come under scrutiny, with one
nonprofit watchdog organization accusing the company of ordering
vessels with designs it knew to be flawed and installing one key
vessel before fixing some faulty welds that had already been
found in it.
"They were definitely on a fast track, and they were taking
short cuts," said Tom Carpenter, director of the nuclear
oversight program at the nonprofit Government Accountability
Project. "Of course, they'll deny that to their dying breath,
but that's what it looks like. That's what whistle-blowers on
the inside are telling us."
Bechtel says the seismic issues did not require the company to
remove or redo any work at the plant. The company denies that it
found any problems with designs for the waste vessels before
commissioning their construction.
Project manager Craig Albert said Bechtel decided to install one
vessel before fixing all the welds because the repairs would be
better performed after installation. He said the company
discussed that decision with its federal government clients, who
concurred.
"Everybody agreed that was an appropriate way to act," he said.
At Yucca Mountain, criticism focused on nearly $4 million in
incentive payments the company received. Bechtel has a $3.2
billion contract to design the long-delayed storage facility for
nuclear waste.
An audit by the U.S. Department of Energy's inspector general in
September said the company had been paid incentives for work
that had been performed late or was of "poor quality."
Bechtel spokesman Jason Bohne said the company then gave the
Energy Department documentation showing that the work met all
the specifications required for the incentive payments. No
further action has been taken by the government, he said, and
the company kept the money.
Katrina controversy
Another division of the federal government this year questioned
the amount Bechtel said would be needed to maintain trailers
shipped to Mississippi to house people displaced by Hurricane
Katrina.
Bechtel was one of several companies tapped by the Federal
Emergency Management Agency to supply housing. A review by the
Defense Contract Audit Agency, however, questioned $48 million
of Bechtel's estimates for trailer maintenance. That led U.S.
Rep. Henry Waxman, a Los Angeles Democrat and a frequent Bechtel
critic, to say the company was trying to double-bill the
government.
Menaker called the problem an error and said it was immediately
corrected. He added that the company never charged the
government the disputed amount. Rather, he said the incident
shows how federal contracts are supposed to work. Bechtel gave a
cost estimate, the government reviewed it and corrected
mistakes, and the work was able to proceed.
"It's a good example of the system working, under federal
auditors," he said. "It's also a good case of how the public was
not double billed."
E-mail David R. Baker at dbaker@sfchronicle.com.
Page C - 1
San Francisco Chronicle]
*****************************************************************
45 KCBJ: Honeywell will run KC plant through 2010 -
Kansas City Business Journal:
3:51 PM CDT Wednesday
The U.S. Department of Energy's National Nuclear Security
Administrationextended its contract for three years with
Honeywell Federal Manufacturing & Technologies LLCto manage
and operate the Kansas City plant.
The 3.1 million-square-foot Kansas City plant employs about 2,700
workers, Honeywell spokeswoman Sharon Robinson said Wednesday.
The plant's purpose is to keep nuclear weapons functional while
they sit dormant by maintaining and upgrading non-nuclear
components of the aging nuclear weapons.
Steve Taylor, the Kansas City plant's office manager, said in a
release that the NNSA last year "challenged Honeywell to deliver
a plan to transform the Kansas City plant into a smaller, more
cost-effective operation in order to meet the challenging demands
of the nation's nuclear deterrent."
"In keeping with its tradition of excellence, Honeywell
delivered a plan that balances the need to support the nuclear
stockpile with the reality of shrinking budgets," Taylor said in
the release.
Robinson said in an e-mail that the plan includes a smaller
plant and fewer workers, though specific numbers haven't been
determined.
"We believe our current attrition rate will take us to a head
count below what will be needed by 2012," Robinson said in the
e-mail.
The plan also stipulates that the new plant "will likely be in
the Kansas City area" and includes various financing options and
"aligning core mission with DOE's 2030 strategy," Robinson said
in the e-mail.
The contract, according to the Energy Department's Web site, had
a base value of $338 million in fiscal 2001 and $20.5 million a
year thereafter.
The contract now runs through Dec. 31, 2010, the agency said in
the release. Honeywell will continue to manufacture non-nuclear
components for nuclear weapons and begin its role in the supply
chain process for the NNSA's nuclear weapons complex, the agency
said.
On July 22, 2005, the Kansas City Business Journal cited a
report by the Nuclear Weapons Complex Infrastructure Task
Forcethat recommended ending Energy Department operation of the
Kansas City plant and moving its work elsewhere.
At the time, Caroline Bibb, president of the Honeywell
Corp.subsidiary that operates the Kansas City plant for the
Energy Department, declined to comment on the report. Bibb said,
however, that the company had received a two-year extension to
operate the plant beyond December, was experiencing its heaviest
workload at the plant in 20 years and was projecting that the
pace would continue until 2015.
The task force singled out the aging Kansas City plant for its
harshest evaluation as it tallied the shortcomings of a national
nuclear weapons complex operating from buildings erected during
World War II. Still widely known as the "Bendix plant," the
complex was built in 1943 to build airplane engines during World
War II. Bendix Corp.became a tenant in 1949, when it began
making electrical and mechanical components for the Atomic
Energy Commission.
The plant is part of the 4.5 million-square-foot Bannister
Federal Complex, which may begin shutting down as early as 2007,
when the Internal Revenue Serviceand the National Archives and
Records Administrationare expected to move out of 700,000 square
feet near the weapons plant to Midtown. The General Services
Administrationis the landlord for about half of the Bannister
Federal Complex's 300 acres.
As other government contractors have left the complex since the
1960s, the GSA has replaced them with government agencies.
Bizjournals:
bizjournals| BizSpace.com| Jobs| bizwomen.com
© 2006 American City Business Journals, Inc. and its licensors.
*****************************************************************
46 DOE: Reservation: Oak Ridge
FR Doc E6-11424
[Federal Register: July 19, 2006 (Volume 71, Number 138)]
[Notices] [Page 41010] From the Federal Register Online via GPO
Access [wais.access.gpo.gov] [DOCID:fr19jy06-67]
AGENCY: Department of Energy.
ACTION: Notice of open meeting and retreat.
SUMMARY: This notice announces a meeting of the Environmental
Management Site-Specific Advisory Board (EM SSAB), Oak Ridge
Reservation. The Federal Advisory Committee Act (Pub. L. 92-463,
86 Stat. 770) requires that public notice of this meeting be
announced in the Federal Register.
DATES: Saturday, August 12, 2006, 8 a.m.-4:30 p.m.
ADDRESSES: Pollard Auditorium, 210 Badger Avenue, Oak Ridge,
Tennessee.
FOR FURTHER INFORMATION CONTACT: Pat Halsey, Federal Coordinator,
Department of Energy Oak Ridge Operations Office, P.O. Box 2001,
EM-90, Oak Ridge, TN 37831. Phone (865) 576-4025; Fax (865)
576-5333 or e- mail: halseypj@oro.doe.gov or check the Web site
at http://www.oakridge.doe.gov/em/ssab .
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: The retreat will focus on establishing the work
of the Board for Fiscal Year 2007. Election of officers for
Fiscal Year 2007 will be the order of business during the monthly
meeting, which will begin at 4 p.m. 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 the agenda item should contact Pat Halsey 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: Minutes of this meeting will be available for public
review and copying at the Department of Energy's Information
Center at 475 Oak Ridge Turnpike, Oak Ridge, TN between 8 a.m.
and 5 p.m., Monday through Friday, or by writing to Pat Halsey,
Department of Energy Oak Ridge Operations Office, P.O. Box 2001,
EM-90, Oak Ridge, TN 37831, or by calling her at (865) 576-4025.
Issued at Washington, DC, on July 14, 2006.
Rachel M. Samuel, Deputy Advisory Committee Management Officer.
[FR Doc. E6-11424 Filed 7-18-06; 8:45 am] BILLING CODE 6450-01-P
*****************************************************************
47 Pike County News Watchman: USEC payment stoppage reported
Tuesday, July 18, 2006
Negotiations are ongoing in a dispute between several county
jurisdictions and Portsmouth Gaseous Diffusion Plant operator
USEC Inc. regarding the company's continued payment of tax break
compensation.
In 2004, Bethesda, Md.-based USEC Inc. received a 100 percent,
15-year tax abatement — the largest ever granted in the state of
Ohio — in return for choosing the Portsmouth plant in Piketon as
the location of a $1.5 billion, 500-job commercial uranium
enrichment plant using advanced centrifuge technology.
The company is now unwilling to make compensatory payments in
lieu of property taxes due to state mandated tax reform
established in June 2005 that phases out tangible personal
property tax over a period of four years.
"It's not a good situation," said Angie Duduit, USEC Inc. public
affairs manager over the American centrifuge project at Piketon.
"We're making payments on a tax that has been repealed."
The first payment was made by USEC Inc. in December 2004,
totaling more than $1 million. It was distributed via separate
agreements to four county jurisdictions, including the Pike
County Board of Commissioners, Scioto Township trustees, the
Scioto Valley Local School District, and the Vern Riffe Career
and Technology Center.
Another payment was made in January at half the owed amount,
Duduit said. The latest payment was due July 1, but by then,
USEC Inc. and the county jurisdictions had agreed to a 30-day
extension, during which time the parties could iron out
differences.
The Pike County commissioners are less than pleased with the
company's decision to rethink its agreement, which was made
possible through the creation of new laws by the Ohio
Legislature extending the maximum available abatement from 10 to
15 years.
"We've been making the highest enrichment of uranium known to
the world for 50 years, and this is how they treat us," said
commissioner Harry Rider. "We should be getting better
treatment."
Commissioner James Brushart said Monday that USEC Inc. recently
presented an offer for alternate payments. He referred it as "a
joke."
"We've been messed over," Brushart said.
Rider said he will not discuss the issue with USEC officials any
further unless Kevin Shoemaker, the commissioners'
Columbus-based attorney, is present. According to Shoemaker and
Duduit, most negotiations so far have been handled over the
phone, with few in-person meetings. During those dealings, all
parties have been cooperative in the search for alternative
payment.
"Everyone is trying to work things through," Shoemaker said.
"Obviously, the goal is to not adversely affect USEC and get
payments that benefit the jurisdictions."
In the meantime, the county continues to receive payments from
the state of Ohio as part of the phasing-out of tangible
personal property tax and the transition to commercial activity
tax.
The new tax is based on a company's gross receipt as opposed to
the amount of property it owns. However, legislation sponsored
by Ohio Sen. John Carey and Ohio Rep. David T. Daniels has
reduced the adverse effects of the new tax on the affected
jurisdictions. Working with representatives from all of the
jurisdictions, the Ohio Legislature took action to help.
Shoemaker said new legislation approved by the legislature in
March shifts the tax valuation of the Portsmouth plant from the
2004 level to what it was in 2000, allowing Pike County
jurisdictions to see more state dollars.
The Portsmouth plant property was more valuable in 2000 because
USEC was still operating the facility with gaseous diffusion
technology.
If a resolution to the current dilemma is not met by parties at
the end of July, the parties will have to decide if negotiations
are worth prolonging. But at this point, time is not the most
crucial concern, said Shoemaker.
"I don't think anyone's watching the clock," he added.
The issue could go to court if a resolution cannot be reached,
but the parties would explore every possible solution before
that would happen, Shoemaker said.
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48 Knox News: Munger: May incident another setback in reactor cleanup
By FRANK MUNGER, munger@knews.com July 19, 2006
A May 6 fluorine leak has put another crimp in cleanup
operations at the Molten Salt Reactor. Dennis Hill, a spokesman
for Bechtel Jacobs Co., the Department of Energy's environ-mental
manager in Oak Ridge, said recovery activities associated with
the leak are still under way at the old reactor site.
Contractors have encountered a series of problems
during the complicated project, which involves the removal of
highly radioactive fuel salts that have been stored in basement
tanks since the experimental reactor was shut down in 1969.
The $30 million project was already a year behind schedule. The
latest setback occurred during fluorination of one of the fuel
tanks as a step to extracting the uranium-233. U-233 is a
fissile material that was tested decades ago as a reactor fuel.
Hill said the fluorination of Fuel Tank No. 2 was about half
complete when the fluorine release occurred in early May,
requiring an evacuation of about 20 workers. That processing was
halted and has not yet resumed, he said.
The U-233 removed from that tank was shipped to Oak Ridge
National Laboratory's Building 3019A and placed into storage
alongside other stocks of fissile uranium. Because U-233 is of
potential use in a nuclear weapon, it must be safeguarded at a
high level.
Hill said workers are modifying the fuel-removal process,
especially at the point where fluorine is injected into the
system.
The safety documents associated with work at the Molten Salt
Reactor have been revised and submitted to the DOE for approval,
he said.
Processing of Fuel Tank No. 2 will resume after Bechtel Jacobs
completes the prescribed set of corrective actions and after
"DOE is satisfied that operations can be conducted safely," Hill
said.
Work on one of the other tanks was halted in 2005 after a line
clogged, blocking removal of the fuel salts.
Ultimately, the plan is to separate and remove as much of the
U-233 as possible, placing it in secure storage at ORNL. The
bulk quantities of radioactive fuel salt will be removed and
shipped to a storage yard in Oak Ridge until authorities receive
permission to ship it to New Mexico.
+
The Oak Ridge retirees group will hold its annual meeting today,
about a month after a showdown with DOE over a pension increase.
"We may be from Tennessee, but we're not fools," David Reichle,
president of the Coalition of Oak Ridge Retired Employees, told
a panel of DOE officials from Washington at the June 23 session.
The evening was a collision of thoughts. DOE was putting forth
plans to change the pension plans at agency contractors across
the nation, including in Oak Ridge, and the Oak Ridge retirees
emphasized again and again that they need an increase in pay to
keep up with inflation.
Ingrid Kolb, director of DOE's Office of Management, flatly told
the retirees that a pay raise was not forthcoming.
CORRE, however, isn't giving up its fight, and Reichle is
expected to address the situation at today's 2 p.m. meeting at
the Oak Ridge Mall.
The group represents the interests of about 12,000 contractor
retirees or surviving spouses. Because of those significant
numbers, CORRE has become an influential force in East
Tennessee.
"Several candidates for the U.S. Senate and House of
Representatives have confirmed they or a representative will
attend and speak at our gathering," CORRE said.
Senior writer Frank Munger covers the Department of Energy for
the News Sentinel. He may be reached at 865-342-6329 or at
munger@knews.com.
© 2006 - Knoxville News Sentinel
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