***************************************************************** 07/19/06 **** RADIATION BULLETIN(RADBULL) **** VOL 14.170 ***************************************************************** RADBULL IS PRODUCED BY THE ABALONE ALLIANCE CLEARINGHOUSE ***************************************************************** Send News Stories to news@energy-net.org with title on subject line and first line of body NUCLEAR POLICY 1 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 ***************************************************************** ***************************************************************** FULL NEWS STORIES ***************************************************************** ***************************************************************** 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) ** ANTI-SPAM EMAIL NOTE: For email "info" and "map" DON'T work. Email instead ** to m-a-i-l-m-a-i-l (without the dashes) at economicdemocracy.org ***************************************************************** 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.†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.†***************************************************************** 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. ***************************************************************** 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 ***************************************************************** NOTE: In accordance with Title 17 U.S.C. section 107 this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. 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