***************************************************************** 08/21/06 **** RADIATION BULLETIN(RADBULL) **** VOL 14.198 ***************************************************************** 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 [du-list] Italy: the 2000 Dull-DU proposal still unanswered by 2 [NYTr] Venezuela Supports Iran's Right to Develop Nuclear Energy 3 IRNA: South African FM: Iran's right to nuclear technology undeniabl 4 IRNA: Iran committed to its stance - Elham 5 Guardian Unlimited: Iran Says It Won't Stop Nuclear Program 6 Guardian Unlimited: A Look at Nuclear Incentives for Iran 7 Guardian Unlimited: Iran Denies Inspectors Access to Site 8 BBC: Iran reply may herald new confrontation 9 IRIB PERSIAN NEWS: Inspections limit if pressure keeps 10 IRIB PERSIAN NEWS: Iran committed to its stance: Elham 11 AFP: Iran ready to formally insist on uranium enrichment 12 AFP: Defiant Iran says will press on with nuclear work 13 AFP: Defiant Iran vows to press on with nuclear work - 14 IRNA: Iran rejects preconditions for nuclear talks 15 UPI: U.N. pleased Iran to respond on nukes 16 IRNA: Venezuelan VP against preventing Iran's nuclear program 17 IRNA: Mottaki: Iran committed to holding talks on its nuclear issue 18 IRNA: Majlis to limit IAEA inspections if pressures continues - MP - 19 AFP: Bush asks Chinese leader to help end North Korean nuclear threa 20 Guardian Unlimited: Bush: Rush Peacekeeping Force to Lebanon 21 US: Judicial Watch: Judge Saves Corrupt Govt. Contractor 22 AFP: US makes missile data secret again 23 US: UPI: U.S. makes 1971 missile data classified 24 US: UPI: UPI Energy Watch 25 Guardian Unlimited: Power and the people 26 RIA Novosti: Ex-minister graft case may be returned for further inve 27 IRNA: Afghan envoy: Afghanistan attaches importance to expansion of NUCLEAR REACTORS 28 [KOPNListeners] GNEP, Bush Plan for Plutonium Economy/Article & Radi 29 US: NRC: NRC Issues Safety Evaluation Report with Open Items for Oys 30 US: NRC: NRC Advisory Committee on Reactor Safeguards to Meet Sept. 31 Guardian Unlimited: Sell-off of nuclear plants faces delay 32 US: Charlotte Observer: NO: Nuclear power plants offer one-stop shop 33 US: Charlotte Observer: Should U.S. increase its use of nuclear powe 34 US: NRC: Notice of Opportunity To Comment on Model Safety Evaluation 35 US: NRC: Tennessee Valley Authority; Notice of Withdrawal of Applica 36 US: NRC: Notice of Availability of Environmental Assessment and Find 37 FIA: Nuclear Regulatory Agency Chief: There are No Grounds Claiming 38 FIA: Makfax: Bulgarian NPP Kozloduy is Record Breaker in Failures NUCLEAR SECURITY 39 US: Atlanta Journal-Constitution: Nuclear material turns up in searc NUCLEAR SAFETY 40 US: [NukeNet] tritium standard and water 41 US: CBC: Tritium contamination shuts down Pembroke plant NUCLEAR FUEL CYCLE 42 [NukeNet] Scotland: BNFL paid union to back new nuclear power 43 NWTRB: Notice of a Meeting; Yucca Mountain, NV 9-25 44 US: ABC" Southern Nuclear: Spent nuclear fuel still missing - 45 DOE: for the proposed Yucca Mountain repository. PEACE US DEPT. OF ENERGY 46 Knox News: K-25 cleanup plans change 47 KnoxNews: $1.4B SNS key to 'economic synergy' 48 islandpacket.com: Congress needs to move on SRS plutonium project 49 Hanford News: Fluor ordered to pay whistleblower 50 Hanford News: Judge refuses to grant TRIDEC's legal fees in initiati 51 Hanford News: PNNL team discovers bacteria can make pearls of uraniu 52 DOE: Availability of Draft Strategic Plan and Request for Public 53 DOE: Ethical conduct of employees ***************************************************************** ***************************************************************** FULL NEWS STORIES ***************************************************************** ***************************************************************** 1 [du-list] Italy: the 2000 Dull-DU proposal still unanswered by Date: Mon, 21 Aug 2006 16:35:44 -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-Sender-Host-Address: 63.203.231.61 X-Sender-Host-Name: adsl-63-203-231-61.dsl.snfc21.pacbell.net X-Spam-Class: HAM-VERY-WHITELIST November 16, 2000 To: Angela Carroll, Contract Specialist Phone 865-241-1658 U.S. Department of Energy Procurement and Contract Division DUF6 SEB P.O. Box 2001 Oak Ridge, TN 37831 A revolutionary proposal for DU disposal from Italy Dear Angela, here in Italy we found a revolutionary proposal for DU disposal: DU may be shaped as a suppository and equally distributed to volunteer citizens, without discrimination, for interior disposal (rectum). I know that this is quite unheard, but if we don't profit from new and creative ideas, the world will never change. To enforce this proposal you can set up an Internet site where to register volunteers. To encourage the volunteers, a sort of Lotto may be enabled: among all the volunteers an annual prize of 10 million dollars cash can be issued. So, our solution is also economically viable, and less expensive than other solutions forged trough the years. And it is dual-use: it avoid AIDS spreading because anal acts may become impossible. In this regard, I look forward to obtain the opinion of the WHO, the World Health Organization. If you want to buy the patent of this new revolutionary solution [RKP, Rectum Kinetic Penetrator (c)], you can ask for me at the below address. We can also organize an interview or a press release if we become to a gentlemen - and/or Ladies - agreement. Kind regards, M. S. Ethical Environmental Observatory P.S. Don't worry about possible side-effects: the RAND report on Gulf War Syndrome, is very effective in telling that no danger come from DU penetrators. It is also possible to coat the penetrators with Cosmoline to avoid dispersion. See below: Boeing Company Request Concerning Depleted Uranium Counterweights HPPOS-206 PDR-9111210356 Title:Boeing Company Request Concerning Depleted Uranium Counterweights See the letter from G. H. Cunningham to W. E. Morgan dated April 14, 1983, and the incoming requests from W. E. Morgan (Boeing Company) dated March 18, 1983 and January 6, 1983. The Boeing Company's proposal to apply a corrosive preventive compound to depleted uranium (DU) counterweights was not considered "... chemical, physical, or metallurgical treatment or process ..." and was appropriate for exemption under 10 CFR 40.13 (c) (5). The 747 airplane program utilized DU weights for mass balance of outboard elevator and upper rudder assemblies on the first 550 aircraft built.This equates to approximately 12,000 cast parts and a total mass of DU in excess of 200 tons.Depending upon the model, each aircraft had either 21 or 31 weights.At each major aircraft overhaul (about 4 to 5 years), it was anticipated that over 20% of these weights would be corroded to where they required reprocessing.This condition was considered to present an unnecessary maintenance burden on the 747 operators.Aside from the high corrosion rate, the weights were extremely difficult to transport with only one recognized reprocessing source in the world. In a letter dated January 6, 1983, the Boeing Company proposed originally to apply an additional protective coating of Cosmoline (MIL-C-11796) over the protective coating of undamaged DU weights.They intended to require that the weights be (1) corrosion free, (2) properly nickel and cadmium plated and painted, (3) heated to 150-160øF, (4) dipped in MIL-C-11796 at the same temperature, and (5) cooled to ambient temperature.The weights in question were exempt items manufactured by NL Industries of Albany, New York.When the weights were reinstalled on the airplane, they intended to fill the attachment holes with MIL-G-23827 grease.Cautionary marking on the weights would be kept free of corrosion preventative compounds. They asked if these additional processes in any way violated the conditions of 10 CFR 40 of the NRC rules and regulations. It was NRC staff's view that the above processing falls within the prohibition of 10 CFR 40.13 (c) (5) (iv).That provision states clearly that the exemption from licensing in 10 CFR 40.13 (c) (5) for DU weights does not authorize any treatment or processing of the counterweights except for repair or restoration of any existing plating or covering.This has been the regulatory position for over 20 years [see 25 FR 6427].The above proposal involved the processing of the DU weights to add a new coating of a different material.If the work was performed at the Washington plant, Boeing would need (1) a license from the State of Washington authorizing the procedure for coating the DU weights in its possession, and (2) a license from the NRC to distribute the weights to exempt persons (i.e., the operators of the aircraft) after being coated [see 10 CFR 40.13 (c) (5) (i) and 150.15 (a) (6)]. In a second letter dated March 18, 1983, the Boeing Company proposed the application of corrosion preventative compound MIL-C-16173 to DU weights in service.This procedure would be accomplished during operators scheduled maintenance programs.It would be required that the weights be corrosion free and finished per drawing (nickel and cadmium plus primer) prior to brush application of MIL-C-16173. Both MIL-C-16173 and weights would be at ambient temperatures during application.Attachment holes would be filled with grease (MIL-G- 23827) to eliminate water traps and cautionary markings on the weights would be kept legible.No chemical interactions would occur between the corrosive preventative compound (MIL-C-16173) or the grease (MIL-G-23827) and the plating or paint because these compounds do not contain solvents or other agents which might soften paint.The Boeing Company believed that this process, while not as effective in preventing corrosion as their previous proposal, would be a significant improvement and did not violate the intentions of 10 CFR Part 40 of the NRC rules and regulations. It was NRC staff view that the second proposal was not considered as "... chemical, physical, or metallurgical treatment or process ..." and was appropriate for exemption under 10 CFR 40.13 (c) (5). Regulatory references:10 CFR 40.13 Subject codes:11.1, 11.6 Applicability:Source Material Source:NRC http://www.nrc.gov/NRC/NMSS/HP/POS/hppos206.txt To unsubscribe from this groups send a message to du-list-unsubscribe@yahoogroups.com. In the body of the message type unsubscribe and send. ***************************************************************** 2 [NYTr] Venezuela Supports Iran's Right to Develop Nuclear Energy Date: Mon, 21 Aug 2006 22:12:22 -0500 (CDT) X-Sender-Host-Name: chumbly.math.missouri.edu X-Spam-Class: HAM-VERY Via NY Transfer News Collective * All the News that Doesn't Fit Radio Havana Cuba http://www.radiohc.cu Venezuela Supports Iran's Right to Develop Nuclear Energy Caracas, August 21 (RHC)--Venezuelan Vice President Jose Vicente Rangel, has declared that his country is against preventing the development of Iran's nuclear program. Speaking to reporters in Caracas, he said that Venezuela does not agree with preventing Iran's nuclear production which is not aimed at production of atomic bomb. "This is while, India is involved in producing nuclear bombs with US approval and Pakistan is developing its nuclear program," he added. Rangel accused Washington of approaching the nuclear activities of other countries based on its own interests. "Development of a nuclear program of countries creates no problem if it is approved by Washington he charged, but in the case of another country that same program will cause problems." "Venezuela has its own foreign policy and does not intend to confront the United States. But we will never accept the US telling us what is right and what is wrong," he added. The Vice President called for expansion of multifaceted mutual ties with Tehran and said, "Given that Iran is a developed country in the field of advanced technologies and has achieved great progress in the automotive industry, Venezuela will benefit from bilateral relations." Rangel pointed to joint establishment of a tractor manufacturing plant which he noted, is more of interest to his country. * ================================================================ .NY Transfer News Collective * A Service of Blythe Systems . Since 1985 - Information for the Rest of Us . .339 Lafayette St., New York, NY 10012 http://www.blythe.org .List Archives: https://olm.blythe-systems.com/pipermail/nytr/ .Subscribe: https://olm.blythe-systems.com/mailman/listinfo/nytr ================================================================ ***************************************************************** 3 IRNA: South African FM: Iran's right to nuclear technology undeniable Pretoria, Aug 21, IRNA South Africa-Mottaki-Nuclear South African Foreign Minister Nkosazana Dlamini-Zuma said on Monday that the rights of NPT member states to support the rights of other members -- including Iran -- to access nuclear technology for peaceful purposes is undeniable. She made the remark at the inaugural ceremony of Iran-South Africa Cooperation Commission meeting in Pretoria. The South African minister said that Iran's nuclear issue can be solved within the framework of the International Atomic Energy Organization (IAEA) through talks. She hoped that by full support for the attempts of IAEA Chief Mohamed ElBaradei the remaining problems will be solved in the immediate future and an agreement will be reached between those involved in the issue. Dlamini-Zuma called on all the parties involved in the issue to resume talks and avoid any measure leading to confrontation. Turning to the `great tragedy' taking place in the Middle East, she said that the dangerous situation in the region and the gruesome human crisis in Lebanon are the cause of deep concern of the world community. The African minister stated that her country feels itself committed to support the trend of the attempts currently underway to promote lasting peace and justice in the Middle East. For his part, Mottaki, who is visiting Pretoria to attend the two-day joint cooperation commission meeting, said that Iran is willing to hold talks on the remaining problems associated with its nuclear issue to achieve a final solution. Mottaki said that Iran has assessed the issue and is willing to resume talks based on its rights and within the framework of NPT to solve the matter. The minister pointed to talks as the best way to solve Iran's present nuclear crisis. Mottaki and his accompanying political delegation arrived in Pretoria Monday morning on an official two-day visit to hold talks with senior South African officials. The 9th session of the Iran-South Africa Joint Cooperation Commission kicked off here Monday. The session was chaired by the visiting Iranian foreign minister and his South African counterpart. During his stay in Pretoria, the Iranian foreign minister is scheduled to meet with Dlamini-Zuma and discuss major developments in the Middle East as well as Iran's peaceful nuclear activities. He will also hold a meeting with South African President Thabo Mbeki and the ministers of energy and mines, industry and trade and science and technology. ***************************************************************** 4 IRNA: Iran committed to its stance - Elham Tehran, Aug 21, IRNA Iran-Elham-Nuclear issue Government spokesman Gholam-Hossein Elham said here Monday that Iran would stick to its stance despite breaches in the Europeans' stance. Elham was speaking to reporters at his weekly press conference in which he commented on a package of incentives offered to Iran on June 6 by the five permanent UN Security Council members -- Britain, France, the United States, China and Russia -- plus Germany (Group 5+1) in exchange for a freeze on all uranium enrichment and related activities. "We believe the sides can settle this case through negotiations," Elham said. Foreign Ministry spokesman Hamid-Reza Asefi said on Sunday that Iran's review of the package is done and that it was ready to give its response on August 22 as previously announced. Elham reminded that the package of incentives had not set a deadline for Iran to respond to Europe's offer. "We, ourselves, set the date when we would give our response and we will do that." ***************************************************************** 5 Guardian Unlimited: Iran Says It Won't Stop Nuclear Program From the Associated Press [UP] Monday August 21, 2006 1:01 PM AP Photo BEI103 By NASSER KARIMI Associated Press Writer TEHRAN, Iran (AP) - Iran's supreme leader Ayatollah Ali Khamenei said Monday that Tehran will continue to pursue nuclear technology, despite a U.N. Security Council deadline to suspend uranium enrichment by the end of the month or face the threat of economic and diplomatic sanctions. ``The Islamic Republic of Iran has made its own decision and in the nuclear case, God willing, with patience and power, will continue its path,'' Khamenei was quoted as saying by state television. He accused the United States of putting pressure on Iran despite Tehran's assertions that its nuclear program was peaceful. ``Arrogant powers and the U.S. are putting their utmost pressure on Iran while knowing Iran is not pursuing nuclear weapons,'' he said. Khamenei's declaration came on the eve of Iran's self-imposed Aug. 22 deadline to respond to a Western incentives package for it to roll back its nuclear program. He accused the United States of pressuring Iran despite Tehran's assertions that it was not seeking to develop nuclear weapons, as Washington and several of its allies have contended. ``Arrogant powers and the U.S. are putting their utmost pressure on Iran while knowing Iran is not pursuing nuclear weapons,'' he said. Iran on Sunday said it will offer a ``multifaceted response'' to the incentives proposal. It insisted that it won't suspend uranium enrichment altogether. The U.N. Security Council passed a resolution last month requiring the halt to enrichment under threat of economic and diplomatic sanctions. Also on Monday, German Chancellor Angela Merkel pressed for a ``solid answer'' from Iran on the package. ``I still hope that it will be positive, although some signals have been very confused,'' said Merkel, whose country drew up the package with the five permanent Security Council members. The proposal includes promises that the United States and Europe will provide civilian nuclear technology and that Washington will join direct talks with Iran. Tehran says uranium enrichment does not violate any of its obligations under the Nuclear Nonproliferation Treaty, and that its nuclear program aims to produce electricity. Khamenei accused the West of wanting to obstruct scientific progress in the Islamic world and called for Islamic countries to stand together in the face of such pressure. Guardian Unlimited © Guardian Newspapers Limited 2006 ***************************************************************** 6 Guardian Unlimited: A Look at Nuclear Incentives for Iran From the Associated Press [UP] Monday August 21, 2006 10:16 PM By The Associated Press Iran says it plans to respond Tuesday to a Western incentives package presented in June to encourage Tehran to suspend uranium enrichment. The package has not been made public, but some of the incentives have been leaked including: - Lifting some U.S. bilateral sanctions, including a ban on sales of Boeing passenger aircraft and related parts. - Receiving some nuclear technology to help build nuclear reactors for civilian energy purposes. - Receiving a guaranteed supply of nuclear fuel. The United States and its allies accuse Iran of seeking to develop atomic weapons. Tehran insists its nuclear program is intended only to produce power, and Iranian leaders say they will not be pressured into stopping the program. The U.N. Security Council has given Iran until Aug. 31 to suspend enrichment or face the threat of economic and diplomatic sanctions. Guardian Unlimited © Guardian Newspapers Limited 2006 ***************************************************************** 7 Guardian Unlimited: Iran Denies Inspectors Access to Site From the Associated Press [UP] Tuesday August 22, 2006 1:01 AM AP Photo XTH103 By GEORGE JAHN and NASSER KARIMI Associated Press Writer TEHRAN, Iran (AP) - Iran turned away U.N. inspectors from an underground site meant to shelter its uranium enrichment program from attack, diplomats said Monday, while the country's supreme leader insisted Tehran will not give up its contentious nuclear technology. Ayatollah Ali Khamenei's comments came on the eve of a self-imposed deadline to respond formally to Western incentives aimed at curbing its atomic program, deflating hopes that Iran will accept a U.N. Security Council demand that it freeze enrichment by Aug. 31 or face the possibility of sanctions. Iran's unprecedented refusal to allow access to its underground facility at Natanz could seriously hamper U.N. attempts to ensure Tehran is not trying to produce nuclear weapons, and might violate the Nuclear Nonproliferation Treaty, diplomats and U.N. officials told The Associated Press. Speaking on condition of anonymity because of the sensitivity of the information, the diplomats and officials from the U.N. nuclear watchdog, the International Atomic Energy Agency, described other signs of Iranian defiance. They said Iran denied entry visas to two IAEA inspectors in the last few weeks after doing the same earlier this summer for Chris Charlier, the expert heading the U.N. agency's team to Tehran. Additionally, they said, other inspectors were given only single-entry visas during their visits to Iran last week, instead of the customary multiple-entry permits. Iran's reported actions were likely to harden Western resolve to punish the Tehran regime if it refuses to give up uranium enrichment, which can be used to create the fissile core of nuclear warheads. Diplomats told AP on Monday that sanctions could include a ban on the sale of missile and nuclear technology to Tehran, international refusal to grant entry visas to people involved in Iran's nuclear program and a freeze of their assets, and a ban on investment in Iran. IAEA head Mohamed ElBaradei is to report by Sept. 11 to the agency's board on Iran's compliance with the Security Council deadline on freezing enrichment and on other aspects of Tehran's cooperation with U.N. inspectors. The U.S. ambassador to the United Nations, John Bolton, said that ``nothing surprises me about how Iran treats its obligations'' under the nonproliferation agreement. He said Iran concealed things from inspectors in the past and alleged Tehran also has falsified data. Although Bolton said he had no specific knowledge of the reported recent blocking of U.N. inspectors, he said, ``More obstructionism doesn't surprise me at all.'' IAEA officials at the agency's headquarters in Vienna, Austria, refused to comment. The Islamic republic has promised to formally respond Tuesday to an offer of economic and political rewards for it to freeze enrichment and negotiate strengthened monitoring of its nuclear program. The proposal from six world powers - the U.S., Russia, China, Britain, France and Germany - includes promises that the United States and Europe will provide civilian nuclear technology and that Washington will join direct talks with Iran. But Iran's supreme leader again ruled out an enrichment freeze. ``The Islamic Republic of Iran has made its own decision and in the nuclear case, God willing, with patience and power, will continue its path,'' Khamenei was quoted as saying Monday by state television. He accused the United States of pressuring Iran despite Tehran's assertions it is not working on nuclear weapons, as Washington and its key allies contend. Iran says its enrichment work is intended solely to produce fuel for nuclear reactors that will generate electricity. ``Arrogant powers and the U.S. are putting their utmost pressure on Iran while knowing Iran is not pursuing nuclear weapons,'' Khamenei said. Iran said Sunday that it would offer a ``multifaceted response'' to the incentives proposal but already insisted a full enrichment freeze was out of the question. In Washington, President Bush said Iran already was giving an inkling of its response. ``Dates are fine,'' he said, ``but what really matters is will. And one of the things I will continue to remind our friends and allies is the danger of a nulear-armed Iran.'' A State Department spokesman, Gonzalo Gallegos, said, ``We await their final decision.'' German Chancellor Angela Merkel pressed for a ``solid answer'' from Iran. ``I still hope that it will be positive, although some signals have been very confused,'' she said. Tehran says uranium enrichment does not violate any of its obligations under the Nuclear Nonproliferation Treaty. But U.N. officials suggested the refusal to allow IAEA inspectors access to the underground nuclear site being built at Natanz was in itself a violation of the treaty because it contravenes Tehran's commitment to inform the agency of the progress of such projects. Iranian officials have said the country intended to move toward large-scale uranium enrichment involving 3,000 interconnected centrifuges in underground halls at Natanz, in central Iran, by late this year and would later expand the program to 54,000 centrifuges. Former U.N. nuclear inspector David Albright, president of the Washington-based Institute for Science and International Security, describes the site as a vast complex 75 feet underground, covered by layers of materials. It is unclear whether that includes concrete. --- Associated Press writers George Jahn reported this story from Vienna, Austria, and Nasser Karimi from Tehran, Iran. --- On the Net: International Atomic Energy Agency: http://www.iaea.org Guardian Unlimited © Guardian Newspapers Limited 2006 ***************************************************************** 8 BBC: Iran reply may herald new confrontation Last Updated: Monday, 21 August 2006 By Paul Reynolds World affairs correspondent, BBC News website [President Ahmadinejad of Iran] President Ahmadinejad: Not afraid of confronting the West Just as the Middle East reels from the impact of the Hezbollah-Israel war, a new confrontation involving Iran might be about to break out. Iran is expected to announce on Tuesday its formal reply to the demand by the UN Security Council that it suspend its enrichment of uranium, pending negotiations about Tehran's nuclear plans. A fairly large clue as to Iran's position came from its supreme leader, Ali Khamenei, who said on Monday that Iran would "continue on its path". This new potential crisis has come at a dangerous time, with relations between the West and the Muslim world already extremely sensitive and fraught. Iran is buoyed by what it sees as its ally Hezbollah's victory against Israel, and in President Ahmadinejad it has a political leader who appears to welcome confrontation with the West. It is therefore in no mood to compromise over enrichment, though some had hoped that it might be able to announce a so-called "technical pause" to allow talks to start. If its answer on suspension is "No", the United States will press for diplomatic and economic sanctions. These would need a new vote in the Security Council, and in the past Russia and China, both veto holders, have opposed sanctions. Possible military action Beyond the issue of sanctions, however, there are experts who fear that confrontation could in due course mean military action. Mark Fitzpatrick, senior fellow in non-proliferation at the International Institute for Strategic Studies in London, said: "This won't drag on for years. There are two deadlines of sorts at the end of 2008. That is the earliest date by which some people think Iran could acquire a nuclear weapon. I think the date is more like 2010. "And on November 2008, there is the US presidential election. President Bush will be inclined not to let this problem be passed on. There will be a growing mood in the US administration to take other action." Asked if Israel's problems in disarming Hezbollah showed the limitations of air power and might therefore make an attack on Iran less likely, he replied: "Israel's actions make an attack on Iran more likely as it removes one of Iran's retaliatory tools, an attack on Israel by Hezbollah. This has now been pre-empted." This view echoes to some extent one put forward in the New Yorker recently by Seymour Hersh, who argued that the attack on Hezbollah was a dry-run for one on Iran. But you do not have to accept that theory to conclude that the military option against Iran is not inconceivable. Sanctions first In the shorter term, however, the emphasis will be on sanctions. On 31 July, the Security Council (in Resolution 1696) gave Iran a month in which to comply with the earlier demands of the UN's nuclear agency, the International Atomic Energy Agency (IAEA). The IAEA said that Iran should suspend enrichment, reconsider the construction of a heavy-water nuclear reactor, ratify and implement a stricter inspection regime already agreed, and co-operate fully with the IAEA inspectors. Some countries can have acce to high nuclear technology, the others are told they can produce fruit juice and pears! Ali Larijani The IAEA will report on Iranian compliance at the end of August. If there is none, then the next stage will be reached. Any sanctions will have to be diplomatic or economic in nature. This is because resolution 1696 states that they would be authorised under Article 41 of Chapter VII of the UN Charter. This says that measures cannot be ones "involving the use of armed force". The US and its allies (including the UK, and on this occasion probably France and Germany as well) fear that Iran will one day use the enrichment technology not just for nuclear fuel but for a nuclear bomb, though Iran says that is not its intention. The US will press for travel restrictions to be imposed on Iranians involved in the nuclear programme, and for a ban on the sale of goods that could be used in the nuclear field and on dual-use items. If these do not get through the council, a so-called "coalition of the willing" might be formed by those countries wanting to go further. They might also consider a ban on investing in Iran's oil and gas industry, a restriction the US has itself imposed since 1979. Sanctions impact minimal Frankly, few if anyone involved in contacts with Iran over the past few years think that sanctions will be effective. Iran has lived with American sanctions for 27 years and these have made no difference. It is true that this time, the US and the European Union have offered incentives for Iran in the form of a lifting of some American restrictions and for help with nuclear technology, and even consideration of an end to the enrichment moratorium once confidence is restored. But Iran seems determined to press on, resting on its rights to enrich under the Treaty on the Non-Proliferation of Nuclear Weapons (known as the NPT) and turning the whole issue into one in which a developing nation is being forced to abandon a modern technology by richer countries that already have it. In an interview with the Guardian newspaper, chief Iranian negotiator Ali Larijani put it this way: "We don't see why we should stop the scientific research of our country. "We understand why this is very sensitive. But they [the West] are categorising countries. Some countries can have access to high nuclear technology, the others are told they can produce fruit juice and pears!" ***************************************************************** 9 IRIB PERSIAN NEWS: Inspections limit if pressure keeps 2006/08/21 An MP said Monday that in case of continued pressure and sanctions on IRI, the Islamic Consultative Assembly (Majlis) would limit the activities of the International Atomic Energy Agency (IAEA) in the country including inspections. Alaeddin Boroujerdi, Chairman of the National Security and Foreign Policy Commission of Majlis, made the remark while talking to reporters on the sidelines of an open session of Majlis. "If the Europeans take hasty steps and ignore the rights of the Iranian nation, IAEA inspections in accordance with the non-proliferation treaty (NPT) will have no more place," he added. The Supreme National Security Council (SNSC) and its secretary, Ali Larijani, will give its response to the package of proposals offered by the group 5+1 (tomorrow), the MP added. In case sanctions are imposed on IRI, the SNSC will probably ask the iaea to remove its surveillance cameras from IRI's nuclear facilities, he said, adding that such a move is under study. On Canadian allegations of Iranian interference in the war in Lebanon, Boroujerdi said that "allegations of the kind are usual from a party that faces defeat in a military operation." He stressed that the Zionist army, acknowledged to be one of most powerful in the world, lost miserably in the war against the Lebanese Islamic Resistance Movement, Hezbollah despite all-out American support. M/D Copyright 2004, All Rights Reserved By Islamic Republic of Iran Broadcasting News Network Sponsored By IRIB News Computer Center. E-Mail: Info@IRIBNEWS.ir ***************************************************************** 10 IRIB PERSIAN NEWS: Iran committed to its stance: Elham 2006/08/21 Government Spokesman Gholam-Hossein Elham said Monday that Iran would stick to its stance despite breaches in the Europeans' stance. Elham was speaking to reporters at his weekly press conference in which he commented on a package of proposals offered to Iran on June 6 by European Union. "We believe the sides can settle this case through negotiations," Elham said. Foreign Ministry Spokesman Hamid-Reza Asefi said on Sunday that Iran's review of the package is done and that it was ready to give its response on August 22 as previously announced. Elham reminded that the package of proposals had not set a deadline for Iran to respond to Europe's offer. "We, ourselves, set the date when we would give our response and we will do that," he said. M.H.Z Copyright 2004, All Rights Reserved By Islamic Republic of Iran Broadcasting News Network Sponsored By IRIB News Computer Center. E-Mail: Info@IRIBNEWS.ir ***************************************************************** 11 AFP: Iran ready to formally insist on uranium enrichment by Michael Adler Mon Aug 21, 8:04 AM ET VIENNA (AFP) - Iran " /> Iranhas made it clear that it will refuse to suspend strategic nuclear fuel work when it responds to an international offer for an atomic deal on Tuesday, but the crucial deadline comes at the end of the month, diplomats and analysts say. "We're giving them until the 31st of August to suspend uranium enrichment, and then the time has come to look at other measures," a European diplomat told AFP, alluding to possible UN Security Council sanctions. On Tuesday, Tehran is to respond to a package of incentives offered by major powers in return for a freeze on uranium enrichment, amid Western fears that its nuclear power program is a cover for a weapons program, since uranium enrichment makes fuel for reactors but can also produce the raw material for atom bombs. Iran's supreme leader Ayatollah Ali Khamenei said Monday that his country would pursue its nuclear program "with strength." For his part, Foreign Minister Manouchehr Mottaki said during a visit to South Africa on Monday: "We have completed our consideration (of the incentives package) and we hope, based on cooperation, negotiation, and respecting the rights of Iran to have nuclear technology, to remove any questions to catch a comprehensive solution." Iranian foreign ministry spokesman Hamid Reza Asefi had said Sunday that Tehran would not freeze its nuclear activities. "The issue of suspension means returning to the past. It is not on the agenda of the Islamic republic of Iran," Asefi told reporters. The Security Council has given Iran until August 31 to halt enrichment and reprocessing activities or face possible sanctions, and the UN watchdog International Atomic Energy Agency " /> International Atomic Energy Agency(IAEA) is to verify whether Iran has complied with this deadline. Iran will be responding Tuesday to an offer of talks on trade, technology and security benefits made in June by the five permanent UN Security Council members -- Britain, China, France, Russia and the United States -- plus Germany. Asefi said: "We are in the final stage of our studies on the package. Since the package had different dimensions, our response will be also multi-dimensional." An Asian diplomat close to the Vienna-based IAEA said the Iranians will try to buy time with their response. "They will give a wishy-washy reply. They will leave some kind of fig leaf to have some support. They don't want to confront the international community now," the diplomat said. A negative Iranian response would set up a confrontation, diplomats and analysts said. EU foreign policy chief Javier Solana and top Iranian nuclear negotiator Ali Larijani are open to "further contacts" about Tehran's nuclear ambitions, Solana said Monday. But Mark Fitzpatrick, a non-proliferation expert at London's International Institute for Strategic Studies (IISS), said Iran is losing its room to maneuver. "Come August 31, the IAEA will report that there is no suspension, and then the Security Council will consider the next step, which is considering a resolution to impose sanctions," Fitzpatrick said. "We are heading to further escalation of the confrontation," Fitzpatrick said. Iran has said it is ready for sanctions, which will almost certainly be at first limited measures such as banning the travel of Iranian nuclear scientists and officials involved in the atomic program. "It (sanctions) would be more harmful to them (the West) than for us. We have been under informal sanctions since the 1979 Islamic revolution and we can deal with the consequences by planning," Asefi said. In the meantime, Iran is preparing for any possible military action over its nuclear activities and showed off new tactical missiles on Sunday during nationwide war games. Iran test-fired a short-range missile in a demonstration of its "readiness to respond to any threat," state television reported. Iran has remained defiant since a UN resolution was adopted on July 31 after Tehran ignored a previous non-binding deadline and failed to respond to the incentives package, although it says it is still open to negotiations. Tehran, one of the world's top oil producers, insists its nuclear programme is a peaceful effort to generate electricity and notes that it has the right to enrich uranium as a signatory to the nuclear Non-Proliferation Treaty. Copyright © 2006 Agence France Presse. All rights reserved. The ***************************************************************** 12 AFP: Defiant Iran says will press on with nuclear work by Aresu Eqbali Mon Aug 21, 8:39 AM ET TEHRAN (AFP) - Iran " /> 's supreme leader Ayatollah Ali Khamenei has said that Tehran will press on with its nuclear work, suggesting it was heading for a showdown with the UN Security Council which has ordered a freeze. "The Islamic republic has made up its mind and on the nuclear program and other issues it will continue on its path with strength, with God's help," he was quoted as saying on state television Monday. Iran is due on Tuesday to formally respond to an offer by major powers proposing a package of incentives in return for a freeze in uranium enrichment, a process that can be developed to make nuclear weapons. The Security Council has also given Iran until August 31 to halt enrichment and reprocessing activities or face possible sanctions. "Arrogant powers, led by the United States, are fearful of progress of Islamic countries in various dimensions," Khamenei said. "Therefore, in the nuclear issue, even though they know Iran is not seeking nuclear weapon, they are piling on the pressure to prevent our scientific progress as an Islamic country." Iran, which has faced a long investigation by the UN nuclear watchdog the International Atomic Energy Agency " /> over its activities, insists it has the right to nuclear technology under the Non-Proliferation Treaty. And in a further sign that Iran was not about to back down in its standoff with the West, the country's Atomic Energy Organisation said that suspension of uranium enrichment was "no longer possible" ahead of the August 31 deadline. "Given the technical progress of Iranian scientists, suspension of uranium is no longer possible under the current circumstances," the agency's deputy head, Mohammad Saeedi, was quoted as saying by the semi-official Fars news agency. He also said Tehran was planning to start operations at its heavy water plant in Arak which will feed a nuclear reactor under construction. "The heavy water production plant of Arak will become operational in the near future," Saeedi said. Iran insists its nuclear program is for civilian purposes but the United States and other Western countries believe the Islamic republic is keen on developing nuclear weapons. UN Secretary General Kofi Annan " /> appealed Sunday for Iran to reply positively to a package of incentives offered by major powers in return for a freeze in uranium enrichment. "I appeal to the Government of Iran to seize this historic opportunity," Annan said. "Iran's reply will, I trust, be positive and that this will be the foundation for a final, negotiated settlement." Ahead of the latest flurry of statements from Tehran, EU foreign policy chief Javier Solana said on Monday he was to open "further contacts" with Iranian nuclear negotiator Ali Larijani about Tehran's nuclear ambitions. "We both agreed on our openness, under the right circumstances, to further contacts with the aim of re-establishing confidence in the purely civilian nature of the Iranian nuclear programme," he added after a phone call with Larijani. His statement came as Iran test-fired a short-range missile during the second day of nationwide military exercises in a demonstration of its readiness to "respond to any threat," Iranian state television reported. Copyright © 2006 Agence France Presse. All rights reserved. The ***************************************************************** 13 AFP: Defiant Iran vows to press on with nuclear work - by Aresu Eqbali Mon Aug 21, 1:32 PM ET TEHRAN (AFP) - Iran " /> 's supreme leader has said the country would press on with its controversial nuclear work, paving the way for a likely showdown with the UN Security Council despite appeals for Tehran to bow to international demands. "The Islamic republic has made up its mind and on the nuclear programme and other issues it will continue on its path with strength, with God's help," Ayatollah Ali Khameini was quoted as saying on state television Monday. Khamenei, who has the last word on key policy issues, made the remarks on the eve of a Tuesday deadline for Iran to formally respond to an offer by major powers proposing a package of incentives in return for a suspension of uranium enrichment. The comments prompted Washington to repeat a call on the United Nations " /> to move swiftly to impose sanctions against Iran if it refuses to stop nuclear enrichment activities by an August 31 deadline set by the Security Council. "There must be consequences if people thumb their nose at the United Nations Security Council. We will work with people on the Security Council to achieve that objective," US President George W. Bush " /> said. But Khameini dismissed the US position as a conspiracy against the Islamic world. "Arrogant powers, led by the United States, are fearful of progress of Islamic countries in various dimensions," he said. "Therefore, in the nuclear issue, even though they know Iran is not seeking nuclear weapons, they are piling on the pressure to prevent our scientific progress as an Islamic country." A nuclear official said Iran would submit a "comprehensive written response" to the offer from the international community on Tuesday. The proposal, backed by the five UN Security Council permanent members -- Britain, China, France, Russia and the United States -- plus Germany, offers Tehran incentives in return for a freeze of sensitive nuclear work. z Iran has been flexing its muscles in nationwide war games in which it has testfired new missiles. In a further indication it is unlikely to back down, the country's Atomic Energy Organisation said that suspension of uranium enrichment was "no longer possible" ahead of the August 31 deadline. "Given the technical progress of Iranian scientists, suspension of uranium is no longer possible under the current circumstances," deputy head Mohammad Saeedi, was quoted as saying by the semi-official Fars news agency. But Tehran, which has faced a long investigation by the International Atomic Energy Agency " /> (IAEA) over its activities, insists it has the right to nuclear technology under the Non-Proliferation Treaty. Saeedi said Iran was also planning to start up a plant in the city of Arak to produce heavy water for a research reactor due for completion by 2009. z The IAEA is concerned about the risk of diversion of nuclear materials as the reactor could produce 8-10 kilogrammes (about 20 pounds) of plutonium a year, enough to make at least two nuclear bombs. UN Secretary General Kofi Annan " /> appealed Sunday for Iran to reply positively to the incentives package. "I appeal to the government of Iran to seize this historic opportunity," Annan said. "Iran's reply will, I trust, be positive and that this will be the foundation for a final, negotiated settlement." France too said it hoped Iran would "seize the offer made to it". But a prominent member of the hardline-controlled parliament warned that MPs would block IAEA inspections of Iranian nuclear sites if the Security Council decided to impose sanctions. Ahead of the latest flurry of statements from Tehran, EU foreign policy chief Javier Solana said he was to open "further contacts" with Iranian nuclear negotiator Ali Larijani. "We both agreed on our openness, under the right circumstances, to further contacts with the aim of re-establishing confidence in the purely civilian nature of the Iranian nuclear programme," he said after a phone call with Larijani. IAEA chief Mohammed ElBaradei is to report back to the Security Council on Iran's compliance with the deadline and if it is deemed to have failed to comply, the Security Council will consider adopting "appropriate measures" under Article 41 of Chapter Seven of the UN Charter, which sets out enforcement powers. Iran, the number two producer in the OPEC " /> oil cartel, has threatened to halt exports if the Security Council imposes sanctions and world crude prices jumped on Monday after Iran said it would ignore the UN deadline. In London, benchmark Brent North Sea crude for October delivery jumped 1.03 dollars to 73.18 dollars per barrel in electronic trade. New York's main contract, light sweet crude for delivery in September, climbed 56 cents to 71.70 dollars per barrel in pit trading. Copyright © 2006 Agence France Presse. All rights reserved. The ***************************************************************** 14 IRNA: Iran rejects preconditions for nuclear talks Tehran, Aug 20, IRNA Iran-Asefi-Nuclear Talks Iran on Sunday once again rejected any precondition for holding nuclear talks. "It is baseless to condition the nuclear talks to implementing the UN Security Council Resolution 1696," Asefi told reporters at his weekly press conference. "The Islamic Republic of Iran believes setting preconditions for negotiations will tighten the atmosphere for the two sides to reach a solution," he added. "Why do they believe that the two parties should not negotiate in an open atmosphere?" The spokesman said, "The UN Security Council's resolution was of no legal and lawful validity. Therefore, it will be unacceptable for Iran. "It is not the way that five or six persons decide on one issue in contravention with the conventions still in force and the others accept," he said in reference to validity of the Non-Proliferation Treaty (NPT). Asked about Iran's response to a package of incentives offered by the European Union, he said, "The Europeans have changed the path. Instead of continuation of talks, they referred to the Security Council and changed the positive atmosphere." Iran has said its response to the package would be ready by August 22. "The Islamic Republic of Iran believes the nuclear case can be settled through negotiations," Asefi said He expressed hope the case "would return to its main position". "If the Europeans' attitude is rational, the package of incentives can settle problems. The package has still ambiguities and questions which should be answered." In response to a question on the time Iran would present its response to the package of incentives, he said, "Iran has finished study on the proposed package and will present its response within the next two or three other days. "We have told the Europeans since the beginning that August 22 will not be end of the world." Asefi said that Iran's nuclear case is not complicated, adding, "There was no necessity for the case to be sent to the Security Council. A tie that can be opened by hand should not be opened with tooth." Asked about topics to be raised during an upcoming visit to Iran of UN Secretary-General Kofi Annan, the spokesman said, "Nuclear case will be among topics to be discussed. "Iran welcomes Annan's visit and is drawing plans for the visit to take place within the next weeks. In talks with Annan, we will express our views on improvement of the UN status." Asefi added that Lebanon and regional and international developments would be among other issues to be discussed with Annan. Pointing to Iran's cooperation with the UN and inspectors of the International Atomic Energy Agency (IAEA), he said, "We hold talks with different states in this regard and do not assess it as a complicated issue. "We should wait and see what decision is being made by Group 5+1 and Europe on Iran and will act in proportion with it." He said Iran has caused no obstacle for the IAEA inspectors, adding, "Just in one case that the inspection was not within frameworks of the IAEA's duties, we called for a change of inspectors which was accepted by the agency. Iran will continue its cooperation with the IAEA. Currently, all nuclear activities of the country are under the IAEA surveillance." Asked about the possibility of imposing sanctions against Iran, the spokesman added, "If the opposite side follows up logic and wisdom, the possibility of sanctions is not the question. "But if the case was led to complication and the issue of sanctions is raised, the other party, the Europeans will undoubtedly lose. "The Islamic Republic of Iran has been under informal sanctions since the 1979 Islamic revolution and we can deal with consequences of such schemes. "If the Europeans impose sanctions on Iran, they will damage all bridges behind them," Asefi said. He added, "However, we are not pessimistic about the Europeans. We do not think they intend to revise all issues and destroy all bridges behind them." He said Iran enjoys great potentials, adding, "If other countries refrain from cooperating with Iran, they will sustain more damage (than Iran). "The Islamic Republic of Iran reached a record position in several fields that has no need to others." The spokesman stressed, "Iran decides on the basis of its national interests and will not give up its rights of access to peaceful nuclear energy under pressure or threats." ***************************************************************** 15 UPI: U.N. pleased Iran to respond on nukes United Press International - Intl. Intelligence - 8/21/2006 5:46:00 AM -0400 UNITED NATIONS, Aug. 20 (UPI) -- U.N. Secretary-General Kofi Annan is pleased Iran will reply to proposals by the group known as the European Union three plus three by Tuesday. But he may not be so pleased with the response, since the official Iranian Republic News Agency Sunday said Tehran would not suspend uranium enrichment. In a statement issued Sunday, Annan said, "I am pleased that the Islamic Republic of Iran has indicated it will respond to the proposal of the EU3 plus three for a comprehensive solution to the nuclear issue on Tuesday." He said, "Iran's reply will, I trust, be positive and that this will be the foundation for a final, negotiated settlement. "In a time of acute crisis in the Middle East, I believe that progress on the nuclear issue is essential for the stability not only of the region, but the international system itself," the secretary-general said. "I am convinced that a way is now open for setting a milestone for international (nuclear) non-proliferation efforts." The EU3 plus three, of Britain, France and Germany, backed by China, Russia and the United States, have affirmed Iran's right to develop nuclear energy for peaceful purposes. But they want assurances Iran's intentions are peaceful, as called for by both the International Atomic Energy Agency and the U.N. Security Council. The three-plus-three offered incentives for Iran to suspend enrichment, which can serve military and civilian objectives. Iran's Foreign Ministry spokesman, Hamid Reza Asefi, said Sunday any suspension of the nation's nuclear program should be worked out in negotiations, IRNA said. But Asefi said it made no sense to suspend enrichment beforehand, because Iran insists its aims are purely civilian. Western diplomats say Iran must first halt uranium enrichment before talks can start. © Copyright 2006 United Press International, Inc. All Rights Reserved ***************************************************************** 16 IRNA: Venezuelan VP against preventing Iran's nuclear program Madrid, Aug 20, IRNA Iran-Nuclear-Venezuela Venezuelan Vice President Jose Vicente Rangel Sunday declared that his country is against preventing the development of nuclear program in Iran. Speaking to reporters in Caracas, he said that Venezuela does not agree with preventing Iran's nuclear production which is not aimed at production of atomic bomb. "This is while, India is involved in producing nuclear bombs with US approval and Pakistan is developing its nuclear program," he added. Rangel accused the US of approaching the nuclear activities of other countries based on its own interests. "Development of the nuclear program of world countries creates no problem if it is approved by Washington, while in case another country proceeds with the same, it will cause problems. "Venezuela has its own foreign policy and does not intend to confront the US. But we will never accept the US telling us what is right and what is wrong," he added. The vice president called for expansion of multifaceted mutual ties and said, "Given that Iran is a developed country in the field of advanced technologies and has achieved great progress in the automotive industry, Venezuela will benefit from bilateral relations." Rangel pointed to joint establishment of a tractor manufacturing plant called Veniran, which is more to the interest of his country. ***************************************************************** 17 IRNA: Mottaki: Iran committed to holding talks on its nuclear issue - , Aug 21, IRNA -- Foreign Minister Manouchehr Mottaki here Monday said that Iran is willing to continue talks on the remaining issues related to its nuclear activities for peaceful purposes to come up with a proper solution. The minister made the remark at the inaugural ceremony of the 9th Iran-South Africa Cooperation Commission meeting in Pretoria. Mottaki said that Iran has examined the issue and is willing to resume talks based on its rights and within the framework of NPT to solve the matter. "Iran's inalienable right to access nuclear technologies for peaceful purposes has been provided by its membership in the nuclear Non-Proliferation Treaty (NPT)," he added. Mottaki underlined that Iran has been transparent in its nuclear activities, adding that it welcomed the early proposal of the five permanent members of the United Nations Security Council (UNSC) plus Germany (5+1 group) for holding talks in Vienna. "In the middle of negotiations in Vienna and as a consequence of the attempts of certain countries, Iran's nuclear issue was returned to the UNSC. "Such a measure has created new doubts about these countries respect for Iran's inalienable rights to nuclear technology for peaceful purposes," he said. Appreciating South Africa for supporting Iran's nuclear issue, the minister said that no party is entitled to disregard the rights of NPT member states. Mottaki arrived in Pretoria Monday morning at the head of a political delegation for an official two-day visit to hold talks with senior South African officials. The 9th session of the Iran-South Africa Joint Cooperation Commission kicked off here Monday. The session was chaired by the Iranian foreign minister and his South African counterpart, Nkosazana Dlamini-Zuma, who both hold the current presidency. During his stay in Pretoria, the Iranian foreign minister is scheduled to meet with Dlamini-Zuma and discuss major developments in the Middle East as well as Iran's peaceful nuclear activities. He will also hold a meeting with South African President Thabo Mbeki and the ministers of energy and mines, industry and trade and science and technology. Mottaki is to visit facilities for production of liquid fuel from coal in the city of Secunda in South Africa's Mpumalanga province, 130 km from the capital Pretoria on Monday. South Africa imported dlrs 2.3 billion worth of goods from Iran in 2005 and exported 130-million-dollar worth of products to Iran. ***************************************************************** 18 IRNA: Majlis to limit IAEA inspections if pressures continues - MP - Tehran, Aug 21, IRNA Iran-Nuclear-Boroujerdi An MP said here Monday that in case of continued pressure and sanctions on Iran, the Islamic Consultative Assembly (Majlis) would limit the activities of the International Atomic Energy Agency (IAEA) in the country including inspections. Alaeddin Boroujerdi, chairman of the National Security and Foreign Policy Commission of Majlis, made the remark while talking to reporters on the sidelines of an open session of Majlis. "If the Europeans take hasty steps and ignore the rights of the Iranian nation, IAEA inspections in accordance with the Non-Proliferation Treaty (NPT) will have no more place," he added. The Supreme National Security Council (SNSC) and its secretary, Ali Larijani, will give its response to the package of incentives offered by the Group 5+1 (tomorrow), the MP added. In case sanctions are imposed on Iran, the SNSC will probably ask the IAEA to remove its surveillance cameras from Iran's nuclear facilities, he said, adding that such a move is under study. On Canadian allegations of Iranian interference in the war in Lebanon, Boroujerdi said that "allegations of the kind are usual from a party that faces defeat in a military operation." He stressed that the Israeli army, acknowledged to be one of most powerful in the world, lost miserably in the war against the Islamic resistance of Lebanon despite all-out US support. ***************************************************************** 19 AFP: Bush asks Chinese leader to help end North Korean nuclear threat Mon Aug 21, 12:25 PM ET WASHINGTON (AFP) - US President George W. Bush " /> said he had pressed Chinese leader Hu Jintao " /> for sustained Sino-US pressure on North Korea " /> 's dictator Kim Jong Il to end his country's nuclear weapons program. At the same time, Bush recommitted himself to six-country talks aimed at defusing the crisis and flatly rejected any easing of US pressure on Pyongyang over what Washington calls a campaign of counterfeiting US dollars. "I talked to Hu Jintao this morning about the six-party talks and about the need for us to continue to work together to send a clear message to the North Korean leader that there is a better choice for him than to continue to develop a nuclear weapon," Bush told reporters. "We talked about how we'll continue to collaborate and work together," the US president said at a hastily arranged press conference. Asked whether US energies might be devoted more to concerns about North Korea's nuclear and missile programs, Bush replied: "Counterfeiting US dollars is an issue that every president ought to be concerned about." "And when you catch people counterfeiting your money, you need to do something about it," said the president. White House national security spokesman Frederick Jones said the two leaders spoke for about 21 minutes and also touched on issues like "ways to further improve US-China economic relations" as well as an upcoming visit to China by US Treasury Secretary Henry Paulson. Bush also "conveyed the sincere condolences of the American people for the loss of life resulting from Typhoon Saomai," which left at least 441 people dead in China. Copyright © 2006 Agence France Presse. All rights reserved. The ***************************************************************** 20 Guardian Unlimited: Bush: Rush Peacekeeping Force to Lebanon From the Associated Press [UP] Monday August 21, 2006 6:01 PM AP Photo WHRE106 By TERENCE HUNT AP White House Correspondent WASHINGTON (AP) - President Bush on Monday called for quick deployment of an international force to help uphold the fragile cease-fire in Lebanon. ``The need is urgent,'' Bush said. At a White House news conference, Bush also conceded that the war in Iraq, with daily bombings and U.S. casualties now standing at more than 2,600 was ``straining the psyche of our country.'' ``Sometimes I'm frustrated. Rarely surprised. Wars are not a time of joy,'' the president said. ``These are challenging times, and difficult times.'' He conceded that the war had become a major issue in this year's midterm congressional elections. Bush opened his news conference - his first full-scale question-and-answer session since July 7 in Chicago - with a statement about humanitarian aid and an international peacekeeping force for southern Lebanon after 34 days of fighting. ``The international community must now designate the leadership of this new international force, give it robust rules of engagement and deploy it as quickly as possible to secure the peace,'' Bush said. A U.N. cease-fire resolution has authorized up to 15,000 U.N. peacekeepers to help an equal number of Lebanese troops extend their authority into south Lebanon as Israel withdraws its soldiers. The U.N. wants 3,500 troops on the ground by next Monday, but so far, no European countries have stepped up with a large contribution of forces. France, which commands the existing U.N. peacekeeping force in Lebanon known as UNIFIL, had been expected to make a significant new contribution that would form the backbone of the expanded force. But President Jacques Chirac disappointed the U.N. and other countries last week by merely doubling France's contingent of 200 troops. ``I would hope that they would put more troops in,'' Bush said of France's commitment. He said the international force would help keep the militant Hezbollah organization from acting as a ``state within a state.'' ``America will do our part,'' Bush said. While the U.S. does not plan to contribute troops, it will provide logistical support, command and control assistance and intelligence. He said it was ``the most effective contribution we can make at this time.'' Bush also said his administration was pledging an additional $230 million to help the Lebanese rebuild their homes and return to their towns and communities. Turning to Iraq, Bush said that if the government there fails, it could turn the country into a ``safe haven for terrorists and extremists'' and give the insurgents revenues from oil sales. ``I hear a lot of talk about civil war. I'm concerned about that, of course, and I've talked to a lot of people about it. And what I've found from my talks are that the Iraqis want a unified country. And that the Iraqi leadership is determined to thwart the efforts of the extremists and the radicals,'' Bush said. Democrats criticized Bush's approach and said he should begin troop withdrawals this year. ``President Bush should have given more thought to the consequences of a failed state in Iraq before he launched his ill-advised invasion almost 3 years ago,'' House Democratic Leader Nancy Pelosi said. ``He did not have a plan for preventing chaos in Iraq when the war started. The mounting death toll in Baghdad and elsewhere in the country is stark evidence that he does not have one today.'' On Iran, Bush said the United States is getting some inkling of Tehran's response to international calls for it to abandon its nuclear ambitions. A U.N. Security Council resolution passed last month called on Tehran to suspend uranium enrichment by Aug. 31 or face the threat of economic and diplomatic sanctions. Asked if he was confident the Security Council would move quickly on sanctions if Iran refuses to comply, Bush said, ``Certainly hope so. In order for the U.N. to be effective, there must be consequences if people thumb their nose at the United Nations Security Council.'' ``Dates are fine, but what really matters is will. And one of the things I will continue to remind our friends and allies is the danger of a nuclear-armed Iran,'' Bush said. Iran said Sunday that it will offer a ``multifaceted response'' Tuesday to a Western package of incentives aimed at persuading Tehran to rein in its nuclear program, but insisted it won't suspend uranium enrichment altogether. Bush said there must be ``more than one voice speaking clearly to the Iranians.'' Iran's supreme leader Ayatollah Ali Khamenei said Monday that Tehran will continue to pursue nuclear technology, despite the U.N. Security Council deadline. ``The Islamic Republic of Iran has made its own decision and in the nuclear case, God willing, with patience and power, will continue its path,'' Khamenei was quoted as saying by state television. Bush also said he was troubled that so many U.S. House and Senate candidates were calling for withdrawal U.S. forces from Iraq. ``There are a lot of good decent people saying `get out now. Vote for me, I'll do everything I can to cut off money...' It's a big mistake. It would be wrong, in my judgment, to leave before the mission is completed in Iraq.'' More than 3,500 Iraqis were killed last month, the highest monthly civilian toll since the war began. The war was a major issue in the Aug. 8 defeat of war supporter Sen. Joe Lieberman in Connecticut's Democratic primary. He was defeated by newcomer Ned Lamont, who has called for a speedy withdrawal of U.S. troops. ``I'm going to stay out of Connecticut,'' Bush said. When a reporter reminded him that he was born in Connecticut, Bush grinned and said, ``Shhhhhh.'' Bush also: - Said he talked Monday morning with Chinese President Hu Jintao about trying to revive six-party negotiations aimed getting North Korea to give up its nuclear ambitions. - Bemoaned high gasoline prices, calling them a tax taking money out of Americans' pockets. He said that's all the more reason to diversify away from foreign oil and fossil fuels in general. -Said the federal government has committed $110 billion to Katrina relief nearly a year after the huge storm hit the Gulf Coast area, and that the money was taking longer to get to those who deserved it in Louisiana than in Mississippi. -Said he believes that a morning-after pill, known as Plan B, ought to require a prescription for minors. Anti-abortion groups want Bush to withdraw Dr. Andrew von Eschenbach, his nominee to head the Food and Drug Administration, because they think he will approve over-the-counter sales of the morning-after pill. Democrats, meanwhile, are upset that the FDA has long delayed settling the 3-year-old debate over whether at least some women could buy the emergency contraceptive without a doctor's note. Guardian Unlimited © Guardian Newspapers Limited 2006 ***************************************************************** 21 Judicial Watch: Judge Saves Corrupt Govt. Contractor www.judicialwatch.org Former Alabama Governor Denied Acquittal in Corruption Case August 21, 2006 A federal judge's decision to overturn a jury verdict against a military contractor that defrauded the U.S. Government out of millions of dollars is enraging, especially since the judge acknowledged ample evidence that the contractor submitted false and fraudulently inflated invoices. The Fairfax Virginia-based military contractor, Custer Battles, had been ordered by a jury to pay $10 million for defrauding the U.S. Government during the course of a multi million-dollar Iraq contract, marking the first civil-fraud verdict arising from the war. Using federal whistleblower laws, a former Custer Battles employee provided evidence that the company used false invoices to vastly overstate its expenses and the company was found guilty of violating the False Claim Act, the single most important tool U.S. taxpayers have to recover the billions of dollars stolen through fraud by government contractors each year. But U.S. District Judge T.S. Ellis overturned the verdict, claiming in a 23-page decisionthat the government entity--Coalition Provisional Authority--that contracted Custer Battles does not qualify as the U.S. Government and therefore the False Claim Act does not apply. The now defunct Coalition Provisional Authority(CPA) was formed by the U.S. Government after the 2003 invasion to run Iraq until a government was established. Although it was controlled and funded by the U.S., the judge said it did not qualify as an "instrumentality" of the U.S. Government. Evidently, a lawsuit under the False Claims Act requires proof that the defendant presented false claims against the U.S. Treasury. In this case, U.S. Government officials as well as military officials controlled and distributed CPA funds and therefore fraud against the CPA is tantamount to fraudagainst the U.S. Government. This case is one of many to emerge from the $21 billion Iraq reconstruction effort as complaints of fraud and corruption continue to emerge. The office of the special inspector general for Iraq Reconstruction has referred more than 20 criminal cases to the Department of Justice for prosecution. Posted by at August 21, 2006 12:43 PM ***************************************************************** 22 AFP: US makes missile data secret again Mon Aug 21, 8:40 AM ET WASHINGTON (AFP) - The administration of US President George W. Bush " /> President George W. Bushhas reportedly begun reclassifying information about the numbers of US strategic weapons during the Cold War, even though it had been once provided to the Soviet Union. Citing a new report by the National Security Archive, the Washington Post said the Pentagon " /> Pentagonand the Department of Energy " /> Department of Energyare again treating as secret information about Minuteman, Titan II and other missiles, blacking out the information on previously public documents. "It would be difficult to find more dramatic examples of unjustifiable secrecy than these decisions to classify the numbers of US strategic weapons," the paper quoted William Burr, a senior analyst at the archive as saying. The Post said the report comes at a time when the Bush administration's penchant for government secrecy has troubled researchers and bred controversy over agency efforts to withhold even seemingly innocuous information. Major Patrick Ryder, a Pentagon spokesman, is quoted in the report as saying that "the Department of Defense " /> Department of Defensetakes the responsibility of classifying information seriously." "This includes classifying information at the lowest level possible," Ryder said. Bryan Wilkes, a spokesman for the National Nuclear Security Administration, a division of the Energy Department, said his agency focused on scrubbing declassified documents for sensitive US nuclear weapons information that, in the wrong hands, could be used to harm Americans, The Post said. Copyright © 2006 Agence France Presse. All rights reserved. The ***************************************************************** 23 UPI: U.S. makes 1971 missile data classified United Press International - NewsTrack - 8/21/2006 10:24:00 AM -0400 WASHINGTON, Aug. 21 (UPI) -- Once-public documents on U.S. missile defenses in the 1970s have been ordered sealed from view by the Bush administration, The Washington Post reports. The newspaper said an open House Armed Services Committee heard in March 1971 the United States had 30 strategic bomber squadrons, 54 Titan intercontinental ballistic missiles and 1,000 Minuteman missiles, But those numbers are redacted in a copy of the chart obtained by the National Security Archive's researchers in January, archives officials said. "It's yet another example of silly secrecy," said Thomas Blanton, the archive's director. However, Bryan Wilkes, a spokesman for the National Nuclear Security Administration, defended the reclassification. "There's no question that current classified nuclear weapons data was out there that we had to take back," Wilkes said. "And in today's environment, where there is a great deal of concern about rogue nations or terrorist groups getting access to nuclear weapons, this makes a lot of sense." © Copyright 2006 United Press International, Inc. All Rights Reserved ***************************************************************** 24 UPI: UPI Energy Watch United Press International - Energy - 8/21/2006 2:07:00 PM -0400 By ANDREA R. MIHAILESCU UPI Energy Correspondent WASHINGTON, Aug. 21 (UPI) -- Ankara moves on nuclear power initiative The Turkish government is starting to look to nuclear power as an alternative source of energy as the country's demand for energy grows, and is the process of getting approval from the International Atomic Energy Agency. Mohamed ElBaradei, IAEA head, was in Istanbul recently and said in a statement that he gives his green light to Turkey's application. Building a plant in Turkey could take at least five to seven years before becoming operational, but Turkey's electric energy supply is in immediate need and cannot afford to wait, Turkish officials say. The Energy and Natural Resources Ministry plans to encourage investments from the Turkish private sector to encourage investors to invest in new power plants to meet the rising demand, presumably on a build-and-operate basis. But Turkey expects to face power shortages by 2012, if not earlier, officials said. Experts say a nuclear power plant of 100 megawatts has a capacity to meet only 5 percent of Turkey's electric energy needs. With ongoing shortages in electric power supply even at the moment, and the country rapidly industrializing, Turkey hopes to diversify its electric supply sources. Energy and Natural Resources Minister Hilmi Guler has already invited 13 prominent Turkish private sector company CEOs to solicit their opinions on how to build this first nuclear plant with foreign partner collaboration. -0- Pakistan eyes private investment in nuclear sector Islamabad said it plans to offer additional incentives to foreign investors willing to participate in setting up nuclear power plants in the proposed "Designated Nuclear Power Parks" under International Atomic Energy Agency safeguards. Local media reported the Private Power and Infrastructure Board is working out fiscal and non-fiscal incentives to attract foreign investment as the country seeks to diversify its energy consumption. The government said it would provide enhanced facilities and tax concessions to the foreign investors interested in setting up private nuclear power plants in Pakistan. Pakistan is assuring the international community that its nuclear power sector would meet IAEA safeguards to address "proliferation concerns" of the United States and other western countries. But some experts remain skeptical that attracting considerable foreign investment in the nuclear power parks would prove difficult owing to opposition by the United States. Pakistan's gas reserves are dwindling and rising oil prices demand that the government reduce the heavy dependence on natural gas for industry, power generation and commercial and household use. Its natural gas reserves may begin declining by 2010 and the government is looking for a plan to meet the situation. -0- Tehran to export gas to Europe via Turkey Iranian said it wants to export natural gas to Europe via neighboring Turkey. Kazem Vaziri-Hamaneh, Iranian oil minister, said last week the two sides will continue to hold talks to assess options on how best to make this possible. "During this visit, Iran's gas export projects through Turkey were clarified and will soon be finalized," local media reports quoted him as saying Friday. "It was planned to increase the capacity of Iran's pipeline, which is connected to the Turkish pipeline, and export gas to Europe jointly with Turkey." Neither side mentioned when exports would begin. Turkey buys Iranian gas, which is carried through a pipeline from the northwestern city of Tabriz to Ankara. "There are three options to export gas from Iran to Europe via Turkey, of which, Nabucco Project (Turkey-Austria) and the existing pipe are still on the agenda," Vaziri-Hamaneh said. Iran anticipates that some 90 of Nabucco's available capacity will be assigned for its gas. -- Closing oil prices, Aug. 21, 3 p.m. London Brent crude oil: $72.30 West Texas Intermediate crude oil: $70.90 © Copyright 2006 United Press International, Inc. All Rights Reserved ***************************************************************** 25 Guardian Unlimited: Power and the people Iran says it wants nuclear energy to fuel its economy. The US says it wants to build an 'Islamic bomb'. But what do Iranians think about the deepening crisis? Given rare access, Simon Tisdall spoke to people on the streets of Tehran - and to the men in charge of the country's nuclear programme Monday August 21, 2006 [The Iranian president, Mahmoud Ahmadinejad, at a press conference in Shanghai. Photograph: Elizabeth Dalziel/AP] The Iranian president, Mahmoud Ahmadinejad, at a press conference in Shanghai. Photograph: Elizabeth Dalziel/AP Tensions between Iran and the west have rarely been greater than they are today. On the one side, President George Bush has accused Iran of being behind the attack by Hizbullah on Israel that sparked the Lebanon war; and both the US and Britain say that Iran is bent on developing nuclear weapons. On the other, Iran's President Mahmoud Ahmadinejad has claimed that the Bush administration is trampling on the rights of Muslims throughout the world; the US is the "Global Arrogance" (the term which has replaced the "Great Satan" in the Iranian lexicon) in which Washington's plan for a "new Middle East" is simply a scheme to subjugate the region to US and commercial interests. Article continues Just last week, an article by Seymour Hersh, the respected US investigative reporter, which claimed that the war against Iran's proxy Hizbullah was a premeditated US-directed warm-up for an attack on Iran itself, stoked fears in Tehran that a US air assault on its nuclear facilities, even regime change, are moving to the top of the agenda. Officials in Tehran worry that, after Afghanistan and Iraq, Iran is seen by Bush as "unfinished business" - and that, urged on by Israel, he is determined to destroy what both countries see as the looming threat of an "Islamic bomb". They hear Bush's talk of "Islamic fascists" - and wonder whether he will soon be gunning for them. There is a way out. Tomorrow the Iranian government will present its long-awaited response to the west's last-ditch compromise offer on nuclear power. This package, belatedly backed by the US, offers Iran a range of incentives from implicit security, territorial guarantees and an end to sanctions, to new commercial and technological collaborations. But first, Bush insists, Iran must suspend all uranium enrichment operations, which Washington believes are connected to its attempts to acquire bomb-making capability. So far, Iran has insisted that it will not accept any such pre-conditions. Officials say they are willing to resume negotiations with the west - but on equal terms. So when Ahmadinejad delivers Iran's formal reply at a Tehran press conference, the stage will be set for an epic clash that could reverberate across the Middle East and far beyond. So far, the story has mostly been reported from the outside, and from a western perspective. But what are the prospects for war and peace as seen from inside Iran? For the past two weeks the Guardian has been given unprecedented access to explore what ordinary Iranians think about the most pressing issue facing their country - and what some of the country's most powerful men believe will happen next. 'Diplomatic chess' In a high-ceilinged, thick-carpeted inner sanctum of Iran's fortress-like Supreme National Security Council building in central Tehran, Ali Larijani patiently spells out the factors that will play a part in Iran's decision. The CIA would dearly love to penetrate inside these walls. Perhaps it already has; visitors' mobile phones and other electronic devices are confiscated. Larijani is an important man in Iran. As secretary of the security council and chief nuclear negotiator, it is he, and his predecessor, Hassan Rowhani, who have by turns tantalised, teased and infuriated the west during three years of discussions on the nuclear dossier. Iran plays a long and astute negotiating game, which Larijani likens to "diplomatic chess". Officials say they learned at the feet of masters: the European powers who exploited Persia during the 19th century "Great Game". Britain is still referred to as the "Old Fox". Larijani has a daunting reputation as the dour former head of state television whose programme schedules were both morally edifying and utterly tedious. His appointment by Ahmadinejad was seen in the west as representing an ominous shift towards recalcitrance. But in person he is charming and courteous. "There are many reasons why Iran is seeking nuclear power," he says. "The history of our nuclear activity dates back 45 years to the time of the ex-shah's regime. But after the Islamic revolution, some western countries condemned Iran and cancelled their nuclear agreements with us. For example, the Americans had concluded an agreement for a research reactor in Tehran and also to provide the fuel. But they cancelled the agreement and did not give back the money. The Germans did the same. So the lesson was: we have to be self-sufficient, to provide fuel for ourselves." He continues: "We don't see why we should stop the scientific research of our country. We understand why this is very sensitive. But they (the west) are categorising countries. Some countries can have access to high nuclear technology. The others are told they can produce fruit juice and pears! They say: 'Don't seek a nuclear bomb.' We don't have any objection to that. But unfortunately officials of some countries such as the UK say, 'We don't want you to have the knowledge for nuclear technology'. This is not logical. And we don't pay attention to this." The Americans' contradictory impulses are to blame for the standoff, he says. "After September 11 2001, they faced a problem in Afghanistan. They requested assistance from Iran and we gave it. But after the problem ended in Afghanistan, they called us the 'axis of evil'. This paradox has always been their way. They want to kiss one side of our face, but at the same time they also want to slap the other side." Iran is still willing to negotiate, Larijani concludes, but it will not give up its nuclear power programme. Nor will it yield to preconditions such as Bush's demand for an immediate suspension of uranium enrichment. "If they are going to seek an imposed agreement by putting pressure on us, we will not accept it. If the atmosphere is not proper, we may delay our reply. If you try to cultivate a flower in salty land, it does not grow." For Larijani, the bottom line is respect. And the evident lack of it in Washington, magnified by loose talk of enforced regime change, is one of many reasons why Iran is going nuclear. A changing society Tehran is a city of elegant parks. And none is more serene than Saee Park, off Vali Asr Avenue, one of the capital's main thoroughfares. Known as the "lovers' park", it is where young and not-so-young couples sit at dusk beneath a canopy of fragrant chinar, cypress and pine trees, exchanging gossip and intimacies, sharing ice creams and swapping phone numbers. According to Reza, 27, and his girlfriend, things are more easy-going socially than they were 10 years ago. They attribute the change to the presidency of Mohammad Khatami, Ahmadinejad's reformist predecessor. Despite Ahmadinejad's conservative instincts, the new government has been unable to put the street culture genie back in the bottle, Reza says. "There's more personal freedom. You don't get harassed like you used to. The young people are changing the older people's attitude. They have to accept it - they have no choice, so they go with the flow." And in a country of 70m, where two-thirds of the population is under 30, the trend appears irreversible. The present hardline government is not popular among many inhabitants of Saee Park. They complain about its failure to expand and diversify an economy that is roughly 80% state-controlled. Younger people worry about careers and jobs, about the difficulties of foreign travel and internet censorship, about the lack of things to do and places to meet. Leila, 27, says she would like to go to parties, to clubs; she would like to sing. "But they won't allow female singers, did you know that? Female vocalists are banned. They say they are too alluring to men. Poor men! They have weak brains!" Yussuf, 63, has a different perspective. "I was a metallurgist until I retired. I trained in the US during the Shah's time. I worked all my life. But now I have to take part-time jobs because my pension isn't enough. This government is no good, they're all no good." Yussuf has another complaint: the government is sending money to Hizbullah in Lebanon that would be better spent at home, he says. "First you must look after your own people." His friend, Ali, agrees. He wants to know into whose pockets Iran's record oil revenue is going. "Some of them [the governing elite] are buying cars for $100,000. Think of that! Did they get that money by working?" All the same, Ahmadinejad's personal brand of nationalist populism, typified by his defiant handling of the nuclear issue, has many admirers in Saee Park and beyond. "Why don't they just leave us alone and let us live under our own rules?" asks a 32-year-old engineer. "Iran has the right to nuclear power," chanted a crowd in Ardabil, in northern Iran, last week. During a series of nine rallies addressed by Ahmadinejad, the sentiments expressed by ordinary people are the same. Western attempts to deny Iran nuclear technology are "an obvious attempt to keep us down, like they want to keep all the developing countries down," says Majid, a 30-year-old teacher in Tehran. "We don't want nuclear weapons. But we want to build our country. What's wrong with that?" Iranians may be cut off from the modern western world in many ways, but they are well versed in the long history of western intervention in Persia. From the Treaty of Golestan in 1813, by which Russia took control of Iran's Caucasus territories, to the 1953 CIA-led coup that toppled Iran's democratically elected prime minister, Mohammad Mosaddeq, from the US embassy hostage siege to the Iran-Contra scandal, a tale of national subjugation and degradation forms the context in which Iran looks at the west. And Iranians hear, in derogatory western talk of "mad mullahs", an echo of a 19th-century British diplomat's sneering reference to "incomprehensible orientals". It smacks of disrespect. And now, with Washington's neo-conservatives on one side and Ahmadinejad's neo-conservatives on the other, this mutual antagonism and misunderstanding is coming to a head. In some analyses, it has brought the two countries to the brink of military conflict. If the US attacks, experts say it is likely to take the form of "precision strikes" on the four main nuclear facilities and possibly Iranian armed forces and Revolutionary Guard bases, too. But Pentagon planners know Iran has the potential to retaliate, as the unexpected success of Hizbullah in Lebanon has shown. This week the US ambassador to Iraq highlighted what he said were Iranian attempts to push Shia militants into attacks on coalition forces in Iraq. And Baghdad is only one possible theatre for Iranian reprisals should the US pull the trigger. Mohammad Saeidi is a practical man. Sidestepping the political, ideological and historical aspects of the nuclear dispute with the west, the vice-president of Iran's Atomic Energy Organisation is focused on a set of problems that must be solved logically if the country and its people are to develop to their full potential. "The country's oil and gas reserves will last a maximum of another 25 or 30 years," he says. "Therefore we have to provide other resources." About 7,000 people work in Iran's atomic establishment - principally in Tehran and at the Bushehr, Arak, Isfahan and Natanz complexes. Saeidi says there are plans to build 20 nuclear power stations in all, at a cost of $24-$25bn. The first, at Bushehr, built with Russian help, is expected to come on stream next year. Saeidi says that in going nuclear Iran is only following the example of other countries with growing populations and rising energy demand. Nuclear power is cheaper, and its raw component, naturally occurring uranium, is in plentiful supply in Iran's central deserts. It is the cascade of 164 centrifuges constructed at Natanz that has drawn most international attention since Ahmadinejad announced last April that Iran had mastered the processes for uranium enrichment. It was Natanz that finally prompted the US to join with European negotiators in offering the compromise incentives package that is now on the table. But like Larijani, Saeidi stresses the research stage nature of this work - and the ongoing inspections of Natanz and other plants by the International Atomic Energy Agency. To try to divert nuclear material for bomb-making purposes without the UN knowing would be "impossible", he says, and if a deal is struck, Tehran would be ready to reintroduce spot checks. But, in any case, bomb-making is not Iran's aim, Saeidi says - even if it had the capacity, which it does not. Overall, independent experts tend to agree that, at present, Iran does not have the wherewithal to build a nuclear weapon. But that does not mean it will not in future. Saeidi denies that Iran kept its facilities at Natanz secret, as claimed in 2003 by the Bush administration. He says there was no legal necessity to notify the IAEA before nuclear material had entered the plant. "Natanz is a very large factory. You cannot hide it. It wasn't secret." He also denies receiving help from Pakistan, now or in the past, despite a spate of disclosures concerning the proliferation network run by the Pakistani scientist, AQ Khan. "We don't have any relation to Pakistan on the nuclear issue. All the equipment and components we are using are made by Iranian companies and factories." Needless to say, such statements are disputed by the US and other western governments who suspect that Iran may be running a hidden, parallel uranium enrichment programme using more advanced centrifuges. They worry it is also experimenting with plutonium reprocessing. But all such claims are met with a flat denial. "We don't have any secret programme. We don't have any secrets," Saeidi says. Iran does not want the bomb, he and other officials insist; and it has no plans to build one. What it does want is a plentiful future supply of nuclear energy to fuel the rise of a new, more powerful nation - and in this ambition, it will brook no obstacles. Ahmadinejad's vision The man who could make all the difference is Ahmadinejad himself. He insists that Iran's intentions were not to make a bomb - "Iranians have mastered the complete cycle of uranium enrichment by themselves. But we will use it for peaceful purposes, for nuclear power. This is our right and no one can take this right away from us." But the man best known in the west for his desire to "wipe Israel off the map" and his questioning of the Holocaust, this blacksmith's son who rose to be mayor of Tehran before unexpectedly winning the presidency a year ago this month, is a controversial figure inside Iran, too. Many people, largely among the working class and in rural areas, adore him. Others, particularly among the intellectual elite of Tehran, fear his devout Islamic beliefs and his conservative political instincts will further isolate the country. For Iran's president is a true believer. He maintains that the 1979 revolution that overthrew the shah was besmirched and betrayed after the death of its leader, Ayatollah Ruhollah Khomeini, by pragmatists and corrupt mercantilists, by pro-western compromisers and reformists. Ahmadinejad's famously humble lifestyle, emphasised by his rumpled jackets and unkempt beard, offers but one clue to the fundamentalist spirit that moves him. Tehranis say his vision is a return to the ideals of 1979, including a reinvigorated social conservatism, a revived popular piety, and a principled rejection of the Christian and Zionist "crusader" west. Many political moderates, western diplomats and ordinary citizens say Ahmadinejad's vision is to turn the clock back to a more honest and more dutiful time. And what better way to demonstrate the uplifting virtues and potency of this religious retrenchment than defiance of the west over the nuclear issue? Here is a golden opportunity to re-affirm Iran's compromised independence and dignity - and restore both the international respect and the religious values that Ahjmadinejad believes the revolution has squandered since 1989. This is Ahmadinejad's chance. It may be naive to believe that Iran's government, surrounded by nuclear-armed neighbours and directly threatened by the US, is not seeking to acquire a nuclear weapons capability. "The Americans have been seeking regime change in Iran ever since the victory of the revolution," say Larijani. Given such widespread convictions, and the example of several other countries that have built atomic weapons without facing serious penalties, Iran's leaders might be thought remiss in not seeking to arm themselves. But more naive, perhaps, and potentially even more destabilising, is Ahmadinejad's apparent belief that by confronting the west over the nuclear issue, he can revive the purist, Khomeini-era ideal of fundamentalist Islamic revolution in a country that is changing rapidly. Most Iranians support the government's pursuit of nuclear power. But most oppose the intolerant theocracy that is Khomeini's legacy. In his brilliant new book, Confronting Iran, Ali Ansari portrays the growing "secularisation" of Iranian society as an unstoppable force. "Fewer and fewer people show an interest in organised religion," he writes. And in Tehran the evidence of that is everywhere. Iran is a rich country, poorly run. Slowly but surely its people are demanding and obtaining change. Iran does seem destined once again to be a great regional power, but that destiny is likely to be attained despite its religious leadership - and despite the Bush administration's counter-productive bullying. Ahmadinejad, the articulate champion of Iran's national rights, is a potent figure. But Ahmadinejad, the would-be visionary leader of a resurgent revolution awaiting the coming of the Hidden Imam, is living a dangerous illusion. And it is Iranians, not the US air force, who should be allowed to shatter his dream. [UP] Guardian Unlimited © Guardian Newspapers Limited 2006 ***************************************************************** 26 RIA Novosti: Ex-minister graft case may be returned for further investigation 21/ 08/ 2006 MOSCOW, August 21 (RIA Novosti) - The Moscow City Court may send the graft case of a former nuclear energy minister, Yevgeny Adamov, back for further investigation, a court spokeswoman said Monday. Adamov, 67, spent 15 months in Swiss custody after being arrested at the request of the United States on charges of embezzling $9 million and abuse of office. He was extradited to Russia in early 2006, held in prison for six months, and released July 21 to await trial. "During preliminary hearings, the judge mentioned returning the case to prosecutors to correct errors made during the investigation," Anna Usacheva said. The court has now recessed for consultations to decide whether or not to return the case to prosecutors, who said the judge's motion was unfounded. "Adamov said in court that the case does not have to be returned, and must be addressed in its essence," Prosecutor Viktor Antipov said. Adamov's lawyer, Genri Reznik, said the charges had to be specified. "The defense would itself have requested the return of the case to prosecutors," Reznik said. As to Adamov's comments, Reznik said his client "was being ironical," and added that Adamov said nothing about his objection to returning the case to prosecutors. The court is expected to decide the matter Tuesday. "By law, prosecutors have five days to resolve any procedural inconsistencies," Reznik said. Adamov himself declined to comment. "There exists a certain ethic standard," he said. The U.S. accused Adamov of misappropriating $9 million given to Russia for nuclear safety projects. He would have faced 60 years in prison if convicted in the U.S. Prosecutors said the former minister, who served from 1998 to 2001, was the leader of an organized criminal group whose members were on an international wanted list, and that he should be remanded in custody to prevent him from influencing witnesses. © 2005 RIA Novosti ***************************************************************** 27 IRNA: Afghan envoy: Afghanistan attaches importance to expansion of ties with Iran Tehran, Aug 20, IRNA Iran-Afghanistan-Relations Afghan Ambassador to Tehran Mohammad Omar Davoudi here Sunday conferred with Majlis deputy Mohammad Jafar Sadat Mousavi on issues of mutual interests. At the meeting, the Afghan ambassador said expansion of mutual ties would lead to restoration of peace and security in the region. He said the two sides' political leaders are determined to broaden ties between the two countries. Afghan officials attach great importance to expansion of all-out ties with Tehran, he said, adding that they welcome Iran's contribution to reconstruction of the war-shattered country. The Iranian MP, for his part, highlighted the two sides cultural, religious and historical commonalties and said there is ample untapped grounds for expansion of mutual cooperation mainly in economic sector, he underlined. Underlining the need for expansion of political, economic and parliamentary relations between Iran and Afghanistan, he underlined the key role of parliaments in this regard and called for establishment of Iran-Afghanistan Parliamentary Friendship Group. ***************************************************************** 28 [KOPNListeners] GNEP, Bush Plan for Plutonium Economy/Article & Radio Show Date: Tue, 22 Aug 2006 01:11:33 -0500 (CDT) X-Sender-Host-Name: chumbly.math.missouri.edu X-Spam-Class: HAM-VERY Hello friends, Many of us are deeply concerned about attempts to revive the moribund nuclear power industry in the U.S. and around the world. While nuclear power, in its current incarnation (light water reactors and a once-through fuel cycle) presents daunting safety, waste, security, proliferation and cost problems, all of these are exacerbated dramatically if the world was to move down a path now being proposed by the Bush administration. The so-called Global Nuclear Energy Partnership is a plan to create a Plutonium Economy by developing and deploying very dangerous and extremely expensive new technologies. It is incumbent upon all of us to learn more about the proposed GNEP before more of our tax dollars are appropriated and this initiative actually develops momentum. Tuesday evening (6-7 p.m.) I will be having Dr. Thomas Cochran Director of the Natural Resources Defense Council's Nuclear Program as my guest on Evening Edition, my weekly show on KOPN (89.5 FM). I invite you to tune in, and, if you have questions or comments, to call in. Those of you who are not free to tune in on Tuesday evening when the show airs, will be able to listen to it after the fact on your computers. Just go to http://kopn.publicbroadcasting.net/archive.html scroll down to Evening Edition and click on the show. Usually to show is put up on the website by the day after it airs. Below is the Summary of a report entitled "PEDDLING PLUTONIUM: Nuclear Energy Plan Would Make the World More Dangerous" co-authored by my guest, Dr. Thomas Cochran, and Christopher Paine. The full report can be read on-line at: http://www.nrdc.org/nuclear/gnep/agnep.pdf I hope you will take the time to learn more about the GNEP and make your voice heard. I also hope you will join Missourians for Safe Energy and others around the nation in taking action to oppose current efforts to build new light water reactors. This is a very retrograde step in the direction of an extremely dangerous, plutonium-fueled future. All the best, Mark Haim PEDDLING PLUTONIUM: Nuclear Energy Plan Would Make the World More Dangerous Summary President Bushs Global Nuclear Energy Partnership (GNEP) plan is certainly bold. But boldness should never be mistaken for wisdom, or even as evidence of rationality. The president wants U.S. taxpayers to foot a $100 billion plus bill to develop, over the course of the next several decades, a global nuclear enterprise to extract plutonium and uranium from spent fuel and recycle it as fresh fuel, first in current light-water reactors, and then later in a new generation of liquid-metal cooled fast burner reactors. The arguments against this plan can be summarized as follows. ?? GNEP is an extravagant, unaffordable excursion into nuclear state-socialism on a global scale. Implementing just the initial demonstration phase of the GNEP will cost taxpayers $30 billion to $40 billion over the next 15 years without generating a single kilowatt of commercially available electric power. Funding requests for plutonium recycle related programs total more than $1 billion dollars in fiscal year 2007. The entire scheme represents a bizarre departure for a president and party professing abhorrence of excessive federal spending and reverence for the workings of the free market. ?? Spent-fuel reprocessing and plutonium-fueled fast reactors are well-proven commercial disasters. The United States, Europe and Japan spent tens of billions of dollars in the 1970s and 1980s trying to develop plutonium fast breeder reactors (like the proposed GNEP advanced burner reactors, but with uranium blankets added to breed more plutonium than is consumed in the reactor). These fast reactors proved to be uneconomical, highly unreliable, and prone to fires due to leaking liquid sodium coolant, which burns spontaneously when it comes in contact with air or water. ?? There is no technical silver bullet available that will appreciably diminish the risks of widespread plutonium use in the civil sector. Contrary to the assertions of GNEP proponents, the proposed nuclear fuel cycle will increase the proliferation risks relative to the fuel cycle used in the United States, in which the spent fuel is never reprocessed and the plutonium is never re-used commercially. GNEP proponents maintain that a new reprocessing technique, called UREX-plus, offers increased proliferation resistance However, the technique produces a mixture of plutonium and minor transuranic elements with a total radiation dose-rate far below the International Atomic Energy Agencys (IAEA) threshold for self-protection (i.e. a level of radioactivity making even short exposures to the material very hazardous to human health). Moreover, the critical mass of the UREX-plus mixed product is intermediate between weapon-grade plutonium and highly-enriched uranium, and therefore can be used in nuclear weapons. ?? Current international safeguards cannot monitor and measure the flow of nuclear material in reprocessing and enrichment plants with the continuity and accuracy required to promptly detect diversion from peaceful uses. Current techniques applied to these nuclear bulk-handling facilities are insufficient to meet the IAEAs standard for timely warning of a lost, stolen or diverted bomb-quantity of nuclear material. Moreover, the IAEAs thresholds for defining such significant quantities are four to eight times higher than the technically correct minimum values, suggesting that it is virtually impossible for the agency to determine that nuclear material is missing from such a facility within the time period required to convert it into a weapon. ?? By rashly launching the GNEP, President Bush is jumping the gun by a century or more. Given the inherent complexities, massive costs, environmental hazards, and security risks involved in plutonium recycling, programs like GNEP should be attempted only when, and if, there is an overwhelming economic and urgent climate-change case for doing so. That is not the case today, when alternative nuclear and new alternative energy technologies are available at dramatically lower cost. Given the rapid technical and economic progress of renewable energy technologies, distributed cogeneration and biofuels, and continuing improvements in the efficiency and cost of uranium enrichment services for conventional nuclear fuels, the sun may never rise on the plutonium economy. In sum, an energy technology that creates millions of gallons of highly radioactive mixed wastes requiring expensive treatment and disposal, can hardly be called clean. A plutonium fuel-cycle plagued by radiation leaks, sodium fires, and periodic alarms about missing plutonium in its material balance accounts, can hardly be called safe. And a global partnership that further develops, disseminates, and trains tens of thousands of people in the complex chemical techniques for separating long-lived weaponusable materials, like plutonium, from self-protecting, intensely radioactive fission byproducts such as cesium and strontium, can hardly be called proliferation-resistant. No doubt, the plutonium lobby will persist in ignoring these risks and proffering its relentless forecasts of a golden era of technological progress and declining costs, somewhere just over the rainbow. This kind of salesmanship has been going on for more than 50 years. The plutonium pork barrel is back again, but its more cosmopolitan this time around. French, Russian and Japanese government agencies and corporations (in the state-socialist plutonium economy, bureaucrats and businessmen are often one and the same) are now part of the mix. And if news reports are to be believed, President Bush has just promised Indian officials that they, too, can join the GNEP, soaking up whatever the partnership has to offer in the way of novel reprocessing and fast-reactor technology, so they can put it to good use in their parallel civil and military breeder-reactor programs. One can only hope that most members of Congress will have the good sense to stay out of the barrel this time around. For those who dont, just remember, this pork barrel is packed with funny numbers and phony technical promises, making the political footing a bit slippery. Legislators could wind up wasting billions of taxpayer dollars in the likely event the GNEP scheme proves infeasible, but even more money should the scheme succeed in becoming the massive, money-losing government enterprise that peddling plutonium on a global scale requires. Mark Haim 1402 Richardson St. Columbia, MO 65201 573-442-2360 [Non-text portions of this message have been removed] ***************************************************************** 29 NRC: NRC Issues Safety Evaluation Report with Open Items for Oyster Creek License Renewal Application News Release - Region I - 2006-04 U.S. NUCLEAR REGULATORY COMMISSION Office of Public Affairs, Region I 475 Allendale Road, King of Prussia, Pa. 19406 No. I-06-047 August 21, 2006 CONTACT: Diane Screnci (610) 337-5330 Neil A. Sheehan (610) 337-5331 E-mail: opa1@nrc.gov The Nuclear Regulatory Commission staff has issued its Safety Evaluation Report with Open Items for the proposed renewal of the operating license for the Oyster Creek nuclear power plant. In the report, the staff concludes there are no safety concerns that would preclude renewal of the license, provided the open items are resolved. AmerGen Energy Co., LLC, submitted an application to the NRC in July 2005 to extend the Oyster Creek license by 20 years. The plant, which is located in Lacey Township (Ocean County), N.J., is operated by AmerGen. Its current 40-year operating license is scheduled to expire on April 19, 2009. Publication of the Safety Evaluation Report with Open Items is another milestone in the NRCs review of the application. In a letter dated Aug. 18, Frank P. Gillespie, Director of the Office of Nuclear Reactor Regulations Division of License Renewal, provided AmerGen with the report and requested responses to the Open Items identified in the document by Oct. 20. All of the Open Items deal with corrosion issues involving the plants drywell. The drywell is a steel shell shaped like an inverted lightbulb that surrounds the reactor vessel. It is designed to confine steam that would be released during a severe accident and direct it downwards to a suppression pool, where it would be cooled and condensed into water. In some cases, the NRC staff is seeking additional information regarding the companys efforts to mitigate corrosion on the drywell. In others, it is asking that specific steps be taken to confirm the thickness and integrity of the component. A complete and revised Safety Evaluation Report will be issued by Dec. 1. The report and the license renewal application have also been provided to the NRCs Advisory Committee on Reactor Safeguards (ACRS), an independent body of experts that advises the NRC on reactor safety matters. An ACRS subcommittee is expected to discuss the Safety Evaluation Report with Open Items during a meeting in October. The meeting, which will take place at NRC Headquarters in Rockville, Md., will be open to the public and will be announced on the agencys web site at http://www.nrc.gov/public-involve/public-meetings/index.cfm. The full ACRS will later issue a report discussing the results of its review. A copy of the Safety Evaluation Report with Open Items is available in the NRCs Agencywide Documents Access and Management Systems (ADAMS) under accession number ML062300330. ADAMS is accessible via the agencys web site at: http://www.nrc.gov/reading-rm/adams.html. Help in using ADAMS is available by contacting the NRCs Public Document Room at 1-800-397-4209 or 301-415-4737, or by e-mail at PDR@NRC.GOV. Additional information concerning license renewal in general and the Oyster Creek application in particular can be found at: http://www.nrc.gov/reactors/operating/licensing/renewal.html. Last revised Monday, August 21, 2006 ***************************************************************** 30 NRC: NRC Advisory Committee on Reactor Safeguards to Meet Sept. 7-9 in Rockville, Maryland News Release - 2006-10 U.S. NUCLEAR REGULATORY COMMISSION Office of Public Affairs Telephone: 301/415-8200 Washington, DC 20555-0001 E-mail: No. 06-103 August 21, 2006 The Nuclear Regulatory Commissions Advisory Committee on Reactor Safeguards (ACRS) will hold a public meeting Sept. 7-9 in Rockville, Md., to discuss, among other items, the final review of the license renewal application for the Monticello Nuclear Generating Plant, in Minnesota. The committee will also be briefed by the staff on lessons learned from reviews of the early site permit applications for Grand Gulf, North Anna and Clinton sites. The meeting will be held in Room T-2B3 of the agencys Two White Flint North building, at 11545 Rockville Pike. It will begin at 8:30 a.m. each day and end at 7 p.m. on Thursday and Friday and 1 p.m. on Saturday. Portions of the meeting will be closed for a discussion on safeguards and security matters. A complete agenda will be available on the NRCs Web site at: http://www.nrc.gov/reading-rm/doc-collections/acrs/agenda/2006/. Anyone with questions or those wishing to make public statements during the meeting should contact Sam Duraiswamy at 301-415-7364. To pursue videoconferencing services, contact Theron Brown, at 301-415-8066. The ACRS advises the Commission on licensing and operation of nuclear power plants and related safety issues. Last revised Monday, August 21, 2006 ***************************************************************** 31 Guardian Unlimited: Sell-off of nuclear plants faces delay Terry Macalister Tuesday August 22, 2006 The Guardian The government plans to fast-track its sale of a multibillion-pound stake in British Energy, with a road show for potential investors ready to start next month. But hopes for an early sell-off of British Nuclear Group are likely to be dashed today when the board of its parent group agrees to delay privatisation by up to a year. Merrill Lynch, book runner for the BE offering, is understood to be finalising details of the share sale, which will see around half of the government's 65% holding sold off. The remaining shares are already listed on the London Stock Exchange since the government was forced to step in with loans two years ago after the power provider was hit by plunging wholesale prices. BE is financially sound since its restructuring but missed out on around £100m of profits in the first quarter of the latest financial year because of unexpected losses in electricity output. The share price has fallen sharply in reaction but has doubled since the restructuring on the back of strong power prices. The government wants to take advantage and is expected to sell around half of its stake in BE to raise over £3bn. Meanwhile the board of British Nuclear Fuels Ltd (BNFL) is to meet today in reaction to mounting pressure from the Nuclear Decommissioning Authority (NDA) to put back the privatisation of BNG. The NDA wants more time to prepare a £1bn-a-year clean-up contract for the UK's main nuclear facility at Sellafield in Cumbria. It is assumed that BNG will win the deal for a plant it already manages. Such a contract would provide the main value for BNG when it is put up for sale. The original timetable called for the formal sales process to get underway in 2007 but it is now more likely to be 2008. Sources in the nuclear industry played down talk of a rift between the BNFL board and the NDA saying the Sellafield clean-up and the privatisation were complex and neither side wanted them rushed. But there are fears inside BNFL that the sale of BNG should not be delayed too long for fear that staff will leave. There is a huge skills shortage in a sector that is seeing a resurgence of activity. Much of the government's privatisation programme has been slipping, with the sale to Toshiba of BNFL's Westinghouse nuclear engineering and design company taking longer to complete than expected. The first contract to hand over management of the Drigg low-level waste site to private-sector companies has also started, but somewhat behind schedule. The atmosphere around the nuclear industry has become more heated since Britain and various other countries agreed they may need to proceed with a new generation of power stations. In France yesterday the anti-atomic power lobby, Sortir du Nucleaire (SN) promised to bring a court case against the local power group EDF, challenging its right to build a third reactor in the north-west of the country. Work on the project is scheduled to begin next year but Benoist Busson, the lawyer for the SN, said the building permit awarded for the new European pressurised reactor at Flamanville was wrongly granted. "EPR will just be used as a shop window to sell reactors to China," he argued. "We don't need to build any more reactors as those we have can be used until 2025." Mr Busson accepted that the French government would probably change the law to ensure the project went ahead. The country already has 58 reactors, which account for 80% of the nation's power. EDF is a major supplier of electricity in Britain and the company is expected to be at the forefront of moves to build new plants here. Useful links British Energy Department of Trade and Industry British Nuclear Fuels Ltd Campaign for Nuclear Disarmament Greenpeace Come Clean WMD awareness programme UK atomic energy authority National Radiological Protection Board Friends of the Earth World Nuclear Association World Nuclear Transport Institute [UP] Guardian Unlimited © Guardian Newspapers Limited 2006 ***************************************************************** 32 Charlotte Observer: NO: Nuclear power plants offer one-stop shopping for terrorists | 08/21/2006 | MATTHEW R. AUER McClatchy-Tribune News Service Nuclear energy is gaining converts as energy prices spiral upward and America's reliance on Middle East oil goes unchecked. But the swell of support has more to do with the perils of coal than with oil. Coal is America's most important fuel source for electrical power generation and is responsible for more than one-third of the nation's carbon-dioxide emissions -- pollution that promotes global warming. When it comes to emitting carbon, nuclear power is cleaner -- one of many reasons to love nuclear, its backers say. Patrick Moore, co-founder of Greenpeace and an unlikely convert to the nuclear cause, urges that mining uranium is much safer than in years past, and spent nuclear fuel is not so much waste as it is "potential energy" available for extra rounds of power generation. What waste remains, he contends, is not nearly so risky as commonly assumed. "In 40 years," Moore and former EPA Administrator Christine Todd Whitman write in the Washington Post, "used fuel has less than one-thousandth of the radioactivity it had when it was removed from the reactor. ... Imagine if the ratio of coal to nuclear were reversed so that only 20 percent of our electricity was generated from coal and 60 percent from nuclear." Imagination is needed to embrace a plan that costs so much, promises so little in clean energy, and risks so perilously the country's national security. More nuclear plants in the U.S. will not alleviate the global warming problem so long as other countries roll out new coal-fired plants. By some estimates, China commissions a new coal-fired power station every 10 days. In the U.S., hundreds of nuclear plants would be required to replace the current supply of coal-generated electricity. Imagine nuclear waste stored at hundreds of surface sites at new nuclear plants around the nation. The likelihood of a serious accident grows as opportunities to mishandle radioactive materials increase. More plants mean more chances for waste to seep out of temporary storage sites. Mistakes will be made processing, transporting or simply keeping track of fissile materials. As the United States ramps up nuclear power production, thereby generating greater amounts of reusable nuclear fuels and radioactive wastes, nuclear proliferation risks mount. The thousands of new jobs created to mine and process uranium, manufacture, load and unload fuel rods, and transport and store waste represent thousands of additional people with discretion over potent and greatly feared forms of energy. A full-steam-ahead plan for nuclear energy means millions of additional chances for radioactive products and byproducts to end up in the wrong hands. Nuclear power plants offer one-stop shopping for terrorists: they can be sabotaged or their contents siphoned for weapons. These risks should urge us to keep developing alternatives to nuclear -- wind energy, fuel cells, biofuels, reduced energy demand, deep injection of carbon dioxide. None of these options, alone, will solve the global warming problem, but nuclear power does not belong on the option list, period. Matthew R. Auer is a professor of public and environmental affairs at Indiana University in Bloomington, Ind. ***************************************************************** 33 Charlotte Observer: Should U.S. increase its use of nuclear power? 08/21/2006 | YES: If the U.S. wants abundant electricity, it needs this power source LLEWELLYN KING McClatchy-Tribune News Service It is likely that this year, or next, the first new nuclear plant in decades will be ordered in the United States. A return to nuclear is not only long overdue. It is an environmental necessity and a national security imperative. If the United States wants abundant electricity, essentially for all time, it has to rediscover nuclear as the low-impact form of electric generation. The facts are catching up with the malicious fiction that consigned nuclear -- the high-technology, alternative way to produce electricity -- to limbo. Some stubbornly hostile foreign governments are already looking afresh at nuclear power. Finland, with a small population and dedicated to the environment, realized that it could not increase its dependence on Russian natural gas and reluctantly ordered its fifth reactor. British Prime Minister Tony Blair, who has spared no effort in promoting alternative power generation, has come to realize that Britain needs nuclear power and alternatives will not fill the gap. His only other option is gas from Russia -- a mercurial supplier at best. The days of anything-but-nuclear are not over. But the demands of the U.S. economy point to the need for a reliable electric base that will extend 50 years into the future, not just to the next election cycle. Even the environmental community is beginning to realize that if you want a lot of electricity permanently, from known sources, nuclear stands out as domestic and reliable. It adds nothing to global warming. What is more, if progress continues in an evolutionary manner, and we proceed from light water reactors to breeder reactors, the electric future becomes infinite. Two new technologies suggest that the need for electricity will increase rather than decline in the United States. The first is the plug-in hybrid car, and the second is the greater use of hydrogen in the economy. Both will reduce emissions. But if the new electric demand is met with fossil fuels, the pollution will simply be moved from the tailpipe to the smokestack. Electricity has transformed the world. It has improved the quality of life for hundreds of millions of people. Without it, only the rich could hope for lives of comfort. Aside from clean water, it has no peer in the realm of human well-being. I believe in the benefits of electricity and have confidence in America's ability to engineer its way out of its problems. So it seems incomprehensible that we do not pledge ourselves wholeheartedly to an electric future. Most of the railroads await electrification. There is a glimmer of its possibility for automobiles, and cities need to rediscover trolleys and trams. Back to the future, I say -- the nuclear electric future which is less volatile and more reverential of the environment. For 30 years or more, we have talked about new technology and meant computers. Because of social and cultural pressure, the truly exciting technology of the atom has been shunned. Now we talk a lot about nanotechnology. But if we are already using the components of matter, atoms, we should also have the moral courage to split them for electric power. Llewellyn King is the publisher of White House Weekly and host of the weekly PBS television show "White House Chronicle." ***************************************************************** 34 NRC: Notice of Opportunity To Comment on Model Safety Evaluation on FR Doc E6-13715 [Federal Register: August 21, 2006 (Volume 71, Number 161)] [Notices] [Page 48561-48564] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr21au06-78] Technical Specification Improvement To Modify Requirements Regarding LCO 3.10.1, Inservice Leak and Hydrostatic Testing Operation Using the Consolidated Line Item Improvement Process AGENCY: Nuclear Regulatory Commission. ACTION: Request for comment. SUMMARY: Notice is hereby given that the staff of the Nuclear Regulatory Commission (NRC) has prepared a model safety evaluation (SE) relating to the modification of shutdown testing requirements in technical specifications (TS) for Boiling Water Reactors (BWR). The NRC staff has also prepared a model no-significant-hazards-consideration (NSHC) determination relating to this matter. The purpose of these models is to permit the NRC to efficiently process amendments that propose to modify LCO 3.10.1 that would allow control rod scram time testing to be performed concurrently with inservice leak and hydrostatic testing. Licensees of nuclear power reactors to which the models apply could then request amendments, confirming the applicability of the SE and NSHC determination to their reactors. The NRC staff is requesting comment on the model SE and model NSHC determination prior to announcing their availability for referencing in license amendment applications. DATES: The comment period expires September 20, 2006. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date. ADDRESSES: Comments may be submitted either electronically or via U.S. mail. Submit written comments to Chief, Rules and Directives Branch, Division of Administrative Services, Office of Administration, Mail Stop: T-6 D59, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Hand deliver comments to: 11545 Rockville Pike, Rockville, Maryland, between 7:45 a.m. and 4:15 p.m. on Federal workdays. Copies of comments received may be examined at the NRC's Public Document Room, 11555 Rockville Pike (Room O-1F21), Rockville, Maryland. Comments may be submitted by electronic mail to NRCREP@nrc.gov. FOR FURTHER INFORMATION CONTACT: Tim Kobetz, Mail Stop: O-12H2, Division of Inspections and Regional Support, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555- 0001, telephone 301-415-1932. SUPPLEMENTARY INFORMATION: Background Regulatory Issue Summary 2000-06, ``Consolidated Line Item Improvement Process for Adopting Standard Technical Specification Changes for Power Reactors,'' was issued on March 20, 2000. The consolidated line item improvement process (CLIIP) is intended to improve the efficiency of NRC licensing processes by processing proposed changes to the standard technical specifications (STS) in a manner that supports subsequent license amendment applications. The CLIIP includes an opportunity for the public to comment on a proposed change to the STS after a preliminary assessment by the NRC staff and a finding that the change will likely be offered for adoption by licensees. This notice solicits comment on a proposal to modify LCO 3.10.1 that would allow control rod scram time testing to be performed concurrently with inservice leak and hydrostatic testing. The CLIIP directs the NRC staff to evaluate any comments received for a proposed change to the STS and to either reconsider the change or announce the availability of the change for adoption by licensees. This notice involves the modification of LCO 3.10.1 that would allow control rod scram time testing to be performed concurrently with inservice leak and hydrostatic testing. This change was proposed for incorporation into the standard technical specifications by the owners groups participants in the Technical Specification Task Force (TSTF) and is designated TSTF-484. TSTF-484 can be viewed on the NRC's Web page utilizing the Agencywide Documents Access and Management System (ADAMS). ADAMS accession numbers are ML052930102 (TSTF-484 Submittal), ML060970568 (NRC Request for Additional Information, RAI), and ML061560523 (TSTF Response to NRC RAIs). [[Page 48562]] Applicability Licensees opting to apply for this TS change are responsible for reviewing the staff's evaluation, referencing the applicable technical justifications, and providing any necessary plant-specific information. Each amendment application made in response to the notice of availability will be processed and noticed in accordance with applicable rules and NRC procedures. Public Notices This notice requests comments from interested members of the public within 30 days of the date of publication in the Federal Register. After evaluating the comments received as a result of this notice, the staff will either reconsider the proposed change or announce the availability of the change in a subsequent notice (perhaps with some changes to the safety evaluation or the proposed no significant hazards consideration determination as a result of public comments). If the staff announces the availability of the change, licensees wishing to adopt the change must submit an application in accordance with applicable rules and other regulatory requirements. For each application the staff will publish a notice of consideration of issuance of amendment to facility operating licenses, a proposed no significant hazards consideration determination, and a notice of opportunity for a hearing. The staff will also publish a notice of issuance of an amendment to an operating license to announce the modification of TS 3.10.1, Inservice Leak and Hydrostatic Testing, for each plant that receives the requested change. Proposed Safety Evaluation--U.S. Nuclear Regulatory Commission, Office of Nuclear Reactor Regulation, Consolidated Line Item Improvement, Technical Specification Task Force (TSTF) Change TSTF-484, Revision 0, Use of TS 3.10.1 for Scram Time Testing Activities 1.0 Introduction By application dated [Date], [Name of Licensee] (the licensee) requested changes to the Technical Specifications (TS) for the [Name of Facility]. The proposed changes would revise LCO 3.10.1, and the associated Bases, to expand its scope to include provisions for temperature excursions greater than [200][deg]F as a consequence of inservice leak and hydrostatic testing, and as a consequence of scram time testing initiated in conjunction with an inservice leak or hydrostatic test, while considering operational conditions to be in Mode 4. 2.0 Regulatory Evaluation 2.1 Inservice Leak and Hydrostatic Testing The Reactor Coolant System (RCS) serves as a pressure boundary and also serves to provide a flow path for the circulation of coolant past the fuel. In order to maintain RCS integrity, Section XI of the American Society of Mechanical Engineers (ASME) Pressure Vessel Code requires periodic hydrostatic and leakage testing. Hydrostatic tests are required to be performed once every 10 years and Leakage tests are required to be performed each refueling outage. Appendix G to 10 CFR Part 50 states that pressure tests and leak tests of the reactor vessel that are required by Section XI of the American Society of Mechanical Engineers (ASME) Pressure Vessel Code must be completed before the core is critical. NUREG-1433, General Electric Plants, BWR/4, Revision 3, Standard Technical Specifications (STS) and NUREG-1434, General Electric Plants, BWR/6, Revision 3, STS both currently contain LCO 3.10.1, Inservice Leak and Hydrostatic Testing Operation. LCO 3.10.1 was created to allow for hydrostatic and leakage testing to be conducted while in Mode 4 with average reactor coolant temperature greater than [200][deg]F provided certain secondary containment LCOs are met. TSTF-484, Revision 0, Use of TS 3.10.1 for Scram Time Testing Activities, modifies LCO 3.10.1 to allow a licensee to implement LCO 3.10.1 while hydrostatic and leakage testing is being conducted should average reactor coolant temperature exceed [200][deg]F during testing. This modification does not alter current requirements for hydrostatic and leakage testing as required by Appendix G to 10 CFR part 50. 2.2 Control Rod Scram Time Testing Control Rods function to control reactor power level and to provide adequate excess negative reactivity to shut down the reactor from any normal operating or accident condition at any time during core life. The control rods are scrammed by using hydraulic pressure exerted by the Control Rod Drive (CRD) system. Criterion 10 of Appendix A to 10 CFR part 50 states that the reactor core and associated coolant, control, and protection systems shall be designed with appropriate margin to assure that specified acceptable fuel limits are not exceed during any condition of normal operation, including the effects of anticipated operational occurrences. The scram reactivity used in design basis accidents (DBA) and transient analyses is based on an assumed control rod scram time. NUREG-1433, General Electric Plants, BWR/4, Revision 3, Standard Technical Specifications (STS) and NUREG-1434, General Electric Plants, BWR/6, Revision 3, STS both currently contain surveillance requirements (SR) to conduct scram time testing when certain conditions are met in order to ensure that Criterion 10 of Appendix A to 10 CFR part 50 is satisfied. SR 3.1.4.1 requires scram time testing to be conducted following a shutdown greater than 120 days while SR 3.1.4.4 requires scram time testing to be conducted following work on the CRD system or following fuel movement within the affected core cell. Both SR must be performed at reactor pressure greater than or equal to [800] psig and prior to initially exceeding 40% rated thermal power (RTP). TSTF-484, Revision 0, Use of TS 3.10.1 for Scram Time Testing Activities, would modify LCO 3.10.1 to allow SR 3.1.4.1 and SR 3.1.4.4 to be conducted in Mode 4 with average reactor coolant temperature greater than [200][deg]F. Scram time testing would be performed in accordance with LCO 3.10.4, Single Control Rod Withdrawal--Cold Shutdown. This modification to LCO 3.10.1 does not alter the means of compliance with Criterion 10 of Appendix A to 10 CFR part 50. 3.0 Technical Evaluation The existing provisions of LCO 3.10.1 allow for hydrostatic and leakage testing to be conducted while in Mode 4 with average reactor coolant temperature greater than [200][deg]F, while imposing Mode 3 secondary containment requirements. Under the existing provision, LCO 3.10.1 would have to be implemented prior to hydrostatic and leakage testing. As a result, if LCO 3.10.1 was not implemented prior to hydrostatic and leakage testing, hydrostatic and leakage testing would have to be terminated if average reactor coolant temperature exceeded [200][deg]F during the conduct of the hydrostatic and leakage test. TSTF-484, Revision 0, Use of TS 3.10.1 for Scram Time Testing Activities, modifies LCO 3.10.1 to allow a licensee to implement LCO 3.10.1 while hydrostatic and leakage testing is being conducted should average reactor coolant temperature exceed [200][deg]F during testing. The modification will allow completion of testing without the potential for interrupting the test in order to reduce reactor vessel pressure, cool the RCS, and restart the test below [[Page 48563]] [200][deg]F. Since the current LCO 3.10.1 allows testing to be conducted while in Mode 4 with average reactor coolant temperature greater than [200][deg]F, the proposed change does not introduce any new operational conditions beyond those currently allowed. Surveillance Requirements (SR) 3.1.4.1 and SR 3.1.4.4 require that control rod scram time be tested at reactor pressure greater than or equal to [800] psig and before exceeding 40% rated thermal power (RTP). Performance of control rod scram time testing is typically scheduled concurrent with inservice leak or hydrostatic testing while the reactor coolant system (RCS) is pressurized. Because of the number of control rods that must be tested, it is possible for the inservice leak or hydrostatic test to be completed prior to completing the scram time test. Under existing provisions, if scram time testing can not be completed during the LCO 3.10.1 inservice leak or hydrostatic test, scram time testing must be suspended. Additionally, if LCO 3.10.1 is not implemented and average reactor coolant temperature exceeds [200][deg]F while performing the scram time test, scram time testing must also be suspended. In both situations, scram time testing is resumed during startup prior to exceeding 40% RTP. TSTF-484, Revision 0, Use of TS 3.10.1 for Scram Time Testing Activities, modifies LCO 3.10.1 to allow a licensee to complete scram time testing initiated during inservice leak or hydrostatic testing. As stated earlier, since the current LCO 3.10.1 allows testing to be conducted while in Mode 4 with average reactor coolant temperature greater than [200][deg]F, the proposed change does not introduce any new operational conditions beyond those currently allowed. Completion of scram time testing prior to reactor criticality and power operations results in a more conservative operating philosophy with attendant potential safety benefits. It is acceptable to perform other testing concurrent with the inservice leak or hydrostatic test provided that this testing can be performed safely and does not interfere with the leak or hydrostatic test. However, it is not permissible to remain in TS 3.10.1 solely to complete such testing following the completion of inservice leak or hydrostatic testing and scram time testing. Since the tests are performed with the reactor pressure vessel (RPV) nearly water solid, at low decay heat values, and near Mode 4 conditions, the stored energy in the reactor core will be very low. Small leaks from the RCS would be detected by inspections before a significant loss of inventory occurred. In addition, two low pressure emergency core cooling systems (ECCS) injection/spray subsystems are required to be operable in Mode 4 by TS 3.5.2, ECCS-Shutdown. In the event of a large RCS leak, the RPV would rapidly depressurize and allow operation of the low pressure ECCS. The capability of the low pressure ECCS would be adequate to maintain the fuel covered under the low decay heat conditions during these tests. Also, LCO 3.10.1 requires that secondary containment and standby gas treatment system be operable and capable of handling any airborne radioactivity or steam leaks that may occur during performance of testing. The protection provided by the normally required Mode 4 applicable LCOs, in addition to the secondary containment requirements required to be met by LCO 3.10.1, minimizes potential consequences in the event of any postulated abnormal event during testing. In addition, the requested modification to LCO 3.10.1 does not create any new modes of operation or operating conditions that are not currently allowed. 4.0 State Consultation In accordance with the Commission's regulations, the [Name of State] State official was notified of the proposed issuance of the amendment. The State official had [no] comments. [If comments were provided, they should be addressed here]. 5.0 Environmental Consideration The amendment changes a requirement with respect to installation or use of a facility component located within the restricted area as defined in 10 CFR part 20. The NRC staff has determined that the amendment involves no significant increase in the amounts, and no significant change in the types, of any effluents that may be released offsite, and that there is no significant increase in individual or cumulative occupational radiation exposure. A significant hazards consideration is attached and is available for public comment. The amendment meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(9). Pursuant to 10 CFR 51.22(b) no environmental impact statement or environmental assessment need be prepared in connection with the issuance of the amendment. 6.0 Conclusion The Commission has concluded, based on the considerations discussed above, that: (1) There is reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner, (2) such activities will be conducted in compliance with the Commission's regulations, and (3) the issuance of the amendments will not be inimical to the common defense and security or to the health and safety of the public. 7.0 References 1. NUREG-1433, ``General Electric Plants, BWR/4, Revision 3, Standard Technical Specifications (STS)'', August 31, 2003. 2. NUREG-1434, General Electric Plants, BWR/6, Revision 3, Standard Technical Specifications (STS)'', August 31, 2003. 3. Request for Additional Information (RAI) Regarding TSTF-484, April, 7, 2006, ADAMS accession number ML060970568. 4. Response to NRC RAIs Regarding TSTF-484, June 5, 2006, ADAMS accession number ML061560523. 5. TSTF-484 Revision 0, ``Use of TS 3.10.1 for Scram Times Testing Activities'', May 5, 2005, ADAMS accession number ML052930102. Model No Significant Hazards Determination Description of Amendment Request: The proposed changes would revise LCO 3.10.1, and the associated Bases, to expand its scope to include provisions for temperature excursions greater than [200][deg]F as a consequence of inservice leak and hydrostatic testing, and as a consequence of scram time testing initiated in conjunction with an inservice leak or hydrostatic test, while considering operational conditions to be in Mode 4. Basis for No Significant Hazards Determination: As required by 10 CFR 50.91 (a), an analysis of the issue of no significant hazards consideration is presented below: Criterion 1: The proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated. Technical Specifications currently allow for operation at greater than [200][deg]F while imposing MODE 4 requirements in addition to the secondary containment requirements required to be met. Extending the activities that can apply this allowance will not adversely impact the probability or consequences of an accident previously evaluated. Therefore, the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated. Criterion 2: The proposed change does not create the possibility of a new or different kind of accident from any accident previously evaluated. Technical Specifications currently allow for operation at greater than [[Page 48564]] [200][deg]F while imposing MODE 4 requirements in addition to the secondary containment requirements required to be met. No new operational conditions beyond those currently allowed by LCO 3.10.1 are introduced. The changes do not involve a physical alteration of the plant (i.e., no new or different type of equipment will be installed) or a change in the methods governing normal plant operation. In addition, the changes do not impose any new or different requirements or eliminate any existing requirements. The changes do not alter assumptions made in the safety analysis. The proposed changes are consistent with the safety analysis assumptions and current plant operating practice. Therefore, the proposed change does not create the possibility of a new or different kind of accident from any accident previously evaluated. Criterion 3: The proposed change does not involve a significant reduction in a margin of safety. Technical Specifications currently allow for operation at greater than [200][deg]F while imposing MODE 4 requirements in addition to the secondary containment requirements required to be met. Extending the activities that can apply this allowance will not adversely impact any margin of safety. Allowing completion of inspections and testing and supporting completion of scram time testing initiated in conjunction with an inservice leak or hydrostatic test prior to power operation results in enhanced safe operations by eliminating unnecessary maneuvers to control reactor temperature and pressure. Therefore, the proposed change does not involve a significant reduction in a margin of safety. Based on the above, the NRC concludes that the proposed change presents no significant hazards consideration under the standards set forth in 10 CFR 50.92(c), and, accordingly, a finding of no significant hazards consideration is justified. Principal Contributor: Aron Lewin. Dated at Rockville, Maryland this 15th day of August 2006. For the Nuclear Regulatory Commission. Timothy Kobetz, Branch Chief, Technical Specifications Branch, Division of Inspections and Regional Support, Office of Nuclear Reactor Regulation. [FR Doc. E6-13715 Filed 8-18-06; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 35 NRC: Tennessee Valley Authority; Notice of Withdrawal of Application FR Doc E6-13716 [Federal Register: August 21, 2006 (Volume 71, Number 161)] [Notices] [Page 48560] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr21au06-76] for Amendment to Facility Operating License The U.S. Nuclear Regulatory Commission (the Commission) has granted the request of the Tennessee Valley Authority (the licensee) to withdraw its September 23, 2004, application for proposed amendment to Facility Operating License No. NPF-90 for the Watts Bar Nuclear Plant, Unit No. 1, located in Rhea County, Tennessee. The proposed amendment would have revised Technical Specification Table 3.3.2-1, ``Engineered Safety Feature Actuation System Instrumentation,'' to allow the auxiliary feedwater start signal upon trip of all main feedwater pumps to be required only when one or more of the turbine driven main feedwater pumps are operating. The Commission had previously issued a Notice of Consideration of Issuance of Amendment published in the Federal Register on December 7, 2004 (69 FR 70722). However, by letter dated July 28, 2006, the licensee withdrew the proposed change. For further details with respect to this action, see the application for amendment dated September 23, 2004, as supplemented by letter dated May 25, 2006, and the licensee's letter dated July 28, 2006, which withdrew the application for license amendment. Documents may be examined, and/or copied for a fee, at the NRC's Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and Management Systems (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm.html. 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 8th day of August, 2006. For the Nuclear Regulatory Commission. Douglas V. Pickett, Senior Project Manager, Plant Licensing Branch II-2, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E6-13716 Filed 8-18-06; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 36 NRC: Notice of Availability of Environmental Assessment and Finding FR Doc E6-13718 [Federal Register: August 21, 2006 (Volume 71, Number 161)] [Notices] [Page 48560-48561] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr21au06-77] of No Significant Impact for License Termination for Michigan Biotechnology Institute, Lansing, MI AGENCY: Nuclear Regulatory Commission. ACTION: Notice of availability. FOR FURTHER INFORMATION CONTACT: Dr. Peter J. Lee, Decommissioning Branch, Division of Nuclear Materials Safety, U.S. Nuclear Regulatory Commission, Region III, 2443 Warrenville Road, Lisle, Illinois 60532- 4352. Telephone: 630-829-9870; fax number: 630-515-1259; e-mail: pjl2@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission (NRC) is considering issuing a license termination of Material License No. 21-24836-01 issued to Michigan Biotechnology Institute (the licensee), to authorize release of its Lansing facility for unrestricted use. The NRC staff has prepared an Environmental Assessment (EA) in support of this amendment in accordance with the requirements of 10 CFR part 51. Based on the EA, the NRC has concluded that a Finding of No Significant Impact (FONSI) is appropriate. The amendment will be issued following the publication of this Notice. II. EA Summary The purpose of the proposed action is to terminate Byproduct Material License No. 21-24836-01 issued to Michigan Biotechnology Institute, and release its Lansing, Michigan facility for unrestricted use. The NRC's license authorized the licensee to use labeled compounds such as hydrogen-3, carbon-14, phosphorus-32, sulfur-35, etc. for research and development. On March 7, 2006, the licensee submitted a license termination request to release its Lansing facility for unrestricted use. The licensee has conducted surveys of the facility and provided information to the NRC to demonstrate that the site meets [[Page 48561]] the license termination criteria in 10 CFR 20.1402, ``Radiological Criteria for Unrestricted Use.'' The staff has examined the licensee's request and the information provided in support of its request, including the surveys performed to demonstrate compliance with the release criteria. The staff has found that the radiological environmental impacts from the proposed action are bounded by the impacts evaluated in the ``Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Facilities'' (NUREG-1496). Additionally, no non-radiological or cumulative impacts were identified. Based on its review, the staff has determined that there are no additional remediation activities necessary to complete the proposed action and a Finding of No Significant Impact is appropriate. III. Finding of No Significant Impact On the basis of the EA, the NRC concluded that there are no significant environmental impacts from the proposed amendment and determined not to prepare an environmental impact statement. IV. Further Information Documents related to this action, including the application for amendment and supporting documentation, are available electronically at the NRC's electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this site, you can access the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. The ADAMS accession numbers for the documents related to this notice are: ML060690446 for the March 7, 2006, license termination request, ML061980294 for the July 11, 2006, additional information to the amendment request, and ML062190210 for the EA summarized above. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC's Public Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to pdr@nrc.gov. These documents may also be viewed electronically on the public computers located at the NRC's PDR, O 1 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Dated at Lisle, Illinois, this 10th day of August 2006. For the Nuclear Regulatory Commission. Jamnes L. Cameron, Chief, Decommissioning Branch, Division of Nuclear Materials Safety, Region III. [FR Doc. E6-13718 Filed 8-18-06; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 37 FIA: Nuclear Regulatory Agency Chief: There are No Grounds Claiming that NPP Kozloduy is Record Breaker in Failures FOCUS Information Agency www.focus-radio.net --> www.focus-radio.net 21 August 2006 | 14:08 | FOCUS News Agency Sofia. “There are no grounds claiming that NPP Kozloduy is record breaker in failures and emissions of radioactive materials”, was the comment for FOCUS Agency of the Director of Nuclear Regulatory Agency (NRA) Sergey Tsochev in connection with the publication by the Macedonian agency Makfax. The agency cites the Deputy Chairman of Ecoglasnost Petar Penchev who claimed that the NPP was a “champion on letting nuclear emissions into the air”. Sergey Tsochev made it clear that NRA many times answered to questions asked by Penchev although he had never asked the agency directly but had written to institutions and diplomats. The director of NRA commented that the mentioned incident on 1st March has no connection whatsoever with the radioactive waste since there was just “a failure of a system wasn’t necessary to be used and there were no real consequences from such thing.” He added that the NPP was on a medium European level of safety and there was no way it could be a record breaker in failures. Focus Information Agency © 2006 ***************************************************************** 38 FIA: Makfax: Bulgarian NPP Kozloduy is Record Breaker in Failures FOCUS Information Agency 21 August 2006 | 12:34 | FOCUS News Agency Skopje. Bulgarian NPP Kozloduy is holding teh record in the number of nuclear emissions it has released into the air, Deputy Chairman of Ecoglasnost movement Petar Penchev has said, cited by the Macedonian Makfax. According to ecologists the failure of NPP Kozloduy on 1st March this year was quite dangerous and the Minister of Energy Rumen Ovcharov was deluding society. T he EU has several times demanded from Bulgaria to close down the plant but Bulgarians claim that it provides 40% from the needed electricity in the country, Makfax reports. Focus Information Agency © 2006 ***************************************************************** 39 Atlanta Journal-Constitution: Nuclear material turns up in search ajc.com Southern Co. finds almost all of waste By MARGARET NEWKIRK The Atlanta Journal-Constitution Published on: 08/22/06 Southern Co. has found all but 18 inches of the more than 5 feet of spent nuclear rods reported missing last fall from its Plant Hatch nuclear reactors near Baxley. The discovery concludes Southern's efforts to locate the spent rods, which are about the diameter of a pencil. The company told federal regulators Monday that it believes most of the still-unaccounted-for waste is safely stored at its on-site fuel pools, but in pieces too small to be seen. In November, Southern reported that it couldn't account for 5 feet and 8 inches of the rod, after taking part in a first-time nationwide inventory ordered earlier that year by the Nuclear Regulatory Commission. Most of the original missing material was found in the spent fuel pool at Plant Hatch, which was where it was supposed to be. The material was in bits and pieces, though, which was why it didn't show up in Southern's first inventory sweep. The company said the fragments were the result of a corrosive water problem at Plant Hatch that broke down fuel rod casings for a period in the 1980s, allowing the fuel rod pieces to fall out. The company didn't have the water problem at its other nuclear facilities. Fuel inventory checks at Plant Vogtle, in Waynesboro, and Plant Farley, in Alabama, both matched company records. The company said it has long since corrected the water problem that led to the casing corrosion at Hatch. On Monday, the company said it believes that most of the remaining 18 inches of spent fuel is in Plant Hatch's pool but tucked out of sight of the company's cameras. Some of the remaining 18 inches may have been inadvertently shipped to a licensed waste disposal site, the company said but not much of it. The shipments are scanned for radiation, and only a very small amount of the material could have been missed, Georgia Power spokeswoman Carol Boatwright said. The company said it will take the extra fuel into account as it moves forward with waste disposal, and that the missing fuel will be retrieved when Plant Hatch is finally decommissioned. Both Southern and the government have consistently downplayed the possibility that the material was stolen: Highly radioactive, it's too dangerous to steal. Spent fuel rods are moved to the pool from reactor cores mechanically and underwater. Water is a radiation barrier. The rods sit vertically on the pool's bottom, propped up by a grid, like umbrellas in a rack. The spent rods have to be moved elsewhere after the pools are full. The long-term storage of nuclear waste remains an unsolved problem, even as the power industry is moving toward building new reactors for the first time in 30 years. Southern Co. is among the utility companies considering building new reactors. The company filed an initial permit application with the NRC a week ago, for two new reactors at Plant Vogtle. © 2006 The Atlanta Journal-Constitution ***************************************************************** 40 [NukeNet] tritium standard and water Date: Mon, 21 Aug 2006 16:37:14 -0700 Hi, colleagues -- IMPORTANT TRITIUM UPDATE --the State of CA just promulgated a new PUBLIC HEALTH GOAL for tritium contamination in water. The CA state and our federal regulatory limit is a concentration of 20,000 picocuries per liter, as noted on this list serv. This is 5,000 times higher than the new CA Public Health Goal of 400 picocuries per liter. This new PHG was published in March 2006, and it opens up the door to talking to the state and federal government (specifically CalEPA and federal EPA) about making the rgulatory limit more strict. For additional detail, check Tri-Valley CAREs website at www.trivalleycares.org and go to a talk I gave on tritium -- it is on the right hand side of the web site under the recent press releases section -- specifically under the media advisory we sent out for the event. Just click -- it is a Word doc. Also, you might Google or go to the State of CA web site directly. I'm not at the office and so don't remember the exact web address -- can someone else post it, please? This is a truly historic opportunity to get the regs changed. I invite you all to spend a bit of time on this!!!! Peace, Marylia Marylia Kelley Executive Director Tri-Valley CAREs (Communities Against a Radioactive Environment) 2582 Old First Street Livermore, CA USA 94551 - is our web site address. Please visit us there! (925) 443-7148 - is our phone (925) 443-0177 - is our fax ***************************************************************** 41 CBC: Tritium contamination shuts down Pembroke plant Last Updated: Monday, August 21, 2006 | 10:18 AM ET CBC News A Pembroke, Ont., company has been ordered to cease production after nuclear regulators found abnormally high levels of radioactive tritium in the local soil and groundwater. But SRB Technologies said it faces financial ruin and the loss of 40 jobs unless Canada's Nuclear Safety Commission allows it to resume business. SRB Technologies uses tritium gas — a radioactive isotope of hydrogen — to make lights and glow-in-the-dark signs. They are used on road signs, at airports and other places where signs are needed after dark, and electric power is difficult to get. The company has made them for years, with the approval of the nuclear safety commission, the group that inspects all companies that use radioactive materials. But recent inspections have shown — and the company's own studies have confirmed — that the groundwater and soil immediately around the plant is heavily contaminated by radioactive tritium, in some cases at 80 times the recommended levels. The tritium seems to be coming from the company's smokestack, and then falling back to earth. The safety commission told CBC News there's no sign that either workers or neighbours of the plant have been exposed to danger. But the commission issued a cease-and-desist order because it said SRB Technologies hasn't taken all reasonable steps to prevent contamination and protect the environment. There may be an issue with tritium affecting plants and vegetables grown near the plant, and the smokestack plume may be carrying tritium contamination an unknown distance. SRB president Stephane Levesque told CBC News that the company has made improvements in recent months. And it is hoping to get a new hearing as soon as possible. In the meantime, SRB is trying to keep its 40 employees on the job assembling products that have already been manufactured. Copyright © CBC 2006 ***************************************************************** 42 [NukeNet] Scotland: BNFL paid union to back new nuclear power Date: Mon, 21 Aug 2006 16:34:20 -0700 http://www.sundayherald.com/57437 Sunday Herald - 20 August 2006 BNFL paid union to back new nuclear power stations By Rob Edwards, Environment Editor ---------- TRADE unionists have been given thousands of pounds by their government company bosses to campaign in favour of Tony Blair’s new nuclear power programme. Funding from state-owned British Nuclear Fuels (BNFL) paid for airfares, hotels, dinners and “refreshments” for union members from nuclear plants to lobby delegates at Labour and TUC conferences in Brighton last autumn. BNFL has been accused of using taxpayers’ money to create a pro-nuclear “front” organisation, while the trade unionists involved have been attacked by fellow unionists for “getting into bed with the employer”. But this is denied by the nuclear trade unions, who insist that they are “defending our jobs, our livelihoods and our communities” from attack. Documents obtained by the Sunday Herald reveal that £15,050 was claimed in expenses from BNFL for “Nuklear21 union meetings” in 2005-06. Nuklear21 is a campaign group that brings together workers from five trade unions at nuclear plants across the UK to lobby for new reactors. Included in the expenses was £3311 for activists to attend the annual Labour and TUC conferences in Brighton in September 2005. There, they were able to lobby ministers, MPs and trade union leaders in support of nuclear power. Copies of the expense claims filed on behalf of Nuklear21 show that £2050 was spent on hotels, £343 on air travel from Newcastle and £275.77 on dinners. The five unions involved in Nuklear21 are GMB, Amicus, Prospect, TGWU and UCATT. It is led by workers from nuclear plants at Sellafield in Cumbria, Capenhurst in Cheshire and Chapelcross in Dumfries and Galloway and has been lobbying politicians at Westminster and Holyrood to back nuclear power. But their activities have drawn fierce fire from within the trade union movement. “If somebody gets into bed with the employer, they are totally compromised,” said Ronnie Waugh, a member of the GMB national executive, speaking in a personal capacity. “Their independence is eroded. And they don’t mention within the GMB that they are subsidised by the employer.” Jean McSorley, from the anti-nuclear group Greenpeace, pointed out that if trade unions wanted a political fighting fund they could levy their members. “For them to go cap-in-hand to their employers is just appalling,” she said. “They have a legitimate right to fight for their jobs, but they are using illegitimate means – taxpayers’ money.” Nuklear21’s expense claims were released to the Sunday Herald by BNFL in response to an appeal under the Freedom of Information Act. The company had initially claimed that it did not hold any information about the group’s funding. But this was overturned after a review by BNFL’s head of taxation, David Canfield. He said the company’s initial attempts to trace documents about Nuklear21 funding were “evidently not sufficient”. BNFL said last week that it had paid out £15,050 “in support of trade union activities in general”, suggesting that not all the money was spent by Nuklear21. Accredited trade union representatives, it has argued, “have a legitimate role in promoting and defending employment in the nuclear industry”. Nuklear21’s national secretary Howard Rooms, who works at Sellafield, said: “We’re doing the work of trade unionists in defending our jobs, our livelihoods and our communities.” “The company has no say in what we lobby for and who we lobby.” There was no conflict in accepting expenses from BNFL while representing its workers on pay and conditions, he argued. Rooms pointed out that it would be difficult to distinguish between payments for Nuklear21 and for other activities because expense claims were mostly just made for “trade union duties”. He brushed aside criticism of BNFL paying for dinners out in Brighton. “We’ve got to eat, haven’t we?” he said. ---------- Copyright © 2006 smg sunday newspapers ltd. no.176088 Back ***************************************************************** 43 NWTRB: Notice of a Meeting; Yucca Mountain, NV 9-25 FR Doc 06-7049 [Federal Register: August 21, 2006 (Volume 71, Number 161)] [Notices] [Page 48564] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr21au06-79] NUCLEAR WASTE TECHNICAL REVIEW BOARD Workshop: September 25-26, 2006--Las Vegas, Nevada; The U.S. Nuclear Waste Technical Review board will host a workshop on the potential for localized corrosion of Alloy-22, the material that has been proposed for waste packages in which spent nuclear fuel and high- level radioactive waste will be disposed of inside the proposed Yucca Mountain repository. Pursuant to its authority under section 5051 of Public Law 100-203, Nuclear Waste Policy Amendments Act of 1987, the U.S. Nuclear Waste Technical Review Board will host a workshop on localized corrosion in Las Vegas, Nevada. The focus of the workshop will be the potential for localized corrosion of Alloy-22 under aqueous conditions that might exist in a proposed Yucca Mountain repository. Alloy-22 is a material that has been proposed for waste packages in which spent nuclear fuel and high-level radioactive waste will be disposed of inside the proposed repository. Among the workshop topics will be results of recent and ongoing testing related to evolution of aqueous environments in the repository and the potential initiation, propagation, cessation, and consequences of localized corrosion of Alloy-22. The Board was charged in the Nuclear Waste Amendments Act of 1987 with conducting an independent review of the technical and scientific validity of U.S. Department of Energy (DOE) activities related to disposing, packaging, and transporting of spent nuclear fuel and high-level radioactive waste. The workshop agenda will be available on the Board's Web site http://www.nwtrb.gov) approximately one week before the date of the workshop. The agenda also may be obtained by telephone request at that time. The workshop will be open to the public, and opportunities for public comment will be provided. Transcripts of the workshop proceedings and overheads from workshop presentations will be available on the Board's Web site approximately three weeks after the workshop date. The workshop will be held at the Las Vegas Marriott Suites; 325 Convention Center Drive; Las Vegas, Nevada 89109; telephone 702-650- 2000; fax 702-650-9466. The workshop will begin Monday afternoon with introductions of the participants; presentations of the ground rules; and a discussion of possible waste package environments, including data obtained from current and ongoing tests, interpretation of the data, and modeling used to project possible waste package environments. On Tuesday morning, the workshop will reconvene, and discussions will focus on testing related to the potential for localized corrosion of the Alloy-22 waste packages. The discussions will continue until late afternoon, when the workshop will adjourn. Time will be set aside during the workshop for public comments. Those wanting to speak are encouraged to sign the ``Public Comment Register'' at the check-in-table. A time limit may have to be set on individual remarks, but written comments of any length may be submitted for the record. Transcripts of the workshop will be available on the Board's Web site, by e-mail, on computer disk, and on a library-loan basis in paper format from Davonya Barnes of the Board's staff no later than October 19, 2006. A block of rooms has been reserved for workshop attendees and participants at the Las Vegas Marriott Suites. When making a reservation, please state that you will be attending the Nuclear Waste Technical Review Board workshop. Reservations should be made by September 1, 2006, to ensure receiving the workshop rate. For more information, contact Karyn Severson, NWTRB External Affairs; 2300 Clarendon Boulevard, Suite 1300; Arlington, VA 22201- 3367; 703-235-4473; fax 703-235-4495. Dated: August 16, 2006. William D. Barnard, Executive Director, Nuclear Waste Technical Review Board. [FR Doc. 06-7049 Filed 8-18-06; 8:45am] BILLING CODE 6820-AM-M ***************************************************************** 44 ABC" Southern Nuclear: Spent nuclear fuel still missing - Atlanta Business Chronicle still can't find about one-fourth of a cup of spent nuclear fuel at its plant in Baxley, Ga., according to a report to the (NRC) Aug. 21. Southern Nuclear, a subsidiary of Atlanta-based Southern Co. (NYSE: SO), told the NRC it has completed its reconciliation of the physical inventory of spent nuclear fuel with its special nuclear material inventory records at the Edwin I. Hatch Nuclear Plant . The results showed fuel material equivalent to about 18 inches remains unaccounted for, Southern Nuclear said. That amount is less that 1.5 fluid ounces -- or less than one-fourth of a cup. The fuel inventory at Plant Hatch totals more than 77 million inches. While small portions of the 18 inches may have been inadvertently shipped to a licensed waste disposal facility, Southern Nuclear said it believes the balance of the unaccounted for material remains in the spent fuel pools in areas that are either unobservable by camera or otherwise inaccessible. Future plant activities and preparations for low-level waste shipments will take into account the possibility of the material's presence in the pools, and any residual amount will be retrieved when the plant is decommissioned, Southern Nuclear said. Southern Nuclear also noted theft or diversion is "not plausible" because of plant defense in depth provided by various physical barriers, procedures and measures such as sophisticated radiation monitoring instrumentation, extensive security, and the size and type of container required for transporting the nuclear material. The Monday announcement concludes an inventory that was a follow-up to a November 2005 of a discrepancy of about 68 inches of unaccounted for special nuclear material. Southern Nuclear said it continued its extensive search and retrieval program, using specialized equipment and cameras to visually inspect and retrieve additional material in the spent fuel pools. The retrieved material consists of fuel rod segments, fragments, chips, and small granules resulting from rod breakage which occurred in the early-1980s as a result of unanticipated corrosion of fuel cladding -- the material surrounding the fuel pellets. This corrosion issue, affecting only boiling water reactor fuel, has been resolved and has not recurred since at Plant Hatch. © 2006 American City Business Journals, Inc. and its licensors. ***************************************************************** 45 DOE: for the proposed Yucca Mountain repository. FR Doc 06-7050 [Federal Register: August 21, 2006 (Volume 71, Number 161)] [Notices] [Page 48564-48565] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr21au06-80] Pursuant to its authority under section 5051 of Public Law 100-203, Nuclear Waste Policy Amendments Act of 1987, the U.S. Nuclear Waste Technical Review Board will meet in Amargosa Valley, Nevada, on Wednesday, September 27, 2006, to [[Page 48565]] review the Department of Energy's (DOE) efforts to develop and articulate a safety case for a proposed geologic repository for the disposal of spent nuclear fuel and high-level radioactive waste at Yucca Mountain in Nevada. The Board was charged in the Nuclear Waste Policy Amendments Act of 1987 with conducting an independent review of the technical and scientific validity of DOE activities related to implementing the Nuclear Waste Policy Act. A final meeting agenda will be available on the Board's Web site (http://www.nwtrb.gov) approximately one week before the meeting date. The agenda also may be obtained by telephone request at that time. The meeting will be open to the public, and opportunities for public comment will be provided. The meeting will be held at the Longstreet Inn and Casino; Stateline and Highway 373; Amargosa Valley, Nevada 89020; telephone 775-372-1777; fax 775-372-1280. The meeting will begin at 8 a.m. with an overview of the Yucca Mountain program. Presentations on DOE's safety case will continue throughout the day. Time will be set aside at the end of the day for public comments. Those wanting to speak are encouraged to sign the ``Public Comment Register'' at the check-in table. A time limit may have to be set on individual remarks, but written comments of any length may be submitted for the record. Transcripts of the meeting will be available on the Board's Web site, by e-mail, on computer disk, and on a library-loan basis in paper format from Davonya Barnes of the Board's staff no later than October 23, 2006. For more information, contact Karyn Severson, NWTRB External Affairs; 2300 Clarendon Boulevard, Suite 1300; Arlington, VA 22201- 3367; 703-235-4473; fax 703-235-4495. Dated: August 16, 2006. William D. Barnard, Executive Director, Nuclear Waste Technical Review Board. [FR Doc. 06-7050 Filed 8-18-06; 8:45 am] BILLING CODE 6820-AM-M ***************************************************************** 46 Knox News: K-25 cleanup plans change New policies increase safety measures; Trice named project manager By FRANK MUNGER, munger@knews.com August 21, 2006 OAK RIDGE - Kelly Trice once managed the cleanup of "the most dangerous building in America," a plutonium-laden facility at the Rocky Flats warhead plant in Colorado. Now he's tackling something bigger: the K-25 plant in Oak Ridge. Trice will oversee the dismantling of the mile-long, U-shaped structure built during World War II to process uranium for atomic bombs. At the time of its construction, K-25 was the world's largest building under one roof. Sixty years later, it's just a big mess. The nuclear behemoth was shut down in the 1960s and largely neglected since then. It is loaded with deposits of fissile U-235 and fraught with potential pitfalls. Trice's assignment as project manager comes as Bechtel Jacobs Co., the Department of Energy's cleanup contractor, revamps its strategy at K-25 to bolster safety. The changes were prompted by an accident earlier this year when a sheet-metal worker fell through a weakened floor at the old building. "We've had the concerns for some time, but that led us to do a better analysis," Trice said. The 43-year-old engineer, with a background in the Navy's nuclear submarine program, joined Bechtel a couple of years ago and came to Oak Ridge last year as a vice president with Bechtel Jacobs. He has a reputation as a cleanup troubleshooter. "This is my 13th DOE site," he said, including the aforementioned Building 771 at Rocky Flats. Under the revised K-25 plan, machines will replace humans in a major way. The cleanup work force, once expected to reach 1,200, will now peak at about 600-700, Trice said. Instead of using workers to physically dismantle much of the 100 miles of piping and associated components within the maze of uranium-enrichment equipment, Bechtel Jacobs plans to bulldoze it into a manageable heap - along with tons and tons of construction rubble. The key to this strategy will be locating potentially dangerous deposits of highly enriched uranium so sections of equipment can be removed before the demolition begins. Those high-risk sections will be taken to "segmentation shops," where the U-235 can be removed and transported to the Y-12 nuclear weapons plant for safekeeping. The concern is that if deposits of highly enriched uranium are left in place during demolition, it could create unsafe conditions and possibly cause a criticality accident - an unplanned, uncontrolled nuclear chain reaction and release of radiation. Therefore, an exhaustive effort will be made to locate and remove any significant quantities of fissionable uranium, Trice said. About five different methods will be used in the nuclear treasure hunt, including snakelike cameras to view the innards of pipes, he said. John Owsley, who oversees the Oak Ridge cleanup operations for the Tennessee Department of Environment and Conservation, said environmental regulators have not yet given their approval to the revised strategy. He said the biggest issue is whether DOE and its contractors can properly track and verify the waste contents - including the amount of uranium - when mixing the contaminated processing equipment and construction rubble. "They have to be able to document any anomalies," Owsley said, noting the possibility of uranium deposits being masked by chunks of concrete and other debris. So far, state officials have not received enough assurances, he said. Bechtel Jacobs officials would not release an estimate of how much U-235 remains lodged inside the K-25 equipment, apparently because that information is classified. They confirmed that previous campaigns undertaken years ago identified and removed some of the larger deposits. Much of the processing equipment will be injected with foam to stabilize the contamination before the demolition takes place. Because of the January accident, which underscored the building's deterioration - especially concrete panels on the second floor - very few workers will be allowed upstairs. Also, a series of nets and barriers will protect downstairs workers from falling debris. The change in cleanup strategy requires Bechtel Jacobs or subcontractors to install a new criticality alarm system, and there will be a huge investment in heavy machinery armed with an array of shears and grapples, loaders and misters. Redundant machines may be required at as many as seven different demolition areas at a time once work gets fully charged. The new investments, however, are offset by an overall reduction of 1.3 million hours in labor costs, according to Trice. The estimated cost of the K-25 project, which includes the demolition of the nearby K-27 building, has declined slightly from $501.6 million to $493.7 million, Bechtel Jacobs said. If the new plan enhances worker safety, improves efficiency and still saves money, why wasn't that strategy chosen in the first place? "I don't know. I can't answer that," Trice said. "Given the deteriorating of the building and the safety we're trying to attain, this is the best approach now." Demolition work on the west side of the K-25 building is scheduled to begin in April 2007. Work is to be completed in August 2009, based on the latest planning documents. Bechtel Jacobs was originally scheduled to have the K-25 project completed by October 2008. The federal contractor stands to lose millions of dollars in fees for the delays, but Trice said that would not affect the decision-making. "Right now we're interested in doing this as efficiently and safely as we can," he said. "We've got a very hard task to do. It's definitely a challenge for our workers." Senior writer Frank Munger may be reached at 865-342-6329. BECHTEL JACOBS CO. Government contractors are changing the strategy for dismantling and demolishing the mile-long, U-shaped K-25 building and its sister uranium enrichment plant, K-27, in the foreground. The revised plan will rely more on heavy machinery to enhance worker safety. JEFF ADKINS NEWS SENTINEL Kelly Trice, project manager for Bechtel Jacobs Co., stands in front of the K-25 plant, which will be dismantled over the next three years. The federal contractor is working on a revised strategy to enhance worker safety while tearing down the deteriorated structure. Trice has managed 12 other big cleanups at Department of Energy sites. 2006 - Knoxville News Sentinel ***************************************************************** 47 KnoxNews: $1.4B SNS key to 'economic synergy' By FRANK MUNGER, munger@knews.com August 21, 2006 Despina Louca, a physics professor at the University of Virginia, has traveled the world to find the best neutrons for materials research. So has Angus Wilkinson, a chemistry professor at the Georgia Institute of Technology. Now they've got their sights set on Oak Ridge. After seven years of construction, the $1.4 billion Spallation Neutron Source is ready for business. The first experiments are scheduled for this fall, although it may be two years before the full research capabilities are realized. "The user community is very excited because the instrumentation is going to be state of the art, with some new capabilities," Louca said. Louca and Wilkinson both serve on a committee that will evaluate proposals for research at SNS or the High Flux Isotope Reactor, Oak Ridge National Laboratory's other world-class source of neutrons. They also plan to do their own neutron-scattering experiments, using beams of radiation to explore the structure and properties of materials. It's estimated that a couple of thousand scientists will visit Oak Ridge annually just to spend time at the neutron-making facilities, and that should translate into big bucks for the regional economy. Wilkinson said a typical research visit lasts three days to a week, includes air flights in and out of town, a rental car, hotel accommodations and a few meals at local restaurants. That's sort of a minimum investment. A senior researcher or faculty member may bring along a couple of graduate students or other associates, and the scientists may decide to spend some extra time in East Tennessee after their SNS work is done. "My guess is that most people will likely not hang around much beyond their measurements, but some are going to go to the Smokies or do other things," Wilkinson said. "For foreign visitors, it's more attractive to hang around. If you've come such a long way, it's not that much more expensive." When he was a doctoral student in England, Wilkinson often arranged Alpine skiing trips to coincide with his research time at the Institut Laue-Langevin near Grenoble, France. It's not unusual for scientists to visit a neutron source regularly, maybe four or five times a year, to do follow-up measurements and fine-tune their research results. A science lab can become a second home, and researchers look for some of the same creature comforts. Wilkinson said he has a list of favorite restaurants in the Chicago area because of frequent visits to Argonne National Laboratory. He doesn't have a list in the Knoxville-Oak Ridge area - yet - but he may after he has a few years of SNS visits under his belt. A reason for scientists to meet According to statistics provided by ORNL, the anticipated 2,000 visits to SNS will boost the lab's total number of scientific visits to about 5,000 annually. "Most of those visitors will arrive by air, with the commensurate increase in air travel into McGhee Tyson Airport," the lab said. "The 2,000 visitors on their three- to four-day stays will require up to 8,000 hotel occupancies and a projected 16,000 meals (although researchers doing experiments tend to snack)." Besides being a research base, the Spallation Neutron Source is expected to be a magnet for scientific conferences. The Knoxville Convention Center in 2005 hosted an international Particle Accelerator Conference with about 1,400 attendees, and the SNS was the featured attraction. Earlier this year, the American Physical Society had a meeting of its Division of Atomic, Molecular and Optical Physics, and there were nearly 1,000 in attendance - a big increase over the previous year's conference held in Lincoln, Neb. The happenings in Oak Ridge again were one of the reasons for the excitement. Another APS-sponsored conference, this one on linear accelerators, is coming to town this month, and it's likely to draw about 350 researchers. With Knoxville's bolstered convention capacity and the SNS coming online, more of the same is expected in years ahead. A 'linchpin' for economic expansion Not all of the benefits of the SNS are direct or obvious. The $1.4 billion project was completed on schedule and within its budget, and that has created a reputation for good work at ORNL. It was an important factor in the Oak Ridge lab acquiring the first of the government-funded nanoscience centers, and the Center for Nanophase Materials Sciences is now a sister facility adjacent to the SNS. "I think the SNS is a linchpin for a lot of stuff that's going to happen economically in Oak Ridge," said Parker Hardy, president of the Oak Ridge Chamber of the Commerce for the past dozen years. Hardy said the coming of the SNS no doubt played a role in many positive developments in recent years: construction of three new hotels; the city's first new upscale apartment complex in 20 years; a $55 million modernization of Oak Ridge High School; a $44 million renovation and expansion of Methodist Medical Center; and several new shopping complexes. "It definitely doesn't all point back to SNS, but there's a lot of economic synergy going on, and SNS is a linchpin," Hardy said. There are 6,000 new homes in the pipeline over the next 10 years, half as many as currently exist, he said. "The scientists are looking for a minimum of $250,000 and up, and there's quite a bit of stock in that," said Linda Brown of Linda Brown Realty. "Our local market has been extremely good for the last two or three years," she said, citing the SNS as one of the reasons. The growth of programs and facilities at ORNL and the modernization program under way at the Y-12 National Security Complex have made a strong statement that the government's missions in Oak Ridge are here to stay, Hardy said. Companies that in the past might have overlooked Oak Ridge are now taking a second look and expressing interest in locating there, the chamber chief said. "It's a very positive time to be in Oak Ridge," he said. Almost $400 million spent in state Some benefits of the SNS have been visible every day on Chestnut Ridge - where scientific facilities are spread across 90 acres - for the past seven years. During the design, procurement and construction of the Oak Ridge project, $397,277,519 was spent in Tennessee, and most of that went to East Tennessee vendors, ORNL said. California received the next-highest amount with $38 million, the lab said. At its peak, the construction workforce was about 750. Through July 2005, the project had a payroll totaling $196 million, with Knox County's share at $85.1 million and Anderson County's share $50.8 million. About 500 people, a mix of scientists, professional and technical support staff, and craft and maintenance workers, will work at the SNS on a full-time basis. The annual operations budget is supposed to be around $160 million. The SNS has its own power substation, built by TVA, with a capacity of 42 megawatts. At projected rates, TVA's annual power revenue from the Oak Ridge facilities is expected to be about $12 million. Knox firm a force in SNS construction Blaine Construction helped build the largest scientific project of this era, and the Knoxville-based company will surely have the SNS in a prominent spot on its corporate resume. Blaine won awards for its safety efforts and for the challenging construction tasks, some by itself and some in conjunction with Caddell Construction of Alabama, its longtime partner on big projects. The revenues were significant. "It was a tremendous project for us to be involved in, starting in April 2001," said Dorman Blaine, the company's president. Blaine won contracts valued at about $32 million early on and then shared with Caddell a couple of major projects, all told bringing in more than $100 million in work over a four-year period. "That probably represented a third of our volume over those years," Blaine said. "It had a big impact for us, and it kept us local." Normally, Blaine does about half of its work in the local area. During that time period, however, it did 90 percent of it here. Blaine built the concrete structures for the Front End Building and the linac tunnel, which houses the super-powerful linear accelerator with a particle beam that reaches 90 percent the speed of light. The top achievement, however, was the Caddell-Blaine partnership on the Target Building, the ultra-sophisticated research hub of the SNS where a beam of protons will come crashing into a source of mercury - releasing and channeling zillions of neutrons for researchers to use for experiments. The construction challenges were almost as great as the science itself, requiring exacting tolerances in the installation of mechanical and electrical systems and high-technology equipment. The Spallation Neutron Source is a unique research facility, and it required creativity and perseverance. "We had over 1,000 lifts with a crane in excess of 20,000 pounds, 100 lifts in excess of 50,000 pounds, and 50 lifts in excess of 100,000 pounds without a single incident or problem," Blaine said. Super-heavy concrete was imported from Brazil - weighing 260 pounds per cubic yard - for use in some parts of the Target Building, and it was a lot harder to pour. Workers could haul only four cubic yards at a time, instead of the normal 10. Steel components weighing as much as 80,000 pounds were imbedded into the structure within 1/1,000th of an inch of the design. "Some things we had never done before," Blaine said. "It was a feather in our cap." There also were goals for small-business subcontracting (40 percent) and use of women-owned and minority-owned companies. "We subcontracted to a lot of people outside the area, but it wasn't because of that, it was the specialty nature of the work," Blaine said. Will the president bless the SNS? The SNS delivered its first neutrons at 2:04 p.m. on April 28, indicating that, yes, the monstrously complicated and incredibly large operations would work as hoped. The next big date will probably come sometime in October, when ORNL and five other collaborating labs will stage a grand-opening celebration that's expected to be quite a shindig. There are high hopes that President Bush will be in attendance, perhaps in conjunction with a political visit to Tennessee at the height of campaign season, and that's why there is no date yet set for the SNS event. "We were advised by the Department of Energy that there's still a good chance the president may want to come this fall, so the prudent thing to do is wait," ORNL spokesman Billy Stair said. Senior writer Frank Munger may be reached at 865-342-6329. The Spallation Neutron Source is expected to play host to 2,000 scientists a year, likely pumping millions into the region’s economy. © 2006 - Knoxville News Sentinel ***************************************************************** 48 islandpacket.com: Congress needs to move on SRS plutonium project Hilton Head Island - Bluffton, SC Monday, August 21, 2006 South Carolina should not get stuck with highly radioactive material Published Monday, August 21, 2006 Add Comment At the Savannah River Site, the K Reactor is being put to a new purpose. It is storing weapons-grade plutonium. Thirty-four tons of the highly radioactive substance is on its way there from around the country. The reactor was not built to be used as a large storage facility, and this role is no long-term answer. Unless Congress gets its act together, however, that accumulating plutonium will be a long-term problem for South Carolina. If that happens, no excuse from Washington will be sufficient. South Carolina agreed, amid much debate, to take on the tough job of reprocessing this substance, which otherwise would be lethal for thousands of years. The federal government pledged to build at SRS a facility for transforming the weapons material into mixed-oxide fuel that could produce nuclear power. In effect, the stuff of nuclear bombs would become light and heat for homes and businesses in the Southeast. The project has been under way since 2002: More than $500 million has been spent, and design work on the reprocessing facility is almost complete. The plutonium has been coming in from across the United States. A bad time to stop and rethink the whole project? You might think so, but you're not Congress. A U.S. House budget bill has a big zero in it for the MOX project. The Senate has indicated its support for continuing the project -- as have the White House and the Department of Energy. But unsightly things can happen when Congress tries to compile a final budget in a hurry, as it is likely to do after Election Day this year. When the congressional break ends in September, the South Carolina delegation needs to step forward to ensure that the MOX project continues. One of the reasons cited for the budget cut is concern over a Russian parallel project for plutonium reprocessing that seems to be stalled. That should not bring the work at SRS to a halt. The Russians have reiterated their pledge to put 34 tons of weapons-grade plutonium to use. The disagreement is over how to proceed and not about the goal. However the Russian end of the arrangement works out, the project in South Carolina should proceed. There's a lot at stake here. About a half-billion dollars has been spent already. The plutonium is piling up in a building that is not any kind of long-term storage facility, and it can't just be left there for centuries. "Doing nothing is not an option with weapons-grade plutonium," says Rep. John Spratt, D-5th, who has worked to remind colleagues of the need to keep MOX going. At stake here, too, is the word of the U.S. government. If the Energy Department's past assurances are blown away by congressional whim, the respect accorded to the federal government, often in short supply already, will be further diminished. Right now, many members of the congressional delegation are meeting with constituents across the state. They need to be assuring the public that on this vital South Carolina project, they will keep their eye on the ball during the coming budget battle. And voters need to tell them to go back and make sure the MOX project is given the funding it needs, for the sake of South Carolina, the nation and the world. -- The (Columbia) State ***************************************************************** 49 Hanford News: Fluor ordered to pay whistleblower This story was published Saturday, August 19th, 2006 By Annette Cary, Herald staff writer Fluor Hanford retaliated against a worker who raised safety concerns at Hanford's K Basins, a Washington administrative judge has ruled. Richard Cecil was laid off after he challenged a 2003 management decision to operate a crane moving radioactive spent fuel despite a warning its brakes might be faulty, according to testimony in the case. Fluor has been ordered to pay Cecil $13,391 in back pay, plus interest. It also must post findings of the violation of the employee protection provision for 60 days on all bulletin boards at Hanford where Fluor's official documents are posted, the Department of Labor judge directed. Cecil, who started work at Hanford in 1988, was working as field-work supervisor at the K Basins in February 2003. While looking for the source of an unusual noise in the crane, workers found uneven brake wear that could tilt the cask and spill radioactively contaminated water, according to Cecil. He refused to sign the work order to return the crane to service until engineers certified it was safe. At a meeting to discuss the issue, Cecil and two millwrights ordered to put the brakes back together said the brakes needed to be reinstalled and a load test conducted before the crane was returned to operation. Managers at the meeting pushed to restart the crane quickly and "expressed displeasure with those who slowed this progress," according to the ruling. When the crane was not operating, the transfer of fuel out of the K East Basin stopped, and production goals could not be met. One manager confirmed that possible disciplinary action against one of the millwrights was discussed at the meeting when that millwright objected to reassembling the brakes, according to the ruling. In addition, two millwrights testified they believed their jobs were in jeopardy because a Fluor human resource officer who usually attended disciplinary actions attended the meeting on the crane's brakes after his regular working hours. The brakes were reinstalled, rather than replaced, and a load test performed. A few weeks later, Cecil was transferred to another job with less responsibility and little work to do. Less than two months later, Cecil was given an evaluation with reduced performance ratings, then laid off, according to the ruling. Cecil applied for several jobs beginning in May 2003, but was not rehired until the end of September. Administrative Law Judge William Dorsey wrote that the presence of a human resource officer at the brake safety meeting outside his regular working hours "was a deliberate management strategy to pressure the millwrights to get the crane back in operation as soon as possible, regardless of their misgivings." The judge also found a probable connection between the drop in Cecil's performance rating and evidence "that management harbored resentment toward him for slowing down the crane's production with his safety concerns." Two co-workers testified that managers said Cecil was laid off because he did not "keep his mouth shut." The judge said he was inclined to believe the workers, despite management denials. "The plaintiff has shown that Fluor retaliated against him for whistleblowing," the judge concluded. Cecil has 20 days to file for attorney fees. The ruling follows a September 2005 jury verdict awarding 11 Fluor Federal Services pipefitters $4.76 million in damages, noted the Government Accountability Project, which represented Cecil. The workers lost their jobs after they complained about safety problems or supported those who did. In addition, Fluor agreed to pay a $415,000 settlement out of court in July to a worker who lost his job after accusing Fluor of releasing hexavalent chromium into the ground in the 100 H Area in the early 2000s during cleanup work, said Tom Carpenter, GAP nuclear oversight director. Fluor released a statement saying there was no finding of liability in the case. "Mr. Cecil is just the latest victim in a campaign by Fluor Hanford against workers who voice safety concerns," Carpenter said. Fluor issued a statement saying there is room for improving the way safety concerns are raised and addressed, but, "Our general experience over the past 10 years is that Fluor Hanford employees who raise concerns are supported without retaliation. "Each employee has a right and a responsibility to stop work until concerns can be addressed," the company said. © 2006 Tri-City Herald. All rights reserved. ***************************************************************** 50 Hanford News: Judge refuses to grant TRIDEC's legal fees in initiative fight This story was published Saturday, August 19th, 2006 By Annette Cary, Herald staff writer A judge has refused to grant attorney fees to the Tri-City Industrial Development Council after it successfully argued that Initiative 297 is unconstitutional. TRIDEC had asked for $170,019 in legal costs after it was the only party in the federal lawsuit to argue that the initiative violates the Contract Clause of the U.S. Constitution. U.S. District Court Judge Alan McDonald ruled in June that the Hanford waste initiative violated not only the Contract Clause, but also the Supremacy and Commerce clauses of the Constitution. However, McDonald has denied TRIDEC's motion for attorney fees. He found that because the state had not enacted the initiative as law or enforced it, TRIDEC does not legally qualify for relief. Voters in 2004 passed the law to bar the federal government from sending more radioactive waste to the Hanford nuclear reservation before waste already there is cleaned up. The site is massively contaminated from more than 40 years production of plutonium for the nation's nuclear weapons program. But the federal government sued the state shortly before the initiative would have become law and the court agreed to issue a temporary restraining order. The state then agreed not to enact the initiative as law until the court made its June summary judgment ruling. TRIDEC has not decided whether to appeal the decision on legal fees, said Gary Petersen, TRIDEC vice president for Hanford programs. It was under a tight deadline to file the original motion for legal fees or miss any future opportunity to raise the issue in the appeals process. The state has filed an appeal of McDonald's constitutionality rulings and that issue may not be decided until next summer or later. TRIDEC is a nonprofit corporation and the legal bill for fighting the initiative must be paid by its members, Petersen said. Although the initiative would directly affect a few of its members, it did not affect all 368 members. The court agreed the initiative would have inhibited Battelle's ability to import necessary materials to conduct prostate cancer research and would have prevented Areva NP from important materials necessary for its production of nuclear fuel. The court said other existing contracts also likely would be impaired. TRIDEC would have preferred to seek attorney fees from Heart of America Northwest, which drafted the initiative, but legally could seek them only from the state, which was the plaintiff in the lawsuit, Petersen said. TRIDEC fought passage of the initiative, saying it could slow cleanup. In addition, DOE plans to ship more radioactive waste to other states for disposal than to Hanford, TRIDEC pointed out. The initiative could mean that Hanford waste might be left there if other states pursued similar legal action, it said. TRIDEC also questioned less-publicized sections of the initiative, including one that it said called for $300,000 to $3 million in tax revenue annually to be distributed to environmental advocacy groups, potentially including those supporting the initiative. In other news: Supporters of the initiative are joining the state in appealing the district court ruling that the initiative is unconstitutional to the 9th Circuit U.S. Court of Appeals. Yes on I-297, the Government Accountability Project, Heart of America Northwest, Washington Public Interest Research Group and other supporters have notified the court they are appealing the ruling. The state announced in July that it planned to appeal, believing the court ruling was unnecessarily broad. © 2006 Tri-City Herald. All rights reserved. ***************************************************************** 51 Hanford News: PNNL team discovers bacteria can make pearls of uranium This story was published Monday, August 21st, 2006 By John Trumbo, Herald staff writer Pacific Northwest National Laboratory scientists have discovered Shewanella oneidensis bacteria's dirty little secret. It oozes goo loaded with pearls of uraninite, said Jim Frederickson, chief scientist on the research project. Shewanella bacteria have the remarkable ability to oxidize heavy metal uranium, converting the deadly byproduct of nuclear age processes at Hanford into less harmful uranium dioxide, or uraninite. Shewanella bacteria have the ability to "breathe," or reduce, metals the way human beings process oxygen. When oxygen is unavailable, Shewanella can pass excess energy during respiration in the form of electrons to metal and alter the metal's chemistry in the bargain - for instance, turning soluble uranium into solid, insoluble uraninite (uranium dioxide). Researchers have known for 10 years that Shewanella microbes can do all this, but they haven't been able to figure out how, until now. Fredrickson's team has observed that Shewanella microbes secrete a slime, or extracellular polymeric substance, that contains the pearls of solid uraninite. And because it is slime, the uraninite tends to stick in the soil rather than flow. Fredrickson said this is a new direction for the research because it focuses on how the bacterium gets rid of the uraninite, almost as an intentional excretion. "It is an extension of the cell itself, kind of like growing a new appendage and then decorating it with these deposits," he said. "This may represent some kind of disposal mechanism for the cell," he added. Fredrickson and colleague Matthew Marshall are intrigued by why the Shewanella bacteria do this. If researchers can understand why the microbes convert the heavy metal uranium into uraninite, it could open new areas for how to use bacteria in cleaning up soil contaminated with radioactive waste. The U.S. Department of Energy estimates that uranium contaminates more than 2,500 billion liters of ground water nationwide. The agency has supported research for over a decade on the ability of naturally occurring microbes like Shewanella to slow or stop the underground migration of contaminates from streams, rivers and lakes. "The future is to work backwards and think like a bacterium," Fredrickson said. Lab scientists want to know why the uraninite pearls are no larger than five nanometers in size. "There has to be some kind of biological control going on," Fredrickson said. Marshall noted that uranium is very soluble and diffusible in water, which is why there is concern about the radioactive uranium plume at Hanford working its way to the Columbia River. But once the hot waste meets the Shewanella bacteria and changes into uraninite, it is much less soluble. Even more interesting is that the particles get enmeshed in the microbial slime, and become stuck in a "bacto-glue," Fredrickson said. "This stuff is sticky and goopy," he said. Marshall and Fredrickson used high resolution micropscopy to analyze the bacteria's proteins, which are suspected of being the key to understanding the processes. PNNL's team also collaborated with the Argonne National Laboratory to discover metal-reducing proteins in the uraninite that had become locked up in the slime. "The data Argonne gathered for us cemented our story," said Fredrickson. Most of the research at PNNL about Shewanella and the uraninite pearls was done in the 300 Area building, which is essentially right over the radioactive plume that is heading to the river. The research was funded by DOE's Office of Biological and Environmental Research, Environmental Remediation Sciences Program and Genomics: Genomes to Life. Part of this research was performed as a bio-geochemistry grand challenge at the W.R. Wiley Environmental Molecular Sciences Laboratory, a DOE national user facility located at PNNL, said lab spokesman Bill Cannon. © 2006 Tri-City Herald. All rights reserved. ***************************************************************** 52 DOE: Availability of Draft Strategic Plan and Request for Public FR Doc E6-13735 [Federal Register: August 21, 2006 (Volume 71, Number 161)] [Notices] [Page 48544] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr21au06-59] Comment AGENCY: Office of the Chief Financial Officer, Department of Energy. ACTION: Notice of availability of DOE Draft Strategic Plan and request for comment. SUMMARY: This notice announces the availability of the Department of Energy's draft Strategic Plan. The Government Performance and Results Act of 1993 requires that Federal agencies update their strategic plans every three years and, in doing so, solicit the views and suggestions of those entities potentially affected by or interested in the plan. Therefore, the Department is interested in receiving comments on our draft Strategic Plan. DATES: Comments are due by September 7, 2006. If comments are received late, we will consider them to the extent practicable. ADDRESSES: To access the draft strategic plan, go to http://www.energy.gov , on the left side of the Department's homepage under ``Quick Reference'' select the ``Strategic Plan--Public Comment'' icon. You can provide your comments on-line through the Web site or by e-mail to StrategicPlan@hq.doe.gov. If you wish to send written comments or have any questions, please direct them to: David Abercrombie, U.S. Department of Energy, Office of Program Analysis and Evaluation, CF-20, 1000 Independence Avenue, SW., Washington, DC 20585. FOR FURTHER INFORMATION CONTACT: David Abercrombie (202) 586-8664. SUPPLEMENTARY INFORMATION: The Government Performance and Results Act requires that each Federal agency update their strategic plan every three years, (5 U.S.C. 306), and submit their plan to the Congress. This draft Strategic Plan describes our mission, strategic goals, and strategies to achieve those goals. Public Participation Policy It is the policy of the Department to ensure that public participation is an integral and effective part of DOE activities and that decisions are made with the benefit of significant public perspectives. The Department recognizes the many benefits to be derived from public participation for both stakeholders and DOE. Public participation provides a means for DOE to gather a diverse collection of opinions, perspectives, and values from the broadest spectrum possible, enabling the Department to make more informed decisions. Likewise, public participation benefits stakeholders by creating an opportunity to provide input on decisions that affect their communities and our nation. We anticipate publishing the final Strategic Plan on September 30, 2006 and making it available on the Internet at that time. Issued in Washington, DC, on August 15, 2006. James T. Campbell, Acting Chief Financial Officer. [FR Doc. E6-13735 Filed 8-18-06; 8:45 am] BILLING CODE 6450-01-P ***************************************************************** 53 DOE: Ethical conduct of employees FR Doc E6-13736 [Federal Register: August 21, 2006 (Volume 71, Number 161)] [Rules and Regulations] [Page 48447-48449] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr21au06-1] Rules and Regulations Federal Register This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. [[Page 48447]] DEPARTMENT OF ENERGY 5 CFR Part 3301 10 CFR Part 1010 RINs 1990-AA19 and 3209-AA15 Supplemental Standards of Ethical Conduct for Employees of the Department of Energy and Residual Department Standards Regulation AGENCY: Department of Energy. ACTION: Final rule. ------ SUMMARY: The Department of Energy (Department or DOE), with the concurrence of the Office of Government Ethics (OGE), published an interim final rule on July 5, 1996, to establish standards of ethical conduct, applicable to employees of the Department, that supplement the Standards of Ethical Conduct for Employees of the Executive Branch issued by the Office of Government Ethics, and to revise the Department's residual standards regulation. The rule requires Department employees to document notices of disqualification and withdrawals of such notices in writing. It also requires that Department employees obtain the written approval of their immediate supervisor and the Department's designated agency ethics official or such official's designee prior to engaging in certain outside employment. The Department now discusses comments received in response to the interim final rule, and adopts that rule as final with certain changes to the Department's residual standards previously issued. DATES: This final rule is effective September 20, 2006. FOR FURTHER INFORMATION CONTACT: Sue E. Wadel, Deputy Assistant General Counsel for Standards of Conduct, Office of the Assistant General Counsel for General Law, GC-77, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585, telephone 202-586-1522. SUPPLEMENTARY INFORMATION: I. Rulemaking History On August 7, 1992, the Office of Government Ethics published the Standards of Ethical Conduct for Employees of the Executive Branch (Standards) (57 FR 35006). The Standards, codified at 5 CFR Part 2635 and effective February 3, 1993, establish uniform standards of ethical conduct applicable to all executive branch personnel. With the concurrence of OGE, 5 CFR 2635.105 authorizes executive agencies to publish agency-specific supplemental regulations that the agency determines are necessary and appropriate, in view of its programs and operations, to fulfill the purposes of the Standards. The interim final rule published for comment on July 5, 1996 (61 FR 35085) by the Department, with OGE concurrence, established supplemental DOE regulations under 5 CFR 2635.105, and the Department, in the same rulemaking document, revised its residual standards regulation at 10 CFR part 1010. The Department determined that the supplemental rule was a necessary supplement to the Standards because it addressed ethical issues unique to the Department, and was therefore necessary and appropriate to fulfill the purposes of the Standards. The rule, codified in new chapter XXIII of 5 CFR, consisting of part 3301, provided a 60-day comment period and invited comments by agencies and the public. Comments were received from two (2) sources. In a separate rulemaking action, on June 3, 1998 (63 FR 30109), the Department published a final rule that revised the part 1010 authority citation, amended Sec. 1010.102, and deleted old Sec. 1010.105. The final rulemaking today makes no further changes to the current regulations at 10 CFR part 1010 and 5 CFR part 3301. On March 1, 2000, the National Nuclear Security Administration (NNSA) was established as a separately organized entity within the Department of Energy. This rule applies to all Department employees, including those of NNSA. II. Summary of Comments Both sets of comments concerned 5 CFR 3301.103, which requires that Department employees obtain the written approval of their immediate supervisor and the Department's designated agency ethics official or that official's designee (ethics counselor) prior to engaging in certain outside employment. The comments addressed the prior approval requirement (Sec. 3301.103(a)) and the definition of ``employment'' (Sec. 3301.103(c)). No comments were received on Sec. 3301.102 requiring Department employees to document notices of disqualification and withdrawals of such notices in writing. Additionally, no comments were received on the revisions to the Department's residual part 1010 standards regulation in its own CFR title and the addition of cross- references to the new provisions. Section 3301.103(a) Prior Approval Requirement The comments suggested the rule is overly broad and unenforceable. It was specifically stated that: (a) The rule should cover only those employees in ``sensitive'' positions because they are the only employees whom the rule affects, thus preventing an otherwise unwarranted invasion of privacy; (b) the rule should not apply to unpaid employment because unpaid employment would not ``prejudice'' an employee; (c) the rule, interpreted broadly, would encompass many types of employment that are not the type the rule seeks to prohibit; and (d) the rule is unenforceable because there would be no way of ensuring compliance with the rule. The Department has determined that it would not be prudent to narrow the scope of the rule and that, in light of the purpose of the rule, the fear it would be unenforceable is not valid. The rule is designed to help ensure that Department employees do not inadvertently violate the criminal statutes and Federal regulations governing outside activities of Federal employees. Determining whether certain outside employment is prohibited is very fact-specific, and does not depend upon an employee's position or on whether outside employment is unpaid. The Department does not believe it is possible to craft a straightforward regulation that would plainly address, in advance, the myriad of situations which could be considered to be employment and to identify which of those situations would be prohibited [[Page 48448]] or in conflict with the Standards. It is the Department's view that whatever burden the prior approval requirement may impose upon some employees, it is more than compensated for by the prevention of violations of the applicable statutes and Federal regulations. It should be noted that the prior approval requirement is not designed to arbitrarily deny Department employees permission to engage in outside employment. In fact, the regulation makes clear that a request for approval will be granted unless it is determined that the outside employment involves conduct prohibited by statute or regulation. See 5 CFR 3301.103(b). In practice, since the interim final regulation has been promulgated, the vast majority of requests for approval to engage in outside employment have been routinely granted. The comments also maintained that the approval process contained in the rule, requiring approval to be in writing and obtained from an employee's immediate supervisor and ethics counselor, is unduly burdensome. It was specifically recommended that an employee's immediate supervisor be authorized to provide the necessary approval, and that verbal approval be allowed. The Department has not adopted these recommendations. DOE's ethics counselors are uniquely qualified to analyze, interpret, and apply the relevant statutes and regulations. Supervisors generally will not be able to make determinations regarding whether a specific fact situation may violate a statute or regulation. Further, the involvement of Department ethics counselors helps to ensure consistency in the interpretation and application of those statutes and Federal regulations. Written approval is the most effective way of documenting the approval process and it protects both the Department and the employee. Written approval can, as a practical matter, be more effectively relied upon by the Department in the event an employee seeks clarification about advice provided to him or her regarding outside employment, and by the employee in the event there is a dispute concerning the legality of an employee's outside employment activities. Disciplinary action for violating the Standards or these supplemental regulations will not be taken against an employee who has in good faith relied upon the advice of an ethics counselor, provided the employee, in seeking such advice, has made full disclosure of all relevant facts and circumstances. Where the employee's conduct violates a criminal statute, reliance on the advice of an ethics counselor cannot ensure that the employee will not be prosecuted under that statute; however, good faith reliance on the advice of an ethics counselor is a factor that may be taken into account by the Department of Justice in the selection of cases for prosecution. See 5 CFR 2635.107(b). Finally, one of the comments noted professional employees are governed by professional ethics rules and, therefore, the imposition of additional limitations is unnecessary and likely to result in conflicting ethical regulations. All employees of the executive branch, whether or not professional, must comply with the Standards and any other applicable statutes and regulations. Professional ethical obligations an employee may be subject to may be considered by the employee in addition to the applicable statutes and regulations, but shall not, under any circumstances, relieve an employee of his or her obligations under applicable statutes and regulations. Section 3301.103(c) Definition of Employment The regulation defines ``employment'' to exclude ``participating in the activities of a nonprofit, charitable, religious, public service or civic organization, unless such activities involve the provision of professional services or are for compensation.'' One set of comments objected to the exclusion of ``professional services'' from this exception to the definition of ``employment'' for the following reasons: (a) It would ``automatically eliminate all of our professional workers from all public service work,'' creating a socially undesirable outcome; (b) it ``constitutes an unfair labor practice, for, without any negotiation, it bars the union from using its professional members for standard collective bargaining activities;'' and (c) it is ``unnecessary'' because ``professional service provided by DOE professionals to public organizations is not related at all to their positions as government employees.'' Comments (a) and (b) exhibit a clear misunderstanding of the language of the rule. The definition of employment does not prohibit professionals from engaging in public service work or bar the union from using its professional members for standard collective bargaining activities; rather, it simply states that if an employee's involvement in public service work includes the provision of professional services, or is for compensation, then the employee may not rely on the exception and must, as is required for any other type of outside employment, receive prior written approval. Further, determining whether certain outside employment is prohibited is very fact-specific and does not necessarily depend upon the relationship between an employee's position and an employee's outside activity. III. Matters of Regulatory Procedure Review Under Executive Order 12866 Today's regulatory action has been determined not to be a significant regulatory action under Executive Order 12866, Regulatory Planning and Review (58 FR 51735, October 4, 1993), as amended by Executive Order 13258, Amending Executive Order 12866 on Regulatory Planning and Review (67 FR 9385, February 28, 2002). Accordingly, today's action was not subject to review under the Executive Order by the Office of Information and Regulatory Affairs, Office of Management and Budget. Review Under Executive Order 12988 Section 3 of Executive Order 12988, Civil Justice Reform, (61 FR 4729, February 7, 1996) instructs each agency to adhere to certain requirements in promulgating new regulations. These requirements, set forth in section 3(a) and (b), include eliminating drafting errors and needless ambiguity, drafting the regulations to minimize litigation, providing clear and certain legal standards for affected legal conduct, and promoting simplification and burden reduction. Agencies are also instructed to make every reasonable effort to ensure that regulations describe any administrative proceeding to be available prior to judicial review and any provisions for the exhaustion of administrative remedies. The Department has determined that today's regulatory action meets the requirements of section 3(a) and (b) of Executive Order 12988. Review Under Executive Order 13132 Executive Order on Federalism 13132 (64 FR 43255, August 10, 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 [[Page 48449]] on the distribution of power and responsibilities among the various levels of government. No further action is required by Executive Order 13132. Review Under Executive Order 13084 Under Executive Order 13084 on Consultation and Coordination with Indian Tribal Governments (63 FR 27655, May 19, 1998), DOE may not issue a discretionary rule that significantly or uniquely affects Indian tribal governments and imposes substantial direct compliance costs. This rule would not have such effects. Accordingly, Executive Order 13084 does not apply to this rulemaking. Review Under the Administrative Procedure Act and the Regulatory Flexibility Act The authorizing legislation for this rulemaking does not require notice and comment rulemaking. Moreover, this final rule relates solely to internal agency organization, management, or personnel, and as such, is not subject to the requirement for a general notice of proposed rulemaking under the Administrative Procedure Act (5 U.S.C. 553). Consequently, this rulemaking is exempt from the requirements of the Regulatory Flexibility Act (5 U.S.C. 603). Review Under the National Environmental Policy Act This final rule adopts as final the Department's interim regulations on standards of conduct. It will not change the environmental effects of the regulations being amended. The Department has therefore determined that the rule is covered under the Categorical Exclusion found at paragraph A.5 of appendix A to subpart D, 10 CFR part 1021, which applies to rulemakings interpreting or amending an existing rule that do not change the environmental effect thereof. Accordingly, neither an environmental assessment nor an environmental impact statement is required. Review Under the Treasury and General Government Appropriations Act, 2001 The Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516, note) provides for executive agencies to review most disseminations of information to the public under guidelines established by each agency pursuant to general guidelines issued by the Office of Management and Budget (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 final rule under the OMB and DOE guidelines, and has concluded that it is consistent with applicable policies in those guidelines. Review Under the Paperwork Reduction Act This final rule does not impose a ``collection of information'' requirement, as defined in 44 U.S.C. 3502(3). Review Under the Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995 requires each Agency to assess the effects of Federal regulatory action on State, local, and tribal governments and the private sector. The Department has determined that today's regulatory action does not impose a Federal mandate on State, local, or tribal governments or on the private sector. Congressional Notification The Small Business Regulatory Enforcement Fairness Act of 1996 requires agencies to report to Congress on the promulgation of certain final rules prior to their effective dates. 5 U.S.C. 801. That reporting requirement does not apply to this final rule because it falls within a statutory exception for rules relating to agency management or personnel. 5 U.S.C. 804(3)(B). List of Subjects 5 CFR Part 3301 Conduct standards, Conflicts of interests, Ethical conduct, Government employees. 10 CFR Part 1010 Conduct standards, Conflicts of interests, Ethical conduct, Government employees. Issued in Washington, DC, on August 2, 2006. David R. Hill, General Counsel, Department of Energy. Approved: August 10, 2006. Robert I. Cusick, Director, Office of Government Ethics. 0 Accordingly, the interim final rule adding 5 CFR part 3301 and revising 10 CFR part 1010, that was published at 61 FR 35085 on July 5, 1996, is adopted as a final rule with the changes published at 63 FR 30109 on June 3, 1998. [FR Doc. 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