***************************************************************** 10/13/06 **** RADIATION BULLETIN(RADBULL) **** VOL 14.243 ***************************************************************** 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 IPS-English KOREAN PENINSULA: Norths nuke test likely to 2 [NYTr] S.Koreans Learn to Stop Worrying and Get Used to the Bomb 3 Dpr Korea: Security UN Vote On Reported Nuclear Test Set For Saturda 4 Korea Herald: N.K. seen developing small nukes 5 Korea Herald: [David Ignatius] 'Principle of nuclear accountability' 6 INSIDE JoongAng Daily: [OUTLOOK] Sometimes we forgive too much 7 INSIDE JoongAng Daily: [EDITORIALS] Agreement is fragile 8 INSIDE JoongAng Daily: [VIEWPOINT]Can the North ever be tamed? 9 INSIDE JoongAng Daily: [EDITORIALS] Time for harmony with U.S. 10 SF Chron: The Nuclear Club Is Expanding / At loggerheads over North 11 AFP: China says will back 'appropriate' NKorea sanctions - 12 Korea Times: NKs Nuclear Threat - Now What? 13 Korea Times: Nuclear Blackmail 14 AFP: North Korea says ready to talk as Security Council readies reso 15 AFP: UN vote on NKorea sanctions in doubt after Russian, Chinese obj 16 AFP: Angry Japan slams door on NKorean imports 17 AFP: US prepared to face threats of retaliatory action by NKorea - o 18 AFP: Security Council reaches tentative accord on NKorea sanctions - 19 AFP: Latest UN NKorea draft rules out use of force - report - 20 AFP: Rice plans Asia trip to confer on North Korea test - US officia 21 AFP: White House has no definitive word on NKorea nuclear test - 22 Japan Times: Pyongyang warns Tokyo on sanctions 23 AFP: Non-aligned nations ask moderation on nuclear NKorea - 24 Guardian Unlimited: Rush for deal as doubts grow over nuclear test 25 Guardian Unlimited: Price of a broken deal 26 US: [NYTr] Bush's Nuclear Apocalypse 27 US: Nuclear Crisis Made in USA 28 [NYTr] Shaking Off Hiroshima: Japan Faces Its Nuclear "Taboo" 29 [toeslist] Old French Nuke tests "represented a slight (health) risk 30 Guardian Unlimited: Nuclear tensions bring supporters flooding NUCLEAR REACTORS 31 IPS-English EGYPT: Nuclear Ambition Could Mean a Presidential 32 US: NE StatePaper.com: NRC Chairman Says Nuclear Power Will Be Neede 33 IHT: After France stops data, nuclear power firms step in - 34 US: NRC: In the Matter of All Licensees Identified in Attachment 1 t 35 US: NRC: Atomic Safety and Licensing Board; Before Administrative Ju 36 CNN: Russia building nuke barge to power Arctic 37 AFP: US gives assurances on Indian nuclear deal - 38 Japan Times: Ehime reactor gets go-ahead to go pluthermal 39 US: UPI: Analysis: Inquiry into N.Y. nuke plant 40 US: NRC: Live NRC Meeting Webcast NUCLEAR SECURITY 41 Guardian Unlimited: Groups Question Nuke Plant Terror Risk NUCLEAR SAFETY 42 IEER's Latest: North Korea; Fernald; Calculate CO2 from Coal 43 [NYTr] Old French Nuke tests "represented a slight (health) risk" 44 [NYTr] DPRK Nuclear test angers Hiroshima survivors 45 US: SVA: Study of contamination at rocket lab site reveals evidence 46 US: Deseret News: Matheson acts on fallout study 47 US: FR Doc C6-7971 48 US: Salt Lake Tribune: Study cites fallout, illness link 49 US: DesMoinesRegister.com: Carlson: Fallout shelters have fallen by 50 US: courier-journal: Oppenheimer's flaws fascinate author 51 US: NRC: In the Matter of All Licensees Who Possess Radioactive Mate 52 IPS: HEALTH: Cancer Fears Emerge as Fallout of French Nuclear Tests 53 US: ANWAG: Presidential Signing Statement May Have Thwarted Congress 54 US: UPI: Study finds thyroid damage from nuke tests NUCLEAR FUEL CYCLE 55 Platts: DOE eyes Yucca Mountain waste repository rail alternative 56 DOE: Amended Notice of Intent To Expand the Scope of the Yucca Mt 57 US: San Bernardino County Sun: Water quality panel may select perchl 58 DOE: Supplement to the Final Environmental Impact Statement for Yucc 59 US: EnergyBiz Magazine: Where to Store Spent Nuclear Fuel 60 US: Tonawanda News: Town cleanup site a joke 61 US: PE.com: Senators prod EPA over new findings 62 US: AP Wire: EPA to clean radioactive soil in Ottawa PEACE US DEPT. OF ENERGY 63 DenverPost.com: Judicial legacy includes Rocky Flats, Neil Bush 64 IHT: Report: Guns can't fit through nuclear weapons plant barriers - ***************************************************************** ***************************************************************** FULL NEWS STORIES ***************************************************************** ***************************************************************** 1 IPS-English KOREAN PENINSULA: Norths nuke test likely to Date: Fri, 13 Oct 2006 14:57:29 -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 KOREAN PENINSULA: North's nuke test likely to affect South Korean economy Att.Editors: The following item is from the Emirates News Agency (WAM) SEOUL, Oct. 13 (WAM) - Uncertainties over North Korea's claimed nuclear test will last longer than expected, negatively affecting the South Korean economy, the Korea Institute for International Economic Policy (KIEP), a state-run think tank, said on Friday. North Korea conducted its first nuclear test on Oct. 9, causing concerns that increased regional tension may dent consumer and corporate sentiment. The atomic bomb test came at a time when the South Korean economy, Asia's fourth largest, is expected to grow around 5 percent this year. But high oil prices and a firmer won versus the U.S. dollar are causing concerns that economic growth may fall sharply in the second half of the year. South Korea's economic growth cooled to 0.8 percent in the second quarter, the slowest pace in more than a year, as the construction sector remained slow and consumer spending slackened. Next year, economic growth is forecast to slow to around 4.6 percent on a slowdown in the global economy, although some economic think tanks are predicting that it could fall to around 4 percent. "The North's nuclear test will lead to a capital outflow, and a fall in value of financial assets," the KIEP said. "If the incident lasts longer, real economic activities will be negatively affected." The research institute said the degree of impact on the economy will largely hinge on whether the North will conduct a second nuclear test, and China's stance toward economic sanctions on Pyongyang. (WAM) (WAM) ***************************************************************** 2 [NYTr] S.Koreans Learn to Stop Worrying and Get Used to the Bomb Date: Fri, 13 Oct 2006 20:27:31 -0500 (CDT) X-Sender-Host-Name: chumbly.math.missouri.edu X-Spam-Class: HAM Via NY Transfer News Collective * All the News that Doesn't Fit sent by Simon McGuinness The Independent - 13 October 2006 http://news.independent.co.uk/world/asia/article1868082.ece How South Koreans are learning to stop worrying and get used to the bomb By Clifford Coonan in Busan Fireworks lit the night sky in Busan, South Korea's secondlargest city, and an orchestra belted out a rousing anthem to launch this year's international film festival. Schoolgirls screamed and cameras flashed as the country's leading actors walked the red carpet, and traffic built up on the waterfront as usual. People still filled the restaurants, eating the national delicacy kanji and the shops were busy as they normally are on a Thursday night. Not exactly a picture of a country quaking with fear at the prospect of nuclear annihilation after the news that North Korea had tested a nuclear weapon. But South Koreans are resilient. For the people of Busan and the capital Seoul, the nuclear test is merely the latest in a series of stunts by North Korea's leader, Kim Jong Il, designed to prop up his regime, one that most Koreans consider bankrupt. This is not a real threat for them. Lee Chong Kuen, 55, who has a trading business, reckoned the test was just the latest ploy by Kim Jong-il to keep his military afloat. "North Korea's military needs to stay powerful so Kim can feel the country can compete with the US," he said. "He needs to keep the population poor and this is a great way to do it. "Of course Kim does not want people to live well; he wants to stay powerful. Kim should be condemned but I do feel genuinely sorry for the North Korean people because they are under a communist regime; they have no other choice." Although the international focus has been on the six-nation talks involving both Koreas, the US, Japan, China and Russia, Seoul has also been trying to work out a lasting peace treaty with Pyongyang to replace the armistice that ended the 1950-53 Korean war. Technically, the two have been at war since. The South Koreans have had to deal with a lot of sabre-rattling from across the border, which helps explain why most people shrug when asked about the test, and say they have seen it all before. There were the long-range tests in 1998 when a missile flew across the Sea of Japan, signalling that Pyongyang had intentions of nuclear might. Then there were the announcements that the North Koreans were building nuclear capability, that North Korea had left the nuclear Non-Proliferation Treaty in 2003, the news they had the bomb, more missile tests and finally this week's boast that they had tested a nuclear device. Kim Jong Il is said to crave international attention and has been irked by the focus on Iran's nuclear programmes and the way the world is fixated on Iraq, fellow members of the triumvirate that President George Bush calls the "axis of evil". Park Ji Yong, 23, a student of international politics at the elite women's college Ewha University in Seoul, said: "It's been a while since North Korea has been in the limelight. I don't think it's a big threat because they always use something like an attack to win international attention." On the waterfront in Busan, one woman said: "This has been going on a long time. He's always throwing around this nuclear issue, and hates losing limelight because of Iraq. Everyone thinks he's insane, but clever too. I don't really see it as a big threat. "Korea is now the ninth nuclear power so we feel we should also have nuclear weapons. Japan wants them too, so there's going to be a domino effect." Many South Koreans seem more worried about the cost of reunification. Hong Min Yong, a student in Seoul, said: "They're not like us. I'm worried reunification will bring down South Korea. Some students from the North came to my college on an exchange programme and I didn't feel a connection to them; they felt like foreigners. I can't forgive the North for the nuclear tests, but the Americans should have treated them better." Others feel North Korea needs support so when reunification happens, the economic and social costs will not be so high. The South Koreans have a lot to protect. Their liberal democracy is the world's 10th-largest economy and the streets are filled with sleek KIA sports utility vehicles and top-of-the-range Hyundais. Half of the country's 48 million people live in or around Seoul, said to be the world's second-largest metropolitan area. In North Korea, people are said to be so malnourished that they sometimes resort to boiling grass to stay alive. For a long time, until its workers were expelled from the country, the United Nations' World Food Programme fed 6.5 million of North Korea's 23 million people. Aid experts said Pyongyang did not like the warming of bilateral relations between South and North. Ms Park added: "We are all of the same blood. I am in support of aid of all sorts because reunification is inevitable and it's better to have a stronger North Korea to unite with than a weak one. Reunification right now is not the best solution and the US can't wage a war, because if North Korea is shattered, America will have to pick up the pieces." But there is a belief in South Korea that Korea's problems need to be solved by Koreans. Hong Seok Jun, 23, a business studies student, said: "There are two schools of thought. One is that the South Koreans should help North Korea but the other group thinks international help is better. I think [South Korean President] Roh Moo Hyun is doing a bad job because he is trying to bring down the South Korean economy by focusing on solving the problem ourselves without international help." * ================================================================ .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 Dpr Korea: Security UN Vote On Reported Nuclear Test Set For Saturday Morning Date: Fri, 13 Oct 2006 13:00:49 -0400 DPR KOREA: SECURITY COUNCIL VOTE ON REPORTED NUCLEAR TEST SET FOR SATURDAY MORNING New York, Oct 13 2006 1:00PM After further consultations today on what action to take against the Democratic People’s Republic of Korea (DPRK) over its reported nuclear test, the United Nations Security Council is set to vote tomorrow on a United States resolution that includes the interdiction of the country’s ships on the high seas. “This resolution certainly is going to permit that if this is adopted,” Council President for October Ambassador Kenzo Oshima of Japan told reporters when asked whether it would authorize states to interdict DPRK ships in international waters or if such action is prohibited under international law. “The relevant provision is going to say measures will be taken in accordance with national legislation and measures consistent with international law,” he added, saying that the resolution would be put to the vote fairly early tomorrow morning. Council members and experts have held intensive negotiations over the past few days on the resolution, which has been amended several times. The five permanent members who have veto power – China, France, Russia, the United Kingdom and the US – have been meeting together with Japan. Yesterday, Mr. Oshima said the UK, France, Slovakia and Japan would co-sponsoring the resolution and “several others indicated their support.” He noted then that the Chinese and Russian ambassadors “again explained their position.” Although all members strongly condemned the reported test in consultations on Monday, Mr. Oshima said on Tuesday that a major focus was whether to invoke Chapter VII of the UN Charter that allows for sanctions and the use of force in the case of a threat to or breach of peace. UN officials, led by Secretary-General Kofi Annan, have insisted on the urgent need for the DPRK to return to the Six-Party Talks that have been seeking to resolve the issue of its nuclear programme. The talks between China, DPRK, Japan, Republic of Korea, Russia and US have been going on sporadically in Beijing for several years. 2006-10-13 00:00:00.000 ___________________ For more details go to UN News Centre at http://www.un.org/news To listen to news and in-depth programmes from UN Radio go to: http://radio.un.org/ _______________________________ To change your profile or unsubscribe go to: http://www.un.org/apps/news/email/ ***************************************************************** 4 Korea Herald: N.K. seen developing small nukes North Korea may be moving to develop nuclear weapons small enough to place on missiles but needs "a few more years" before it can produce them, South Korean Defense Minister Yoon Kwang-ung said yesterday. "The South Korean government believes North Korea has been developing low-grade nuclear bombs, and they may be moving to develop (nuclear weapons) small enough to put on guided missiles as the next stage," Yoon told a closed parliamentary hearing. The government has been analyzing "various information" on the move, Yoon was quoted as saying. However, he echoed various experts' view that the North hasn't yet obtained the technology and "will take a few more years to deploy nuclear weapons for wartime use or miniaturize them to fit them onto missiles." Yoon also said South Korea would not become a nuclear-armed country even though North Korea's first nuclear test on Monday breached a 1992 inter-Korean declaration on making the peninsula nuclear-free. During the session, an opposition lawmaker claimed that North Korea may attempt to send low-flying AN-2 infiltration aircraft across the border for a nuclear attack against South Korea after obtaining technical expertise. "North Korea currently deploys some 300 AN-2s. If North Korea can minimize nuclear warheads into 1.5 tons, they can be put on the planes," Song Young-sun, a lawmaker at the main opposition Grand National Party, said during an inspection session at the Defense Ministry. Analysts say it may take about 10 years for North Korea to make nuclear weapons smaller and lighter. Saying that South Korea should be fully ready to counter any possible nuclear attack from North Korea, she argued that an AN-2 can land at one of the 106 golf courses in greater Seoul because it can successfully land on a strip of less than 250 meters. 2006.10.14 ***************************************************************** 5 Korea Herald: [David Ignatius] 'Principle of nuclear accountability' WASHINGTON - "Present at the Creation" was the title Dean Acheson gave to his memoir about the founding of the post-World War II order. Now, with North Korea claiming to have tested a nuclear weapon in defiance of the international community and Iran seemingly on the way, Harvard professor Graham Allison argues that we are present at the unraveling. The North Korean bomb test is a seismic event for the world community. It tells us that the structure created to maintain global security is failing. The five permanent members of the United Nations Security Council - the United States, Russia, China, Britain and France - all warned North Korea against taking this step. Yet the leaders in Pyongyang ignored these signals, and in the process blew open the Nuclear Nonproliferation Treaty. The North Korean leadership, puny in everything but weapons technology, has been marching toward this moment since the 1950s. It's unrealistic to think that, having brazened their way to detonating what they say is a nuclear bomb, the North Koreans will now give it up. The proliferation machine isn't going to run in reverse. In that sense, the question isn't how to repair the old architecture of nonproliferation - practically speaking, it's a wreck - but how to build a new structure that can stop the worst threats. What are the right cornerstones of this new security structure? I put that question to Allison, who is a national resource when it comes to questions of nuclear proliferation and deterrence. He wrote the definitive book, "Essence of Decision," on the Cuban missile crisis, the world's closest brush with all-out nuclear war. In recent years, he has been studying the danger of nuclear terrorism, and he edited a prescient discussion of the implications of a North Korean breakout that appears in the September issue of the Annals of the American Academy of Political and Social Science. Allison believes that the world community must now focus on what he calls "the principle of nuclear accountability." The biggest danger posed by North Korea isn't that it would launch a nuclear missile, but that this desperately poor country would sell a bomb to al-Qaida or another terrorist group. Accountability, in Allison's terms, means that if a bomb explodes in Manhattan that contains North Korean fissile material, the United States would act as if the strike came from North Korea itself - and retaliate accordingly, with devastating force. To make this accountability principle work, the United States needs a crash program to create the "nuclear forensics" that can identify the signature of fissile material of every potential nuclear state. Arms control expert Robert Gallucci describes this approach as "expanded deterrence" in his article in the September Annals. President Bush seemed to be drawing this red line of accountability when he warned Monday: "The transfer of nuclear weapons or material by North Korea to states or nonstate entities would be considered a grave threat to the United States, and we would hold North Korea fully accountable for the consequences of such action." Tough words, but are they credible? That's why the second essential pillar of a new security regime is a restoration of deterrence. The Bush administration warned North Korea over and over that it would face severe consequences if it tested a nuclear weapon. So did China and Russia, but Kim Jong-il went ahead anyway. Iranian leaders are similarly unimpressed by Bush's saber rattling, viewing America as a weakened nation bogged down by an unwinnable war in Iraq. To restore deterrence, the West needs to stop making threats it can't keep. And the United States must salvage its strategic position in Iraq - either by winning, or organizing the most stable plan for withdrawal. After the Cuban missile crisis, President Kennedy got serious about preventing nuclear war. He installed a "hotline" so the White House and the Kremlin could talk when crises arose; he negotiated the 1963 Test Ban Treaty; and he began the discussions that led to the 1968 Nonproliferation Treaty. That treaty worked adequately for almost four decades. Instead of the 20 nuclear states that Kennedy feared would exist by 1975, we had just eight, until last weekend. But the North Korean test threatens to begin what a 2004 U.N. commission warned would be "a cascade of proliferation" that could spread to Japan, South Korea, Iran, Egypt and Saudi Arabia. We are present at the unraveling. We must "think about the unthinkable" with new urgency. The United States and its allies must begin constructing a system that can succeed where the Nonproliferation Treaty has failed. A terrorist nuclear bomb in Manhattan or Washington isn't a thriller writer's fantasy; it's a probability, unless America and its allies establish new rules for nuclear accountability that are clear and credible. For an ongoing discussion of international issues, David Ignatius cohosts with Fareed Zakaria of Newsweek an online forum called PostGlobal, at www.washingtonpost.com. David Ignatius can be reached at davidignatius@washpost.com - Ed. (Washington Post Writers Group) 2006.10.14 ***************************************************************** 6 INSIDE JoongAng Daily: [OUTLOOK] Sometimes we forgive too much Octorber 14, 2006 KST 13:53 (GMT+9) South Korea's President Roh Moo-hyun is a fortunate man. Why? Because his people are very forgiving. Observers might say it makes no sense to call him fortunate. After all, Koreans are facing hard times and now the North has claimed to have conducted a nuclear test negotiating national security policy has become like walking on thin ice. Let me explain. The U.S. President George W. Bush is the most powerful man in the world. That is the reality whether he likes it or not. In a speech to the U.S. Congress on Jan. 28, 2003, Mr. Bush said that Great Britain's intelligence agency had evidence Iraq was making attempts to import uranium from Africa. That implied Iraq was pursuing nuclear weapons. But when the United States attacked Iraq, it found nothing to prove that. Ever since then, Mr. Bush has been criticized by the media. In briefings at the White House, reporters continue to ask about Saddam Hussein's lack of nuclear materials. They say, "The president told the people a lie, We need explanations." Journalists even confronted the president, asking "When did Iraq import uranium?" As a correspondent from Korea, I find this hard to understand. President Bush never said that Iraq possessed nuclear weapons. All he did was quote Britain's intelligence agency. But the media has persistently confronted the world's most powerful man as if the faulty British intelligence was his direct responsibility. "Isn't this too much?" I asked an American reporter I met at a seminar in Washington, DC. He answered, "The president should take responsibility for everything concerning national security." Now, maybe it's clear why President Roh is a fortunate man. For every mistaken assessment by Mr. Bush, President Roh seems to have made ten. In July of 2003, in an interview with ABC, he said "There is no evidence that North Korea has reproduced 8,000 nuclear fuel rods." In November 2004, in Los Angeles, he said North Korea's rationale [for its nuclear ambitions and missiles] was partly reasonable. In July this year, when North Korea test-fired a salvo of missiles into the East Sea, a presidential advisor said "they were not aimed at South Korea." Immediately after North Korea conducted a nuclear test on Monday, President Roh held a press conference at the Blue House. I wanted Korean reporters to confront him, American-style, on behalf of South Koreans, asking, "How would you explain to the people your misjudgments on national security and your remarks on the North's nuclear program?" But no one asked him to take responsibility. President Roh accepted questions from only three reporters, while occasionally smiling as if the situation posed no threats to his composure; then he left the room. President Roh once said he found it hard to serve as a president. However, I think our media, which is too tame, make South Korea an easy country in which to be president. One more thing. President Roh has lost a golden opportunity. After the nuclear test he could have seized the initiative. He could have taken his approval rating out of the basement. He could have shown his capacity to be a leader. But he failed to do any of these things. Mr. Bush did not make this mistake after the Sept. 11 terrorist attacks. Then Mr. Bush had a poor approval rating which had been sinking since he took office. Many regarded him as incompetent. However, in that national crisis, he was determined to been seen as the president of the country, it's undisputed leader in times of trouble. Standing center stage at the White House, he declared he would never forgive or compromise with terrorist attacks. Wearing a safety helmet, he went to the Ground Zero and embraced fire fighters. It's easy to argue now that the U.S. invasion of Iraq was a mistake. However, Mr. Bush took the tough decisions required of a leader who wishes to unite his country when chaos threatens in a time of a crisis. If only President Roh had visited the truce line immediatley after the North conducted its test, to shake hands with our soldiers there who have to risk their lives to protect the people, I think we would have all felt a lot more relieved. If he had said, "Fellow citizens, please trust me. I will protect your way of life no matter what," instead of making vague speeches at a sterile press conference, then I might have beem moved to tears instead of scorn. * The writer is the city news editor of the JoongAng Ilbo. by Kim Chong-hyuk 2006.10.13 Copyright by Joins.com, Inc. ***************************************************************** 7 INSIDE JoongAng Daily: [EDITORIALS] Agreement is fragile Octorber 14, 2006 KST 13:53 (GMT+9) Yesterday's South Korea-China summit had the same importance as the UN Security Council meeting on North Korea's nuclear test. The two countries have borders with North Korea, and give it the most economic support. In particular, China is North Korea's closest ally, and the chair country of the six-party talks. Thus the policies of China and South Korea are a key variable in the UN's dealings with Pyongyang. The two countries confirmed that the nuclear test was unacceptable and that North Korea must abide by its promise to denuclearize. They also urged North Korea to avoid any action that could aggravate the situation and return to the six-party talks. This means that China and South Korea have established a strong framework for working together; neither will acknowledge North Korea as a nuclear power and each demanded North Korea abandon its nuclear programs. This agreement was desirable; it meant the two countries stayed in step with the UN and the current position of the UN Security Council. Yet, the two countries left open the possibility of friction with the UN in the future, if the UN intensifies its actions against the North. Both South Korea and China attached the condition that their support will only be given to "necessary and proper" measures; which seems to imply that the two countries will oppose military sanctions. It also appears that two will carefully monitor financial sanctions. As a South Korean official put it, "We will participate if the financial sanctions are effective and if they are in concert with what the two leaders confirmed to be necessary and proper." When the UN Security Council presents its first draft resolution on financial sanctions, South Korea and China will submit it to careful scrutiny to make sure it suits their own interests. South Korea has the Kaesong Industrial Complex to protect. More crucially, China supplies 90 percent of North Korea's oil and they exchange thousands of truckloads of goods every month. Yesterday's summit meeting was only the start. Soon, when the UN resolution is enforced, there is the risk of more conflict between the nations involved. In that case, the UN Security Council's sanctions are bound to lose their impact and North Korea wil try to make use of that. If South Korea again takes an ambiguous attitude toward North Korea, differences between South Korea and the United States are bound to deepen. In that case, how can we guarantee the protection of the nuclear umbrella? 2006.10.13 Copyright by Joins.com, Inc. Terms of Use | ***************************************************************** 8 INSIDE JoongAng Daily: [VIEWPOINT]Can the North ever be tamed? Octorber 14, 2006 KST 13:53 (GMT+9) Former President Kim Young-sam mercilessly criticized former President Kim Dae-jung and President Roh Moo-hyun for having championed the engagement policy toward North Korea in the face of the whole nation. At a luncheon meeting held at the Blue House on Tuesday Mr. Kim said, "The situation we are in now is brought to us because former President Kim Dae-jung started the sunshine policy and President Roh Moo-hun, succeeding Mr. Kim's sunshine policy unfolded the engagement policy." He also asked the two to apologize to the people. It is regrettable to point out, but it was former President Kim Young-sam himself who started the "wrong engagement policy" toward North Korea. When he took power in 1993, he had the ambition to be a national leader, surpassing the status of being the first civilian president. In his inaugural address, Kim Young-sam proposed a summit meeting with North Korean leader Kim Il-sung. In the address, he mentioned a phrase that no previous presidents remarked before: "No ally can be better than the same nation." Does that remark mean that North Korea is better than the United States or Japan? The conservatives opened their eyes wide. The next day, Han Wan-sang, then deputy prime minister and minister of national unification and current president of the Red Cross, said at a press interview held upon his inauguration, "The unification, reconciliation and happiness of the same nation is more important than any thoughts or ideologies." It was another theory which put priority to the same nation. Something finally happened two weeks later. Kim Young-sam announced that he would send long-term prisoner Lee In-mo, 76, who had refused to convert from communism, to North Korea without conditions. Mr. Lee was the one North Korea asked to repatriate to the North because he suffered from illness but had no family members or relatives in the South who could take care of him, although he was released from prison in October 1988, after serving a prison term of 34 years. The Roh Tae-woo administration had been playing a tug of war with North Korea on the basis of reciprocity. The Roh administration asked North Korea to agree on the family reunion plan which included the establishment of a meeting place for separated family members dispersed to the South and North and allowing mutual visits of the family members to the other side in return for the repatriation of Lee In-mo. But Kim Young-sam simply threw away this important card. Two days later, a betraying return message arrived from North Korea. It was North Korea's declaration that it would leave the Nuclear Nonproliferation Treaty (NPT). Kim Young-sam agonized over the issue for some time. After a few days, he decided to take the position of solving the nuclear problem through talks and negotiations, and he sent Mr. Lee to the North as scheduled. North Korea gave him and his family a lot of privileges. The North Korean regime showed its people that if anyone stands by the communist belief, he would be rewarded with such privileges. Lee In-mo, probably was an effective stimulant that helped the North Korean people overcome a period of destitution called, "The hardship march," during the mid-1990s. North Korea was occupied with its nuclear development program and Kim Young-sam started to realize that he made a wrong decision. In his National Liberation Day address delivered on Aug. 15, 1993, Mr. Kim proclaimed that "It is not possible to shake hands with the one that holds nuclear weapons." Kim Jung-nam, who was in charge of the preparation of Kim Young-sam's inaugural speech and who later became the senior presidential secretary for education and culture, explained that the phrase, "No ally is more important than the same nation," was addressed to North Korean leader Kim Il-sung, not the people of South Korea. He said that it was a message, saying, "Your trusted allies Russia and China established diplomatic relations with us in the end. You should realize that the one you can trust in the end is no one else but the same nation, South Korea." Unfortunately, however, that statement contributed to the growth of the nation priority theory that North Korea and pro-North Korean forces in the South became so fond of. Kim Dae-jung and President Roh should have learned a lesson from the costly mistake of Kim Young-sam. They should have realized that reciprocity and alliance are important to tame North Korea. But it did not have much educational effect on Kim Dae-jung and President Roh. Kim Dae-jung in general succeeded in maintaining the Korea-U.S. alliance. However, he failed to ask reciprocity in his deal with the North. In order to materialize the historic South-North summit meeting in 2000, he paid $450 million to North Korean leader Kim Jong-il, but he failed to get back as much. President Roh has failed both in demanding reciprocity to North Korea and in maintaining alliance with the United States properly. He tried to abolish National Security Law, although North Korea did not budge an inch to revise its cruel criminal law. While North Korea was busy developing nuclear weapons, we clung to the issue of transferring the wartime control of our troops from Washington. Although it is belated, the president must change his way of thinking since the North which he tried to embrace so much has finally tested a nuclear device. After all, this is now a problem which our nation's fate may hinge upon. * The writer is an editorial writer of the JoongAng Ilbo. by Kim Jin 2006.10.13 Copyright by Joins.com, Inc. Terms of Use | ***************************************************************** 9 INSIDE JoongAng Daily: [EDITORIALS] Time for harmony with U.S. Octorber 14, 2006 KST 13:53 (GMT+9) The United Nations Security Council yesterday adopted a resolution to sanction North Korea. The resolution is softer than a U.S. draft resolution but still covers very stern measures. The question is how the South Korean government will respond to it. The government says it will abide by the resolution. But by looking at the atmosphere surrounding the governing party, one wonders whether the administration will implement the resolution as required. Some politicians blame the United States for the North's nuclear test and some make attempts to lower the level of sanctions. Kim Keun-tae, Uri party chairman, opposes joining the Proliferation Security Initiative. He also said he would visit the Kaesong Industrial Complex over which Seoul and Washington are debating whether to end or continue business cooperation between South and North Korea. Another big problem is that the government and the ruling party have revealed their intention to continue business cooperation in the Kaesong Industrial Complex and Mount Kumgang tourism project. Washington believes that cash which is funneled to the North through these businesses is used by North Korea for developing weapons of mass destruction. The South Korean government should consult closely with Washington to make an agreement on this, whether it halts or continues those projects. Measures which can overly intensify tension on the Korean Peninsula should be avoided. South Korea should have dialogue with North Korea, if needed. However, now is not the right time because North Korea has passed the line by conducting a nuclear test. The most urgent thing to do for now is to make North Korea feel that tremendous punishment is being made against it in return for its nuclear test. It is not too late to have dialogue with Pyongyang after implementing stern sanctions. In this way, the odds in having dialogue become higher. North Korea does not care about South Korea. The North's statement regarding its nuclear test is for the United States. It is clear which path South Korea should take. South Korea should know that a resolution cannot view the North's nuclear crisis as an issue between the two Koreas. The North's nuclear crisis is an international matter that the United Nations Security Council has intervened in. Thus, perfect cooperation with Washington is needed more than anything else. The ruling party should bear in mind that this is the most crucial time for national security and should drop dangerous ideas. 2006.10.13 Copyright by Joins.com, Inc. Terms of Use ***************************************************************** 10 SF Chron: The Nuclear Club Is Expanding / At loggerheads over North Korea [San Francisco Chronicle] Gloria Duffy Friday, October 13, 2006 North Korea's announcement on Sunday that it had tested a nuclear weapon was hardly a bombshell, to make a bad pun. From removing plutonium from power reactors to firing off ballistic missiles July 4 to this crude underground nuclear test, Kim Jong Il has done everything he has threatened to do in his 12-year march toward full membership in the nuclear weapons club. Treaties, negotiations, threats and sanctions have done little to sway him from his path. And yet, "Dear Leader" must leap higher hurdles before his nuclear weapons can directly threaten other countries. Further testing, redesigning, manufacturing the warheads, additional testing and re-engineering of missiles and then emplacing the warheads on missiles and successfully deploying them are a few of the steps the North Koreans still need to take to be able to directly threaten other countries with nuclear weapons. This process will take from a number of months to a few years. We do have the military power to strike the North Korean test sites now and to set back their nuclear program significantly. The risk of this approach, however, is North Korean military retaliation against South Korea, and possibly Japan, and that must be weighed against the benefits of any such a strike by the United States or its allies. To continue down their nuclear road, the North Koreans still need funds, technology and components from outside the Democratic People's Republic (DPRK). Thus, a viable approach for the United States and its allies in dealing with this threat is to adopt what I would call "defensive sanctions," designed to prevent the North Koreans from obtaining full nuclear weapons capability and to keep them from exporting WMD-related technologies to other countries or terrorist groups. On Wednesday, the Bush administration prudently proposed to inspect all cargo moving in and out of North Korea for nuclear-related contraband. The necessary adjunct to this is financial intervention to cut off the flow of money, much of it from illegal activities such as drug trafficking and counterfeiting, that Kim Jong Il uses to fund his military and weapons programs. Cooperation from North Korea's neighbors, especially trading partners South Korea, China, Japan and Russia, will be necessary for these measures to work. Defensive sanctions are distinct from what might be called "punitive sanctions," such as cutting off aid or trade more broadly, which seem to have little effect on the DPRK's behavior. Punitive sanctions also punish North Korean citizens, which Kim Jong Il uses to demonize the United States, thus strengthening the siege mentality among the North Korean people. While actively denying North Korea access to further weapons technology, the longer-term solution to the anti-social behavior of this rogue nation will be increasing penetration of information, media, ideas, consumer goods and human contact from more advanced societies. Ultimately, these are the forces that brought down the Iron Curtain and the Berlin Wall, are causing China to evolve from within, and will likely sweep Castroism from Cuba when Fidel and his brother Raul pass from the scene. South Korea's "sunshine policy" of the past few years is designed to produce such a result in North Korea and should be continued, balanced with the defensive sanctions described above. Standing back from the crisis with North Korea, the worldwide situation with regard to the spread of nuclear weapons is grim. With Pakistan in 1998, North Korea today and perhaps Iran in the future joining the nuclear club, the international nonproliferation regime is tattered. I have always thought it a quaint notion that nuclear power for generating energy could spread without leading to the spread of nuclear weapons. Once a country has nuclear power reactors, it has access to the basic material -- plutonium or enriched uranium -- to make nuclear weapons. Once it obtains facilities to reprocess plutonium or further enrich uranium, which are available either on the black market or through controversial sales such as Russia's offers of enrichment capabilities to Iran, a country can manufacture a bomb relatively easily. Each of the countries that have obtained nuclear weapons over the past three decades -- India, Pakistan and North Korea -- has done it under the guise of generating civilian nuclear power. Iran is following the same path. North Korea got its nuclear reactors from the Soviet Union, Iran from Russia, India from Canada and Pakistan from Canada, China and France. A framework of treaties and inspections was designed in the 1960s and 1970s to establish a firewall between commercial nuclear power generation and nuclear weapons. But that structure is not effective when countries choose to opt out of it, as several countries are doing today. We should remember this as we contemplate reinvigorating the nuclear power industry as a "clean energy" solution, in our effort to avoid global warming. Continuing to spread nuclear technology worldwide could be the dirtiest energy solution ever, as it produces more nuclear weapons to threaten global peace and stability. Gloria Duffy, president and CEO of the Commonwealth Club, negotiated nuclear disarmament agreements for the United States as a Pentagon official during the Clinton administration. Page B - 11 The San Francisco Chronicle] ***************************************************************** 11 AFP: China says will back 'appropriate' NKorea sanctions - Friday October 13, 09:48 AM [South Korean President Roh Moo-hyun (L) with his Chinese counterpart Hu Jintao at the Great Hall of the People in Beijing] BEIJING (AFP) - China and South Korea have pledged to back "appropriate" UN Security Council measures against North Korea as world powers groped for a deal on how to punish the regime for its declared nuclear test. At talks in Beijing dominated by the crisis, President Hu Jintao and South Korean counterpart Roh Moo-hyun condemned the test but did not discuss details of a US-proposed draft resolution being debated by diplomats. The move came amid intense haggling at the United Nations (Advertisement) [ src=] on the scale and nature of sanctions and ahead of a high-level US diplomatic drive to reign in the Stalinist nation. "The two leaders agreed to support appropriate and necessary countermeasures by the UN Security Council against North Korea," Roh's chief security adviser Song Min-soon said. Song said the leaders did not go into specifics of the draft, adding only that "both parties will hold follow-up negotiations on the effects of UN-led or individual sanctions." The United States earlier said that it had narrowed differences with China and Russia on a resolution that would impose tough sanctions, although it was unclear when a vote might take place. China, North Korea's closest ally and biggest aid donor and trade partner, is key to agreeing a unified response in the nuclear crisis but has cautioned that "punishment is not the goal" of sanctions. South Korea, for its part, has long championed a policy of engagement with Pyongyang, fearing it has most to lose from instability that would result from the collapse of one of the world's most impoverished and isolated states. Speaking during a break in their talks, Roh said that he and Hu agreed to work closer together on North Korea. "I hope we will continue to strengthen our cooperation on this issue," Roh said. "In the small group meeting we have also reached consensus towards this end." Meanwhile Japanese news agencies reported US Secretary of State Condoleezza Rice would visit China, South Korea and Japan next week for high-level talks. Citing unidentified sources in Washington, they said the trip, along with the push for sanctions at the UN Security Council, was meant to send a "strong message" to Pyongyang after Monday's shock announcement that it had tested an atom bomb for the first time. According to the New York Times, Rice may be looking for punitive measures "over and above" those being considered at the United Nations. The State Department in Washington was unable to confirm the reports, which said Rice would be in Japan on Tuesday or Wednesday before heading on to China and then South Korea. Separately, Moscow announced Russian Prime Minister Mikhail Fradkov would visit Seoul next Tuesday for talks with his South Korean opposite number Han Myeong-Sook on the crisis. The RIA Novosti news agency said Russian Deputy Foreign Minister Alexander Alexeyev had flown Friday to North Korea for talks. The diplomatic shuttle means senior officials from all sides involved in six-nation talks on Pyongyang's nuclear programme will be in the region next week. The talks, which North Korea has boycotted since last November, groups the two Koreas, China, Japan, Russia and the United States. Japan meanwhile approved its own bilateral sanctions, including a complete ban on imports and all visits by North Korean ships. "The additional sanctions are going to take effect at midnight (1500 GMT)," Chief Cabinet Secretary Yasuhisa Shiozaki told reporters. In New York, the United States said it hoped a UN Security Council vote on sanctions could be held by the end of the week. "I don't want to say we've reached agreement yet," US ambassador to the UN John Bolton told reporters Thursday, "but many of the significant differences have been closed, very much to our satisfaction." The US draft condemns the test, calls for inspection of all seaborne cargo to and from North Korea and an array of financial and military sanctions. It also demands Pyongyang scrap all programmes involving nuclear weapons, other weapons of mass destruction and ballistic missiles. However it dropped an earlier Japanese demand that all UN member states bar North Korean ships and aircraft from their airports and seaports. In Seoul, an estimated 2,000 protesters angry at Roh's "sunshine" policy torched North Korean flags and portraits of its leader Kim Jong-Il. They also called on Roh to quit dithering over how to punish Pyongyang. "Overthrow Kim Jong-Il!" they chanted. "Kim Jong-Il is a criminal who made atomic bombs!" AFP ***************************************************************** 12 Korea Times: NKs Nuclear Threat - Now What? Hankooki.com > The Korea Times > Opinion Ralph A. Cossa President of Pacific Forum, Center for Strategic &Int¡¯l Studies North Korea's Nuclear Threat: Now What? HONOLULU, Hawaii - North Korea announced on Tuesday that it ``will, in the future, conduct a nuclear weapons test,¡¯¡¯ promising that it will be done under conditions where ``safety is firmly guaranteed.¡¯¡¯ While Pyongyang did not say when this test would occur, it made it clear that it felt compelled to take such action because of ``the U.S. extreme threat of a nuclear war and sanctions and pressure.¡¯¡¯ Should we take this threat seriously? North Korea has threatened such action before, although only in private. A public threat such as this is difficult to ignore (although many will try to do just that). Some will speculate that this is merely another attention-getting device (Iran-envy?), and this may be at least partially true. It may also be aimed at drawing attention from an imminent South Korean success story _ the anticipated selection of South Korean Foreign Minister Ban Ki-Moon to be Kofi Annan's successor as U.N. Secretary General. Examples of previous attempts by North Korea to get attention and/or to upstage the South are too numerous to recount here. Pyongyang may be bluffing, hoping that this will force Washington to lift its financial restrictions against North Korea's counterfeiting and money laundering operations or at least accept bilateral negotiations on the nuclear issue _ to date, Washington has said it would only meet the North bilaterally within the context of the broader six-party talks (also involving South Korea, China, Japan, and Russia). Pyongyang may see this as a ``win-win¡¯¡¯ gambit: either Washington gives in to its demands for direct negotiations (which is unlikely) or renewed disputes about Washington's ``inflexibility¡¯¡¯ will drive deeper wedges between Washington and its negotiating partners, especially in Seoul and Beijing, while also playing into domestic U.S. election year politics. North Korea's next step may be to do nothing at all, other than to sit back and watch the rest of the world argue about what to do next. It is also possible that Pyongyang really means what it says, and that it will soon conduct a nuclear weapons test, hoping that unlike its July 2006 missile tests _ which resulted in a rare instance of international condemnation (including a surprisingly tough U.N. Security Council resolution) _ this time the international community will fail to speak with one voice and institute even harsher measures. If we choose to wait and it turns out that Pyongyang is not bluffing, we will be faced with nothing but bad choices. The best way to deter Pyongyang from taking this next step is to send clear signals in advance that there will be severe consequences if such actions are taken. While Washington seems prepared to lead this charge, unfortunately it has the least leverage over the North (unless it plans to capitulate to Pyongyang's demands). There is little that Washington (or Tokyo) can do, politically or financially, that it has not already done and military actions are simply not an option. If we are to ``preempt¡¯¡¯ a North Korean nuclear test, it must be done politically, not militarily. The real leverage rests with Seoul and Beijing; no threatened consequences are credible if not fully backed by these two nations and, preferably, by Moscow as well. Seoul should announce that a nuclear test will result in a halt to all political and economic exchanges between the North and South (other than humanitarian assistance, which would be funneled exclusively through the U.N.). After all, Seoul has long stated that it ``will not tolerate¡¯¡¯ a nuclear North Korea. While it has chosen to dismiss the North's earlier claims to already be a nuclear weapons state, the Roh Moo-Hyun administration's international credibility (and perhaps even the fabric of the U.S.-ROK alliance) will be severely tested if it fails to respond to an actual nuclear test. China and Russia should issue similar statements, plainly stating that the North Korean regime's threatening tactics must change. Beijing should also set a date certain for the next round of six-party talks to discuss the crisis, while making it clear that a ``six-minus-one¡¯¡¯ session will occur if the North refuses to come. Washington should encourage Seoul and Beijing to take the lead on this issue and look for other sympathetic Security Council members (the French come immediately to mind) to help take the lead in building an international consensus aimed at sending Pyongyang a strong message, in advance of a nuclear test, as to just how severe the consequences of such an action would be. There is another option. Beijing, Seoul, and the never-ending (and growing) legions of Bush administration critics can continue their internecine arguments and finger-pointing and hope that Pyongyang is really bluffing. Of course, if they guess wrong, we will then be faced with the near-impossible task of trying to put the nuclear genie back in the bottle. At that point, the only options will be to accept North Korea as a nuclear weapons state or take the much more difficult (and potentially dangerous) political, economic, and limited military actions (short of an all-out war) required to bring about regime change in North Korea. 10-13-2006 18:49 ***************************************************************** 13 Korea Times: Nuclear Blackmail Hankooki.com > The Korea Times > Opinion Unprecedented Security Situation Requires Totally New Response North Korea¡¯s test of a nuclear weapon has ushered in a security environment that has never been experienced on this peninsula. Our military authorities need to work out new strategic security countermeasures focused on defense against nuclear bombs. Though the debate over whether or not the test was successful continues nationwide, we have to push ahead with relevant preparedness measures under the presumptions that Pyongyang is equipped with nuclear weapons and that we are already under siege. The Defense Ministry has already worked out a long-term military buildup program to be conducted by 2020 in preparation for the return of wartime operational control from the U.S. But the buildup program with an emphasis of deterring conventional war has become insignificant in the face of a weapon of mass destruction. Defense Minister Yoon Kwang-ung rightly pointed out in testimony to the National Assembly that our defense strategy based on non-nuclear weaponry has to be revamped to meet the new security environment. Military drills against nuclear attacks based on a new strategic plan will have to be intensified. More importantly, we have to seek ways to use the U.S. nuclear umbrella more effectively. Some analysts are calling for Washington to supply the U.S. forces in Korea with tactical nuclear weapons again. But others oppose the idea on the grounds that it could ignite a nuclear arms race on the peninsula. The idea should be considered if the situation worsens. The important thing at this point is to maintain close military cooperation with allied nations. However, South Korea is feared to be separating from the U.S. on the intensity of the sanctions to be imposed against the North. In particular, a leader of the ruling Uri Party expressed his opposition to joining the Americanled Proliferation Security Initiative aimed at intercepting North Korean ships suspected of carrying weapons materials for fear of provoking an armed clash between the South and North. The U.N. Security Council is expected to shortly adopt a stringent resolution calling for all member nations to slap sanctions on Pyongyang. We need to be in step with the international community, which positively wants to punish the North. However, the lawmakers of the ruling camp are opposing even stringent economic sanctions, calling for the continuation of the engagement policy. They may be worrying that Pyongyang, if driven into further economic hardship, could become more dangerous. But at this crucial juncture, nothing is more dangerous than being isolated from the international community. We shouldn¡¯t treat the North as if nothing has happened. It is time to keep pace with the U.S. and other allied nations. That is the best way to deal with the crisis, both diplomatically and militarily. 10-13-2006 18:48 ***************************************************************** 14 AFP: North Korea says ready to talk as Security Council readies resolution - Fri Oct 13, 12:56 PM ET MOSCOW (AFP) - North Korea" /> has said it was ready to talk as world powers reached a tentative deal on a package of sanctions to punish Pyongyang for its declared nuclear test four days earlier. North Korean officials "in the near future... want to resolve problems connected to denuclearisation on the Korean peninsula through negotiations," Russian Deputy Foreign Minister Alexander Alexeyev was quoted as saying in the North Korean capital on Friday. There is "a desire to find a way out of the existing crisis situation and to find a way to restart six-sided talks," ITAR-TASS news agency quoted Alexeyev as saying. Earlier Friday, Russia's foreign ministry press service quoted Alexeyev as saying: "We intend to do everything we can to prevent a worst-case, confrontational scenario." His visit to Pyongyang came as the UN Security Council edged closer to a package of sanctions, with the US ambassador to the United Nations" /> saying on Friday that the council had reached a tentative agreement on a compromise draft resolution. US Ambassador John Bolton told reporters on Friday that the vote would take place "tomorrow morning", after the text is finalised, with possible "additional changes". Japan's UN envoy Kenzo Oshima, the council's president for October, confirmed that a vote was planned for Saturday morning. "All council members are asked to come back tomorrow," Oshima said. The latest text, drafted by council experts late Thursday after envoys of UN powers resolved some of the key outstanding issues, invokes Article 41 of the UN Charter, which authorises sanctions not involving the use of force, such as economic and diplomatic sanctions. This was a key concession to veto-wielding China, North Korea's closest ally and its biggest provider of aid, which insisted on including Article 41. The White House, meanwhile, denied on Friday any ideological split with China -- North Korea's closest ally but which led condemnation over Monday's test -- over the content of the resolution, and said the draft document was "very good". The draft, essentially based on US proposals, calls for wide-ranging economic, military and financial sanctions, particularly targeting North Korea's nuclear, ballistic missile and other weapons of mass destruction programs. It drops a blanket arms embargo in an earlier draft and instead calls for a ban targeting missiles, tanks, warships and combat aircraft as well as inspection of all cargo to and from North Korea. It also calls on Pyongyang to return immediately to six-party nuclear disarmament talks "without precondition". Japan's new Prime Minister Shinzo Abe pledged Friday to do as much as possible to implement the sanctions. "If the United Nations adopts a resolution (on sanctions), Japan will do as much as possible about it as a matter of course," Abe told reporters at his executive office. On Monday North Korea sparked worldwide condemnation with its triumphant announcement that it had carried out its first atom bomb test. One of the most isolated and impoverished nations in the world, reliant on outside aid to feed its people, North Korea called the blast a "historic event" that had been carried out safely for the betterment of security and peace. China led world condemnation of the bomb test announced by Pyongyang and initially called for punitive action, while South Korea" /> said it may consider abandoning its "sunshine policy" that has helped prop up the bankrupt communist state since 1998. North Korea has so far reacted defiantly, warning Wednesday that it would regard harsh sanctions as a declaration of war and threatened further atomic trials if the United States kept up its pressure. There has still been no independent verification that Monday's explosion was caused by a nuclear device, and air samples -- a key piece of evidence to corroborate the North Korean claims -- collected by a US military aircraft showed "no evidence of nuclear debris", a US defence official said Friday. "Sometime in the last 24 hours, the initial analysis came back and there was no evidence of nuclear debris," said the official, who spoke to AFP on condition of anonymity. "Based upon the analysis, we can't prove it was a nuclear explosion, and we can't say it wasn't," said the official. "We're sort of in a pickle." Also on Friday, the UN children's fund warned that any sanctions must not affect children in North Korea. "UNICEF is concerned that whatever sanctions are imposed should be designed and implemented in such a way as to avoid a negative impact on children," a spokesman for the agency, Michael Borciukiw, said. Copyright © 2006 Agence France Presse. All rights reserved. The ***************************************************************** 15 AFP: UN vote on NKorea sanctions in doubt after Russian, Chinese objections - Fri Oct 13, 7:50 PM ET UNITED NATIONS (AFP) - Last-minute Russian and Chinese objections to a compromise draft resolution on mandatory sanctions against North Korea" /> North Koreaover its declared nuclear test cast doubt on prospects for a vote Saturday, diplomats said Friday. US Ambassador John Bolton said that during private consultations among key UN powers Friday, the Russian delegations called for some changes after receiving instructions from Moscow. "I thought we had agreed to go to a vote tomorrow morning," the US envoy said. He said envoys of the council's five veto-wielding members -- Britain, China, France, Russia and the United States -- plus Japan would now meet Saturday morning prior to private consultations by the full 15-member council to take stock ahead of a decision on a vote. "The vast majority of members want to vote as soon as possible," Bolton told reporters, adding that the co-sponsors were now awaiting to hear from their Russian and Chinese colleagues once they get new instructions from their capitals overnight. Earlier, Bolton said the Council had reached a tentative agreement on a draft resolution mandating wide-ranging and legally binding sanctions on North Korea, but excluding the use of force. US ambassador to the UN John Bolton told reporters that the vote would take place on Saturday morning after the text was finalized with only cosmetic changes. But asked if a vote would take place Saturday, China's UN envoy Wang Guangya replied: "It all depends on the final text-- because we are not at the final text yet." In Moscow, Russian Foreign Minister Sergei Lavrov cast doubt on whether the UN Security Council would present a united front at Saturday"s meeting. Speaking Friday after a meeting with a senior Chinese official in Moscow, Lavrov said that the current draft resolution "contains elements that should be discussed and clarified and on which we will work," Russia's RIA-Novosti news agency reported. After Friday's meeting in Moscow with Tang Jiaxuan, a member of China's state council, Lavrov said China and Russia agreed "on the need to condemn this provocative challenge from Pyongyang." "On the other hand, we have a common position with China on the necessity of pursuing a balanced approach, not to give in to emotions, to some extreme sanctions," Interfax news agency quoted Lavrov as saying. Copyright © 2006 Agence France Presse. All rights reserved. The ***************************************************************** 16 AFP: Angry Japan slams door on NKorean imports by Harumi Ozawa Fri Oct 13, 7:52 AM ET TOKYO (AFP) - Japan has banned all imports from North Korea" /> , hoping to inflict pain on the communist state's fragile economy in retaliation for its nuclear test. Packing their boats with bicycles, appliances and whatever else they could find, North Koreans raced to meet a midnight (1500 GMT) deadline for their 22 ships to leave Japanese ports on Friday. Japan's unilateral move cuts off a market for North Korean money-makers such as clams and crabs along with matsutake mushrooms -- which fetch hefty prices in Japan for their supposedly refined flavor. Japan hopes the ban will have repercussions on North Korea, Trade Minister Akira Amari said after a cabinet meeting approved the measures. Exports of marine products and matsutake mushrooms "have been a source of financing for their military," Amari said. "I think there will be a considerable impact." In Sakai port in western Tottori prefecture, where 11 North Korean ships were docked, crew members bound a mountain of second-hand bicycles onto their boat. "The crew members seem to be in a hurry loading lots of goods as they have to leave today," said port official Yasutake Nakamura. In northern Otaru port, the four North Korean cargo ships that had brought sea urchins to Japan were taking back everything they could, said local official Makoto Chikazawa. "They left with loads of goods, from old bicycles to fridges to desks," Chikazawa said. Japan's action comes as it lobbies at the UN Security Council for international sanctions against North Korea. Japan is particularly sensitive as Pyongyang fired a missile over its main island in 1998. But Japan has already slapped most of the sanctions at its disposal against North Korea, which conducts the bulk of its limited trade with China and South Korea" /> . "I don't think the damage incurred by Japanese unilateral sanctions is going to be significant," said Lee Yong-hwa, a North Korea expert at Japan's Kansai University. "The amount of trade with Japan is limited." Japan imported 17.6 billion yen (148 million dollars) worth of goods -- largely seafood, mushrooms and tailored suits -- from the North in 2004. Japan banned the main ship between the countries, visits by diplomats and charter flights in response to Pyongyang's missile tests in early July. On Wednesday, Japan said it would not allow visits by any North Korean nationals, apart from the thousands of North Koreans who were born in Japan in a legacy of Tokyo's brutal colonial rule of the Korean peninsula. Details of the sanctions were announced Wednesday but needed the final green light from Prime Minister Shinzo Abe's cabinet. Abe, who took office last month after a career built as a hardliner on North Korea, has vowed to make the communist state pay dearly for its nuclear test announced Monday. His government said the sanctions were part of Abe's pledge to create a more assertive Japan that does not wait in defending its interests. US Secretary of State Condoleezza Rice" /> is reportedly due to visit China, Japan and South Korea next week. But Yuriko Koike, the national security advisor to Abe, warned that US attention could drift with US midterm elections coming up and tension over Iran" /> and Iraq" /> . "What I'm interested in after visiting the United States is watching how much concern and commitment we can attract from the United States," Koike said. In an interview with Kyodo News in Pyongyang released Thursday, Song Il-ho, the North Korean ambassador handling relations with Japan, warned of "strong countermeasures" in response to the sanctions. Japan's land ministry summoned about 30 officials to a meeting to urge them to increase surveillance against possible attacks by North Korean agents. "Make sure to have more thorough checks at every place, so people will not worry," Yoshiaki Hirayama, the ministry's official in charge of crisis management, told them. Japan's police chief Iwao Uruma also urged stations nationwide to be on high alert. Copyright © 2006 Agence France Presse. All rights reserved. The ***************************************************************** 17 AFP: US prepared to face threats of retaliatory action by NKorea - official - Fri Oct 13, 3:37 PM ET WASHINGTON (AFP) - The United States is prepared to face any threats of retaliatory action by North Korea North Koreaover new sanctions to be imposed on the hardline communist nation following its announced nuclear test, a senior State Department official said. North Korea threatened Wednesday to take "physical countermeasures" as the United States moved to secure tough sanctions at the United Nations United NationsSecurity Council. Pyongyang also warned of a possible "declaration of war." "I can assure you we have a very strong alliance with Japan, with South Korea South Korea, we have forces in the area," Assistant Secretary of State Christopher Hill said when asked to respond to Pyongyang's retaliation threats. "I can assure you we can deal with these sorts of belligerent threats. I would also point out, though, that just because the North Koreans make these blood-curdling threats isn't a reason to back down in the face of them. It's a reason to be prepared to be clear-eyed and be ready, and we are," Hill said at a Washington forum. He spoke as the UN Security Council reached a tentative accord Friday on a compromise draft resolution mandating wide-ranging sanctions against North Korea over its declared nuclear test. The council will vote on it Saturday. Hill said North Korea had a penchant for making threats using its nuclear weapons as cover. "There are probably a million reasons they should not have nuclear weapons, but one of those million reasons is they are always threatening people with various things. "And, frankly, that has got to stop," he said. Hill also said that the expected economic, military and financial UN sanctions -- particularly targeting North Korea's nuclear, ballistic missile and other weapons of mass destruction programs -- would make the hardline communist state "far more isolated than ever before. "Now is the time to be calm but firm and make clear to North Korea that no one is going to accept it as a nuclear weapons state," he said. On North Korea's closest ally China's position on the sanctions, Hill said Beijing had made very clear it wanted them "to be painful to the North Korean regime." A draft UN resolution mandating the sanctions against North Korea also demands that Pyongyang scrap all of its programs involving nuclear weapons, other weapons of mass destruction (WMD) and ballistic missiles "in a complete, verifiable and irreversible manner." It also calls on Pyongyang to return immediately to six-party nuclear disarmament talks "without precondition" and provides for a travel ban on senior North Korean officials involved in the nuclear, ballistic missile and other WMD-related programs. Copyright © 2006 Agence France Presse. All rights reserved. The ***************************************************************** 18 AFP: Security Council reaches tentative accord on NKorea sanctions - US envoy - Fri Oct 13, 1:01 PM ET UNITED NATIONS (AFP) - The UN Security Council reached a tentative agreement on a compromise draft resolution mandating wide-ranging sanctions against North Korea" /> North Koreaover its declared nuclear test and will vote on it Saturday, the US ambassador has said. US Ambassador John Bolton told reporters that the vote would take place "tomorrow morning", after the text is finalized, with possible "additional changes" later in the day. "The council has agreed basically that we'll put our text in blue (meaning that it is ready for adoption) this afternoon and vote tomorrow morning," the US envoy said. "We do have unanimous agreement." Japan's UN envoy Kenzo Oshima, the council's president for October, confirmed that a vote was planned for Saturday morning. "All council members are asked to come back tomorrow," Oshima said. The latest text, drafted by council experts late Thursday after envoys of UN powers resolved some of the key outstanding issues, invokes Article 41 of the UN Charter, which authorizes sanctions not involving the use of force, such as economic and diplomatic sanctions. This was a key concession to veto-wielding China, North Korea's closest ally and its biggest provider of aid, which insisted on including Article 41. The text, a copy of which was obtained by AFP, "condemns" last Monday's announced nuclear test in defiance of a Security Council resolution, "acting under Chapter Seven of the Charter of the United Nations" /> United Nations, and taking measures under its Article 41". The draft, essentially based on US proposals, calls for wide-ranging economic, military and financial sanctions, particularly targeting North Korea's nuclear, ballistic missile and other weapons of mass destruction programs. It drops a blanket arms embargo in an earlier draft and instead calls for a ban targeting missiles, tanks, warships and combat aircraft and calls for inspection of all cargo to and from North Korea. It demands that Pyongyang scrap all of its programs involving nuclear weapons, other weapons of mass destruction (WMD) and ballistic missiles "in a complete, verifiable and irreversible manner." It also calls on Pyongyang to return immediately to six-party nuclear disarmament talks "without precondition" and provides for a travel ban on senior North Korean officials involved in the nuclear, ballistic missile and other WMD-related programs. Copyright © 2006 Agence France Presse. All rights reserved. The ***************************************************************** 19 AFP: Latest UN NKorea draft rules out use of force - report - Fri Oct 13, 10:36 AM ET WASHINGTON (AFP) - The latest draft of a UN resolution responding to North Korea" /> 's nuclear test says that the measure does not pave the way for military action, according to reports. "The preliminary deal was struck after the United States, acting at the request of China, included assurances that the resolution could not be used as a pretext for future military action against North Korea," The Washington Post said Friday without giving a source. The new version of the text was hammered out late Thursday by envoys of the five permanent members of the UN Security Council and Japan, after China's UN ambassador said Beijing still had problems with the existing US draft. Wang Guangya suggested that Beijing would only accept sanctions not involving the use of force, such as economic and diplomatic sanctions. Any resolution "should be helpful for leading to a solution of this issue by peaceful means, and it should also create conditions for the parties to once again, in negotiations, to settle this issue," the Chinese envoy added. In response to that concern, US Ambassador John Bolton stressed that authorization of force requires a separate resolution. Bolton expressed satisfaction with the latest compromise draft, saying few changes had been introduced to the text. "I don't want to say we've reached agreement yet, but many of the significant differences have been closed, very much to our satisfaction," Bolton told reporters after attending a private meeting of envoys of six major UN powers at France's UN mission in New York. Copyright © 2006 Agence France Presse. All rights reserved. The ***************************************************************** 20 AFP: Rice plans Asia trip to confer on North Korea test - US official Fri Oct 13, 2:11 PM ET WASHINGTON (AFP) - US Secretary of State Condoleezza Rice" /> Condoleezza Ricewill travel to Asia next week to discuss North Korea" /> North Korea's declared nuclear test with leaders in the region, State Department spokesman Sean McCormack said. From October 17 to 22, Rice will head to Tokyo, Seoul and Beijing to focus on the international response to North Korea's nuclear test, announced earlier this week. Referring to a draft resolution now before the UN Security Council that calls for imposing punitive sanctions on North Korea, McCormack said: "She's going to be talking about how to go about actually implementing that resolution." The trip also would provide the top US diplomat a chance "to reaffirm and talk about the strength of our existing alliances there," the spokesman said. Rice planned to hold "a wider conversation with others in the region about the current situation, about the security situation, and also to talk broadly about non-proliferation efforts," he said. Copyright © 2006 Agence France Presse. All rights reserved. The ***************************************************************** 21 AFP: White House has no definitive word on NKorea nuclear test - Fri Oct 13, 3:42 PM ET WASHINGTON (AFP) - The White House said it had no definitive word on whether North Korea" /> North Koreahad carried out a nuclear test as intelligence agencies were still conducting an analysis. "We still do not have any definitive statement on it. We talked to DNI (the Director of National Intelligence's office) just a couple of minutes ago. They still think the analysis that they are doing may take take another day or two," White House spokesman Tony Snow said. "They don't have a deadline for this," he added. The White House spokesman's remarks came as a defense official said that air samples carried out by US military aircraft found no evidence of nuclear debris that would have confirmed a test took place. The North Koreans "have been trying to test the unity and the will of the parties. And if there is no test, our position remains the same: We don't want a nuclear Korean Peninsula; we want a non-nuclear" one, Snow said. "What's now happened is that the international community has said: No more carrots, no more rewards for bad behavior. There are going to be punishments. There are going to be consequences for bad behavior," he said. Air samples collected by a US military aircraft after North Korea announced it had conducted a nuclear test showed "no evidence of nuclear debris," a US defense official said Friday. The defense official said the samples were collected by a WC-135 aircraft on October 10, the day after the test announced by North Korea. "Sometime in the last 24 hours, the initial analysis came back and there was no evidence of nuclear debris," said the official, who spoke to AFP on condition of anonymity. A final analysis was expected either later today or Saturday but was not expected to differ much from the initial analysis, he said. "Based upon the analysis, we can't prove it was a nuclear explosion, and we can't say it wasn't," said the official. "We're sort of in a pickle." Seismographs detected a blast in North Korea estimated at the equivalent of 200 tons of TNT, unusually low for a first-time nuclear explosion. Historically, they have ranged between four and 12 kilotons. North Korea is reported to have tipped off China that it was testing a four-kiloton nuclear weapon. It has said the test was conducted underground under very safe conditions. US intelligence officials say a possible explanation for the low yield is that the North Korea blast might have resulted from a nuclear test that did not go as planned. But officials also have left open the possibility that a test deep underground may have muffled the seismic shock, leading to a distorted reading of the blast. For that reason, air samples were considered a key piece of evidence to corroborate the North Korean claim of a successful nuclear test. Copyright © 2006 Agence France Presse. All rights reserved. The ***************************************************************** 22 Japan Times: Pyongyang warns Tokyo on sanctions japantimes.co.jp Friday, Oct. 13, 2006 Pyongyang warns Tokyo on sanctions Diplomat vows strong retaliation PYONGYANG (Kyodo) North Korea will take strong measures against Japan if it goes ahead with new sanctions in response to the nuclear test Pyongyang said it carried out Monday, according to a senior North Korean diplomat. Song Il Ho, in charge of diplomatic normalization talks with Japan, said in an interview Wednesday that Pyongyang is still trying to assess what new Prime Minister Shinzo Abe has in mind for Tokyo's relations with Pyongyang. "We will take strong countermeasures," Song said when asked about fresh sanctions by Japan. "The specific contents will become clear if you keep watching. We never speak empty words." Later Wednesday, Japan decided on a package of additional economic sanctions against North Korea, including a ban on all imports from the country. The package also bans North Korean ships from entering Japanese ports and bars North Korean nationals from entering Japan. The steps are in addition to sanctions Tokyo imposed shortly after North Korea's missile tests in July and include the effective ban on remittances from Japan to 15 entities suspected of links to North Korean weapons of mass destruction programs. While the international community is also considering imposing sanctions on North Korea, Pyongyang would regard Japan's measures as "more serious in nature" compared with others because Tokyo has yet to adequately atone for its 1910-1945 colonial rule of the Korean Peninsula, according to Song. "We will be taking countermeasures by calculating that in," Song said. Song said Pyongyang is still trying to figure out what Abe, who took office last month and is known for his hawkish views on North Korea, plans to do regarding Japan-North Korea relations. "We are watching his words and actions since becoming prime minister, in a careful manner," Song said. Of particular interest for North Korea is believed to be Abe's position on the abductions of Japanese nationals by North Korean agents in the 1970s and 1980s. Japan and North Korea differ over the number of victims and the fates of some of them. Abe, a staunch sympathizer of the abductees and their kin, has created a ministerial post for the issue and named a special adviser to look into the problem. "We are currently studying to see where his true intentions lie," Song said, referring to the new posts. Song said North Korea believes that in particular, Abe should inform North Korea about where Japan is keeping the cremated remains that Pyongyang claims belong to Megumi Yokota, a Japanese abducted to North Korea at age 13 in 1977. The ashes, which Japan says are of two people other than Yokota, are a main point of contention between the two nations. Song repeated North Korea's demand that if Japan believes the ashes, given to a Tokyo government mission in 2004, are not those of Yokota's, they should be returned to North Korea in original form. Japanese government sources have said that would not be possible, as the ashes have been used for DNA tests and could no longer be returned in the form received. On the bilateral talks for normalizing relations that have stalled since February, Song said he considers it inappropriate to hold negotiations when Japan's economic sanctions are in place. "I wonder if we can hold talks under these kinds of circumstances," he said. The Japan Times (C) All rights reserved ***************************************************************** 23 AFP: Non-aligned nations ask moderation on nuclear NKorea - [Delegates and representatives from the Non-Alligned Movement] HAVANA (AFP) - Non aligned countries called for moderation in resolving North Korea's nuclear crisis, as well as an end to testing and nuclear materials transfers, in a declaration. "The Non Aligned Movement urges all involved in the region: to exercise moderation, which contributes to regional security; to discontinue nuclear tests; and to suspend the transfer of nuclear materials, equipment and technology related to nuclear weapons," the text said. The movement's 118 countries, including North Korea, is led by Cuba since September's summit in Havana. The statement expressed "concern, while understanding the complexity of North Korea's nuclear test, which underscores the need to work even more vigorously toward the movement's goals of disarmament, including the elimination of nuclear weapons." On Monday North Korea sparked worldwide condemnation with its announcement that it had carried out its first atom bomb test. By Friday however there had not been independent verification that the explosion was caused by a nuclear device. North Korea said on Friday it was ready to talk, as world powers reached a tentative deal on a package of sanctions to punish them for the declared test. AFP ***************************************************************** 24 Guardian Unlimited: Rush for deal as doubts grow over nuclear test Brian Whitaker Saturday October 14, 2006 The Guardian The US last night refused to confirm that North Korea had joined the nuclear club, despite the discovery of a gas consistent with a nuclear blast in the atmosphere close to where Pyongyang claimed it had detonated a device on Monday. "The betting is that this was an attempt at a nuclear test that failed," a Pentagon official said last night. "We don't think they were trying to fake a nuclear test, but it may have been a nuclear fizzle." The official spoke on condition of anonymity because of the sensitive nature of the information. The test found a type of radioactive gas that would have been present after a nuclear detonation, the official said. It is one of several analyses conducted this week, which have not shown conclusive evidence of an atomic bomb. Earlier tests had shown no sign of radiation. South Korea and Russia have both said they believe Pyongyang detonated a nuclear device, though France has been highly sceptical. The doubts surfaced as the UN security council prepared for a vote today that would impose sanctions on North Korea in an effort to halt its nuclear activity. At the UN headquarters yesterday, US ambassador John Bolton said council members had unanimously agreed on the text of a resolution. To win support from Russia and China, the revised draft does not threaten imminent military action. With the prospect of sanctions looming, there were new indications from North Korea yesterday that it may be ready to abandon its nuclear ambitions in exchange for aid and security guarantees. Following a meeting in Pyongyang, the Russian deputy foreign minister, Alexander Alexeyev, said North Korea was looking for a swift, negotiated resolution of the confrontation. It "wants to resolve the issues linked with the de-nuclearisation of the Korean peninsula in the near future through negotiations", as well as implementation of a document adopted after the third round of the six-nation talks in September 2005, Mr Alexeyev said. In Seoul yesterday, South Korea's nuclear envoy said he had been on the point of agreeing a joint diplomatic initiative with Washington when the North carried out its alleged nuclear test. Chun Yung-woo told the Associated Press: "I tried to pre-empt North Korea with a proposal for a peaceful resolution before they went ahead with a test, but when I was about to finalise it, when we were hours away from presenting such a proposal, they went ahead with a test, or what they claim was a nuclear test." He said the offer had not been rendered invalid by the alleged test, but it would have to be modified and he did not expect immediate movement because of impending action by the security council. "Once the current situation has run its course, when the dust and fallout of North Korea's test - whatever it was - settles down, then I think that's the best time to revive diplomacy," he said. Useful sites North Korea virtual library CIA factbook: North Korea UN security council UN nuclear non-proliferation treaty NK news - database of North Korean propaganda North Korea Database North Korea Zone [UP] Guardian Unlimited © Guardian Newspapers Limited 2006 ***************************************************************** 25 Guardian Unlimited: Price of a broken deal Simon Tisdall Friday October 13, 2006 Twelve months ago it seemed the west's nuclear confrontation with North Korea had reached an unexpectedly happy ending. Then the US treasury department stuck its oar in. In a deal brokered by China on September 19 2005, Kim Jong-il's regime pledged to give up its atomic weapons, abandon existing nuclear programmes and rejoin the UN Nuclear Non-Proliferation Treaty that it had repudiated in 2003. In return the US agreed to recognise North Korea's territorial integrity and eschew all hostile actions. The Bush administration thereby effectively withdrew its earlier threats of forcible regime change levelled against a founder member of President George Bush's "axis of evil". The US also promised to move towards normalised relations if Pyongyang kept its side of the bargain. It even revived the idea of helping North Korea build a light-water nuclear reactor for civilian power generation, a scheme promoted by the Clinton administration in the 1990s but later dropped by Mr Bush. The September deal brought sighs of relief across Asia and in Washington, where rightwing newspaper editorials hailed a "triumph of US policy". It spawned talk of a new era of strategic cooperation between the US and China, a denuclearised Korean peninsula, and the peaceful reunification of North and South Korea. But the celebrations were premature. For reasons that remain unclear, the US treasury department chose almost the exact moment the deal was struck to move against a Macau-based bank called Banco Delta Asia. US officials announced the bank could face punitive action under US banking rules and Patriot Act anti-terrorism laws over suspicions that it was being used by North Korea for money laundering and counterfeiting. They described the bank as a "willing pawn" facilitating North Korea's "criminal activities". The full implications of the treasury's allegations, publicised on September 15 last year, took time to sink in. But the effects were dramatic. Worried that they too could become targets for US penalties and be cut adrift from the international banking system, other regional banks took fright. One by one they halted dealings with North Korea. Macau's government took control of Banco Delta Asia to conduct its own investigation and shut down all North Korea-related accounts. According to a Wall Street Journal investigation, led by reporter Gordon Fairclough, accounts belonging to 20 North Korean banks as well as those of 11 trading companies and nine North Korean individuals were shut. Millions of dollars were frozen. Within weeks much of North Korea's legitimate international trade had ground to a halt and the country was scrambling to secure foreign credit and loans, the newspaper disclosed. US treasury investigators were meanwhile touring Asia warning banks and financial institutions about the dangers of being associated with North Korea's suspect activities. Intentionally or not, the US had dealt the Pyongyang regime a major blow that years of bilateral aid, trade and export sanctions had failed to achieve. "We knew there was a lot going on but we didn't expect to hit a major artery like we did," a US official told Fairclough. Apparently facing financial strangulation, Pyongyang's leadership resorted to the only diplomatic weapon it had. The foreign ministry said North Korea would boycott further talks on relinquishing its nuclear activities until the threat of US financial sanctions was lifted. North Korea has reiterated the same demand on numerous occasions since and repeated it this week following its underground weapons test. But it also said it was ready to resume dialogue if Washington eased financial pressures. There has been no response. US officials maintain that the steps taken against Banco Delta Asia last autumn were unconnected to the nuclear talks. On Wednesday Mr Bush accused North Korea of "walking away" from the September 19 disarmament deal. Pyongyang and Pyongyang alone was to blame for recreating the crisis, he said. [UP] Guardian Unlimited © Guardian Newspapers Limited 2006 ***************************************************************** 26 [NYTr] Bush's Nuclear Apocalypse Date: Fri, 13 Oct 2006 19:59:41 -0400 (EDT) X-Sender-Host-Name: olm.blythe-systems.com X-Spam-Class: HAM-VERY-WHITELIST Via NY Transfer News Collective * All the News that Doesn't Fit TruthDig - Oct 9, 2006 http://www.truthdig.com/report/item/200601009_bushs_nuclear_apocalypse/ The former Middle East Bureau Chief for The New York Times and author of the bestseller War Is a Force That Gives Us Meaning, reports on Bushs incalculably wrong-headed plans to attack Iran, and warns how a callous war, conceived by zealots, will lead to a disaster of biblical proportions. Bush's Nuclear Apocalypse by Chris Hedges (Octber 9, 2006) The aircraft carrier Eisenhower, accompanied by the guided-missile cruiser USS Anzio, guided-missile destroyer USS Ramage, guided-missile destroyer USS Mason and the fast-attack submarine USS Newport News, is, as I write, making its way to the Straits of Hormuz off Iran. The ships will be in place to strike Iran by the end of the month. It may be a bluff. It may be a feint. It may be a simple show of American power. But I doubt it. War with Iran a war that would unleash an apocalyptic scenario in the Middle East is probable by the end of the Bush administration. It could begin in as little as three weeks. This administration, claiming to be anointed by a Christian God to reshape the world, and especially the Middle East, defined three states at the start of its reign as the Axis of Evil. They were Iraq, now occupied; North Korea, which, because it has nuclear weapons, is untouchable; and Iran. Those who do not take this apocalyptic rhetoric seriously have ignored the twisted pathology of men like Elliott Abrams, who helped orchestrate the disastrous and illegal contra war in Nicaragua, and who now handles the Middle East for the National Security Council. He knew nothing about Central America. He knows nothing about the Middle East. He sees the world through the childish, binary lens of good and evil, us and them, the forces of darkness and the forces of light. And it is this strange, twilight mentality that now grips most of the civilian planners who are barreling us towards a crisis of epic proportions. These men advocate a doctrine of permanent war, a doctrine which, as William R. Polk points out, is a slight corruption of Leon Trotskys doctrine of permanent revolution. These two revolutionary doctrines serve the same function, to intimidate and destroy all those classified as foreign opponents, to create permanent instability and fear and to silence domestic critics who challenge leaders in a time of national crisis. It works. The citizens of the United States, slowly being stripped of their civil liberties, are being herded sheep-like, once again, over a cliff. But this war will be different. It will be catastrophic. It will usher in the apocalyptic nightmares spun out in the dark, fantastic visions of the Christian right. And there are those around the president who see this vision as preordained by God; indeed, the president himself may hold such a vision. The hypocrisy of this vaunted moral crusade is not lost on those in the Middle East. Iran actually signed the Nuclear Non-Proliferation Treaty. It has violated a codicil of that treaty written by European foreign ministers, but this codicil was never ratified by the Iranian parliament. I do not dispute Irans intentions to acquire nuclear weapons nor do I minimize the danger should it acquire them in the estimated five to 10 years. But contrast Iran with Pakistan, India and Israel. These three countries refused to sign the treaty and developed nuclear weapons programs in secret. Israel now has an estimated 400 to 600 nuclear weapons. The word Dimona, the name of the city where the nuclear facilities are located in Israel, is shorthand in the Muslim world for the deadly Israeli threat to Muslims existence. What lessons did the Iranians learn from our Israeli, Pakistani and Indian allies? Given that we are actively engaged in an effort to destabilize the Iranian regime by recruiting tribal groups and ethnic minorities inside Iran to rebel, given that we use apocalyptic rhetoric to describe what must be done to the Iranian regime, given that other countries in the Middle East such as Egypt and Saudi Arabia are making noises about developing a nuclear capacity, and given that, with the touch of a button Israel could obliterate Iran, what do we expect from the Iranians? On top of this, the Iranian regime grasps that the doctrine of permanent war entails making preemptive and unprovoked strikes. Those in Washington who advocate this war, knowing as little about the limitations and chaos of war as they do about the Middle East, believe they can hit about 1,000 sites inside Iran to wipe out nuclear production and cripple the 850,000-man Iranian army. The disaster in southern Lebanon, where the Israeli air campaign not only failed to break Hezbollah but united most Lebanese behind the militant group, is dismissed. These ideologues, after all, do not live in a reality-based universe. The massive Israeli bombing of Lebanon failed to pacify 4 million Lebanese. What will happen when we begin to pound a country of 70 million people? As retired General Wesley K. Clark and others have pointed out, once you begin an air campaign it is only a matter of time before you have to put troops on the ground or accept defeat, as the Israelis had to do in Lebanon. And if we begin dropping bunker busters, cruise missiles and iron fragmentation bombs on Iran this is the choice that must be faced either sending American forces into Iran to fight a protracted and futile guerrilla war or walking away in humiliation. As a people we are enormously forgetful, Dr. Polk, one of the countrys leading scholars on the Middle East, told an Oct. 13 gathering of the Foreign Policy Association in New York. We should have learned from history that foreign powers cant win guerrilla wars. The British learned this from our ancestors in the American Revolution and re-learned it in Ireland. Napoleon learned it in Spain. The Germans learned it in Yugoslavia. We should have learned it in Vietnam and the Russians learned it in Afghanistan and are learning it all over again in Chechnya and we are learning it, of course, in Iraq. Guerrilla wars are almost unwinnable. As a people we are also very vain. Our way of life is the only way. We should have learned that the rich and powerful cant always succeed against the poor and less powerful. An attack on Iran will ignite the Middle East. The loss of Iranian oil, coupled with Silkworm missile attacks by Iran on oil tankers in the Persian Gulf, could send oil soaring to well over $110 a barrel. The effect on the domestic and world economy will be devastating, very possibly triggering a huge, global depression. The 2 million Shiites in Saudi Arabia, the Shiite majority in Iraq and the Shiite communities in Bahrain, Pakistan and Turkey will turn in rage on us and our dwindling allies. We will see a combination of increased terrorist attacks, including on American soil, and the widespread sabotage of oil production in the Gulf. Iraq, as bad as it looks now, will become a death pit for American troops as Shiites and Sunnis, for the first time, unite against their foreign occupiers. The country, however, that will pay the biggest price will be Israel. And the sad irony is that those planning this war think of themselves as allies of the Jewish state. A conflagration of this magnitude could see Israel drawn back in Lebanon and sucked into a regional war, one that would over time spell the final chapter in the Zionist experiment in the Middle East. The Israelis aptly call their nuclear program the Samson option. The Biblical Samson ripped down the pillars of the temple and killed everyone around him, along with himself. If you are sure you will be raptured into heaven, your clothes left behind with the nonbelievers, then this news should cheer you up. If you are rational, however, these may be some of the last few weeks or months in which to enjoy what is left of our beleaguered, dying republic and way of life. * ================================================================ .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 ================================================================ ***************************************************************** 27 Nuclear Crisis Made in USA Date: Fri, 13 Oct 2006 07:28:20 -0500 (CDT) X-Sender-Host-Name: chumbly.math.missouri.edu X-Spam-Class: HAM Workers World October 12, 2006 NUCLEAR CRISIS MADE IN USA Bush threats forced North Korea to arm in self-defense By Fred Goldstein The Bush administration and the so-called great powers are hypocritically trying to create panic over the announcement by the Democratic Peoples Republic of Korea on Oct. 8 that it had successfully detonated a nuclear weapon. U.S. officials have declared it a threat to international security. In fact, it is the U.S. imperialist government and its ally, Japan, that have created the crisis situation and are the main threats to peace in Asia. The DPRK, in a statement from its Foreign Ministry on Oct. 3, had announced publicly that it intended to carry out the test. It says it was forced into nuclear testing because the Bush administration seriously threatened the DPRKs sovereignty and right to existence. It condemned threatened sanctions as an attempt to isolate and stifle it and bring down the socialist system chosen by its people themselves. The U.S. extreme threat of a nuclear war and pressure compel the DPRK to conduct a nuclear test, an essential process for bolstering nuclear deterrent, as a corresponding measure for defense, the statement continued. To the Korean people, the U.S. threat is real. Washington divided their country after World War II and has kept it divided until today through a large U.S. military presence. For decades, Washington propped up one dictatorial South Korean government after another. The U.S. led a brutal war against the North from 1950 to 1953, dropping 800 tons of bombs a day in saturation raids. It used napalmjellied gasoline that clings to skin and causes a horrible death. Every town, village and city was left in rubble. Four million Koreans died. Innumerable atrocities were carried out by U.S. troops. And Washington used nuclear threats throughout the armistice negotiations. What can end the crisis The crisis on the Korean peninsula and in the region could be ended if the U.S. government would do three basic things: recognize the sovereignty of the DPRK; establish normal diplomatic and economic relations between the two countries; and guarantee the DPRKs security against a U.S. attack. The North Korean government has been asking for this for over 50 years, since the end of the Korean War. In addition, the DPRK has made innumerable proposals for the denuclearization of the peninsula and the surrounding region. Above all, this kind of stability should be embodied in the signing of a peace treaty formally ending the state of war between the U.S. and the DPRK. Washington has resisted such demands for over 50 years. The big business media and the government are treating the DPRK leaders as if they are paranoid and irrational. But the facts show a different story. Bush administration threats In his State of the Union address in January 2002, President George W. Bush branded the DPRK as part of an axis of evil, along with Iraq and Iran. In that same period, Bush ordered the Pentagon to develop flexible plans for the use of nuclear weapons as part of the Nuclear Posture Review. Sections of it were leaked showing that the DPRK was on the Pentagons list of seven targeted countries. The National Security Strategy of September 2002 put forward the doctrine of preemptive war and regime change, linking it to Bushs axis of evil assertion. Six months later Washington launched a preemptive, unprovoked war to bring about regime change in Iraq and overthrow the Saddam Hussein government. All these threats were being made by a superpower with 10,000 nuclear warheads, a $10-trillion economy, a population of 300 million and highly developed weapons systems spread throughout Asia, especially in the vicinity of North Korea. In contrast, the DPRK has a population of 25 million, an economy of $16 billion, and has been undermined economically by half a century of U.S-imposed sanctions. DPRK ringed by U.S. military Furthermore, the DPRK is surrounded by U.S. nuclear bombers, nuclear-armed submarines, cruise missiles, aircraft carriers and destroyer fleets. Some 30,000 U.S. troops are based in South Korea, as well as a U.S. military high command that has final authority over several hundred thousand South Korean troops. Their mission is war against the North. As recently as June of this year, the U.S. Air Force held tests of its Minuteman III missiles near the Korean peninsula. Three U.S. Navy carrier battle groupsincluding 22,000 troops, dozens of fighter planes and several heavy bomberswere assembled in the western Pacific off Guam in the largest naval mobilization since the Vietnam War. The USS Curtis Wilbur and USS Fitzgerald, both guided-missile destroyers, sit off the coast of North Korea. The U.S. sent spy planes on 170 missions during this period. U.S. hawks block normalization Far from causing the present crisis, the DPRK has tried repeatedly to avoid having to develop a nuclear deterrent. Each time the U.S. government or militaristic factions within it have found ways to thwart any agreement. A year ago, in September 2005, the North Korean government signed an agreement at six-party talks with the U.S., China, Russia, Japan and South Korea. In the agreement the DPRK pledged to abandon all nuclear weapons and existing nuclear programs. In return the U.S. and North Korea agreed to respect each others sovereignty, exist peacefully together and take steps to normalize their relations. Four days later, the U.S. Treasury Department imposed sweeping financial sanctions against North Korea designed to cut off the countrys access to the international banking system, branding it a criminal state for alleged money laundering and so-called trafficking in weapons of mass destruction. (Newsweek, Oct. 10) In 2004, negotiators from the State Department had worked out an agreement with the DPRK outlining steps to resolve the standoff over the countrys nuclear weapons. But it lacked the tough language on disarmament that North Korea had rejected and [Vice President Dick] Cheney knew Mr. Bush wanted. With Colin L. Powell, then secretary of state, and his deputy, Richard L. Armitage, at a black-tie dinner where they could not easily be reached on secure telephones, Mr. Cheney declared this thing a loser, said a former senior official. Bush sent new instructions to the negotiatorsthrough the National Security Council, rather than the State Departmentthat essentially killed the deal. (New York Times, Oct. 10) Hostile to North-South dialog In 1999 a new prime minister, Kim Dae-jung, was elected in South Korea. Kim declared a sunshine policy of building friendly relations with the North. In 2000, Kim Dae-jung had an historic summit meeting in Seoul with Kim Jong Il, the North Korean leader. When Bush took office in 2001, he refused to meet with Kim Dae-jung, signaling U.S. government opposition to any relaxation of tensions on the peninsula and anything that could be favorable to North Korea. The Clinton administration had also tried to undermine the DPRK. In 1993, after the collapse of the USSR, as part of the retargeting of U.S. nuclear weapons, Clinton let North Korea know it was being targeted by some of them. Clinton authorized Operation Team Spirit in March 1993, mobilizing bombers, cruise missiles and naval vessels against the DPRK. He went to the demilitarized zone separating North and South and threatened the DPRK with war in early 1994. When the government in Pyongyang, North Korea, threatened to pull out of the Nuclear Non-Proliferation Treaty (NPT), Clinton prepared for war, including the use of nuclear weapons. South Korean Prime Minister Kim Young-sam argued with Clinton for half an hour over the phone to stop the war. Faced with the prospect of a nuclear attack, Kim Il Sung, then president of the DPRK, invited former President Jimmy Carter for talks. At their conclusion, Carter announced an agreement, later called the Framework Agreement, negotiated in Geneva. Under this agreement, the DPRK, which was trying to develop nuclear energy to supply electric power since it has no oil or gas, agreed to shut down its nuclear reactor and stop development of two others in exchange for two light-water reactors. The U.S. was supposed to organize the production of these reactors by 2003 and supply fuel oil in the meantime. It was also supposed to lift sanctions, recognize the sovereignty of the DPRK, work towards normal political and economic relations, and guarantee against nuclear attack. The U.S. immediately backtracked on everything but supplies of fuel oil, and those deliveries came late. Washington sought sanctions against the DPRK in the UN, put it on the terrorist list, refused to guarantee against an attack and did not move an inch to normalize relations. It delayed production of the light-water reactors so they would be finished at the earliest by 2010. The DPRK was in extraordinary economic difficulties following the collapse of the USSR and was forced to delay its economic recovery under threat of war. Furthermore, in 1998, the U.S. military conducted exercises simulating an attack on the North with 30 nuclear bombs. U.S. warplanes based at Seymour Johnson Air Base in North Carolina, carrying concrete dummy bombs in place of B61 nuclear bombs, dropped them at a base in Florida as part of operational plans drawn up by the National Command Authority. (Gregory Elich, Strange Liberators, Llumina Press, 2006) Strategy of demonizing DPRK The strategy of demonizing North Korea and constantly threatening it serves a dual purpose. It keeps military tensions in the region at a fever pitch and provides the basis for maintaining more and more military hardware in Asia. Bush has promoted a high-tech, highly expensive and highly profitable (to the military-industrial complex) missile defense system. Administration denials notwithstanding, it is the policy and ambition of the U.S. ruling class and its military to destroy the socialist government of North Korea. It has been the policy ever since the Korean Revolution after World War II, led by Kim Il Sung. The bosses and the landlords were thrown out and the society was taken over and run for the workers and peasants. That was the first crime of the DPRK. The second crime was the outcome of the Korean War. In spite of enormous casualties, the revolutionary armies of the North, with the assistance of the Chinese Red Army, inflicted the first military defeat on U.S. imperialism by stopping it from taking over all of Korea. One of the long-standing goals of Washington has been to break up any solidarity between the DPRK and the Peoples Republic of China (PRC). It is difficult for progressives and revolutionaries to watch the PRC lending itself to the anti-DPRK schemes of Washington and Tokyo. Hopefully, the current narrow, unjust and self-defeating policy of supporting sanctions on the DPRK will be reversed. The implacable U.S. imperialist hostility towards the Korean revolution and the socialist government of the DPRK comes from its ambitions to conquer Asia and turn the Pacific Ocean into a U.S. lake. This policy has been a stated goal for over a century. Challenge to anti-war movement The anti-war movement in the U.S. now recognizes that the Bush administration is an aggressor in Iraq and is planning aggression against Iran. It is beginning to recognize the reactionary role of the U.S.-client state in Tel Aviv as the cats paw of the Pentagon in the Middle East. It recognizes that Washington has designs to overthrow the Cuban government and the Venezuelan government. It is time to elevate the cause of the DPRK in the movement and fight against Washingtons demonization, its sanctions and threats. It is U.S. militarism that is the threat to peace, not the defensive measures taken by the government of the DPRK. North Korea has done everything possible to avoid having to resort to a nuclear deterrent. But it has experienced a solid wall of hostility, threats, military maneuvers, vilification, and attempts at isolation and economic sabotage. It has seen preventive war against Iraq. It has witnessed the destruction of the government of Yugoslavia after a massive U.S. bombing campaign. The DPRK does not want more nuclear weapons in the area. On the contrary, it has offered many proposals to get rid of them. It has called for signing a peace treaty. It has called for a non-aggression pact. It wants peace, while Washington wants war and counter-revolution in Korea and all of Asia. Right now a dangerous bloc exists between Washington and Tokyo. Japan annexed Korea in 1910 and ruled it as a colony until 1945. The Japanese imperialist ruling class wants to use this crisis as a springboard to build up its military. It is using the Bush administrations full court press for sanctions and the strangulation of the DPRK as its cover. The workers and oppressed in this country can only suffer from an increase in militarism around the Korean peninsula. Either they will be dragged into war or forced to pay the price of increased military spendingor both. Those who are exploited by the bosses, whose wages are going down, whose benefits are being cut, have nothing to gain by supporting the war drive of the billionaires government in Washington, the military-industrial complex and Big Oil, who are behind the present crisis. ***************************************************************** 28 [NYTr] Shaking Off Hiroshima: Japan Faces Its Nuclear "Taboo" Date: Fri, 13 Oct 2006 12:06:00 -0500 (CDT) X-Sender-Host-Name: chumbly.math.missouri.edu X-Spam-Class: HAM Via NY Transfer News Collective * All the News that Doesn't Fit sent by Simon McGuinness [Just 5 years ago it was political suicide to propose nuclear weapons in Japan, that was before US diplomacy [sic] laid into North Korea. You know that the nuclear Non-Proliferation Treaty is dead in the water when even the Japanese start talking about building a bomb. Which is just fine and dandy for all those nuclear share options that Don Rumsfeld has. And the more bombs there are around the more guidance, delivery and maintenance technology Lockheed Martin can flog. Who cares about security when there's a fast buck to be made? Killing the NPT is good for US business and GW sure did a hekufajob of killing it. -SMcG] The Independent - 12 October 2006 http://news.independent.co.uk/world/politics/article1842545.ece Japan faces its nuclear taboo amid calls to move on from Hiroshima By David McNeill in Japan Few people are angrier that North Korea has joined the nuclear club than Sunao Tsuboi. As a 20-year-old student, he was burnt from head to toe when the United States dropped the Fat Man atom bomb on Hiroshima in August 1945. He still bears the scars all over his face and body. "We're furious about this test," he said of Japan's 270,000 atom bomb survivors. "It means that more countries are sure to follow. Our greatest worry is that Japan will now feel it has to have its own nuclear weapon." Japan's history means any talk of developing its own nuclear option has long been taboo. But in the wake of Pyongyang's apparently successful test, the limits of the debate are being tested. Yasuhiro Nakasone, a former prime minister, is the latest politician to suggest that Japan should "study the nuclear issue". While this week, Japan's largest newspaper, The Daily Yomiuri, said the country should reconsider its aversion to the bomb. Politics not technology hinders the development of Japanese nuclear weapons. The world's second-largest economy also boasts one of the largest nuclear industries. It has 55 reactors and the use of a huge new reprocessing plant that will add to the 45 tons of plutonium stored in the country. In 2002 a senior opposition figure Ichiro Ozawa spelled out the implications when he told China that it would be "a simple matter" for Japan to build "3,000 to 4,000 nuclear warheads" if its neighbour got "too inflated". Most experts believe a Japanese bomb could be built in six months. In public at least, the new Prime Minister, Shinzo Abe, resists such calls. In a parliamentary Q&A session this week he stood by Japan's nuclear principles: that it will not "manufacture or possess nuclear weapons or allow their introduction". But the rhetoric has not always matched the reality. Nuclear-armed US vessels have secretly docked in Japanese ports and in the 1970s a nuclear feasibility plan was commissioned. In the short term, most experts believe Pyongyang's bomb is likely to push Tokyo closer to the US. Mr Abe has already pledged to speed up the development of a joint missile defence shield and to boost defence ties, a strategy that brings him into conflict with the "pacifist" constitution. Against a background of growing regional instability, few of the atom bomb survivors are now prepared to bet that the nuclear freeze will last forever. * ================================================================ .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 ================================================================ ***************************************************************** 29 [toeslist] Old French Nuke tests "represented a slight (health) risk" Date: Fri, 13 Oct 2006 13:02:18 -0500 (CDT) X-Sender-Host-Name: chumbly.math.missouri.edu X-Spam-Class: HAM Cancer Fears Emerge as Fallout of French Nuclear Tests Julio Godoy PARIS, Oct 12 (IPS) - New evidence is emerging of cancers caused by French nuclear testing in its South Pacific islands from the 1960s. Between 1966 and 1996 France carried out 192 nuclear tests in French Polynesia, a group of islands in the south Pacific. These included 42 atmospheric tests, in the face of opposition from local residents. Now, 40 years after the tests began, the French government has finally started to admit that Polynesian inhabitants may have been right to fear the consequences of radioactivity. Marcel Jurien de La Gravihre, representative of the French Commission on Nuclear Safety, announced in Papetee, capital of French Polynesia last week that a "coherent and continued medical examination" would be proposed for inhabitants most likely affected by the tests. Such testing will be offered to some 2,000 persons, he said. Jurien de la Gravihre admitted that six of the 192 tests had "affected in a significant manner some islands and atolls" in the region. The French military carried out the six atmospheric nuclear tests between 1966 and 1974 on the islands Moruroa, Fangataufa, Magareva, Gambier, Tureia and Tahiti. These tests "represented a slight (health) risk", the ministry of defence now says. Two of the Polynesian tests are particularly in question - the ones called Aldibaran (1966) and Phoebe (1971). According to new official figures these tests released far higher radiation than acknowledged so far. Up to 150,000 people inhabited the islands in the region at the time. Some 20,000 other people worked at nuclear test sites during the 30 years of testing. The change in the French government's position comes after Florent de Vathaire, a researcher at the National Institute for Health and Medical Research (INSERM, after its French name) reported that the nuclear tests closely correlate with the appearance of thyroid cancer typically associated with radioactivity. Florent de Vathaire, head of the epidemiological cancer unit at INSERM found "a statistically significant relation" between the nuclear tests and the incidence of thyroid cancer. De Vathaire studied some 240 cases of thyroid cancer reported in the islands. On July 17 this year, de Vathaire presented his findings to the ministry of defence, and urged it to declassify military reports that he said confirm the findings. "I would like to study the data contained in the classified documents, which would allow us to confirm in a more precise manner the nature of the health dangers represented by the tests," de Vathaire told IPS. Cancer victims and their relatives in the French Polynesia have made similar demands. "So far, the French authorities have said that the nuclear bomb tests did not represent any danger," Patrice Bouveret, director of the Observatory of French Nuclear Weapons, an independent group, told IPS. "Now, the same authorities are saying that there was indeed a 'slight' risk." But this admission too comes on the basis of reports by military officers, he said. "Nobody else has seen the original documents to verify such claims. If the victims would have these official reports, they could act legally and demand that justice be done." The questions are not confined to the south Pacific islands. France carried out 17 tests in Reggane region in the Algerian Sahara in 1961 and 1962, just before Algerian independence. Health activists and affected people who have come together as the Association of Veterans of the French Nuclear Tests (AVEN) in French Polynesia and in the Algerian Sahara are fighting for declassification of the reports, and for recognition by the French authorities that the nuclear tests have caused a high number of cancers in these regions. Jean-Paul Teissonihre, legal counsellor of AVEN and of the Polynesian association Mururoa e Tatou has been lodging complaints against the French authorities since 2003. One aim is to obtain pensions from the French state for the victims and their relatives, he told IPS. "But in order to establish this causality link between the tests and the numerous illnesses we have to argue by presumption unless the authorities release the classified documents." (END/2006) ***************************************************************** 30 Guardian Unlimited: Nuclear tensions bring supporters flooding back to waning campaign Organisation rejuvenated as focus for opposition to new generation Trident missiles Duncan Campbell Saturday October 14, 2006 The Guardian In its heyday in the eighties, the Campaign for Nuclear Disarmament was able to mobilise 400,000 people for a rally in Hyde Park. The end of the cold war saw the organisation's influence wane and membership slump. But now, in the wake of the government's commitment to replace the Trident nuclear system and rising tension over North Korea and Iran, CND is claiming renewed support and a resurgence of interest. Today in a university hall in Bradford, CND gathers for its annual conference, with new members signing up every week and new branches being launched. "It has really galvanised people in an incredible way," said Kate Hudson, CND's chair, of the government's decision on Trident. "We feel that we are now articulating the majority view, perhaps for the first time in a long time. There is an incredible drive for peace and dialogue and debate at the moment and we feel we are part of that wave." Since its foundation in 1958, the movement has experienced a series of ups and downs with that heady peak in the 1980s following the decision to site cruise and Pershing missiles in the UK. In the 1990s, after the collapse of the eastern bloc, the organisation no longer enjoyed such a profile and membership dropped dramatically. Dr Hudson believes that the tide has now turned, as evidenced by a recent increase in membership to over 32,000, and growing financial backing from supporters. This weekend's event, which will be entertained tonight by the comedian Attila the Stockbroker, will be a test of how far the renewed organisation has come. "Our main current campaign is to secure a debate on Trident," said Dr Hudson, who teaches European politics and history at London South Bank University and is the author of the recently published CND - Now More Than Ever, which traces the organisation back to its cold war roots. "We have been working with other organisations on this and 59% of the population now oppose Trident replacement. We are a broad church - we have support in the trade union movement and the Christian element is very strong." While some members are pacifists, others, like Dr Hudson, are not and believe that there are occasions, such as the second world war, when war may be justified. She said CND is conscious of the need to broaden its support base. One of the first motions on the conference agenda "notes the predominantly white-British character of its membership" which Dr Hudson accepts is a problem. "It's something CND has been aware of but never been able to deal with." She said that one of the beneficial side-effects of CND's involvement in the anti-Iraq war movement had been that they had established much closer links with the Muslim Association of Britain through which they hoped to reach a more diverse membership. The organisation's office in Holloway, north London, is named after the Israeli nuclear whistleblower Mordecai Vanunu, who is fighting for the right to leave Israel after serving 18 years in jail. A call from Lewes CND to boycott Israel because of its undeclared nuclear weapons programme which he exposed is the subject of another motion, which is likely to be controversial. Dr Hudson said some members might feel that a boycott call was "not within our remit". North Korea's test, which was strongly condemned by CND, will also be discussed. She said that while criticising the test it was important to remind people that the countries with nuclear weapons were also in defiance of the non-proliferation treaty and have to be challenged. While some CND members have been with the organisation since it started, there has recently been a growing number of student CND groups formed. Ben Soffa, the youth and student campaigner, said "about half a dozen new student groups have been set up already this term". Opposition to the Iraq war on campuses had also created interest, he said, particularly for students who had grown up "when the cold war was no longer part of the conversation". On the party political front, CND has both Labour and Liberal Democrat support in parliament and Jeremy Corbyn, the Labour MP, will continue as one of their three vice-chairs. Since the organisation started there has been an ongoing debate as to whether changing Labour party policy from within was feasible. Also to be debated is how far CND should commit itself to opposing nuclear power, which some believe is a side issue. 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 ***************************************************************** 31 IPS-English EGYPT: Nuclear Ambition Could Mean a Presidential Date: Fri, 13 Oct 2006 14:57:39 -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 ROMAIPS MM PI IP NU=20 EGYPT: Nuclear Ambition Could Mean a Presidential Dream By Adam Morrow CAIRO, Oct 13 (IPS) - An announcement that the government intends to prod= uce nuclear energy for peaceful purposes is provoking heated debate. Gamal Mubarak, assistant secretary-general of the ruling National Democra= tic Party (NDP) and son of President Hosni Mubarak surprised the audience= at the party conference Sep. 19 with the announcement that Egypt would r= evive its long-stalled nuclear programme. =94Many developing countries have proposed and started to execute the iss= ue of alternative energy,=94 said Mubarak, who heads the NDP's influentia= l policies committee. =94It's time for Egypt to put forth this proposal f= or discussion about its future energy policies, the issue of alternative = energy, including nuclear energy.=94 Mubarak and other government officials were quick to point out that nucle= ar energy would be produced for peaceful purposes, as stipulated in the N= uclear Non-Proliferation Treaty (NPT), of which Egypt is a signatory. Und= er the treaty, countries are allowed to build nuclear power stations as l= ong as they are placed under international supervision. Mubarak's declaration was made amid a handful of mundane policy statement= s. =94It was a fairly big surprise,=94 Joshua Stacher, lecturer in politi= cal science at the British University in Egypt told IPS. =94There had bee= n few hints beforehand that nuclear energy production was even on the gov= ernment's agenda.=94 Nevertheless, added Stacher, =94Egypt is well within its rights as a memb= er of the NPT to use nuclear energy for peaceful purposes.=94 There is little doubt that the government needs alternative power sources= to meet domestic energy demand. Cairo is currently spending some 7 billi= on dollars a year to provide subsidised energy -- a situation that will o= nly become more painful as international oil and gas prices continue to r= ise. Domestic demand for electricity is rising 7 percent a year. In the wake of the announcement, minister for electricity and energy Hass= an Yunis revealed plans for a 1,000-megawatt nuclear power plant to be bu= ilt at al-Dabaa on the Mediterranean coast about 150km west of Alexandria= , at a cost of some 1.5 billion dollars. Citing the country's need to lessen its traditional reliance on non-renew= able hydrocarbons for electricity production, Yunis was quoted in the sta= te press as saying that Egypt could have a nuclear power plant up and run= ning -- with the help of foreign investment -- within ten years. =94The Egyptian programme for the peaceful use of nuclear energy will be = an ongoing one, involving several plants in different regions in order to= guarantee the flow of electricity needed for development activities,=94 = Yunis was quoted as saying in government daily al-Ahram Oct. 9. The minis= ter added that the number of power stations would =94depend on the manner= and sources of financing and qualified technical and human resources.=94 Yunis went on to explain that =94the nuclear fuel to be used in the Egypt= ian plants would be enriched abroad=94 before being shipped to Egypt, alt= hough he did not specify which country would supply the fuel. In an indication of Cairo's seriousness, a government-appointed Council f= or Nuclear Energy comprising representatives from several ministries, inc= luding energy and defence, was convened shortly after the initial announc= ement. The council is reported to have begun work on a preliminary feasib= ility study to be handed over to the President for review. This is not Egypt's first foray into the nuclear arena. A decision to bui= ld a nuclear power station was made in 1963 by then president Gamal Abdel= -Nasser, but the project was derailed by war with Israel four years later= . A second attempt in 1986 was also aborted in the wake of the Chernobyl = disaster in Ukraine, which prompted the opposition Wafd party to launch a= successful anti-nuclear campaign in parliament. Now the fact that the nuclear bombshell was dropped by Gamal Mubarak, con= sidered a major contender for presidential succession, has triggered furi= ous speculation in the press.=20 An article in the Oct. 10 edition of independent weekly al-Karama, which = is outspokenly critical of Gamal Mubarak and notions of presidential =94i= nheritance=94, asked: =94Does the proposed (nuclear) programme represent.= ..the beginning of a new balance of power in the region, or is it merely = propaganda...to elevate the younger Mubarak to the presidency?=94 Many political analysts see the move as primarily an attempt to bolster G= amal Mubarak's popularity. =94It was important that Gamal make the announcement. It was done for pra= ctical reasons,=94 said Stacher. =94While the announcement was couched in= terms of national energy needs, the way it was delivered made it look li= ke a public-relations stunt to score political points rather than a well = thought-out national plan.=94 Stacher added: =94This in turn has fuelled speculation about the motives = behind the declaration; fuelled speculation that Gamal Mubarak can be exp= ected to succeed to the presidency -- at least that's how it has been int= erpreted publicly.=94 NDP officials downplayed the relevance of the younger Mubarak's delivery = of the announcement. =94These declarations have nothing to do with gainin= g credibility, and came in the context of discussions relating to our ene= rgy needs,=94 Mohamed Kamal, a close aide of Gamal Mubarak, was quoted as= saying in the state press.=20 Analysts, however, suggest that Mubarak -- a champion of economic liberal= isation who, like his father, enjoys a close relationship with Washington= -- may also be using the nuclear issue to demonstrate his political inde= pendence from the United States. =94The government has presented its nuclear ambitions much like Iran did,= turning it into a nationalist issue,=94 said Stacher. =94This way, Gamal= Mubarak, who has also made a number of recent statements expressing disp= leasure over U.S. policy, can establish his credentials in an 'Egypt Firs= t' way.=94 =94Essentially, it's an effective ploy to tap into the national dignity q= uestion; to give Egypt a concrete symbol that it's a sophisticated, moder= n country,=94 added Stacher. =94Gamal Mubarak will become more popular fo= r it.=94 Some Gamal Mubarak critics, however, suggest that Cairo had received a gr= een light from the United States before making the contentious announceme= nt. =94Gamal Mubarak received permission (to launch a nuclear programme) = =66rom Tel Aviv and Washington before bringing it up at the party confere= nce,=94 independent weekly al-Maydan wrote in its Sep. 27 issue. Many Egyptians are elated over their country's possible elevation to the = nuclear club, while expressing some reservations. =94If Egypt actually implemented the programme, we would be very proud; i= t would be great for the country, even if it's for only peaceful purposes= ,=94 said Ahmed Salah, a 25-year-old manager at a food and beverages comp= any in Cairo. =94But I'm afraid it won't amount to much; the issue is jus= t being used to give the people something to feel good about.=94 (END/IPS= /MM/PI/IP/NU/AM/SS/06) =20 =3D 10131004 ORP002 NNNN ***************************************************************** 32 NE StatePaper.com: NRC Chairman Says Nuclear Power Will Be Needed To Meet Energy Demand Friday, October 13, 2006 Nuclear power is the coming thing according to the new head of the Nuclear Regulatory Commission. Proponents say that no matter how fossil fuels or alternative fuels are viewed, they raise supply and environmental issues. Critics say that the potential for environmental calamity is more likely on the other foot, given the long-term toxicity of nuclear material. NRC Chairman Dale Klein said Thursday that the need for nuclear energy will grow as the nation’s energy demands climb toward a predicted 50 percent increase by 2055. Klein told a news conference in Omaha that “the world will build more (nuclear) plants†as energy demands increase. “There’s no reason why we can’t do it.†Nebraska is home to a pair of nuclear power plants. READ MORE. Should we go nuclear for coming energy needs? © 2006 Nebraska StatePaper.com | ***************************************************************** 33 IHT: After France stops data, nuclear power firms step in - International Herald Tribune By Lars Paulsson and Tom Cahill Bloomberg News FRIDAY, OCTOBER 13, 2006 LONDON Électricité de France, Suez and other French utilities said Thursday that they would begin publishing data on their power generation next month, after France ceased publishing performance data on France's 58 individual nuclear reactors in September. The companies will release aggregate daily production data by fuel source starting Nov. 15, Reseau de Transport d'Électricité, which operates the country's power grid, said. But some traders said the initiative did not go far enough. Capacity data are important for energy traders because they help them determine prices. France is the world's biggest producer of nuclear energy, which provides 84 percent of its power. Traders prefer data for each power plant, but France will not comply. "Aggregated data by fuel source is not enough," said Paul Dawson, director of commodities regulation at Barclays Capital in London. "We need to see data for past production on a plant-by-plant basis to truly understand the drivers of prices." The decision to publicize the information is a turnaround from the positions of UFE, the French electricity association, and Électricité de France. The two said as recently as Wednesday that there were no plans to release data. "Our mission is control and implementation, not production," said Evangelie Petit, a spokeswoman for ASN, the country's nuclear safety body. "That's truly the domain of EDF." Tom Cahill reported from Paris. Herald Tribune All rights reserved [IHT] ***************************************************************** 34 NRC: In the Matter of All Licensees Identified in Attachment 1 to FR Doc E6-16996 [Federal Register: October 13, 2006 (Volume 71, Number 198)] [Notices] [Page 60587-60590] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr13oc06-111] Order EA-06-241 and All Other Persons Who Seek or Obtain Access to Safeguards Information Described Herein; Order Imposing Fingerprinting and Criminal History Records Check Requirements for Access to Safeguards Information (Effective Immediately) I The Licensees identified in Attachment 1 \1\ to Order EA-06-241 hold licenses issued in accordance with the Atomic Energy Act (AEA) of 1954, as amended, by the U.S. Nuclear Regulatory Commission (NRC or Commission) or Agreement States, authorizing them to engage in an activity subject to regulation by the Commission or Agreement States. On August 8, 2005, the Energy Policy Act of 2005 (EPAct) was enacted. Section 652 of the EPAct amended Section 149 of the AEA to require fingerprinting and a Federal Bureau of Investigation (FBI) identification and criminal history records check of any person who is to be permitted to have access to Safeguards Information (SGI).\2\ The NRC's implementation of this requirement cannot await the completion of the SGI rulemaking, which is underway, because the EPAct fingerprinting and criminal history records check requirements for access to SGI were immediately effective upon enactment of the EPAct. Although the EPAct permits the Commission by rule to except certain categories of individuals from the fingerprinting requirement, which the Commission has done (see 10 CFR Part 73.59, 71 FR 33,989 (June 13, 2006)), it is unlikely that licensee employees or others are excepted from the fingerprinting requirement by the ``fingerprinting relief'' rule. Individuals relieved from fingerprinting and criminal history records checks under the relief rule include Federal, State, and local officials and law enforcement personnel; Agreement State inspectors who conduct security inspections on behalf of the NRC; members of Congress and certain employees of members of Congress or Congressional Committees, and representatives of the International Atomic Energy Agency (IAEA) or certain foreign government organizations. In addition, individuals who have a favorably-decided U.S. Government criminal history records check within the last five (5) years, or individuals who have active Federal security clearances (provided in either case that they make available the appropriate documentation), have satisfied the EPAct fingerprinting requirement and need not be fingerprinted again. Therefore, in accordance with Section 149 of the AEA, as amended by the EPAct, the Commission is imposing additional requirements for access to SGI, as set forth by this Order, so that affected licensees can obtain and grant access to SGI. This Order also imposes requirements for access to SGI by any person, from any person,\3\ whether or not a Licensee, Applicant, or Certificate Holder of the Commission or Agreement States. ----------------------------------------------------------------- ---------- \1\ Attachment 1 to Order EA-06-241 contains sensitive information and will not be released to the public. \2\ Safeguards Information is a form of sensitive, unclassified, security-related information that the Commission has the authority to designate and protect under section 147 of the AEA. \3\ Person means (1) any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, government agency other than the Commission or the Department of Energy, except that the Department of Energy shall be considered a person with respect to those facilities of the Department of Energy specified in section 202 of the Energy Reorganization Act of 1974 (88 Stat. 1244), any State or any political subdivision of, or any political entity within a State, any foreign government or nation or any political subdivision of any such government or nation, or other entity; and (2) any legal successor, representative, agent, or agency of the foregoing. ----------------------------------------------------------------- ---------- II The Commission has broad statutory authority to protect and prohibit the unauthorized disclosure of SGI. Section 147 of the AEA grants the Commission explicit authority to issue such Orders as necessary to prohibit the unauthorized disclosure of SGI. Furthermore, Section 652 of the EPAct amended Section 149 of the AEA to require fingerprinting and an FBI identification and a criminal history records check of each individual who seeks access to SGI. In addition, no person may have access to SGI unless [[Page 60588]] the person has an established need-to-know the information and satisfies the trustworthy and reliability requirements described in Attachment 3 to Order EA-06-241. In order to provide assurance that the Licensees identified in Attachment 1 to Order EA-06-241 are implementing appropriate measures to comply with the fingerprinting and criminal history records check requirements for access to SGI, all Licensees identified in Attachment 1 to Order EA-06-241 shall implement the requirements of this Order. In addition, pursuant to 10 CFR 2.202, I find that in light of the common defense and security matters identified above, which warrant the issuance of this Order, the public health, safety and interest require that this Order be effective immediately. III Accordingly, pursuant to Sections 81, 147, 149, 161b, 161i, 161o, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202, 10 CFR Parts 30 and 73, it is hereby ordered, effective immediately, that all licensees identified in attachment 1 to order EA-06-241 and all other Persons who seek or obtain access to safeguards information, as described above, shall comply with the requirements set forth in this order. A. 1. No person may have access to SGI unless that person has a need-to-know the SGI, has been fingerprinted or who has a favorably- decided FBI identification and criminal history records check, and satisfies all other applicable requirements for access to SGI. Fingerprinting and the FBI identification and criminal history records check are not required, however, for any person who is relieved from that requirement by 10 CFR 73.59 (71 FR 33989 (June 13, 2006)), or who has a favorably-decided U.S. Government criminal history records check within the last five (5) years, or who has an active Federal security clearance, provided in the latter two cases that the appropriate documentation is made available to the Licensee's NRC-approved reviewing official. 2. No person may have access to any SGI if the NRC has determined, based on fingerprinting and an FBI identification and criminal history records check, that the person may not have access to SGI. B. No person may provide SGI to any other person except in accordance with Condition III.A. above. Prior to providing SGI to any person, a copy of this Order shall be provided to that person. C. All Licensees identified in Attachment 1 to Order EA-06-241 shall comply with the following requirements: 1. The Licensee shall, within twenty (20) days of the date of this Order, establish and maintain a fingerprinting program that meets the requirements of Attachment 1 to this Order. 2. The Licensee shall, within twenty (20) days of the date of this Order, submit the fingerprints of one (1) individual who (a) the Licensee nominates as the ``reviewing official'' for determining access to SGI by other individuals, and (b) has an established need-to-know the information and has been determined to be trustworthy and reliable in accordance with the requirements described in Attachment 3 to Order EA-06-241. The NRC will determine whether this individual (or any subsequent reviewing official) may have access to SGI and, therefore, will be permitted to serve as the Licensee's reviewing official.\4\ The Licensee may, at the same time or later, submit the fingerprints of other individuals to whom the Licensee seeks to grant access to SGI. Fingerprints shall be submitted and reviewed in accordance with the procedures described in Attachment 1 of this Order. ----------------------------------------------------------------- ---------- \4\ The NRC's determination of this individual's access to SGI in accordance with the process described in Enclosure 5 to the transmittal letter of this Order is an administrative determination that is outside the scope of this Order. ----------------------------------------------------------------- ---------- 3. The Licensee shall, in writing, within twenty (20) days of the date of this Order, notify the Commission, (1) if it is unable to comply with any of the requirements described in this Order, including Attachment 1 to this Order, or (2) if compliance with any of the requirements is unnecessary in its specific circumstances. The notification shall provide the Licensee's justification for seeking relief from or variation of any specific requirement. Licensee responses to C.1., C.2., and C.3. above shall be submitted to the Director, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555. In addition, Licensee responses shall be marked as ``Security-Related Information--Withhold Under 10 CFR 2.390.'' The Director, Office of Federal and State Materials and Environmental Management Programs, may, in writing, relax or rescind any of the above conditions upon demonstration of good cause by the Licensee. IV In accordance with 10 CFR 2.202, the Licensee must, and any other person adversely affected by this Order may, submit an answer to this Order, and may request a hearing on this Order, within twenty (20) days of the date of this Order. Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for extension of time in which to submit an answer or request a hearing must be made in writing to the Director, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and include a statement of good cause for the extension. The answer may consent to this Order. Unless the answer consents to this Order, the answer shall, in writing and under oath or affirmation, specifically set forth the matters of fact and law on which the Licensee or other person adversely affected relies and the reasons as to why the Order should not have been issued. Any answer or request for a hearing shall be submitted to the Secretary, Office of the Secretary, U.S. Nuclear Regulatory Commission, ATTN: Rulemakings and Adjudications Staff, Washington, DC 20555. Copies also shall be sent to the Director, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and to the Assistant General Counsel for Materials Litigation and Enforcement at the same address, and to the Licensee if the answer or hearing request is by a person other than the Licensee. Because of possible delays in delivery of mail to United States Government offices, it is requested that answers and requests for hearing be transmitted to the Secretary of the Commission either by means of facsimile transmission to 301-415-1101 or by e-mail to and also to the Office of the General Counsel either by means of facsimile transmission to 301-415- 3725 or by e-mail to . If a person other than the Licensee requests a hearing, that person shall set forth with particularity the manner in which his/her interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309. If a hearing is requested by the Licensee or a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearing. If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained. [[Page 60589]] Pursuant to 10 CFR 2.202(c)(2)(i), the Licensee may, in addition to demanding a hearing, at the time the answer is filed or sooner, move the presiding officer to set aside the immediate effectiveness of the Order on the ground that the Order, including the need for immediate effectiveness, is not based on adequate evidence but on mere suspicion, unfounded allegations, or error. In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions as specified above in Section III shall be final twenty (20) days from the date of this Order without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions as specified above in Section III shall be final when the extension expires if a hearing request has not been received. An answer or a request for hearing shall not stay the immediate effectiveness of this order. Dated this 4th day of October 2006. For the Nuclear Regulatory Commission. Charles L. Miller, Director, Office of Federal and State Materials and Environmental Management Programs. Attachment 1--Requirements for Fingerprinting and Criminal History Records Checks of Individuals When Licensee's Reviewing Official is Determining Access to Safeguards Information General Requirements Licensees shall comply with the requirements of this attachment. A. 1. Each Licensee subject to the provisions of this attachment shall fingerprint each individual who is seeking or permitted access to Safeguards Information (SGI). The Licensee shall review and use the information received from the Federal Bureau of Investigation (FBI) and ensure that the provisions contained in the subject Order and this attachment are satisfied. 2. The Licensee shall notify each affected individual that the fingerprints will be used to secure a review of his/her criminal history record and inform the individual of the procedures for revising the record or including an explanation in the record, as specified in the ``Right to Correct and Complete Information'' section of this attachment. 3. Fingerprints need not be taken if an employed individual (e.g., a Licensee employee, contractor, manufacturer, or supplier) is relieved from the fingerprinting requirement by 10 CFR Part 73.59, has a favorably-decided U.S. Government criminal history records check within the last five (5) years, or has an active Federal security clearance. Written confirmation from the Agency/ employer which granted the Federal security clearance or reviewed the criminal history records check must be provided. The Licensee must retain this documentation for a period of three (3) years from the date the individual no longer requires access to SGI associated with the Licensee's activities. 4. All fingerprints obtained by the Licensee pursuant to this Order must be submitted to the Commission for transmission to the FBI. 5. The Licensee shall review the information received from the FBI and consider it, in conjunction with the trustworthy and reliability requirements included in Attachment 3 to this Order, in making a determination whether to grant access to SGI to individuals who have a need-to-know the SGI. 6. The Licensee shall use any information obtained as part of a criminal history records check solely for the purpose of determining an individual's suitability for access to SGI. 7. The Licensee shall document the basis for its determination whether to grant access to SGI. B. The Licensee shall notify the NRC of any desired change in reviewing officials. The NRC will determine whether the individual nominated as the new reviewing official may have access to SGI based on a previously-obtained or new criminal history check and, therefore, will be permitted to serve as the Licensee's reviewing official. Prohibitions A Licensee shall not base a final determination to deny an individual access to SGI solely on the basis of information received from the FBI involving: An arrest more than one (1) year old for which there is no information of the disposition of the case, or an arrest that resulted in dismissal of the charge or an acquittal. A Licensee shall not use information received from a criminal history check obtained pursuant to this Order in a manner that would infringe upon the rights of any individual under the First Amendment to the Constitution of the United States, nor shall the Licensee use the information in any way which would discriminate among individuals on the basis of race, religion, national origin, sex, or age. Procedures for Processing Fingerprint Checks For the purpose of complying with this Order, Licensees shall, using an appropriate method listed in 10 CFR Part 73.4, submit to the NRC's Division of Facilities and Security, Mail Stop T-6E46, one completed, legible standard fingerprint card (Form FD-258, ORIMDNRCOOOZ) or, where practicable, other fingerprint records for each individual seeking access to Safeguards Information, to the Director of the Division of Facilities and Security, marked for the attention of the Division's Criminal History Check Section. Copies of these forms may be obtained by writing the Office of Information Services, U.S. Nuclear Regulatory Commission, Washington, DC 20555- 0001, by calling (301) 415-5877, or by e-mail to . Practicable alternative formats are set forth in 10 CFR Part 73.4. The Licensee shall establish procedures to ensure that the quality of the fingerprints taken results in minimizing the rejection rate of fingerprint cards due to illegible or incomplete cards. The NRC will review submitted fingerprint cards for completeness. Any Form FD-258 fingerprint record containing omissions or evident errors will be returned to the Licensee for corrections. The fee for processing fingerprint checks includes one re-submission if the initial submission is returned by the FBI because the fingerprint impressions cannot be classified. The one free re-submission must have the FBI Transaction Control Number reflected on the re-submission. If additional submissions are necessary, they will be treated as initial submittals and will require a second payment of the processing fee. Fees for processing fingerprint checks are due upon application. Licensees shall submit payment with the application for processing fingerprints by corporate check, certified check, cashier's check, money order, or electronic payment, made payable to ``U.S. NRC.'' [For guidance on making electronic payments, contact the Facilities Security Branch, Division of Facilities and Security, at (301) 415- 7404]. Combined payment for multiple applications is acceptable. The application fee (currently $27) is the sum of the user fee charged by the FBI for each fingerprint card or other fingerprint record submitted by the NRC on behalf of a Licensee, and an NRC processing fee, which covers administrative costs associated with NRC handling of Licensee fingerprint submissions. The Commission will directly notify Licensees who are subject to this regulation of any fee changes. The Commission will forward to the submitting Licensee all data received from the FBI as a result of the Licensee's application(s) for criminal history records checks, including the FBI fingerprint record. Right to Correct and Complete Information Prior to any final adverse determination, the Licensee shall make available to the individual the contents of any criminal records obtained from the FBI for the purpose of assuring correct and complete information. Written confirmation by the individual of receipt of this notification must be maintained by the Licensee for a period of one (1) year from the date of the notification. If, after reviewing the record, an individual believes that it is incorrect or incomplete in any respect and wishes to change, correct, or update the alleged deficiency, or to explain any matter in the record, the individual may initiate challenge procedures. These procedures include either direct application by the individual challenging the record to the agency (i.e., law enforcement agency) that contributed the questioned information, or direct challenge as to the accuracy or completeness of any entry on the criminal history record to the Assistant Director, Federal Bureau of Investigation Identification Division, Washington, DC 20537-9700 (as set forth in 28 CFR Part 16.30 through 16.34). In the latter case, the FBI forwards the challenge to the agency that submitted the data and requests that agency to verify or correct the challenged entry. Upon receipt of an official communication directly from the agency that contributed the original information, the FBI Identification Division makes any changes necessary in accordance with the information supplied by that agency. The Licensee must provide at least ten (10) days for an [[Page 60590]] individual to initiate an action challenging the results of an FBI criminal history records check after the record is made available for his/her review. The Licensee may make a final SGI access determination based upon the criminal history record only upon receipt of the FBI's ultimate confirmation or correction of the record. Upon a final adverse determination on access to SGI, the Licensee shall provide the individual its documented basis for denial. Access to SGI shall not be granted to an individual during the review process. Protection of Information 1. Each Licensee who obtains a criminal history record on an individual pursuant to this Order shall establish and maintain a system of files and procedures for protecting the record and the personal information from unauthorized disclosure. 2. The Licensee may not disclose the record or personal information collected and maintained to persons other than the subject individual, his/her representative, or to those who have a need to access the information in performing assigned duties in the process of determining access to Safeguards Information. No individual authorized to have access to the information may re- disseminate the information to any other individual who does not have a need-to-know. 3. The personal information obtained on an individual from a criminal history record check may be transferred to another Licensee if the Licensee holding the criminal history record check receives the individual's written request to re-disseminate the information contained in his/her file, and the gaining Licensee verifies information such as the individual's name, date of birth, social security number, sex, and other applicable physical characteristics for identification purposes. 4. The Licensee shall make criminal history records, obtained under this section, available for examination by an authorized representative of the NRC to determine compliance with the regulations and laws. 5. The Licensee shall retain all fingerprint and criminal history records received from the FBI, or a copy if the individual's file has been transferred, for three (3) years after termination of employment or determination of access to SGI (whether access was approved or denied). After the required three (3) year period, these documents shall be destroyed by a method that will prevent reconstruction of the information in whole or in part. [FR Doc. E6-16996 Filed 10-12-06; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 35 NRC: Atomic Safety and Licensing Board; Before Administrative Judges: FR Doc E6-16997 [Federal Register: October 13, 2006 (Volume 71, Number 198)] [Notices] [Page 60583] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr13oc06-109] [[Page 60583]] Lawrence G. McDade, Chairman, Nicholas G. Trikouros, Dr. Richard E. Wardwell; In the Matter of System Energy Resources, Inc.; Early Site Permit for Grand Gulf Site; Notice of Hearing October 6, 2006. This Atomic Safety and Licensing Board hereby gives notice that it will convene an evidentiary session to receive testimony and exhibits in the ``mandatory hearing'' portion of this proceeding regarding the October 16, 2003, application of System Energy Resources, Inc. (SERI) for a 10 CFR part 52 early site permit (ESP), seeking approval of the site of the existing Grand Gulf Nuclear Station (GGNS) near Port Gibson in Claiborne County, Mississippi, for the possible future construction of a new nuclear power generation facility.\1\ This mandatory hearing will concern safety and environmental matters relating to the proposed issuance of the requested ESP, as more fully described below. ----------------------------------------------------------------- ---------- \1\ See 69 FR 2636 (Jan. 16, 2004). ----------------------------------------------------------------- ---------- A. Matters To Be Considered As set forth by the Commission in the January 2004 ``Notice of Hearing and Opportunity To Petition for Leave To Intervene Early Site Permit for the Grand Gulf ESP Site'' (69 FR at 2636) and the applicable regulations in 10 CFR 52.21, the matters at issue in this proceeding are whether the application and the record of this proceeding contain sufficient information, and the NRC Staff's review of the application has been adequate to support a finding that: (a) The issuance of this ESP will not be inimical to the common defense and security or to the health and safety of the public (Safety Issue 1); (b) taking into consideration the site criteria contained in 10 CFR part 100, a reactor or reactors having characteristics that fall within the parameters for the site, can be constructed and operated without undue risk to the public health and safety (Safety Issue 2); and (c) in accordance with the requirements of 10 CFR part 51, Subpart A, the ESP should be issued as proposed. Additionally, in accord with the Commission's January 2004 notice, also at issue in this proceeding are: (d) Whether the requirements of Sections 102(2)(A), (C), and (E) of the National Environmental Policy Act of 1969 and 10 CFR part 51, Subpart A, have been complied with in this proceeding; (e) whether the final balance among conflicting factors contained in the record of this proceeding indicate that granting the ESP is the appropriate action to be taken; and (f) whether, after considering reasonable alternatives, the ESP should be issued, denied, or appropriately conditioned to protect environmental values. B. Date, Time, and Location of Mandatory Hearing The Board will conduct this mandatory hearing at the specified location and time: 1. Date: Tuesday, November 14, 2006. Time: Beginning at 9 a.m. EST. Location: ASLBP Hearing Room, Two White Flint North, Third Floor, 11545 Rockville Pike, Rockville, Maryland 20852-2738. The hearing on these issues will continue day-to-day thereafter until concluded. Any members of the public who plan to attend the mandatory hearing are advised that security measures will be employed at the entrance to the hearing facility, including searches of hand-carried items such as briefcases or backpacks. The public is further advised that, in accordance with 10 CFR 2.390, portions of the hearing sessions may be closed to the public because the matters at issue may involve the discussion of protected information. C. Availability of Documentary Information Regarding the Proceeding Documents relating to this proceeding are available for public inspection at the Commission's Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, or electronically from the publicly available records component of NRC's document system (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room). Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC PDR reference staff by telephone at (800) 397-4209 or (301) 415-4737, or by e-mail to pdr@nrc.gov. D. Scheduling Information Updates Any updated/revised scheduling information regarding the evidentiary hearing can be found on the NRC Web site at http://www.nrc.gov/ [fxsp0]public-involve/public-meetings/[fxsp0]index.cfm or by calling (800) 368-5642, extension 5036, or (301) 415-5036. ----------------------------------------------------------------- ---------- \2\ Copies of this Notice were sent this date by Internet e-mail transmission to: (1) Counsel for the NRC Staff and (2) Counsel for SERI. ----------------------------------------------------------------- ---------- It is so ordered. Dated: October 6, 2006 at Rockville, Maryland. For the Atomic Safety and Licensing Board.\2\ Lawrence G. McDade, Chairman, Administrative Judge. [FR Doc. E6-16997 Filed 10-12-06; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 36 CNN: Russia building nuke barge to power Arctic - CNN.com By Bjorn Carey (PopSci.com[external link] ) -- While the U.S. hems and haws over reviving nuclear energy as a less expensive alternative to oil, Russia has dug back 30 years in our nuclear history to find a solution for some of its own energy woes: the floating nuclear power plant. The Russian nuclear-energy company Rosenergoatom is planning a mobile plant to deliver electricity to hard-to-reach northern territories near the White Sea, where harsh weather makes regular coal and oil fuel deliveries unreliable and expensive. The $200-million floating plant -- slated for construction next year -- could provide relatively inexpensive, reliable electricity to 200,000 people. Although the concept of a water-borne nuke plant might sound outlandish, it isn't new, nor did it originate in Russia. Westinghouse Electric Company considered the idea in the 1970s and built an immense dry-dock facility in Jacksonville, Florida, where plants would be launched and floated north along the Eastern Seaboard, conveniently doling out power to towns in need. Engineers would be able to standardize construction for multiple plants in an offsite factory with increased quality control and reduced production costs before tugging a plant to its port of call. But ultimately, says retired Westinghouse consultant Richard Orr, energy conservation following the 1973 OPEC oil embargo killed the project. The Russian plan is to mount two reactors on a football-field-size barge, float it to a port, connect power lines to the mainland, and turn on the reactors, providing communities with affordable electricity. The plant will store waste and spent fuel in an onboard facility that workers will empty every 10 to 12 years during regular maintenance overhauls. After 40 years, the normal life span for a nuclear plant, the decommissioned plant would be towed away and replaced with a new one. The reactor and spent fuel would go to a storage facility, but the barge could be recycled. Yet because the safety of the Russian facility is still unknown, the prospect of resurrecting the Westinghouse idea in the White Sea has drawn protest from environmental groups such as Greenpeace and the Norwegian foundation Bellona. One concern is that a boat could ram the plant and spill waste into the water. An even bigger fear is that a nasty storm could cut the plant off from the land-based power supply required to run plant operations. Should emergency generators fail, says David Lochbaum, director of the Nuclear Safety Project at the Union of Concerned Scientists, a Chernobyl-like disaster could ensue. In a worst-case scenario, an overheated core could melt through the bottom of the barge and drop into the water, creating a radioactive steam explosion. Such a cloud could do far more damage than the plume of nuclear fallout kicked up by the 1986 explosion of the Chernobyl nuclear power plant in the former U.S.S.R., Lochbaum notes, because the human body absorbs radioactive water droplets more easily than it does radioactive ash. "Its worst day would be much worse than a land power plant's," he says. Sergey Obozov, acting director for Rosenergoatom, says that reactors at sea have a proven safety record: The facility would be powered by two 60-megawatt KLT-40S reactors adapted from those already in use on three Russian nuclear-powered icebreakers. Yet Cristina Chuen, a Russian nuclear-energy specialist with the Monterey Institute for International Studies in California, cautions that subtle performance differences might arise when running the reactor for pure energy generation instead of propulsion, noting that the cooling system remains unproven. Although the technology exists to contain a burning core, Rosenergoatom won't say if the plant -- which was designed a decade ago -- will include the most modern safety measures. With a building permit in hand, Rosenergoatom aims to have the facility afloat in the port city of Severodvinsk in the southeastern White Sea by late 2010. "The Russians have learned a lot about safety from the U.S. Department of Energy, Sweden and Norway -- who probably all wish [the Russians] would focus on things other than a floating nuclear power plant," says Chuen, who adds that she wishes the planning process were more transparent. "Maybe it will turn out great, but I just hope they did all the research to make sure it's safe." © 2006 Cable News Network LP, LLLP. ***************************************************************** 37 AFP: US gives assurances on Indian nuclear deal - Fri Oct 13, 12:52 AM ET NEW DELHI (AFP) - A top US official has given assurances that the United States wants to go ahead with a key civilian nuclear deal with India, easing fears for the agreement raised by North Korea" /> North Korea's atomic test. US Under Secretary of State Nicholas Burns said in an interview broadcast Thursday that Washington was "determined" to implement the deal. "We are determined to fulfil the commitments we made to the Indian government," Burns told NDTV. Burns said he had been in touch with Indian officials to "assure that the US wants to go forward on all of the definite initiatives that President (George) Bush and Prime Minister (Manmohan) Singh talked in March." The accord -- reached during Bush's March visit -- aims to give New Delhi access to previously forbidden nuclear technology to generate electricity to fuel its rapid economic growth. Under the terms of the deal, India -- which conducted nuclear tests in 1974 and 1998 and has not signed the Nuclear Non-Proliferation Treaty (NPT) -- will separate its civilian and military plants and put the former under international safeguards. Washington for its part agreed to amend its 1954 Atomic Energy Act to allow nuclear commerce and trade in technology with a non-NPT signatory. The US Congress gave its thumbs-up to the deal in July but a vote has been delayed in the Republican-controlled Senate that will shortly hold polls to elect new members. North Korea's announcement earlier this week that it had conducted a nuclear test had however given rise to doubts about whether US lawmakers opposed to the deal would allow it to go through. Burns however said Congressmen and Senators were aware of the "world of difference between India and North Korea." "India is a peaceful, democratic, law-abiding leader of the international community. North Korea is the reverse of all that," he told NDTV. "There is great trust that the commitments the Indian government has made to us will be fulfilled and we are very confident that the India deal will be approved by a substantial margin, at least we hope it will. "We have been encouraged by the great number of senators, Democrats and Republicans, who have come out to support the agreement," Burns added. Copyright © 2006 Agence France Presse. All rights reserved. The ***************************************************************** 38 Japan Times: Ehime reactor gets go-ahead to go pluthermal Saturday, Oct. 14, 2006 GOVERNOR GIVES '10 MOX NOD, SNUBS FOES Ehime reactor gets go-ahead to go pluthermal MATSUYAMA, Ehime Pref. (Kyodo) Ehime Prefecture on Friday accepted Shikoku Electric Power Co.'s plan to start using plutonium extracted from spent nuclear fuel to generate power at a reactor in the town of Ikata by fiscal 2010. [News photo] The Ikata power plant's No. 3 reactor operated by Shikoku Electric Power Co. faces the Seto Inland Sea in western Shikoku. KYODO PHOTO The local endorsement of the so-called pluthermal plan at the Ikata power plant's No. 3 reactor followed the central government go-ahead in March, making it the second reactor in Japan to have cleared both central and local government scrutiny. Despite lingering opposition from citizen groups, Ehime Gov. Moriyuki Kato handed a written agreement to Shikoku Electric Power President Momoki Tokiwa at the prefectural office Friday morning, after getting consent Thursday from Ikata Mayor Kazuhiko Yamashita. By accepting the plan, the Ehime government will receive 6 billion yen in subsidies over 10 years. Pluthermal, or plutonium-thermal, power generation involves burning plutonium-uranium mixed-oxide fuel, or MOX, made from spent fuel at nuclear reactors. Amid a stalemate in Tokyo's efforts to develop a fast-breeder reactor, pluthermal power generation has become the pillar of Japan's plan. A spent nuclear fuel reprocessing plant in Rokkasho, Aomori Prefecture, began a test run in March. Japan's power industry aims to realize pluthermal power generation at 16 to 18 reactors by fiscal 2010. But the process, which the government decided to promote in 1997, has stalled with Tokyo Electric Power Co. and Kansai Electric Power Co. suspending their plans due to scandals and an accident alienating local governments. Prior local consent is a prerequisite for any reactor-related changes under security agreements power companies have concluded with the local governments that host their nuclear plants. Last March, Kyushu Electric Power Co. gained local support for its pluthermal project at the Genkai nuclear plant in Saga Prefecture, about six months after getting state approval. Shikoku Electric Power made requests in May 2004 for Ehime Prefecture and Ikata to approve its project. Ehime Gov. Kato has voiced confidence in the local power supplier's safety practices and said he believes the central government's pluthermal policy is reasonable. The Japan Times (C) All rights reserved ***************************************************************** 39 UPI: Analysis: Inquiry into N.Y. nuke plant United Press International - Energy - 10/13/2006 5:38:00 PM -0400 By BEN LANDO UPI Energy Correspondent WASHINGTON, Oct. 13 (UPI) -- The top U.S. nuclear regulator has called for an "independent assessment" of safety oversight at the Indian Point plant, 45 miles north of New York City, in a move criticized as both too mute and politically motivated. Community groups and elected officials have pressed the U.S. Nuclear Regulatory Commission to act on safety concerns, though the NRC has given Indian Point high marks. In response, NRC Chairman Dale Klein in a memo Wednesday gave NRC Executive Director of Operations Luis Reyes 30 days "to develop a Charter to conduct an independent assessment of the implementation of the NRC's reactor oversight process at the Indian Point facility." The Reactor Oversight Process, reconstituted five years ago, is used to monitor plants "to verify that they are being operated in accordance with NRC rules and regulations," according to the just-released NRC Information Digest. "The Charter should be structured to not only assess the efficacy of the NRC's implementation of the reactor oversight program at Indian Point and possibly other facilities, but to also identify areas within the program that may need refinement as well as insights into licensee performance," Klein wrote. While praising recently instituted oversight guidelines -- a sentiment somewhat shared with one of the country's top nuclear safety watchdogs -- Klein wrote: "nevertheless, I believe that additional review of our actions would be beneficial." Indian Point, located in Buchanan, N.Y., on the Hudson River, can push 2,000 megawatts of power from its two reactors, which went online in 1974 and 1976. If the NRC approves it, the reactors could be granted a 20-year-renewal when their current licenses expire in 2013 and 2015, respectively. "People around New York think that Indian Point is less safe than it needs to be," said Dave Lochbaum, director of the Nuclear Safety Project at the Union of Concerned Scientists. "I welcome NRC Chairman Klein's interest in reviewing oversight at Indian Point, but I continue to believe that a full and independent safety assessment is necessary to address public concerns," Sen. Hillary Clinton, D-N.Y., wrote in an e-mail to The Journal News this week. Clinton, and others, still want what's known as an Independent Safety Assessment Team inspection, which was thorough enough to shut down the Maine Yankee nuclear plant in 1996 (though Lochbaum wrote March 15 an "engineering assessment inspection," or "ISAT-lite" as he dubbed it, "would likely have turned over enough rocks to reveal the same performance problems that ISAT revealed" at Maine Yankee). Both are methods within the Reactor Oversight Process umbrella. But "the NRC has been reluctant" to move on the complaints raised about Indian Point, Lochbaum said, though he says he doesn't think there's anything wrong with the plant that isn't being adequately addressed. Lochbaum says the Reactor Oversight Process needs to upgraded, though. Lisa Rainwater, Indian Point campaign director for Riverkeeper, which wants the plant shut down, called Klein's move just "oversight of oversight. "It's great that he's taking a step to look at how it (NRC) oversees safety at Indian Point," she said. She insists, however, that "a checkered history" at the plant, including radioactive leaks and a "gravely flawed" emergency evacuation plan, warrants an ISAT. "It's basically bureaucracy churning its wheels continuously in Washington, without assuring health and safety," she said. "We're not an anti-nuclear group. We're watchdogs for the Hudson River and New York City water supply." Rainwater is calling for action on bills stuck since spring in Senate and House energy subcommittees, introduced by Clinton and Rep. Maurice Hinchey, D-N.Y., which would mandate an ISAT inspection at Indian Point. "It's apparent that the review the NRC is talking about doing is brought about by political pressure," said Jim Steets, spokesman for Entergy Nuclear Northeast, Indian Point's owner. Reps. Nita Lowey and Eliot Engel, both D-N.Y., as well as Reps. Sue Kelly, R-N.Y., and Christopher Shays, R-Conn., all co-signed Hinchey's bill. No Senator has signed onto Clinton's bill. "Around here I don't take the NRC at face value; I'm skeptical," Kelly told the Mid-Hudson News Network. "We're fully supportive of what NRC finally decides to do," Steets said, while touting "green" evaluation ratings -- the highest -- from the NRC. Indian Point operates within the regulatory guidelines the NRC sets out, he said, adding safety issues Rainwater raises about the plant don't threaten the wellbeing of residents or workers. In the letter, Klein, the NRC leader since July, alluded to possibly bringing in the International Atomic Energy Agency to conduct an in-depth look at the plant as part of the review, NRC spokeswoman Beth Hayden said. An Operational Safety Review Team is a program where "international teams of experts conduct three-week in-depth reviews of operational safety performance at individual nuclear power plants. These reviews are conducted at the request of the government of the host country," according to the IAEA Web site. © Copyright 2006 United Press International, Inc. All Rights Reserved ***************************************************************** 40 NRC: Live NRC Meeting Webcast The U.S. Nuclear Regulatory Commission broadcasts some Commission meetings over the Internet as a means of improving communications with the public. Upcoming webcasts are: Date Subject 10/16/06 Briefing on Status of New Reactor Issues - Combined Operating Licenses (COLS) - Morning session - 9:30 A.M. Briefing on Status of New Reactor Issues - Combined Operating Licenses (COLS) - Afternoon session - 1:30 P.M. + Slides 10/20/06 Meeting with the Advisory Committee on Reactor Safeguards (ACRS) 2:30 P.M. 10/25/06 Briefing on Institutionalization and Integration of Agency Lessons Learned 9:30 A.M. 10/25/06 Briefing on Resolution of GSI-191, Assessment of Debris Accumulation on PWR Sump Performance 1:30 P.M. 11/8/06 Briefing on Digital Instrumentation and Control 9:30 A.M. 11/9/06 Briefing on Draft Final RulePart 52 (Early Site Permits/Standard Design Certification/Combined Licenses) 9:30 A.M. The following resources will assist you in participating: + Public Meeting Schedule - provides a complete listing of agency meetings. Live meetings shown as [webcast] + Commission Meeting Schedule - lists all Commission meetings for a six week period. Live meetings shown as [webcast] + Slides - available in advance of the meeting + Transcripts - available within 48 hours of the conclusion of the live meeting + Meeting SRM - documentation of any Commission's decisions from the meeting To view a webcast you will need to download the RealOne plugin [RealNetworks Media Streaming Player icon] . You may also view previous webcasts at our . Comments and Feedback To help us determine the value of continuing to provide this service, the NRC would appreciate your assistance by providing comments and feedback on the usefulness, performance, and frequency with which you might use this service or any other items related to this service. + Contact Us About Webcasts + Webcast Interest Survey Notes on Accessibility Section 508 of the Rehabilitation Act requires equal access to the Federal government's electronic and information technology. In compliance with this Act, NRC is including text equivalents (captioning) as part of the video image being shown over the Internet during the Commission meeting. Although every effort is made to assure the accuracy and completeness of this text, users should be aware that errors may nonetheless occur. Expressions of opinion in this text do not necessarily reflect final determination or beliefs. No pleadings or other paper may be filed with the Commission in any proceeding as a result of any statement or argument contained in the text-equivalent (captioned) material. Last revised Wednesday, October 11, 2006 ***************************************************************** 41 Guardian Unlimited: Groups Question Nuke Plant Terror Risk From the Associated Press [UP] Friday October 13, 2006 3:16 PM By HOLBROOK MOHR Associated Press Writer JACKSON, Miss. (AP) - Environmental groups opposed to expanding a nuclear power plant accused federal regulators of failing to publicly address whether the project would increase the risk of terrorism. In a formal objection filed Thursday with the Nuclear Regulatory Commission, the Sierra Club and two Washington-based environmental groups - Nuclear Information and Resource Service and Public Citizen - urged the agency to hold public hearings. The plan for a second reactor at the Grand Gulf Nuclear Station near Port Gibson, about 25 miles south of Vicksburg, is in the permitting phase. ``You don't have to be a CIA agent to know that nuclear power plants are natural targets,'' said Rose Johnson, co-chairwoman of the Sierra Club's Mississippi chapter. ``People have a right to know the potential dangers they face in their own neighborhoods.'' Commission spokesman Scott Burnell said Friday that regulators are currently considering only whether the site can support a new nuclear power plant and do not typically address security at this stage. The existing reactor, which has been producing electricity since 1985, is one of 10 operated by Entergy Corp. The expansion project is being pushed by NuStart Energy, a consortium of nearly a dozen energy companies. Entergy officials have said it could take the consortium five years to secure permits for a new reactor and another five years to build it. No decisions have been made on whether to proceed. ^--- On the Net: http://www.sierraclub.org/ms http://www.nrc.gov http://www.nustartenergy.com Guardian Unlimited © Guardian Newspapers Limited 2006 ***************************************************************** 42 IEER's Latest: North Korea; Fernald; Calculate CO2 from Coal Date: Fri, 13 Oct 2006 15:20:46 -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 Here two new items from IEER. We hope they are useful to you. Feedback is, as always, welcome. aad (1) Science for Democratic Action, Vol 14, No 3 (November 2006) www.ieer.org/sdafiles/14-3.pdf [PDF 760kB] Fernald Waste Management Environmental Transport of Radium and Plutonium Principles for Safeguarding Nuclear Waste at Reactors Atomic Puzzler: Calculate CO2 Emissions from a Coal Plant Note: If you are receiving Science for Democratic Action by mail and would rather receive it via email notification like this, then please reply to this email with your name, city, state, and email address. This will help reduce our postage costs. Plus, the electronic version is posted in advance of the print, so you will be among the first to read SDA. (2) IEER on CNN International re: North Korea. IEER president Arjun Makhijani was interview on CNN International on October 9 regarding the recent North Korea nuclear test. The transcript is available at http://transcripts.cnn.com/TRANSCRIPTS/0610/09/i_ins.01.html -- scroll about half way down. To unsubscribe from IEER Updates (less than one email per month on average), reply to this email, message intact, with "Remove" in the subject line. Lisa Ledwidge Outreach Director, United States, and Editor of Science for Democratic Action Institute for Energy and Environmental Research (IEER) PO Box 6674 | Minneapolis, MN 55406 USA tel. 1-612-722-9700 | fax: please call first | ieer@ieer.org | http://www.ieer.org IEER's main office: 6935 Laurel Ave. Suite 201 | Takoma Park, MD 20912 USA | tel. 1-301-270-5500 | fax 1-301-270-3029 ***************************************************************** 43 [NYTr] Old French Nuke tests "represented a slight (health) risk" Date: Fri, 13 Oct 2006 21:22:27 -0400 (EDT) X-Sender-Host-Name: olm.blythe-systems.com X-Spam-Class: HAM-VERY-WHITELIST Via NY Transfer News Collective * All the News that Doesn't Fit sent by Riaz K Tayob (activ-l) - Oct 13, 2006 InterPress Service -Oct 12, 2006 Cancer Fears Emerge as Fallout of French Nuclear Tests by Julio Godoy PARIS, Oct 12 (IPS) - New evidence is emerging of cancers caused by French nuclear testing in its South Pacific islands from the 1960s. Between 1966 and 1996 France carried out 192 nuclear tests in French Polynesia, a group of islands in the south Pacific. These included 42 atmospheric tests, in the face of opposition from local residents. Now, 40 years after the tests began, the French government has finally started to admit that Polynesian inhabitants may have been right to fear the consequences of radioactivity. Marcel Jurien de La Gravihre, representative of the French Commission on Nuclear Safety, announced in Papetee, capital of French Polynesia last week that a "coherent and continued medical examination" would be proposed for inhabitants most likely affected by the tests. Such testing will be offered to some 2,000 persons, he said. Jurien de la Gravihre admitted that six of the 192 tests had "affected in a significant manner some islands and atolls" in the region. The French military carried out the six atmospheric nuclear tests between 1966 and 1974 on the islands Moruroa, Fangataufa, Magareva, Gambier, Tureia and Tahiti. These tests "represented a slight (health) risk", the ministry of defence now says. Two of the Polynesian tests are particularly in question - the ones called Aldibaran (1966) and Phoebe (1971). According to new official figures these tests released far higher radiation than acknowledged so far. Up to 150,000 people inhabited the islands in the region at the time. Some 20,000 other people worked at nuclear test sites during the 30 years of testing. The change in the French government's position comes after Florent de Vathaire, a researcher at the National Institute for Health and Medical Research (INSERM, after its French name) reported that the nuclear tests closely correlate with the appearance of thyroid cancer typically associated with radioactivity. Florent de Vathaire, head of the epidemiological cancer unit at INSERM found "a statistically significant relation" between the nuclear tests and the incidence of thyroid cancer. De Vathaire studied some 240 cases of thyroid cancer reported in the islands. On July 17 this year, de Vathaire presented his findings to the ministry of defence, and urged it to declassify military reports that he said confirm the findings. "I would like to study the data contained in the classified documents, which would allow us to confirm in a more precise manner the nature of the health dangers represented by the tests," de Vathaire told IPS. Cancer victims and their relatives in the French Polynesia have made similar demands. "So far, the French authorities have said that the nuclear bomb tests did not represent any danger," Patrice Bouveret, director of the Observatory of French Nuclear Weapons, an independent group, told IPS. "Now, the same authorities are saying that there was indeed a 'slight' risk." But this admission too comes on the basis of reports by military officers, he said. "Nobody else has seen the original documents to verify such claims. If the victims would have these official reports, they could act legally and demand that justice be done." The questions are not confined to the south Pacific islands. France carried out 17 tests in Reggane region in the Algerian Sahara in 1961 and 1962, just before Algerian independence. Health activists and affected people who have come together as the Association of Veterans of the French Nuclear Tests (AVEN) in French Polynesia and in the Algerian Sahara are fighting for declassification of the reports, and for recognition by the French authorities that the nuclear tests have caused a high number of cancers in these regions. Jean-Paul Teissonihre, legal counsellor of AVEN and of the Polynesian association Mururoa e Tatou has been lodging complaints against the French authorities since 2003. One aim is to obtain pensions from the French state for the victims and their relatives, he told IPS. "But in order to establish this causality link between the tests and the numerous illnesses we have to argue by presumption unless the authorities release the classified documents." (END/2006) * ================================================================ .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 ================================================================ ***************************************************************** 44 [NYTr] DPRK Nuclear test angers Hiroshima survivors Date: Fri, 13 Oct 2006 11:46:08 -0500 (CDT) X-Sender-Host-Name: chumbly.math.missouri.edu X-Spam-Class: HAM Via NY Transfer News Collective * All the News that Doesn't Fit sent by Simon McGuinness The Irish Times - Oct 12, 2006 http://www.ireland.com/newspaper/world/2006/1012/1160340240004.html Nuclear test bomb angers Hiroshima survivors by David McNeill in Japan JAPAN: Few people are angrier that North Korea has joined the world's nuclear club than Sunao Tsuboi. As a 20-year-old Hiroshima student, he was burnt from head to toe when the US dropped the Fat Man A-bomb on that city in August 1945. He still bears the scars all over his face and body. "We're furious about this test," he says of Japan's 270,000 A-bomb survivors. "It means that more countries are sure to follow, and how can the nuclear powers tell them not to develop their own bombs? Our greatest worry is that Japan will now feel it has to have its own nuclear weapon." Japan's legacy as the world's only A-bomb victim means any talk of developing its own nuclear option has long been taboo. But in the wake of Pyongyang's apparently successful test, the limits of this taboo are again being tested. Former prime minister Yasuhiro Nakasone is just the latest politician to suggest that Japan should "study the nuclear issue", voicing a sentiment that has long stalked the conservative wing of Japanese politics. This week Japan's largest newspaper, the Yomiuri, also said the country should reconsider its aversion to the bomb, urging the government to not let its "emotional nuclear allergy" stop it from "taking a realistic response to such a major change". Politics, not technology, hinders the development of Japanese nuclear weapons. The world's second-largest economy also boasts one of its largest nuclear industries with 55 reactors operating, 11 more planned, and a huge new reprocessing plant which will add to the 45 tonnes of plutonium already stored around the country. In 2002 senior opposition figure Ichiro Ozawa spelled out the implications of goading this sleeping giant when he told China that it would be "a simple matter" for Japan to build "3,000 to 4,000 nuclear warheads" if its neighbour got "too inflated". Most experts believe a bomb could be built in six months. In public at least, new prime minister Shinzo Abe resists such calls. In a Diet question-and-answer session this week he reiterated Japan's three nuclear principles: that it will not "manufacture or possess nuclear weapons or allow their introduction into" the country. "I would like to clearly state that there will be no change to [ these principles]," he said. But the reality of Japan's strict anti-nuclear stance has not always matched the politicians' rhetoric. Nuclear-armed US vessels have secretly docked in Japanese ports. In the 1970s prime minister Eisaku Sato commissioned a nuclear feasibility plan which was so politically explosive it stayed buried for 20 years. In the near term, most experts believe Pyongyang's bomb is likely to push Tokyo closer into the arms of the US, under whose nuclear umbrella Japan has sheltered for half a century. Mr Abe has already pledged to speed up the development of an as yet unproven joint missile defence shield and to boost defence ties, a strategy that inevitably brings him into conflict with Japan's "pacifist" constitution. But against a background of growing regional instability and the likelihood of further challenges from Japan's unpredictable neighbour, few of the A-bomb survivors are prepared to bet that the nuclear freeze will hold forever. "There are no words to describe that happened to our city," says Mr Kuboi, who has watched in despair as the world's nuclear club has grown from one to eight in his lifetime. "Our hopes have gone up and down since 1945, but I can't remember a time as bad as this." C The Irish Times * ================================================================ .NY Transfer News Collective * A Service of Blythe Systems . Since 1985 - Information for the Rest of Us . .339 Lafayette St., New York, NY 10012 http://www.blythe.org .List Archives: https://olm.blythe-systems.com/pipermail/nytr/ .Subscribe: https://olm.blythe-systems.com/mailman/listinfo/nytr ================================================================ ***************************************************************** 45 SVA: Study of contamination at rocket lab site reveals evidence of cancer link [The SimiValley Acorn] October 13, 2006 By Avi Rutschman avi@theacorn.com The Santa Susana Field Laboratory Panel, an independent team of researchers and health experts, released a report last week concluding that toxins and radiation released from the Rocketdyne research facility near Simi Valley could be responsible for hundreds of cancers in the surrounding areas. The Santa Susana Field Laboratory was built in 1948 by North American Aviation and consists of 2,850 acres in eastern Ventura County. Over the years, it has been used as a test site for experiments involving nuclear reactors, high-powered lasers and rockets. The report was completed by experts in the fields of reactor accident analysis, atmospheric transport of contaminants, hydrology and geology. The study took five years to complete and was funded by the California Environmental Protection Agency. "We want to thank the many legislatures that have attended meetings, provided funds and pressured public agencies into action," said Marie Mason, a community activist and longtime resident of the Santa Susana Knolls area in Simi Valley, who helped to form the advisory panel. The panel originally formed 15 years ago after a 1959 nuclear meltdown that occurred at the Santa Susana Field Laboratory was made public. Concerned about the possibility of facing adverse health affects due to the meltdown, area residents pressured legislators into funding a panel to study the impact of the incident. "We were fearful of what our families and communities may have been exposed to," said Holly Huff, another community member who pushed for the formation of the panel. The first study conducted by the panel was performed by UCLA researchers and focused on the adverse health effects the meltdown had on Rocketdyne employees. Completed in 1997, that report indicated workers did indeed suffer a higher rate of lymph system and lung cancers. Boeing, the current owner of the Santa Susana Field Laboratory, has challenged the validity of the studies, calling into question the scientific methods used by researchers. "We received a summary of the report Thursday, and we were not given an advance copy to look through and prepare with," said Blythe Jameson, a Boeing spokesperson. "Based on our preliminary assessment," Jameson said, "we found that the report has significant flaws and that the claims are baseless without scientific merit and a grave disservice to our employees and the community." After the UCLA study concluding that laboratory workers had faced adverse health effects because of the meltdown, the panel was given federal and state funds to conduct another study of potential impacts on neighboring communities and their residents. According to the panel, Boeing was unwilling to disclose a large amount of data concerning the accident and certain operations. This forced the researchers to base some of their studies on models of similar accidents. "One simply does not know with confidence what accidents and releases have not been disclosed, nor what information about the ones we do know of also has not been revealed," the panel stated in its report. After five years of research, the panel concluded that between 260 and 1,800 cancer cases were caused by the field laboratory's contamination of surrounding communitiesThe incident released levels of cesium-137 and iodine-131, radio nucleotides that act as carcinogensthat surpass the amount of contaminants released during the Three Mile Island incident. The report also stated that othecontaminants have escaped, and still could, from the Boeing-owned laboratory through groundwateand surface runoff. Jameson said other scientific studies have contradicted those findings. "There have been several reports done by federal and state agencies, most notably a preliminary site evaluation from Agency for Toxic Substance and Disease Registry in 1999, in which they did not identify a public health hazard to surrounding communities," Jameson said. David Lochbaum, a nuclear safety engineer for the Union of Concerned Scientists, estimated in the field laboratory panel's report that as much as 13,000 curies of iodine131 and 2,600 curies of cesium-137 escaped from the reactor during the 1959 meltdown. In comparison, only 17 curies of iodine131 and none of cesium137 escaped during the Three Mile Island incident. The test reactor was contained in a partial pool of liquid sodium and buffered from the surrounding environment by a layer of helium. The reactor did not have a concrete containment shield, which would explain the high levels of radioactive material that were able to escape during the meltdown, according to Lochbaum. Dr. Jan Bayea, a physicist who specializes in modeling the movement of radiation through the air, came to the conclusion that between zero and 1,800 cancers, but most likely 260 cancers, were caused by the release of radioactive materials. "We faced three major difficulties in this study because it was a complex site, not much information was released and we couldn't obtain any meteorological data from Boeing," Bayea said. According to the panel, Boeing wouldn't release meteorological data from the time period of the 1959 incident, claiming that information is a trade secret. Jameson insists that Boeing has not tried to hide anything. "We've shared the meteorological data with the Agency for Toxic Substance and Disease Registry, that was then, in turn, turned over to various groups," Jameson said. "It's been shared with various other agencies, most recently at a Department of Energy meeting in May of 2005 where it was shared with the public." Dr. William Bianchi, a soil physicist, discovered that Boeing's decision to not use a synthetic cap on the burn pit areas has led to additional contamination of groundwater at the site, according to the panel's report. Boeing attempted to stop the recharge of groundwater with clay soil and with native vegetation, but neither method proved to make the area around the burn pits impermeable. "The supposed impermeable clay material is not impermeable at all," the report states. Dr. Ali Tabidian, chair of the Department of Geological Sciences at Cal State Northridge, discovered that perchlorate, a toxic substance found in rocket fuel, did end up in groundwater wells in Simi Valley as a result of surface water runoff. According to the report, Tabidian said that perchlorate migrated off the laboratory site through surface water runoff, traveled into the Arroyo Simi, then entered the groundwater and wells near the Arroyo. The study says perchlorate has been discovered in a number of wells surrounding the area. Boeing has challenged this claim, stating that the perchlorate could have come from Chilean fertilizer, fireworks or road flares. According to the report, Tabidian feels these are unjustifiable claims because if they were true, perchlorate would be detectable in wells throughout Simi Valley rather than only in the areas surrounding the Arroyo. "Perchlorate is very soluble and travels almost as fast as water. It's a warning, the leading edge of contaminate plume," said Dan Hirsch, co-chair of the panel and a lecturer on nuclear policy at UC Santa Cruz. Despite their findings, the panel did not recommend an epidemiological study of surrounding communities because of a lack of data provided by Boeing and the high migration of residents in the area throughout the years. "Doing a health study at this point would be a big gamble; it would be wiser to search for a fingerprint of the contamination release," Bayea said. "This has been 17 years of unwanted frustration, and in those years our innocence has been lost," Mason said. The report commissioned by the Santa Susana Field Laboratory Panel can be read online at www.ssflpanel.org. "There is no evidence of contamination as a result of our current or past operations that has adversely impacted the surrounding communities. We will continue to move forward with the cleanup of the site in a safe and effective manner," Jameson said. ***************************************************************** 46 Deseret News: Matheson acts on fallout study [deseretnews.com] Friday, October 13, 2006 Lawmaker calls for 'roadblocks in way of any new testing' By Joe Bauman Deseret Morning News The more scientists look into the effects of fallout from nuclear weapons tests, the more damage they discover, says Rep. Jim Matheson. The Utah Democrat was responding to a study by the University of Utah researcher Dr. Joseph Lyon and colleagues, which was reported in Wednesday's edition of the Deseret Morning News. A re-evaluation study by 15 experts headed by Lyon, to be published in the journal Epidemiology on Nov. 1, shows that more than twice as many downwind residents as originally believed suffered damage to the thyroid gland from fallout. "Dr. Joseph Lyon and his associates have spent 40 years researching danger to those who were 'downwind' of nuclear testing in Nevada," Matheson said in a press release. "The more we look, the more damage we uncover from this era, even as the federal government was telling us it was safe." Lyon's early studies helped convince Matheson's late father, the former Utah Gov. Scott M. Matheson, that he should demand the release of classified data about the nuclear tests, says the release. "Gov. Matheson died from a radiation exposure-related illness at age 61," it adds. The congressman is quoted as saying the data prove that even underground nuclear tests are unsafe. "I have long opposed any effort to resume nuclear weapons testing in Nevada," he added. "My legislation — Safety for Americans from nuclear Weapons Testing — establishes significant roadblocks in the way of any new testing." The legislation requires Congress to authorize any nuclear weapons test and establishes the National Center for the Study of Radiation and Human Health, he said. The center is a consortium of universities that will study health effects of radiation exposure and illnesses that are linked to radiation. Lyon's study is called "Thyroid Disease Associated With Exposure to the Nevada nuclear Weapons Test Site Radiation: A Re-evaluation Based on Corrected Dosimetry and Examination Data." The journal "Epidemiology" placed an abstract online. To read it, go to the scientific journal's main Web site, www.epidem.com/pt/re/epidemiology/paptoc.htmand then click on the box labeled "Epi Fast-Track." E-mail: bau@desnews.com © 2006 Deseret News Publishing Company ***************************************************************** 47 FR Doc C6-7971 [Federal Register: October 13, 2006 (Volume 71, Number 198)] [CORRECTIONS] [Page 60609] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr13oc06-128] [[Page 60609]] DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Final Effect of Designation of a Class of Employees for Addition to the Special Exposure Cohort Correction In notice document 06-7971 appearing on page 55477 in the issue of Friday, September 22, 2006, make the following correction: On page 55477, in the first column, in the last paragraph, in the fourth line, ``1947'' should read ``1948''. [FR Doc. C6-7971 Filed 10-12-06; 8:45 am] BILLING CODE 1505-01-D ***************************************************************** 48 Salt Lake Tribune: Study cites fallout, illness link Study cites fallout, illness linkNuclear testingWork focuses on thyroid disorders among downwinders By Greg Lavine The Salt Lake Tribune Article Last Updated:10/13/2006 02:04:15 AM MDT A new study provides more evidence for a link between fallout from above ground nuclear weapons testing in the 1950s and 60s and a pair of thyroid diseases. Several University of Utah researchers wrote the new report, which will appear in the November issue of the journal Epidemiology. The paper corrects problems with a 1993 study. Earlier studies indicated that young children living downwind from nuclear tests in parts of Utah and Nevada were thought to be 3.4 times more likely to develop thyroid neoplasms, which are precursors to thyroid cancer. The new study revised that estimate to 7.5 times more likely, said Joseph Lyon, a U. family and preventive medicine researcher and study author. Children living in Utah and Nevada during above ground weapons testing were exposed to radioactive iodine after fallout landed on pastureland. Grazing dairy cattle ate the contaminated grass, which put radioactive material in the resulting milk. Children who drank this milk absorbed the radioactive material in their thyroids. Such exposure can lead to thyroid disease as well as cancer later in life. "We went back and cleaned up a lot of the problems that were inherent in the data," Lyon said. Some of the problems were rooted in bugs in earlier computer programs. Once the programs were fixed, researchers felt they had more accurate estimates of radiation doses for children of that era, said Stephen Alder, another study author at the U. "This paper is the improved dose estimation for individuals," he said. Alder explained that these results are not meant to alarm people who lived downwind of the test sites, but to encourage such people to watch for certain potential health problems. Lyon said the study suggests a relationship between fallout and thyroiditis, a more common thyroid disease. Children who grew up downwind appear 2.7 times more likely to develop thyroiditis, up from 1.1 times as likely as determined in the previous study. The study looked at data collected on 2,497 people from in 1985 and 1986. The new study did not provide any estimates of how many people may have developed thyroid neoplasms or thyroiditis due to fallout exposure. Lyon said there is no funding left to perform such an analysis. Lyon had been working on an $8 million partnership with the U.S. Centers for Disease Control and Prevention to study the long-term health effects of fallout exposure. Researchers had done follow-up testing on 1,700 people, but fell short of the 3,500 goal after funding was cut. glavine@sltrib.com © Copyright 2006, The Salt Lake Tribune. ***************************************************************** 49 DesMoinesRegister.com: Carlson: Fallout shelters have fallen by the wayside REGISTER COLUMNIST October 13, 2006 You'd think things couldn't get much worse, what with the war in Iraq, the creepy Florida congressman hitting on kids and a 9/11-style scare in New York. Troubled times, indeed, and right in the middle of it all we have to deal with Kim Jong Il, the screwball North Korean dictator whose scientists exploded some sort of nuclear device a couple of days ago. He says he'll lob one our direction if we don't behave. You're thinking nobody in his right mind would do such a thing. True enough. Except this little man with the spiked hair and platform shoes reportedly owns the world's largest collection of Daffy Duck cartoons. This is a problem because Daffy is precisely the kind of duck who would go berserk and start a war just for the heck of it. At least we have public fallout shelters to protect us. Right? Nope. "There is officially no fallout shelter program any longer," Kara Berg, a spokeswoman for Iowa Homeland Security and Emergency Management, told me Thursday. "That ended in the 1990s." Berg said some Iowa counties still have designated "safe rooms" where Iowans supposedly can, well, be safe. But the food, cots, water, blankets and medicine that were stockpiled in deep basements since the world was on the brink of exploding in the early 1960s are no more. "The rooms still exist in some counties," Berg said. "They're now basically tornado shelters." So if you see the faded yellow "Fallout Shelter" signs in buildings, they're up there only because people haven't gotten around to taking them down. Signs, that is. Not shelters. "We're really not thinking nuclear anymore," said Deanna Bachman, emergency management coordinator for Marshall County. "Some of the old buildings they were in no longer exist. We still have some cots stored at a central location, but that's in case of natural disasters. The barrels of water and the medical kits are long gone." Talk about a change. More than 800,000 American homeowners rigged up fallout shelters in their basements back when Nikita Khrushchev was pounding his shoe at the U.N. and stationing missiles in Cuba. Americans clearly were preparing for the big one. They installed heavy steel doors and equipped their family shelters with food, water and usually a gun of some sort. The weapon was there to keep away pesky neighbors who were too lazy or cheap to put in their own shelters, but probably would be interested in surviving a nuclear holocaust. Public fallout shelters were set up around the country and there was room for 600,000 Iowans in them by the time the Cuban missile crisis terrified everybody in 1962. By the mid-1970s, kids were playing in the little basement rooms and teenagers found them to be a fun place to take their dates. Only a few of the tiny shelters survive, but the Internet is loaded with information on how to build the things. If the nightly news doesn't get you excited, there's always Wednesday nights on CBS. That's when the network airs a new show called "Jericho," which is about people who live in a small Kansas town and deal with the aftermath of a nuclear attack on Denver. Communications are cut off and the people of the town of Jericho have to figure out what's going on around the world. A bunch of other cities - Atlanta, Chicago, Philadelphia, Dallas Los Angeles, New York - the list goes on - also supposedly have been hit. And, according to a Web site created for people obsessed with the show, a character named Emily screams something about Des Moines being hit, providing the Iowa connection we so desperately yearn for in these types of dramas. None of this is likely to fire up people about fallout shelters again. Still, anything's possible. A terrorist with a nuke in a suitcase could wipe out part of a city. Iran is building the bomb. The Middle East could explode. Then there's the nut with the Daffy Duck fixation. Elmer Fudd would tell us to buy lots of canned goods. Copyright © 2006, The Des Moines Register. ***************************************************************** 50 courier-journal: Oppenheimer's flaws fascinate author www.courier-journal.com Friday, October 13, 2006 By Chris Poynter cpoynter@courier-journal.com The Courier-Journal J. Robert Oppenheimer was at his office at the Los Alamos National Laboratory when the news broke over the loudspeaker in 1945: Hiroshima had been bombed. The laboratory -- where the atomic bomb had been secretly created under Oppenheimer's leadership -- erupted into cheers. Oppenheimer, however, soon realized the horror of the weapon he had created -- and "the father of the atomic bomb," as he became known, spent the rest of his life trying to contain nuclear weapons. "American Prometheus" -- a book that profiles Oppenheimer's triumphant but tragic life -- won the Pulitzer Prize in Biography this year, and one of its authors, Martin J. Sherwin, will speak in Louisville next week, brought to town by the Filson Historical Society. Sherwin, a history and English professor at Tufts University, co-wrote "American Prometheus" with Kai Bird, an author and contributing editor to The Nation magazine. Sherwin began researching the book about 1979, but it took him 25 years to complete because of teaching commitments and other interests. He pored over Oppenheimer's personal papers, searched through his Federal Bureau of Investigation files and interviewed family, friends and people who worked with him at Los Alamos and elsewhere. Oppenheimer was a genius, Sherwin said, though at one point, after graduating from college, he contemplated suicide. "He felt he was totally useless and should end it all because he couldn't stand the embarrassment of failure," Sherwin said. "But & he discovered a way not to be a failure. He discovered quantum physics, and he was a genius at it." Though Oppenheimer was director of Los Alamos in New Mexico and was a celebrated hero after World War II, he had a terrible personal life. He was an absent father, Sherwin said, rarely spending time with his children because work and research took precedence. (Oppenheimer died in 1967. His daughter committed suicide in the 1970s; his son is still living.) Sherwin said he admired Oppenheimer for realizing the danger of nuclear weapons and working to control them. He spoke out against nuclear proliferation, "but doing that in the context of American politics and the emerging Cold War was very difficult," Sherwin said. Sherwin said he did not admire Oppenheimer for falling for McCarthyism in the 1950s and turning against some of his former students who were leftists. Oppenheimer "was kind of like iron. Once it starts cracking, it falls apart, as opposed to steel, which has the ability to twist and turn," Sherwin said. Oppenheimer was accused at a government hearing of being a national security risk and was stripped of his federal security clearance. Mark Wetherington, executive director of the Filson Historical Society, said Sherwin's appearance is part of the Gertrude Polk Brown lecture series. The series has brought numerous authors to town, including many Pulitzer Prize winners. Sherwin said he believes the world is worse because of nuclear weapons, but, he said, Oppenheimer's work and life are relevant today. "The country and leadership of the country have learned very little," Sherwin said. "We still think having nuclear weapons helps our security. I don't think they help our security at all." Reporter Chris Poynter can be reached at (502) 582-4475. + enlarge J. Robert Oppenheimer, who directed the Manhattan Project that developed the first atom bomb, later regretted his participation in the program. (Associated Press file photo, 1963) IF YOU GO What: "Examining the Creative Genius Behind Total Destruction" When: 6:30 p.m. Tuesday Where: Fine Arts Center, Ballard High School, 6000 Brownsboro Road Tickets: $10; free for Filson Historical Society members Information: (502) 635-5083 Copyright 2005 The Courier-Journal. ***************************************************************** 51 NRC: In the Matter of All Licensees Who Possess Radioactive Material FR Doc E6-16995 [Federal Register: October 13, 2006 (Volume 71, Number 198)] [Notices] [Page 60583-60587] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr13oc06-110] in Quantities of Concern and All Other Persons Who Obtain Safeguards Information Described Herein; Order Imposing Requirements for the Protection of Certain Safeguards Information (Effective Immediately) I The Licensees, identified in Attachment 1 \1\ to this Order, hold licenses issued in accordance with the Atomic Energy Act of 1954, by the U.S. Nuclear Regulatory Commission (NRC or Commission) or an Agreement State, authorizing them to possess and transfer items containing radioactive material quantities of concern. The NRC intends to issue security Orders to these licensees in the near future. Orders will be issued to both NRC and Agreement State materials licensees who may transport radioactive material quantities of concern. The Orders will require compliance with specific Additional Security Measures to enhance the security for transport of certain radioactive material quantities of concern. The NRC will issue Orders to both NRC and Agreement State licensees under its authority to protect the common defense and security, which has not been relinquished to the Agreement States. The Commission has determined that these documents will contain Safeguards Information, will not be released to the public, and must be protected from unauthorized disclosure. Therefore, the Commission is imposing the requirements, as set forth in Attachments 2 and 3 to this Order and in Order EA-06-242, so that affected Licensees can receive these documents. This Order also imposes requirements for the protection of Safeguards [[Page 60584]] Information in the hands of any person,\2\ whether or not a licensee of the Commission, who produces, receives, or acquires Safeguards Information. ----------------------------------------------------------------- ---------- \1\ Attachment 1 contains sensitive information and will not be released to the public. \2\ Person means (1) any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, government agency other than the Commission or the Department, except that the Department shall be considered a person with respect to those facilities of the Department specified in section 202 of the Energy Reorganization Act of 1974 (88 Stat. 1244), any State or any political subdivision of, or any political entity within a State, any foreign government or nation or any political subdivision of any such government or nation, or other entity; and (2) any legal successor, representative, agent, or agency of the foregoing. ----------------------------------------------------------------- ---------- II The Commission has broad statutory authority to protect and prohibit the unauthorized disclosure of Safeguards Information. Section 147 of the Atomic Energy Act of 1954, as amended, grants the Commission explicit authority to ``* * * issue such orders, as necessary to prohibit the unauthorized disclosure of safeguards information * * *'' This authority extends to information concerning transfer of special nuclear material, source material, and byproduct material. Licensees and all persons who produce, receive, or acquire Safeguards Information must ensure proper handling and protection of Safeguards Information to avoid unauthorized disclosure in accordance with the specific requirements for the protection of Safeguards Information contained in Attachments 2 and 3 to this Order. The Commission hereby provides notice that it intends to treat violations of the requirements contained in Attachments 2 and 3 to this Order applicable to the handling and unauthorized disclosure of Safeguards Information as serious breaches of adequate protection of the public health and safety and the common defense and security of the United States. Access to Safeguards Information is limited to those persons who have established the need-to-know the information, are considered to be trustworthy and reliable, and meet the requirements of Order EA-06-242. A need-to-know means a determination by a person having responsibility for protecting Safeguards Information that a proposed recipient's access to Safeguards Information is necessary in the performance of official, contractual, or licensee duties of employment. Licensees and all other persons who obtain Safeguards Information must ensure that they develop, maintain and implement strict policies and procedures for the proper handling of Safeguards Information to prevent unauthorized disclosure, in accordance with the requirements in Attachments 2 and 3 to this Order. All licensees must ensure that all contractors whose employees may have access to Safeguards Information either adhere to the licensee's policies and procedures on Safeguards Information or develop, maintain and implement their own acceptable policies and procedures. The licensees remain responsible for the conduct of their contractors. The policies and procedures necessary to ensure compliance with applicable requirements contained in Attachments 2 and 3 to this Order must address, at a minimum, the following: the general performance requirement that each person who produces, receives, or acquires Safeguards Information shall ensure that Safeguards Information is protected against unauthorized disclosure; protection of Safeguards Information at fixed sites, in use and in storage, and while in transit; correspondence containing Safeguards Information; access to Safeguards Information; preparation, marking, reproduction and destruction of documents; external transmission of documents; use of automatic data processing systems; removal of the Safeguards Information category; the need-to-know the information; and background checks to determine access to the information. In order to provide assurance that the licensees are implementing prudent measures to achieve a consistent level of protection to prohibit the unauthorized disclosure of Safeguards Information, all licensees who hold licenses issued by the U.S. Nuclear Regulatory Commission or an Agreement State authorizing them to possess and who may transport items containing radioactive material quantities of concern shall implement the requirements identified in Attachments 2 and 3 to this Order. The Commission recognizes that licensees may have already initiated many of the measures set forth in Attachments 2 and 3 to this Order for handling of Safeguards Information in conjunction with current NRC license requirements or previous NRC Orders. Additional measures set forth in Attachments 2 and 3 to this Order should be incorporated into the licensee's current program for Safeguards Information. In addition, pursuant to 10 CFR Part 2.202, I find that in light of the common defense and security matters identified above, which warrant the issuance of this Order, the public health, safety and interest require that this Order be effective immediately. III Accordingly, pursuant to Sections 81, 147, 161b, 161i, 161o, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202, 10 CFR Part 30, 10 CFR Part 32, 10 CFR Part 35, and 10 CFR Part 70, It is hereby ordered, effective immediately, that all licensees identified in Attachment 1 to this order and all other persons who produce, receive, or acquire the additional security measures identified above (whether draft or final) or any related safeguards information shall comply with the requirements of Attachments 2 and 3 to this order. The Director, Office of Federal and State Materials and Environmental Management Programs, may, in writing, relax or rescind any of the above conditions upon demonstration of good cause by the licensee. IV In accordance with 10 CFR 2.202, the Licensee must, and any other person adversely affected by this Order may, submit an answer to this Order, and may request a hearing on this Order, within twenty (20) days of the date of this Order. Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for extension of time in which to submit an answer or request a hearing must be made in writing to the Director, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and include a statement of good cause for the extension. The answer may consent to this Order. Unless the answer consents to this Order, the answer shall, in writing and under oath or affirmation, specifically set forth the matters of fact and law on which the Licensee or other person adversely affected relies and the reasons as to why the Order should not have been issued. Any answer or request for a hearing shall be submitted to the Secretary, Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, ATTN: Rulemakings and Adjudications Staff, Washington, DC 20555. Copies also shall be sent to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, to the Assistant General Counsel for Materials Litigation and Enforcement at the same address, and to the Licensee if the answer or hearing request is by a person other than the Licensee. Because of possible delays in delivery of mail to United States Government offices, it is requested that [[Page 60585]] answers and requests for hearing be transmitted to the Secretary of the Commission either by means of facsimile transmission to 301-415-1101 or by e-mail to and also to the Office of the General Counsel either by means of facsimile transmission to 301-415- 3725 or by e-mail to . If a person other than the Licensee requests a hearing, that person shall set forth with particularity the manner in which his interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309. If a hearing is requested by the Licensee or a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearing. If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained. Pursuant to 10 CFR 2.202(c)(2)(i), the Licensee may, in addition to demanding a hearing, at the time the answer is filed or sooner, move the presiding officer to set aside the immediate effectiveness of the Order on the ground that the Order, including the need for immediate effectiveness, is not based on adequate evidence but on mere suspicion, unfounded allegations, or error. In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions specified in Section III above shall be final twenty (20) days from the date of this Order without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions specified in Section III shall be final when the extension expires if a hearing request has not been received. An answer or a request for hearing shall not stay the immediate effectiveness of this order. Dated this 4th day of October 2006. For the Nuclear Regulatory Commission. Charles L. Miller, Director, Office of Federal and State Materials and Environmental Management Programs. Attachment 1--List of Applicable Materials Licensees Redacted Attachment 2--Modified Handling Requirements for the Protection of Certain Safeguards Information (SGI-M) Modified Handling Requirements for the Protection of Certain Safeguards Information (SGI-M) General Requirement Information and material that the U.S. Nuclear Regulatory Commission (NRC) determines are safeguards information must be protected from unauthorized disclosure. In order to distinguish information needing modified protection requirements from the safeguards information for reactors and fuel cycle facilities that require a higher level of protection, the term ``Safeguards Information-Modified Handling'' (SGI-M) is being used as the distinguishing marking for certain materials licensees. Each person who produces, receives, or acquires SGI-M shall ensure that it is protected against unauthorized disclosure. To meet this requirement, licensees and persons shall establish and maintain an information protection system that includes the measures specified below. Information protection procedures employed by state and local police forces are deemed to meet these requirements. Persons Subject to These Requirements Any person, whether or not a licensee of the NRC, who produces, receives, or acquires SGI-M is subject to the requirements (and sanctions) of this document. Firms and their employees that supply services or equipment to materials licensees would fall under this requirement if they possess facility SGI-M. A licensee must inform contractors and suppliers of the existence of these requirements and the need for proper protection. (See more under Conditions for Access) State or local police units who have access to SGI-M are also subject to these requirements. However, these organizations are deemed to have adequate information protection systems. The conditions for transfer of information to a third party, i.e., need- to-know, would still apply to the police organization as would sanctions for unlawful disclosure. Again, it would be prudent for licensees who have arrangements with local police to advise them of the existence of these requirements. Criminal and Civil Sanctions The Atomic Energy Act of 1954, as amended, explicitly provides that any person, ``whether or not a licensee of the Commission, who violates any regulations adopted under this section shall be subject to the civil monetary penalties of section 234 of this Act.'' Furthermore, willful violation of any regulation or order governing safeguards information is a felony subject to criminal penalties in the form of fines or imprisonment, or both. See sections 147b. and 223 of the Act. Conditions for Access Access to SGI-M beyond the initial recipients of the order will be governed by the background check requirements imposed by the order. Access to SGI-M by licensee employees, agents, or contractors must include both an appropriate need-to-know determination by the licensee, as well as a determination concerning the trustworthiness of individuals having access to the information. Employees of an organization affiliated with the licensee's company, e.g., a parent company, may be considered as employees of the licensee for access purposes. Need-To-Know Need-to-know is defined as a determination by a person having responsibility for protecting SGI-M that a proposed recipient's access to SGI-M is necessary in the performance of official, contractual, or licensee duties of employment. The recipient should be made aware that the information is SGI-M and those having access to it are subject to these requirements as well as criminal and civil sanctions for mishandling the information. Occupational Groups Dissemination of SGI-M is limited to individuals who have an established need-to-know and who are members of certain occupational groups. These occupational groups are: A. An employee, agent, or contractor of an applicant, a licensee, the Commission, or the United States Government; B. member of a duly authorized committee of the Congress; C. The Governor of a State or his designated representative; D. A representative of the International Atomic Energy Agency (IAEA) engaged in activities associated with the U.S./IAEA Safeguards Agreement who has been certified by the NRC; E. A member of a state or local law enforcement authority that is responsible for responding to requests for assistance during safeguards emergencies; or F. A person to whom disclosure is ordered pursuant to Section 2.744(e) of Part 2 of part 10 of the Code of Federal Regulations. G. State Radiation Control Program Directors (and State Homeland Security Directors) or their designees. In a generic sense, the individuals described above in (A) through (G) are considered to be trustworthy by virtue of their employment status. For non-governmental individuals in group (A) above, a determination of reliability and trustworthiness is required. Discretion must be exercised in granting access to these individuals. If there is any indication that the recipient would be unwilling or unable to provide proper protection for the SGI-M, they are not authorized to receive SGI-M. Information Considered for Safeguards Information Designation Information deemed SGI-M is information the disclosure of which could reasonably be expected to have a significant adverse effect on the health and safety of the public or the common defense and security by significantly increasing the likelihood of theft, diversion, or sabotage of materials or facilities subject to NRC jurisdiction. SGI-M identifies safeguards information which is subject to these requirements. These requirements are necessary in order to protect quantities of nuclear material significant to the health and safety of the public or common defense and security. The overall measure for consideration of SGI-M is the usefulness of the information (security or otherwise) to an adversary in planning or attempting a malevolent act. The specificity of the information increases the likelihood that it will be useful to an adversary. [[Page 60586]] Protection While in Use While in use, SGI-M shall be under the control of an authorized individual. This requirement is satisfied if the SGI-M is attended by an authorized individual even though the information is in fact not constantly being used. SGI-M, therefore, within alarm stations, continuously manned guard posts or ready rooms need not be locked in file drawers or storage containers. Under certain conditions the general control exercised over security zones or areas would be considered to meet this requirement. The primary consideration is limiting access to those who have a need-to-know. Some examples would be: Alarm stations, guard posts and guard ready rooms; Engineering or drafting areas if visitors are escorted and information is not clearly visible; Plant maintenance areas if access is restricted and information is not clearly visible; Administrative offices (e.g., central records or purchasing) if visitors are escorted and information is not clearly visible; Protection While in Storage While unattended, SGI-M shall be stored in a locked file drawer or container. Knowledge of lock combinations or access to keys protecting SGI-M shall be limited to a minimum number of personnel for operating purposes who have a ``need-to-know'' and are otherwise authorized access to SGI-M in accordance with these requirements. Access to lock combinations or keys shall be strictly controlled so as to prevent disclosure to an unauthorized individual. Transportation of Documents and Other Matter Documents containing SGI-M when transmitted outside an authorized place of use or storage shall be enclosed in two sealed envelopes or wrappers. The inner envelope or wrapper shall contain the name and address of the intended recipient, and be marked on both sides, top and bottom with the words ``Safeguards Information-- Modified Handling.'' The outer envelope or wrapper must be addressed to the intended recipient, must contain the address of the sender, and must not bear any markings or indication that the document contains SGI-M. SGI-M may be transported by any commercial delivery company that provides nationwide overnight service with computer tracking features, U.S. first class, registered, express, or certified mail, or by any individual authorized access pursuant to these requirements. Within a facility, SGI-M may be transmitted using a single opague envelope. It may also be transmitted within a facility without single or double wrapping, provided adequate measures are taken to protect the material against unauthorized disclosure. Individuals transporting SGI-M should retain the documents in their personal possession at all times or ensure that the information is appropriately wrapped and also secured to preclude compromise by an unauthorized individual. Preparation and Marking of Documents While the NRC is the sole authority for determining what specific information may be designated as ``SGI-M,'' originators of documents are responsible for determining whether those documents contain such information. Each document or other matter that contains SGI-M shall be marked ``Safeguards Information--Modified Handling'' in a conspicuous manner on the top and bottom of the first page to indicate the presence of protected information. The first page of the document must also contain (i) the name, title, and organization of the individual authorized to make a SGI-M determination, and who has determined that the document contains SGI-M, (ii) the date the document was originated or the determination made, (iii) an indication that the document contains SGI-M, and (iv) an indication that unauthorized disclosure would be subject to civil and criminal sanctions. Each additional page shall be marked in a conspicuous fashion at the top and bottom with letters denoting ``Safeguards Information--Modified Handling.'' In additional to the ``Safeguards Information--Modified Handling'' markings at the top and bottom of each page, transmittal letters or memoranda which do not in themselves contain SGI-M shall be marked to indicate that attachments or enclosures contain SGI-M but that the transmittal does not (e.g., ``When separated from SGI-M enclosure(s), this document is decontrolled''). In addition to the information required on the face of the document, each item of correspondence that contains SGI-M shall, by marking or other means, clearly indicate which portions (e.g., paragraphs, pages, or appendices) contain SGI-M and which do not. Portion marking is not required for physical security and safeguards contingency plans. All documents or other matter containing SGI-M in use or storage shall be marked in accordance with these requirements. A specific exception is provided for documents in the possession of contractors and agents of licensees that were produced more than one year prior to the effective date of the order. Such documents need not be marked unless they are removed from file drawers or containers. The same exception applies to old documents stored away from the facility in central files or corporation headquarters. Since information protection procedures employed by state and local police forces are deemed to meet NRC requirements, documents in the possession of these agencies need not be marked as set forth in this document. Removal From SGI-M Category Documents containing SGI-M shall be removed from the SGI-M category (decontrolled) only after the NRC determines that the information no longer meets the criteria of SGI-M. Licensees have the authority to make determinations that specific documents which they created no longer contain SGI-M information and may be decontrolled. Consideration must be exercised to ensure that any document decontrolled shall not disclose SGI-M in some other form or be combined with other unprotected information to disclose SGI-M. The authority to determine that a document may be decontrolled may be exercised only by, or with the permission of, the individual (or office) who made the original determination. The document shall indicate the name and organization of the individual removing the document from the SGI-M category and the date of the removal. Other persons who have the document in their possession should be notified of the decontrolling of the document. Reproduction of Matter Containing SGI-M SGI-M may be reproduced to the minimum extent necessary consistent with need without permission of the originator. Newer digital copiers which scan and retain images of documents represent a potential security concern. If the copier is retaining SGI-M information in memory, the copier cannot be connected to a network. It should also be placed in a location that is cleared and controlled for the authorized processing of SGI-M information. Different copiers have different capabilities, including some which come with features that allow the memory to be erased. Each copier would have to be examined from a physical security perspective. Use of Automatic Data Processing (ADP) Systems SGI-M may be processed or produced on an ADP system provided that the system is assigned to the licensee's or contractor's facility and requires the use of an entry code/password for access to stored information. Licensees are encouraged to process this information in a computing environment that has adequate computer security controls in place to prevent unauthorized access to the information. An ADP system is defined here as a data processing system having the capability of long term storage of SGI-M. Word processors such as typewriters are not subject to the requirements as long as they do not transmit information off-site. (Note: If SGI- M is produced on a typewriter, the ribbon must be removed and stored in the same manner as other SGI-M information or media.) The basic objective of these restrictions is to prevent access and retrieval of stored SGI-M by unauthorized individuals, particularly from remote terminals. Specific files containing SGI-M will be password- protected to preclude access by an unauthorized individual. The National Institute of Standards and Technology (NIST) maintains a listing of all validated encryption systems at . SGI-M files may be transmitted over a network if the file is encrypted. In such cases, the licensee will select a commercially available encryption system that NIST has validated as conforming to Federal Information Processing Standards (FIPS). SGI-M files shall be properly labeled as ``Safeguards Information--Modified Handling'' and saved to removable media and stored in a locked file drawer or cabinet. Telecommunications SGI-M may not be transmitted by unprotected telecommunications circuits [[Page 60587]] except under emergency or extraordinary conditions. For the purpose of this requirement, emergency or extraordinary conditions are defined as any circumstances that require immediate communications in order to report, summon assistance for, or respond to a security event (or an event that has potential security significance). This restriction applies to telephone, telegraph, teletype, facsimile circuits, and to radio. Routine telephone or radio transmission between site security personnel, or between the site and local police, should be limited to message formats or codes that do not disclose facility security features or response procedures. Similarly, call-ins during transport should not disclose information useful to a potential adversary. Infrequent or non-repetitive telephone conversations regarding a physical security plan or program are permitted provided that the discussion is general in nature. Individuals should use care when discussing SGI-M at meetings or in the presence of others to ensure that the conversation is not overheard by persons not authorized access. Transcripts, tapes or minutes of meetings or hearings that contain SGI-M shall be marked and protected in accordance with these requirements. Destruction Documents containing SGI-M should be destroyed when no longer needed. They may be destroyed by tearing into small pieces, burning, shredding or any other method that precludes reconstruction by means available to the public at large. Piece sizes one half inch or smaller composed of several pages or documents and thoroughly mixed would be considered completely destroyed. Attachment 3--Trustworthiness and Reliability Requirements for Individuals Handling Safeguards Information Trustworthiness and Reliability Requirements for Individuals Handling Safeguards Information In order to ensure the safe handling, use, and control of information designated as Safeguards Information, each licensee shall control and limit access to the information to only those individuals who have established the need-to-know the information, and are considered to be trustworthy and reliable. Licensees shall document the basis for concluding that there is reasonable assurance that individuals granted access to Safeguards Information are trustworthy and reliable, and do not constitute an unreasonable risk for malevolent use of the information. The Licensee shall comply with the requirements of this attachment: 1. The trustworthiness and reliability of an individual shall be determined based on a background investigation: (a) The background investigation shall address at least the past three (3) years, and, at a minimum, include verification of employment, education, and personal references. The licensee shall also, to the extent possible, obtain independent information to corroborate that provided by the employee (i.e., seeking references not supplied by the individual). (b) If an individual's employment has been less than the required three (3) year period, educational references may be used in lieu of employment history. The licensee's background investigation requirements may be satisfied for an individual that has an active Federal security clearance. 2. The licensee shall retain documentation regarding the trustworthiness and reliability of individual employees for three years after the individual's employment ends. [FR Doc. E6-16995 Filed 10-12-06; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 52 IPS: HEALTH: Cancer Fears Emerge as Fallout of French Nuclear Tests Inter Press Service News Agency Saturday, October 14, 2006 04:52 GMT Julio Godoy PARIS, Oct 12 (IPS) - New evidence is emerging of cancers caused by French nuclear testing in its South Pacific islands from the 1960s. Between 1966 and 1996 France carried out 192 nuclear tests in French Polynesia, a group of islands in the south Pacific. These included 42 atmospheric tests, in the face of opposition from local residents. Now, 40 years after the tests began, the French government has finally started to admit that Polynesian inhabitants may have been right to fear the consequences of radioactivity. Marcel Jurien de La Gravière, representative of the French Commission on Nuclear Safety, announced in Papetee, capital of French Polynesia last week that a "coherent and continued medical examination" would be proposed for inhabitants most likely affected by the tests. Such testing will be offered to some 2,000 persons, he said. Jurien de la Gravière admitted that six of the 192 tests had "affected in a significant manner some islands and atolls" in the region. The French military carried out the six atmospheric nuclear tests between 1966 and 1974 on the islands Moruroa, Fangataufa, Magareva, Gambier, Tureia and Tahiti. These tests "represented a slight (health) risk", the ministry of defence now says. Two of the Polynesian tests are particularly in question - the ones called Aldébaran (1966) and Phoebe (1971). According to new official figures these tests released far higher radiation than acknowledged so far. Up to 150,000 people inhabited the islands in the region at the time. Some 20,000 other people worked at nuclear test sites during the 30 years of testing. The change in the French government's position comes after Florent de Vathaire, a researcher at the National Institute for Health and Medical Research (INSERM, after its French name) reported that the nuclear tests closely correlate with the appearance of thyroid cancer typically associated with radioactivity. Florent de Vathaire, head of the epidemiological cancer unit at INSERM found "a statistically significant relation" between the nuclear tests and the incidence of thyroid cancer. De Vathaire studied some 240 cases of thyroid cancer reported in the islands. On July 17 this year, de Vathaire presented his findings to the ministry of defence, and urged it to declassify military reports that he said confirm the findings. "I would like to study the data contained in the classified documents, which would allow us to confirm in a more precise manner the nature of the health dangers represented by the tests," de Vathaire told IPS. Cancer victims and their relatives in the French Polynesia have made similar demands. "So far, the French authorities have said that the nuclear bomb tests did not represent any danger," Patrice Bouveret, director of the Observatory of French Nuclear Weapons, an independent group, told IPS. "Now, the same authorities are saying that there was indeed a 'slight' risk." But this admission too comes on the basis of reports by military officers, he said. "Nobody else has seen the original documents to verify such claims. If the victims would have these official reports, they could act legally and demand that justice be done." The questions are not confined to the south Pacific islands. France carried out 17 tests in Reggane region in the Algerian Sahara in 1961 and 1962, just before Algerian independence. Health activists and affected people who have come together as the Association of Veterans of the French Nuclear Tests (AVEN) in French Polynesia and in the Algerian Sahara are fighting for declassification of the reports, and for recognition by the French authorities that the nuclear tests have caused a high number of cancers in these regions. Jean-Paul Teissonière, legal counsellor of AVEN and of the Polynesian association Mururoa e Tatou has been lodging complaints against the French authorities since 2003. One aim is to obtain pensions from the French state for the victims and their relatives, he told IPS. "But in order to establish this causality link between the tests and the numerous illnesses we have to argue by presumption unless the authorities release the classified documents." (END/2006) Copyright © 2006 IPS-Inter Press Service. All rights reserved. ***************************************************************** 53 ANWAG: Presidential Signing Statement May Have Thwarted Congressional Intent for EEOICPA Amendment ANWAG PRESS RELEASE October 12, 2006 For Immediate Release Contact: Coalition for a Healthy Environment, Knoxville, TN: Janet Michel 865-966-5918, Janine Anderson 865-984-0786 Grassroots Organization of Sick Workers, Craig, CO: Terrie Barrie 970-824-2260 Craig, CO - ANWAG has repeatedly noted the Department of Labors (DOL) apparent disregard for Congressional intent in implementing Part E of the Energy Employees Occupational Illness Compensation Act of 2000 (EEOICPA). It now appears that DOL, as an agency for the Executive Branch of the government, may have overstepped its authority by choosing the President's interpretation of the law instead of Congressional intent in implementing Part E. On, October 28, 2004, President Bush signed a "Statement on the Ronald Regan Defense Authorization Act for Fiscal Year 2005", which affirmed that the Administration considers Part E of EEOICPA nothing more than a workers compensation program. The document states, "The limited extension of Federal responsibility here is unique because it is solely a replacement for no fault worker's compensation payments not otherwise available...."(emphasis added). What this means to the claimant, is that this program is not claimant friendly as intended by Congress. Under state workers' compensation programs the standard of causation is greater than 50%. A preponderance of evidence is needed to reach this standard. Congress intended the standard to be less than 50%, as evidenced by their letter to Labor Secretary Chao (August 1, 2005). However, DOL has confirmed that they are using the same standard, i.e. greater than 50%, that is used by the states systems. ANWAG has serious concerns about the role the signing statement has played in implementing Part E of EEOICPA. This signing statement, coupled with the OMB "passback memo" which contained suggestions for controlling the growth in costs for special exposure cohorts, leads us to believe that the true intent of the Administration may be to limit liability and not compensate the sick workers. It has been two years since this amendment as part of the Defense Authorization Act was passed and the final rule for Part E has still not been released by OMB. ANWAG calls upon Congress not to wait until the final rule but to immediately hold hearings to investigate if DOLs program is following the intent of Congress and the spirit and letter of the law. "Congress acknowledged that '...state workers' compensation programs do not provide a uniform means of ensuring adequate compensation for the types of occupational illness...that relate' to nuclear weapons workers," stated Terrie Barrie of GOSW. "So why did DOL decide to model this compensation program after a system proven not to work for these claimants? Is it because of the Presidential signing statement? The signing statement is not the law". "EEOICPA was passed so the workers would not need to face the problems associated with individual states systems," says Janet Michel of CHE. "DOL has ensured that the claimants' vision of a timely, fair program will not be fulfilled." "Due to the classified nature of the work at the Department of Energy sites, monitoring of radiation and toxic exposure was found to be lacking. The records required to make a standard workers' compensation claim do not exist," says Angleque Bryson of GOSW. "Therefore, it is impossible for the former workers to have the same due process afforded to other workers." "In March of 2001, DOE released the National Economic Council report, which concluded that state workers' compensation system would not be a fair and just means of compensation for the deserving Cold War warriors," stated Janine Anderson of CHE. "Mr. Peter Turcic, the director of this program, was a member of that council. And now he's saying that this will work? The latest statistics we have is that 444 wage loss claims and 121 impairment claims have been paid to living workers in two years. I don't call that working." ***************************************************************** 54 UPI: Study finds thyroid damage from nuke tests United Press International - NewsTrack - 10/13/2006 1:59:00 AM -0400 SALT LAKE CITY, Oct. 13 (UPI) -- A new study of people living downwind of the nuclear weapons test site in Nevada finds thyroid damage was more extensive than previously believed. Dr. Joseph Lyon of the University of Utah and his colleagues re-examined data from a 1993 study, the Deseret Morning News reported. Lyon found that thyroid damage was more extensive than the original study reported. The Centers for Disease Control canceled another Lyon study in March 2005. Lyon said that he and his colleagues were more conservative in their diagnostic criteria than the scientists who did the 1993 report. But they discovered an even stronger correlation between thyroid abnormalities and exposure to radiation. © Copyright 2006 United Press International, Inc. All Rights Reserved * Email: * Comments: ***************************************************************** 55 Platts: DOE eyes Yucca Mountain waste repository rail alternative Washington (Platts)--12Oct2006 The US Department of Energy plans to consider a second path for a rail line in Nevada to the proposed nuclear waste repository at Yucca Mountain, documents showed. In a Federal Register notice scheduled for publication Friday, DOE said it would consider the environmental impact of a 280-mile path, known as the Mina corridor, through the Walker River Paiute Tribe's land in western Nevada. The plan is an alternative to a 319-mile corridor from Caliente to Yucca Mountain that has been DOE's preference for rail transportation to the facility. The tribe has given its blessing to the study. "The Mina corridor appears to offer potential advantages to the extent it would cross fewer mountain ranges, utilize existing rail bed and also be a shorter distance," DOE said in a draft of the notice. "These potential advantages would simplify design and construction, and therefore would be less costly to construct." DOE considered the Mina route in the 1990s, but dropped the idea when the Walker River Paiutes refused it access to their reservation. The tribe reconsidered earlier in 2006. Separately, DOE is also scheduled to publish Friday a Federal Register notice announcing plans for a "supplemental" environmental impact statement on the Yucca Mountain repository site. The department said it would carry out the additional review because of its 2005 decision to use one type of canister to ship, store and ultimately dispose of nuclear waste instead of multiple types. The change necessitated changes in the repository's design. The original EIS was completed in 2002. Copyright © 2006 - Platts, All Rights Reserved [The McGraw-Hill Companies] ***************************************************************** 56 DOE: Amended Notice of Intent To Expand the Scope of the Yucca Mt FR Doc 06-8675 [Federal Register: October 13, 2006 (Volume 71, Number 198)] [Notices] [Page 60484-60490] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr13oc06-40] Environmental Impact Statement for the Alignment, Construction, and Operation of a Rail Line to a Geologic Repository at Yucca Mountain, Nye County, NV AGENCY: Department of Energy. ACTION: Amended notice of intent. SUMMARY: The Department of Energy (DOE or the Department) is providing this Amended Notice of Intent to expand the scope of the ongoing Environmental Impact Statement for the Alignment, Construction and Operation of a Rail Line to a Geologic Repository at Yucca Mountain, Nye County, Nevada (DOE/EIS-0369, Rail Alignment EIS, Notice of Intent, April 8, 2004, 69 FR 18565). In the ongoing Rail Alignment EIS, DOE has undertaken an analysis of alternative rail alignments in which to construct and operate a rail line within what is referred to as the Caliente corridor. Based on new information, DOE now plans to expand the Rail Alignment EIS to incorporate analysis of a new rail corridor alternative. This additional analysis will supplement the corridor analyses in the ``Final Environmental Impact Statement for a Geologic Repository for the Disposal of Spent Nuclear Fuel and High-Level Radioactive Waste at Yucca Mountain, Nye County, Nevada'' (DOE/EIS- 0250F, Yucca Mountain Final EIS, February 2002). The expanded analysis will consider the potential environmental impacts of a newly proposed Mina rail corridor at the same level of corridor analysis as is contained in the Yucca Mountain Final EIS, and will review the rail corridor analyses of that Final EIS, and update, as appropriate. The expanded scope will then proceed to include a detailed analysis of alternative alignments within the Mina corridor at the same level of analysis of the ongoing alignment analysis for the Caliente corridor. The result will be to provide the public with information concerning both the potential corridor and alignment impacts of the Mina corridor at the same time DOE presents the potential impacts for the construction and operation of a rail line within the Caliente corridor. The expanded EIS will be entitled the Supplemental Yucca Mountain Rail Corridor and Rail Alignment EIS (DOE/EIS-0250F-S2 and DOE/EIS-0369). On April 8, 2004 (69 FR 18557), the Department issued a Record of Decision announcing its selection, both nationally and in the State of Nevada, of the mostly rail scenario analyzed in the Yucca Mountain Final EIS. This decision will ultimately require the construction of a rail line to connect the repository site at Yucca Mountain to an existing rail line in the State of Nevada for the shipment of spent nuclear fuel and high-level radioactive waste. To that end, the Department also selected the Caliente rail corridor in which to examine possible alignments for construction of that rail line. On April 8, 2004 (69 FR 18565), DOE issued a Notice of Intent to prepare an EIS under the National Environmental Policy Act (NEPA) for the alignment, construction, and operation of a rail line for shipments of spent nuclear fuel, high-level radioactive waste, and other materials from a site near Caliente, Nevada, to a geologic repository at Yucca Mountain, Nevada (the Rail Alignment EIS). During subsequent public scoping, DOE received comments that offered preferences for various rail corridors analyzed in detail in the Yucca Mountain Final EIS, and identified other rail corridors for consideration. In particular, commenters recommended that DOE consider the Mina route, which would include use of an existing rail line from Hazen, Nevada, to the Thorne siding in Hawthorne, Nevada, and the construction of new rail line that would follow an abandoned rail line nearly to Yucca Mountain. In the Yucca Mountain Final EIS, DOE considered, but eliminated from detailed study, several potential rail routes. One of those potential rail routes, the Mina route, could only connect to an existing rail line by crossing the Walker River Paiute Tribe Reservation northwest of Hawthorne, Nevada, and the Tribe had informed DOE that it would refuse to allow nuclear waste to be transported across its reservation (letter dated December 6, 1991). For this reason, the Department considered the Mina route to pose an unavoidable land use conflict and thus to be unavailable for further consideration. Following review of the scoping comments for the Rail Alignment EIS, DOE held discussions with the Walker River Paiute Tribe regarding the availability of the Mina route. Subsequently, in May 2006, the Walker River Paiute Tribe informed DOE that the Tribal Council had withdrawn its objection to the completion of an EIS studying the transportation of nuclear waste across its reservation. The Tribe stated that its Tribal Council had not decided to allow such shipments, but indicated that inclusion of the Mina route in an EIS would allow the Tribe [[Page 60485]] to make a more informed, final decision about the matter. In view of the Tribal Council's decision, DOE initiated a study to determine the feasibility of the Mina route, and to identify a specific corridor (Mina corridor) and associated preliminary alternative alignments (described below under Mina Alternative Alignments). Based on DOE's preliminary analysis, in comparison with other rail corridors, the Mina corridor appears to offer potential advantages to the extent it would cross fewer mountain ranges, utilize existing rail bed, and also be a shorter distance. These potential advantages would simplify design and construction of a rail line, and therefore would be less costly to construct. The Mina corridor also would appear to have fewer land use conflicts, and would involve less land disturbance, which tends to result in lower adverse environmental impacts overall. For these reasons, DOE has concluded that the Mina corridor warrants further detailed study. Accordingly, DOE is announcing its intent to expand the scope of the Rail Alignment EIS to supplement the rail corridor analyses of the Yucca Mountain Final EIS, and analyze the Mina corridor. This Supplemental Yucca Mountain Rail Corridor and Rail Alignment EIS \1\ also will consider, in detail, alignments for the construction and operation of a rail line within the Caliente and Mina rail corridors. ---------- \1\ Coincident with this Amended Notice of Intent, DOE is publishing a Notice of Intent to prepare a Supplemental Yucca Mountain EIS (DOE/EIS-0250F-S1). That Supplement will consider the current repository design and plans for its construction and operation, and the transportation of spent nuclear fuel and high- level radioactive waste from sites around the United States to the repository at Yucca Mountain. DATES: The Department invites comments on the scope of the Supplemental Yucca Mountain Rail Corridor and Rail Alignment EIS to ensure that all relevant environmental issues and reasonable alternatives are addressed. Public scoping meetings are discussed below in the SUPPLEMENTARY INFORMATION section. DOE will consider all comments received during the 45-day public scoping period, which starts with publication of this Amended Notice of Intent and ends November 27, 2006. Comments received after this date will be considered to the extent practicable. ADDRESSES: Requests for additional information on the Supplemental Yucca Mountain Rail Corridor and Rail Alignment EIS or transportation planning in general should be directed to: Mr. M. Lee Bishop, EIS Document Manager, Office of Logistics Management, Office of Civilian Radioactive Waste Management, U.S. Department of Energy, 1551 Hillshire Drive, M/S 011, Las Vegas, NV 89134, Telephone 1-800-967-3477. Written comments on the scope of the Supplemental Yucca Mountain Rail Corridor and Rail Alignment EIS may be submitted to Mr. M. Lee Bishop at this address, by facsimile to 1-800-967-0739, or via the Internet at under the caption, What's New. FOR FURTHER INFORMATION CONTACT: For general information regarding the DOE NEPA process contact: Ms. Carol M. Borgstrom, Director, Office of NEPA Policy and Compliance, U.S. Department of Energy, 1000 Independence Ave., SW., Washington, DC 20585, Telephone 202-586-4600, or leave a message at 1-800-472-2756. SUPPLEMENTARY INFORMATION: Background On July 23, 2002, the President signed into law (Pub. L. 107-200) a joint resolution of the U.S. House of Representatives and the U.S. Senate designating the Yucca Mountain site in Nye County, Nevada, for development as a geologic repository for the disposal of spent nuclear fuel and high-level radioactive waste. Subsequently, the Department issued a Record of Decision (April 8, 2004) to announce its selection, both nationally and in the State of Nevada, of the mostly rail scenario analyzed in the Yucca Mountain Final EIS as the mode of transportation for spent nuclear fuel and high-level radioactive waste to the repository. Under the mostly rail scenario, the Department would rely on a combination of rail, truck and possibly barge to transport to the repository site at Yucca Mountain up to 70,000 metric tons of heavy metal of spent nuclear fuel and high-level radioactive waste. Most of the spent nuclear fuel and high-level radioactive waste, however, would be transported by rail. The Department's decision to select the mostly rail scenario in Nevada ultimately will require the construction of a rail line \2\ to connect the repository site at Yucca Mountain to an existing rail line in the State of Nevada for the shipment of spent nuclear fuel and high- level radioactive waste in the event the Nuclear Regulatory Commission authorizes construction of the repository, and receipt and possession of these materials at Yucca Mountain. To that end, in the same Record of Decision, the Department also decided to select the Caliente rail corridor \3\ to study possible alignments for this proposed rail line. The Caliente rail corridor originates at an existing siding to the Union Pacific railroad near Caliente, Nevada, and extends in a westerly direction to the northwest corner of the Nevada Test and Training Range, before turning south-southeast to the repository at Yucca Mountain. The Caliente corridor ranges between 512 kilometers (318 miles) and 553 kilometers (344 miles) in length, depending on the alternative alignments considered. ---------- \2\ Rail line means the railroad track and underlying earthworks. \3\ A corridor is a strip of land 400 meters (0.25 mile) wide through which DOE would identify an alignment for the construction of a rail line. ---------- On April 8, 2004, DOE issued a Notice of Intent to prepare an EIS under NEPA for the alignment, construction, and operation of a rail line for shipments of spent nuclear fuel, high-level radioactive waste, and other materials \4\ from a site near Caliente, Nevada to a geologic repository at Yucca Mountain, Nevada. During subsequent public scoping, DOE received comments that offered preferences for various rail corridors analyzed in detail in the Yucca Mountain Final EIS, and identified other rail corridors for consideration. In particular, commenters recommended that DOE consider ``the Mina route,'' which would include use of an existing rail line from Hazen, Nevada, to the Thorne siding at Hawthorne, Nevada, and the construction of new rail line that would follow an abandoned rail line nearly to Yucca Mountain. ---------- \4\ Other materials are those related to the construction and operation of the repository. ---------- In the Yucca Mountain Final EIS, DOE considered, but eliminated from detailed study, the Mina route and several other potential rail routes (see Section 2.3.3.1). These other potential rail routes were identified in a series of three transportation studies--``Preliminary Rail Access Study'' (January, 1990), the ``Nevada Potential Repository Preliminary Transportation Strategy, Study 1'' (February, 1995), and the ``Nevada Potential Repository Preliminary Transportation Strategy, Study 2'' (February, 1996). Based on the latter (1996) study and public scoping, five potential rail corridors were considered in detail in the Yucca Mountain Final EIS. In the 1996 study, the Mina route was not recommended for further study, because a rail line within the Mina route could only connect to an existing rail line by crossing the Walker River Paiute [[Page 60486]] Tribe Reservation, and the Tribe had informed DOE that it would refuse to allow nuclear waste to be transported across its reservation (letter dated December 6, 1991). For this reason, the Department considered the Mina route to pose an unavoidable land use conflict and thus to be unavailable for further consideration (see Section 2.3.3.1 in the Yucca Mountain Final EIS). Following review of the scoping comments for the Rail Alignment EIS, DOE held discussions with the Walker River Paiute Tribe regarding the availability of the Mina route. Subsequently, in May 2006, the Walker River Paiute Tribe informed DOE that the Tribal Council had withdrawn its objection to the completion of an EIS studying the transportation of nuclear waste across its reservation. The Tribe stated that its Tribal Council had not decided to allow such shipments, but indicated that inclusion of the Mina route in an EIS would allow the Tribe to make a more informed, final decision about the matter. In view of the Tribal Council's decision, DOE initiated a study to determine the feasibility of the Mina route, and to identify a specific corridor (the Mina corridor) and associated preliminary alternative alignments. Based on DOE's preliminary analysis, in comparison with other rail corridors, the Mina corridor appears to offer potential advantages to the extent it would cross fewer mountain ranges, utilize existing rail bed, and also be a shorter distance. These potential advantages would simplify design and construction of the rail line, and therefore would be less costly to construct. The Mina corridor also would appear to have fewer land use conflicts, and would involve less land disturbance, which tends to result in lower adverse environmental impacts overall. For these reasons, DOE has concluded that the Mina corridor warrants further detailed study. Accordingly, DOE is announcing its intent to expand the scope of the Rail Alignment EIS to prepare a Supplemental EIS that will supplement the rail corridor analyses of the Yucca Mountain Final EIS. In the Yucca Mountain Final EIS, DOE evaluated the construction and operation of a rail line within five corridors--Caliente, Caliente-Chalk Mountain, Carlin, Jean and Valley Modified. In the Supplemental Yucca Mountain Rail Corridor and Rail Alignment EIS, DOE will review the environmental information and analyses for these corridors, and update, as appropriate \5\; DOE also plans to consider the Mina corridor at a level of detail commensurate with that of the Yucca Mountain Final EIS. In addition, the Supplemental Yucca Mountain Rail Corridor and Rail Alignment EIS will consider, in detail, alignments for the construction and operation of a rail line within the Caliente and Mina corridors. ---------- \5\ In a letter to the U.S. Air Force (dated December 1, 2004), DOE eliminated from detailed study alignments that would intersect the Nevada Test and Training Range because of concerns regarding military readiness testing and training activities. This letter was in response to a May 28, 2004 letter from the U.S. Air Force. For the same reasons cited in these letters, DOE does not intend to consider further the Caliente-Chalk Mountain rail corridor. ---------- The Mina corridor originates at an existing rail line near Wabuska, Nevada, where it proceeds southeasterly through Hawthorne to Blair Junction, and then on to Lida Junction. At that point, it becomes coincident with the Caliente corridor trending southeasterly through Oasis Valley before turning north-northeast to Yucca Mountain. The Mina corridor is about 450 kilometers (280 miles) in length; however, construction of new rail line would range between about 386 kilometers (240 miles) and 409 kilometers (254 miles) because the corridor includes the existing Department of Defense rail line from Wabuska to the Hawthorne Army Depot in Hawthorne. Previous Public Scoping Comments The Department received more than 4,100 comments during the public scoping period for the Rail Alignment EIS that ended June 1, 2004. In general, many of these comments offered preferences for various rail corridors or requested DOE to evaluate rail corridors other than Caliente, and suggested new alternative alignments or criteria (e.g., avoid wilderness study areas) that could be used to modify the preliminary alignments proposed by DOE or to create new alternative alignments. These comments helped inform DOE's decision to expand the scope of the Rail Alignment EIS as discussed under Background above, and to identify the range of reasonable alternative alignments as discussed under Caliente Alternative Alignments below. Commenters also requested that DOE allow other commodities to be shipped on the rail line by private entities (referred to herein as shared use). As described under Proposed Action below, the Supplemental Yucca Mountain Rail Corridor and Rail Alignment EIS will evaluate shipments of commercial commodities, in addition to shipments of DOE materials. DOE also received comments regarding analytical methods for various environmental resources such as cultural resources and water use, treatment of cumulative impacts and Native American concerns, the nature of the evaluation of potential accidents and sabotage, and the identification of mitigation measures. These comments and associated issues will be addressed in the Supplemental Yucca Mountain Rail Corridor and Rail Alignment EIS. Proposed Action Under the Supplemental Yucca Mountain Rail Corridor and Rail Alignment EIS, the Proposed Action is to determine a rail alignment \6\ (within a rail corridor) in which to construct and operate a rail line for shipments of spent nuclear fuel, high-level radioactive waste, and other materials from an existing railroad in Nevada to a geologic repository at Yucca Mountain, Nye County, Nevada. DOE now plans to review the environmental information and analyses for four rail corridors, and update, as appropriate (Caliente, Carlin, Jean and Valley Modified), include and analyze the Mina corridor, and evaluate in detail two alternatives that would implement the Proposed Action-- the Mina Alternative and the Caliente Alternative. Under each implementing alternative, DOE will evaluate the potential environmental impacts from the construction and operation of a rail line along various alternative alignments \7\ and common segments.\8\ As part of rail line operations, DOE also will evaluate, as an option to the Mina and Caliente implementing alternatives, the shipment of commercial commodities by private entities (shared use). ---------- \6\ A strip of land less than 400 meters (0.25 mile) wide through which the location of a rail line would be identified. \7\ A geographic region of the rail alignment for which multiple routes for the rail line have been identified. \8\ A geographic region of the rail alignment for which a single route for the rail line has been identified. ---------- Preliminary Alternatives As required by the Council on Environmental Quality and Departmental regulations that implement NEPA, the Supplemental Yucca Mountain Rail Corridor and Rail Alignment EIS will analyze and present the environmental impacts associated with the range of reasonable alternatives to meet DOE's purpose and need for a rail line, and a no- action alternative. The preliminary alternative alignments for the Caliente and Mina rail alignments comprise a series of common segments and alternatives (maps may be obtained as described above in [[Page 60487]] ADDRESSES). The Department is interested in identifying and subsequently evaluating any additional reasonable alternative alignments within the Caliente or Mina corridors that would reduce or avoid known or potential adverse environmental impacts, features having aesthetic values, and land-use conflicts, or alternatives that should be eliminated from detailed consideration. This could include identifying alternative alignments that could avoid environmentally sensitive areas or other land use conflicts. Caliente Alternative Alignments DOE's Notice of Intent (April 8, 2004) identified preliminary alternative alignments and common segments to be evaluated in the Rail Alignment EIS. The Notice of Intent also indicated that DOE would consider other potential alternatives if they would minimize, avoid or otherwise mitigate adverse environmental impacts. Following scoping, DOE evaluated all public comments, as well as information from other sources, that could affect the preliminary alternative alignments and common segments identified in the Notice of Intent. Based on this information, DOE identified additional alternative alignments, and modified the preliminary alignments and common segments identified in the Notice of Intent to create a suite of potential alternatives. This suite was then evaluated using environmental features and engineering and design factors to determine, preliminarily, the range of reasonable alternative alignments. As an example, commenters identified alternative alignments that would avoid Garden Valley by identifying routes through Coal Valley that cross the Golden Gate Range. However, DOE found these alignments are not reasonable alternatives because they would either exceed engineering and design factors or would be far more costly to construct than other alignments that pass through Garden Valley. On this basis, DOE has identified, preliminarily, alternative alignments at the interface with the Union Pacific Railroad near Caliente, in Garden Valley, near the Reveille Range and the Town of Goldfield, north of Scottys Junction (referred to as Bonnie Claire), and in Oasis Valley. These alternative alignments, which are described below, will be considered in detail in the Supplemental Yucca Mountain Rail Corridor and Rail Alignment EIS. Interface With Union Pacific Railroad DOE has identified two alternative alignments, Caliente and Eccles, either of which alternative alignment would connect the proposed rail line to the existing Union Pacific Railroad in or near the City of Caliente. The Caliente alternative alignment would begin in Caliente, enter Meadow Valley Wash at Indian Cove, and extend generally north through Meadow Valley Wash and along U.S. 93. This alternative alignment would then cross U.S. 93 about 5 kilometers (3 miles) southwest of Panaca and connect to Common Segment 1 about 1 kilometer (0.6 mile) northwest of U.S. 93 and 18 kilometers (11 miles) south of Pioche. The Caliente alternative alignment would be approximately 18 kilometers (11 miles) long. The Eccles alternative alignment would begin along Clover Creek about 8 kilometers (5 miles) east of Caliente and trend generally north to enter Meadow Valley Wash from the southeast. This alternative alignment would then cross U.S. 93 about 5 kilometers (3 miles) southwest of Panaca and connect to Common Segment 1 about 1 kilometer (0.6 mile) northwest of U.S. 93 and 18 kilometers (11 miles) south of Pioche. The Eccles alternative alignment would be about 18 kilometers (11 miles) long. Garden Valley DOE is considering four alternative alignments in the Garden Valley area, referred to as Garden Valley 1, 2, 3, and 8. Garden Valley 1 would run due west through the Golden Gate Range for about 7 kilometers (4 miles), trend in a southwesterly direction through Garden Valley, cross the Lincoln and Nye County line, and connect to Common Segment 2 about 5 kilometers (3 miles) north of the Worthington Mountains Wilderness Area, and 3 kilometers (2 miles) east of the Humboldt Toiyabe National Forest. The Garden Valley 1 alternative alignment would be approximately 35 kilometers (22 miles) long. Garden Valley 2 would run to the south of Garden Valley 1 and Garden Valley 3, crossing the Lincoln and Nye County line. Garden Valley 2 would continue southwesterly through the Golden Gate Range at Water Gap, turn westward through Garden Valley, and continue southwesterly to connect to Common Segment 2 about 5 kilometers (3 miles) north of the Worthington Mountains Wilderness Area and 3 kilometers (2 miles) east of the Humboldt Toiyabe National Forest. The Garden Valley 2 alternative alignment would be about 37 kilometers (23 miles) long. Garden Valley 3 would run due west through the Golden Gate Range and then in a northwesterly direction until turning southwest to run along the southeast base of the Quinn Canyon Range. Continuing in a southwesterly direction, it would run through Garden Valley, cross the Lincoln and Nye County line, and connect to Common Segment 2 about 5 kilometers (3 miles) north of the Worthington Mountains Wilderness Area and 3 kilometers (2 miles) east of the Humboldt Toiyabe National Forest. The Garden Valley 3 alternative alignment would be approximately 36 kilometers (22 miles) long. Garden Valley 8 would run to the south of Garden Valley 1 and Garden Valley 3, crossing the Lincoln and Nye County line. It would continue southwesterly through the Golden Gate Range at Water Gap, would turn westward through Garden Valley, and run in a southwesterly direction before turning sharply westward. Garden Valley 8 would proceed westward and connect to Common Segment 2 about 5 kilometers (3 miles) north of the Worthington Mountains Wilderness Area and 3 kilometers (2 miles) east of the Humboldt Toiyabe National Forest. The Garden Valley 8 alternative alignment would be about 38 kilometers (23 miles) long, 8 kilometers (5 miles) of which parallels Garden Valley Road. South Reveille South Reveille 2 and South Reveille 3 alternative alignments would begin 5 kilometers (3 miles) south of the South Reveille Wilderness Study Area. South Reveille 2 would trend to the northwest along the border of the South Reveille Wilderness Study Area. South Reveille 3 would trend northwest a few kilometers to the west and roughly parallel to South Reveille 2. South Reveille 2 or South Reveille 3 would connect to Common Segment 3 in Reveille Valley about 14 kilometers (9 miles) west of State Route 375. South Reveille 2 would be approximately 19 kilometers (12 miles) long and South Reveille 3 would be approximately 20 kilometers (12 miles) long. Goldfield DOE is considering three alternative alignments in the Goldfield area, referred to as Goldfield 1, 3, and 4. Goldfield 1 would extend south into the Goldfield Hills area, passing east of Black Butte. It would turn east near Espina Hill and head south to the east of Blackcap Mountain. It would wind around a series of hills and valleys to [[Page 60488]] maintain an acceptable grade. Goldfield 1 would run for approximately 11 kilometers (7 miles) along an abandoned rail line before joining Common Segment 4 about 1 kilometer (0.6 mile) northeast of Ralston. In total, the Goldfield 1 alternative alignment would be 47 kilometers (29 miles) long. Goldfield 3 would extend south and farther to the east than the other Goldfield alternative alignments. Like Goldfield 1, Goldfield 3 would wind around a series of hills and valleys to maintain an acceptable grade. Also like Goldfield 1, Goldfield 3 would run for approximately 11 kilometers (7 miles) along an abandoned rail line before joining common Segment 4 about 1 kilometer (0.6 mile) northeast of Ralston. In total, the Goldfield 3 alternative alignment would be about 50 kilometers (31 miles) long. The western Goldfield alternative alignment, Goldfield 4, would depart from Common Segment 3 to the north of Black Butte and trend southwest. It would then cross U.S. 95 and turn south toward Goldfield. After passing through the southwestern edge of Goldfield and crossing U.S. 95 again, Goldfield 4 would turn south to connect with Common Segment 4. Goldfield 4 would be about 53 kilometers (33 miles) long. Bonnie Claire DOE is considering two alternative alignments, Bonnie Claire 2 and 3. Bonnie Claire 2 would depart Common Segment 4 about 8 kilometers (5 miles) north of Stonewall Pass and would trend east toward the Nevada Test and Training Range for about 5 kilometers (3 miles) before turning south for an additional 17 kilometers (11 miles). Bonnie Claire 2 generally would follow the Nevada Test and Training Range boundary and would join Common Segment 5 in Sarcobatus Flats to the north of Scottys Junction near the intersection of State Route 267 and U.S. 95. Bonnie Claire 2 would be approximately 20 kilometers long. Bonnie Claire 3 would depart Common Segment 4 about 8 kilometers (5 miles) north of Stonewall Pass. Bonnie Claire 3 would trend generally south, paralleling U.S. 95 to the east. After approximately 10 kilometers (6 miles), Bonnie Claire 3 would turn southeast and continue for an additional 10 kilometers (6 miles) through Sarcobatus Flats. It would then join Common Segment 5 approximately 4 kilometers (2 miles) north of Scottys Junction near the intersection of State Route 267 and U.S. 95. Bonnie Claire 3 would be approximately 20 kilometers (12 miles) long. Oasis Valley DOE is considering two alternative alignments, referred to as Oasis Valley 1 and Oasis Valley 3. Oasis Valley 1 would depart Common Segment 5 about 3 kilometers (2 miles) north of Oasis Mountain and would run southeast and connect to Common Segment 6. Oasis Valley 1 would be approximately 10 kilometers (6 miles) long. Oasis Valley 3 would also depart Common Segment 5 about 3 kilometers (2 miles) north of Oasis Mountain and would run generally east and then south before crossing Oasis Valley farther to the east than Oasis Valley 1, and then connecting to Common Segment 6. Oasis Valley 3 would be 14 kilometers (9 miles) long. Mina Alternative Alignments Following receipt of the letter regarding the Walker River Paiute Tribal Council decision (May, 2006), the Department initiated a study to consider the feasibility of the Mina route, and to identify a specific corridor (Mina corridor) and associated preliminary alternative alignments. The process used to identify the preliminary alternative alignments within the Mina corridor is consistent with that described under Caliente Alternative Alignments. Alternative alignments were identified near the Town of Schurz, around the Montezuma Range, north of Scottys Junction (referred to as Bonnie Claire), and in Oasis Valley. These are described below. Town of Schurz DOE has identified three alternative alignments that would bypass the Town of Schurz, Nevada. Schurz Bypass 1 would depart from the existing rail line about 30 kilometers (18 miles) northwest of the Town of Schurz passing along the eastern side of the valley (Sunshine Flat). From there, the alignment passes east of Weber Reservoir and crosses U.S. 95 about 8 kilometers (5 miles) north of the intersection of U.S. 95 and Alternate U.S. 95. Schurz Bypass 1 then trends southeast remaining on the far side of the valley to where it rejoins the existing rail line about 13 kilometers (8 miles) south of Schurz. Schurz Bypass 1 would be 51 kilometers (32 miles) long. Schurz Bypass 2 also would depart the existing line at the same point of departure as Schurz Bypass 1 and would pass along the eastern side of Sunshine Flat. From there, the alignment passes east of Weber Reservoir and crosses U.S. 95 about 7 kilometers (4 miles) north of the intersection of U.S. 95 and Alternate U.S. 95. From there, the alignment trends to the southeast but staying to the east of Schurz and west of Schurz Bypass 1 until it rejoins the existing rail line about 13 kilometers (8 miles) south of Schurz. Schurz Bypass 2 would be 50 kilometers (31 miles) long. Schurz Bypass 3 would depart the existing rail line about 9 kilometers (6 miles) northwest of the Town of Schurz where it would cross the Walker River. The alignment then crosses U.S. 95 about 8 kilometers (5 miles) north of the intersection of U.S. 95 and Alternate U.S. 95 at which point it continues southeasterly to a point where it rejoins the existing rail line about 13 kilometers (8 miles) south of Schurz, on the east side of the valley. Montezuma Range DOE identified two alternative alignments that depart near Blair Junction at the intersection of U.S. 95 and U.S. 6 to avoid the Montezuma Range; they rejoin at a point just east of Lida Junction. The first alignment, Montezuma Range 1, would depart Blair Junction paralleling State Route 265 to the Town of Silver Peak where it would proceed north to follow the western side of Clayton Ridge. The alignment would then turn south approximately 16 kilometers (10 miles) before Railroad Pass at which point it would turn east between the southern end of the Goldfield Hills and the Cuprite Hills. The alignment would then cross U.S. 95 about 7 kilometers (5 miles) north of Lida Junction and, paralleling U.S. 95, then head south to a point just east of Lida Junction. Montezuma Range 1 would be about 134 kilometers (83 miles) long. Montezuma Range 2, after departing from the intersection of U.S. 95 and U.S. 6, would follow the abandoned Tonopah and Goldfield rail roadbed east to the north of Lone Mountain, at which point the alignment would head south following the abandoned roadbed. The alignment would traverse Montezuma Valley south to Klondike and would then parallel U.S. 95 as it approaches the Town of Goldfield. Montezuma Range 2 would stay west of Goldfield and then trend southeasterly to a point just east of Lida Junction where it would reconnect with Montezuma Range 1. Montezuma Range 2 would be about 135 kilometers (84 miles) long. Bonnie Claire and Oasis Valley The Bonnie Claire and Oasis Valley alternative alignments are as described above under Caliente Alternative Alignments. [[Page 60489]] No Action Alternative The Council on Environmental Quality and Departmental regulations that implement NEPA require consideration of the alternative of no action. Under the No Action Alternative, DOE would not select a rail alignment within the Caliente or Mina rail corridors for the construction and operation of a rail line. As such, the No Action Alternative provides a basis for comparison to the Proposed Action. In the event that DOE were not to select a rail alignment in the Caliente or Mina corridors, the future course that it would pursue is uncertain. DOE recognizes that other possibilities could be pursued, including identifying and evaluating alignments in other corridors considered in the Yucca Mountain Final EIS. Potential Environmental Issues and Resources To be Examined The Council on Environmental Quality regulations direct Federal agencies preparing an EIS to focus on significant environmental issues (40 CFR 1502.1) and discuss impacts in proportion to their significance (40 CFR 1502.2). Accordingly, the Supplemental Yucca Mountain Rail Corridor and Rail Alignment EIS will analyze issues and impacts with the amount of detail commensurate with their importance. To facilitate the scoping process, DOE has identified a preliminary list of issues and environmental resources that it may consider in the Supplemental Yucca Mountain Rail Corridor and Rail Alignment EIS. The list is not intended to be all-inclusive or to predetermine the scope or alternatives of the Supplemental Yucca Mountain Rail Corridor and Rail Alignment EIS, but should be used as a starting point from which the public can help DOE define the scope of the EIS. Potential impacts to the concept of multiple use as it applies to public land use planning and management specified by the Federal Land Policy and Management Act of 1976. Potential impacts to land use and ownership. Potential impacts to plants, animals and their habitats, including impacts to wetlands, and threatened and endangered and other sensitive species. Potential impacts to cultural resources. Potential impacts to American Indian resources. Potential impacts to paleontological resources. Potential impacts to the public from noise and vibration. Potential impacts to the general public and workers from radiological exposures during incident-free operations of the railroad. Potential impacts to the general public and workers from radiological exposures from potential accidents during operations of the railroad. Potential impacts to water resources and floodplains. Potential impacts to aesthetic values. Potential disproportionately high and adverse impacts to low-income and minority populations (environmental justice). Irretrievable and irreversible commitment of resources. Compliance with applicable Federal, state and local requirements. The Department specifically invites comments on the following relative to the Mina corridor and its alternative alignments: 1. Should additional alternative alignments be considered that might minimize, avoid or mitigate adverse environmental impacts (for example, looking beyond the 0.25 mile wide Mina corridor, avoiding environmentally sensitive areas)? 2. Should any of the preliminary alternatives be eliminated from detailed consideration? 3. Should additional environmental resources be considered? 4.What mitigation measures should be considered? In addition, the Department is interested in identifying any significant changes to, or new information relevant to, the rail corridors analyzed in the Yucca Mountain Final EIS. Schedule The DOE intends to issue the Draft Supplemental Yucca Mountain Rail Corridor and Rail Alignment EIS in 2007 at which time its availability will be announced in the Federal Register and local media. A public comment period will start upon publication of the Environmental Protection Agency's Notice of Availability in the Federal Register. The Department will consider and respond to comments received on the Draft in preparing the Final Supplemental Yucca Mountain Rail Corridor and Rail Alignment EIS. Other Agency Involvement Currently, the U.S. Bureau of Land Management, U.S. Air Force and the U.S. Surface Transportation Board are cooperating agencies in the preparation of the Supplemental Yucca Mountain Rail Corridor and Rail Alignment EIS. The Department also expects to invite the following to be cooperating agencies: Walker River Paiute Tribe, U.S. Bureau of Indian Affairs, and the U.S. Army. The Tribe and these agencies have management and regulatory authority over lands traversed by alternative rail alignments within the Mina and Caliente rail corridors, or special expertise germane to the construction and operation of a rail line. DOE will consult with the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, U.S. Nuclear Regulatory Commission, Native American Tribal organizations, the State of Nevada, and Nye, Lincoln, Esmeralda, Mineral, Churchill and Lyon Counties regarding the environmental and regulatory issues germane to the Proposed Action. DOE invites comments on its identification of cooperating and consulting agencies and organizations. Public Scoping Meetings DOE will hold public scoping meetings on the Supplemental Yucca Mountain Rail Corridor and Rail Alignment EIS. The meetings will be held at the following locations and times: Amargosa Valley, Nevada. Longstreet Hotel Casino, Nevada State Highway 373, November 1, 2006 from 4-7 p.m.\9\ ---------- \9\ DOE will hold a joint public scoping meeting on the Supplemental Yucca Mountain EIS (DOE/EIS-0250F-S1) and Supplemental Yucca Mountain Rail Corridor and Rail Alignment EIS (DOE/EIS-0250F- S2 and DOE/EIS-0369) in Amargosa Valley, Longstreet Hotel Casino, Nevada State Highway 373, November 1 from 4-7 pm. Additional public scoping meetings on the Supplemental Yucca Mountain EIS will be held in Washington, DC, L'Enfant Plaza Hotel, 480 L'Enfant Plaza, SW, October 30 from 4-7 pm; and Las Vegas, Cashman Center, 850 North Las Vegas Blvd., November 2 from 4-7 pm. ---------- Caliente, Nevada. Caliente Youth Center, U.S. 93 North, November 8, 2006 from 6-8 p.m. Goldfield, Nevada. Goldfield School Gymnasium, Hall and Euclid, November 13, 2006 from 4-7 p.m. Hawthorne, Nevada. Hawthorne Convention Center, 932 E. Street, November 14, 2006 from 4-7 p.m. Fallon, Nevada. Fallon Convention Center, 100 Campus Way, November 15, 2006 from 4-7 p.m. The public scoping meetings will be an open meeting format without a formal presentation by DOE. Members of the public are invited to attend the meetings at their convenience any time during meeting hours and submit their comments in writing at the meeting, or in person to a court reporter who will be available throughout the meeting. This open meeting format increases the opportunity for public comment and provides for one-on-one discussions with DOE representatives involved with [[Page 60490]] the Supplemental Yucca Mountain Rail Corridor and Rail Alignment EIS, and transportation planning in general. The public scoping meetings will be held during the public scoping comment period. The comment period begins with publication of this Amended Notice of Intent in the Federal Register and closes November 27, 2006. Comments received after this date will be considered to the extent practicable. Written comments may be provided in writing, facsimile, or by the Internet to Mr. Lee Bishop, EIS Document Manager (see ADDRESSES above). Public Reading Rooms Documents referenced in this Amended Notice of Intent and related information are available at the following locations: Beatty Yucca Mountain Information Center, 100 North E. Avenue, Beatty, NV 89003, (775) 553-2130; Esmeralda County Yucca Mountain Oversight Office, 274 E. Crook Avenue, Goldfield, NV 89013, (775) 485-3419; Las Vegas Yucca Mountain Information Center, 4101-B Meadows Lane, Las Vegas, NV 89107, (702) 295-1312; Lincoln County Nuclear Waste Project Office, 100 Depot Avenue, Caliente, NV 89008, (775) 726-3511; Nye County Department of Natural Resources and Federal Facilities, 1210 E. Basin Road, Suite 6, Pahrump, NV 89060 (775) 727-7727; Pahrump Yucca Mountain Information Center, 2341 Postal Drive, Pahrump, NV 89048, (775) 571- 5817; University of Nevada, Reno, The University of Nevada Libraries, Business and Government Information Center, M/S 322, 1664 N. Virginia Street, Reno, NV 89557, (775) 784-6500, Ext. 309; and the U.S. Department of Energy Headquarters Office Public Reading Room, 1000 Independence Avenue SW., Room 1E-190 (ME-74) FORS, Washington, DC 20585, 202-586-3142. Issued in Washington, DC, October 10, 2006. David R. Hill, General Counsel. [FR Doc. 06-8675 Filed 10-10-06; 4:15 pm] BILLING CODE 6450-01-P ***************************************************************** 57 San Bernardino County Sun: Water quality panel may select perchlorate cleanup czar Jason Pesick, Staff Writer Article Launched:10/13/2006 12:00:00 AM PDT + - Read about item 25 on the agenda for the San Bernardino County Board of Supervisors regarding perchlorate cleanup in the water supply --> + - This state Web site has the all the orders and other information from the Santa Ana Regional Water Quality Control Board re: perchlorate in Rialto, Colton and Fontana The Santa Ana Regional Water Quality Control Board today will consider allowing a retired state water official to determine whether to force three corporations to clean up perchlorate contamination in Rialto. The action would represent another step in the process to clean up the water contamination that was first discovered in 1997. "I think they have to take some strong action," said state Sen. Nell Soto, D-Ontario, chairwoman of the Senate Select Committee on Perchlorate Contamination. Perchlorate is a chemical used in the production of products such as fireworks and rocket fuel and can interfere with the functioning of the thyroid gland. The resolution up for consideration would delegate the water board's authority to an independent hearing officer to issue what are known as cleanup and abatement orders that force polluters to clean up contamination they caused. The three corporations that would face cleanup orders are Black & Decker Corp., Goodrich Corp. and the fireworks company Pyro Spectacular. In 2003, the board issued a similar order against San Bernardino County for perchlorate flowing from its property on Rialto's north side. The hearing officer would be Walt Pettit, who was the executive director of the state Water Resources Control Board until 2000. The move to delegate authority to Pettit was the result of allegations made by Emhart Industries, owned by Black & Decker, that the regional board is biased, according to Kurt Berchtold, the board's assistant executive officer. He said Emhart claimed that because the board's staff, which investigates allegations against the corporations, has been communicating with board members for years on the issue of perchlorate contamination, the board members themselves are compromised. "They're just using bogus tactics to hinder the process," Paul Van Dyke, Soto's chief of staff, said about Emhart. Soto said the board has been too passive in its efforts to clean up the contamination. She said she is not thrilled the board is delegating its authority to Pettit, but also said, "I think anything they do is better than what's going on now." Updated: October 13, 2006 12:34:39 AM PDT Los Angeles Newspaper Group ***************************************************************** 58 DOE: Supplement to the Final Environmental Impact Statement for Yucca Mt FR Doc 06-8676 [Federal Register: October 13, 2006 (Volume 71, Number 198)] [Notices] [Page 60490-60494] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr13oc06-41] Geologic Repository for the Disposal of Spent Nuclear Fuel and High- Level Radioactive Waste at Yucca Mountain, Nye County, NV AGENCY: U.S. Department of Energy. ACTION: Notice of intent. SUMMARY: The U.S. Department of Energy (DOE or the Department) is announcing its intent to prepare a Supplement to the ``Final Environmental Impact Statement for a Geologic Repository for the Disposal of Spent Nuclear Fuel and High-Level Radioactive Waste at Yucca Mountain, Nye County, Nevada'' (DOE/EIS-0250F, February 2002) (Yucca Mountain Final EIS). The Proposed Action addressed in the Yucca Mountain Final EIS is to construct, operate and monitor, and eventually close a geologic repository at Yucca Mountain in southern Nevada for the disposal of spent nuclear fuel and high-level radioactive waste. The Yucca Mountain Final EIS considered the potential environmental impacts of a repository design for surface and subsurface facilities, a range of canister packaging scenarios and repository thermal operating modes, and plans for the construction, operation and monitoring, and eventual closure of the repository. The Yucca Mountain Final EIS also considered the environmental impacts of the transportation of spent nuclear fuel and high-level radioactive waste from commercial and DOE sites to the repository by two principal modes--mostly truck and mostly rail. In the Yucca Mountain Final EIS DOE recognized that these repository design concepts and operational plans would continue to develop during the design and engineering process. Since publication of the Yucca Mountain Final EIS, DOE has continued to develop the repository design and associated plans. As now planned, the proposed surface and subsurface facilities would allow DOE to operate the repository following a primarily canistered approach in which most commercial spent nuclear fuel would be packaged at the commercial sites in multipurpose transport, aging and disposal canisters (TADs), and all DOE materials would be packaged in disposable canisters at the DOE sites. Waste packages would be arrayed in the repository underground to achieve what is referred to as a higher- thermal operating mode, and most spent nuclear fuel and high-level radioactive waste would arrive at the repository by rail. To evaluate the potential environmental impacts of the current repository design and operational plans, DOE has decided to prepare a Supplement to the Yucca Mountain Final EIS \1\, consistent with the National Environmental Policy Act (NEPA) and the Nuclear Waste Policy Act, as amended (Pub. L. 97-425) (NWPA). This Supplemental Yucca Mountain EIS (DOE/EIS-0250-S1) is being prepared to assist the U.S. Nuclear Regulatory Commission (NRC) in satisfying its NEPA responsibilities pursuant to the NWPA (Section 114(f)(4)) \2\. ----------------------------------------------------------------- ---------- \1\ Coincident with this Notice of Intent, DOE is publishing an Amended Notice of Intent to prepare a Supplemental Yucca Mountain Rail Corridor and Rail Alignment EIS (DOE/EIS-0250F-S2 and DOE/EIS- 0369). That EIS will review the rail corridor analyses of the Yucca Mountain Final EIS, and update, as appropriate, and will analyze the proposed Mina corridor; it also will include detailed analyses of alternative alignments for the construction and operation of a rail line within the Mina corridor, as well as the Caliente corridor. \2\ Section 114(f)(4) of the NWPA provides that any environmental impact statement ``prepared in connection with a repository * * * shall, to the extent practicable, be adopted by the Commission [NRC] in connection with the issuance by the Commission of a construction authorization and license for such repository. To the extent such statement is adopted by the Commission, such adoption shall be deemed to also satisfy the responsibilities of the Commission under the National Environmental Policy Act of 1969 * * *.'' DATES: The Department invites comments on the scope of the Supplemental Yucca Mountain EIS to ensure that all relevant environmental issues are addressed. Public scoping meetings are discussed below in the SUPPLEMENTARY INFORMATION section. DOE will consider all comments received during the 45-day public scoping period, which starts with publication of this Notice of Intent and ends November 27, 2006. Comments received after this date will be considered to the extent ----------------------------------------------------------------- ---------- practicable. ADDRESSES: Requests for additional information on the Supplemental Yucca Mountain EIS or on the repository program in general, should be directed to: Dr. Jane Summerson, EIS Document Manager, Regulatory Authority Office, Office of Civilian Radioactive Waste Management, U.S. Department of Energy, 1551 Hillshire Drive, M/S 010, Las Vegas, NV 89134, Telephone 1-800-967-3477. Written comments on the scope of the Supplemental Yucca Mountain EIS may be submitted to Dr. Jane Summerson at this address, or by facsimile to 1-800-967-0739, or via the Internet at http://www.ocrwm.doe.gov under the caption What's New. FOR FURTHER INFORMATION CONTACT: For general information regarding the DOE NEPA process contact: Ms. Carol M. Borgstrom, Director, Office of NEPA Policy and Compliance, U.S. Department of Energy, 1000 Independence Ave., SW., Washington, DC 20585, Telephone 202-586-4600, or leave a message at 1-800-472-2756. SUPPLEMENTARY INFORMATION: [[Page 60491]] Background Section 111(a)(4) of the NWPA states that the Federal government has the: ``responsibility to provide for the permanent disposal of high-level radioactive waste and such spent nuclear fuel as may be disposed of in order to protect the public health and safety and the environment.'' The NWPA directs the Secretary of Energy, if the Secretary decides to recommend approval of the Yucca Mountain site for development of a repository, to submit a final environmental impact statement with any recommendation to the President. The Department prepared the Yucca Mountain Final EIS to fulfill that requirement. On February 14, 2002, the Secretary, in accordance with the NWPA, transmitted his recommendation (including the Yucca Mountain Final EIS) to the President for approval of the Yucca Mountain site for development of a geologic repository. The President considered the site qualified for application to the NRC for a construction authorization and recommended the site to the U.S. Congress. Subsequently, on July 23, 2002, the President signed into law (Pub. L. 107-200) a joint resolution of the U.S. House of Representatives and the U.S. Senate designating the Yucca Mountain site for development as a geologic repository for the disposal of spent nuclear fuel and high-level radioactive waste. The Department is now preparing a license application for submittal to the NRC seeking authorization to construct the repository, as required by the NWPA (Section 114(b)). In the Yucca Mountain Final EIS, DOE considered the potential environmental impacts of a repository design for surface and subsurface facilities, a range of canister packaging scenarios and repository thermal operating modes, and plans for the construction, operation and monitoring, and eventual closure of the repository. The Yucca Mountain Final EIS also described and evaluated the transportation of spent nuclear fuel and high-level radioactive waste from commercial and DOE sites to the repository by two principal modes--mostly truck and mostly rail. DOE recognized at that time that these repository design concepts and operational plans would continue to develop during the design and engineering process. More specifically, the Yucca Mountain Final EIS included evaluations of separate canistered and uncanistered packaging scenarios for commercial spent nuclear fuel, and a repository design comprised of three primary surface operations areas (North Portal Operations Area, South Portal Development Area, Ventilation Shaft Operations Area) in which spent nuclear fuel and high-level radioactive waste would be handled in two principal facilities (Carrier Preparation Building, Waste Handling Building). The Yucca Mountain Final EIS also evaluated a range of underground thermal operating modes (referred to as lower- and higher-temperature modes) in which heat from the waste packages would raise the temperature of the adjacent rock to a range of temperatures from below the boiling point of water to above the boiling point. Two scenarios, mostly truck and mostly rail, were analyzed for the transportation of spent nuclear fuel and high-level radioactive waste from the commercial and DOE sites to the repository. Since publication of the Yucca Mountain Final EIS, DOE has continued to develop the repository design and associated plans. As now planned (and described in greater detail in the Proposed Action below), the proposed surface and subsurface facilities would allow DOE to operate the repository following a primarily canistered approach in which most commercial spent nuclear fuel would be packaged at the commercial sites in TADs, and all DOE materials would be packaged in disposable canisters at the DOE sites. These TADs and disposable canisters then would be transported mostly by rail \3\ to the repository where they would be placed on aging (or staging) \4\ pads prior to disposal, or inserted into waste packages and disposed of in the repository underground. ----------------------------------------------------------------- ---------- \3\ On April 8, 2004 (69 FR 18557), the Department issued a Record of Decision selecting, both nationally and in the State of Nevada, the mostly rail scenario analyzed in the Yucca Mountain Final EIS. This decision will ultimately require the construction of a rail line to connect the repository site at Yucca Mountain to an existing rail line in the State of Nevada. \4\ The terminology refers to retaining commercial spent nuclear fuel on the surface at the repository to meet waste package thermal limits (aging), or to provide a surge capacity to maintain flexibility in waste handling operations (staging). ----------------------------------------------------------------- ---------- At the repository site, spent nuclear fuel and high-level radioactive waste would now be handled in up to six principal facilities located within three primary surface operations areas. A fourth operations area would be developed to support excavation of the underground repository. A higher-thermal (temperature) operating mode would be employed. Based on the current planning, the Department does not believe that any of the developments to the repository design or operational plans would have a significant impact on the environmental effects considered in the Yucca Mountain Final EIS. Nevertheless, to assist NRC in satisfying its NEPA responsibilities pursuant to the NWPA (Section 114(f)(4)), DOE has decided to prepare this Supplemental EIS. Proposed Action Under the Proposed Action, DOE would construct, operate and monitor, and eventually close a geologic repository at Yucca Mountain for the disposal of up to 70,000 metric tons of heavy metal (MTHM) of commercial and DOE-owned spent nuclear fuel and high-level radioactive waste.\5\ DOE would dispose of these materials in the repository using the inherent, natural geologic features of the mountain and engineered barriers to ensure long-term isolation of the spent nuclear fuel and high-level radioactive waste from the human environment. These materials would be emplaced underground at least 200 meters (660 feet) below the surface and at least 160 meters (530 feet) above the water table. The NRC, through its licensing process, would regulate repository construction, operation and monitoring, and closure. ----------------------------------------------------------------- ---------- \5\ The 70,000 MTHM includes 63,000 MTHM of commercial spent nuclear fuel, about 2,333 MTHM of DOE fuel (includes about 65 MTHM of naval fuel), and about 4,667 MTHM of DOE high-level radioactive waste. ----------------------------------------------------------------- ---------- Under the Proposed Action, most spent nuclear fuel and high-level radioactive waste would be shipped from 72 commercial and 4 DOE sites \6\ to the repository in NRC-certified transportation casks placed on trains dedicated only to these shipments. Some shipments, however, would arrive at the repository by truck. ----------------------------------------------------------------- ---------- \6\ In 2002, fifty-four additional sites, primarily domestic research reactors, were expected to ship spent nuclear fuel to two DOE sites prior to disposal at the repository (see Records of Decision June 1, 1995 at 60 FR 28680, and March 8, 1996 at 61 FR 9441). Also, the Yucca Mountain Final EIS analyzed fuel shipments from 5 DOE sites, including Fort St. Vrain, to the repository. Presently, it is anticipated that fuel from Fort St. Vrain will be shipped to Idaho National Laboratory prior to being shipped to the repository. ----------------------------------------------------------------- ---------- Under the Proposed Action, all DOE spent nuclear fuel and high- level radioactive waste would be placed in disposable canisters at the DOE sites, and as much as 90 percent of the commercial spent nuclear fuel would be placed in TADs at the commercial sites prior to shipment. Upon arrival at the repository, both types of canisters (DOE disposable and TADs) would be placed into corrosion-resistant overpacks [[Page 60492]] (waste packages) prior to emplacement in the repository underground. The remaining commercial spent nuclear fuel (about 10 percent) would be transported to the repository in dual-purpose canisters (canisters suitable for storage and transportation), or would be uncanistered. At the repository, uncanistered spent nuclear fuel would be placed directly into TADs and then waste packages for disposal. Commercial spent nuclear fuel arriving in dual-purpose canisters would first be removed from the canisters, placed into TADs and then into waste packages for disposal. Handling of spent nuclear fuel and high-level radioactive waste would take place in the geologic repository operations area, which includes the North Portal area, the South Portal development area, a North Construction Portal development area, and the surface shaft areas. The surface portion of the geologic repository operations area also would include the facilities necessary to receive, package, and support emplacement of spent nuclear fuel and high-level radioactive waste in the repository. Waste transfer operations would be conducted inside reinforced concrete and metal frame buildings designed and constructed to withstand earthquakes and other phenomena. Workers and the public would be protected from radiation by shielded transfer equipment and walls, exhaust filtering systems, and the use of remotely controlled equipment to remove the waste forms from the transportation casks for insertion into waste packages. The primary surface waste handling facilities include a wet handling facility, a receipt facility, and three separate canister receipt and closure facilities. DOE also is considering an initial handling facility. These facilities would allow the various types of materials received at the repository to be prepared for disposal. The wet handling facility would receive commercial spent nuclear fuel as bare fuel assemblies (uncanistered) or in dual-purpose canisters, either in truck or rail transportation casks. Commercial spent nuclear fuel would be transferred underwater from the transportation casks or dual-purpose canisters into TADs. The wet handling facility would include provisions for opening transportation casks and dual-purpose canisters, and for drying and closing the loaded TADs. Loaded TADs either would be placed into overpacks for placement on aging/staging pads, or would be transferred to the canister receipt and closure facilities for loading into waste packages for disposal. The receipt facility would receive TADs and dual-purpose canisters in rail transportation casks. The TADs and dual-purpose canisters would be transferred (dry) from the transportation casks either to overpacks for placement on the aging/staging pads, or to shielded transfer casks for transfer to the canister receipt and closure facilities. Shielded transfer casks also would transfer dual-purpose canisters to the wet handling facility, as necessary. The canister receipt and closure facilities would receive DOE disposable canisters and TADs in rail transportation casks, shielded transfer casks and aging/staging overpacks. These facilities also could receive truck casks. There, TADs and DOE disposable canisters would be placed into waste packages for disposal. If constructed, the initial handling facility would receive DOE high-level radioactive waste canisters and naval spent nuclear fuel canisters in truck and rail transportation casks. These canisters would be removed from the transportation casks and transferred to waste packages for disposal. Waste packages containing TADs, naval nuclear spent fuel, or DOE disposable canisters would be placed on pallets and loaded onto shielded waste package transporters. The shielded waste package transporters would transfer the waste packages to the underground for emplacement in dedicated tunnels (drifts). In these drifts, waste packages would be aligned end-to-end. Emplacement drifts would be excavated in a series of panels, phased to match the anticipated throughput rate of the surface waste handling facilities. The repository also would have other underground excavations. These would include, for example, main drifts to provide access to the surface and the emplacement drifts, and exhaust mains to exhaust ventilation air from the emplacement drifts. Under the Proposed Action, thermal output of the waste packages would heat the adjacent rock in excess of the boiling temperature of water (i.e., higher-thermal operating mode). In this higher-thermal mode, the repository emplacement drifts would remain open and ventilated for a nominal period of 50 years after emplacement of the spent nuclear fuel and high-level radioactive waste; ventilation would remove much of the heat and humidity from the emplacement drifts during this period. The higher thermal operating mode would be achieved by a combination of closely spaced waste packages, a nominal ventilation period of 50 years, and managing waste package thermal output by mixing lower heat output waste packages with higher heat output packages in the drifts (for example). After the repository is closed and sealed, the rock around the emplacement drifts would dry, minimizing the amount of water that might contact the waste packages for hundreds of years. However, a substantial portion of the rock between the drifts would remain at temperatures below boiling, and this would promote drainage of water through the central portions of the rock, rather than into the emplacement drifts. The surface and subsurface facilities and associated infrastructure,\7\ such as the on-site road and water distribution networks and emergency response facilities, would be constructed in phases to accommodate the expected receipt rates of spent nuclear fuel and high-level radioactive waste. Emplacement (disposal) operations, which would last up to 50 years, would be followed by a preclosure monitoring period of 50 years. Towards the end of the preclosure monitoring period, titanium drip shields would be installed over the waste packages. The drip shields would divert moisture that might drip from the drift walls, as well as condensed water vapor around the waste packages, to the drift floor thereby increasing the life expectancy of the waste packages. Drip shields also would protect the waste packages from rock falls. ----------------------------------------------------------------- ---------- \7\ DOE published a ``Draft Environmental Assessment for the Proposed Infrastructure Improvements for the Yucca Mountain Project, Nevada'' on July 6, 2006 (71 FR 38391). DOE proposes to repair, replace, or improve certain infrastructure at the site to enhance safety and to safely continue operations, scientific testing, and maintenance until such time as NRC decides whether to authorize construction of a repository. To the extent that activities proposed by DOE in its environmental assessment, such as construction of a new access road or new power lines, may not be undertaken in the timeframe considered in the environmental assessment, they will be considered in this Supplemental Yucca Mountain EIS (DOE/EIS-0250F- S1). ----------------------------------------------------------------- ---------- Under the Proposed Action, emplaced waste packages could be retrieved at any time prior to 100 years after the start of emplacement. Following waste emplacement, surface facilities would be decommissioned and after the monitoring period the repository would be closed. Closure would involve sealing the shafts, ramps, exploratory boreholes and other repository openings. The main drifts would be filled with crushed rock and surface caps would be installed to discourage human intrusion. A network of monuments and markers would be erected around the site surface to warn [[Page 60493]] future generations of the presence and nature of the buried radioactive waste. No Action Alternative Under the No Action Alternative, DOE would terminate activities at Yucca Mountain and undertake site reclamation to mitigate any significant adverse environmental impacts. Commercial nuclear power utilities and DOE would continue to manage spent nuclear fuel and high- level radioactive waste at sites throughout the United States. The No Action Alternative was analyzed in the Yucca Mountain Final EIS as a basis for comparison with the Proposed Action. Since completion of the Yucca Mountain Final EIS, DOE has not identified any relevant changes in circumstances or information bearing on environmental concerns regarding the No Action Alternative. For this reason, DOE anticipates that the Supplemental Yucca Mountain EIS will incorporate by reference the information describing and analyzing the No Action Alternative presented in the Yucca Mountain Final EIS (pursuant to Council on Environmental Quality (CEQ) regulations at 40 Code of Federal Regulations (CFR) 1502.21). Potential Environmental Issues and Resources To Be Examined The CEQ regulations direct Federal agencies preparing an EIS to focus on significant environmental issues (40 CFR 1502.1) and discuss impacts in proportion to their significance (40 CFR 1502.2). Accordingly, the Supplemental Yucca Mountain EIS will analyze issues and impacts with the amount of detail commensurate with their importance. Under these guidelines, aspects of the Proposed Action with clearly small environmental impacts usually would require less depth and breadth of analysis. To the degree that the Proposed Action would affect public health or safety, however, the potential impacts generally are a matter of public interest, regardless of their significance. Therefore, DOE plans to pay particular attention to worker and public health and safety associated with the handling and disposal, and transportation of spent nuclear fuel and high-level radioactive waste, even where such impacts would not be significant. To facilitate the scoping process, DOE has identified a preliminary list of issues and environmental resources that it may consider in the Supplemental Yucca Mountain EIS. The list is not intended to be all- inclusive, but should be used as a starting point for public input on the scope of the Supplemental Yucca Mountain EIS. Radiological releases. The potential impacts (i.e., latent cancer fatalities) to the public and workers from potential radiological releases during routine loading of canisters and transportation casks at the commercial sites, and from handling and disposal operations at the repository. Worker safety and health. Potential health and safety impacts (i.e., injuries and fatalities) to workers during handling and disposal operations at the commercial and DOE sites and the repository. Transportation. The potential radiological and non- radiological impacts (i.e., traffic injuries and fatalities) to the public and workers associated with the shipment of materials to the repository under the mostly rail scenario. Accidents. The potential radiological impacts to workers and the public from reasonably foreseeable accidents during loading of canisters at the sites, transportation and repository operations, including any accidents with low probability but high potential consequences. Sabotage. The potential radiological impacts to workers and the public from sabotage of transportation and repository operations. Waste isolation. Potential radiological and non- radiological impacts (e.g., chemically toxic materials) associated with the long-term performance of the repository. Socioeconomic conditions. Potential local regional socioeconomic impacts to the surrounding communities from construction, operation and closure of the repository. Water and air resources. Potential impacts to air resources, and water quality and use. Cultural resources. Potential impacts to archaeological and historic resources and American Indian issues of concern. Biological resources. Potential impacts to plants, animals and their habitats, including impacts to endangered and threatened species. Cumulative impacts from the Proposed Action and other past, present and reasonably foreseeable future actions. Environmental justice. Potential for disproportionately high and adverse impacts on minority or low-income populations. Schedule The DOE intends to issue the Draft Supplemental Yucca Mountain EIS in 2007, at which time its availability will be announced in the Federal Register and in media in Nevada. A public comment period will start upon publication of the Environmental Protection Agency's Notice of Availability in the Federal Register. DOE will hold public hearings during the comment period. The Department will consider and respond to comments received on the Draft Supplemental Yucca Mountain EIS in preparing the Final Supplemental Yucca Mountain EIS. Other Agency Involvement The Department intends to consult with Federal agencies, such as the U.S. Army Corps of Engineers, U.S. Bureau of Land Management, U.S. Air Force, and the U.S. Department of the Navy, and with state agencies, such as the Nevada Department of Transportation and the Nevada Division of Environmental Protection, during preparation of the Supplemental Yucca Mountain EIS. Public Scoping Meetings DOE will hold public scoping meetings on the Supplemental Yucca Mountain EIS. The meetings will be held at the following locations and times: Washington, District of Columbia, L'Enfant Plaza Hotel, 480 L'Enfant Plaza, SW., October 30 from 4-7 p.m. Amargosa Valley, Nevada. Longstreet Hotel Casino, Nevada State Highway 373, November 1 from 4-7 p.m.\8\ ----------------------------------------------------------------- ---------- \8\ DOE will hold a joint public scoping meeting on the Supplemental Yucca Mountain Rail Corridor and Rail Alignment EIS (DOE/EIS-0250F-S2 and DOE/EIS-0369) and on the Supplemental Yucca Mountain EIS (DOE/EIS-0250F-S1) in Amargosa Valley, Longstreet Hotel Casino, Nevada State Highway 373, November 1 from 4-7 pm. Additional public scoping meetings on the Supplemental Yucca Mountain Rail Corridor and Rail Alignment EIS will be held in Caliente, Caliente Youth Center, U.S. 93 North, November 8 from 6-8 pm; Goldfield, Goldfield School Gymnasium, Hall and Euclid, November 13 from 4-7 pm; Hawthorne, Hawthorne Convention Center, 932 E. Street, November 14 from 4-7 pm; and Fallon, Fallon Convention Center, 100 Campus Way, November 15, from 4-7 pm. ----------------------------------------------------------------- ---------- Las Vegas, Nevada. Cashman Center, 850 North Las Vegas Blvd., November 2 from 4-7 p.m. The public scoping meetings will be an open meeting format without a formal presentation by DOE. Members of the public are invited to attend the meetings at their convenience any time during meeting hours and submit their comments in writing at the meeting, or in person to a court reporter who will be available throughout the meeting. This open meeting format increases the opportunity for public comment and provides for one-on-one discussions with DOE representatives involved with [[Page 60494]] the Supplemental Yucca Mountain EIS and the repository program. The public scoping meetings will be held during the public scoping comment period. The comment period begins with publication of this Notice of Intent in the Federal Register and closes November 27, 2006. Comments received after this date will be considered to the extent practicable. Written comments may be provided in writing, by facsimile, or via the Internet to Dr. Jane Summerson, EIS Document Manager (see ADDRESSES above). Public Reading Rooms Documents referenced in this Notice of Intent and related information are available at the following locations: Beatty Yucca Mountain Information Center, 100 North E. Avenue, Beatty, NV 89003, (775) 553-2130; Esmeralda County Yucca Mountain Oversight Office, 274 E. Crook Avenue, Goldfield, NV 89013, (775) 485-3419; Las Vegas Yucca Mountain Information Center, 4101-B Meadows Lane, Las Vegas, NV 89107, (702) 295-1312; Lincoln County Nuclear Waste Project Office, 100 Depot Avenue, Caliente, NV 89008, (775) 726-3511; Nye County Department of Natural Resources and Federal Facilities, 1210 E. Basin Road, Suite 6, Pahrump, NV 89060 (775) 727-7727; Pahrump Yucca Mountain Information Center, 2341 Postal Drive, Pahrump, NV 89048, (775) 571- 5817; University of Nevada, Reno, The University of Nevada Libraries, Business and Government Information Center, M/S 322, 1664 N. Virginia Street, Reno, NV 89557, (775) 784-6500, Ext. 309; and the U.S. Department of Energy Headquarters Office Public Reading Room, 1000 Independence Avenue, SW., Room 1E-190 (ME-74) FORS, Washington, DC, 20585, 202-586-3142. Issued in Washington, DC, October 10, 2006. David R. Hill, General Counsel. [FR Doc. 06-8676 Filed 10-10-06; 4:15 pm] BILLING CODE 6450-01-P ***************************************************************** 59 EnergyBiz Magazine: Where to Store Spent Nuclear Fuel October 13, 2006 Ken Silverstein, EnergyBiz Insider Editor-in-Chief Just when it seemed that a permanent nuclear waste storage site might be derailed, the possibility has come roaring back. A bill to speed up time frames and remove some procedural obstacles to implementation of such a repository is now before Congress. While Senate Energy Committee Chairman Pete Domenici's legislation wants the federal government to take control over nuclear waste, his bill's future is far from certain. The measure wants to open up Yucca Mountain, about 90 miles away from Las Vegas, by 2011 to defense-related nuclear waste and by 2017 to commercially-related spent fuel from utilities. All of it would eventually be stored underground there. Under the bill, defense waste can be shipped to Yucca after the Nuclear Regulatory Commission approves an above-ground storage facility. That is estimated to occur by 2010, making it possible that the spent fuel could be stored within concrete walls about a year later. At the same time, the U.S. Secretary of Energy could decide what waste would qualify to be re-processed, or recycled -- all as a way to lessen the level of waste sent to the repository. The fuel that cannot be recycled would be stored at Yucca. "This bill will remove legal barriers that will allow the (Department of Energy) to meet its obligation to accept and store spent nuclear fuel as soon as possible," says Domenici, in a floor speech. The measure gives the Energy Department the authority to create 147,000 acres of land as a buffer zone around Yucca. It would also fund a rail system to transport waste from 131 sites around the country. Current law enacted in 1982 permits 70,000 tons of spent fuel to be housed at Yucca. But, Domenici says that the threshold is too little and the limit would be quickly reached -- if the site becomes a permanent storage facility. For example, about 54,000 tons of both commercial and defense-related waste now awaits permanent storage But, the Energy Department says those entities could generate 119,000 tons of spent fuel by 2035. The pending measure deviates from the Nuclear Waste Policy Act of 1982, allowing the Energy Department to circumvent the Nuclear Regulatory Commission that must approve the Yucca Mountain application. If the bill would pass, the Energy Department could move the spent fuel to the site before the nuclear agency gives its permission -- something that has been repeatedly pushed back and is not expected now until 2008. Until Yucca Mountain would become workable, the bill would allow for the creation of interim storage facilities in several states -- something opposed by 10 state attorney generals. "The proposal does not contain even basic measures to address the major transportation-safety issues entailed in moving nuclear waste, such as emergency-response preparation, accident prevention, security and public education," says the coalition of attorneys general, in a letter to Chairman Domenici. On-Site Storage Critics of Domenici's latest efforts say that it is an attempt by federal officials to bypass the current set of requirements. If the measure were to become law, they have vowed to challenge it in the courts. Opponents have always maintained that Yucca poses serious environmental and safety concerns and argue that the best solution to storing nuclear waste is to keep it on site and in underground storage near the reactors that generate it. Public Citizen, the Union for Concerned Scientists and many others told a House subcommittee that highly reinforced dry casks is the appropriate place to put spent nuclear fuel. Moreover, Yucca Mountain is a poor solution and would not obviate the need for on site storage, they say. Some members of Congress want the Nuclear Regulatory Commission to issue rules requiring permanent on-site, underground storage at each of the nation's 103 nuclear power plants. Yucca Mountain "is not a site that can be licensed given reasonable standards for health and public safety," said Michele Boyd, legislative counsel with Public Citizen. She says that the ongoing effort to create a permanent nuclear waste site there has cost $10 billion over the last 20 years. The issue of storing spent nuclear fuel is probably the most pressing one facing the nuclear power industry. While proponents have done a reasonably good job of letting the public know that nuclear energy is environmentally friendly, they have yet to persuade all parties that the generation and storage processes are totally safe. And, if federal incentives are successful and more nuclear power generation is built, then the federal government would likely need to create more permanent storage facilities beyond what Yucca Mountain has to offer. An MIT study says that existing nuclear storage sites should be expanded to enable the storage of spent fuel decades into the future. At some point, the technology to allow that fuel to be recycled will have advanced. Instead of burying it all, some of the spent fuel could then be used to power other nuclear generators. Other countries, meantime, are grappling with similar issues. France, for example, now reprocesses its waste and uses it in other reactors. The country also buries it underground in storage at two sites there and in ventilated wells to control the temperature. An underground research laboratory in eastern France is now researching more effective ways to bury such waste. In the United States, leading lawmakers are insistent that Yucca Mountain is the best long-term solution when it comes to storing spent fuel. They are working to remove the legal barriers to allow for such a permanent repository. Opponents are determined to prevent it. As such, the more immediate question may be whether underground, on-site storage is the most optimal answer to the problem. Copyright © 1996-2006 by CyberTech, Inc. All rights reserved. 2821 S. Parker Rd. Ste 1105 Aurora, CO 80014 Contact: Phone - 303-782-5510 Fax - 303-782-5331 or service@energycentral.com. ***************************************************************** 60 Tonawanda News: Town cleanup site a joke October 12, 2006 09:45 pm Reportedly on his way to the Ashland dedication cleanup ceremony on Sept. 15, Assemblyman Robin Schimminger saw several deer frolicking nearby Ashland Oils radioactive dump site repository. Tonawandas lurid past history involving the atom bomb, or Manhattan Project, is according to many expert epidemiologists more than likely responsible for creating the cancer cluster dilemma that has now become a stark reality for area residents. The deer seemed perfectly healthy. They werent glowing, they were very happy, said Schimminger to former Tonawanda News reporter Jessica Gasper. It should be painfully obvious to the residents of the Tonawandas that Assemblyman Schimminger would rather talk to the deer than face up to the fact that many families have legitimate questions and fears. These families are the recipients of early on cancer clusters and other more than proven environmental medical maladies as evidenced by Albanys New York State Health Department report of 2002. Schimminger has for years steadfastly turned his back on facts that would have enhanced the likelihood of an Albany sponsored or federal sponsored human bio-monitoring program, utilizing blood and urine analysis. His apparent corporate crony favoritism stance over suffering residents is surely a slap in the face to our community. In all fairness to Schimminger, he is not alone. Most of our bi-partisan Tonawanda officials, with a few exceptions, have rallied to the side of economic development growth without considering the implications and tragedy of human health consequences due to corporate and governmental environmental irresponsibility. I would like to ask Tonawanda officials a few questions. Why have you refused to acknowledge and make public the Department of Defense and Corps of Engineers ongoing need to air monitor and test for nuclear gamma radiation shown to be harmful to area residents? Evidence shows that in 2002 there were 24 active gamma dosimeters including three off site, which is on Town of Tonawanda and public property. It is my understanding that we are still presently being air monitored for gamma radiation. Why? Why in years past were the dangers of large amounts of Americium 241 (a man made isotope of Plutonium) dumped into Tonawandas sewer system, partially incinerated and not fully made known to the general public? Where and to what degree do quantities of Radium 226, Thorium 230, Uranium 238 and Americium 241 still exist in our local environment? What is the present status of thyroid cancer for women, as reported by the New York State Health Department in 2002, to be 81 percent above New York state average and 22 percent above average for generalized cancers? Are you aware that a final result accomplished in percentage of cleanup value has many long term health implications considering that Uranium 238 has a half-life of 4.5 billion years, Thorium 230 has a half-life of 32,500 years, Radium 226 has a half-life of 1,600 years and Americium 241 has a half-life of 432 years? I think it only fair and morally imperative that our local leaders on a bi-partisan level should self-educate themselves and become able to answer these questions to their constituency. To date our newly elected democratic Town of Tonawanda Town Board members have been surprisingly, with disappointment added, unresponsive to the many environmental and health problems still existing in our community. A major priority for board members to address is the need for a human bio-monitoring program as first endorsed by the Center for Disease Control and New York State Department of Health in 2002. This program should mirror the City of Buffalos school children chelation lead testing program, adding heavy radionuclide isotopes as additional known carcinogens. Jessica Gaspars Ashland radioactive site article shows a pristine garden utopia that somehow we all want to believe and embrace. The reality is that we will never realize peace of heart for our families and children until government and corporate hidden secret agendas become public domain, only accomplished by bringing truth to the light of day. Philip F. Sweet is a resident of Town of Tonawanda. Community Newspaper Holdings, Inc.• CNHI Classified Advertising Network• CNHI News Service Associated Press content © 2006. All rights reserved. ***************************************************************** 61 PE.com: Senators prod EPA over new findings Inland Southern California 10:00 PM PDT on Thursday, October 12, 2006 By DAVID DANELSKI The Press-Enterprise California's U.S. senators and an Inland environmental group are calling for action to protect public health in the wake of a federal study linking a common water contaminant with impaired thyroid function in women. In addition, the California agency responsible for assessing health risks from pollution will analyze the study and could reconsider how much of the chemical, the rocket fuel perchlorate, is safe to consume in drinking water. Perchlorate, used in munitions, fireworks and flares as well as rockets, has tainted numerous Inland water supplies as a result of industrial spills and leaks. It also has been found in milk, lettuce and other foods nationwide. Sens. Barbara Boxer and Dianne Feinstein, both California Democrats, are demanding that the U.S. Environmental Protection Agency issue a health advisory to warn people about perchlorate. The senators were not specific about how the public should be warned about the contamination. "The EPA should also establish a drinking-water standard that protects vulnerable pregnant women and children," the senators said in a letter to EPA Administrator Stephen Johnson. Members of the Glen Avon-based Center for Community Action and Environmental Justice gathered Thursday outside Rialto City Hall to push for faster cleanup of perchlorate contamination that has forced the city to shut down drinking-water wells. CDC Findings More than 2,000 people took part in the health study, published last week by scientists at the U.S. Centers for Disease Control and Prevention in Atlanta. It found that women with low iodide levels had reduced thyroid function when exposed to perchlorate at levels the EPA has deemed safe. Potentially, one-third of U.S. women have low iodide levels and could be affected by the chemical, CDC researchers found. Thyroid health is important because the gland makes hormones that control metabolism and guide neurological development in fetuses and infants. Speaking at a water conference Thursday in Ontario, Benjamin Blount, lead author of the CDC study, cautioned that the research does not necessarily prove that low amounts of perchlorate are making people sick. However, it did show the chemical having effect on more vulnerable women. The scientists found a correlation between perchlorate, in concentrations as low as 2.9 parts per billion in urine, and reduced output of thyroid hormones. Blount said ingested perchlorate winds up in urine. He has also found that perchlorate in urine is more concentrated than drinking-water levels because the chemical is widespread in foods. The EPA, in developing guidelines for what's safe in drinking water, relied heavily on a study of 37 people exposed to perchlorate for two weeks. The agency decided that as much as 24.5 parts per billion is safe in drinking water. The authors of that study, published in 2002, concluded that perchlorate had no effect on the thyroid at 245 parts per billion. California's Department of Health Services has proposed limiting perchlorate to 6 parts per billion in drinking water. A public hearing on the proposal is set for Oct. 30 in Sacramento. 'A Very Significant Study' State officials will take a close look at the CDC study and independently analyze the data, said Allan Hirsh, a spokesman for the California Environmental Protection Agency's Office of Environmental Health Hazard Assessment. The agency sets health goals that are used by the Department of Health Services to limit contaminants in drinking water. Health goals aren't enforceable limits, but water agencies use them as guidelines to determine what is safe for all consumers. "This is a very significant study," Hirsh said by telephone. "A re-evaluation of the health goal is a potential outcome." Natalie Ravitz, a spokeswoman for Boxer, said the senator wants to hold hearings on perchlorate. She said Boxer, the ranking Democrat on the Senate Environment Committee, could have the power to call for hearings if Democrats win control of the Senate in next month's election. EPA officials were unavailable Wednesday or Thursday to discuss the CDC study or the senators' demands. The agency's media office, however, issued a statement saying that the EPA will respond "in detail" to Boxer and Feinstein. "EPA is interested in the CDC's findings, although the CDC scientists recommend their study be confirmed with additional research," the statement said. "EPA will review and analyze these news studies in conjunction with the body of available research that contributes to our understanding of perchlorate toxicity and exposure." Perchlorate contamination is often found at military and defense-contractor facilities. Shannon Cunniff, the Defense Department's special assistant for emerging environmental contaminants, said the department will not change its perchlorate cleanup policy without direction from the EPA. The CDC study is just one of many studies, Cunniff said during a brief interview at Thursday's water conference. Rialto Plume A few miles from the Ontario conference, community activists in Rialto cited the study in pressing for faster action to rid the city's water of perchlorate. For several years, the Santa Ana Regional Water Quality Control Board has investigated a 160-acre site in northern Rialto contaminated by perchlorate. The water board has named several manufacturers it says is responsible for the plume. Residents and representatives of the Center for Community Action and Environmental Justice said they are concerned that state water-quality officials may appoint an independent hearing officer to oversee a cleanup on a 160-acre site in northern Rialto, which they fear could slow the work. About a dozen group members stood in a loose semicircle on the lawn. Some held signs saying, "Clean Water Now." They were flanked by posters of contaminated areas in Rialto and Colton, drawings of the thyroid gland and pictures of Rialto children. Marene Deischer, a Rialto resident since 1977, said two of her children suffer from problems that she believes could be linked to perchlorate. She said one of her sons has speech and hearing problems and attention-deficit hyperactivity disorder, among other problems. "Now we're trying to link it and see if it is the cause," she said. The CDC study shows "what we've feared for a long time now," said Jan Misquez, a member of the group. "There should be no rocket fuel in our drinking water." Staff writer Adam Hartmann contributed to this report. More headlines... Press-Enterprise ***************************************************************** 62 AP Wire: EPA to clean radioactive soil in Ottawa 10/13/2006 | Associated Press OTTAWA, Ill. - Crews from the U.S. Environmental Protection Agency will return to Ottawa next month to continue cleaning radioactive contamination. The EPA cleared away contaminated soil from 1994 to 1997 in 14 of 20 sites in this city located about 70 miles west of Chicago. The contamination was caused by the buried remains of glow-in-the-dark watch parts made from 1918 to 1978. The watches were made with paint containing radium. Most of the radiation sites are located on vacant land and buried in the ground, so the EPA has not considered them an urgent health risk. The EPA Superfund tried to work on the sites in 2002, but a lack of funds stalled the cleanup, according to EPA Project Manager Denise Boone. In the fall, the project received $2 million in federal money. The funds will be used to clean up four of six remaining sites, including one near Marquette High School football field, an Illinois Power building, and near residences. Weston Solutions, a Chicago-based environment and redevelopment firm, will haul the contaminated soil to a radioactive waste facility, Boone said. Once the sites have been cleaned, workers will backfill the areas with fresh soil and seed them. ***************************************************************** 63 DenverPost.com: Judicial legacy includes Rocky Flats, Neil Bush By Claire Martin Denver Post Staff Writer Article Last Updated:10/12/2006 11:06:02 PM MDT Retired federal District Judge Sherman Finesilver, who died Thursday at age 79, remained circumspect in a career characterized by highly public cases where defendants ranged from a former president's son to characters bickering over the world's largest pearl. "Do not confuse notoriety and fame with greatness," he once told a friend. Born and schooled in Colorado, Finesilver began his judicial career as a Denver municipal judge in 1955. President Nixon nominated him to the federal bench in 1971. Finesilver became chief judge in 1982. In perhaps his most celebrated - and certainly most widely documented - case, he presided over the special grand jury investigating environmental violations at the Rocky Flats nuclear weapons plant near Boulder. The grand jury wanted to indict U.S. Department of Energy and Rockwell International Corp. officials, but prosecutors declined. When the case was settled with a plea bargain and an $85 million fine against Rockwell, some of the jurors united as a runaway jury. They immediately wrote a report describing the defendants' "ongoing criminal enterprise." Finesilver put the jurors under a gag order and sealed the report, eventually releasing what he termed a "heavily edited" version, further fueling a litigious fire that still burns. That case dominated a 39-year judicial career full of high-profile cases. Finesilver handled the dispute that resulted in a $49.5 million settlement in the government's case against Neil Bush and other directors of the failed Silverado Banking, Savings &Loan. "He was known far and wide for his ability to achieve settlements in the most contentious of cases," said federal District Judge Rich ard P. Matsch. "I don't know how he did it, but he had an unusual ability to get people to see common ground." In another case, Finesilver ordered psychiatric treatment along with a prison sentence and fine for an Arvada legal secretary caught carrying a loaded pistol as she stalked former President Bush. He also resolved a lengthy federal court battle over the ownership of the 14-pound "Pearl of Allah," a gem reputedly grown under order from philosopher Lao-Tzu and connected to a record-setting penalty in a wrongful-death lawsuit. "It was like 'Guys and Dolls' in his courtroom, with a lot of people dressed like hoodlums," said his wife, Annette Finesilver. Finesilver retired from the bench in 1994, saying he wanted to spend more time with his family and refine his fly-fishing technique. He particularly enjoyed the Blue River area, where a property-owning friend named a pond "Lake Sherman" in his honor. Though his health faltered in later years, Finesilver enjoyed accompanying son Steven Finesilver, who coaches George Washington High School's football team. The players affectionately nicknamed the judge "Big Coach." Services will be at 1:30 p.m. Sunday at Congregation Emanuel, 51 Grape St. Besides his wife and son Steven, survivors include daughter Susan Finesilver of Boulder; son Jay Finesilver of Denver; and 11 grandchildren. Staff writer Claire Martin can be reached at 303-954-1477 or cmartin@denverpost.comReturn to Top All contents Copyright 2006 The Denver Post or other copyright ***************************************************************** 64 IHT: Report: Guns can't fit through nuclear weapons plant barriers - International Herald Tribune Associated Press : October 13, 2006 KNOXVILLE, Tennessee The government discovered after completing 90 concrete barriers around the high-security Y-12 nuclear weapons plant in Oak Ridge that special holes in the walls for guards to shoot through were too small for their guns. The weapons ports were found to be about 2 inches (5 centimeters) too small and unable to "adequately accommodate the sight system on the protective force weapons," the Energy Department's inspector general said in a report Friday. As a result, "the ability of security police officers to maneuver their weapons when firing" was severely limited, Inspector General Gregory Friedman wrote. Y-12, located about 20 miles (32 kilometers) west of Knoxville, makes parts for every nuclear warhead in the U.S. arsenal and is the nation's primary storehouse for weapons-grade uranium. The problem was later corrected — at a cost of $300 (¬239) per hole, or about $27,000 (¬21,514). But the National Nuclear Security Administration refused to bill the guard contractor, Wackenhut Services Inc., that provided the incorrect port dimensions. Instead, NNSA charged it to "contingency funds," NNSA Associate Administrator Michael Kane wrote. NNSA, which oversees nuclear weapons programs for DOE, also refused to take back a $525,000 (¬418,326 performance bonus to Y-12's managing contractor, BWX Technologies, which completed the project in December 2005, some seven months past deadline. "In our view, management's disagreement with the recommendations to recoup moneys from the contractor ignores the factual record and places the burden on the taxpayers to pay for the contractors' failure to provide due diligence in the design of the barriers and the timely completion of the West Fort project," Friedman wrote. Friedman said the probe began after his office received "an allegation that weapon port openings in newly constructed security barriers at Y-12 were designed without space required to accommodate the sight system of protective force weapons." The problem was discovered when the barriers were put to the test during a "protective force exercise" or mock assault on the Y-12 complex, the report said. Wackenhut has been cited for cheating on these exercises in the past for getting advance briefings on what would occur. The barriers were installed to meet security requirements ordered in 2003 under the DOE's "design basis threat" risk analysis for Y-12 to withstand a terrorist assault. Although Wackenhut provided incorrect dimensions for the weapons ports, NNSA's Kane said that "at the time of the original design, the size of the weapons ports was correct." A later upgrade in weapons led to the ports being too small, he said. However, the inspector general said it found that Wackenhut first ordered the upgraded weapon sights in December 2003, almost a year before Wackenhut provided the outdated specifications to BWXT. "We concluded, based on the timing of the available information, that Wackenhut had the opportunity to provide the correct sizing specifications to BWXT prior to construction, but that it failed to do," Friedman wrote. Still, NNSA's Kane said there was "no basis for the contractor to reimburse the government since the government benefited from the changes made" once the weapons ports were widened. ___ Y-12 Plant: http://www.y12.doe.gov DOE Inspector General: http://www.ig.energy.gov Herald Tribune All rights reserved [IHT] ***************************************************************** NOTE: In accordance with Title 17 U.S.C. section 107 this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: *****************************************************************