***************************************************************** 07/11/01 **** RADIATION BULLETIN(RADBULL) **** VOL 9.170 ***************************************************************** RADBULL IS PRODUCED BY THE ABALONE ALLIANCE CLEARINGHOUSE ***************************************************************** NUCLEAR POWER CONTENTS 1 Shippers of waste face toll for use of roads 2 Chemicals no threat to river, state says 3 Heat is on to check N. Korea's nuclear program 4 International nuclear waste information exchange planned 5 Bill calls for national energy resource inventory 6 Board reaffirms opposition to radioactive-waste route 7 CAP Urges Ban on Passage of Nuclear Waste Shipment Through Panama Canal 8 NRC Sets Public Meetings on New Reactor Licenses 9 DPP lawmakers reject plant vote 10 Nuclear Dump Ruling Headed To Supreme Court 11 ADAMS: Items of Interest - Tuesday, July 10, 2001 12 ADAMS: Items of Interest - Wednesday, July 11, 2001 13 U.S. Signs Bilateral R Agreement with France 14 Eugene Cronkite, Dies at 86; Found Cancer's Links to Radiation 15 Relief at the return of Energy NW's plant 16 Appeals Court Rules on Nuclear Waste, Anti-Fornication, Grand NUCLEAR WEAPONS CONTENTS 1 Norwegian agency urges Russia to postpone Kursk 2 Support Grows For Nuke-Free Pacific, Says Robson 3 IEER: Report on First LANL Clean Air Act Audit 4 Rocky Flats highway idea draws fire 5 IEER: Report on Second LANL Clean Air Act Audit 6 Bill on weapons-grade plutonium ready for ratification 7 Feds may be doling out disappointment 8 Workers may not know about aid 9 Your Views: Comments on sick-worker bill 10 Senate OKs $6.5B Spending Measure 11 Senate Passes 2001 Spending Bill 12 Court Starts Retrial of Russian ***************************************************************** ***************************************************************** NUCLEAR POWER ARTICLES ***************************************************************** 1 Shippers of waste face toll for use of roads [DesMoinesRegister.com] A fee for transporting nuclear waste across the state will pay for cleanup-crew training. By LYNN OKAMOTO Register Staff Writer 07/11/2001 Copyright 2001, Des Moines Register and Tribune Company Iowa is poised to become one of the first states in the nation to charge a fee for transporting nuclear waste across the state, a move that would raise money so emergency crews could be trained for accidents involving radioactive materials. "We are setting a precedent nationally on this kind of a fee," said Don Flater, chief of the state Bureau of Radiological Health. "The sole purpose of these fees is to make sure that the first responders to an accident are prepared to respond." More than 2,500 shipments of spent nuclear fuel have been shipped across the country over the past 40 years. That number is expected to grow with the expected approval this fall of the Yucca Mountain nuclear waste repository in Nevada, and a push by the private sector to build a temporary nuclear waste storage facility in Utah. Anti-nuclear groups say the new repositories will cause thousands of radioactive shipments to come through Iowa from states to the east. A rule by the Iowa Department of Public Health would charge fees ranging from $250 to $1,750 to ship nuclear waste across the state, depending on the type of material and whether it's taken by highway or railway. It would include both high-level waste such as spent fuel rods from nuclear power plants and low-level waste such as contaminated soil. Flater said the fees would generate about $1 million a year to pay for preparing Iowa's 9,000 to 11,000 police, firemen and emergency medical crews for a potential derailment or accident involving radioactive waste. "We can't wait until Yucca Mountain is in place until we get all these people trained," he said. Bruce Lacy, manager of nuclear business for Alliant Energy, which owns and operates Iowa's only nuclear power plant, in Palo, called the fees "very responsible" and "very modest." He said his company supports paying them. "I think it's a smart move by the state of Iowa," he said. "We see it as good corporate responsibility. We support the concept of, "People who cause burdens should pay for it." " State Rep. Janet Metcalf, an Urbandale Republican, called it "a tremendously ambitious training program" and questioned why the federal government isn't more involved in the process. "It seems unfair for Iowa to be carrying that burden," Metcalf said. "It seems to be more of a federal problem than a state problem." Kevin Kamps, spokesman for the Nuclear Information and Resource Service, a watchdog group in Washington, D.C., said the fee is "a responsible act by the state of Iowa," but he said it doesn't go far enough. "I'm not sure that it's a high enough fee because of the potential consequences involved in a radiological accident," Kamps said. He said studies have shown that radioactive releases can cost billions of dollars in cleanup costs and health consequences, such as cancer and death. Iowa's fees were adopted by the state Board of Health in March and originally were scheduled to take effect May 9. That was postponed after the trucking and railroad industries raised questions. "Most of these fees are tilted toward low-level waste like contaminated dirt," said Mark Davis, spokesman for Union Pacific Railroad. "We don't feel that is right. We're opposed to that." Davis said Union Pacific already provides training to local emergency crews. Jim Mason, hazardous materials coordinator for the Des Moines Fire Department, agreed that his 45-member crew has received some radiological training, but said more is needed. "Any additional training is always welcome," Mason said. "Training dollars are limited." Flater said he's been trying to assure truckers and railroaders that they won't be responsible for paying the new fees. He said the fees are levied against the shipper, or the individual who owns the waste. The Administrative Rules Review Committee, a panel of state lawmakers that reviews rules established by state agencies, voted Tuesday to have the fees take effect next spring, the end of the legislative session, unless a compromise between the parties involved is reached sooner. "If they can work something out that's agreeable, we would probably just lift the delay and let it go," said state Sen. Sheldon Rittmer, a DeWitt Republican. "We might not have a problem then if they can come to some agreement." pyright © 2001, The Des Moines Register. Use of this site ***************************************************************** 2 Chemicals no threat to river, state says Pittsburgh Post-Gazette Wednesday, July 11, 2001 By Don Hopey, Post-Gazette Staff Writer Chemical contamination from the former Babcock &Wilcox plutonium processing plant in Armstrong County has found its way into the Kiskiminetas River but is no danger to five public water intakes downstream, according to the state Department of Environmental Protection. The DEP announced yesterday that in response to nearby residents' concerns, it will continue to take water and sediment samples from 12 locations upriver, adjacent to and downriver from the Babcock &Wilcox site in Parks where trichloroethylene or TCE, a once commonly used industrial solvent, has been found in the groundwater. "We think the TCE is in the river, but we haven't picked it up at any significant level in our previous sampling over the past couple of years," said Betsy Mallison, a DEP spokeswoman. "Right now it's diluted enough that it's not causing a problem and none of the water suppliers are finding it in the sampling they do." The Buffalo Township Water Authority, the Harrison Township Water Authority, the New Kensington Municipal Authority and the Tarentum and Brackenridge Water Plant operate the closest water supply intakes, downriver from Freeport, where the Kiskiminetas enters the Allegheny River. Mallison said the DEP's initial sampling at the 12 sites on the Kiskiminetas was done in June. Test results will not be known for at least 30 days. The DEP is also conducting a survey of aquatic life in the river to determine its overall biological health, along with radioactive testing. "We have not found anything in the radioactive tests that raised any concerns," Mallison said. Babcock &Wilcox originally found TCE in the groundwater under the facility in Parks, 35 miles northeast of Pittsburgh, 10 years ago and monitoring wells have since detected its slow movement toward the river. TCE, a clear, sweet-smelling liquid, was used in the processing of radioactive materials and in metal fabrication to clean parts. Its use declined during the 1980s when other, more environmentally friendly cleaning agents were introduced. It is not classified as a human carcinogen. Charles Duritsa, DEP regional director, said the testing along the river will determine if the contamination has spread and if any further cleanup is necessary. BWX Technologies Inc., formerly Babcock &Wilcox, has been conducting a radiological cleanup of the Parks site since 1995, removing irradiated equipment, demolishing buildings and digging up soil and underground utility lines. It expects to complete that phase of the cleanup by the end of this year. "Once we're done with that, we'll move on to clean up the rest of the site," said Richard Bartosik, BWX project manager. "We're being thorough. This is a site that people have had concern about for years." Final cleanup, which will include removal of soil from at least two more areas of the plant, is scheduled to end in 2003. ***************************************************************** 3 Heat is on to check N. Korea's nuclear program 07/10/2001 - Updated 07:08 PM ET By Barbara Slavin, USA TODAY WASHINGTON — Before North Korea agreed to freeze its nuclear program in 1994, the reclusive dictatorship declared that it had less than 4 ounces of plutonium, a fraction of the 9 to 13 pounds it takes to build a nuclear bomb. Experts scoffed at the claim, but the Clinton administration agreed to put off the day when North Korea would have to come clean. That day of reckoning is approaching. North Korea faces growing pressure to let foreign inspectors verify its nuclear past. But the North is balking, and that could complicate efforts by President Bush to revive a dialogue. A North Korean government newspaper, Rodong Sinmun, said this week that the country "has no intention to respond to the U.S. proposal for the resumption of dialogue while allowing its sovereignty to be infringed upon." It was referring to Bush's offer on June 6 to talk, but with an emphasis on the need to verify agreements. U.S. officials say they have not received a formal response. The North's failure to open its facilities for complete inspection by the International Atomic Energy Agency (IAEA) in 1993 led to a crisis that brought the United States and North Korea to the brink of war. The 1994 agreement ended the crisis and prevented the North from amassing plutonium for dozens of nuclear weapons. But U.S. officials estimate that the North had already become a fledgling nuclear weapons state, in violation of the Nuclear Non-Proliferation Treaty it signed in 1985. "The North probably has one or two nuclear bombs," CIA Deputy Director John McLaughlin said in a speech at Texas A University in April. The analysis is based on possible production at the North's declared nuclear site at Yongbyon. David Albright, president of the Institute for Science and International Security, says tests run by the IAEA in 1993 suggested that the North had separated more plutonium from spent reactor fuel than it admitted and may have also removed evidence of plutonium metal used in nuclear weapons. Others speculate that North Korea could have obtained additional bomb material from Pakistan or through other methods. Joseph Bermudez, a military intelligence expert who writes for Jane's defense publications, sketched a worst-case scenario in a new book, Planning for a Peaceful Korea. He posited that the North had stockpiled enough material for up to 12 nuclear weapons and aimed to build 30 bombs by 2015. "The half-witted, insipid Americans were euphoric and boasting to the world of their victory over us," Bermudez, pretending to be a North Korean official, wrote about the 1994 agreement. "The reality is, however, quite different." Bermudez speculated that the North had mastered a technique, electro-magnetic isotope separation, for uranium enrichment. "We know that the North Koreans pursue redundancy and that nuclear weapons have a high priority," Bermudez says in an interview. "It's not that I firmly believe what I wrote. I was just trying to think outside the box." Until the North allows inspections, everybody has to guess what it might be hiding. Adding to the mystery, North Korea at times has sought to encourage overestimation of its nuclear prowess to increase its leverage over nervous neighbors and the United States. In 1999, U.S. satellite photos raised concern about a cavern in a mountain at Kumchangri, about 25 miles northwest of Yongbyon. The North allowed U.S. inspection of that one site in return for food, but the site was empty. Nevertheless, ambiguity about the North's nuclear program must be resolved to permit construction of two civilian nuclear reactors by a U.S.-led consortium, the Korean Peninsula Economic Development Organization (KEDO). The project, a key part of the 1994 agreement, is several years behind its target finish of 2003. Charles Kartman, a former State Department expert on Korea who now heads KEDO, says contractors have prepared the site by literally moving a mountain and putting in roads and other infrastructure. In a few months, he says, they will be ready to begin excavation and next year, to pour concrete. "The sequence is that at some point prior to delivering key components, North Korea will have to have satisfied the IAEA," he says. Mohamed el Baradei, IAEA director general, says it could take three to four years to uncover the North's nuclear history by testing soil samples and examining reactor logs and other documents. He adds that the North Koreans are first demanding a delivery schedule for completion of the $4.6 billion reactor project. U.S. officials say a draft schedule might not be approved until fall. The question mark over the North's nuclear record would probably have caused problems even if Democrat Al Gore had been declared the victor in the U.S. presidential elections. But Bush's outspoken disdain for North Korea — in contrast to President Clinton's more conciliatory approach — is not making new contacts easier. Secretary of State Colin Powell and North Korean Foreign Minister Paek Nam Sun are both due to attend an Asian security forum in Vietnam on July 24, but no formal meeting is planned. "Warming relations is only possible through senior level contacts like what the Clinton administration tried to do," says Joel Wit, a former U.S. official who helped implement the 1994 freeze. "Otherwise, these technical issues will just bog everything down." [www.ditech.com] ***************************************************************** 4 International nuclear waste information exchange planned July 11, 2001 By Mary Manning <> LAS VEGAS SUN Researchers in the United States and around the world have agreed to participate in an information exchange that could one day change the way countries manage high-level nuclear waste. A U.S. Department of Energy scientist at Lawrence Livermore National Laboratory has approached Eastern European, Eastern Asian and U.S. experts to examine everything from studying Yucca Mountain to transforming radioactive wastes into something less harmful to storing and managing the wastes. Every possible solution is on the research table, Cheng-Kong Chou, associate director of energy and environment at Livermore, said Tuesday. Japan, South Korea, China and Taiwan reached a preliminary agreement last week with the national laboratory to exchange information about nuclear waste management, Chou said. One of the best aspects of Livermore's plan to share information is funding, Chou said, noting that instead of seeking U.S. funds, other nations are willing to share in the costs. U.S. government scientists are studying the only current solution -- disposal of 77,000 tons of commercial spent fuel and military wastes -- at Yucca Mountain, 90 miles northwest of Las Vegas. Since there has been so much work done studying Yucca Mountain, it is logical to tap into DOE's expertise vested with the scientists working there, Chou said. However, other nations are looking at various rock formations, very unlike Yucca Mountain's volcanic ash layers, Chou said. Japan, for example, is studying granite sites. Granite was once considered in the late 1970s and 1980s in the United States, Chou noted, because it is extremely stable. A granite formation under New Hampshire and Maine has been undisturbed for 600 million years. A central bank of nuclear waste information could be started at the University of California, Chou said, but other universities also could be invited to participate, including UNLV. "Eventually, if this is going someday, we hope that UNLV will join us in research," Chou said. Although there has been no formal discussions with university officials, Donald Baepler, founder of UNLV's Harry Reid Environmental Research Center, said he had heard of the project. "This is very preliminary," Baepler said. "In my experience, these projects take forever and often get talked to death." But if the international nuclear waste brain trust gels, Baepler said the university would be interested in participating. The Harry Reid Center has already received $3 million this year for studying advanced technology that would render highly radioactive wastes less dangerous. The DOE and scientists around the world are participating in the advanced accelerator project. All contents copyright 2001 Las Vegas SUN, Inc. ***************************************************************** 5 Bill calls for national energy resource inventory STAFF AND WIRE REPORTS Wednesday July 11th, 2001 WASHINGTON — As part of a national inventory of energy resources on publicly held land, Nevada’s geothermal, solar and wind power sources would be studied by the Interior Department, under a bill proposed Tuesday by House Republicans. The primary focus of the measure -- to be debated today by the House Resources Committee -- would focus on surveying oil, gas, and coal deposits available on all national wildlife refuges, national forests and marine reserves. Republicans say the goal of the bill is to smooth the way toward greater mining of coal and drilling of oil and natural gas. Democrats immediately criticized the bill, called the “Energy Security Act.” “Republicans are proposing what amounts to the oil industry’s wish list,” said Rep. Nick J. Rahall, D-W.V., the ranking Democrat on the committee. But GOP leaders also said the measure includes provisions for increasing production of energy from geothermal, solar and wind power, renewable forms of energy that are credited as low-cost, nonpolluting alternatives. The bill does not include a review of updating nuclear power plants and possible storage of nuclear waste, which paved the way for support from Rep. Jim Gibbons, R-Reno, according to Richard Uithoven, legislative director for the congressman. “We were happy (nuclear power provisions) were not included in this measure,” Uithoven said. “(The bill) will help us determine how to access our domestic resources on public land in ways that balances environmental considerations.” The bill also would waive royalties the government is paid by private companies for geothermal exploration and some offshore drilling leases. Democrats estimate waiving offshore royalties would cost the federal government $7.4 billion. Interior Secretary Gale Norton is expected to testify today before the House Resources Committee in support of the measure. Stephanie Hanna, spokeswoman for the Interior Department, said Norton would not comment prior to a news conference set for the morning. Democrats on the committee are working on an alternative to the Energy Security Act that Rahall said would be better balanced between meeting energy needs and protecting the environment. “It must take into account that there are social and environmental costs to be energy development that must also be addressed,” Rahall said. The legislation would inventory mineral resources, such as coal and natural gas, on publicly held lands. It would not allow mining or drilling in wilderness areas or national parks, but would open all other public lands for exploration, including national conservation areas, national forests and rivers that are designated as “wild and scenic.” Rep. Denny Rehberg, R-Mont., a member of the Resources committee, said it was wise to survey public lands for mineral resources, even if those resources are never tapped. “We’ve got to know what we’ve got, even if we’re not going to develop it,” Rehberg said. “Everyone talks about the trade deficit we’re creating in this country, but a far more serious threat to America’s future is the energy debt.” The bill also would waive royalties that the United States collects from private companies that lease certain offshore oil fields owned by the government. For example, an oil company that drills from a water depth of 200 to 400 meters would not have to pay royalties on the first 17.5 million barrels of oil. In 1995, Congress authorized a similar bill, the Deep Water Royalty Relief Act. That time, the proponents of lifting royalties on drilling argued that it was necessary to counter low oil prices. © Reno Gazette-Journal ***************************************************************** 6 Board reaffirms opposition to radioactive-waste route Inland Empire Online - News Thursday, July 12, 2001 RESOLUTION: Supervisors say they do not want nuclear materials transported on county rails and roads. BY SHARON McNARY THE PRESS-ENTERPRISE SAN BERNARDINO The Board of Supervisors on Tuesday re-asserted the county's opposition to the federal government shipping radioactive waste on San Bernardino County rails and roads. Since 1999, the board has opposed radioactive waste being hauled through the county to two proposed storage areas in Nevada and a third in New Mexico. Tuesday's resolution, which was requested by Supervisor Jon Mikels, unifies the county's opposition to San Bernardino County routes to all three projects under a general statement opposing trans-county hauling of radioactive waste. The federal Department of Energy has designated San Bernardino County transportation corridors as optional routes to ship low- and high-level radioactive waste, county Fire Marshal Peter Brierty said. Waste may be hauled through San Bernardino County on its way to three areas: the Nevada Test Site near Mercury, Nev., about 100 miles northwest of Las Vegas; the Yucca Mountain repository for high-level radioactive waste near the Nevada Test Site; and the Waste Isolation Pilot Project near Roswell, N.M. In 1998, the Department of Energy proposed two alternate routes to the storage sites as a way of avoiding Las Vegas and Hoover Dam. One route is within Nevada; the other is in San Bernardino and Inyo counties. Department of Energy spokeswoman Gayle Fisher said the shipping routes for the Yucca Mountain Project will not be decided until 2005 or 2006 and that the decision will be made with input from California state officials. A proposed San Bernardino County route includes Interstate 15 through Victorville to Baker. A northern branch extends on state Route 127 to the Nevada border, and an eastern branch runs on Interstate 40 to Needles and the border. Sharon McNary can be reached by email at or at (909) 890-4453. Published 7/11/2001 ***************************************************************** 7 CAP Urges Ban on Passage of Nuclear Waste Shipment Through Panama Canal July 11, 2001, updated at 11:09(GMT+8) The Central American Parliament (CAP) on Tuesday called for a ban on the passage of ships loaded with radioactive flotsam through the Panama Canal and Caribbean waters. According to a statement released by the organization in Guatemala City, a ship loaded with six containers of nuclear waste coming from Japan will soon pass through the Panama Canal. The waste from a Japanese nuclear power plant poses grave radiation dangers to the local population, it said. The statement condemned the practice of passing through the Central American region by ships loaded with nuclear waste, and demanded Japan close its nuclear power plants. The statement also unveiled the fact that during the past 20 years, some Japanese companies have "secretly" shipped large amounts of toxic flotsam through the Panama Canal. The CAP, which was founded in October 1991, is composed of Salvador, Guatemala, Honduras, Nicaragua, Panama and Dominica. The Central American Parliament (CAP) on Tuesday called for a ban on the passage of ships loaded with radioactive flotsam through the Panama Canal and Caribbean waters. Copyright by People's Daily Online, all rights reserved | ***************************************************************** 8 NRC Sets Public Meetings on New Reactor Licenses + LCG, July 10, 2001—The Nuclear Regulatory Commission said yesterday that it would hold a two- day open meeting later this month to provide information about possible license applications for new commercial nuclear power plants. + The "workshop" will be held at the agency's Rockville, Md. headquarters on July 25 and 26. + The purpose of the workshop is to inform the public of current and proposed activities by the NRC staff to prepare for possible future license applications, discuss opportunities available for public participation during these licensing activities, and obtain views from the public on identified licensing issues, the agency said in a statement. + The NRC said it would discuss certification of nuclear power plant designs; the combined license application process which authorizes construction of a nuclear plant and specifies inspections, tests and analyses that a licensee must perform before it can operate; construction inspection; reactivation of construction permits for unfinished nuclear power plants; pre-application reviews which encourage early interaction between applicants and vendors and the NRC; agency rulemaking activities; and NRC activities, organizational development and staffing. EnergyOnline Forums Copyright © 2001 LCG Consulting. All rights reserved. ***************************************************************** 9 DPP lawmakers reject plant vote The Taipei Times Online: 2001-07-11 Wednesday, July 11th, 2001 By Stephanie Low STAFF REPORTER More than 60 percent of DPP lawmakers oppose holding a non-binding referendum on the Fourth Nuclear Power Plant along with the year-end legislative elections, according to a survey released by the party's legislative caucus yesterday. The party's 66 lawmakers were given the survey, though eight did not respond and two could not be reached because they were overseas. Among the respondents, 38 were against holding the non-binding referendum, while 18 supported the idea. Lin Feng-hsi (ªLÂ׳ß), convener of the DPP caucus, said many lawmakers opposed the referendum because of practical problems related to holding one. A law allowing for referendums has yet to be passed in the legislature. In addition, there is no guarantee that funds will be available to conduct a referendum. Another problem is convincing local governments to put the issue on ballots, Lin said. "If some localities refuse to hold the ballot, the credibility of the referendum will be affected," Lin said. Lin also said that holding a referendum on the nuclear plant would inevitably trigger another round of political turmoil, which could further exacerbate the sluggish economy. Also, raising the sensitive issue again could spoil the peaceful atmosphere created to allow for the meeting of the cross-party economic advisory later this month, Lin added. Meanwhile, some lawmakers proposed in the survey that instead of holding the non-binding referendum, the Cabinet should promote education on nuclear disasters, which they said was a more effective way to continue the DPP's anti-nuclear campaign. The results of the survey were to be sent to the Cabinet for its reference, before it completes an evaluation on whether to hold the non-binding referendum. The survey was proposed by the Mainstream Alliance, the largest DPP subgroup in legislature that consists of lawmakers from four DPP factions. This story has been viewed 171 times. URL=[http://www.taipeitimes.com/news/2001/07/11/story/0000093640] Copyright © 1999-2001 The Taipei Times. All rights reserved. ***************************************************************** 10 Nuclear Dump Ruling Headed To Supreme Court ChannelOklahoma - Oklahoma Part Of Five-State Compact LINCOLN, Neb., 3:56 p.m. CDT July 10, 2001 -- Nebraska will ask the U.S. Supreme Court to review a lower court ruling that said the state can be sued for allegedly trying to block construction of a regional radioactive waste dump within its borders. Brad Reynolds, a Washington, D.C. attorney representing Nebraska in the long legal feud with four other states, said he will ask the high court on Monday to review the March decision by the 8th U.S. Circuit Court of Appeals. "We think that ruling is in conflict with other rulings by the U.S. Supreme Court and other courts of appeals," Reynolds said Tuesday. The battle over the waste site had its genesis in 1970, when Nevada, South Carolina and Washington said they were tired of accepting radioactive waste from the rest of the country. Congress told the rest of the states in 1980 to build their own waste sites or join regional groups to dispose of the waste. Nebraska joined Kansas, Arkansas, Oklahoma and Louisiana in 1983 to form the Central Interstate Low-Level Radioactive Waste Compact, and the other states voted in 1987 to put the waste site in Nebraska. The fight began soon after, with both sides wrestling in court on several issues. Five utilities that generate low-level radioactive waste filed the lawsuit against Nebraska in 1998 for denying a permit to build the storage facility in Boyd County, near the South Dakota border. Nebraska health and environmental regulators raised concerns about possible pollution and a high water table near the proposed site. But the lawsuit contends Nebraska did not act in good faith during the licensing process and allowed "political interference with the licensing review, thereby tainting it illegally." The other member states of the compact joined the lawsuit later. Nebraska argues that it is protected from such lawsuits under the U.S. Constitution's 11th Amendment, which gives states sovereign immunity from most lawsuits seeking monetary damages. But the 8th Circuit panel upheld an earlier ruling by U.S. District Judge Richard Kopf, who said Nebraska gave up its claim to sovereign immunity when it joined the compact. The appeals court said Nebraska had protection from the utilities, but not the other states under a sovereign immunity claim. "The 8th Circuit assumed a waver of sovereign immunity by virtue of the state entering into the compact," Reynolds said. "That runs against everything that the courts have said about there needing to be an explicit, unequivocal, precise waiver. "You cannot just simply assume by reason of the state's activities ... that there is an implicit waiver," Reynolds said. "You can't imply or infer that." Shawn Renner, one of the attorneys for the compact, declined comment. The compact wants to build a bunker to hold such things as contaminated tools and clothing from nuclear power plants, hospitals and research centers in the five compact states. Waste generators that sued Nebraska were the Omaha Public Power District; Entergy Arkansas, Entergy Gulf States, Entergy Louisiana; and Wolf Creek Nuclear Operation Corp. of Delaware. Copyright 2001 by The Associated Press. All rights reserved. This ***************************************************************** 11 ADAMS: Items of Interest - Tuesday, July 10, 2001 State of Nevada Agency for Nuclear Projects ADAMS - Items of Interest Recent Released Documents Added - Tuesday, July 10, 2001 These documents and others may be retrieved at the NRC PERR web site ------------------------------------------------------------------------------- Item ID: 011900101 Accession Number: ML011840078 Date Added: 7/9/01 10:26:02 AM Title: 02/07-02/09/2001 Proposed official visit to Mexico by US Nuclear Regulatory Commissioner Jeffrey Merrifield. Author Affiliation: NRC/OCM/JSM Document/Report Number: _________________________________________________________________ Item ID: 011900011 Accession Number: ML011790303 Date Added: 7/9/01 10:11:02 AM Title: 05/14/2001 and 05/15/2001 E-mails from D. Fogle and M. Kelso, Texas, Regarding MARSSIM Course - Tuition vs Space Available Author Affiliation: State of TX Document/Report Number: _________________________________________________________________ Item ID: 011900073 Accession Number: ML011720475 Date Added: 7/9/01 10:21:08 AM Title: 06/11/2001, D. C. Cook, Units 1 and 2, Summary of Public Meeting with Indiana Michigan Company RE Containment Structural Issues Author Affiliation: NRC/NRR/DLPM/LPD3 Document/Report Number: _________________________________________________________________ Item ID: 011900012 Accession Number: ML011830409 Date Added: 7/9/01 10:11:05 AM Title: 06/28/2001, Draft Minutes: Region I MRB Meeting. Author Affiliation: NRC/STP Document/Report Number: _________________________________________________________________ Item ID: 011900263 Accession Number: ML011900313 Date Added: 7/9/01 5:14:51 PM Title: 07/18/01 Mtg Notice, Gesellschaft fur Nuklear-Behalter mbH, to make presentation on program and schedule to complete license application for CASTOR X/32 spent fuel storage cask design in full compliance w/ NRC requirements. Agenda attached. Author Affiliation: NRC/NMSS/SFPO Document/Report Number: _________________________________________________________________ Item ID: 011900265 Accession Number: ML011900396 Date Added: 7/9/01 5:15:31 PM Title: 07/19/01 - Mtg w/ Westinghouse Electric Company LLC, re discuss the design of the Model No. Traveller fresh fuel transport package and other transportation package issues. Author Affiliation: NRC/NMSS/SFPO Document/Report Number: _________________________________________________________________ Item ID: 011910189 Accession Number: ML011870588 Date Added: 7/10/01 11:41:06 AM Title: 07/20/01 - Meeting Notice: Transnuclear West to discuss an amendment to store high burnup fuel in the Standarized NUHOMS(R) System. Author Affiliation: NRC/NMSS/SFPO Document/Report Number: _________________________________________________________________ Item ID: 011900114 Accession Number: ML011840115 Date Added: 7/9/01 10:27:05 AM Title: 2001 BWXT Public Meeting Summary (Performance Review) Enclosure 2, Handout. Author Affiliation: NRC Document/Report Number: _________________________________________________________________ Item ID: 011900078 Accession Number: ML011790183 Date Added: 7/9/01 10:22:34 AM Title: 5/15/01 - Meeting Summary of Meeting on ESP Efforts Author Affiliation: NRC/NRR/DRIP/FLO Document/Report Number: _________________________________________________________________ Item ID: 011900135 Accession Number: ML011870592 Date Added: 7/9/01 10:44:22 AM Title: 7/19/2001 Meeting with Nuclear Regulatory Commission and Nuclear Fuel Services to Discuss NFS Planned Submittal for Safety Condition S-47 Author Affiliation: NRC/NMSS/FCSS/FCLB Document/Report Number: _________________________________________________________________ Item ID: 011900022 Accession Number: ML011840029 Date Added: 7/9/01 10:12:04 AM Title: ACRS Workshop on Regulatory Challenges for Future Power Plants. Author Affiliation: Nuclear Energy Institute (NEI) Document/Report Number: ACRST-3157 _________________________________________________________________ Item ID: 011900023 Accession Number: ML011840025 Date Added: 7/9/01 10:12:31 AM Title: Advisory Committee on Reactor Safeguards Subcommittee on Advanced Reactors, June 5,2001, pages 341-705. Author Affiliation: NRC/ACRS Document/Report Number: ACRST-3157 _________________________________________________________________ Item ID: 011900024 Accession Number: ML011840034 Date Added: 7/9/01 10:13:05 AM Title: Advisory Committee Transcript Meeting Afternoon Session. Author Affiliation: NRC/ACRS Document/Report Number: ACRST-3157 _________________________________________________________________ Item ID: 011900267 Accession Number: ML011840406 Date Added: 7/9/01 5:15:44 PM Title: Public Meeting Notice for 8/2-3/01, Part 40 Jurisdictional Working Group - in TWFN Auditorium. Author Affiliation: NRC/NMSS/IMNS/MSIB Document/Report Number: _________________________________________________________________ Item ID: 011900084 Accession Number: ML011800390 Date Added: 7/9/01 10:23:57 AM Title: Transcript of 06/19/01 Telephone Conference Call; pp. 1 - 57 Author Affiliation: Neal R. Gross & Co., Inc Document/Report Number: ***************************************************************** 12 ADAMS: Items of Interest - Wednesday, July 11, 2001 State of Nevada Agency for Nuclear Projects ADAMS - Items of Interest Recent Released Documents Added - Wednesday, July 11, 2001 These documents and others may be retrieved at the NRC PERR web site ------------------------------------------------------------------------------- Item ID: 011910001 Accession Number: ML011900440 Date Added: 7/10/01 9:11:02 AM Title: 07/23/2001 Meeting With Westinghouse Electric Company LLC Re Inspection Findings, New Organizational Structure, and Equipment Demobilization Activities at the Site. Author Affiliation: NRC/RGN-III Document/Report Number: _________________________________________________________________ Item ID: 011910002 Accession Number: ML011830113 Date Added: 7/10/01 9:11:06 AM Title: 08/07/2001, Meeting with Global Nuclear Fuel to discuss their Licensee Performance Review from May 16, 1999 to May 12, 2001. Author Affiliation: NRC/RGN-II Document/Report Number: _________________________________________________________________ Item ID: 011910141 Accession Number: ML011910041 Date Added: 7/10/01 11:17:25 AM Title: 08/16/2001 - Notice of Meeting with the Nuclear Energy Institute (NEI) Regarding Operator Licensing Issues Author Affiliation: NRC/NRR/DRIP/RGEB Document/Report Number: _________________________________________________________________ Item ID: 011910142 Accession Number: ML011800453 Date Added: 7/10/01 11:17:29 AM Title: 4/5/01 and 6/26/01 - Mtgs. with NEI on Generic Activities being undertaken to prepare for licensing of new plants Author Affiliation: NRC/NRR/DRIP/FLO Document/Report Number: _________________________________________________________________ Item ID: 011910137 Accession Number: ML011800401 Date Added: 7/10/01 11:16:58 AM Title: 6/15/01 - Summary of Meeting with NEI to discuss ITAAC Author Affiliation: NRC/NRR/DRIP/FLO Document/Report Number: _________________________________________________________________ Item ID: 011910143 Accession Number: ML011800410 Date Added: 7/10/01 11:17:33 AM Title: Enclosures 3 and 4 to Summary of Mtg. w/NEI on Generic Activities being taken to prepare for licensing of new plants Author Affiliation: NRC/NRR/DRIP/FLO Document/Report Number: _________________________________________________________________ Item ID: 011910155 Accession Number: ML011840330 Date Added: 7/10/01 11:20:17 AM Title: Joint Report on the Status of Federal Lawsuit Skull Valley Band V. Leavitt. Author Affiliation: Private Fuel Storage L.L.C., Shaw Pittman Document/Report Number: _________________________________________________________________ Item ID: 011910559 Accession Number: ML011910461 Date Added: 7/10/01 5:21:19 PM Title: Meeting presentation slides from 06/27/2001 Public Meeting re risk-informed part 50 special treatment requirements RIP50 option 2. Author Affiliation: NRC Document/Report Number: _________________________________________________________________ Item ID: 011910341 Accession Number: ML011910241 Date Added: 7/10/01 2:12:07 PM Title: Press Release-01-060: NRC Advisory Committee on Reactor Safeguards to Meet in Rockville, Maryland, on June 6-8. Author Affiliation: NRC/OPA Document/Report Number: Press Release-01-060 _________________________________________________________________ Item ID: 011910342 Accession Number: ML011910253 Date Added: 7/10/01 2:12:12 PM Title: Press Release-01-061: ACRS Subcommittee on Reliability and Probabilistic Risk Assessment to Meet in Rockville, Maryland, on June 22. Author Affiliation: NRC/OPA Document/Report Number: Press Release-01-061 _________________________________________________________________ Item ID: 011910370 Accession Number: ML011910264 Date Added: 7/10/01 2:27:01 PM Title: Press Release-01-062: NRC Seeks Public Comments on Draft of Discrimination Task Group Report. Author Affiliation: NRC/OPA Document/Report Number: Press Release-01-062 _________________________________________________________________ Item ID: 011910510 Accession Number: ML011910435 Date Added: 7/10/01 5:14:41 PM Title: Press Release-01-064: NRC Sends Special Inspection Team To Westinghouse Fuel Fabrication Facility In Columbia, S.C. Author Affiliation: NRC/OPA Document/Report Number: Press Release-01-064 _________________________________________________________________ Item ID: 011910343 Accession Number: ML011910189 Date Added: 7/10/01 2:12:18 PM Title: Press Release-01-071: NRC Advisory Committee on Nuclear Waste to Meet in Rockville, Maryland, on June 19 - 21. Author Affiliation: NRC/OPA Document/Report Number: Press Release-01-071 _________________________________________________________________ Item ID: 011910344 Accession Number: ML011910201 Date Added: 7/10/01 2:12:23 PM Title: Press Release-01-072: NRC to Hold Public Meetings on Discrimination Task Group Draft Report Recommendations. Author Affiliation: NRC/OPA Document/Report Number: Press Release 01-072 _________________________________________________________________ Item ID: 011910175 Accession Number: ML011830073 Date Added: 7/10/01 11:37:28 AM Title: Press Release-01-074: NRC Approves Transfer Of Operating Licenses For Nine Mile Point Nuclear Plant. Author Affiliation: NRC/OPA Document/Report Number: Press Release-01-074 _________________________________________________________________ Item ID: 011910222 Accession Number: ML011910104 Date Added: 7/10/01 1:15:48 PM Title: Press Release-01-075: NRC Seeks Comments On Preliminary Assessment Of Nuclear Industry Consolidation On Agency's Regulatory Oversight. Author Affiliation: NRC/OPA Document/Report Number: Press Release-01-075 _________________________________________________________________ Item ID: 011910223 Accession Number: ML011910115 Date Added: 7/10/01 1:15:55 PM Title: Press Release-01-076: NRC Seeks Members of Public to Join an Adams User Group to Enhance Communications with Agency. Author Affiliation: NRC/OPA Document/Report Number: Press Release-01-076 _________________________________________________________________ Item ID: 011910224 Accession Number: ML011910121 Date Added: 7/10/01 1:16:00 PM Title: Press Release-01-077: NRC Announces Availability of License Renewal Applications for North Anna, Surry. Author Affiliation: NRC/OPA Document/Report Number: Press Release-01-077 _________________________________________________________________ Item ID: 011910220 Accession Number: ML011910132 Date Added: 7/10/01 1:15:36 PM Title: Press Release-I-01-042: NRC to Meet with Vermont Yankee Nuclear Power Corporation to Discuss Performance at Vermont Yankee Nuclear Power Plant. Author Affiliation: NRC/OPA:RGN-I/FO Document/Report Number: Press Release-I-01-042 _________________________________________________________________ Item ID: 011910221 Accession Number: ML011910145 Date Added: 7/10/01 1:15:41 PM Title: Press Release-I-01-043: NRC Assigns New Sr. Resident Inspector to TMI Nuclear Plant. Author Affiliation: NRC/OPA:RGN-I/FO Document/Report Number: Press Release-I-01-043 _________________________________________________________________ Item ID: 011910511 Accession Number: ML011910443 Date Added: 7/10/01 5:14:50 PM Title: Press Release-II-01-009: NRC To Hold Public Meetings At BWX Technologies May 31 To Discuss Plant Performance And Revision Of NRC Oversight Program Author Affiliation: NRC/OPA:RGN-II/FO Document/Report Number: Press Release-II-01-009 _________________________________________________________________ Item ID: 011910561 Accession Number: ML011910486 Date Added: 7/10/01 5:21:24 PM Title: Press Release-II-01-010: NRC Staff To Hold Predecisional Enforcement Conference In Atlanta On June 6 With Turabo Corporation Of Caguas, Puerto Rico. Author Affiliation: NRC/OPA:RGN-II/FO Document/Report Number: Press Release-II-01-010 _________________________________________________________________ Item ID: 011910217 Accession Number: ML011910153 Date Added: 7/10/01 1:15:22 PM Title: Press Release-III-01-026: NRC to Meet with Nuclear Management Company to Discuss Safety Performance at the Duane Arnold Nuclear Plant. Author Affiliation: NRC/OPA:RGN-III/FO Document/Report Number: Press Release-III-01-026 _________________________________________________________________ Item ID: 011910218 Accession Number: ML011910161 Date Added: 7/10/01 1:15:27 PM Title: Press Release-III-01-027: NRC Staff Proposes $55,000 Fine Against Michigan Nuclear Plant for Failure to Provide Complete and Accurate Information. Author Affiliation: NRC/OPA:RGN-III/FO Document/Report Number: Press Release-III-01-027 _________________________________________________________________ Item ID: 011910562 Accession Number: ML011910493 Date Added: 7/10/01 5:21:28 PM Title: Press Release-IV-01-020: NRC Chairman To Hold News Briefing Following Visit To Arkansas Nuclear One. Author Affiliation: NRC/OPA:RGN-IV/FO Document/Report Number: Press Release-IV-01-020 _________________________________________________________________ Item ID: 011910563 Accession Number: ML011910506 Date Added: 7/10/01 5:21:32 PM Title: Press Release-IV-01-021: NRC Proposes To Fine The Texas A&M University System $2,400 For Errors In Shipping Radioactive Material. Author Affiliation: NRC/OPA:RGN-IV/FO Document/Report Number: Press Release IV-01-021 _________________________________________________________________ Item ID: 011910219 Accession Number: ML011910173 Date Added: 7/10/01 1:15:31 PM Title: Press Release-IV-01-037: NRC Monitoring Events At Cooper Nuclear Stations Author Affiliation: NRC/OPA:RGN-IV/FO Document/Report Number: Press Release-IV-01-037 ***************************************************************** 13 U.S. Signs Bilateral R Agreement with France energy.gov - Headquarters' Press Release RELEASE DATE: July 10, 2001 [Print Friendly Version] WASHINGTON, D.C. -- Secretary of Energy Spencer Abraham and Chairman Pascal Colombani of the Commissariat a L=Energie Atomique (CEA) of France yesterday signed a bilateral agreement to jointly fund innovative U.S.-French research in advanced reactors and fuel cycle development. The Department of Energy (DOE) and CEA are expected to award merit-selected research grants later this summer to joint U.S.-French research teams. The joint research projects will support the recommendation in the Bush Administration's National Energy Policy to pursue research that will develop next generation nuclear reactor technologies. "Advanced nuclear energy systems provide a clean air alternative for the world's future energy supply," said Secretary Abraham. "This agreement demonstrates the strong commitment of France and the U.S. to dedicate our expertise and resources to the joint development of nuclear systems that are safe, economical and proliferation-resistant. It is our hope that this research will accelerate deployment of Generation IV nuclear energy systems by 2030 or earlier." The agreement is part of DOE's International Nuclear Energy Research Initiative (I-NERI) launched this year by the department's Office of Nuclear Energy, Science and Technology. I-NERI will foster international collaborative research and development of nuclear technology, focusing on the development of Generation IV advanced nuclear system technologies. The joint research awarded through this agreement will enable the U.S. and France to move forward with leading-edge generic research that can benefit the range of reactor and fuel cycle designs anticipated in the future. With France, the Energy Department is currently developing a Generation IV Technology Roadmap that, when complete next year, will serve as the research and development plan for advanced reactor and fuel cycle system development. Besides France and the U.S., other countries participating in the roadmap are: Argentina, Brazil, Canada, Japan, South Africa, South Korea and the United Kingdom. This I-NERI agreement implements the DOE/CEA Agreement of Cooperation in Advanced Nuclear Reactor Science and Technology signed on September 18, 2000. This agreement is the second bilateral I-NERI agreement signed this year. In May, the department signed a similar agreement with the Republic of Korea's Ministry of Science and Technology to conduct joint U.S.-South Korean research in the areas of advanced instrumentation, controls and diagnostics; advanced light water reactor technology; advanced light water reactor fuels and materials; and advanced computational methods. Media Contact: Jeanne Lopatto 202/586-4940 Release No. R-01-112 ***************************************************************** 14 Eugene Cronkite, Dies at 86; Found Cancer's Links to Radiation July 11, 2001 Eugene Cronkite, Dies at 86; Found Cancer's Links to Radiation By ANAHAD O'CONNOR r. Eugene P. Cronkite, an expert in radiation biology who was among the first to recognize and report on links between cancer and exposure to sublethal levels of radiation, died on June 23 at his home in Setauket, N.Y. He was 86. In addition, Dr. Cronkite developed a center for the treatment of acute radiation injury at Brookhaven National Laboratory. After finishing medical school, he served in the Navy as a Medical Corps lieutenant in World War II and directed the Naval Medical Research Institute in Maryland. In 1954, he left the Navy to direct a project that studied the effects of fallout from nuclear weapons testing in the Pacific on inhabitants of the Marshall Islands. The work he did there described the likelihood of survival under varying degrees of radiation exposure and its effects on the nervous system and brain. In addition to being one of the first to report on the cancer-inducing effects of radiation exposure, he studied its effects on bone marrow cells and developed a method of treating leukemia. The procedure, extra-corporeal radiation, used a tube inserted into the patient's arm to direct blood out of the body and behind a lead shield, where it was irradiated. With the patient's heart serving as the pump, the blood was then directed back into the body. The treatment destroyed diseased cells without killing too many healthy cells and was first conducted by Dr. Cronkite in 1965 at Brookhaven. It helped some patients and was considered an important advance at the time. It was replaced by newer forms of radiation treatment and chemotherapy. In the 1970's, while chairman of the medical department at Brookhaven, Dr. Cronkite helped develop a way of growing human blood and blood- forming cells from the bone marrow, outside the body. This process made it possible to grow cells from leukemia patients and use them to test the effectiveness of drugs. Dr. Cronkite was a founder and president of the International Society for Experimental Hematology in 1977. He was elected to the National Academy of Sciences in 1981. He also was editor of The Journal of Hematology for 15 years. Born in Los Angeles, he did his undergraduate studies and received his M.D. at Stanford University. Dr. Cronkite's wife of 60 years, Elizabeth, died in 1999. He is survived by a daughter, Christina Cronkite of Hayward, Wis. Copyright 2001 The New York Times Company | Privacy Information ***************************************************************** 15 Relief at the return of Energy NW's plant ublished July 10, 2001 It was not the way Energy Northwest would have preferred advertising the worth of its nuclear plant, but the 44-day outage that ended last week was a compelling illustration nonetheless. The Columbia Generating Station plant was off line for maintenance and refueling two weeks longer than expected. It finally returned to full power of 1,130 megawatts - enough to supply the energy needs of the Seattle area - at 6:18 a.m. Friday. The outage was unavoidable in order to gear the plant up for the next two years of operation. Energy Northwest officials, knowing the value of their plant's power especially during the energy crisis, had set themselves an ambitious schedule of just more than 29 days off line. The plan turned out to be too ambitious. A series of surprises - including problems with plant components and a lightning strike that damaged a transformer - forced crews to delay the plant's startup. That meant hydroelectric dam managers had to run more water through their turbines than they would have liked during a drought year. Replacing two weeks of Columbia Generating Station's power requires 600,000 acre-feet of water. In a normal water year, it probably wouldn't have been a problem. This year, replacing that missing power used water that possibly could have helped fish runs. Undoubtedly, the delay pained Energy Northwest officials, who have worked hard to better the plant's once-shaky reputation and are expecting the results of a study into finishing another half-done nuclear plant in early September. But rushing a nuclear plant back on line would be the wrong thing to do, no matter what the energy shortage. Columbia Generating Station has two years before its next scheduled outage. That's two years of reliable power, come rain or drought. After this summer, the region should have an even better appreciation for how valuable that is. What's your opinon? Copyright 2001 Tri-City Herald. All rights reserved. This ***************************************************************** 16 Appeals Court Rules on Nuclear Waste, Anti-Fornication, Grand Staircase Wednesday, July 11, 2001 BY JACOB SANTINI THE SALT LAKE TRIBUNE The 10th Circuit Court of Appeals released rulings in three high-profile cases Tuesday, dealing with access to the lease agreement for nuclear waste storage in western Utah; the legality of Utah's anti-fornication law; and the turmoil over the Grand Staircase-Escalante National Monument. A three judge panel in Denver ruled the federal government can withhold an unedited version of a lease agreement between a consortium of electric companies and the Skull Valley Goshute reservation. In 1997, the state received a copy of the lease agreement -- termination terms of the lease, payments and interest figures were all deleted. The federal government refused to release the entire agreement after the state requested a copy of the agreement, making way for 40,000 tons of spent nuclear fuel to be stored on the land 85 miles southwest of Salt Lake City. The appeals judges agreed with a Utah judge that the company may suffer "competitive injury" if the agreement is made public. In the two other rulings: Regarding Utah's anti-fornication and sodomy laws, the court dismissed the case. In its ruling, the court said the case, which has been argued in Utah courts for a decade, never existed because attorney Brian Barnard didn't identify the five plaintiffs by name. The five original plaintiffs -- three have since married, making their claims null -- feared prosecution because they were admitting to unmarried sexual relationships. A federal judge said the five could not prove they were in danger of prosecution and dismissed the case. Barnard intends to refile in Salt Lake City. Regarding Grand Staircase, the court granted six groups the right to intervene in a lawsuit intended to set aside the presidential proclamation that created the 1.7 million-acre monument. The six, which include businesses and environ- mentalists, wished to argue for protection of the public lands. The Utah Association of Counties contends the designation exceeded the powers of the president. © Copyright 2001, The Salt Lake Tribune All material found on ***************************************************************** ***************************************************************** NUCLEAR WEAPONS ARTICLES ***************************************************************** 1 Norwegian agency urges Russia to postpone Kursk 11 July 2001 : The Times of India OSLO: Norway's institute for radiation protection urged Russia to postpone plans to raise the sunken Kursk nuclear submarine from the bottom of the Barents sea pending a study of the risks of a radioactive leak, Norwegian news agency NTB reported. Experts from the Norwegian institute expressed their concerns on Monday following a meeting in Russia with experts on the Kursk salvage operation. "It turns out that Russia's studies on potential consequences to the environment are not complete yet. It's starting to become urgent," institute official Per Strand told NTB. Strand called for more openness from Russian authorities. "You can't just put the lid on this. We need to have extreme openness surrounding the salvage operation, so that there may be no doubt about any possible findings," he said. The Kursk sank on August 12 last year in an accident whose cause remains unexplained, claiming the lives of all 118 men on board. Divers were to begin a thorough inspection of the wreckage on Monday to determine how best to proceed with the $80-million salvage operation. The effort is expected to proceed in several stages before culminating with the raising of the ill-fated sub in mid-September and its return to a specially prepared dock at the northern fleet's base in Murmansk. The front end of the Kursk was packed with 18 torpedoes and 24 cruise missiles when a mysterious blast sank the sub. (AFP) ***************************************************************** 2 Support Grows For Nuke-Free Pacific, Says Robson Press Release by New Zealand Government at 11:16am, 11th July 2001 Latin American countries heard today New Zealand's ideas on ways to speed up the process towards a nuclear weapon free Southern Hemisphere. Yesterday Minister for Disarmament and Arms Control, Matt Robson was in Brazil to gather support. Today he was in Mexico City to meet with Mexico's Foreign Minister Castaneda and senior disarmament officials, and to address the Organisation for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (OPANAL). OPANAL is the world-wide recognised anti nuclear weapons organisation in the region. Matt Robson paid tribute to Mexico, which led the movement for a nuclear-weapon-free zone in Latin America and the Caribbean. The Treaty of Ttatelolco, signed in 1968 was the world's first such zone. "This was a bold and innovative move. We have much to thank you for. You gave us in the South Pacific the idea and the inspiration to sign our own nuclear-weapon-free zone treaty in 1986: the Treaty of Rarotonga." There are now also nuclear weapon free zones in South East Asia and Africa. All of the independent countries in the Southern Hemisphere and adjacent areas are covered by nuclear-weapon-free zones. "Nuclear-weapon-free zones build confidence and contribute to regional peace and security," says Matt Robson. The Treaties' Secretariats, such as OPANAL have an important contribution to make to this process. I've had an excellent discussion with the OPANAL members today. I know we will make real progress towards a nuclear weapon free Southern Hemisphere." "We will continue to state loudly and clearly that the majority of the world's countries are opposed to nuclear weapons and we want them eliminated." wapnews.co.nz ***************************************************************** 3 IEER: Report on First LANL Clean Air Act Audit Monitoring Report of the Institute for Energy and Environmental Research on the First Independent Technical Audit of the Los Alamos National Laboratory's Compliance Status With Respect to the Clean Air Act By Arjun Makhijani and Bernd Franke 11 April 2000 The Institute for Energy and Environmental Research (IEER) has monitored the first Independent Audit of Los Alamos National Laboratory's (LANL's) compliance status with respect to the completeness of the audit and the findings of the audit. IEER has already made its comments on the Independent Technical Audit Team's (ITAT's) partial draft report of May 15, 1998. Since the Final Report of the ITAT is unchanged in its basic analysis and conclusions, we will simply reiterate the points that we made at that time and focus this report on the items that are still outstanding that we expect will be covered in the second audit. (The Final Report refers to the final report of the ITAT Team: Final Report: Independent Audit of Los Alamos National Laboratory for Compliance with the Clean Air Act 40 CFR 61, Subpart H (with Appendices A through I), Neeses, SC: Risk Assessment Corporation, November 1999). Before going on to particulars as regards substantive issues, it is important to note that the process of the audit has been open and clear. IEER has had access to documents and personnel and has been able during site visits to examine the issues being raised by the audit. The openness of the process has been crucial to IEER's ability to perform its function of monitoring the audit in order to evaluate its completeness and thoroughness. IEER would like to thank the ITAT team, CCNS, DOE, and LANL for the maintenance of the openness that enabled IEER to perform its monitoring of the audit. The second point to note is that IEER agrees with the decision of the ITAT to release a draft partial report regarding the ITAT's finding of non-compliance so that LANL could take the actions needed to correct the problems that were identified. We understand that this led to a shortage of resources that prevented all the relevant issues from being considered as fully as needed or from being covered at all. We also want to note that the ITAT did request additional resources, but that this request was denied. We expect that these issues will be addressed in the second audit. Overview IEER is in general agreement with the findings of the ITAT team on all but one major issue. That issue is related to compliance with the 10 millirem (mrem) per year dose standard, which is the primary standard specified in the 40 CFR 61, Subpart H. The ITAT stated that it was its "considered judgment that the Laboratory did not exceed the 10 mrem per year dose standard prescribed in the regulation." (p. iv, Final Report.) This statement is insufficiently supported by the work that ITAT did in the first audit. Specifically, such a claim should be based on a quantitative assessment of how likely it is that LANL actually met the standard. In other words, the probability that no individual was exposed to more than 10 mrem should be specified. We understand that this conclusion is a matter of the ITAT's "considered judgment." However, in a matter as fundamental as the primary standard, we are of the opinion that judgment should be backed up by a quantitative uncertainty analysis. This is specially needed in light of the fact that the first audit did not quantitatively address the issue of the flat terrain model. In addition, ITAT did not resolve important questions relating to the location of the Maximally Exposed Individual (MEI) and to doses to transient receptors from discontinuous releases, which are discussed in greater detail below. In the absence of an uncertainty analysis, it would be accurate to say that while the use of simplified models such as CAP-88, which do not address the above mentioned issues, would indicate compliance, the data available do not allow a scientific analysis of uncertainties to be done. therefore, while the data do not indicate that LANL is out of compliance with the 10 mrem limit, they are insufficient to arrive at a scientifically supportable quantitative conclusion to the effect that it is in compliance. The underlying reason is that no quantitative analysis of the probability of non-compliance can be made. We recommend that the ITAT resolve these issues in the second audit before arriving at a judgment regarding the quantitative compliance with the 10 mrem standard. Inventories and Usage of Radionuclides We concur with the ITAT in regard to its conclusion regarding non-compliance on the issue of inventory and usage records and reporting. The ITAT did a thorough job of documenting the deficiencies and making recommendations as to how the job should be approached. We appreciate that LANL began adopting the recommendations of the ITAT during the first audit. In regard to inventories and estimated dose rates, IEER agrees with the ITAT finding that LANL's process for keeping inventories improved during the course of the first audit. However, the suggested frequency and manner of updating inventories is not consonant with the concept that usage, rather than inventory, determines the estimated doses. IEER recommends that the ITAT team make a more explicit recommendation that complete usage data, which should include inventories and all changes in inventories during the year be collected each year for sources for which estimated doses are greater than 0.005 mrem. The trigger for changing from a two-year collection frequency of data to an annual collection frequency should be a change in usage of a sufficient magnitude. The parties using the radionuclides should be required to report sudden increases in usage for sources, so that adequate assessment of the inventory-reporting requirement can be maintained on a current basis by ESH-17. As noted by the ITAT (p. 32), this needs to go beyond voluntary reporting on the part of users of radionuclides. LANL is in the process of implementing these changes. We look forward to monitoring the way in which the ITAT will assess the implementation of these efforts in the second audit, since not all aspects of the reporting system are as yet in place. From the exchanges between them presented in questions 4 and 5 in Appendix F of the ITAT report, the EPA and the ITAT seem to have arrived at an impasse as to how to consider the inventory issue (pp. pp. F-3 and F-4, Final report). According to the ITAT, "auditors should be able to verify the radionuclide inventory from the original data upon which release estimates were made." The EPA responded by stating that its regulations required "maintenance of records that document the source of input parameters, methods used to derive the values of the input parameters, and the procedure used to determine effective dose equivalent" (p. F-3). ITAT stated that it "does not understand the EPA's response." In question 5, ITAT has observed that records of types and amounts of usage of radionuclides must be maintained. The EPA has responded that the section of the regulation quoted, 40 CFR 61.94(b)(2) does not require maintenance of records of quantities used but only a list of radionuclides used. ITAT stated that it "does not understand EPA's response." Resolution and clarity about these issues is essential during the second audit. Usage affects emissions in the real world. Usage is related to changes in inventories. A lack of clarity on inventory and usage issues has been a basic problem in LANL's lack of compliance and it appears that the EPA shares some of this lack of clarity. IEER is in agreement with the ITAT on this issue and hopes that the discussion below will help move the issue to resolution. Record-keeping must require both inventory on hand at any time, and changes in that inventory. Changes occur when there are additions by incoming radionuclides or usage resolution from shipments, waste discharges, or emissions. Since air emissions are not being measured from the sources in question, the changes in inventory are crucial in determining usage and hence the input parameters for determination of effective dose equivalent. Changes in inventory cannot be verified without detailed inventory records that are kept current as regards all usage, incoming materials, outgoing materials and discharges. If waste discharges are estimates, documentation of the procedures used to make these estimates is essential. Hence, IEER concludes that the EPA, by merely reciting the rule regarding the maintenance of these records, has not taken in account the relations of the content of those records to the calculations that must be made to determine compliance. in other words, the EPA does not seem to have taken proper account of the technical requirements of accurately determining input parameters. Even if we assume that the specific section 40 CFR 61.94(b)(2) does not require the maintenance of records of usage, the record-keeping requirement of Sec 61.95 clearly necessitates such records. Hence to state that usage records are not required, but only lists of radionuclides, is to miss the underlying purposes of the regulation altogether. Those purposes are (1) accurate assessment of emissions when continuous stack monitoring is not being done and (2) maintenance of records that are complete, current, and accurate enough to allow for an independent audit. The ITAT is completely correct in its conclusion that an audit is impossible without these records. We also believe that LANL itself cannot assess whether it is in compliance without such records. Hence, in the absence of these records, certification by LANL personnel that LANL is in compliance with the Clean Air Act would be without the requisite scientific foundation. In sum, in order to determine the input parameters, which relate to usage and changes in inventory, it is necessary for LANL to maintain accurate and current inventory records that include complete information about changes in those records. Without such record keeping an independent audit is virtually impossible. Since the regulation itself requires that documentation should be amenable to an independent audit, IEER concurs with the ITAT in the matter of record keeping as regards inventories and changes in the inventories. IEER believes that in the absence of the records described, assertion of compliance should not be made by LANL, and if made, should not be accepted as such as EPA. Therefore the EPA should explicitly accept the position of the ITAT on this question. IEER hopes that this discussion has helped clarify the issue. IEER expects that inventories will be one of the principal items of review for the second audit. The Location of the Maximally Exposed Individual (MEI) During the first audit, IEER raised a question in regard to a hypothetical jogger being a potential MEI. The ITAT has accepted this as a legitimate issue and recommended that the EPA should address it. We agree. IEER is of the opinion that so long as this issue remains in scientific and regulatory limbo, the question of compliance will remain there with it. The EPA's answer (p. F-1) that the jogger should be near an office or residence is arbitrary and astonishing. This is a bureaucratic interpretation that is contrary to the spirit of the regulation that is to protect public health. If a jogger should be near a public building, how near should they be? Is not the Los Alamos Library a public building? The EPA interpretation raises more questions that it answers and should be abandoned. The Final Audit Report presents calculations pertaining to the potential of a short term release, an issue raised in IEER memo, dated October 7, 1997. Relative to this example, ITAT states on p. 94: "For the 117 mCi short term release from stack 03002924, the radiation doses to a nearby transient receptor ranged from 0.23 or 0.35 mrem. The probability that these doses would not be exceeded was over 99 percent." IEER notes that the result of the calculation by ITAT is different from the one presented in the IEER memo in which the conditional probability for doses exceeding 10 mrem was calculated to be 3% for a downwind receptor. IEER suggests reviewing the input data and calculations by ITAT, which are not fully documented in the audit report. Sensitive parameters are the distance of the transient receptor, wind speed, wind direction and stability class as well as the dispersion coefficient for the specific weather condition. The uncertainty of the dispersion coefficient was taken into account in the IEER calculations; it is unclear whether this issue was addressed in ITAT calculations. IEER notes that the doses calculated by ITAT for the jogger scenario are more than a factor of 100 larger than the dose for the LANL MEI from that source of 0.00169 mrem as reported in the "1995 LANL Radionuclide Air Emissions." This illustrates that the issue of transient receptors is an important one to be addressed. IEER concurs with ITAT in the need to clarify the transient receptor issue. Thus IEER cannot declare the issue of transient receptors to be resolved. To the contrary, the above example demonstrates that there is a significant possibility that CAP-88 modeling of such emissions may not identify those members of the public who are most at risk from such emissions. IEER expects that the second audit will address the following issues in more detail: + (a) Which processes and facilities are most likely to result in short term releases? + (b) How can monitoring be improved to address the issue of short term releases? + (c) Which modeling assumptions will provide reasonably conservative estimates to transient receptors? In the matter of MEI and also the location of AIRNET stations, we would like to bring up the issue of lands that are sacred to Native Americans. As IEER understands it, there is sacred Native American land bordering LANL and in LANL. We want to raise the issue of whether this scared land should be considered as the equivalent of a temple or church under the regulation. A related issue is whether temples and churches would fall into the categories of buildings that are covered by the regulation. We believe that the presence of bricks and mortar in a place to define its relevance to members of the public in regard to the protection of health may be an ethnocentric view that may have inadvertently crept into the regulation. The issue of how this matter should be addressed both as regards the MEI and the location of an airnet station should be taken up by ITAT with the concerned Pueblos, NMED, LANL, and EPA as part of the second audit. We expect that the issues relating to the MEI will be addressed and resolved in the course of the second audit. We hope that the ITAT will continue to engage the EPA and LANL in this matter and also make its own views more explicitly and conclusively known in its second audit report. Puff Releases IEER has identified puff (short-term) releases as a significant issue in compliance. There appears to have been a misunderstanding of IEER's point regarding short-term or puff releases (p. F-2). IEER's point is that a dose from such a release must be evaluated according to a model designed explicitly for the purposes. It is self understood that in any case, short-term releases have to be included in the annual total. However, a model that assumes continuous releases cannot properly evaluate short-term releases. Moreover, exposures from short-term releases and continuous releases could affect the same people, under some circumstances, and hence both need to be considered. The methodological issues of adding up estimates from different models need to be evaluated in such a case. This also remains to be accomplished in the second audit. Complex Terrain and CAP-88 It is evidence that LANL terrain is complex and not flat. The model used for compliance is CAP-88, which assumes flat terrain. IEER identified this as a central issue for ITAT to consider and we are glad that the ITAT devoted some attention to it and raised it with the EPA (p. F-3). The ITAT and EPA appear to agree with IEER that the issue of complex terrain model is an important one to address. However, this issue has not been resolved either scientifically or as a matter of regulatory interpretation. We were disappointed to note that the EPA merely quoted a 1990 response to the issue. IEER believes this is one of the evident principal issues regarding compliance that should be resolved in the course of the second audit. CAP-88, which assumes flat terrain, is simply not scientifically appropriate. Since the audit was to evaluate not only regulatory issues but also scientific issues in relation to compliance, we recommend that the ITAT issue a clear and unequivocal statement in this regard as part of the second audit. We expect that this will also provide a motivation to the EPA to resolve this issue more expeditiously. Finally, we hope that it will cause LANL to devote some thinking to what site-specific models might be appropriate and how they might be validated. This would be an appropriate topic of scientific discussion during the second audit. Discrepancies in Measured NEWNET Dose Rates at East Gate with CAP-88 Predictions In a memo dated April 10, 1998, IEER estimated that the cumulative gamma dose above background at the East Gate station in 1996 was a factor of 2.3 larger than the dose predicted with CAP-88. While the dose was well below 10 mrem, this observation stresses the importance of the impact of terrain and short-term natures of LANSCE releases. IEER concurs with ITAT's conclusion on p. 56 that further evaluation is required and expect that this topic will be addressed during the second audit. Collection and Analysis of Airborne Particles IEER agrees with ITAT in that the uncertainty in correcting for self-absorption is relatively large (p.54). However, we believe that ITAT has not made a clear recommendation as to how this uncertainty should be property reflected in reporting the release from the facilities in question. At what degree of uncertainty will the use of mean values for self-absorption make reported releases unreliable? With regard to the issue of dividing the filters, IEER concurs with ITAT that Am-241 and Pu-238 are the most problematic radionuclides due to their high specific activity. However, IEER observes that the ITAT has made no recommendation as to how to properly incorporate this uncertainty in the release estimate for this radionuclides and expects that this topic will be addressed during the second audit. Diffuse Sources ITAT has not identified the Magnetized Target Fusion TA-39 experiments as a diffuse emissions site. The neutron generation in the experiments at these sites would give rise to activation products, whose dosimetric consequences need to be evaluated. Explosive testing involves radioactive materials. Similarly, the second audit should evaluate diffuse emissions from Area G, including the variations in such emissions, which depend on the specific activities at that site. The ITAT has not discussed the problem of the large unexplained divergence between plutonium in LANL waste as estimated by LANL compared to that estimated by DOE headquarters. LANL assumptions about plutonium in buried waste may lead to mis-estimation of releases from planned operations. Since the amount of plutonium at issue is very large (7765 kilograms), this is an issue that the second audit should address with high priority insofar as it might affect diffuse emissions and possibly stack emissions from duct hold-up. (The DOE memorandum detailing differences in inventories of plutonium in waste is attached to this report.) IEER also identified a number of other issues regarding diffuse emissions in its memorandum of November 19, 1997, which is appended to this report. These issues were not addressed fully in the first audit and we expect that they will be addressed in the second audit. Depleted uranium experiments are being conducted in TA-15 and TA-36, giving rise to diffuse emissions. Other experiments involving radionuclides are used at firing sites. (Site Wide EIS, DOE/EIS-0238, vol. I,p. 2-73, January 1999.) These diffuse sources should be evaluated in the second audit. AIRNET Stations IEER concurs with ITAT's recommendation that stations should be added to the AIRNET network (p.72). The AIRNET system is geared to provide data for offsite locations. However, diffuse sources could also affect transient receptors, for example a jogger. IEER recommends that the ITAT review the scientific adequacy of the AIRNET system data to address doses to transient receptors from diffuse sources. Neutron Radiation With regard to neutron radiation, it is the position of ITAT and EPA that neutrons are not covered by the provisions in 40 CFR 61, Subpart H. While it is true that a neutron is not a radionuclide, neutron radiation continues to be a matter of concern at LANL. In light OT ITAT's recommendation regarding public involvement and the public's expressed concern about this issue, the adequacy of neutron monitoring at LANL should be addressed in the second audit. New Facilities The Dual-Axis Radiographic Hydrodynamic Test Facility was expected to go into operation at the end of 1999. (January 1999 LANL Site Wide EIS, DOE/EIS-0238, vol. I p.2-73.). Emissions from this new course should be evaluated as part of the audit. A prospective look at planned operations over the current year would be helpful in assessing future compliance. The Site Wide EIS also discusses the Beryllium Technology Facility (DOE/EIS-0238, vol. I, p.2-52), where beryllium as well as uranium graphite fuels are to be fabricated. Since this will be a new potential source of radionuclides, specifically uranium, the ITAT should investigate the schedule as well as the monitoring and estimation protocols that will be needed. ieer@ieer.org Takoma Park, Maryland, USA Posted July 9, 2001 ***************************************************************** 4 Rocky Flats highway idea draws fire Rocky Mountain News: Politics Udall calls on Owens to oppose any plan for road through old nuclear weapons plant By Berny Morson, News Staff Writer U.S. Rep. Mark Udall called on Gov. Bill Owens on Tuesday to repudiate a possible highway through the defunct Rocky Flats nuclear weapons plant. But a spokesman for Owens said Udall should do more to eliminate federal red tape that requires the state to consider a Rocky Flats route for the road, even though all local officials oppose it. "Rather than writing three-page letters to Gov. Owens, Congressman Udall should spend more time trying to waive the federal requirements that the (state transportation department) is trying to address," said Owens' spokesman, Dick Wadhams. Udall's letter to Owens came one day after state transportation director Tom Norton said a route through Rocky Flats is among options he is studying to carry traffic from the end of the soon-to-be-built northwest parkway in Broomfield to U.S. 6 in Golden. Norton's comment surprised local elected officials. They had assumed a road through Rocky Flats was out of consideration because all of the state's top elected officials support a proposal to designate Rocky Flats a wildlife refuge. The local leaders also fear road construction would stir up soil that has been contaminated by four decades of weapons construction. Owens voiced his support in February for the bill before Congress declaring the weapons plant a wildlife refuge. The bill is sponsored by Udall, a Democrat, and U.S. Sen. Wayne Allard, a Republican. In his letter, Udall said another study is "a serious waste of time and money" since such a road has no local support.. But Norton said Tuesday that federal environmental law requires states to consider all alternatives in choosing highway routes. "I have to have scientific and legitimate information to rule out (an alternative)," he said. "I didn't mean we won't rule out Rocky Flats (as a route). What it means is, that if I don't do the whole study, the feds won't buy it." A finding that a Rocky Flats route is not feasible would strengthen the consensus against it, he said. He noted that the Owens administration supports a wildlife refuge at Rocky Flats. Sean Conway, Allard's spokesman, said the issue is moot since the bill declaring Rocky Flats a wildlife refuge will specifically bar roads through the area. Contact Berny Morson at (303) 892-5072 or morsonb@RockyMountainNews.com. July 11, 2001 2001 © The E.W. Scripps Co. ***************************************************************** 5 IEER: Report on Second LANL Clean Air Act Audit Final Report of the Institute for Energy and Environmental Research on the Second Clean Air Act Audit of Los Alamos National Laboratory by the Independent Technical Audit Team By Arjun Makhijani and Bernd Franke 13 December 2000 Summary of findings and recommendations: 1. The Institute for Energy and Environmental Research (IEER) finds that, overall, the second audit was thorough. Within the limitations of the available resources, we also find that the audit was complete. 2. The Independent Technical Audit Team's (ITAT) conduct of the audit was exemplary in its openness. We also appreciate the great effort that LANL made in this regard, without which the ITAT's open conduct of the audit would not have been possible. 3. IEER has one major disagreement with the ITAT report on the second audit. The ITAT's finding that Los Alamos National Laboratory (LANL) was in compliance with the Clean Air Act in 1999 should have been conditional rather than unconditional. A finding of unqualified compliance presumes that LANL did all the scientifically work necessary for compliance. However, LANL did not perform an uncertainty analysis, which is a normal and essential part of scientific work that should be done as part of compliance assessment. IEER does not expect that an uncertainty analysis would indicate an upper bound dose over the compliance limit. 4. The ITAT's finding of compliance should be viewed in the context of lack of operations of the main beam at the Los Alamos Neutron Science Center (LANSCE) during 1999. As the ITAT report notes, an increase in LANSCE operations will need careful attention as regards dose and compliance assessment. 5. IEER agrees with the ITAT's decision to do a third audit. 6. The complex terrain model calculations performed by ITAT represent an important beginning to addressing some of the most important technical issues in relation to dose estimation. They should be viewed as preliminary and illustrative and not definitive. The results cast considerable doubt on the assertion that the doses calculated by LANL using the CAP-88 model are uniformly conservative. The ITAT should have recommended that LANL carry forward this work as part of its preparation for the third audit. LANL's efforts should include estimation of doses resulting from short-term releases to resident individuals and to transient receptors, should have finer temporal and spatial resolution, and should address all the important sources of emissions. LANL should also review adequacy of weather data by criteria derived from the needs of complex terrain and transient receptor modeling. 7. The ITAT should have cited two additional technical deficiencies - one relating to the method of estimating moisture in silica gel cartridges and one relating to tritium emissions from TA-33 for the week of August 3, 1999. IEER appreciates that the ITAT has recommended a change in the method of estimating moisture content so as to ensure that the estimates will always be conservative. 8. The ITAT should not exempt AIRNET station movement of less than 500 yards from verification calculations. 9. The ITAT should have recommended that LANL review its neutron dose estimates in light of recent research findings in Europe that TLDs underestimate certain neutron doses, sometimes by large margins. Introduction The Institute for Energy and Environmental Research (IEER) monitored the second Clean Air Act audit of the Los Alamos National Laboratory (LANL) for the year 1999 by the Independent Technical Audit Team (ITAT) from the beginning to the end. IEER participated in the initial scoping meeting, in the site visits and in the review of documentation and technical issues. IEER reviewed the draft report and provided comments to the ITAT. IEER has been assisted in this work and in the review of the final report by staff of the Concerned Citizens for Nuclear Safety (CCNS), notably Joni Arends, who raised many issues and concerns and provided suggestions and review. The role of IEER, which did the expert work in the lawsuit filed by CCNS against DOE that led up to the Consent Decree and the independent audits, is to monitor the audits conducted by the ITAT for thoroughness and completeness on behalf of the plaintiff, CCNS. This IEER role includes a review and comments on the final report of the ITAT team. In April 2000, IEER made its report on the first audit public in April. That report is appended to this report on ITAT's second audit. IEER has reviewed the final report of ITAT's second audit of LANL's compliance with the Clean Air Act during 1999. IEER is in general agreement with the thrust of the ITAT's findings as regards compliance so far as the letter of the Federal Facilities Compliance Agreement (FFCA) is concerned. IEER is also generally in agreement with the technical details of the ITAT findings (with exceptions, including one major item, as specified below). Overall, IEER also finds that the audit was thorough. Within the limitations of the available resources, we also find that the audit was complete. We especially appreciate that the ITAT took the initiative to address the issue of complex terrain modeling, which has been raised by IEER since the beginning of the first audit. Further, the ITAT, led by Dr. John Till, made extraordinary efforts to have an open process, address a variety of issues, including ones that were not directly within the scope of the audit, so far as it was reasonably possible to do so. In this regard, IEER especially appreciates the ITAT recommendation that the term "Kiva," which has special cultural significance for Native Americans, not be used by LANL to refer to its facilities. The site visits, the process of discussion of the issues, the sharing of documentation, the preparation and discussion of the draft report and the logging of comments and responses, have been exemplary. We also appreciate the great effort that LANL made in this regard, without which the ITAT's open conduct of the audit would not have been possible. We find that the DOE as a whole at national level has a great deal to learn from the process of the audit. IEER also agrees with the ITAT decision to carry out a third audit. IEER does have several concerns about the ITAT report both as regards some of its findings and as regards its recommendations, or lack thereof, in certain areas. We consider these issues below. Uncertainty Analysis In its comments on the draft report, IEER requested that the ITAT's finding of compliance with Subpart H be conditioned by a statement that LANL had performed no uncertainty analysis. The ITAT replied that "question remains an outstanding one in our correspondence with the EPA." We agree that the EPA should clarify this issue. We also believe that that EPA should require LANL to perform such analysis in view of LANL's past failure to do it. However, the ITAT also stated that the EPA should address the issue and that "[i]t is not LANL's responsibility to evaluate this uncertainty in their determination of compliance." (Appendix F, p. F-3). For this reason the ITAT did not address the issue of uncertainties in its final report. IEER finds this to be a narrow view by the ITAT of its own responsibilities and, more importantly, of the responsibilities of LANL in regard to the character of scientific work on environmental issues, both for purposes of compliance and for purposes of the scientific integrity of the work. It is true that the EPA regulation does not explicitly call for a determination of uncertainties. However, uncertainty analysis is a normal and routine part of scientific work, notably when assertions are being made that the calculations being done are "conservative." There has been no conclusive demonstration of that assumption by LANL. We do not expect that regulations should set forth the details of how normal scientific work should be carried out. For instance, they do not specify that calculations should be double-checked. But the ITAT has insisted that LANL do so within the context of compliance. This is reasonable and proper not only from the scientific point of view, but also from the regulatory point of view. When LANL certifies compliance, it is simultaneously a legal and scientific statement. IEER cannot agree that the lack of specificity in the regulation about uncertainty analysis absolve LANL of the responsibility to do it. The ITAT's acceptance of the LANL's bureaucratic approach to interpreting the regulation is incorrect and should be modified. It sets a poor precedent that would allow poor scientific practice in other areas if every detail is not written down in the regulation. Our conclusions in this regard are strengthened by the preliminary results of the complex terrain modeling. The results, even though on an annual average basis for just one source, do not indicate a uniform conservativeness of the use of the CAP-88 model. This underlines the need for uncertainty analysis until a fully validated system that ensures conservative calculations is in place Further, IEER has always taken the position that proper scientific procedure and credibility of the work with the public should be an essential part of the process even when the final finding would not be affected. The calculated dose is, in this case, so much below the allowable maximum that an uncertainty analysis would be very unlikely to show an exceedence of the 10 mrem dose at any conventionally used upper confidence bound. Thus, we do not expect such an analysis to call into question ITAT's main finding. But this should not relieve LANL of the responsibility of carrying it out. IEER continues to believe that the finding of compliance should be conditional, based on the failure of LANL to do an uncertainty analysis. This is the most important point on which IEER disagrees with the ITAT's final report. Complex Terrain Model The ITAT has done LANL, the EPA, the US government, and the public at large a very important public service by taking up the challenge of performing an initial set of calculations that take some account of the complex terrain of LANL and its environs. We understand that the limitations of time and resources do not permit more refined or extensive calculations. Only annual average dispersion factors were calculated for the purposes of comparison with the EPA-approved flat-terrain model (CAP-88). The ITAT's calculations should be viewed and preliminary and illustrative. They are not in any way definitive. Among other limitations, they cover only one source and assume a uniform average release from that source. The available meteorological data have considerable gaps, requiring assumptions that could lead to significant uncertainties. Almost all calculations were for annual averages, whereas some of the most important questions relate to short term releases. The finding that some (6%) of the Ç/Q values were higher in the complex terrain model compared to the CAP-88 model provides a clear indication that LANL calculations cannot be accepted to be conservative in all cases. Moreover, the ITAT's tentative explanation that some of the greatest discrepancies may be because the CAP-88 model shows plume lofting effects, while the complex terrain model, CALPUFF, generally does not, is not convincing and does not reflect the details of some of the calculations that have been presented. Specifically, in the West sector azimuth graph in Figure 3 of the main report, CALPUFF shows generally similar plume lofting effects to CAP-88. In fact, the effects as estimated by CALPUFF are somewhat more complex than those estimated by CAP-88. The latter show a single relative maximum, while the former indicate that a second local maximum may occur under some circumstances (though the curve in Figure 3, West azimuth, appears to be flat). For instance, in the South sector graph of Figure 3, CALPUFF shows a more complex pattern than CAP-88. CALPUFF indicates a local minimum at about 600 meters, and a local maximum beyond that, at about 1,000 meters. CAP-88 is incapable of depicting such effects. There is no reason at this time to assume that the CALPUFF model is more or less accurate than CAP-88 for annual average calculations for short distances (100 meters to a few hundred meters from the source). These issues can and should be resolved by LANL by more detailed work. The ITAT's finding that some of the Ç/Q values resulting from the use of CALPUFF exceed those of CAP-88 (including five CALPUFF estimates that are larger than those of CAP-88 by more than a factor of two) shows the crucial importance of uncertainty analysis so long as CAP-88 continues to be used as the compliance method. During the initial discussions of the second audit, LANL admitted the desirability of investigating the issue of the complex terrain model. The ITAT has made partial and illustrative calculations that have opened up new questions. Even annual average calculations and a single source show that CAP-88 may not be conservative at some locations, even though it may be conservative at many or most locations. The ITAT's section on complex terrain modeling in the final report indicates that further work on complex terrain modeling might await a ruling from the EPA. While IEER would agree that the use of complex terrain models for regulatory compliance purposes would have to be approved by the EPA, this does not and should not be a bar to LANL pursuing a scientific investigation of the matter on its own. The EPA cannot dictate to LANL what science LANL should or should not do. The ITAT should indicate to LANL that it expects LANL to continue the work on the complex terrain model that the ITAT has so admirably begun. This work on the complex terrain model should be extended to short-term releases and transient receptors (see next section). This work will also enable LANL to make a more scientific investigation of the claim of conservativeness of CAP-88. Finally, IEER has not had the opportunity to study the model runs in detail. We therefore reserve judgment on the details of the calculations and conclusions until the time that IEER has completed that review. After that work is complete, IEER will to file additional comments on this matter, if it has any, with CCNS and make them public. Short-term releases and transient receptors Ideally, the calculations of the effects of complex terrain should have been accompanied by estimation of doses as a result of puff releases. IEER understands that the constraints of time and resources made it impossible for the ITAT to do a substantial amount of work in this area. The brief effort that was possible clearly shows the need for continuing the investigation. Doses resulting from puff releases may be a much more important factor in the dose to the maximally exposed individual (MEI, as currently defined) than indicated by annual average concentrations. Further, puff releases could also affect transient members of the public at a much larger number of locations than those estimated by annual average calculations. The estimation of doses from puff releases is essential to investigating whether LANL is using the appropriate assumptions for estimating where the maximally exposed individual might be located in any given year. Until these issues are resolved, the use of CAP-88 cannot be regarded as conservative. In the interim, as LANL pursues and refines complex terrain model calculations, it should make uncertainty analysis a formal and central part of its compliance assessment. The ITAT, should indicate to LANL that it expects that LANL's work in preparation for the third audit should include estimation of doses from puff releases to the MEI and to transient receptors using the complex terrain model. Humidity in Silica Gel cartridges The ITAT has recommended that LANL adopt the procedure as regards tritium loading calculations suggested by IEER in its comments on the ITAT draft report. This procedure will ensure that LANL calculations are conservative in all cases. The current LANL procedure does not do this. IEER continues to be believe that the use of the current LANL procedure should have been cited by the ITAT as a technical deficiency. AIRNET station re-location In view of the highly variable topography of LANL, a distance of as much as 500 yards can make for considerable changes in air concentrations. Further, a relocation of less 500 yards at some locations may also significantly change the azimuthal location of the AIRNET station relative to the source. This would correspondingly change the weather patterns at the station. Therefore a shift of several hundred yards may not be equivalent to substantially maintaining the original identity of the station. Accordingly, IEER believes that LANL should perform calculations to verify that a re-location of an AIRNET station remains equivalent even if the re-location is less than 500 yards. The ITAT has not recommended such calculations. It should do so. TA-33 tritium release IEER does not believe that the two assumptions made by TA-33 for estimating releases for the week ending August 3, 1999 lead to a conservative result. The amount of tritium released during that week remains unknown and shrouded in considerable uncertainty. Specifically, we are troubled by the fact that two crucial pieces of equipment seem to have failed during the same period. The duration of the low temperature in the catalytic converter is unknown. Yet the calculated HT concentration is mysteriously about the same as for preceding and subsequent weeks, while the HTO release estimate for the week was roughly a factor of twenty higher. These problems cannot be compensated with confidence by the assumption that the fan was operating all week. It is by no means established that the assumptions made by LANL overestimate the tritium release. There is a possibility that they may have underestimated the releases. Based on available information, it is not possible for IEER to make a judgment on the issue. In view of the forgoing, of two simultaneous failures of equipment essential to monitoring, and of anomalous data for the week, IEER continues to believe that the problem with tritium releases for the week ending August 3, 1999 should have been specified as a technical deficiency. Neutron doses IEER provided the ITAT with a reference as regards recent research in Europe, which shows that certain neutron doses to workers may be vastly underestimated. We appreciate that the ITAT has obtained this literature. However, in view of the underestimates of neutron doses by TLDs documented in this literature, we find it puzzling that the ITAT has concluded that the TLDs would represent a "possible, but not probable upper bound for the neutron dose." In view of the potential for TLDs to significantly underestimate some neutron doses, it is our view that the ITAT should have recommended immediate and urgent review of the neutron dose accuracy by LANL, quite independent of any regulatory considerations. LANL should review its doses in light of available literature, make corrections to past records, if warranted, and ensure that future dose estimates are scientifically supported by the most recent research findings. A failure by LANL to do so could cause considerable damage to public confidence that may extend far beyond the realm of possible neutron doses. IEER recommends that the ITAT indicate that it expects LANL to have taken the necessary actions in regard to neutron dose estimation prior to the commencement of the third audit in 2002. Takoma Park, Maryland, USA Posted July 9, 2001 ***************************************************************** 6 Bill on weapons-grade plutonium ready for ratification [ITAR/TASS News Agency] Story Filed: Wednesday, July 11, 2001 9:15 AM EST MOSCOW, Jul 11, 2001 (Itar-Tass via COMTEX) -- The international affairs committee of the Russian State Duma lower house of parliament has prepared for ratification a Russian-U.S. agreement on utilization of weapons-grade plutonium, the Duma press service reported on Wednesday. Russia and the USA signed in 2000 an agreement on the utilization on each side of 34 tons of weapons-grade plutonium, which may be used as fuel in nuclear reactors. The agreement includes commitment by the USA to allocate 200 million dollars for the construction of necessary facilities, as well as the possibility that the sum could be increased in the future. The entire amount of works to utilize weapons-grade plutonium will take some two billion dollars, Russian experts say. With that in view, the document envisages the setting up of an international mechanism to finance those expenses. It includes, for example, provisions which enable Russia not to begin the construction of facilities to utilize plutonium until an international fund is set up, that will make it possible to bring utilization capacities to two tons of weapons-grade plutonium a year. By Andrei Baturin (c) 1996-2001 ITAR-TASS. All rights reserved. ***************************************************************** 7 Feds may be doling out disappointment July 11, 2001 By Frank Munger News-Sentinel senior writer I don't know how many Oak Ridge workers or former workers will qualify for the compensation program being administered by the U.S. Department of Labor, but I think there's going to be a bunch of disappointed folks. Bottom line: Many people with illnesses possibly linked to their work in Oak Ridge will not qualify. Others have illnesses that probably have no association with the nuclear workplace. That's based on many phone calls I've received and discussions I've had with workers in recent months. The Energy Employees Occupational Illness Compensation Program Act was passed by Congress last year to help workers made sick by exposures in the government's nuclear facilities. But it has limitations, severe limitations. The new law established criteria for a compensation package, ($150,000 lump sum plus medical benefits) for sick workers or, in some instances, their survivors. Those criteria focus largely on contractor or subcontractor workers with radiation-induced cancers, chronic beryllium disease or chronic silicosis. That last category is for workers exposed to silica during the mining of underground tunnels for nuclear weapons tests out West and doesn't really pertain to the Oak Ridge workforce. Generally speaking, Oak Ridge workers may qualify for compensation if (1) their cancers were likely caused by radiation, based on a review of occupational exposure data and medical records, or (2) they have developed chronic beryllium disease, an incurable respiratory illnesses associated with the body's reaction to beryllium. Beryllium was used in warhead production at the Y-12 nuclear weapons plant and was handled to a lesser degree at other Oak Ridge facilities, K-25 and Oak Ridge National Laboratory. There is a whole lot of legislative language regarding how the criteria will be interpreted and how eligibility will be determined, but to be honest, it's not yet clear how easy it will be for workers to qualify. Expert panels reportedly will help make those decisions, but some folks are skeptical. It may be easier for ex-workers at the K-25 plant to qualify because employees who worked in gaseous diffusion operations -- including plants in Paducah, Ky., and Portsmouth, Ohio -- have been granted special status. Certain types of cancer at K-25 will be presumed to have a link to the nuclear workplace, eliminating the need for a "dose reconstruction" to prove there was sufficient radiation exposure to cause cancer. For those with work-related illnesses other than cancer or chronic beryllium disease, there is the possibility of workers' compensation through the state program, and there is a commitment from the Department of Energy to help Oak Ridge workers through the qualifying process. But, again, many folks are skeptical, either because of the statute of limitations for old injuries or because they simply don't trust DOE to do anything. About 1,500 people turned out for four Oak Ridge meetings in late June to hear about the federal compensation program and get help in filling out claims forms. Two more meetings are scheduled for Thursday at the American Museum of Science and Energy, with sessions starting at 1 p.m. and 7 p.m. For those who can't attend, claims forms can be obtained by calling 1-866-888-3322. Or copies of those forms can be found at the Labor Department's Web site: www.dol.gov. Will there be inequities in the program? Sure. A short-time office worker at K-25 who smoked cigarettes and got lung cancer may have a better chance of receiving help than a career maintenance worker at Y-12 who got his lungs obliterated breathing nitric acid. Some of the sick workers who worked hardest to get the legislation passed by Congress will not qualify for the program that finally emerged. There is no category for heavy metal poisoning. This legislation is about lots of things, but don't confuse it with fairness. Not surprisingly, the lure of money has brought about inquiries from many people who once worked at Oak Ridge and have led relatively normal (whatever that is) lives. I'm not suggesting malfeasance or overt greed. Some folks have simply been led to believe the program is for former Oak Ridge workers who have been sick. For instance, a guy called recently to get directions for the one of the meetings. He said he worked at Y-12 for a year during World War II and remembers being in the Oak Ridge hospital for a week with an undisclosed illness. Later in life, he had his gall bladder removed and suffers from arthritis in his hands and hemorrhoids. Where's the link? On the same day, a woman called to find out how to get a claims form. She said her husband had died at an advanced age from complications related to Alzheimer's. I asked if he had suffered other health problems, and she replied: "Oh, no, Honey, he never had a sick day in his life until he got Alzheimer's." Again, these aren't people trying to cheat the system. They simply heard about the program and wanted to see if they qualified. Maybe everybody who ever worked in Oak Ridge deserves a financial stipend of some sort. I don't know. But that's not the kind of assistance program that was passed by Congress. And I'm afraid there's going to be a lot of disappointed people. Senior Writer Frank Munger covers the Department of Energy for the News-Sentinel. He can be reached at 865-482-9213 or at twig1@knoxnews.infi.net. This column is also available on the Web at www.knoxnews.com/editorsview/munger/ ***************************************************************** 8 Workers may not know about aid Wednesday, July 11, 2001 By Beth Barrett Staff Writer Up to 6,000 former San Fernando Valley nuclear research workers could be eligible for $150,000 each in compensation and lifetime medical benefits under a federal program that agencies have failed to aggressively promote in Southern California, the Daily News has learned. The sweeping national program adopted by Congress late last year for the first time recognizes that Department of Energy contract workers at 317 sites around the country might have been harmed by their Cold War work with radioactive materials, including beryllium, a metal which in dust form can cause fatal lung disease. The Santa Susana Field Laboratory, located in the hills between Simi Valley and Chatsworth, is listed both as a DOE nuclear site and as one of only eight beryllium vendors nationwide. Yet the Department of Labor, responsible for overseeing the program, has largely ignored Southern California while holding public meetings, setting up regional centers for applicants and testing workers for beryllium sensitivity elsewhere. An important July 31 deadline is approaching for former workers to send in their applications to be eligible for the earliest possible medical reimbursements. Applicants can continue to file after the deadline, but would receive medical benefits later. "I think it's definitely cheating the employees who are sick and don't know there's the program," said Bonnie Klea, a West Hills bladder cancer survivor who worked nine years as a company secretary delivering paychecks in the lab's high-security areas without a radiation badge or safety training. "I've asked the Department of Labor for a meeting. They said they wouldn't do it unless there were a lot of phone calls that show a lot of interest. It seems like a dumb way to run the system. It's up to them to come into the community and to let people know." Pete Turcic, who oversees the compensation program for the Department of Labor in Washington, D.C., said the agency will service areas like Los Angeles with "traveling resource centers," but that no date has been set. "We're under such tight deadlines," Turcic said. "We're stretched as far as we can go." During the Cold War, there were about 654,000 nuclear workers nationwide, with about 51,000 of those at 20 facilities in California. While successful claims are anticipated from only a fraction of those workers, the bill to taxpayers is anticipated to be about $2 billion over the next five years, according to Labor Department estimates. Workers who qualify for the compensation package must agree not to sue. Activists said the program -- if run properly -- represents a "sea change" in government attitudes after years of denial. "For half a century, the federal government has denied any of its nuclear facilities harmed any of its workers and they fought tooth and nail any time an employee tried to get recompensated for a cancer," said Dan Hirsch, president of the Committee to Bridge the Gap, a local nonprofit nuclear watchdog group. "The federal government now concedes its workers were harmed and it is going to try to remedy the situation with compensation." The extent of historical nuclear experimentation conducted by the Santa Susana lab's former owners, Rockwell International, was first documented by the Daily News in 1989, followed by epidemiological studies that showed elevated cancer death rates among workers exposed to external radiation. Documents further revealed that two dozen workers were overexposed to uranium dust in 1966 and 1967 at the company's De Soto Avenue plant. But its former beryllium operations were never disclosed prior to a June 11 notice in the Federal Register. Robert Alvarez, senior policy adviser to former Energy Secretary Bill Richardson and now the head of a New York foundation advocating for nuclear workers, said he was surprised by the Santa Susana lab designation as a beryllium vendor. He said the government should immediately begin beryllium screening -- which can detect sensitivity to the metal, an indicator before the progressive beryllium disease develops. Victims' lungs scar and eventually they choke to death. "If there is no beryllium screening of workers there, it should be done forthwith," Alvarez said. DOE officials said screening is being done at some sites, but none mentioned being aware of the health tests being done for former Santa Susana workers. An official with Rocketdyne Propulsion &Power, a business unit of The Boeing Co., which purchased Rockwell, said the lab's designation as a beryllium vendor surprised the firm, saying that while the metal was used in the research reactors, it was not used in large quantities. "We certainly utilized beryllium for certain components in some of the reactors we manufactured in the SNAP (Systems for Nuclear Auxiliary Power) program, designed for space applications, but I don't believe that warrants us being a beryllium vendor, someone who processes large amounts of beryllium ore," said Phil Rutherford. the company's manager of radiation safety. The SNAP program was discontinued in the late 1960s, Rutherford said. He said that while the Department of Labor is the lead agency in the workers' compensation program, Rocketdyne has published information in its online newsletter with a link to the Department of Labor Web site, and company officials have said it will cooperate with providing individual exposure records. Rutherford said no review of employees' records has been made independently to try to determine the number of workers who might qualify for the program, noting that the DOE estimates only about one-half of 1 percent of workers nationwide will qualify. Alvarez, the former energy adviser, said the program, despite its flaws, in unprecedented. "It's a very big step. I'm unaware of any other law in any country in the world where a government has basically set up a formal, nationwide program to compensate its workers." Added Klea, the former company secretary, "I'm excited, because the truth finally came out. They denied all these years they did anything wrong to the workers. The truth is, they're on the list." For information on the compensation program, call the Department of Labor toll-free at (866) 888-3322, or go to the agency's Web site at www.dol.gov, where there is a link to the program. A Los Angeles Newspaper Group Newspaper ***************************************************************** 9 Your Views: Comments on sick-worker bill - Jim Phelps Oak Ridger Online --> Story last updated at 11:39 a.m. on Wednesday, July 11, 2001 To The Oak Ridger: It appears the local sick worker group that claims to have led the sick worker compensation bill appeared to have missed getting the needed DOL presents from their president's appearance in the June 27 Parson's Oak Ridger article on the recent compensation meetings. CHE president Harry Williams and many others found that the bill they led offered little or no help to those with chemical injuries due to exposures from the K-25 chemical processing plant. Perhaps 5 percent of their members found assistance in the low bid DOE compensation bill. CHE helped play up radiation, beryllium, and other metals, and the massive chemical fluoride exposure problems causing 90 percent of their members ills and connected to K-25 were not emphasized in congressional testimony. Chemical exposures cause illness like CFS that are fully disabling and lead to other, more serious diseases over time due to failing immune system and this is widespread exposure in the CHE-exposed persons. K-25 has massive toxic fluorides emissions problems that have been connected with health harm to other industries' workers and communities for more than 100 years, yet those that lead the compensation bill appear to have left this off as a problem and it is not included in the bill at levels of the other toxics. It appears the problems with no compensation presents for "The Exposed" stems from the "Barney Fife" like leadership of CHE. Williams, when he worked for K-25, experienced folks tampering with his gun's trigger pull, not to mention he was going to "lock and load" on some kids trespassing at a nearby church on K-25 land. He was eventually moved to the training center on Bear Creek Road due to these classical chemical effects on his performance and health. He eventually became to impaired to perform even this job. These are all the problems connected with chemical injury. CHE obviously is not well endowed with intellectual direction for prioritization and very chemically challenged, and the failings of CHE to get the compensation job done lies squarely with Harry Williams' leadership role. He also has a technical adviser that imagines himself a coyote, and their dysfunction is known nationally. The vulnerable CHE leaders appear to have fallen for a decade-old ORNL plan to hide the dominate fluoride toxic effects from K-25 that poses an extreme liability issue for these plants and their managers that not only failed to protect folks from these toxic problems, but also actively planned to hide the effects. So goes the plight of the gullible chemically affected sick workers in Oak Ridge as they follow the DOE's planted pied pipers to get bills that look more like con jobs run through Congress. At any rate, CHE's president looked like a little kid at Christmas with no presents under the tree. He got exactly what he networked for, a radiation compensation bill for workers at a chemical processing plant that were poisoned with fluorides, or essentially nothing. With true "keystone kop" comedy of errors style, let's all lend an "Atta-boy, Barn" for CHE's help in saving the federal treasury outlay for compensation at a fluoride chemical processing plant. Atta-boy Harry. Jim Phelps Knoxville All Contents ©Copyright The Oak Ridger ***************************************************************** 10 Senate OKs $6.5B Spending Measure July 10, 2001 WASHINGTON (AP) - The Senate approved $6.5 billion more this year for defense and other programs Tuesday after Democrats and Republicans blocked each other's efforts to protect Social Security and Medicare trust fund surpluses. The spending measure, approved by a 98-1 vote, is for the remaining three months of fiscal 2001 and is dominated by $5.9 billion for the Pentagon and the Energy Department's nuclear weapons work. An additional $600 million is for cooling and heating aid for the poor, bolstering security at the upcoming Salt Lake City Olympics and a slew of other domestic activities. These included $84 million to compensate miners and civilians sickened by nuclear weapons testing in the Southwest in the early days of the Cold War; $100 million to help the United Nations' fight against AIDS in Africa; and $116 million to process and mail rebates to taxpayers this year included in the $1.35 trillion, 10-year tax cut President Bush signed into law last month. Sen. Russ Feingold, D-Wis., cast the sole dissenting vote. Sen. Craig Thomas, R-Wyo., was absent. The House approved a similar bill in June. Leaders hope a compromise measure can be sent to Bush next week. Added late Tuesday by voice vote were items senators won for their home states. These included $1.4 million by Sen. Barbara Boxer, D-Calif., to combat a disease afflicting California oak trees, and a temporary prohibition against the Air Force retiring 33 long-range B-1 bombers based in Kansas, Georgia and Idaho for the remaining months of fiscal 2001. Debate over the bill also featured the year's first effort to roll back part of the tax reduction. By a 94-3 vote, senators crushed an effort by Sen. Ernest Hollings, D-S.C., to eliminate the refund checks that the Treasury expects to begin mailing to taxpayers later this month. And by 50-49, senators rejected an attempt by Sen. Charles Schumer, D-N.Y., to strip $33 million from the measure for the costs of an upcoming mailing telling taxpayers they will soon get rebate checks. Republicans said the letter would be informative, while Democrats called it a costly effort to claim credit for Bush and Congress. By 54-43, the Senate rejected a Republican proposal that would have automatically triggered across-the-board spending cuts if the Social Security trust fund were to be eroded. Sen. George Voinovich, R-Ohio, the sponsor, called his plan "a firewall against irresponsible spending." But Senate Budget Committee Chairman Kent Conrad, D-N.D., said, "I call it the Republican broken safe, because there's not a penny reserved for Medicare." Minutes earlier, senators voted 54-42 to block a Democratic plan requiring the assent of 60 of the 100 senators to approve tax cuts or new spending that would eat into the projected surpluses of Social Security and Medicare. Both votes were nearly along party lines. So-called lock box plans have failed to make into law before, and Tuesday's votes were no surprise. Even so, with partisan finger-pointing escalating over who is to blame for dwindling surplus projections, each party's proposal allowed it to claim it opposes raids on popular programs for the elderly and disabled. Democrats have blamed the tax cut for draining federal surpluses that could otherwise be used for schools, defense and other programs. Combatting that view, Vice President Dick Cheney left a lunch with GOP senators to tell reporters that the tax cut has proven "absolutely vital" in keeping the economy from slumping even further. Though the slower economy and enactment of the tax cut have shrunk projected federal revenue collections, this year's surplus is still expected to be close to $200 billion. The surplus for fiscal 2002, which starts Oct. 1, seems likely to be the same size or bigger. But about three-fourths of the projected surplus comes from Social Security, money that both sides agree should not be used for other spending or to pay for tax cuts. An additional $28 billion of this year's surplus is projected to come from Medicare, which Democrats and some Republicans also consider untouchable. As a result, there is a chance that further tax cuts, new spending or a continued slowdown of the economy might end up eroding Medicare or Social Security trust funds this year and next. Citing that danger, Voinovich proposed the GOP plan for shielding the Social Security trust fund. But most Democrats opposed it because spending reductions would be triggered even if tax cuts or a slower economy were eating into Social Security. The Democratic alternative raised the ante by protecting Medicare, not just Social Security. But many Republicans argue that Medicare surpluses should be used to create new prescription drug benefits and to otherwise overhaul the health-insurance program. In fact, Bush's 2002 budget and the GOP-written budget that Congress approved this spring might not be able to afford to revamp Medicare without dipping into Medicare funds. Meanwhile, a subcommittee of the House Appropriations Committee approved a measure providing $111.3 billion for housing, veterans, the environment and other programs in 2002. The GOP-written bill would eliminate the Americorps national service program, a favorite of former President Clinton that Bush proposed continuing. A Democratic effort to revive the program is expected in coming weeks. The full Appropriations Committee later approved a $15.2 billion foreign aid bill after blocking a Democratic effort to shift money from drug-fighting efforts in Colombia to international children's health programs. It also approved a $38.5 billion measure financing the Commerce, Justice and State departments. All contents copyright 2001 Las Vegas SUN, Inc. ***************************************************************** 11 Senate Passes 2001 Spending Bill July 10, 2001 WASHINGTON (AP) - Congress may ship President Bush a compromise bill next week beefing up this year's defense budget now that the Senate has finished its version of the measure after a battle over the surplus and the recent tax cut. Senators voted 98-1 Tuesday for the $6.5 billion legislation, which is dominated by $5.9 billion for the Pentagon and Energy Department nuclear weapons activities. The measure also has $600 million for domestic programs, ranging from helping the poor pay heating and cooling bills to aiding residents of North Dakota's Turtle Mountain Indian reservation whose homes are infested with a sickening black mold. The House passed its own $6.5 billion measure last month. Bush, who supports most elements of both bills, requested the money in early June. The money is for the rest of fiscal 2001, which runs through Sept. 30. Sen. Russell Feingold, D-Wis., cast the only vote against the bill Tuesday. Sen. Craig Thomas, R-Wyo., was absent. The Senate bill contains $84 million for miners and civilians sickened by nuclear weapons testing in the Southwest in the early days of the Cold War; $100 million to help the United Nations fight AIDS in Africa; and $116 million to process and mail rebates to taxpayers this year mandated by the $1.35 trillion, 10-year tax cut Bush signed into law last month. With the slower economy and the recently enacted $1.35 trillion, 10-year tax cut diminishing near-term budget surplus projections, both parties used the spending measure to position themselves as earnest protectors of programs for the elderly. By 54-43, the Senate rejected a Republican proposal that would have automatically triggered across-the-board spending cuts if the Social Security trust fund were to be eroded. Sen. George Voinovich, R-Ohio, the sponsor, called his plan "a firewall against irresponsible spending." Most Democrats opposed the measure because, they argued, it would be unfair to cut spending if tax cuts or a weakening economy were the reasons the Social Security funds were being drained. Minutes earlier, senators voted 54-42 to block a Democratic alternative requiring the approval of 60 of the 100 senators to approve tax cuts or new spending that would eat into the projected surpluses of Social Security and Medicare. Many Republicans believe that Medicare's surpluses should be used to finance new prescription drug benefits or an overall revamping of the health-insurance program for the elderly. In the year's first assault on the tax reduction, senators voted 94-3 against a proposal by Sen. Ernest Hollings, D-S.C., to eliminate the refund checks that the Treasury expects to begin mailing to taxpayers later this month. By 50-49, senators also rejected an attempt by Sen. Charles Schumer, D-N.Y., to strip $33 million from the measure for the costs of an upcoming mailing telling taxpayers they will soon get rebate checks. Republicans said the letter would be informative, while Democrats called it a costly effort to claim credit for Bush and Congress. Senators also voted 83-16 to kill an effort by Sen. John McCain, R-Ariz., to add $848 million more to this year's defense budget for equipment, training and other costs. The money would have come from cutting NASA, job training and other programs. McCain said his amendment would have supplied "the bare minimum" military leaders say they need this year. But he ran into opposition from senators reluctant to give Bush more defense spending than he has requested and unwilling to trim domestic activities. Feingold found a similar reluctance to alter budget priorities when the Senate voted 79-20 to kill his drive to shift $593 million from the troubled Osprey V-22 tilt-rotor aircraft to efforts to control AIDS, tuberculosis and malaria overseas. Meanwhile, a subcommittee of the House Appropriations Committee approved a measure providing $111.3 billion for housing, veterans, the environment and other programs in 2002. The GOP-written bill would eliminate the Americorps national service program, a favorite of former President Clinton that Bush proposed continuing. A Democratic effort to revive the program is expected in coming weeks. The full Appropriations Committee later approved a $15.2 billion foreign aid bill after blocking a Democratic effort to shift money from drug-fighting efforts in Colombia to international children's health programs. It also approved a $38.5 billion measure financing the Commerce, Justice and State departments. All contents copyright 2001 Las Vegas SUN, Inc. ***************************************************************** 12 Court Starts Retrial of Russian July 11, 2001 MOSCOW (AP) - The espionage retrial of military journalist Grigory Pasko opened Wednesday in Russia's Pacific port of Vladivostok, with a list of 31 new witnesses, a defense lawyer said. Pasko is accused of divulging state secrets on the combat-readiness of Russia's Pacific Fleet to Japanese media. But his supporters say the case is retaliation for his sharply critical environmental reporting, which included a story on the Navy's dumping of radioactive waste into the Sea of Japan. Judge Dmitry Kuvshinnikov summoned 28 Russian witnesses and three Japanese reporters who are now outside Russia, lawyer Anatoly Pyshkin said. The reporters worked for Japan's state-run NHK television and the Asahi newspaper, for which Pasko wrote as a free-lancer, according to Pyshkin. The court, closed to the public because of the secrecy charges, is expected to start hearing witness testimony July 23. The judge also ordered experts to establish the authenticity of Pasko's voice in phone conversations recorded by security agents and to determine whether the classified documents in the case were indeed secret. Pasko is one of several Russian whistle-blowers and researchers recently accused of espionage for passing allegedly classified information to foreigners. Arms control researcher Igor Sutyagin is currently on trial in the central Russian city of Kaluga on charges of spying for the United States. In Pasko's first treason trial in 1999, he was sentenced on lighter charges of abuse of office and was freed immediately under a general amnesty. Seeking a full acquittal, Pasko appealed the verdict - but so did prosecutors, insisting that he was a spy. The Supreme Court in Moscow sent the case back last year for trial by a different judge. Pasko, who quit his previous job as a reporter for the Pacific Fleet newspaper Boyevaya Vakhta, or Military Watch, faces between 12 and 20 years in prison if convicted. All contents copyright 2001 Las Vegas SUN, Inc. ***************************************************************** 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: *****************************************************************