***************************************************************** 04/12/02 **** RADIATION BULLETIN(RADBULL) **** VOL 10.93 ***************************************************************** RADBULL IS PRODUCED BY THE ABALONE ALLIANCE CLEARINGHOUSE ***************************************************************** NUCLEAR POLICY 1 US: Report cites $54 billion in wasteful anti-environmental govt. 2 US: Moderator shuts down nuclear debate 3 RU: Activists: No Nuclear Imports 4 Russia Offers Vietnam Nuclear Plant 5 US: South Carolina Battles U.S. on Plutonium 6 US: Nuclear fix's cost hiked by millions 7 US: N-Plants Still Lack Security 8 Bulgarians demonstrate for nuclear power 9 US: Report cites $54 billion in wasteful U.S. government projects NUCLEAR REACTORS 10 US: NRC to Meet with Company to Discuss Nine Mile Point Performance 11 US: Energy NW errors rose in '01 12 US: San Onofre Nuclear plant remains safe despite two security breac 13 US: Security upgrades at nuclear plants are behind schedule 14 Belarus to Blackburn: that's the aim of a 'friend' of Chernobyl chil 15 Belarus reports high incidence of thyroid cancer NUCLEAR SAFETY 16 East Anglian troops find nuclear haul 17 Radioactive equipment found in Kabul NUCLEAR FUEL CYCLE 18 US: Judge won't rule on wisdom of N-waste facility 19 US: Judge hears nuclear storage case 20 US: Cotter won't give up on plans for radioactive dirt 21 US: Feds OK shipments from Flats 22 US: Nuclear waste bound for Yucca could cross much of California 23 US: Yucca: Of course they don't want it 24 US: Nevada files lawsuit against the Nuclear Regulatory Commission 25 US: Congressional hearing moved up to beat speedy Yucca vote 26 US: Standoff Over Plutonium Shipments 27 US: Security rests with Yucca Mountain 28 US: California route is a possibility for Yucca waste 29 US: Nye County needs to get the word out about Yucca location - 30 US: NRC hearing outlines transportation issues - 31 US: LETTERS: Yucca coverage Unbalanced 32 US: Yucca opposition expands litigation 33 US: Yucca: Ensign goes door-to-door to lobby fellow Republicans 34 US: N.B. to probe possible nuclear waste violation 35 US: Nevada files suit on new Yucca rules 36 US: Nevada's anti-Yucca fight turns green 37 US: Editorial: Dropping the ball on nuke dump 38 US: Editorial: Nuke waste: Burial not the only answer 39 US: Letter: Build Bush a house next to nuke dump 40 US: Utah N-Waste Ban Argued in U.S. Court 41 US: N.J. Toxic Dirt Coming to Utah 42 US: Mystery barrels unearthed 43 US: Regulators wait to sign off on DOE waste plan 44 US: Project tackles liquid mercury waste 45 State to offer USEC incentives: Paxton 46 US: ENERGY: Safety is the answer 47 US: Yucca Sucks (Too) 48 US: DOE Urges South Carolina Governor Hodges To Sign Plutonium 49 US: Gibbons Commends Transportation Chairman for Leadership on Yucca 50 US: Radioactive waste on rig sparks disposal fears 51 US: Plan takes nuclear waste down I-75 52 US: Unlikely Allies in Nuclear Waste War 53 US: County remains neutral on Yucca NUCLEAR WEAPONS 54 US: US defence shield may use nuclear missiles in outer space 55 US: US revives cold war nuclear strategy 56 US: WEN HO LEE: VICTIM OR SPY? 57 US: EDITORIAL: America should reconsider its policy on nuclear arms 58 US: Nuclear warheads firm wins UK safety award US DEPT. OF ENERGY 59 Lawrence Berkeley Lab Scientists Propose New Research Facilities 60 Lab asks judge to review $1 million verdict 61 S.C. objections won't keep Rocky Flats plutonium out, energy czar sa 62 Fluor to lay off 83 this month 63 Manager denies doing wrong 64 Y-12 protesters threatened with federal charges OTHER NUCLEAR 65 Enron Unit Headed by Army Secretary White Helped Manipulate Californ ***************************************************************** ***************************************************************** FULL NEWS STORIES ***************************************************************** ***************************************************************** 1 Report cites $54 billion in wasteful anti-environmental govt. Date: Fri, 12 Apr 2002 09:58:44 -0500 (CDT) Report cites $54 billion in wasteful U.S. government projects Friday, April 12, 2002 By Reuters WASHINGTON -- The U.S. government could save $54 billion over five years by cutting spending for coal and nuclear technologies, road construction in forests, and more than 70 other programs that are wasteful and damage the environment, interest groups said Thursday. The Green Scissors report, issued annually by a coalition of environmental and consumer groups, urged the government to reduce spending for several agriculture, energy, public lands, transportation, water, and international projects and programs. The report highlighted 10 projects, dubbed as "choice cuts," that the coalition will target in Congress this year. Coalition members include Friends of the Earth, Taxpayers for Common Sense, and the U.S. Public Interest Research Group. Budget cuts highlighted in the study include: . Changing the 1872 Mining Law that allows mining companies to remove minerals from publicly owned lands without paying royalties to the government by implementing a royalty fee that could raise $394 million over five years. . Expediting the completion of the Clean Coal Program by stopping projects that have not yet been started, saving about $253 million. The Green Scissors report also suggested cutting the Bush administration's $2 billion clean coal program that offers subsidies to encourage the industry to develop cleaner burning technologies. . Eliminating the Nuclear Energy Technologies program and the Department of Energy's Nuclear Energy Research Initiative and Nuclear Energy Plant Optimization programs that were created to help improve the use of nuclear power. Removing these could save more than $252 million during the next five years. . Cutting funding for construction, planning, and designing of new roads used for logging in U.S. forests, saving $312 million over five years. . Stopping the Yucca Mountain project in Nevada without an independent review. This will save taxpayers $375 million in fiscal year 2002. President George W. Bush in February named Yucca Mountain as the permanent federal site to store tens of thousands of tons of waste from nuclear power plants across the nation. Copyright 2002, Reuters ***************************************************************** 2 Moderator shuts down nuclear debate By Brian Falk MPG Newspapers PLYMOUTH (April 11) - A judge could end up deciding the fate of a town meeting petition that calls for the temporary closure of Pilgrim nuclear plant. The petition, sponsored by Precinct 12 representative Bill Abbott, asks the Nuclear Regulatory Commission and the state to temporarily close Pilgrim, review its security against terrorist attacks and shut the plant down permanently if its safety cannot be guaranteed. As expected, town meeting moderator Steven Triffletti ruled the petition o ut of order and prevented debate on the issue Saturday. Triffletti said the petition, which has no binding authority, is outside the scope of town meeting powers. Abbott challenged Triffletti's ruling on the floor of town meeting, arguing that debate on the petition falls within the broad legislative powers granted to town meeting under the current charter. He cited previous town meeting votes on resolutions. Failing to convince Triffletti, Abbott said Saturday he might take the issue to sup erior court and ask a judge to overrule the moderator's decision. But this week, after talking to some of the 200 other residents who signed the petition, Abbott said he intends to put the decision on hold until after a public forum on nuclear security scheduled April 21. "It may or may not be necessary, but we'll wait and see what happens on the 21st," said Abbott. Both Abbott and Triffletti are attorneys. U.S. Rep. Bill Delahunt, D-Mass, is hosting the forum on April 21 at noon in the North High School auditorium. He's invited a panel of nuclear experts, emergency planners and independent scientists to discuss security and engage in a question and answer session with the public. Triffletti said that forum, not town meeting, is the appropriate place to address Abbott's petition. Permitting debate on the petition would also set a bad precedent, according to Triffletti. "If I were to allow this I would have to allow every other petitioner resolution that comes before tow n meeting," he told the representatives on Saturday. Abbott reminded Triffletti that Plymouth's town meeting debated and passed non-binding resolutions long before he was elected moderator in 1993. Resolutions in the 1980s and 1990s included support for a U.S. Senate bill to make John F. Kennedy's birthday a national holiday, a recommendation that selectmen terminate a wharf lease and opposition to putting another airport in town. "Legislatures and town meetings throughout New England have b een debating and passing resolutions such as this since the beginning of the Republic," Abbott told Triffletti. If the April 21 forum leads to a good public debate, and residents are able to get their views across to the state's congressmen, Abbott said he will not pursue the issue in court. Abbott said it is "very encouraging" that Delahunt has invited independent scientists, who may disagree with the NRC on plant security. Abbott said there are cases where judges have overruled moderators, but Triffletti said he stands by his decision, and believes a judge would back him up. "Both our charter and our state law provide a lot of discretion for moderators, and that's as it should be," Triffletti said. "Our legislative body is large and diverse, and there needs to be an internal arbiter of controversy." As an opponent of the proposed charter change that would replace town meeting with a town council, Abbott said he hopes to point out the strengths of town meeting by challenging T riffletti's ruling. "Town meeting should be a vigorous body where things can be debated, and it's important to fight for the integrity of town meeting," he said. "Town meeting is pretty boring if you're just sitting and hearing warrant article after warrant article," he added.


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***************************************************************** 3 Activists: No Nuclear Imports [http://www.moscowtimes.ru Friday, Apr. 12, 2002. Page 3 The Moscow Times The Nuclear Power Ministry does not intend to import any spent nuclear fuel this year or in the next few years, environmentalists said Thursday after a meeting with Nuclear Power Minister Alexander Rumyantsev. "The minister said that in the coming years he does not see a market for the import of spent nuclear fuel," said Ecodefense co-founder Vladimir Slivyak, who attended the meeting Wednesday along with representatives of six other environmental groups. Rumyantsev's remarks appear to contradict earlier ministry statements that plans were going ahead to import 20,000 tons of spent nuclear fuel for storage, a scheme it estimated would earn Russia about $20 billion over 12 years. President Vladimir Putin signed a controversial bill allowing the imports last July, despite protests from environmentalists who warned Russia would be turned into a nuclear dump. Nuclear Power Ministry officials could not be reached for comment Thursday. "Just as we thought, no market for the import of spent nuclear fuel exists," Slivyak said. Slivyak also said environmentalists were pleased with their talks with Rumyantsev, although the meeting took place a year after his appointment. "We saw that the minister considers environmentalists to be a major force that will not allow him to implement many of the dubious projects thought up by his agency," Slivyak said. [http://www.moscowtimes.ru ***************************************************************** 4 Russia Offers Vietnam Nuclear Plant www.moscowtimes.ru Friday, Apr. 12, 2002. Page 5 Reuters HANOI, Vietnam -- Russia has offered to build Vietnam's first nuclear power plant, a Russian executive said Thursday, a project that could take about a decade to complete. The executive from Atomstroiexport, an affiliate of Nuclear Power Ministry, said the Russian nuclear experts gave presentations on Thursday to Vietnamese officials, including some from state utility Electricity of Vietnam. The executive, who declined to be identified, said the Vietnamese audience included officials from the Planning and Investment Ministry and EVN's Energy Institute, which is in charge of planning the nuclear plant. "We are interested in building such a plant in Vietnam and Russia is ready to do it," the executive said at a business meeting on the sidelines of an international trade fair in Hanoi. www.moscowtimes.ru ***************************************************************** 5 South Carolina Battles U.S. on Plutonium April 12, 2002 By DAVID FIRESTONE ATLANTA, April 11 — Unable to reach agreement on the future of plutonium shipments to South Carolina, the governor and the federal Department of Energy threatened each other today with a showdown over the processing of nuclear waste that the government says is vital to national security. Spencer Abraham, the secretary of energy, sent a letter to the governor, Jim Hodges, offering a written agreement and new legislation ensuring that the plutonium would not be permanently stored in South Carolina after it was processed at the Savannah River Site in the southern corner of the state. If the governor cannot accept those promises, Mr. Abraham wrote, the Energy Department will revoke them on Monday and begin shipping the waste into South Carolina. But Governor Hodges said the government had failed to make a legally binding promise not to store the plutonium in his state, and he demanded that the two sides get a court order enforcing the promise. Without an agreement that the promise was enforceable in court, he said at a news conference today, he will physically prevent the Energy Department's trucks from rolling over the state line. "We want to make sure South Carolina has the legal tools available to make sure the government keeps its promises," Mr. Hodges told reporters today. "There will be no plutonium shipments until they do so." The 34 metric tons of plutonium under debate was left from the production of nuclear weapons, and much of it is stored at the defunct Rocky Flats Arsenal in Colorado, which is scheduled to be dismantled by 2006. In 1996, in an effort to prevent the plutonium from falling into the wrong hands, the United States and Russia agreed to take equal amounts of plutonium out of their nuclear stockpiles, and the government plans to convert the material to fuel for nuclear power plants at the South Carolina site and then distribute it to nuclear plants around the country. (The fuel cannot be used for weapons.) In his letter, Mr. Abraham committed the federal government to processing and removing the fuel, or removing the plutonium if for any reason it could not be processed. He offered to submit legislation to Congress that would guarantee such a removal, and said the government would stop shipping plutonium if the legislation was not passed by Oct. 15. "I believe we have gone to extraordinary lengths to endeavor to accommodate your concerns on every point," the secretary said in his letter. Any further delay, he said, would undermine the disposal agreement with Russia and would jeopardize other cleanup efforts around the nation, including the timely closure of Rocky Flats. The governor responded that he would accept Mr. Abraham's terms only if they were entered into an order in Federal District Court. Otherwise, he said, a new administration or a new Congress could change its mind down the road and leave South Carolina holding the nuclear waste that no other state wants. But the Energy Department said that a matter of national policy could not be left up to the courts. Clearly political considerations are part of the dispute. Mr. Hodges is a Democrat and will win points in his state for standing up to Washington, while Republicans in South Carolina are backing the Bush administration and saying it has made a good-faith offer. But underlying the politics is a familiar issue of national policy regarding which state will have to accept nuclear waste. Colorado wants to see Rocky Flats dismantled, and Senator Wayne Allard, a Republican from the state, accused Governor Hodges this week of endangering national security by playing politics with the shipments. Nevada officials are bitterly fighting the Bush administration's plan to store wastes in Yucca Mountain. Turning the plutonium into nuclear fuel will solve part of the disposal problem, but Mr. Hodges made it clear this week that he was not willing to put his trust in the promise of such technology. Officials predicted today that the situation would be resolved short of a border confrontation, but both sides remember that Idaho stopped incoming shipments of waste in 1988 using the state police. Copyright 2002 The New York Times Company | Privacy ***************************************************************** 6 Nuclear fix's cost hiked by millions Beacon Journal | 04/11/2002 | [http://www.ohio.com] [Ohio Photos] Engineering costs push FirstEnergy's estimate to at least $16 million By Jim Mackinnon Beacon Journal business writer ROCKVILLE, MD. - FirstEnergy's groundbreaking attempt at high-tech dentistry to fill a cavity in its damaged Davis-Besse nuclear plant will cost at least $16 million, $6 million more than its previous highest estimates, the company said yesterday. It's possible the cost will exceed $20 million, a FirstEnergy executive said yesterday in a meeting with Nuclear Regulatory Commission officials. Increased engineering costs were the biggest reason for the higher estimates, the company said. Fixing the plant looks to be a complicated process, based on the preliminary information FirstEnergy provided to the NRC yesterday. The Akron utility said it is devising how to use a high-pressure water jet to carve out steel surrounding a 6-inch-deep cavity unexpectedly found in early March on top of theDavis-Besse reactor vessel head, a 150-ton steel dome that covers the radioactive fuel. Because high radiation levels at the reactor vessel head would severely limit the time a human could work there, FirstEnergy hopes to use robots to do much of the repair work. ``It will primarily be a round-the-clock effort,'' said John Wood, FirstEnergy vice president for engineering services. A 13-inch-diameter stainless steel plate, weighing between 300 and 400 pounds, would be welded into place on the reactor vessel head. The plate wouldn't be susceptible to boric acid corrosion, the company said. A second, smaller cavity on the vessel head will require a less complicated repair, the company said. The repairs will be designed to last through 2017, when the nuclear plant's operating license expires. But it's likely that the reactor vessel head will be replaced in 2004 with a new one the company ordered last year. ``What we don't want to say is this (repair) is a stopgap,'' Wood said. Repair costs could exceed $20 million, he said, but a spokesman for the utility later said that $16 million is a more accurate figure. The company still hopes to have the repairs finished and the plant restarted by the end of June, Wood said. Once the repairs start, the company hopes to finish them within four weeks. The repairs will have to withstand high radiation, constant pressure of 2,200 pounds per square inch and temperatures between 550 and 600 degrees Fahrenheit. This will be the largest repair ever performed on an operating reactor vessel head, said Jack Strosnider, director of the division of engineering in the office of Nuclear Reactor Regulation. ``Hopefully, Davis-Besse is the only plant that has to deal with this,'' he said. ``Hopefully, it will not be a precedent-making repair.'' So far, no other nuclear power plants of similar design have reported finding the same kind of corrosion that led to the creation of two cavities at Davis-Besse, NRC officials said yesterday. Before the NRC can approve the Davis-Besse repairs, investigators have to file a final report on what caused the acid damage. Preliminary tests show that boric acid, which is part of the reactor coolant, leaked through hairline fractures in what are called nozzles on top of the reactor vessel head. The boric acid then started eating two cavities around two of the nozzles. Only a thin layer of stainless steel that lines the inside of the reactor vessel head prevented a rupture that would have let radioactive coolant spew into the containment chamber that surrounds the reactor. The company has not formally submitted its repair plans to the NRC -- yesterday's four-hour meeting at NRC headquarters was designed to let the company explain its concept and to answer any initial questions. Brian Sheron, associate director for project licensing and technical assessment at the NRC, said the agency has the authority to approve or reject First-Energy's repair plans, but it does not have the authority to compel the utility to take other action such as replacing the vessel head with a new device. Once FirstEnergy submits its formal repair plans, the NRC staff will take as much time as needed to review them, Sheron said. He said he can't speculate how long that would take, but he did say that the repairs are just one step in a process heading toward restarting the plant. Davis-Besse, in Oak Harbor on the Lake Erie shoreline, has been shut down since Feb. 16 for refueling, a safety inspection and now repairs. Nuclear power opponents have called upon federal and state regulators to close the plant, saying it is a threat to people and the environment. Paul Gunter of the Nuclear Information Resource Service in Washington said he's skeptical that the plant can be safely repaired based on the history of Davis-Besse management. ``The utility is driving the regulator into uncharted water,'' Gunter said. David Lochbaum, the nuclear power expert for the Union of Concerned Scientists, said he was pleased that a lot of technical questions were directed at FirstEnergy officials and their contractors. He also said it was encouraging that the company and its representatives were able to answer the questions there. At other NRC meetings he has attended, the people facing the NRC often responded with ``We'll get back to you,'' he said. NRC staff members questioned FirstEnergy on numerous technical details of their plan. For example, a small piece of carbon steel, which corrodes when exposed to boric acid, will be constantly in contact with the coolant. But FirstEnergy said extremely low oxygen levels in the coolant will prevent the acid from damaging the steel. FirstEnergy shares rose 64 cents yesterday to $33.99. Jim Mackinnon can be reached at 330-996-3544 or jmackinnon@thebeaconjournal.com [jmackinnon@thebeaconjournal.com] ***************************************************************** 7 N-Plants Still Lack Security The Salt Lake Tribune -- Friday, April 12, 2002 BY SETH BORENSTEIN KNIGHT RIDDER NEWS SERVICE WASHINGTON -- Nearly three-quarters of the nation's nuclear power plant operators are behind schedule on new federally mandated security upgrades, mostly dealing with truck bombs, the Nuclear Regulatory Commission said. Truck bombs are one of the most commonly used and easiest to obtain terrorist weapons, and anxiety about them has grown since Sept. 11. That worry appears to be behind many security upgrades ordered in February by the commission, which governs nuclear plants. The orders included preparing a detailed analysis on the vulnerability and consequences of a truck bomb attack, commission spokesman Victor Dricks said Thursday. The power plants do not publicly disclose why they need more time, but Dricks said nearly 90 percent that say they can't make their deadlines are having problems with the truck bomb analysis. Dricks confirmed that operators at 47 of the 64 clusters of nuclear power plant sites asked for a deadline extension. There are 103 operating power plants in the 64 sites nationwide. The upgrades include more security guard patrols, additional security posts and barriers, vehicle inspection points farther from the cores of the power plants, and improved coordination with government law enforcement. In a closed hearing Thursday, a House subcommittee asked NRC officials about security and truck bomb planning. While industry plans are delayed, "I'm not upset that there's any lack of commitment," subcommittee chairman James Greenwood, R-Penn., said afterward. "It's just a question of a very technical matter to provide the NRC with the information it needs." "Americans can feel pretty darn secure that their nuclear power plants are not going to be compromised by terrorists," Greenwood said. Nonetheless, plants that aren't secure against truck bombs aren't as safe as operators have been saying, claimed Edward Lyman, the scientific director of the anti-nuclear organization Nuclear Control Institute of Washington. "They can't assert they are fully protected about whatever new threat is out there if they haven't even done the analysis to assert that they are protected from vehicle bombs," Lyman said. "If they're delaying providing a schedule for two or three months . . . then how are they going to get contracts in place to do work to build vehicle barriers or additional protection?" But Ann Mary Carley, a spokeswoman for Exelon Generation of Warrenville, Ill., which operates 17 nuclear power plants, said her company needed a delay so that "when we evaluate what needs to be done, we're doing what is actually going to protect us." Even if a truck bomb went off, it's unlikely to cause the runaway type of nuclear catastrophe that many people fear, said Harold Denton, a retired reactor regulation chief for the NRC. He oversaw the commission's response to the Three Mile Island nuclear plant accident in March 1979 and was the first American official to visit the site of the April 1986 Chernobyl nuclear disaster. A truck bomb attack might be bad, "but it doesn't lead to Chernobyl," Denton said. The greatest worry is that the explosion would knock out power required to run pumps that bring in water to cool the nuclear material, Denton said. If the power went out, control rods would stop the nuclear reaction within a matter of seconds, but it could take weeks of electric power and water pumping to cool all the nuclear material to safe levels, he said. Still, almost every power plant has enough backup power -- batteries, generators, steam turbines -- to provide at least eight hours of cooling before additional help could come, Denton said. Since the Sept. 11 terrorist attacks, U.S. intelligence and law enforcement officials have identified several potential threats to nuclear power plants. The NRC asked for 1,950 "interim corrective measures" at the nation's nuclear power plants last February with a variety of deadlines that all led up to a final deadline of Aug. 31. Plant operators requested a deadline extension for about 65 specific measures, Dricks said. Steve Kerekes, spokesman for the Nuclear Energy Institute, a Washington, D.C., organization consisting of nuclear power plant operators and suppliers, said most of the security measures are already in place. "We were well defended on Sept. 10, and we are even better defended today," Kerekes said. © Copyright 2002, The Salt Lake Tribune ***************************************************************** 8 Bulgarians demonstrate for nuclear power BBC News | EUROPE | 11 April, 2002 More than 3,000 people have protested in the Bulgarian capital, Sofia, against the closure of four reactors at the country's only nuclear power plant. The European Union has demanded the closure of the reactors as a condition for Bulgaria's entry to the EU. But protestors say the move will lead to energy shortages, and an increase in electricity prices. Demonstrators presented the government with a petition signed by 500,000 people demanding a referendum on the closures, but this has so far been rejected. Correspondents say the four units to be closed - two by the end of this year, and two by 2006 - are pressurised water reactors with no safety containment. From the newsroom of the BBC World Service ***************************************************************** 9 Report cites $54 billion in wasteful U.S. government projects - 4/12/2002 - ENN.com Friday, April 12, 2002 By Reuters WASHINGTON — The U.S. government could save $54 billion over five years by cutting spending for coal and nuclear technologies, road construction in forests, and more than 70 other programs that are wasteful and damage the environment, interest groups said Thursday. The Green Scissors report, issued annually by a coalition of environmental and consumer groups, urged the government to reduce spending for several agriculture, energy, public lands, transportation, water, and international projects and programs. The report highlighted 10 projects, dubbed as "choice cuts," that the coalition will target in Congress this year. Coalition members include Friends of the Earth, Taxpayers for Common Sense, and the U.S. Public Interest Research Group. Budget cuts highlighted in the study include: · Changing the 1872 Mining Law that allows mining companies to remove minerals from publicly owned lands without paying royalties to the government by implementing a royalty fee that could raise $394 million over five years. · Expediting the completion of the Clean Coal Program by stopping projects that have not yet been started, saving about $253 million. The Green Scissors report also suggested cutting the Bush administration's $2 billion clean coal program that offers subsidies to encourage the industry to develop cleaner burning technologies. · Eliminating the Nuclear Energy Technologies program and the Department of Energy's Nuclear Energy Research Initiative and Nuclear Energy Plant Optimization programs that were created to help improve the use of nuclear power. Removing these could save more than $252 million during the next five years. · Cutting funding for construction, planning, and designing of new roads used for logging in U.S. forests, saving $312 million over five years. · Stopping the Yucca Mountain project in Nevada without an independent review. This will save taxpayers $375 million in fiscal year 2002. President George W. Bush in February named Yucca Mountain as the permanent federal site to store tens of thousands of tons of waste from nuclear power plants across the nation. Copyright 2002, Reuters ***************************************************************** 10 NRC to Meet with Company to Discuss Nine Mile Point Performance NRC: Press Release Region I - 2002 - 35 - U.S. NUCLEAR REGULATORY COMMISSION Office of Public Affairs, Region I 475 Allendale Road, King of Prussia, Pa. 19406 www.nrc.gov No. I-02-035 April 11, 2002 CONTACT: Diane Screnci (610) 337-5330 Neil A. Sheehan (610) 337-5331 E-mail: opa1@nrc.gov [opa1@nrc.gov] Nuclear Regulatory Commission staff will meet with representatives of Nine Mile Point Nuclear Station, LLC, on Thursday, April 18, to discuss the results of the agency's annual assessment of safety performance at the Nine Mile Point Unit 1 and 2 nuclear power plants. The facility is located in Scriba, N.Y., and operated by Nine Mile Point Nuclear Station, LLC. The meeting, which will be open to the public for observation, is scheduled to begin at 1:30 p.m. at the plant's Joint News Center, which is located at the Oswego County Airport, County Route 176, Fulton, N.Y. Before the session is adjourned, NRC staff will be available to answer questions from the public on the safety performance of the Nine Mile Point plants, as well as the role of the NRC in ensuring safe plant operation. The performance period to be discussed is April 1, 2001, to December 31, 2001. In addition, NRC staff will provide an overview of the agency's Reactor Oversight Process. A letter sent from the NRC Region I office to Nine Mile Point Nuclear Station addresses the performance of the plant during the period and will serve as the basis for the meeting discussion. It is available on the NRC web site at: http://www.nrc.gov/NRR/OVERSIGHT/ASSESS/LETTERS/nmp_2001q4.pdf Current performance information for Nine Mile Point Unit 1 is available on the NRC web site at: http://www.nrc.gov/NRR/OVERSIGHT/ASSESS/NMP1/nmp1_chart.html Current performance information for Nine Mile Point Unit 2 is available on the NRC web site at: http://www.nrc.gov/NRR/OVERSIGHT/ASSESS/NMP2/nmp2_chart.html ***************************************************************** 11 Energy NW errors rose in '01 This story was published Thu, Apr 11, 2002 By John Stang Herald staff writer Energy Northwest saw an increase in human errors in early 2001, but the public's safety was never threatened, the Nuclear Regulatory Commission reported Wednesday. "Columbia Generating Station has been operating in a way that the public's health and safety has been maintained," said Ken Brockman, director of the NRC's western region's division of reactor projects. However, the NRC noted two problem areas in 2001 that will require extra inspections in 2002. The rate of Energy Northwest's human errors doubled from April through July 2001 before dropping back. And problems showed up with alerting and evacuating non-Energy Northwest employees working around the never- finished reactors No. 1 and No. 4 during a nuclear emergency. NRC and Energy Northwest officials held a public briefing in Richland. The NRC looked at Energy Northwest's safety picture from April through December 2001. The reason that 2001 covered only nine months is that the NRC is readjusting its inspections periods to correspond with calendar years. The 2001 procedural errors were not major safety threats, said Bill Jones, chief of the reactor projects division branch that includes Energy Northwest. But the NRC worried about an increase in those errors. Energy Northwest's goal is to allow no more than 0.35 mistakes per 10,000 hours worked, said Greg Smith, the utility's vice president for generation. A rate of 0.25 mistakes per 10,000 hours translates to one worker making one procedural error in 20 years. Energy Northwest began 2001 with a rate of 0.3 to 0.4 errors per 10,000 hours worked. That climbed to 0.6 errors per 10,000 hours from April through June 2001. That was when the reactor shut down for refueling and maintenance. Most of the people brought in for outage-related work had never worked with a reactor before, Smith said. And the utility brought in more outside workers than usual but did not increase the number of supervisors. That contributed to the increase in errors, Smith said. From July through December 2001, the error rate dropped to 0.25 per 10,000 hours worked. In the first three months of 2002, the error rate has hovered between 0.25 and 0.33, Smith said. "The critical thing is to maintain that level of performance," he said. Energy Northwest is on its first two-year cycle of running the reactor without refueling. So, there will be no maintenance and refueling shutdown until the spring of 2003. The NRC plans a follow-up inspection in October or November. Also, the NRC rehashed a February briefing about Energy's Northwest 2001 problems with alerting and evacuating tenants around reactors No. 1 and No. 4. Energy Northwest overhauled training and equipment in response to the NRC's findings. It also terminated the leases of three tenants even though the NRC did not make such a recommendation. The NRC plans a May follow-up inspection. Copyright 2002 Tri-City Herald. All rights reserved. This ***************************************************************** 12 San Onofre Nuclear plant remains safe despite two security breaches SignOnSanDiego.com ASSOCIATED PRESS April 11, 2002 SAN ONOFRE  Two security breaches occurred at the San Onofre Nuclear Generating Station in the weeks following the Sept. 11 terrorist attacks, but both incidents were of little concern, a federal report said. Federal inspectors said both errors had a credible impact on safety, but according to a formula used by the U.S. Nuclear Regulatory Commission, were later deemed minor breaches. On Oct. 9, inspectors found two unescorted visitors trying to use a visitor badge on a security device to gain access to a control room. The visitors said they were attempting to rejoin their escort. Three weeks later, inspectors said a security guard at the plant did not properly search a firetruck that was about to enter a protected area for a fire drill. It wasn't known if any plant employees were disciplined for their actions. Plant officials apologized for the problems, but said they have done a good job clearing vehicles and visitors. "Taken as an isolated incident, it has one appearance," said Ray Golden, plant spokesman, "but when you look at the overall program we're searching hundreds of trucks a month without these types of shortcomings." The report showed that during a nine-month period last year, the plant preserved public safety and met federal guidelines. The power plant, which is just south of San Clemente, is run by Southern California Edison. The facility has two nuclear reactors that provide energy for 2.2 million homes in Southern California. More than 100 nuclear power plants across the nation have undergone strict security measures since the terrorist attacks. Public access to sensitive areas has halted and some information about the plants have been taken off of their Web sites. © Copyright 2002 Union-Tribune Publishing Co. ***************************************************************** 13 Security upgrades at nuclear plants are behind schedule KRT Wire | 04/11/2002 | [Tallahassee Democrat] By SETH BORENSTEIN Knight Ridder Newspapers Nearly three-quarters of the nation's nuclear power plant operators are behind schedule on new federally mandated security upgrades, mostly dealing with truck bombs, according to the Nuclear Regulatory Commission. Truck bombs are one of the most commonly used and easiest to obtain terrorist weapons, and anxiety about them has grown since Sept. 11. That worry appears to be behind many security upgrades ordered in February by the commission, which governs nuclear plants. The orders included preparing a detailed analysis on the vulnerability and consequences of a truck bomb attack, commission spokesman Victor Dricks said Thursday. The power plants do not publicly disclose why they need more time, but Dricks said nearly 90 percent that say they can't make their deadlines are having problems with the truck bomb analysis. Dricks confirmed that operators at 47 of the 64 clusters of nuclear power plant sites asked for a deadline extension on the new orders. There are 103 operating power plants clustered in 64 sites nationwide. The need for extensions doesn't mean a truck bomb threat is imminent, and generally plants are ahead of schedule on upgrades. They include more security guard patrols, additional security posts, additional security barriers, vehicle inspection points further from the cores of the power plants and improved coordination with government law enforcement. In a closed hearing Thursday, a House subcommittee asked Nuclear Regulatory Commission officials about security and truck bomb planning. While industry plans are delayed, "I'm not upset that there's any lack of commitment," subcommittee chairman James Greenwood, R-Penn., told Knight Ridder afterwards. "It's just a question of a very technical matter to provide the NRC with the information it needs." "I think Americans can feel pretty darn secure that their nuclear power plants are not going to be compromised by terrorists," Greenwood said. Nonetheless, plants that aren't secure against truck bombs aren't as safe as operators have been saying, claimed Edward Lyman, the scientific director of the anti-nuclear organization Nuclear Control Institute of Washington. "They can't assert they are fully protected about whatever new threat is out there if they haven't even done the analysis to assert that they are protected from vehicle bombs," Lyman said. "If they're delaying providing a schedule for two or three months ... then how are they going to get contracts in place to do work to build vehicle barriers or additional protection?" But Ann Mary Carley, a spokeswoman for Exelon Generation of Warrenville, Ill., which operates 17 nuclear power plants, said her company needed a delay so "that when we evaluate what needs to be done, we're doing what is actually going to protect us." Even if a truck bomb went off, it is unlikely to cause the runaway type of nuclear catastrophe that many people fear, said Harold Denton, a retired reactor regulation chief for the Nuclear Regulatory Commission. He oversaw the commission's response to the Three Mile Island nuclear plant accident in March 1979 and was the first American official to visit the site of the April 1986 Chernobyl nuclear disaster. A truck bomb attack might be bad, "but it doesn't lead to Chernobyl," Denton said. The greatest worry is that the explosion would knock out power required to run pumps that bring in water to cool the nuclear material, Denton said. If the power went out, control rods would stop the nuclear reaction within a matter of seconds, but it could take weeks of electric power and water pumping to cool all the nuclear material to safe levels, he said. Still, almost every power plant has enough backup power — batteries, generators, steam turbines — to provide at least eight hours of cooling before additional help could come, Denton said. Since the Sept. 11 terrorist attacks, U.S. intelligence and law enforcement officials have identified several potential threats to nuclear power plants. The Nuclear Regulatory Commission asked for 1,950 "interim corrective measures" at the nation's nuclear power plants last February with a variety of deadlines that all led up to a final deadline of Aug. 31. Plant operators requested a deadline extension for about 65 specific measures, Dricks said. He predicted that all but three or four nuclear power plant operators would meet the deadline. Steve Kerekes, spokesman for the Nuclear Energy Institute, a Washington, D.C., organization consisting of nuclear power plant operators and suppliers, said most of the security measures are already in place. "We were well defended on Sept. 10 and we are even better defended today," Kerekes said. The following clusters of power plants have asked for deadline extensions for security upgrades: Beaver Valley of McCandless, Penn.; Calvert Cliffs of Calvert Cliffs, Md.; James A. Fitzpatrick of Oswego, N.Y.; Limerick, west of Philadelphia; Milestone of New London, Conn.; Nine Mile Point of Oswego, N.Y.; Oyster Creek of Toms River, N.J.; Peach Bottom of Lancaster, Penn.; Ginna of Rochester, N.Y.; Seabrook, south of Portsmouth, N.H.; Susquehanna of Berwick, Pa.; Three Mile Island of Harrisburg, Pa.; and Vermont Yankee of Battleboro, Vt. Browns Ferry of Decatur, Ala.; Catawba of Rock Hill, S.C.; Edwin Hatch of Baxley, Ga.; Joseph M. Farley of Dothan, Ala.; McGuire, south of Charlotte, N.C.; North Anna of Richmond, Va.; Oconee of Greenville, S.C.; Sequoyah of Chattanooga, Tenn.; St. Lucie of Fort Pierce, Fla.; Turkey Point of Miami; Summer, northwest of Columbia, S.C.; Vogtle, southest of Augusta, Ga.; and Watts Bar of Spring City, Tenn. Byron of Rockford, Ill; Clinton of Clinton, Ill.; Davis-Besse, southeast of Toledo, Ohio; Donald C. Cook of Benton Harbor, Mich.; Dresden of Morris, Ill.; LaSalle of Ottawa, Ill.; Perry of Painesville, Ohio; and Quad Cities, northeast of Moline, Ill. Arkansas of Russellville, Ark; Callaway of Fulton, Mo.; Comanche Peak of Glen Rose, Texas; Diablo Canyon, west of San Luis Obispo, Calif.; Fort Calhoun of Omaha, Neb.; Grand Gulf of Vicksburg, Miss.; Palo Verde, west of Phoenix; River Bend, north of Baton Rouge, La.; San Onofre of San Clemente, Calif.; South Texas Project, south of Bay City, Texas; Waterford, west of New Orleans, and Wolf Creek of Burlington, Kan. The following clusters of power plants did not ask for deadline extensions for security upgrades: Hope Creek of Wilmington, Del.; Indian Point, north of New York City; Pilgrim of Plymouth, Mass.; Salem of Wilmington, Del.; Brunswick of Southport, N.C.; Crystal River of Crystal River, Fla.; H.B. Robinson of Vicksburg, Miss.; Shearon Harris of Raleigh, N.C.; Fermi, north of Toledo, Ohio; Columbia of Richland, Wis.; and Cooper of Nebraska City, Neb. The following cluster of power plants weren't quite clear about a deadline extension in their public letters but don't seem to be asking for an extension: Duane Arnold of Cedar Rapids, Iowa; Kewaunee, east of Green Bay, Wis.; Monticello, northwest of Minneapolis; Palisades of South Haven, Mich.; Point Beach of Manitowoc, Wis.; and Prairie Island, southeast of Minneapolis. © 2002, Knight Ridder/Tribune Information Services. ***************************************************************** 14 Belarus to Blackburn: that's the aim of a 'friend' of Chernobyl children East Lancashire Online : News : Clitheroe News : Clitheroe News Published: Thursday, 11 April 2002, 04:01 PM by Robbie Robinson FROM Belarus to Blackburn by bike – that is the charity slogan for a Clitheroe cyclist. Mr Brian Davies, of Shays Drive, leaves today for the town of Mogilev in Belarus and will bike back to raise funds for Friends of Chernobyl's Children. He travels out with two cycling companions and a support driver, who all set off on the 1,500 mile return journey on April 16th. After passing through the cities of Minsk and Warsaw, they will be joined by a fourth cyclist at Berlin and will make their way via Hamburg to Cuxhaven and catch a ferry to Harwich. From there they have a mere 250 miles to complete their ride, intending to arrive at Salesbury Church on May 12th. Friends of Chernobyl's Children (FOCC) started in a small way in Blackburn in 1995 and has grown to a nationwide network of groups around the country. Mr Davies represents the Clitheroe group on the ride, the other members of the team being representatives of the Settle, Great Harwood, Blackburn and Fylde groups. Blackburn is now the charity's headquarters. The cyclists have chosen to depart from Mogilev as it was one of the two towns in the old USSR most affected by radioactive fallout from the meltdown of the nuclear reactor at the Chernobyl power station in April, 1986. The nuclear poisoning of the area still affects the health of local people, particularly the children, with a 3,000% increase in diseases such as thyroid cancer, leukaemia and brain disease since the incident. Each year the charity's groups bring 500 children from Mogilev to this country for a month's recuperation to help boost their weak immune systems and increase their life expectancy. The children all stay with host families and more are needed for the 2003 visit. Copyright © East Lancashire Online ***************************************************************** 15 Belarus reports high incidence of thyroid cancer BBC Monitoring Service - United Kingdom; Apr 12, 2002 Minsk, 12 April: Thyroid cancer is still a pressing issue for Belarusian citizens after the [1986] Chernobyl nuclear disaster. As the head of the Belarusian national centre for thyroid cancer research, Yawhen Dzyamidchyk, told a news conference in Minsk today, since 1986 thyroid cancer has been detected in 8,602 patients, including 716 children, 342 teenagers and 7,544 adults. In 2001, the rise in the thyroid cancer rate among children stopped. However, thyroid cancer cases among teenagers were on the rise. For instance, there were 11.3 such cases per 100,000 among 15-18 year-olds. The specialist noted that over the 16 years since the disaster, 1,677 patients, who were exposed to radiation before they reached the age of 18, had developed thyroid cancer. Out of them, 11 have died. The thyroid cancer rate among the adults was 12.5 cases per 100,000, or 200 to 300 per cent higher compared with Western countries. [Passage omitted: Predictions until 2036] BBC Monitoring/ © BBC ***************************************************************** 16 East Anglian troops find nuclear haul MARK NICHOLLS April 12, 2002 08:27 A cache of radioactive equipment which lay under the noses of Osama bin Laden's terrorists in Afghanistan has been found in the heart of the capital, Kabul, by a contingent of East Anglian troops. The haul, a left-over from the Soviet occupation, had been concealed from the hated Taliban regime and al Qaida network ousted by US and British forces in the aftermath of the September 11 attacks on America. The specially-trained soldiers from RAF Honington were said to be "astounded" by what they found in the basement of Kabul University and the ruins of a mental hospital after being led to it by two Afghan nuclear physicists who had rejected attempts by al Qaida to recruit them and collected the material and hid it. The hoard, which could have been used to manufacture weapons, was discovered by personnel from the Joint Nuclear, Biological and Chemical Regiment from the base on the Norfolk/Suffolk border. Captain James Cameron, of the unit, said last night that if the terrorists had known of the store, they would almost certainly have made devastating use of it. "The Taliban would have given their eye teeth for the stuff these men were hiding, and if they'd found it, I hate to think what they'd have done," he said. A leading terrorism expert warned that if the material was as dangerous as it seemed and had fallen into Osama bin Laden's hands, it would have given the world's most wanted man the capability of making radioactive weapons with the potential to kill large numbers of civilians. Professor Paul Wilkinson, of the Centre for the Study of Terrorism and Political Violence at St Andrews University, said: "If the Taliban or al Qaida had found it, they would have had the means to construct 'dirty' bombs." These deadly home-made weapons involve wrapping the radioactive material around a conventional bomb. "If detonated, this would spread radioactive material over a wide downtown area causing death and prolonged suffering to many, many civilians. "Given the al Qaida record of ruthless killing, it would have been likely these weapons would have been used against American targets," he added. Prof Wilkinson said it was highly fortunate the Taliban had never discovered the existence of the radioactive equipment in their capital. The equipment lay under the noses of terrorists who would have been desperate to gain access to such weaponry. It included a broken radiotherapy machine, containing enough cobalt 60 to kill a man instantly, plus containers of solid and liquid radioactive material, some broken or with the lids off, and chemical warfare agents and instruments emitting radiation. And while the risk of dirty bombs would have been enormous, the nuclear unit claim that what they had discovered was even more dangerous. "We've been finding stuff that's far more potent and dangerous than even dirty bombs which are made of nuclear waste," said Captain James Cameron, from the Suffolk-based unit. The eight-member team, which also monitors the activities of the Iraqi leader, Saddam Hussein, from Kuwait, is in Kabul to protect the international peace-keeping force. It has a responsibility for the discovery and monitoring of such material and assisting in its clearance and decontamination. Captain Cameron said much of the material was left over from the days of the Soviets who used "far higher" doses of radiation. Some of the containers were damaged by the Afghan mujahideen in the early 1990s but the scientists kept it all secret and al-Qaida and the Taliban never knew about it. Mohammed Jan Naziri, a professor of applied nuclear physics, and Jora Mohammed Korbani, a nuclear physics professor, said al Qaida had attempted to recruit them. Instead the pair collected all the radioactive sources and instruments they could find from the university's laboratories and hid them after the Taliban first took Kabul in 1996. They also destroyed their research documents and papers on atomic physics. Copyright © 2002 Archant Regional. All rights reserved. ***************************************************************** 17 Radioactive equipment found in Kabul BBC News | SOUTH ASIA | Friday, 12 April, 2002, It has been revealed that the International Atomic Energy Authority IAEA has found radioactive medical equipment stored in a basement in the Afghan capital, Kabul. The potentially harmful material was hidden by two Afghan scientists when the Taleban came to power six years ago, in abid to avoid a nuclear catastrophe. One of the men Jori Mohammed Korbani told an American newspaper the Washington Times, that the material could potentially have been used by al Qaeda to put together a crude bomb to spread deadly radiation. Korbani said that al-Qaeda was trying to make its own nuclear bomb and had offered him a lot of money if he agreed to join their programme, but he had refused. ***************************************************************** 18 Judge won't rule on wisdom of N-waste facility Friday, April 12, 2002 By Lisa Riley Roche Deseret News staff writer U.S. District Judge Tena Campbell said Thursday her job isn't to decide "the wisdom or non-wisdom" of locating a nuclear-waste facility on Goshute tribal lands. Campbell heard arguments on pending motions from lawyers for the Skull Valley Band of Goshutes, the consortium of private nuclear power companies that wants to build and operate the facility, and the state of Utah, which opposes the project. She did not make any rulings Thursday in the case, filed a year ago by the Goshutes and Private Fuel Storage against the state. The lawsuit alleges six Utah laws, including a prohibition against the shipment of nuclear waste into the state, are unconstitutional. The state sought to persuade Campbell that she needed to decide the issue of lawfulness, whether private companies can operate spent nuclear fuel storage sites under federal law. But she said Thursday that "is not something for me to reach." It is up to the Nuclear Regulatory Commission to issue a license for the facility, a decision that could be challenged in the 10th Circuit Court of Appeals. "It's not my job to decided the wisdom or non-wisdom of putting the facility on the reservation," Campbell said. The NRC's Atomic Safety and Licensing Board will decide in September whether to grant PFS a license. It is holding hearings this month to hear arguments from the state that Utah is not a suitable site for storing high-level nuclear waste. Meanwhile in federal court, Campbell questioned whether there is some confusion between the right to have the facility and the right to pursue it. Monte Stewart, the special assistant attorney general representing the state at the hearing, said the plaintiffs have not shown that they are being hindered in their efforts. "They've been trying to their heart's content and haven't been hindered in that," he said. A lawyer for the consortium disagreed. "The idea there is no injury is simply not correct," Val Antczak said. He said the state laws in question "were passed with the express interest of injuring my client's and the tribe's interests." Those laws would require the consortium to pay the state about $150 billion in up-front fees, impose a 75 percent tax on anyone providing services to the project and bar Tooele County from providing municipal services, including police and fire, to the storage site. Antczak said the laws could be enforced at any time. "Tomorrow, they could be arresting people. They could be levying taxes," he said. The site is proposed for a plot of land on the reservation about 45 miles west of Salt Lake City. The consortium and the Goshutes plan to store spent nuclear fuel rods in above-ground steel canisters for as long as 50 years. E-MAIL: lisa@desnews.com © 2002 Deseret News Publishing Company ***************************************************************** 19 Judge hears nuclear storage case HarkTheHerald.com Associated Press Writer on Friday, April 12 By RICH VOSEPKA SALT LAKE CITY -- U.S. District Judge Tena Campbell said Thursday it's not her job to decide if Congress has passed laws prohibiting a nuclear waste storage site on Utah's Skull Valley Band of Goshute Indian reservation. She will have to rule on a lawsuit from a group of nuclear utilities and the Goshutes that challenges a series of laws the Utah Legislature has passed to block the storage plan. Campbell heard arguments from both sides of that issue Thursday, though she made no immediate ruling. Assistant Attorney General Monte Stewart repeatedly argued that Campbell should resolve the question of whether federal laws ban private companies from opening spent nuclear fuel storage dumps. Campbell repeatedly declined to do so. "That lawfulness issue, that's not something for me to reach," Campbell said. The authority to make that decision lies with the 10th Circuit Court of Appeals, she said. The judge also seemed content to leave nuclear regulation to the Nuclear Regulatory Commission. "It's not my job to decide the wisdom of putting the facility on the reservation. I don't have a role in making that decision. That belongs to the NRC," she said. This story appeared in The Daily Herald on page A21. © 2002 by HarkTheHerald.com Contact us at dhwebmaster@harktheherald.com. ***************************************************************** 20 Cotter won't give up on plans for radioactive dirt gazette.comcoloradosprings.com April 12, 2002 By Barry Noreen The Gazette Passage of a new state law won't deter Cotter Corp. from its plan to dispose of radioactive soil at its Cañon City mill site, a company spokesman said Thursday. "We just have to go a few more steps and just do it," Cotter Executive Vice President Rich Ziegler said Thursday. In February, it was revealed Cotter plans to dispose of up to 470,000 tons of radioactive soil by spreading it over other radioactive waste already at its mill site. The company has negotiated for a share of a $70 million cleanup project in Maywood, N.J., about 15 miles west of New York City. When the plan became public, hundreds of Cañon City-area residents attended hastily organized meetings. Legislation designed to delay Cotter's plan by requiring more public notice was drafted by House Majority Leader Lola Spradley, R-Beulah, and Senate Majority Leader Bill Thiebault, D-Pueblo. With that sort of backing, the bill cruised through the General Assembly and was signed April 5 by Gov. Bill Owens. States cannot refuse to receive radioactive waste from federal cleanup programs, but they can require more public notice. Cotter is willing to do whatever it must to keep its share of the lucrative cleanup contract. "We have felt all along that we have followed rules and regulations," Ziegler said. "We thought we had approval by the state to bring the materials in now. However, the act changed those requirements. We have to abide by those regulations, and that's exactly what we're going to do." Ziegler said Cotter hopes to begin receiving wastes before the end of the year, but he acknowledged the company might not be in control of the timing. The new state law directs that before new public meetings are scheduled, Cotter will have to complete an environmental study. Ziegler wasn't sure Thursday how long the study will take. On Wednesday, Sharyn Cunningham, a spokeswoman for Colorado Citizens Against Toxic Waste, said the Cañon City group will continue to resist Cotter's plans at the required public meetings. The opponents also have pledged to fight Cotter when it attempts to renew its five-year license later this year with the Colorado Department of Health and Environment. On Tuesday, the Army Corps of Engineers said 30,000 tons of radioactive soil from the Maywood site will be shipped to a site in Utah under an emergency contract. That leaves up to 440,000 tons of the waste with no official destination. Contact information Barry Noreen covers general assignments and may be reached at 636-0363 or noreen@gazette.com Copyright 2002, The Gazette, a Freedom Communications, Inc. ***************************************************************** 21 Feds OK shipments from Flats Denver Post.com [http://www.denverpost.com] South Carolina governor still fighting plan Mike Soraghan [msoraghan@denverpost.com] Denver Post Washington Bureau Friday, April 12, 2002 - WASHINGTON - The Bush administration will start shipping the 6 tons of plutonium at Rocky Flats to South Carolina by next month, even if South Carolina Gov. Jim Hodges threatens to lie down in front of the trucks. That would keep the dormant bomb plant west of Denver on track for closure in 2006, as promised by federal officials from U.S. Sen. Wayne Allard, R-Colo., to President Bush. But it could also escalate a nasty political fight between the Democratic Hodges and the Republican administration. Hodges has pledged to personally lie down in front of the trucks or send the Highway Patrol to stop the shipments if the Department of Energy won't meet his terms. And Energy Secretary Spencer Abraham warned that if Hodges won't agree to his plans for shipping the waste to the Savannah River Site, he'll send the plutonium-laden trucks anyway. Abraham sent a final offer to Hodges on Thursday. He warned that if Hodges doesn't agree to it by Monday, he'll start shipments in 30 days, and under terms far less favorable than what he's offered. The two sides remained at loggerheads Thursday night, though they both said they hoped for an amicable solution. Rocky Flats produced plutonium "triggers" for nuclear bombs for 40 years before the plant shut down in 1989. The government is spending $7 billion to decontaminate it and turn it into a wildlife refuge by 2006. Negotiations between Hodges and the Department of Energy bogged down as a key deadline loomed. To meet the 2006 closure date, DOE must begin shipments by June and give 30 days' notice by the beginning of May. Abraham on Thursday offered a detailed plan to allow shipments to start in a month but halt them if the government doesn't keep its promise to send the waste back out of South Carolina as nuclear fuel. His proposal also gave the best estimate in years for how much plutonium is still at the Cold War-era plant - 6 metric tons or roughly 13,000 pounds. The actual amount remains classified, beyond a statement that there were 12.9 metric tons when the plant closed. But Hodges says the proposed agreement isn't legally binding. He made a counterproposal, asking DOE to agree to a "consent order," essentially a court-enforced settlement. "All I want to know is if I have something that I can run down to the courthouse with and stop shipments if the government changes its mind," Hodges said. But South Carolina Republicans like Sen. Strom Thurmond backed Bush, saying the administration's proposal was "everything we wanted and more." The administration won't agree to Hodges' consent order, said DOE spokesman Joe Davis, because it won't put national-security policy under the control of a judge. All contents Copyright 2002 The Denver Post ***************************************************************** 22 Nuclear waste bound for Yucca could cross much of California KnoxNews: Sci/tech By RYAN ALESSI April 11, 2002 Eds: Removes dateline The government's plan to develop a radioactive waste storage garage in Nevada could turn California into a driveway. Depending on transportation decisions - largely in the hands of U.S. Department of Energy and Nevada officials - much of the nation's nuclear waste could be routed through California, in some instances adding up to 1,000 miles to the trip. If Congress approves Nevada's Yucca Mountain as the nation's repository for spent nuclear fuel, officials say it would take at least eight years to open. But state governments are already scrambling to study its effects. Answers are murky in part because the DOE has not decided how the waste would reach the site or the routes used to get it there. Bob Halstead, transportation adviser for Nevada's agency for nuclear projects, has spent more than a decade analyzing the possible routes for the estimated 108,000 shipments it would take to move spent fuel from 131 sites around the country. Because no rail line exists that would take shipments directly to Yucca Mountain from the east, he says trucks appear to be the cheapest option for many sites. For Southwestern states, the most direct route would cross into California, swing through the Mojave Desert and turn northeast on I-15 to Las Vegas. Trucks would then go around Las Vegas' new beltway and head 90 miles northwest to Yucca Mountain. However, Las Vegas and surrounding Clark County want nothing to do with the shipments. Clark County Commissioners are preparing to block the DOE from using the Las Vegas beltway. "We already decided we don't want it here," said Clark County Commissioner Myrna Williams, who also heads the county's nuclear waste policy committee. "We will be in court, and we trust the fairness of America." If Nevada officials succeed, the alternate route could send shipments into Southern California, north on I-5 to Sacramento, then east into Nevada. Nevada then wants the trucks to cross almost the entire state before heading south, their preferred route for hazardous material. That "backdoor" has trucks traveling over 1,500 miles of California and Nevada roads, about 1,000 more than the Las Vegas route. Williams says the county is not trying to stick other states with the radioactive waste. Instead, she says state and local officials are attempting to block the project from happening at all. This week, Nevada's Republican Gov. Kenny Guinn took advantage of a portion of the 20-year-old law that called for the repository by vetoing President Bush's decision to allow construction. Congress has 90 days to overturn that veto. Many Americans are unsure how the repository would affect them because transfer routes are unclear, said Kevin Kamps, nuclear waste specialist for the Washington-based Nuclear Information and Resource Service. "They want to keep communities in the dark about whether they're on the route for as long as possible," he said. Joe Davis, spokesman for the Energy Department, has said department officials will begin working with local and state governments to plan routes up to five years before the site would open. Until then, he said, all options are on the table. That has frustrated California officials. "They've always put us off even though we've wanted (those route plans.)," said Barbara Byron, nuclear waste policy advisor at the California Energy Commission. "We've testified before them. We've provided written comments. And we've asked for route specific analyses. ... It's hard for the local communities to know how they'd be impacted." City officials in Sacramento, which would be a major intersection if trucks were diverted from Las Vegas, refused to comment. Though the Energy Department is still studying transportation issues, it released a broad environmental impact report in February. According to the report, standing next to a truck carrying spent fuel for one hour is about the same as a chest X-ray. "But if those casks are being shipped through places like Los Angeles, there's a good chance the trucks will be stuck in traffic along the way," said nuclear waste specialist Kamps. "And in Los Angeles, one hour is sometimes a short traffic jam." On the Net: http://www.ymp.gov http://www.co.clark.nv.us/commission/commission.htm http://www.state.nv.us/nucwaste/trans.htm (Ryan Alessi is a Washington reporter for Scripps-McClatchy Western Service.) The Knoxville News-Sentinel Co. All Rights Reserved. ***************************************************************** 23 Yucca: Of course they don't want it Nevada Appeal April 12, 2002 By Nevada Appeal editorial board Now that Nevada's battle against nuclear-waste storage at Yucca Mountain has hit the big time, it's fascinating to see some national perspective on the issue. The Wall Street Journal, for example, on Tuesday had this to say in reaction to Gov. Kenny Guinn's veto of President Bush's decision to proceed with the Yucca project: "Now we'll find out if a single state and a few partisan senators can trump the national interest and doom any future for nuclear power." The Journal takes a decidedly political view of the controversy and apparently accepts at face value anything said by the Department of Energy or nuclear power industry, which we know are very close to one and the same. Take this example: "For 20 years ratepayers have poured $16 billion into a fund to build a national repository; $8 billion has gone just for studying sites." The statement would be true, except for that final "s." The government has studied only one site: Yucca Mountain. Here's another example: "The place has been tested for volcanos, earthquakes and climate. Even discounting for government work, that's not bad." True again. Except for what's not said. Anyone who has seen the studies on volcanos, earthquakes and climate knows that Yucca Mountain is among the worst places in the country for two out of three. One more example: "This (environmental) crowd has now thrown in with the Las Vegas gambling lobby and other big-money worthies fighting against Yucca." Yes, the gambling lobby has big money. But Nevada residents, whom we expect to be much better-read on the Yucca Mountain issue than Wall Street Journal editorial writers, know the nuclear power industry is outspending anti-Yucca forces by roughly 3-1. When the rhetoric is set aside, two things become clear: -- Yucca Mountain is technically a poor place to store nuclear waste. -- Residents of the 39 states where nuclear waste is actually created are only too ready to have their garbage shipped to Nevada. Copyright Nevada Appeal. Materials contained within this site may ***************************************************************** 24 Nevada files lawsuit against the Nuclear Regulatory Commission Las Vegas SUN April 11, 2002 LAS VEGAS (AP) - Nevada is challenging the Nuclear Regulatory Commission's licensing rule for making Yucca Mountain the nation's nuclear waste dump. The state attorney general's office filed a lawsuit with the U.S. Court of Appeals for the District of Columbia on Thursday against the regulatory commission's November ruling. That ruling established health and safety regulations for storing 77,000 tons of the nation's high-level nuclear waste 90 miles northwest of Las Vegas. "The Yucca Mountain project will not achieve the geological isolation required by the Environmental Protection Agency," said Attorney General Frankie Sue Del Papa in a statement. The commission could issue a license for the proposed nuclear waste repository even though it's fundamentally unsafe from a long-term geologic perspective, said Joe Egan, Nevada's lead nuclear attorney and a former nuclear engineer. "This violates the Nuclear Waste Policy Act, and departs radically from the recommendations of the global scientific community," he said. Officials with the Nuclear Regulatory Commission in Washington could not immediately be reached for comment. Energy Department officials have said the site is scientifically sound and have expressed confidence that it can store the radioactive waste safely. The commission's licensing rule for the proposed dump requires the federal Energy Department to demonstrate that radioactive emissions will meet the EPA's emission standards for 10,000 years. Egan argued, however, that the radiation emissions are projected to increase steadily after that because of geologic deficiencies discovered by the Department of Energy in the late 1990s. Yucca Mountain is no longer expected to isolate radioactive waste if the manmade packages it's stored in fail after 10,000 years, Egan said. The state also is challenging the Energy Department's use of water, radiation standards, siting guidelines and the site recommendations by Energy Secretary Spencer Abraham and President Bush. The state has shut off water to Yucca Mountain, but the department switched to a newly built 1-million gallon tank and one small well. Gov. Kenny Guinn on Monday vetoed President Bush's approval of the project, but Congress can override that veto with a majority vote. The attorney general's office said it also plans to file claims related to the Energy Department's environmental impact statement for Yucca Mountain. All contents copyright 2002 Las Vegas SUN, Inc. ***************************************************************** 25 Congressional hearing moved up to beat speedy Yucca vote Las Vegas SUN April 11, 2002 RENO, Nev. (AP) - Worried the House could vote on Yucca Mountain in a matter of weeks, the chairman of the Transportation Committee will move up a congressional hearing on transporting nuclear waste to the Nevada site. Rep. Don Young, R-Alaska, said Thursday that he asked two subcommittee chairmen who originally set the hearing for May 9 to reschedule it "as quickly as possible" when he learned House Speaker Dennis Hastert might schedule a vote in early May. Young said the joint hearing will be April 25 before the House Transportation subcommittee on railroads and the subcommittee on highways and transit. "I believe it's imperative that Congress carefully and fairly examine the transportation issues involved in transporting nuclear waste throughout our nation to the Yucca storage site," Young said. "The transportation of the spent rods from the nuclear plants to Yucca will cross virtually every state in the nation, and we must thoroughly examine all of the issues related to this transportation," he said. Nevada Republican Gov. Kenny Guinn and the state's congressional delegation have been emphasizing the dangers of transporting nuclear waste across the country to Nevada as they try to win enough votes in Congress to kill the Yucca Mountain project. "I am disappointed by the Speaker's urgency in scheduling a vote on an issue of such great importance, but I am pleased that Chairman Young is committed to protecting the health and safety of Americans," Rep. Jim Gibbons, R-Nev., said Thursday. "His willingness to reschedule this joint hearing will give Nevadans an opportunity to clearly detail the dangers of transporting nuclear waste through 44 states - past our schools, hospitals, and homes - for the next 38 years." Young learned in a conversation with Hastert, R-Ill., this week that the House vote could come before the transportation hearing that had been planned May 9, an aide said. "An official vote hasn't been set but the feeling is that very early in May is when it is going to be on the (House) floor," said Steve Hansen, the committee's communications director. President Bush in February directed that the Nevada site be selected to store 77,000 tons of the nation's nuclear waste. But under the law, Nevada has a right to veto that decision, which Guinn did earlier this week. Congress, in turn, can override Nevada's objection. Young said during a trip to Nevada in January he was rethinking his original vote in 1987 supporting a proposal to bury the nation's nuclear waste in Nevada. "He has serious concerns about it," Hansen said from Washington on Thursday. "I don't know whether he is for it or against it, but he wants to give Yucca Mountain a fair hearing in the Transportation Committee," he said. "He has never been a real fan of the Yucca Mountain proposal primarily because there is such a united feeling in Nevada against it, that they feel it is being rammed down their throat by other states," Hansen said. "Being from Alaska, he's been on the bad end of similar deals." Young has always been concerned about transportation systems used in the movement of nuclear waste, Hansen said. "He has had reservations even before Sept. 11, and more so now." All contents copyright 2002 Las Vegas SUN, Inc. ***************************************************************** 26 Standoff Over Plutonium Shipments Las Vegas SUN April 12, 2002 COLUMBIA, S.C.- South Carolina's governor and the federal Energy Department are locking horns over planned plutonium shipments to the state - a dispute federal officials say is delaying nuclear cleanup nationwide. The Energy Department wants to ship plutonium from a former nuclear weapons site in Rocky Flats, Colo., to a plant near Aiken, S.C., where it would be converted into fuel for nuclear reactors. Gov. Jim Hodges says he supports the idea, but he won't allow the weapons-grade material into the state until the government agrees to make the shipping agreement legally binding. It appeared the standoff had ended Thursday after the governor agreed to a written proposal from Energy Secretary Spencer Abraham that said he would send a 30-day notice of when the shipments would begin. But Hodges also wanted a consent order filed in federal court that would have let a judge order the Energy Department to remove the plutonium if it did not meet the terms of the agreement. The department rejected that request, and Hodges said the situation is back to square one. Hodges wants the Energy Department to provide a document outlining schedules to fund the construction of Mixed Oxide, or MOX, fuel treatment facilities, when to expect the shipments and when they would leave South Carolina. "All I want to know is whether I've got something I can run down to the federal courthouse if they don't honor the terms and get a judge to stop shipments," he said Thursday. Abraham said the agency addressed Hodges' concerns in the proposed agreement by establishing annual funding targets, committing to notify the state of all plutonium shipments and including firm dates that the material would be removed from the state if the Energy Department was unable to come up with the funds to build the MOX facility. President Bush included $384 million to fund the plutonium disposition program in the next fiscal year, beginning July 1. The budget also noted that the project would require funding of $3.8 billion over the next 20 years, Abraham wrote. The standoff springs from the federal government's plan to clean up Rocky Flats, northwest of Denver, and turn it into a wildlife refuge. Rocky Flats made plutonium triggers for nuclear weapons for 40 years, but it closed in 1989. To meet the 2006 conversion deadline, the Energy Department needs to begin shipping plutonium soon, although department officials won't give an exact date. The state and federal governments' inability to reach an agreement has held up cleanup activities at former nuclear plants across the nation, Abraham said. It also jeopardizes the 2000 U.S.-Russian plutonium disposition agreement, he said. "We need to move forward with the MOX plant that will be used to dispose of the plutonium at issue in order to honor our commitments to the Russian Federation," Abraham wrote. All contents copyright 2002 Las Vegas SUN, Inc. ***************************************************************** 27 Security rests with Yucca Mountain newsobserver.com : editorials [newsobserver.com, Raleigh, NC] APRIL 14, 2002 Friday, April 12, 2002 5:30AM EDT Burying a possible terrorist target: radioactive material in cooling pools at reactor sites By GERALD MARSH AND GEORGE STANFORD, Knight Ridder/Tribune WASHINGTON - In deciding to make Nevada's Yucca Mountain the nation's first long-term repository for nuclear waste, President Bush emphasized that the move was "necessary to protect public safety, health and the nation's security." A fellow Republican, Nevada Gov. Kenny Guinn, is strenuously objecting. Guinn, a shining example of the NIMBY, or "not in my backyard" syndrome, maintains that the national security argument for Yucca Mountain "is an absurd invention of the nuclear industry and an opportunistic use of the tragedies of September 11." Guinn's view not only is dangerously shortsighted, it's patently wrong. The Nevada governor forgets that, in light of Sept. 11, the main danger lies in retaining the radioactive material at reactor sites in cooling pools, which are somewhat vulnerable to terrorist attack. That risk certainly should not be exaggerated, but it is far from "absurd." Maps of a number of U.S. nuclear facilities turned up in al-Qaeda caves in Afghanistan, indicating that the terrorist network was, at the very least, studying the possibility of attacking them. As noted recently by Energy Secretary Spencer Abraham: "More than 161 million people live within 75 miles of one or more of these sites. They should be able to withstand current terrorist threats, but that may not remain the case in the future. These materials would be far better secured in a deep underground repository at Yucca Mountain." Sure, the nuclear industry stands to benefit from the opening of Yucca Mountain, but so do the rest of us. It will take years to complete the job, but we should start moving the spent fuel away from densely populated areas as soon as we can. Opponents of forging ahead, such as Guinn, say they are afraid there might be a leak from the repository thousands of years hence. That fear is utterly unrealistic. Nevada, because it is home to a nuclear test site, already has huge amounts of plutonium and other fission products stored under its soil totally unconfined, and posing no threat to people. At least four tons of material remain at the Nevada nuclear test site as bomb-test residue. Guinn, to our knowledge, has never expressed concern about its presence. The laws of science and logic say that one should compare risk to the public of the various options for handling the waste. That has been done, and Bush has finally made a sound decision fully in accordance with the laws of the land. We can stop worrying about transporting spent fuel, too. Over the last 40 years there have been more than 3,000 such shipments in the United States, traveling 1.6 million miles. Some of those vehicles have been involved in traffic accidents, but there has never, ever been even one death or injury due to radiation released in a transportation accident. Compare that with what we now tolerate. In 1982 through 1992, spills of gasoline and other chemicals in U.S. transportation accidents caused 107 deaths, 1,400 injuries and evacuation of more that 13,000 people. The go-ahead for Yucca Mountain should have been given years ago. Instead of pandering to local fears, Guinn should welcome the federal money, high-paying jobs and other benefits that opening Yucca Mountain will bring to Nevada. That's a good return for enhancing the nation's security against terror attacks by hosting a facility with entirely negligible risk. Gerald Marsh is an advisory board member of the National Center for Public Policy Research's John P. McGovern Center for Environmental and Regulatory Affairs and a nuclear physicist. George Stanford is a nuclear reactor physicist now retired from Argonne National Laboratory. © Copyright 2002, The News &Observer. ***************************************************************** 28 California route is a possibility for Yucca waste Orange County Register - Top News One possible plan would lengthen the spent nuclear fuel's trip by 1,000 miles. April 12, 2002 By RYAN ALESSI Scripps-McClatchy Western Service WASHINGTON -- The government's plan to develop a radioactive- waste storage garage in Nevada could turn California into a driveway. Depending on transportation decisions - largely in the hands of U.S. Department of Energy and Nevada officials - much of the nation's nuclear waste could be routed through California, in some instances adding up to 1,000 miles to the trip. If Congress approves Nevada's Yucca Mountain as the nation's repository for spent nuclear fuel, officials say it would take at least eight years to open. But state governments already are scrambling to study its effects. Answers are murky in part because the DOE has not decided how the waste would reach the site or the routes used to get it there. Bob Halstead, transportation adviser for Nevada's agency for nuclear projects, has spent more than a decade analyzing the possible routes for the estimated 108,000 shipments it would take to move spent fuel from 131 sites around the country. Because no rail line exists that would take shipments directly to Yucca Mountain from the east, he says trucks appear to be the cheapest option for many sites. For Southwestern states, the most direct route would cross into California, swing through the Mojave Desert and turn northeast on I-15 to Las Vegas. Trucks would go around Las Vegas' new beltway and head 90 miles northwest to Yucca Mountain. However, Las Vegas and surrounding Clark County want nothing to do with the shipments. Clark County Commissioners are preparing to block the DOE from using the Las Vegas beltway. "We already decided we don't want it here," said Clark County Commissioner Myrna Williams, who also heads the county's nuclear-waste-policy committee. "We will be in court, and we trust the fairness of America." If Nevada officials succeed, the alternate route could send shipments into Southern California, north on I-5 to Sacramento, then east into Nevada. Nevada then wants the trucks to cross almost the entire state before heading south, their preferred route for hazardous material. That "backdoor" has trucks traveling over 1,500 miles of California and Nevada roads, about 1,000 more than the Las Vegas route. Williams says the county is not trying to stick other states with the waste. Instead, she says state and local officials are attempting to block the project from happening at all. This week, Nevada's Republican Gov. Kenny Guinn took advantage of a portion of the 20-year-old law that called for the repository by vetoing President George W. Bush's decision to allow construction. Congress has 90 days to overturn that veto. Many Americans are unsure how the repository would affect them because transfer routes are unclear, said Kevin Kamps, nuclear- waste specialist for the Washington-based Nuclear Information and Resource Service. "They want to keep communities in the dark about whether they're on the route for as long as possible," he said. Joe Davis, Energy Department spokesman, has said department officials will begin working with local and state governments to plan routes up to five years before the site would open. Until then, he said, all options are on the table. That has frustrated California officials. "They've always put us off even though we've wanted (those route plans)," said Barbara Byron, nuclear-waste-policy advisor at the California Energy Commission. "We've testified before them. We've provided written comments. And we've asked for route specific analyses. ... It's hard for the local communities to know how they'd be impacted." Though the Energy Department still is studying transportation issues, it released a broad environmental impact report in February. According to the report, standing next to a truck carrying spent fuel for one hour is about the same as a chest X-ray. "But if those casks are being shipped through places like Los Angeles, there's a good chance the trucks will be stuck in traffic along the way," Kamps said. "And in Los Angeles, one hour is sometimes a short traffic jam." The Orange County Register ***************************************************************** 29 Nye County needs to get the word out about Yucca location - Las Vegas View Neighborhood Newspapers Friday, April 12, 2002 - By MARK WAITE VIEW STAFF WRITER With the startup of the Yucca Mountain project likely, Nye County Federal Facilities and Natural Resources Manager Les Bradshaw said the county needs to get the word out to the nation about where we are. The American public needs to know that Pahrump is as far from Las Vegas as Richmond, Va. is from Washington, D.C. and that more than 35,000 people live near Yucca Mountain, Bradshaw told the Pahrump Nuclear Waste and Environmental Advisory Board last week. "There's a lot of good things that will happen if people know about us. So we have to make ourselves known," Bradshaw said. "Unless the big bubble bursts in Las Vegas we're going to continue to grow," Bradshaw said. "When that first truckload comes through in 2010, 2015, how many people will be in this valley?" Nye County statistics show the population of Pahrump has been growing by an average of 16.9 percent annually. The county population has been growing at 7.8 percent per year. The rationale of the Community Protection Plan drafted by Nye County is that the county should be treated special, he said. "We'll go over there with a two by four and bang on the walls a little bit and tell them we will be encroaching on their project," Bradshaw said. The Small Business Administration could give Pahrump businesses the proper designation to have access to more SBA loans, Bradshaw said. Procurement of federal contracts by Nye County businesses should also be a priority, he said. Nye County gets more economic advantages from the Ponderosa Dairy than it does from the Yucca Mountain project, Bradshaw said, adding, "I'd rather have another dairy, so to speak." "Why can't they look at this community as their host community as they have at Hanford and Savannah River?" he asked, referring to other DOE projects. He cited a "stovepipe effect" of all the federal agencies using Nye County. "We have to talk about the cumulative impacts on the county from BLM (Bureau of Land Management), national parks, fish and wildlife, and DOD (Department of Defense)," Bradshaw said. "Your presence here is holding us down and making overall growth in the county impossible." Nye County also should be involved in the long-term assessment of the performance of Yucca Mountain, Bradshaw said. There should be a core science group responsible to Nye County, he said. "Nye County needs to have its own science group or science institute," he said. "All of us will have our scientists that can talk teckie with DOE." Nye County has been conducting independent assessments of the Yucca Mountain Project while the repository site is being studied and giving them to the U.S. Department of Energy, which are seen as credible in the scientific community, Bradshaw said. The DOE needs to understand the hydrogeology of Amargosa Valley, he said, Nye County has been explaining how radionucleids from eroding radioactive cannisters would travel through more open pathways instead of flooding the aquifer as a whole. Bradshaw said there is an assumption the radioactive cannisters will begin to erode in hundreds of years, but any radioactive plume would travel at only inches per year. "We've produced data that has been important in the national debate," Bradshaw said. "I think Yucca Mountain probably can be licensed. I say that knowing the bar for licensing isn't very high." Bradshaw was referring to the approved license that will be required by the Nuclear Regulatory Commission, expected to be decided in the next two years, the next major hurdle in the process. The hope is that technical uncertainties in the project can be reduced over the coming decades, he said. "We're pushing for a cooler, ventilated, dryer repository," Bradshaw said, noting quite a few of the county's efforts are directed toward that. "DOE is embracing that to some degree." If the ventilation and metallurgical concerns are addressed, the next big issue is transportation, Bradshaw said. The Nuclear Regulatory Commission held a workshop on transportation of nuclear waste through Nye County at Beatty High School on Monday. The transportation concerns of shipping it by truck were best illustrated by photographs of a tractor-trailer truck making the tight 90-degree turn at the four-way stop on U.S. Highway 95 in Beatty in front of The Exchange Club. While people standing six to eight feet away from a radioactive cannister wouldn't receive a measurable dose to worry about, Bradshaw said, "people involved in the program have to deal with public perception as well as what might be scientific realities. "Nye County has stated a clear preference for rail as the only possibility that might make sense," he said. Four rail routes have been suggested, the longest one from the north, from Beowawe at the junction of the Union Pacific Tracks on Interstate 80, another one from Caliente in southeastern Nevada, as well as two more from the Interstate 15 corridor, one coming up from Jean through Pahrump. The DOE hasn't arranged rights-of-way on the routes, they're only concepts, he said. Bradshaw said every route will be a detriment to somebody, Nye County fully intends to let any people affected by the transportation routes to voice their opinion. Instead of a dead-end, single-purpose rail line to Yucca Mountain, Bradshaw said he'd like to know if a rail line from the north could be extended through to the Interstate 15 corridor at Jean that could spur economic development. There could be some groups voicing strong objections to transportation routes in the area, such as those concerned over the endangered pupfish in Amargosa Valley, he said. If the DOE proposes to ship the nuclear waste by truck, Bradshaw said a Chalk Mountain route would be the best route for Nye County, through the northern part of Las Vegas Valley, only touching on eight to 10 miles of Nye County. But he doubted whether that would be approved because of the proximity of the route to Las Vegas. Another problem is future funding, Bradshaw said. People using nuclear power pay a fee for the nuclear waste disposal. "The current fee structure is inadequate for the life of the project. DOE doesn't agree with this," he said. "We don't want to be stuck with some white elephant, half-baked, half-finished project." The county has to work with Congress, because the DOE is limited in working with mitigation at this point, Bradshaw said. An importation fee would cover any mitigation needed, he said. The reality of housing radioactive waste, which won't decay for 10,000 years, isn't lost on Nye County. "The time line is a lot longer than anything we've ever done. That's a little worrisome and a little bothersome," Bradshaw said. [http://www.lasvegas.com] ***************************************************************** 30 NRC hearing outlines transportation issues - Las Vegas Friday, April 12, 2002 - By MARK WAITE VIEW STAFF WRITER BEATTY -- If the U.S. Congress doesn't sustain Nevada Gov. Kenny Guinn's veto of Yucca Mountain, the next step in the nuclear repository project will be licensing by the Nuclear Regulatory Commission. The same day Gov. Guinn was vetoing President Bush's decision to approve Yucca Mountain in Las Vegas, 115 miles north the NRC held a public hearing at the Beatty Senior Center to outline their oversight of the project and transportation issues. The NRC plans a similar hearing in Pahrump the week of May 19-25. If Congress permits the facility, the NRC will have to issue a permit for the construction and later, the storage of the high-level nuclear waste. "The NRC is an independent agency. We have a lot of experience in regulating nuclear projects. There are 104 nuclear power plants in the United States that are regulated by the Nuclear Regulatory Commission," Bill Reamer, NRC deputy director of waste management told a sparse gathering Monday evening. But he said "This project represents a lot of unique challenges. "There are stringent requirements that set a high bar for the Department of Energy to meet if this project moves forward," he said. "Even after the repository is loaded, some 30 to 50 years from now, we have to make a decision whether the repository is safe, whether it can be closed." "During this process we have identified information gaps which the Department of Energy would have to address if they want to submit an application," NRC High-Level Waste Branch Chief Janet Schlueter said. Reamer said the five-member commission that heads the NRC is appointed by the president and affirmed by Congress to five-year terms. No more than three members can be from one political party. The agency itself has 40 scientists, in addition there are an equal number of experts from the Center for Nuclear Waste Regulatory Analyses in San Antonio, Texas, which will study their research, he said. Dick Anderson, of Beatty, an environmental consultant for the National Park Service, asked with a project of a duration of 10,000 years how the NRC will evaluate unknown, speculative information. Schlueter said the final environmental impact statement by the U.S. Department of Energy has to include a range of potential impacts and certain assumptions are made. "The project potentially could go on for at least 100 years, maybe longer and for that period, the regulations require a performance confirmation program to take data constantly and focus on challenge estimates for the performance," Reamer said. "There's going to be incomplete information, there's always going to be areas of uncertainty." NRC staffer Janet Kotra said, "Absolute certainty is not going to be, the standard is reasonable expectation." "I found this very fascinating, the members who are going to be in charge of running the NRC are political appointees," said Ralph McCracken, a pistachio farmer from Amargosa Valley. "I'm asking you to rise above pressures from upper level managers to push this thing forward." Shawn Murphy, who said he was formerly a firefighter in Washington state, echoed some distrust of the government secrecy, recalling how he was told to keep quiet about the dangers of pipeline fires after one occurred in the state. "Because we are United States citizens, we'd like to believe in our government but bear with us, some of us don't have the faith," Murphy said. Reamer said during hearings on the Yucca Mountain application, Department of Energy officials will have to testify in front of a board of administrative judges under oath and be cross-examined by NRC staff, intervenors like the affected Nevada counties and others. "It's a fact-obtaining, truth-ascertaining process," he said. Mal Murphy, a consultant for Nye County, said unlike the incident Shawn Murphy mentioned, there will be an intense oversight of the Yucca Mountain project by local officials. "None of us can stop the government decision that has occurred," said Chester Poslusny, senior project manager for the NRC Spent Fuel Project Office. But he said, "If a repository is built and opened, the NRC has to make certain that every shipment of fuel is done safely." The NRC is testing the durability of 14 different types of cask designs to ship the nuclear material, Poslusny said. The safety of the shippers, drivers, what kind of material will be shipped, how much material is shipped, the containers, will all be evaluated by the NRC, he said. It will take $1 million and two years for a company to design a cask for shipping fuel, Poslusny said, it will take the NRC $270,000 to review it. The casks will be subjected to "very rigorous tests" Poslusny said -- a drop test, puncture test, fire test and submersion test. "The state can get involved in defining routes, alternate routes," Poslusny said. "They have a role in choosing routes for transporting nuclear fuel. "In the United States there's been over 1,300 spent fuel shipments over 20 years. There have been zero spent fuel package failures," Poslusny said. He recalled one instance in Tennessee during the 1970s where a truck overturned and a cask carrying nuclear fuel was thrown over 100 feet but it suffered only minor surface damage and there was no radiation released. "Before a shipment occurs, the shipper would be talking to the state and local government well in advance," Poslusny said. "We don't publicize that information for obvious reasons." An armed guard will accompany the shipment in areas with more than 100,000 people, he said, a statement that led Mal Murphy to comment, "Why should the people in Amargosa Valley be offered any less protection than the people in Des Moines, Iowa?" "We have put the word out to beef up security. Since 9-11, facilities are on high alert and we expect that to continue," Poslusny said. Bill King of Pahrump, said he'd prefer shipping the nuclear waste by rail, since there would be fewer worries about other drivers, and a larger amount could be sent with each shipment. Poslusny said the shipper could decide whether to use truck or rail. McCracken said he has fighter jets from Nellis Air Force Base flying over his farm trying to elude radar. Shawn Murphy added, when a jet crashed recently in Amargosa Valley, officials had to ask local people themselves where it landed. "The entire agency is undergoing review as a result of 9-11," Kotra said. "We have a very strong series of regulations on aerial overflights at all our licensed facilities." Congress has 90 legislative days to vote on the governor's veto, a period that may not expire until late summer. If after that vote the DOE submits an application for the nuclear repository, Reamer said the NRC must decide whether to approve it within three years. www.lasvegas.com ***************************************************************** 31 LETTERS: Yucca coverage Unbalanced Friday, April 12, 2002 Copyright © Las Vegas Review-Journal To the editor: I was both surprised and disappointed with the Review-Journal's recent coverage of the Yucca Mountain issue. The "Friends of Yucca" special section that appeared last Sunday was not only unbalanced. but also counterproductive to Nevada's efforts to keep high-level nuclear waste away from America's fastest growing metropolitan area. This section, claiming to state the "pro-Yucca case," really served as a platform to declare the inevitability of Yucca. There is a crucial difference between those two stances. Should we as Nevadans accept the inevitability of taking whatever the federal government deems appropriate for our state, regardless of the impact of that decision on public safety and quality of life issues? The article on former Gov. Bob List was perplexing. If it is inevitable, why does he feel the necessity of selling out his so-called political principles as an "anti-Yucca" supporter at heart, to be on the payroll of the nuclear industry? The Review-Journal presented him as a "political realist." It seems that it will be these same "realists" who have the most to gain from a nuclear dump in Southern Nevada. Money will go first into the hands of such compromised officials who sold out in order to line their own pockets. The question remains, what will be left for the improved social services, schools and health care that proponents claim will trickle down to the rest of the community? No mention was made of the recent poll that claimed many Las Vegans would leave if the Yucca repository came to town. "We are all from somewhere else," so the saying around here goes. What would make people stay if they perceived a threat to their future safety in this state? The Review-Journal, if it really intended to prompt debate, would have dealt with these issues alongside the misleadingly labeled "Pro-Yucca" feature in last Sunday's paper. MICHELLE TUSAN BOULDER CITY Lost cause To the editor: Hats off to Kenny Guinn for his stand against the big boys. It was a grand show of principles and self-determination on behalf of Nevada. Sad to say, however, he is wasting his time. Why? Because the reality is no one out there cares about the fact that nuclear waste is going to be deposited in Nevada -- for the simple reason that if it doesn't go here, it might go there (wherever "there" is). No senator, no representative, no one in D.C. is going to stand up for and with Gov. Guinn and Nevada because to do so increases the possibility that their constituencies might get stuck with the dump ... er, repository. Possibly, the only course of action we might have that will get some attention is to remind all the cities and towns along the transport route about the potential for nuclear waste transports as terrorist targets or even highway accidents. I grew up in Massachusetts during the time when "duck and cover" atomic bomb exercises were as common as fire drills in school during the '50s. I recall reading and hearing about the nuclear testing that went on in Nevada. Black-and-white images on TV would show the Earth rise and fall as the bomb exploded underground, and I remember thinking, "Boy, am I glad I don't live there!" I wonder how many people in other states thought the same thing at the time. I wonder how many think so now. That's the sum total of why Nevada is being ignored in its struggle to defeat Yucca Mountain. Guinn's quest is a noble cause, but a lost one. Better he should expend his energy on what's in it for us. As for me, I'd take free UNLV educations in perpetuity for all qualified Nevada residents -- throw in free health care while we're at it (we may need it), courtesy of all the taxpayers in the country who are glad they don't live here. JAN ASHMAN LAS VEGAS Copyright © Las Vegas Review-Journal, 1997 - 2002 ***************************************************************** 32 Yucca opposition expands litigation Friday, April 12, 2002 Copyright © Las Vegas Review-Journal Latest lawsuit calls licensing rule `unlawful' By STEVE TETREAULT STEPHENS WASHINGTON BUREAU WASHINGTON -- The list of lawsuits Nevada has filed against the Yucca Mountain project grew on Thursday. A new lawsuit charges the Nuclear Regulatory Commission adopted an "unlawful" licensing rule in November for the proposed nuclear waste repository. Nevada officials say the NRC rule ignored a requirement by Congress that Yucca Mountain be judged primarily on the ability of its natural features to prevent radioactive waste from leaching into the environment. Nevada sued the Energy Department in December on the same issue. The DOE has responded its actions were legal and proper. The new lawsuit requests the NRC regulation be thrown out and the agency be forced to adopt a new one. NRC officials could not be reached for comment Thursday evening. Meanwhile on Capitol Hill, a Texas congressman introduced a formal resolution in the U.S. House to overturn Gov. Kenny Guinn's veto of the Yucca Mountain site recommendation. Rep. Joe Barton, R-Texas, submitted the legislation with 11 co-sponsors. House Speaker Dennis Hastert, R-Ill., plans to have the full House vote on the measure in early May, possibly before May 12. Yucca Mountain hearings that had been planned for late April and May were rescheduled Thursday to accommodate Hastert's voting schedule. Nevada's lawsuit against the Nuclear Regulatory Commission became the fifth Yucca-related lawsuit in the courts, with another being planned by Nevada lawyers to be filed soon. Clark County and the City of Las Vegas joined as petitioners in the lawsuit, filed in the U.S. Court of Appeals for the District of Columbia Circuit. In June, Nevada submitted a court challenge to Yucca Mountain radiation standards issued by the Environmental Protection Agency. In December and in February, lawsuits were filed challenging Energy Department site rules that formed the basis for President Bush's decision to recommend Yucca Mountain for waste burial. The state and the Energy Department also are battling in court in Nevada over water permits for the Yucca Mountain study site 100 miles northwest of Las Vegas. Copyright © Las Vegas Review-Journal, 1997 - 2002 ***************************************************************** 33 Yucca: Ensign goes door-to-door to lobby fellow Republicans Friday, April 12, 2002 Copyright © Las Vegas Review-Journal By STEVE TETREAULT STEPHENS WASHINGTON BUREAU WASHINGTON -- Emerging from the U.S. Capitol on Thursday, Sen. John Ensign, R-Nev., paused to look over an inch-thick loose-leaf briefing book carried by his legislative director, Pam Thiessen. It contained documents, customized for his next appointment, supporting Nevada's case against Yucca Mountain. Ensign was on his way to see Sen. Thad Cochran, R-Miss., a 24-year Senate veteran. Ensign, a second-year senator, was unfamiliar with Cochran. Still, Ensign was about to ask him for support on the nuclear waste vote. "Thad is going to be very tough," Ensign said. On most issues, Cochran allies with Sen. Trent Lott, R-Miss., who is for a waste repository at Yucca Mountain. Also, Mississippi has a nuclear power plant, the Grand Gulf facility at Port Gibson. "We're still going to make the pitch because you never know," Ensign said. "Thad's a very reasonable person, and he likes to hear about fiscal discipline." For the past month, Ensign has been seeking half-hour appointments with Republicans to make his pitch against legislation that would override Gov. Kenny Guinn's veto and designate Yucca Mountain, 100 miles northwest of Las Vegas, for a nuclear waste repository. By Thursday's end, Ensign said, he will have met 20 in a formal setting. He plans such appeals to all but a few of the Senate's 49 Republicans. Ensign's task is like going door-to-door on a steep hill. The last time the Senate voted on nuclear waste, in April 2000, two out of 54 Republicans supported Nevada, and Ensign may have a difficult time improving much on that figure by the time the Senate votes in midsummer. In meetings with some senators, Ensign found that nuclear power lobbyists got there before him. "There's no question the industry has reached them," he said. Sen. Harry Reid, D-Nev., and Senate Majority Leader Tom Daschle said this week they have more than 30 Democrats ready to help Nevada. They have pressured Ensign to deliver 15-20 Republicans. "I'm pretty confident I'll be able to get some Republican votes. I don't know how many I'll be able to get. I don't know if we'll be able to win," Ensign said. "But as long as we win this issue, it doesn't matter where the votes come from." What If Nevada loses? "Will I be satisfied knowing I gave it the shot? Yes," Ensign said. "I think that's what people ask of you: Did you do everything possible that could be done?" Rounding a corner inside the Russell Senate Building, Ensign and Thiessen disappear into Cochran's office. While Ensign is scheduling appointments, Reid is taking other approaches. The 16-year Senate veteran is more likely to buttonhole Democrats on the Senate floor. "I believe he has spoken to every single Democratic senator," spokesman Nathan Naylor said. Mark Peplowski, a political science professor at Community College of Southern Nevada, said Ensign will need a miracle to win 15 Republicans. "It's not unreasonable to ask (Ensign) to produce 15, but it would be unfair to say that John was the one that didn't get it done" if Nevada loses. Peplowski said Republicans who support Nevada's case would be defying President Bush, who has chosen Yucca Mountain as the repository site. After 20 minutes, Ensign emerged smiling from the meeting. "We went in with very low expectations, and we got some good responses in there," Ensign said. On Nevada's checklist, Cochran will be put in the "let's keep working on him" column, Ensign said. Later, Cochran said Ensign "told me some things I didn't know" about how repository costs will drive up the price of nuclear power. "I'm going to take another look at it," Cochran said. "I haven't made a final decision." Copyright © Las Vegas Review-Journal, 1997 - 2002 ***************************************************************** 34 N.B. to probe possible nuclear waste violation Thursday, April 11, 2002 Page A14 Fredericton -- The New Brunswick government will look into allegations that a truck loaded with nuclear waste travelled across the province last week without proper documentation. The move came after Public Safety Minister Margaret-Ann Blaney failed to answer questions in the legislature from Opposition Leader Bernard Richard yesterday. Mr. Richard said a reliable, but anonymous, source told him that a truck carrying nuclear waste had travelled from the Port of Saint John without any documentation indicating it contained. CP 2002 Bell Globemedia Interactive Inc. All Rights Reserved. ***************************************************************** 35 Nevada files suit on new Yucca rules April 12, 2002 LAS VEGAS SUN WASHINGTON -- As part of its expanding anti-Yucca Mountain campaign, Nevada filed a lawsuit against the Nuclear Regulatory Commission on Thursday. Clark County and Las Vegas joined the suit. The lawsuit alleges the NRC had no legal authority to change the rules it will apply to the proposed nuclear waste repository. The NRC rules were adopted in November. State officials say the Energy Department and NRC changed the rules laid out by Congress when lawmakers directed the deparmtent to bury nuclear waste in a site that isolates the waste and deadly radiation using primarily geologic features. Congress has not approved the new rules. Nevada officials say the agencies intend, under their new rules, to rely more on engineered, man-made barriers such as steel waste containers, rather than natural rock. The point is important because Nevada officials argue that Yucca Mountain's natural features are not adequate to isolate the waste from humans and the environment for thousands of years. The state filed a similar suit against the Energy Department in December. Several other lawsuits are pending, including one against the Environmental Protection Agency over its radiation standards rules. Nevada will leave no stone unturned in its attempt to remind the nation why a Yucca repository is a bad idea, Attorney General Frankie Sue Del Papa said in a written statement. NRC officials have not reviewed the lawsuit, spokeswoman Sue Gagner said today. All contents copyright 2002 Las Vegas SUN, Inc. ***************************************************************** 36 Nevada's anti-Yucca fight turns green Las Vegas SUN April 12, 2002 By Benjamin Grove < [grove@lasvegassun.com] > WASHINGTON -- Nevada leaders are counting on what may be an unprecedented swell of support from the environmental community -- including a few green-minded celebrities -- as the Yucca Mountain project faces a decision in Congress. Environmentalists and activists in far-flung places such as Alto, Ga., and Montpelier, Vt., will be increasingly important foot soldiers in the battle against the proposed nuclear waste repository project, state officials said. Anti-Yucca activists are arranging e-mail campaigns and sending word to their lawmakers that the plan to bury the nation's most dangerous radioactive byproducts in Nevada is deeply flawed. "We have started a full-court press," said Daniel Becker, director of global and energy programs at the Sierra Club. The 750,000-nationwide member parent group sent e-mails this week to its 63 chapters in all 50 states with Yucca updates, urging locals to pressure their lawmakers, he said. "It's a tough battle, but it's a winnable battle." In Nevada's fight against the proposed nuclear repository, environmentalists are expected to take an active role in trying to rally public opinion against the dump. A variety of green groups, plus an odd assortment of other organizations that include the International Association of Fire Fighters and Grandmothers for Peace International, are on record opposing the Yucca project. On Thursday a coalition of environmental, taxpayer and consumer groups issued a report called Green Scissors 2002 calling Yucca Mountain one of the 10 "choice cuts" for the federal budget. The group called the proposed nuclear repository "wasteful and environmentally harmful." Gov. Kenny Guinn's chief of staff, Marybel Batjer, said environmental groups "are so critical to our grass-roots efforts." She said some groups have made this an issue they'll grade Congress on, meaning a senator or representative's environmental record will be judged in part on how he or she votes on the issue. "That is really powerful to some members," Batjer said. Nuclear industry officials shrug off most claims made by anti-nuke activists, and quietly dismiss them as not influential with conservative members of Congress who are likely to support Yucca Mountain. Industry officials point to the fact that nuclear power generates about 20 percent of the nation's electricity, and unlike other sources like coal, produces no greenhouse gases. "Sometimes it's hard to take these folks as credible because they completely fail to acknowledge or recognize that nuclear energy is by far the nation's leading form of energy that does not pollute the air," said Steve Kerekes, a spokesman for the Nuclear Energy Institute, the nation's leading nuclear trade group. Nevada leaders are trying to enlist some star power to add visibility to the campaign. Sen. Harry Reid, D-Nev., said today that no big-name star has agreed to help the state yet and he wasn't aware of any that had been specifically contacted by the state's anti-Yucca team of publicists and lawyers. He said the state's lobbyists John Podesta and Ken Duberstein were exploring options. Reid pointed to anti-nuclear event appearances by musicians Joan Baez, the Indigo Girls and Bonnie Raitt. "We've had a number of people help us out over the years. Anything that focuses attention on this issue is a help to us," Reid said. "That's why 'The West Wing' episode was so important." Reid talked about six weeks ago with Ruben Aronin, executive director of Earth Communications Office, or ECO, a Los Angeles-based outfit that enlists celebrities to promote environmental causes about six weeks ago. The group specializes in arranging for a variety of celebrities to star in public service campaigns -- including television spots -- "that educate and inspire people around the world to take action to protect the planet," according to its website. ECO's Board of Directors includes actor Pierce Brosnan, model Cindy Crawford, producer Ron Howard and Grateful Dead guitarist Bob Weir. It's not clear yet if ECO can help put a spot together in time to have any effect before a vote in Congress, sources said. Part of the challenge is educating a big-name star about the complexities of the Yucca project. A number of celebrities are active on nuclear issues -- none moreso than "The West Wing's" star Martin Sheen, whose presidential character was at the center of a nuclear waste transportation accident plot line in an episode two weeks ago. (The show generated a lot of buzz, but it's not clear if it raised any nationwide awareness about Yucca Mountain.) But it could prove difficult to find a high-profile entertainer to feature in a Yucca-specific spot, Aronin said. "It's certainly a challenge with the time constraints we're under," Aronin said. If an ECO-backed spot doesn't pan out, Reid staffers are said to be chasing another big-name star to play an undisclosed role in the state's anti-Yucca fight. Reid's aides are not releasing details. "It's fair to say that Sen. Reid has a lot of people who want to help," Reid spokesman Nathan Naylor said. "He's got a lot of friends." Reid, the Senate's No. 2 Democrat, has met a number of celebrities over the years through Democratic fund-raising ties and as a rising lawmaker in Congress. Reid appeared -- as a U.S. senator -- in a scene with Michael Douglas the Oscar-winning movie "Traffic." Christie Brinkley, at Reid's invitation, testified earlier this year in opposition to a government-backed insurance plan during a Senate nuclear safety subcommittee hearing, of which Reid is chairman. Reid is also known as a friend among the environmental lobby, and as the project has evolved since 1987, the numbers of groups such as the Green Scissors coalition have grown. This month officials at the anti-Yucca group Nuclear Information and Resource Service, with help from Public Citizen, researched the groups that have voiced opposition in recent years -- and compiled a list. The updated tally surfaced Tuesday when Gov. Kenny Guinn announced his veto of President Bush's Yucca Mountain endorsement. The final numbers: 47 national groups and 477 local and state organizations oppose the waste dump. "If we had more time, we would have gotten much higher numbers," NIRS waste transportation analyst Kevin Kamps said. "There has been consistent opposition to Yucca Mountain for a long time, but it hasn't always been a front-burner issue. Now it is." It's not clear if the NIRS list constitutes one of the largest coalitions of environmental groups established in recent years. But its size makes one thing clear, activists said. "Yucca Mountain is a top priority of the major national environmental, consumer and safe energy organizations because of the potential harm to human health and the environment that this project poses," Brent Blackwelder, president of Friends of the Earth, said this week. "We stand as one in urging Congress to uphold Gov. Guinn's veto." Guinn vetoed President Bush's approval of the Yucca project on Monday, which by law gave Congress 90 days to vote on whether to go ahead with the controversial project. As the Yucca debate unfolds, environmentalists and other activists expect lawmakers to take them seriously as thoughtful policy players, not dismissed as tree-hugging rabble-rousers, several said. They hope their sheer numbers -- as well as the content of their message -- will weigh heavily on lawmakers representing districts all over the country. "The Department of Energy has gone to great lengths to show that this is a Nevada-only issue," said Lisa Gue of Washington-based Public Citizen. "It has taken a lot of work and dedication for these groups across the country to show Americans that this applies to you." Sun reporter Cy Ryan contributed to this story. All contents copyright 2002 Las Vegas SUN, Inc. ***************************************************************** 37 Editorial: Dropping the ball on nuke dump Las Vegas SUN April 12, 2002 On Wednesday the Nevada Legislature's Interim Finance Committee approved up to $3 million for an anti-Yucca Mountain media blitz to explain the dangers of nuclear waste transportation. But the allocation came with strings attached, conditions that will seriously hamper the state's efforts to fend off plans in Congress to build a nuclear waste dump in Nevada. Instead of immediately disbursing the money, Senate Majority Leader Bill Raggio, the swing vote on the finance committee, cajoled other lawmakers to go along with his demand that no state money be allocated until it was matched by contributions from private sources or local governments. In addition, any of the local government money already spent on the anti-Yucca Mountain campaign -- such as the $1 million previously delivered by Clark County -- won't be counted by the state toward the matching funds. Local governments haven't exactly shown their courage, either. While Clark County did approve some funding, last week the commission delayed action on a proposal by County Commission Chairman Dario Herrera to set aside another $3 million for the fight. The other county commissioners said the state should ante up first. Thank heavens local government officials and state lawmakers aren't members of a volunteer fire department. If there were an emergency, they'd spend all day at the firehouse arguing over who should suit up first while the home they're supposed to be saving instead burned to the ground. It all should have been oh so simple. Nevada's two U.S. senators, Harry Reid and John Ensign, asked Gov. Kenny Guinn to convene a special session of the Legislature to get $10 million for the anti-Yucca Mountain campaign. But too many state legislators opposed a special session, forcing Guinn to seek a lower amount through the Interim Finance Committee. Any money raised probably will be spent on television and newspaper advertisements in states where its U.S. senators would be more amenable to siding with Nevada. But the failure to get enough money quickly will make it difficult for Nevada to effectively get its message out in time since a final vote on Yucca Mountain will happen within three months. What's inexplicable is that the state's residents overwhelmingly oppose Yucca Mountain, but too many state legislators and local officials act as if they're a fraid to fight and help our state's congressional delegation. All contents copyright 2002 Las Vegas SUN, Inc. ***************************************************************** 38 Editorial: Nuke waste: Burial not the only answer Las Vegas SUN April 12, 2002 Technology known as transmutation, which could provide an alternative to the burial of nuclear waste at Yucca Mountain, has never been a priority for the federal government. Theoretically, transmutation can destroy high levels of radiation in nuclear waste. The 77,000 tons of high-level nuclear waste that may be destined for Yucca Mountain, for example, could be reduced to under five tons. The remainder would be low-level waste that perhaps could be isolated somewhere other than 90 miles northwest of Las Vegas. Transmutation has been receiving annual research funding in the $30 million and $40 million range. In the past 15 years, by contrast, the federal government has sunk $7 billion into burial technology, which scientists so far have been unable to prove is safe. If transmutation were made a priority, with annual research dollars in the hundreds of millions, perhaps scientists studying the technology, including those at the University of Nevada, Las Vegas, could make a breakthrough that would render burial a primitive solution. All contents copyright 2002 Las Vegas SUN, Inc. ***************************************************************** 39 Letter: Build Bush a house next to nuke dump Las Vegas SUN April 12, 2002 Want to see the Yucca Mountain problem go away? Let's all chip in and build beautiful palatial homes for President Bush, Vice President Dick Cheney, nuclear power lobbyist John Sununu and every other lunatic demanding that our state become the mother of all trash heaps. Give them the homes free of charge with the stipulation that they must spend six months of every year for the rest of their lives here in beautiful Nevada. Let their back yards look upon Yucca Mountain in all its splendor. I'll gladly double my taxes each year to see Bush turn a part of Nevada into the Western White House, so long as he's there! Wonder how quickly this problem would go away if it were in his back yard? GLORIA GORLIN All contents copyright 2002 Las Vegas SUN, Inc. ***************************************************************** 40 Utah N-Waste Ban Argued in U.S. Court The Salt Lake Tribune -- Friday, April 12, 2002 BY JUDY FAHYS THE SALT LAKE TRIBUNE Advocates of a nuclear plant waste storage facility in Skull Valley asked a federal judge Thursday to strike down four state laws intended to block the project. While an out-of-state utility consortium, Private Fuel Storage, called the laws unconstitutional, the state's attorney insisted the laws stop a federal agency, the U.S. Nuclear Regulatory Commission, from assuming authority that Congress never gave it. Private Fuel Storage sued after the Legislature passed laws that, among other things, outlaw a high-level nuclear waste facility in Utah and promise fines, jail time and heavy taxes for anyone doing business with such a facility. U.S. District Judge Tena Campbell discussed the arguments with the attorneys for two hours before taking the case under advisement. Her questions suggested both views posed practical problems for the court. Agreeing with the utility consortium that the laws are unconstitutional would force her to step into an issue that is already under legal review by the Nuclear Regulatory Commission itself, the judge said. Siding with the state's argument that the commission lacks that licensing authority would mean a likely appeal to the 10th Circuit Court of Appeals in Denver -- which is exactly where the Nuclear Regulatory Commission's ruling is bound to wind up if the state loses that decision. Campbell emphasized it is not her job to say whether the controversial facility belongs in Utah. "I don't have any role in making that decision," the judge said. "That's the role of the NRC." Private Fuel Storage signed a lease in 1996 to store up to 40,000 tons of depleted nuclear fuel above-ground on a concrete pad inside the Skull Valley Goshute Indian Reservation. The consortium is leasing the land from the Skull Valley Band of Goshute, who are co-plaintiffs in the lawsuit. A subordinate panel of the commission, the Atomic Safety and Licensing Board, has been reviewing Private Fuel Storage's license application for the $3.1 billion facility this week in hearings in Salt Lake City. The panel is expected to decide on the license in September. © Copyright 2002, The Salt Lake Tribune ***************************************************************** 41 N.J. Toxic Dirt Coming to Utah The Salt Lake Tribune -- Friday, April 12, 2002 THE ASSOCIATED PRESS MAYWOOD, N.J. -- Some of 470,000 tons of toxic dirt that officials planned to ship to Colorado will now go to Utah. The dirt, from a Superfund site in Bergen County, had been scheduled to go to Colorado until that state's governor said no. According to an emergency plan, the federal government has decided to send some of the dirt to Clive, Utah, to be disposed. The Army Corps of Engineers would like to ship up to 30,000 tons of the Maywood soil to Envirocare of Utah Corp., which operates a disposal site in Clive, said Allen Roos, a spokesman for the corps. He said the short-term contract is needed so that excavation work at the area around the former Maywood Chemical Co. plant can continue. The ground at the site is contaminated with thorium, a radioactive mineral used in the manufacture of gas lanterns. On Friday, Colorado Gov. Bill Owens signed a bill requiring two public meetings and state approval before a Canon City company could accept the soil. The action came after area residents formed a group, Colorado Citizens Against Toxic Waste, to protest the plan to bring the soil to their state. Cleanup efforts at the Maywood site have been ongoing since 1984 at a cost of about $184 million. In this final phase of the project, federal officials believe 470,000 tons of toxic dirt must be disposed of. The corps has already sent 45,000 cubic yards of soil to the Utah site since 1997, but officials decided to switch to Cotter last year to save money. Residents in Colorado plan to continue their fight against the soil being dumped there. "We understand this waste needs to leave Maywood, but we feel they have fast-tracked this and are trying to shove it down our throats," Sharyn Cunningham, a member of Colorado Citizens Against Toxic Waste, told The Star-Ledger of Newark for Wednesday editions. "Cotter sits uphill, upwind and upstream from our city. We feel if they add more to it, the likelihood of more contamination seeping out is high." © Copyright 2002, The Salt Lake Tribune ***************************************************************** 42 Mystery barrels unearthed Anchorage Daily News www.alaska.com/] It's the site to find "everything Alaska," including information on travel, relocation and entertainment. The business directory allows you to locate stores and services statewide. You can get ALASKA.com logo items in the ADN Store [http://www.adnstore.com/] FORT GREELY: Hazardous materials crews comb site of 1940s military dump. By Zaz Hollander Anchorage Daily News (Published: April 12, 2002) Workers clearing dirt for a new missile defense system at Fort Greely this week unearthed a cache of rusty barrels that could hold remnants of chemical weapons. Some barrel lids from the mysterious 1940s military dump read "US CWS" -- the abbreviation for the United States Chemical Warfare Service, the U.S. Army chemical and biological combat agency inactivated in 1946. Army officials say they don't know what's in the more than 20 corroded World War II-vintage barrels. Some barrels yawn open, revealing frozen crystallized contents. Others are so riddled with holes that they're empty. Three of the contract workers who discovered the barrels reported skin irritations Thursday, according to Chuck Canterbury, an Army spokesman at Fort Richardson. One was treated and released with "six red dots" at the hospital on Fort Wainwright, Canterbury said. Two others were examined at Fort Greely, one suffering from a rash covering his chest, the other with tiny red bumps around his waist and neck. On Thursday, hazardous materials crews in protective breathing apparatus combed the site, three miles south of the developed part of the Fort Greely facility. A sentry guarded a roadblock barring the only access route, state and Army officials said. "We're taking it as a worst-case scenario because we don't know what's in there," Canterbury said. "Maybe it's oatmeal in there. But then again it could be something serious." Greely was home to an experimental nuclear reactor from 1962 to 1972. And for years, the post served as an experimental chemical and biological weapons testing site. In the 1950s and 1960s, the Army conducted secret tests of weapons, including nerve gas, mustard gas and tularemia, a bacterial disease known as rabbit fever that killed every animal and bird across 100 acres during a 1965 test. In the mid-1960s, hundreds of rockets carrying poison gas sank into Greely's Blueberry Lake after the Army stored them on the frozen surface but didn't remove them by spring. They were recovered years later. This week's appearance of the apparent drum dump didn't surprise activists in Fairbanks. "I'm surprised this is the first time this has happened," said Stacey Fritz, coordinator for No Nukes North, who said friends driving heavy equipment at Fort Wainwright have found unexploded ordnance. A government contractor and subcontractor had 14 people working at the site Monday and 18 people Wednesday. It's unclear why the contractor, Aglaq Corp., discovered the barrels Monday but didn't report it until Wednesday. The contractor contacted the U.S. Army Corps of Engineers. A local official went out to check the site, saw the letters printed on some barrels and pulled the workers out. Seventeen of the 22 members of the 103rd Civil Support Team left Anchorage on Wednesday night for Greely and will lead the response. The new Alaska National Guard team was certified last month to react to incidents involving weapons of mass destruction. The team is processing soil samples at a mobile lab on-site to find out what the barrels contain, said Ed Meggert, state on-scene coordinator with the Alaska Department of Environmental Conservation. On Wednesday, the Army environmental office hired an Anchorage rapid-response contractor. The contractor, Roy Weston, on Thursday joined the U.S. Army Alaska Command Fire Chief at the site. The Army also notified the National Response Center in Washington, D.C. Aglaq was sorting dirt in preparation for summer construction of the Ground-Based Midcourse Defense Site. Reach reporter Zaz Hollander at zhollander@adn.com [zhollander@adn.com] or 907 257-4591. The Anchorage Daily News [http://www.adn.com] ***************************************************************** 43 Regulators wait to sign off on DOE waste plan Oak Ridger Online --> Story last updated at 11:11 a.m. on Friday, April 12, 2002 by Paul Parson Oak Ridger staff It could be a couple of weeks before the Department of Energy's regulators sign off on an accelerated cleanup plan for some of Oak Ridge's high-risk sites. Officials with DOE's Oak Ridge Operations office met Wednesday with its regulators, including the Tennessee Department of Environment and Conservation and the Environmental Protection Agency. Lori Fritz, deputy assistant manager for DOE's Oak Ridge Environmental Management program, said the regulators are hesitant to sign a letter of intent to proceed with the plan until the level of funding is established. However, Fritz said she didn't know when that would happen. "We feel a sense of urgency," she said, adding that DOE headquarters could visit Oak Ridge in the coming weeks regarding the accelerated cleanup program. The Oak Ridge Operations office reportedly requested between $500 million to $650 million over a four-year period in the proposal it recently submitted to DOE headquarters. The emphasis of the proposal is on the accelerated cleanup of the Oak Ridge K-25 site, which was built in the 1940s to enrich uranium for use in nuclear weapons, and the Melton Valley radioactive waste burial grounds at Oak Ridge National Laboratory. Under the new plan, the completion date for K-25 would be shifted from 2016 to 2008, with the total cost dropping from $2.4 billion to $1.5 billion. The end result would be a self-sustaining private industrial park. The Melton Valley completion date would shift from 2014 to 2006, with the total cleanup cost dropping from $350 million to $240 million. Oak Ridge's current cleanup efforts were labeled "mediocre" in a comprehensive review of DOE's Environmental Management program that was issued in February. The review determined that Oak Ridge was focusing on the "easy work," not on higher-risk activities. As a result of the comprehensive review, DOE headquarters launched the accelerated cleanup program. Around $433 million of the new $800 million account was set aside earlier this year for cleanup efforts in Hanford, Wash. Paul Parson can be contacted at (865) 220-5533 or [pparson@oakridger.com] . [http://www.oakridger.com] All Contents ©Copyright The Oak Ridger ***************************************************************** 44 Project tackles liquid mercury waste Oak Ridger Online --> Story last updated at 11:12 a.m. on Friday, April 12, 2002 by Paul Parson Oak Ridger staff Perma-Fix Environmental Services Inc. has successfully treated a type of radioactively contaminated liquid mercury waste, most of which was in storage since early in the Cold War. Since the early 1950s, mercury has been widely used throughout the Department of Energy's facilities for activities associated with the production of weapons and various research and development projects. Radioactively contaminated mercury wastes require complex treatment processes that meet the requirements of federal regulations and disposal site criteria. Perma-Fix, an environmental services company that leases space at the Oak Ridge K-25 site, worked with ADA Technologies Inc., which is based in Colorado, on the effort to treat what is known as elemental mercury, which is a shiny, silver-gray metal that is liquid at room temperature. It is known to be toxic to humans. Perma-Fix has several subcontracts from the Department of Energy and other federal agencies for the treatment of mixed waste stored at Oak Ridge, as well as wastes shipped in from 40 other governmental sites. Paul Parson can be contacted at (865) 220-5533 or pparson@oakridger.com [pparson@oakridger.com] . [http://www.oakridger.com] All Contents ©Copyright The Oak Ridger ***************************************************************** 45 State to offer USEC incentives: Paxton The Paducah Sun Paducah, Kentucky Friday, April 12, 2002 State to offer USEC incentives: Paxton Paducah's mayor is working with state legislators on an incentive package to sway USEC to build its next uranium enrichment plant here instead of Ohio. By Bill Bartleman bbartleman@paducahsun.com--270.575.8650 USEC Inc. will be offered an aggressive incentive package later this year to help persuade the company to build its next-generation uranium enrichment plant in Paducah, according to Mayor Bill Paxton. USEC will build the $1 billion gas centrifuge plant in either Paducah or Portsmouth, Ohio, according to USEC spokeswoman Elizabeth Stuckle. It will replace the antiquated gaseous diffusion process used at the Paducah Gaseous Diffusion Plant, the nation's only remaining enrichment plant. At stake for both states are hundreds of jobs and economic development opportunities related to having the high-tech plant. Paxton said he's working to coordinate a package that will have the backing of local, state and federal officials. "We need to get our act together," Paxton said. "At this point, we feel Ohio is a little ahead of the game in what they are doing. We know that Ohio is extremely hungry for this since it lost its enrichment plant." The new plant, expected to be in operation in six or seven years, will replace the Paducah plant, which has about 1,400 employees. Stuckle said USEC has two decisions to make — where to build a demonstration plant to test and refine the new technology and where to install the commercial plant. "As with any competitive economic development project, both states later this year will be offered the opportunity to vie for the centrifuge sitings," Stuckle said. "The siting of the demonstration plant does not mean the commercial plant will be there, as well." Paxton met with state development officials Thursday in Frankfort, including Economic Development Secretary Gene Strong, to lay the groundwork for drafting an incentive package. He also met with officials of the University of Kentucky involved in developing a research park in the Paducah Information Age Park. "We brought officials in Frankfort up to speed on environmental issues at the plant, the new technology and what we need to do to get it in Paducah," Paxton said after the meeting. "The meat of the meeting was trying to make the state aware of what's going on. We hope to have another meeting in a couple of weeks to follow up on some of the issues we discussed." While declining to specify potential incentives, he said state officials were cooperative and helpful. He said one potential incentive "should be extremely attractive to USEC" and give Kentucky a competitive advantage. Strong was not available for comment. On Saturday, Paxton, McCracken County Judge-Executive Danny Orazine and others will meet with U.S. Rep. Ed Whitfield to discuss USEC. Whitfield said it is too early to speculate on whether the federal government will help pay for the plant or if it will have a say in its location. Whitfield, R-Hopkinsville, said he's concerned about rumors that members of the Ohio congressional delegation are pressuring the U.S. Department of Energy to force USEC to build the gas centrifuge plants in Ohio. USEC is involved in negotiations with DOE to remain the exclusive agent for processing nuclear weapons from Russia that will be recycled into nuclear fuel. He said some officials from Ohio want a guarantee from USEC that it will build the new plant in Ohio in exchange for remaining the exclusive agent for the Russian uranium. "I think that would not be the proper thing to do, and it would shock me if they (DOE negotiators) did it," he said. "The decision on centrifuge should be based on the competition between the states." Whitfield said he was trying to schedule a meeting with DOE's lead negotiator to discuss the situation. Paxton said additional meetings will be held with U.S. Sen. Mitch McConnell, R-Louisville. "I want to make sure we all are working together to put together the best possible package we can make," Paxton said. "I am extremely optimistic that we can win this competition." ***************************************************************** 46 ENERGY: Safety is the answer 041202 opinion 3 Jacksonville.com Congress is supposed to act in the national interest and, in that regard, its clear duty is to approve the nuclear waste repository at Yucca Mountain in Nevada. Last modified at 7:22 p.m. on Thursday, April 11, 2002 Congress is supposed to act in the national interest and, in that regard, its clear duty is to approve the nuclear waste repository at Yucca Mountain in Nevada. President Bush recommended that course of action and virtually every knowledgeable person who has examined the plan supports it as well. Millions of man-hours have been spent studying the plan to store the waste from U.S. Navy submarines and carriers, and the nation's 103 commercial nuclear power plants, which supply 20 percent of the nation's electricity. The federal government has a legal obligation to provide for the storage, but has failed to do so for decades. Currently, waste is piled in temporary storage in 39 states, including Florida. The opposition consists of organizations that oppose any kind of energy -- even the clean power produced by nuclear plants -- and a few politicians in Nevada. When that state objected to the Bush proposal, it left Congress to decide the issue. But the objections do not justify rejecting the proposal. Transportation of waste to the site is not an unacceptable risk and the site itself is as safe as any site possibly could be, based on years of scientific study. In any case, it certainly is safer than where the waste is being stored. © The Florida Times-Union ***************************************************************** 47 Yucca Sucks (Too) Salt Lake City Weekly - Politics - April 11, 2002 Sen. Gene Davis fights plans to move nuclear waste to Nevada via Utah. Gene Davis has to be pretty frustrated. OK, hes got this governor whos taken a highly public stance against temporary nuclear storage down on the Goshute reservation. This is the good part. But he cant squeeze out a word of indignation over the Yucca Mountain, Nev., site. Thats the place just north of Las Vegas where President George Bush wants to cart the nations 77,000 tons of nuclear waste. Permanently. And it would have to roll through Utah to get there. The nuclear activists will tell you just what it all means. Theyll march out the players for you, and help you understand just why you should be apoplectic about all this. But the fact of the matter is that most people cant really wrap themselves around something that will happen when theyre all deador at least really, really old. Or something that could happen to them on the way to the dump. Davis, a Democratic state senator from Salt Lake City, understands that. He just cant figure out Gov. Mike Leavitt. Why does he put the cabosh on Utahns debating the subject? Davis asks. Its a rhetorical question now since the demise of a resolution Davis sponsored in this most recent legislative session. The resolution condemned the idea of Yucca Mountain as the permanent site for all this high-level N-waste. It directly tied Yuccas approval to the attempts of Private Fuel Storage (PFS) to build that, ahem, temporary site at the Skull Valley Goshute Reservation. Things like Yucca couldnt hold all the N-waste, and then, if the Yucca Mountain site were rejected, PFS couldnt very well say it was building a temporary site unless it defined temporary as the half-life of the universe. Davis, however, thought he had a commitment from Leavitt to let the bill be debated in the Senate. It was a small concession, easily dismissed. Davis bill was put on the back burner while he went downstairs for a chat with the governor. He was adamant on the fact that it would screw up his negotiations, says Davis. Hes got these ongoing negotiations there, he claims, but I said we needed to raise the issue in the state and that hed already made statements to the Western Governors Association about this opposition. In fact, the Western Governors issued two resolutions on nuclear waste issuesone that said no state should have to accept N-waste if its governor rejects it. At press time, Nevadas governor was poised to veto Bushs selection of Yucca Mountain. A weird little veto-equity law allows a governor to do that, and then lets Congress come back in 100 days and override that decision. Nevada state officials have been trying to come up with $10 million to stir opposition to the dump, but its an uphill battle. The nuclear industry spent $25 million to persuade Congress that Nevada was the place, and now people are feeling kind of resigned. After this many years and this much money, theres a certain degree of inevitability, says Bob Loux, director of Nevadas Nuclear Projects Office. Our view is that we dont think this stuff should move anywhere until there is a final site that is acceptable. Nevada certainly is intent on that, and I think theres still a heck of a lot more fund-raising yet to be done. Davis doesnt like the transportation issues, eitherespecially in the wake of Sept. 11. Too many things could go wrong en route. I see no difference between the transportation issues with PFS and Yucca Mountain, Davis says. But the governor didnt want to discuss it because he was into these real sensitive negotiations. In fact, there are a couple of differing strategies in the N-waste battle. Utahs Republican leadership appears to believe that if Yucca Mountain is approved, there will be no need for the PFS facility. In other words, why store nuclear wastes temporarily when you can drive them down the road to a permanent site? Thats a 180-degree turn-on-its-head fantasy, says Steve Erickson, a lobbyist for the Sierra Club. The real thing is that PFS hinges on Yucca Mountain. Back to the temporary-permanent thing. It would take a whilemaybe 10 yearsbefore Yucca Mountain could begin receiving its first wastes. Then maybe 30 or 40 years later, all 139 reactor sites around the country would have sent their wastes to Yucca Mountain. That could be 50 years from time of political approval. The Nevada solution has a lot of impact on Utah, says Leavitts spokeswoman Natalie Gochnour. Our position has been in favor of a permanent solution, and weve supported the administrations attempt. Well, Loux isnt exactly overjoyed with that response. A few years ago, his Nevada office helped brief Gov. Leavitts staff on the problems, and everyone seemed to be working together. Weve done quite a bit for your state on PFS, he says. I know Nevadas elected leaders have been a little disappointed that there hasnt been a quid pro quo, and the biggest thing has been the ball being dropped with the resolution. After his chat with the governor, Davis returned to the Senate floor and stood to be recognized. Senate President Al Mansell looked away and called on someone else. Davis went up to him and asked Mansell why he wouldnt acknowledge him. The answer was something like there wasnt time for these games. To Davis, the issue is no less important today than the MX Missile issue was during the Matheson administration. He tried again to be recognized. And again. It was futile. It has been futile. In 1997, 98 and 99, Utahs congressional delegation voted to pass bills to get on with the Yucca Mountain deal. One bill passed, only to be vetoed by then-President Clinton. In recent public opinion polls, Utahns dont seem to see any connection between Yucca Mountain and Utah or PFS, and they support the Nevada site. There may be a rationale; theres certainly a fear of storing it in Utah. And politics play to fear. story search ...in Event Listings Romance Readers Book Group 1st and 3rd Thursday of the month, 7 p.m. at Borders in Murray. ...in Dining Barbacoa Mexican Grill Mexican cuisine. Delicious specialty burritos with beans, rice, fajita mix, and guacamole, made to order with fresh products only. Order the barbacoa, made of spicy shredded beef. Salt Lake City Weekly and slweekly.com ©1996-2002 Copperfield Publishing, Inc.. All rights reserved. ***************************************************************** 48 DOE Urges South Carolina Governor Hodges To Sign Plutonium Disposition Agreement Ensures Facility For South Carolina; Closure Date of 2006 For Rocky Flats Facility National Security Objectives Met with Reduction in Plutonium Inventory energy.gov - Headquarters' Press Release RELEASE DATE: April 11, 2002 Washington, D.C. – U.S. Secretary of Energy Spencer Abraham urged South Carolina Governor Jim Hodges to sign a proposed agreement that would ensure the United States would keep its international nuclear nonproliferation commitments by building a plutonium disposition facility at the DOE’s Savannah River Site. The Governor has stated that he would not agree to the shipment of plutonium into South Carolina in order to fulfill the U.S.-Russia agreement unless there was an assurance that any plutonium would have a pathway out of the State. He has subsequently said he would not sign an agreement unless it was “enforceable.” The agreement, signed and sent by Secretary Abraham, meets the Governor’s call for enforceability by proposing two mechanisms: a revised Record of Decision incorporating the proposed agreement; and proposed legislation that would ensure that, for any plutonium brought into the state of South Carolina, there would be a pathway out. In addition, under terms of the agreement the closure date of 2006 for the DOE’s Rocky Flats Facility, a former plutonium production facility, will be maintained. “It is now time to bring this process to a close. Further delay in reaching agreement will undermine important international and domestic priorities of the United States. First, it will undermine the U.S. plutonium disposition agreement with Russia. We need to move forward with the MOX plant that will be used to dispose of plutonium at issue in order to honor our commitments to the Russian Federation. That will be very difficult to do in the face of potential litigation from the Governor of the State where the plant is to be located,” Abraham said in the letter. “Second, as I noted earlier, our inability to reach agreement is also jeopardizing cleanup activities across the nation. In particular, a continued impasse will also directly cause the closure of Rocky Flats to slip past 2006.” Under the agreement, the following commitments to South Carolina are established: + Construction of two plutonium disposition facilities in South Carolina + A firm commitment to fully fund and carry out this program ($3.8 billion over 20 years) + Establishment of annual funding targets + Notification to the State of South Carolina of all plutonium shipments into the state + A commitment to maintain a pathway out of South Carolina for any plutonium brought into the state, including firm dates by which such material would be removed from the state if, for any reason, full funding necessary for the plutonium disposition program were not secured. “DOE and South Carolina should join hands and pursue legislation that would ensure this agreement is legally enforceable, as the Governor has consistently suggested,” Abraham said. “In short, we have gone to extraordinary lengths to accommodate South Carolina’s concerns. This is a good agreement. We urge the Governor to sign it.” In the event that Governor Hodges does not sign the agreement, Secretary Abraham stated his intention to take immediate steps necessary to meet the country’s national security and environmental cleanup objectives, including the issuance on April 15th of an amended federal Record of Decision that does not incorporate the terms of the proposed agreement and the requisite 30-day notice of DOE’s intent to begin shipments of weapons grade plutonium from its Rocky Flats facility to South Carolina. Agreement and Letter to Governor Hodges. Media Contact: Joe Davis, 202-586-4940 Release No. PR-02-061 ***************************************************************** 49 Gibbons Commends Transportation Chairman for Leadership on Yucca Mountain Gibbons (NV02) - Press Release - April 11, 2002 Committee Will Hold Hearing on April 25th Washington, D.C.— Working to ensure the House of Representatives has every opportunity to debate the Yucca Mountain issue, U.S. Congressman Jim Gibbons (R-Nev.) commended House Transportation Chairman Don Young for rescheduling a joint hearing in his committee on the transportation of nuclear waste to Yucca Mountain. Due to agenda of House Speaker Dennis Hastert (R-Ill.) an earlier hearing date, April 25, 2002, was necessary to ensure the hearing occurred before a full House floor vote. “The members of the House deserve the right to fully debate the dangers of transporting high level nuclear waste across the country to Yucca Mountain,” stated Gibbons. “I am disappointed by the Speaker’s urgency in scheduling a vote on an issue of such great importance, but I am pleased that Chairman Young is committed to protecting the health and safety of Americans. His willingness to reschedule this joint hearing will give Nevadans an opportunity to clearly detail the dangers of transporting nuclear waste through 44 states-- past our schools, hospitals, and homes-- for the next 38 years.” “I believe its imperative that Congress carefully and fairly examine the transportation issues involved in transporting nuclear waste throughout our nation to the Yucca storage site,” stated Chairman Young. “The transportation of the spent rods from the nuclear plants to Yucca will cross virtually every state in the nation, and we must thoroughly examine all of the issues related to this transportation.” ***************************************************************** 50 Radioactive waste on rig sparks disposal fears The West Australian April 12, 2002 By Daniel Clery AN APPLICATION from an oil and gas company to transport radioactive waste into WA has sparked fears about the disposal of toxic material from WA's offshore oil and gas rigs. Questioning by Greens (WA) MLC Giz Watson in Parliament has revealed that 1435 litres of radioactive waste is sitting on an oil and gas rig off the North-West coast, awaiting State Government approval to dispose of it. The Radiological Council of WA is waiting for legal advice on whether bringing the waste into the State contravenes the 1999 Nuclear Waste Storage Prohibition Act. The Health Department has admitted it is unsure of how much similar waste is being produced off the coast and where it is going. Director of population health Michael Jackson said he understood the waste was a combination of uranium and thorium that formed during a common cleaning process of the rig's pipes. "Some of these locations are quite remote and I don't think this is an isolated incident," he said. "So there is a question here about the disposal of similar waste that is generated at any other oil and gas exploration or operating sites." The Government has so far refused to disclose the company that has made the application but will ask it to voluntarily disclose its identity. Mr Jackson said he believed the best environmental outcome was for the waste to be taken to the Mt Walton disposal site in the Goldfields. However, he accepted that this might contradict the 1999 Act, which prevents radioactive waste produced in international waters to be brought into WA. Ms Watson said there were real concerns about how major oil and gas companies might be disposing of the waste. © 2002 West Australian Newspapers Limited All Rights Reserved. ***************************************************************** 51 Plan takes nuclear waste down I-75 Shipments from Charlevoix could travel through Bay County en route to Nevada dump site Thursday, April 11, 2002 By Jeff Kart Times Writer Tons of radioactive nuclear waste may travel down Interstate 75 and through Bay County on its way to a proposed national disposal site at Yucca Mountain in Nevada, according to Nevada state officials. Bay County commissioners weren't aware of the probable travel route when they endorsed the Yucca Mountain plan at a meeting this week, said Commissioner Edward L. Rivet, D-4th District. But Rivet, who asked for the endorsement as a member of the Michigan Association of Counties' board, said he doesn't think residents should be concerned about the possibility of an accident or terrorism when the waste is being moved. He said nuclear waste has been moved thousands of times throughout the country and there's never been a spill. The waste - thousands of metal tubes of uranium oxide pellets sealed in eight concrete casks - would come through Bay County from Big Rock Point, a decommissioned Consumers Energy plant near Charlevoix. Three other nuclear plants in southern Michigan also would bury waste at the Yucca Mountain site, located in the Nevada desert about 90 miles northwest of Las Vegas. Congress still has to approve the construction of a disposal facility at Yucca Mountain, and a vote is expected before August. The site, to store 77,000 tons of the nation's radioactive material for up to 10,000 years, was picked by President Bush in February after about 20 years of debate. "I don't really think there'd be that much danger," Rivet said of moving the waste through Bay County. "I guess I'd say that's better than having it sit around." Nuclear waste is now stored at 131 temporary, above-ground sites in Michigan and 33 other states. The resolution adopted by the Bay County Board calls on Michigan's federal legislators to support the Nevada site. U.S. Rep. James A. Barcia, D-Bay City, could not be reached for comment. Barcia opposed a shipment of 4.25 ounces of nuclear fuel about two years ago that was believed to have gone up I-75 through Bay County and into Canada. Terry R. Miller, a Bay City environmentalist who tried to stop that shipment, said the Big Rock Point waste is an even greater concern. The fuel core of the Big Rock reactor, closed in 1997, contained more than 10 tons of radioactive uranium oxide pellets, according to Consumers Energy. "I think it's scary," Miller said of the waste being trucked through Bay County. He said a spill could expose people to cancer-causing materials. "I think we have to take a look at how it's going to be transported, in what kinds of containers and what would be the safest route and, if at all possible, avoid urban areas," Miller said. Rivet questions the source of the latest information on travel routes. Nevada began a campaign this week against the Yucca Mountain plan, and is putting out information about probable travel routes the waste would take to drum up opposition to the project. The state's Web site says the Nevada Agency for Nuclear Projects has spent more than 10 years studying highway and rail routes that would likely be used for shipping waste to Yucca Mountain. A map for Michigan shows waste from Big Rock Point traveling east on US-31, south on I-75 and west on Interstate 69 on its way to Nevada. Charles E. MacInnis, a spokesman for Consumers Energy and former Big Rock employee, said the U.S. Energy Department hasn't decided on routes yet. But MacInnis said transporting the nation's waste to a central location is safer than leaving it scattered across the country at temporary sites, all of which require ongoing safety measures, security and surveillance. MacInnis said Consumers receives shipments of new nuclear fuel regularly, and waste has been transported in Michigan before without incident. "We believe it is extremely safe" to move," he said. "The science is clear in that regard. The testing has been thorough over the decades. It's a very simple process." Consumers plans to begin transferring hundreds of fuel rods from a cooling pool at Big Rock to eight huge, steel-lined, concrete casks this year, he said. The casks, each about 19 feet tall and 11 feet in diameter, would be loaded onto trucks and transported to Yucca Mountain, which isn't supposed to be ready until 2010. "This is a very well-known technology," MacInnis said. "Casks have been exposed to huge amounts of fire. They have been crashed into concrete walls. They have been dropped. They have been submerged." He said electric customers in Michigan and throughout the United States also have been paying into a fund to build a permanent, national disposal facility. The charges amount to pennies a month for the average Michigan customer, but Michigan electric customers have paid more than $400 million into the fund since the charges began in 1982. - The Associated Press contributed to this report. Jeff Kart covers Bay County government for The Times. He can be reached at 894-9639. © 2002 Bay City Times. Used with permission ***************************************************************** 52 Unlikely Allies in Nuclear Waste War April 12, 2002 Debate: Party labels vanish in Nevada dump confrontation. Ferraro, Sununu face off against Podesta, Duberstein. By ELIZABETH SHOGREN, TIMES STAFF WRITER WASHINGTON -- Night after night for two years on CNN's "Crossfire," Geraldine A. Ferraro and John H. Sununu practically came to blows as they argued the opposite side of almost every issue imaginable. Now these real-life and television adversaries have found an issue they agree on. Sununu, a conservative Republican and former chief of staff to the first President Bush, persuaded Ferraro, a liberal Democrat and former vice presidential candidate from New York, to join him in lobbying for Nevada's Yucca Mountain as a permanent burial ground for tens of thousands of tons of spent nuclear waste. Not to be outdone, the state of Nevada hired a high-powered odd couple of its own to lobby on the immensely consequential issue, which faces votes in the House and Senate this summer. Two other former presidential chiefs of staff, John Podesta (Bill Clinton) and Kenneth M. Duberstein (Ronald Reagan), are working to sway members of Congress to vote against putting a nuclear depository 90 miles from Las Vegas. The unconventional pairing of political superstars has inevitably been the source of a few jokes in Washington. "I think Gerry Ferraro has the worst of it," Podesta said in commenting on their Republican partners. The strange bedfellows also demonstrate that on the many issues that are not particularly partisan--like Yucca Mountain--both sides find it essential to recruit lobbyists with strong ties to both parties. Unexpected alliances are sometimes forged in Washington, despite a pervasive us-versus-them mentality in which party allegiances seem to be branded on everyone's forehead. In February, President Bush formally approved Yucca as the nation's repository for nuclear waste. On Monday, Nevada Gov. Kenny Guinn vetoed the decision. That left the final determination in Congress' hands. It requires a simple majority in both houses to override Guinn's veto and keep the project moving forward. Only if Guinn can win a majority in at least one house can he kill the project. And with Nevada being one state against 49, that's a tall order. To marshal a majority of the 100-member Senate, for example, Nevada faces the daunting challenge of persuading 49 senators from other states to vote against the Yucca site. For 15 years, Yucca has been the only site under consideration, which has given the project an air of a fait accompli. So it was clear to Nevada that it had to pursue every vote. The calculation was different for Yucca's advocates. The U.S. Chamber of Commerce, which hired Sununu, believed that the importance of the issue dictated that a consensus of both chambers approve Yucca, and not just a Republican-weighted majority. Sununu was the one who came up with the idea of approaching his former counterpart on "Crossfire." Despite their clashing views, Ferraro and Sununu are not nearly as antagonistic as they appeared on the screen. "That's show biz," Sununu said. As a lobbyist for the Yucca site, Sununu first had to persuade Ferraro that his side was right. Her initial reaction, Ferraro said, was that if the nuclear industry was for it, she must be against it. But then Sununu asked her to focus on the narrow issue of whether the nation would be better off consolidating all its nuclear waste at one storage site rather than keeping it at 130 nuclear power plants and research facilities across the country. Ferraro was still not convinced, but the two went to Yucca Mountain together in mid-February and, after she grilled the geologists and other scientists there, Ferraro made up her mind. "I do not lobby for anything I don't believe in," Ferraro said. "I believe this is the safest thing to do with the wastes, especially in light of [potential] terrorist attacks. "I was spending Valentine's Day with John Sununu," she pointed out. "It was hysterical." But she admitted that it seemed strange to be on the same side of an issue as Sununu. She could not recall one issue on which they agreed during their years on CNN. "If this were not a very specific issue, I would probably not be working with John Sununu," Ferraro said. "We're usually on opposite ends." On the other side of the Yucca issue, Sen. Harry Reid (D-Nev.) has led his state's fight against the site. He asked Podesta to help him because the two worked together in 2000 to prevent nuclear waste from being stored there temporarily. At that time, Podesta was White House chief of staff, and Reid was impressed with Podesta's knowledge of the issue and his ability to organize a successful campaign, according to Reid's spokesman Nathan Naylor. Duberstein, a longtime lobbyist on gambling issues that are important to Nevada, was brought on board because of his contacts with Republicans. Podesta, a law professor at Georgetown University, said it has been very easy for him to work with Duberstein despite their different party affiliations. "I've known him and respected him for a long time," Podesta said. Reid and Sen. John Ensign (R-Nev.), who are allies in their effort to defeat the project, are setting the tone for Duberstein and Podesta, Podesta said. The challenge, he said, is persuading members of Congress who think the decision has already been made to take a fresh look at the risks of Yucca Mountain, particularly the danger of transporting the waste through the country. It won't be easy, Podesta said. "This is a case where there is a lot of money and a lot of special interests on the other side," he added. Ferraro and Sununu both said that they too had developed a great deal of respect and even affection for each other through their verbal jousting. "It was an easy step for us," Sununu said. "Most old politicians have a kinship. People who have been through the political caldron have respect for others who have been through the political caldron." Copyright 2002 Los Angeles Times ***************************************************************** 53 County remains neutral on Yucca Monroe Evening News Evening News staff writerApril 10, 2002 The commissioners voted 4-4 on a resolution supporting the federal government's decision to ship nuclear waste to Nevada. By JOSHUA KENNEDY Whatever happens between the federal government and Nevada about using Yucca Mountain as a federal nuclear waste dump, Monroe County will remain neutral - at least for now. The Monroe County Board of Commissioners Tuesday voted 4-4 on a resolution supporting the Yucca Mountain facility, which was chosen recently by the U.S. Department of Energy (DOE) to be a holding site for all nuclear power waste from across the country. Vice Chairman Gail Hauser-Hurley voted against the resolution along with Commissioners Thomas Mell, Paul Iacoangeli and Jerry Oley. Chairman William Sisk voted with Commissioners Floreine Mentel, David Scott and Dale Zorn for the resolution. Commissioner V. Lehr Roe was excused. The board wasn't alone in its division on what to do with 306 metric tons of nuclear waste sitting at Detroit Edison Co.'s Fermi 2 nuclear power plant in Frenchtown Township. Several residents spoke for and against the resolution, which endorses the creation of a federal dump about 90 miles away from Las Vegas. "I rise in opposition to this resolution," said Michael Keegan of Monroe. "I clearly see this as a Detroit Edison resolution. Let them circulate it among their employees. They're trying to impress upon you that this is grass roots, but this is their resolution." Douglas R. Gipson, executive vice president of power generation and chief nuclear officer at Fermi, said the waste was not Edison's responsibility, but the federal government's. "The real issue here is should the fuel be left scattered across the country or at a federal repository," he told the board. "Do we want this waste stored in Michigan, in Monroe County or 1,000 feet below the desert monitored by guards? That's the question." But several residents cited reports claiming the Yucca Mountain site, which the federal government has spent about $7 billion testing, is unsafe. Joan Emerson of Monroe cited a Nuclear Information and Resource Service report claiming dozens of earthquakes have occurred underneath the giant Yucca Mountain during the last 25 years. Shirley Steinman of Frenchtown Township questioned whether creating a federal dumping site would result in other nations trying to send waste here, "like Canada does with its trash," she said. "Then what? Do we just say goodbye to poor old Nevada?" Mrs. Steinman asked. But other residents championed the idea of a federal site. "I'm very much in favor of this resolution," said Charles Mahoney of Temperance. Besides, he said, the point is being missed. There are 306 metric tons of waste in the county and more than 70,000 tons across the country at various nuclear power plants. Several residents complained about transporting the material to Nevada. "Transporting is not a problem," Mr. Mahoney, a former nuclear power plant worker, said. "They transported that stuff in here before it was spent fuel." Edison officials ticked off statistics including that no major nuclear waste spills in the United States have resulted from transportation accidents or mishaps. But even if the Yucca site becomes a reality - several Nevada politicians have vowed to stop the site - it would be years before any waste would be removed from Monroe County. There are 1,708 bundles of spent fuel hanging in a cooling pool at Fermi. Every 18 months the company changes out about a third - or roughly 36 metric tons - of spent fuel, according to Edison spokesman John Austerberry. The plant has enough capacity to store fuel on site until 2017 with a few reconfigurations of the storage facility, Mr. Austerberry said. And the plant was one of the last to go online in the country, which means it'll be one of the last to qualify for Yucca access for waste, Mr. Gipson said. The tie vote on the resolution means it died on the floor. There is no timeframe for reintroducing the matter. But Mr. Oley, who voted against the resolution, said he couldn't vote for it because of the fight between Nevada and the federal government. "What if they wanted to put that waste in the salt mines around Detroit?" he asked. If the feds can put that in Yucca, they can put it in the salt mines. We have to always look out for our future. I don't know what to do with the waste, but I'm not sure Yucca is the answer." ©Monroe Evening News 2002 ***************************************************************** 54 US defence shield may use nuclear missiles in outer space Irish Newspapers - Welcome to The Irish Independent Issue DateFri, Apr 12 THE US is studying a plan to use nuclear warheads in its missile defence shield, a proposal rejected in the 1970s as dangerous and technically difficult. The disclosure of the nuclear interceptor study, promoted by Secretary of Defence Donald Rumsfeld, is likely to increase fears America is lowering the threshold for using nuclear weapons. The plan would involve nuclear warheads exploding some 60 miles above ground as they intercepted incoming enemy missiles. The nuclear interceptors would not have to be so accurate as the current non-nuclear interceptors and would be able to wipe out everything in the area. Recent missile defence tests showed America has become good at hitting a small object in space so long as it knows exactly where the object is at what time. But the shield programme with its non-nuclear interceptors has not found a way of coping with decoys or with submunitions, dozens of small exploding bomblets that could contain biological weapons. Non-nuclear interceptors destroy an incoming missile by force of direct contact. A nuclear-tipped interceptor, on the other hand, could send a large explosion up into space which could hit everything being fired at America. It would deal with the problem of decoy tactics an enemy may use to confuse the interceptor. But the nuclear warhead would have to be very large, effectively to wipe out biologically loaded bomblets. After the terrorist attacks of September 11, President Bush gave warning that America could one day be hit by missiles sent by terrorist organisations. He said such missiles could be loaded with biological weapons. Enthusiasm for the missile defence programme increased after the attacks on New York and Washington. In December Mr Bush cited the argument of a potential terrorist attack to withdraw the US from the 1972 Anti-Ballistic Missile Treaty with Russia despite objections from Moscow. (The Times, London) Katty Kay © Copyright Unison ***************************************************************** 55 US revives cold war nuclear strategy Guardian Unlimited | The Guardian | Julian Borger in Washington Friday April 12, 2002 The Guardian [http://www.guardian.co.uk] The Bush administration is contemplating the use of nuclear warheads on the intercepters it hopes will protect the US from attack as part of its planned missile defence system. William Schneider, the Pentagon's top scientific adviser, told the Washington Post that he had been encouraged by the defence secretary, Donald Rumsfeld, to re-examine the feasibility of nuclear-tipped intercepters, nearly 30 years after the idea was abandoned as technically and politically unacceptable. It is the latest in a series of signs that the Bush team is radically rethinking the role of nuclear weapons in its arsenal, in a way that its critics believe will blur the distinction between conventional and nuclear warfare. Late last year the Pentagon produced a nuclear posture review which called for research into low-yield "mini-nuke" bombs for use as tactical weapons to penetrate enemy underground bunkers. Mr Schneider said that Mr Rumsfeld had asked the board to think "outside the box" on missile defence. "We've talked about it as something that he's interested in looking at," he said. The system being tested relies on "hit-to-kill" technology by which intercepters destroy incoming missiles by force of impact rather than by detonation. This approach presents enormous technical problems in programming the intercepter to ignore decoy war heads and hit the live missile. A nuclear explosion in space would destroy everything in the vicinity, including chemical and biological warheads, Mr Schneider pointed out. Apart from the risk of accidents, electromagnetic shock waves and ionized clouds, a nuclear blast in space could also disable communications satellites and knock out ground-based electronics. These potential problems caused research into nuclear intercepters in the mid-1970s to be shelved. "It seems to be a sign of desperation that they cannot solve the problem of the hit-to-kill programme of distinguishing targets from decoys," Henry Kelly, president of the Federation of American Scientists, said. "It was rejected three decades ago for very good reason: a one megaton explosion would knock out a great number of satellites, and that is obviously much more of a problem now than it was then." Mr Bush decided in December to withdraw from the 1972 anti ballistic missile (ABM) Treaty, which presented an obstacle to research and tests of the embryonic missile defence system. He also accelerated the timetable for missile defence deployment, making 2004 the deadline for the deployment of a basic system. The US conducted its latest test of the "hit-to-kill" intercepter last month over the Pacific, scoring a direct hit on a dummy incoming missile. The Pentagon hailed the test as a success, pointing out that it was the fourth hit in six tries. Guardian Unlimited © Guardian Newspapers Limited 2002 ***************************************************************** 56 WEN HO LEE: VICTIM OR SPY? AIM Report: 2002 Report # 05 - WEN HO LEE: VICTIM OR SPY? By Notra Trulock 2002 Report #05 April 4, In recent years, AIM has chronicled the decline of the FBI, once revered as our premier investigative agency. Under the direction of Bill Clinton's appointee, Louis Freeh, the bureau compiled a nearly unbroken record of botched investigations, shoddy laboratory analyses, and politically inspired cover-ups. But it has excelled in persecuting whistleblowers like special agents Dennis Sculimbrene, Frederic Whitehurst and Mrs. Whitehurst in an effort to protect its reputation. Beyond its criminal investigative duties, however, the FBI is supposed to defend the nation from espionage and terrorism. The 9/11 attacks were the result of a massive intelligence failure that exposed the weaknesses of the FBI and the CIA in this vital area. Equally worrisome has been the FBI's performance in detecting spies, especially those of nations employing non-traditional techniques, like the People's Republic of China (PRC). The FBI's counterespionage successes of recent years have all come against the successor agency of the KGB. A number of Americans spying for Russia, some from the FBI itself, have been betrayed by former Russian intelligence officers out to make a quick buck. But the evidence indicates that the bureau has failed miserably to deter or detect Chinese espionage against our centers of military science and technology. The Wen Ho Lee case stands out as a signal failure, one that has its roots in the complicated relationship between China and the United States that stretches back to the early 1980s. It is also clear that in the Clinton White House and the FBI itself, avoidance of offending China took precedence over investigating nuclear espionage. The FBI agents responsible for covering Los Alamos inexplicably failed to apply any of the FBI's counterespionage procedures or techniques in the four years that Wen Ho Lee was under suspicion of spying for China. Three recent publications offer an opportunity to look at the strange case of Wen Ho Lee from a fresh perspective. First, Lee has published his memoir of the case, My Country vs. Me, It tells his story of "persecution" by the FBI, the Justice and Energy Departments. Lee claims that he was an innocent bystander caught up in the political fallout of the Clinton campaign finance scandals, the Energy Department's mismanagement of security at the U.S. nuclear weapons laboratories, and Capitol Hill partisan politics. Lee says that he did nothing wrong, at least nothing that many other lab scientists haven't done, and the only reason he was prosecuted was because he is Chinese. Lee's book and his public appearances generated a good deal of favorable media attention. FBI Under Fire Two official reviews of the government's handling of the Wen Ho Lee case were also published around Christmas time. The first was the so-called Bellows Report, officially titled the "Final Report of the Attorney General's Review Team on the Handling of the Los Alamos National Laboratory Investigation." In 1999, under mounting criticism for her handling of the case, Janet Reno appointed Randy Bellows, Senior Litigation Counsel in the U.S. Attorney's Office in the Eastern District of Virginia, to head up a comprehensive review of the government's handling of the case. The review was concluded by May 2000, but the report was highly classified. In mid-2001, as the result of civil actions against Lee and others, the Justice Dept. released two chapters of the report that were very critical of the Energy Department's role in the case. Those dealing with the Justice Dept. and the FBI were not released, but under pressure from Congress, finally in December 2001, a heavily redacted version of the report was published on line in the Attorney General's Reading Room on the Justice Dept. Web site. The second report was issued by the Senate Judiciary Subcommittee on Department of Justice Oversight. It was entitled, "Report on the Government's Handling of the Investigation and Prosecution of Dr. Wen Ho Lee." Both reports are as critical of the FBI's handling of the Wen Ho Lee case as Lee's book, but from strikingly different perspectives. Unlike Lee's book, the two official reports garnered hardly any media attention. Back in 1995, the U.S. intelligence community, led by a small group of analysts and nuclear scientists at the Energy Department, uncovered indications of a massive assault by China on the U.S. nuclear weapons laboratories and U.S. military science and technology industries. Over the next few years, the government uncovered thefts by China of classified U.S. nuclear weapons information, including the neutron bomb, the W88 thermonuclear warhead, the latest models of strategic ballistic missiles, techniques for improving the performance of advanced Chinese nuclear warheads, and U.S. advanced conventional weaponry. By 1999, the Clinton administration had sold the Chinese more than 600 high-performance computers on which to run newly acquired computer codes and copies of advanced U.S. software. The depth and breadth of the Chinese penetration of our military science and technology centers is unknown to this day. It appears every bit as comprehensive and successful as the Soviet Union's assault on the Manhattan Project during and after World War II. As such, it would seem to warrant a government counterespionage effort at least as aggressive as that conducted by the FBI against the Soviet Union in the 1940s and early 1950s. But this was not to be. The FBI Fiddled While China Spied The FBI had dramatically reduced its counterespionage capabilities in favor of new priorities established by the new FBI director, Judge Louis Freeh. He emphasized street crime, drug busting, and white-collar crime over counterespionage. He was especially interested in expanding the FBI's reach abroad. FBI sections devoted to countering Chinese espionage were especially hard hit and were stripped of many of their best agents and resources. Many of the better China-squad agents retired in disgust; others left during the Chinese campaign finance scandal after refusing to permit the White House to compromise some of their most sensitive sources. China would continue to be a blind spot for the FBI throughout the 1990s, and concern about offending China may have played a role in hindering the Wen Ho Lee investigation. The Clinton administration cultivated a new relationship with China. Soft money flowed into the Democratic National Committee from the People's Liberation Army (PLA) and the Chinese intelligence services, channeled through White House coffees and photo opportunities for sale to the highest bidder. 'This seems to have colored administration assessments of China. It adopted a "see no evil, hear no evil" policy with regard to China and moved hard against anyone within the government who argued otherwise. A number of career intelligence officers at the CIA and elsewhere were terminated when they tried to report accurately the Chinese penetration of U.S. defense industries or nuclear labs or China's continuing role in the proliferation of weapons of mass destruction. Speaking truth to power in the Clinton administration when the subject was China was clearly not a career-enhancing activity. In this context, in 1996 Wen Ho Lee, a nuclear weapons computer code writer at Los Alamos National Laboratory, emerged as a prime suspect in the Chinese theft of classified information on the W88 nuclear warhead. Lee was already the subject of an on-going preliminary inquiry after FBI sources had reported that the director of China's nuclear weapons program had said that Lee had helped the Chinese nuclear program with computer codes and software and that he was well known in Beijing. In his job, Lee had access to all of the secrets about U.S. nuclear warheads, including access to a vault that contained warhead blueprints and nearly 50,000 classified documents. These reports from reliable sources warranted a full FBI counterintelligence investigation, but managers in the Albuquerque field office opted for a preliminary investigation, which by definition may not employ the full range of investigative tools available to the FBI. But it didn't matter since the agent in charge devoted little attention to the inquiry. In 1996, the FBI was confronted with espionage allegations "as serious as any it ever investigated" in the words of the Bellows report, involving Lee and the W88 theft, raising the specter of the post-war Soviet penetration of Los Alamos. But this FBI investigation effort would pale in comparison with the FBI's efforts in the Manhattan Project. In fact, the FBI conducted an investigation in name only. The investigation never really got off the ground; it suffered from inattention, insufficient resources, and inexplicable delays. The FBI didn't even assign a full-time agent to the case. Everything else took precedence over counterespionage, reflecting Freeh's new priorities. This seems like a strange choice for an FBI office in the heart of such a "target rich" environment for foreign intelligence services. New Mexico contains two nuclear weapons labs, several U.S. air force bases, military testing ranges, and defense contractors. In early 1997, FBI agents dispatched from Washington to help with the case were diverted to gang units and Indian reservation crime units. Not surprisingly, the investigation was littered with missed opportunities, the most significant of which occurred in 1996, when the FBI agent running the case made a feeble effort to examine Wen Ho Lee's computer activity. Source reporting about Lee's help to China with computer codes, software and his duties at the Los Alamos lab were more than sufficient justification for a full-scale examination of Lee's computer activities. But a Los Alamos contract counterintelligence officer refused to permit the FBI to examine Lee's computer on the grounds that this would be a violation of Lee's Fourth Amendment right of privacy. The FBI accepted that, even though Lee had signed security waivers in 1995 acknowledging that his computer was subject to a search and monitoring. The contractor didn't know about the waiver. He presumed Lee's right to privacy. The FBI caved in. Too bad, because the FBI could have discovered that Wen Ho Lee had been creating his own personal library of nuclear weapons' computer codes and electronic blueprints of war-heads containing data on dimensions, contours, and the materials used in their production. He stored this library on an unprotected Los Alamos computer network that was highly vulnerable to outside attacks. His first transfers occurred in 1988 around the time of a visit he made to Beijing. Beginning in 1993, he downloaded these files onto portable computer tapes. In 1997, after the FBI missed an opportunity to uncover this activity, Lee made yet another tape, this one containing the latest available information on Los Alamos nuclear codes and, worse yet, data on the recently redesigned W88 warhead. That tape has never been recovered. Wen Ho Lee's Opportunity The way Lee constructed these files led lab experts to believe that they represented a "complete portable nuclear design capability which could be installed on a supercomputer center or even lesser computer capabilities"-like the high performance computers the Clinton administration sold the Chinese in the late 1990s. By 1997, the government knew that the Chinese were after exactly the type of information on Lee's tapes, but it took no action to step up protection of the lab's computer networks. In early 1999, coming under increasing pressure from the Energy Department and Congress, the special agent in charge (SAC) of the FBI's Albuquerque office recommended to FBI headquarters in Washington that the case be closed. He concluded that Wen Ho Lee was not guilty of providing W88 data to the Chinese. This was based on a badly botched Energy Department polygraph, one interview of Wen Ho Lee conducted for the purpose of closing out the case and a statement that Lee was allowed to write and then sign clearing himself of any wrong-doing. He dismissed allegations of Lee's giving W88 secrets to the Chinese, writing, "If they were co-conspirators in a plot to pass the W88 material, such activity would have come to light during the course of the [DOE] polygraph." The SAC wrapped up with the following conclusion: In as much as Wen Ho Lee has been cooperative, passed the DOE polygraph and provided a sworn statement, FBI-AQ [Albuquerque] has no reason to believe Lee is being deceptive. Based on the FBI-AQ's investigation, it does not appear that Lee is the individual responsible for passing the W88 information. But an FBI quality control review of the Energy Department polygraph showed it to be badly flawed and useless for determining Lee's deceptiveness. Lee later flunked an FBI polygraph specifically on questions related to the W88 warhead and nuclear computer codes. The SAC's characterization of Lee as "cooperative" proved to be a bad joke. After the second polygraph, Lee began to reveal more details of his interactions and aid to the Chinese-details that he had withheld from lab security officials and the FBI for over a decade. Lee now admitted lying to the FBI and lab security officials about his contacts with Chinese nuclear scientists, their efforts to elicit classified information from him, and the computer help he gave them, which even he admitted could easily be used in the development of nuclear weapons. Instead of closing down the Lee case, the FBI searched Lee's office and found evidence of his illicit computer transfers and, later, his portable tape library. Not having put him under surveillance after he failed their polygraph, they missed catching him destroying incriminating evidence. They never found the 20 or so computer tapes which may contain the most sensitive classified information on our nuclear weapons. The Case Against Wen Ho Lee The circumstantial evidence of Lee's espionage was piling up. The Bellows Report later concluded that there was sufficient "probable cause" to believe that Wen Ho Lee "was currently engaged in clandestine intelligence gathering activities for or on behalf of the PRC." But the Justice Department and the FBI declined to pursue espionage and opted instead to prosecute Lee on charges involving the mishandling of classified information. This was the second time that the Clinton Justice Department shied away from an espionage prosecution that could have implicated the government of China. In 1997, Justice opted for lesser charges against another lab scientist suspected of handling classified information to the Chinese and blamed miscommunication for accepting a plea bargain before a damage assessment had been prepared. "Miscommunication" was also a problem in the Wen Ho Lee investigation along with mismanagement, inept investigators and a host of other problems. But none of these can fully explain the FBI's performance in the case. There is another factor, however, which the Justice Department, the FBI and the White House all have gone to great lengths to conceal from the public. That is the subject of the Lees' relationship with the government that began in the mid-1980s and continued up until at least 1991. There is a chapter of the Bellows Report devoted to this period, but it is entirely blacked out. A Senate Judiciary Committee report was similarly redacted. The government acknowledges a relationship between the Lees and the FBI. The CIA was also involved in this relationship, but the Justice Department has kept this secret as well. Twice in the 1980s the FBI intervened with Los Alamos officials to save the jobs of Wen Ho and Sylvia Lee. The first time came in 1984, after Lee came under suspicion of contacting another FBI espionage suspect-a Chinese American scientist at Livermore National Lab. Lee denied the contact, but before the FBI could question him further he offered to help the FBI with their case against this colleague. The FBI ran Lee in a "false flag" operation against the suspect. With the FBI listening, Lee phoned and personally contacted him. The details and results of this operation are still shrouded in secrecy. When the FBI polygraphed Lee regarding his call to the suspect, it learned that Lee had been passing documents to the Taiwanese since the late 1970s, and had been in contact with a Taiwanese intelligence officer and other high-level officials. Lee's security obligations and Taiwan's status as a "sensitive country" due to its apparently active nuclear weapons program required that such contacts be authorized. The FBI ran a full counterintelligence investigation, but it claims it couldn't make the case. When Los Alamos security learned of Lee's actions, officials recommended removal of his security clearances and, with those, the loss of his job. But the FBI persuaded the Los Alamos lab director to leave Wen Ho Lee in place. Why? Probably because the Lees offered to go to work for the FBI as "informational assets." They spent the next decade reporting to the FBI and CIA on their contacts with nuclear scientists from the People's Republic of China. The CIA played a role in managing and "tasking" the Lees from about 1984 on. Congressional sources report that Sylvia Lee provided over 100 pages of material to the CIA after she returned from one Beijing trip in the late 1980s. After another trip she wrote a report for the CIA. Wen Ho Lee's defense lawyers have claimed that the FBI gave the Lees small tokens of appreciation for their service, but these almost certainly came from CIA. The Lees must have been considered valuable sources. The FBI was probably hoping for recruiting leads among the Chinese nuclear scientists, who could then tip the FBI to potential breaches of U.S. lab security. The CIA was probably more interested in the intelligence the Lees could collect on the Chinese nuclear program. A Double Agent? Whatever the case, it was a good deal for Wen Ho and Sylvia Lee. She became the unofficial hostess at Los Alamos for visiting Chinese scientists and dignitaries and Wen Ho got to travel to China and talk science with the cream of China's nuclear establishment. They made two trips to Beijing in the late 1980s, a third trip to Hong Kong in 1992, and entertained visiting Chinese scientists in their home outside of Los Alamos. The FBI picked up the tab for their travel and entertaining expenses, collecting in return information about Chinese nuclear scientists. Sylvia Lee handled requests from Chinese scientists for unclassified lab reports and computer codes. She translated letters between the Chinese and their Los Alamos counterparts, and acted as an interpreter for visiting delegations. She became so popular with the Chinese scientists that she was invited to present a paper at a Beijing conference in 1990-an unusual honor for a data entry clerk at the Los Alamos lab. There is a question as to whether the FBI was getting its money's worth. It was interested in how much the Chinese knew about the U.S. program, so the types of questions posed to Wen Ho would be of great interest to them. Some of the first alarms about Chinese nuclear espionage were sounded in the mid-1980s when returning lab scientists told the FBI how much the Chinese seemed to know about U.S. nuclear weapons programs and trends. Every scientist returning from visits to Beijing reported Chinese efforts to elicit information, except for one-Wen Ho Lee. Lab security officials became suspicious. Lee was the only Los Alamos scientist to travel to China twice and not report efforts to gain information from him. It would be more than a decade before the FBI would learn that the Chinese had indeed sought classified information from him on those trips about current U.S. warhead programs and solving problems in their nuclear weapons computer codes. This was exactly the kind of information the FBI wanted. It could have tipped them off to breaches of security on the W88 program years before the first hints of problems. Lee withheld it from them, saying first that he had "forgot" to tell the FBI, but later he claimed in his book that he was afraid to tell them for fear of getting into trouble. But why would he get in trouble if he had given them no classified information? If he told the FBI about the questions he had been asked, he might have been subjected to another polygraph, but that should not have been a problem for him if he had rebuffed their efforts to get secret information from him. The Lees would continue working for the FBI until 1991 when the relationship apparently ended, for reasons yet unexplained. Perhaps they had outlived their usefulness, especially if Wen Ho was coming home telling the FBI nothing was happening on his visits to Beijing. The Lees continued to host visitors to Los Alamos and, on at least one occasion, Wen Ho continued to discuss nuclear weapons codes with visitors to their home. The relationship probably ended when FBI agents began to realize that Wen Ho Lee was holding out on them; they suspected that the Chinese were eliciting classified information from them. A Bungled-On-Purpose Spy Hunt? The W88 espionage investigation, begun in 1996, languished for three years, despite repeated efforts by the Energy Dept. to spur the FBI to take some action-any action. At the FBI's request, Energy had left Lee in a "non-alert" status to avoid tipping him off. He went to work every day in the nation's premier nuclear weapons lab and continued to have unfettered access to the nation's most sensitive nuclear secrets. None of the usual FBI investigative procedures were followed. The FBI did no comprehensive financial analysis on Lee, conducted no interviews with supervisors or co-workers, never established surveillance on Lee-even on an episodic basis, did no trash covers, never examined his computer or computer activities, and, after more than three years of the "investigation," was still unprepared to interview him. Why was the Albuquerque SAC in such a hurry to get the case wrapped up and off the books in early 1999? Beyond the pressure from the impending release of the Cox Report and administration sensitivities over China, the SAC had to be aware of the Lees' prior relationship with his field office. The FBI goes to great lengths to avoid embarrassment, and the risks of embarrassment in the Wen Ho Lee case were high. If their hunt for the spy who had given the Chinese the secrets of the W88 turned out to be an agent they had used to get information on China's nuclear program, the embarrassment would have been acute, not only for the FBI but for the Clinton administration. It appears that by bungling the investigation the FBI was trying to cut its losses and save its face. What You Can Do Send the enclosed cards or your own cards or letters to: + Robert S. Mueller III, Director of the FBI + Bill O'Reilly, host of the O'Reilly Factor on the Fox News Channel + Michael Chertoff, Assistant Attorney General, Criminal Division NOTES FROM THE EDITOR'S CUFF BY By Reed Irvine THIS REPORT, WRITTEN BY NOTRA TRULOCK, WILL INTRODUCE YOU TO A NEW ADDITION to the Accuracy in Media staff. His name may be familiar to you. He was in the news a few years ago because as Director of Intelligence at the Department of Energy he was involved in exposing the apparent acquisition by China of secret information about our miniaturized nuclear warhead, W-88, which some described as the worst leak since spies delivered the A-bomb technology to the Soviet Union. Two months later, in June 1995, a Chinese official provided the CIA with what appeared to be an official Chinese document that mentioned the W-88 and described some of its key features. These notes are based on what we reported on this story in the April A 1999 AIM Report. If you want more detail, you can access that report on our Web site, [http://www.aim.org] . TRULOCK SHOWED THE EVIDENCE TO THE FBI, AND LATE IN 1995, TEAMS FROM THE FBI and the Department of Energy began their spy hunt. They identified Wen Ho Lee as the prime suspect in February 1996. About the same time, a U.S. spy in China reported that in 1995, China had acquired information from the U.S. that enabled them to overcome problems they were having in developing a neutron bomb. The Energy Dept. received this report from the FBI on March 27, 1996. In mid-April, Charles Curtis, the Deputy Secretary of Energy, accompanied by Trulock and other Dept. of Energy officials, briefed Deputy National Security Adviser Sandy Berger about the Chinese acquisition of these important secrets, indicating that what began in the 1980's was still going on as late as 1995. BERGER CLAIMED THAT THE BRIEFING HE GOT IN 1996 WAS VERY GENERAL AND THAT HE understood that there was some evidence that the Chinese may have obtained, in some fashion, information concerning sensitive nuclear weapons information. He claimed that they didn't know who was responsible, how the information was transmitted or even what it really was. He said both the FBI and CIA were informed and that they were "deeply and fully engaged." He said both the President and the Hill had been briefed about it. "At that point," he said, "it was a very preliminary matter." He said he got a second briefing from Notra Trulock in 1997 that was far more extensive and suggested that there was a serious problem with the labs. He said, "At that point, we launched our review of how the labs were handling security. We made our changes. I briefed the President. And we made the changes, I believe, are necessary." THE FBI OPENED A FORMAL CRIMINAL INVESTIGATION IN JUNE 1996. CONGRESSIONAL intelligence committees were briefed. In November, Deputy Secretary Curtis ordered the laboratories to tighten security by, among other things, resuming background checks of foreign visitors, better tracking of visitors and increased counterintelligence training. But at year's end, there had been little progress in nailing the spy. DOE officials thought the FBI was not devoting enough resources to the hunt and was not coordinating with the CIA. Doing his job well and trying to get others to do theirs got Trulock into a lot of trouble. The FBI seized his computer at his home. Unlike the computers that the Director of Central Intelligence John Deutch kept in his home, Trulock's had no classified material on its hard drive. The seizure lacked any justification, but the FBI arrogantly refuses to return it to him. Nevertheless, he was fired for having stepped on the toes of some of the top people in the Department of Energy and having exposed the incompetence of the FBI and CIA. He was soon hired by TRW, a big company that has a lot of government contracts. The Department of Energy pressured TRW to fire him. He was effectively blacklisted by the Clinton administration, and the Bush administration has done nothing to correct that injustice. Unfortunately, that is standard practice in the federal government these days. IN REPORT 2002 NO. 3 I TOLD THE STORY OF RANDY BEERS, THE RETIRED NAVY MASTER chief, who told me last November that on the night that TWA Flight 800 crashed, he was on the bridge of the Trepang, a submarine that was very close to the site of the crash. He said that he had seen something go up and the plane come down. He said there were two other submarines close by and that they were engaged in an operation, confirming what Jim Kallstrom had previously told me-that three vessels close to Long Island that showed up on radar were Navy vessels on classified maneuvers. Those three vessels have been identified by the FBI as the Trepang, the Albuquerque and the Wyoming, all submarines. Beers also indicated that there were other Navy vessels participating in maneuvers off Long Island that night. I and others who have studied the TWA 800 crash have long assumed that the thirty-odd vessels that radar data showed were in or sailing toward W-105, a large area of the ocean that is frequently used by the military for training exercises or tests, were on maneuvers that night. Beers told the contact that put me in touch with him that when the Trepang returned to port, the crew was interviewed by FBI agents, who wanted to find out if they had returned with all their weapons intact. The question suggested that the FBI was trying to find if Navy vessels had launched any missiles that night. Scores of eyewitnesses had seen what Beers claimed to have seen, and he said that nothing that the Trepang was doing that night was classified, but when I spoke to him four days later he was very fearful that the Navy would cancel his pension if I published what he had said. AFTER PUBLISHING WHAT HE HAD TOLD ME WITHOUT IDENTIFYING HIM OR THE SUB, I was persuaded by some of the e-mail I received that I should identify both. When I told him I was going to do that, he said he was so worried about his pension that he hadn't been able to sleep since our last talk. He then said what he told me was false, that he didn't see the plane crash and that the Trepang had not even left port that day. When I indicated that I didn't believe his retraction, he said, "That's my story and I'm sticking to it." I had to find out if he had lied to me in November or was lying in January. I managed to find five officers who had served with him on the Trepang. One was the officer that Beers said was on the bridge with him when the plane crashed. He told me he had been transferred off the Trepang three months earlier. Another said the Trepang was close to the crash site. He and another officer said they began a six- to eight-week deployment that night. Neither would say where they went or why they went there, but they both confirmed Beers' statement that they were questioned about their weapons inventory by the FBI when they returned to home port. Another said they were engaged in an operation that involved a plane that was canceled when TWA 800 crashed. That probably involved the other two subs, as Beers had indicated. None of them recalled hearing that Beers had seen the plane crash. They got that news from the radio. And none knew anything about the maneuvers in W-105 that night. Beers probably lied about that, but his wholesale denial was his biggest lie. I apologize for having been deceived by him, but his lies are insignificant compared to those the FBI, CIA and NTSB have told about TWA 800. The Bush Justice Dept., like the media, has swallowed those lies without checking the evidence. THE SUGAR LAND, TEXAS POLICE STILL WON'T RELEASE THE EVIDENCE THEY HAVE IN THE death of former Enron executive Clifford Baxter, but we have obtained the report of the police officer who reported to the scene at 2:27 a.m. He said Baxter's Mercedes was parked in a turn-around on a street divided by medians. Baxter was sitting in the driver's seat, his head leaning forward with blood dripping from his face. The officer saw blood on the right side of his head and a large amount of blood in his lap. Both hands were in his lap, and a silver-colored revolver was lying on top of both hands. The grip was on the palm of the right hand and the barrel was on the left hand. His wallet was on the passenger seat. Both still photos and video were taken at the scene, but the gun was removed and bagged before any photos were taken. The report does not mention clothing. The autopsy report says he was wearing a T-shirt, workout pants and briefs, all blood-stained, but no shoes or sox. I have heard that the family doesn't believe this was a suicide, but they seem to be doing little to discourage the media from calling it that. A reporter who recently spoke to the widow told me she railed against reporters trying to make reputations by writing about her husband's death. She then tried to find out what the reporter knew. The reporter cited the bits of broken glass found on Baxter's T-shirt. When the reporter wouldn't give the source, Mrs. Baxter denounced as cowards those who reveal information but hide their identities. ON MARCH 11, THE CATHOLIC LEAGUE ASKED OVER 100 ORGANIZATIONS TO DROP support for the Red Cross because a California chapter canceled an invitation to a high school group to sing at a large function because it planned to sing "America the Beautiful," "Prayer of the Children" and "God Bless the U.S.A." The Orange County Chapter explained, "We wanted songs representative of all races, all creeds. We are not a religious organization. We have to be neutral and impartial in all situations." The national headquarters had supported the cancellation, saying, "The dispute was over the music program and has nothing to do with patriotism...The dispute centers only on our sensitivity to religious diversity and a preference for a music program that would be inclusive and not offend different populations participating in this particular event." The objection was to "prayer" and "God." This got little media attention even when the Red Cross apologized. It was picked up by Bill O'Reilly on Fox News, but he got it wrong, claiming the Red Cross was opposed to patriotism. www.aim.org ***************************************************************** 57 EDITORIAL: America should reconsider its policy on nuclear arms asahi.com : ENGLISH Asahi Shimbun www.asahi.com [http://www.asahi.com/] It should not be forgotten that without nuclear disarmament, the pursuit of nonproliferation will fall apart. Parties to the Nuclear Nonproliferation Treaty (NPT) meet every five years to review developments in nuclear disarmament and promotion of nonproliferation. The first review conference of the 21st century is to be held in 2005, and the initial preparatory committee meeting has begun at United Nations headquarters in New York. Non-nuclear ountries are committed to a policy of never possessing nuclear weapons. Nuclear powers, on the other hand, are to pursue nuclear disarmament, with the ultimate objective of nuclear abolition. Nuclear nonproliferation is based on these premises. That is why the nations that are not nuclear powers accept the disparity between the two kinds of parties to the treaty. That is also why two previous review conferences adopted documents calling for early implementation of the Comprehensive Test Ban Treaty (CTBT) and preserving the Anti-Ballistic Missile (ABM) Treaty Even so, the administration of U.S. President George W. Bush tramples on those promises by turning away from the CTBT and opting out of the ABM Treaty, just as the U.S. Senate has refused to ratify the CTBT. Previous non-proliferation arrangements are already being buffeted by the defiant positions taken by India and Pakistan, which conducted nuclear tests in 1998. If the United States had led the ratification of the Comprehensive Test Ban Treaty and fortified the nonproliferation philosophy, such action would have been seen as appropriate to a responsible superpower. If the nuclear powers do not keep their promises, and instead continue to depend upon nuclear weapons, the non-nuclear nations will naturally come to see the nonproliferation treaty as something that only bind on nations with no nuclear weapons. It should not be forgotten that without nuclear disarmament, the pursuit of nonproliferation will fall apart. Bush said he would pursue a missile defense program while at the same time seeking reduction of strategic nuclear weapons. This is in keeping with the present strategic situation that pits the United States against nations that aid terrorism, because a nuclear deterrent is not very effective against such countries. The Americans and Russians have already come to an agreement on strategic arms reduction to one-third the current level. But the United States seems intent upon preserving, rather than abolishing, many of the nuclear warheads removed from strategic missiles. That does not represent real disarmament, since the nuclear weapons are still in the inventory. Some Russian officials seem sympathetic to the U.S. retention of nuclear warheads, but the agreement on strategic nuclear arms reduction should not be reduced to nothing more than a hollow gesture. We hope U.S. and Russian leaders will decide, in next month's Moscow summit, to dispose of the dismantled nuclear warheads. In promoting nuclear disarmament, it is also important to reduce the role of nuclear weapons. In the 1995 nonproliferation conference, a resolution was adopted that included a clause providing a modest security assurance-a promise that nuclear powers will not use nuclear weapons to attack nations that are not nuclear powers and that are parties to the Nuclear Nonproliferation Treaty. Influential U.S. newspapers have reported this year's Pentagon review of nuclear strategy assumes the United States could attack with nuclear weapons Iraq or Iran-both signatories to the nonproliferation treaty, depending upon the circumstances. We can understand that the United States fears proliferation of weapons of mass destruction. If the United States decides to adopt a policy that admits possible first-strike use of nuclear weapons against nations that are not nuclear powers, however, this modest security factor will be rendered meaningless. We urge the Bush administration to reconsider its policy to make the current session of the nonproliferation treaty preparatory committee a fruitful one. (The Asahi Shimbun, April 11)(IHT/Asahi: April 12,2002) (04/12) [Copyright Asahi Shimbun. ***************************************************************** 58 Nuclear warheads firm wins UK safety award Ananova - The company which maintains the warheads for the UK's nuclear deterrent has won the country's top safety award. AWE plc beat off the challenge of more than 1,000 other organisations to scoop the 2002 Royal Society for the Prevention of Accidents' Sir George Earle Trophy. The firm manages and operates the Atomic Weapons Establishment for the Ministry of Defence. RoSPA awards the trophy every year as part of its drive to improve safety standards at work. Malcolm Hutchinson, chairman of AWE, whose headquarters are at Aldermaston, Berkshire, said: "We have always said that nothing is more important to us than health and safety. This demonstrates that we mean what we say." Story filed: 11:11 Friday 12th April 2002 Copyright © 2002 Ananova Ltd ***************************************************************** 59 Lawrence Berkeley Lab Scientists Propose New Research Facilities The Daily Californian Additions Would Expand Lab’s Current Offerings Discuss this article in the Daily Cal forums. By JOHN CISE Contributing Writer Friday, April 12, 2002 Several scientists from the Lawrence Berkeley National Laboratory are actively involved in planning two new, state-of-the-art laboratories described as "the best in the world." The Nuclear Science Advisory Committee, chaired by Berkeley lab physicist James Symons, released a long-range plan proposing the construction of two new facilities, one with a rare isotope accelerator and the other with a 6,000-foot-deep underground laboratory. The new facilities are necessary because the new generation of research is outgrowing its old facilities, Symons said. "These labs would bring leading research to the United States," he said. "They would be international experiments, but we would have a site in the United States." Currently, the leading physics facilities are in Europe and Japan. For accelerating electrons, protons or any type of isotope, Symons said the new accelerator "will be the machine to do this job best." The new accelerator is expected to be used by astrophysicists and physicists looking into topics as varied as supernovas and the structure of the atom. The underground lab would also be a significant upgrade to current facilities, Symons added. Built at 6,000 feet below the surface, its depth would shield many delicate experiments from harmful cosmic rays, said Kevin Lesko, another physicist at the Berkeley lab. "It would be a Lawrence-Lab-built underground", he said. Lesko also pointed to the diverse array of scientific research that would be made possible by the underground lab. "Physicists could research dark matter and neutrinos in such an environment," he said. "Microbiologists, biologists and geologists would also benefit greatly." Aside from the theoretical applications of such research, there are also possible industrial applications, including superconductors and national defense, Lesko said. By checking for isotopes in the air that develop from nuclear tests, physicists could verify if any treaty violations regarding nuclear testing have been made, he said. But the physicists said industrial applications are not the primary reason for their involvement with the new labs. "Right now, most of our support is out of scientific interest," Lesko said. Despite some concern about potential safety hazards the projects may pose to surrounding communities, the Berkeley physicists agreed the two facilities would not pose any major safety problems. The underground lab, because of its depth and the nature of experiments to be performed there, would be "nothing like a nuclear waste dump," Lesko said. As for the accelerator lab, Symons said there would be some safety considerations, but it would be generally safe to live near. "It's nothing like a nuclear reactor," he said. While several Berkeley lab scientists are involved in planning the construction of the new facilities, the national laboratory itself is not yet involved in any way. But both physicists agreed the type of work being done at these labs would be of interest to many of those currently conducting research at the Berkeley lab. The projects, whose construction is expected to begin within ten years, are still in the planning stages as funding sources have not been finalized. The National Science Foundation is expected to finance the underground lab, while the Department of Energy may fund the accelerator lab. But Congress would have to appropriate additional funds, which could cause delays, Symons said. Email: dailycal@dailycal.org ***************************************************************** 60 Lab asks judge to review $1 million verdict Tri-Valley Herald Friday, April 12, 2002 - 3:45:40 AM MST By FROM STAFF REPORTS Friday, April 12, 2002 - -->Lawyers representing Lawrence Livermore Laboratory managers are disputing a $1 million award to a former lab employee, granted March 11 by an Alameda County Superior Court jury. Dee Kotla, a computer-support worker at the lab, was terminated at the lab in 1997, three months after she testified against lab managers in a sexual harassment lawsuit on behalf of another employee. Kotla's lawyers have held that lab officials retaliated against Kotla for speaking out about the harassment, while lawyers for the University of California, which manages the lab for the Energy Department, have maintained that Kotla was fired for improper use of her computer and other office equipment. Susan Houghton, a lab spokeswoman, said Thursday, "We are asking the judge to look at it again -- just to take a look at the jury's decision." Lawyers filed a motion "that suggests that we do not believe that the jury had sufficient evidence to make a decision," Houghton also said. "It is not a call for a retrial." J. Gary Gwilliam, an Oakland lawyer who represented Kotla in the case, said he believes there is a "very slim" chance that the lab's motion will lead to a change in the court's decision. The jury in the Kotla case, after seven days of deliberation that followed a six-week trial, awarded her $325,000 in economic damages and $675,000 in damages for emotional distress. ©1999-2001 by MediaNews Group, Inc. and ANG Newspapers ***************************************************************** 61 S.C. objections won't keep Rocky Flats plutonium out, energy czar says Rocky Mountain News: Local By Berny Morson, News Staff Writer April 12, 2002 Weapons-grade plutonium at Rocky Flats will go to South Carolina, despite objections by the state's governor, Energy Secretary Spencer Abraham said Thursday. Clearly frustrated by months of negotiations, Abraham told Gov. Jim Hodges in a letter Thursday that paperwork to start the shipments will be issued Monday, meaning trucks will roll in May. "It is time to bring this process to a close," Abraham said. "Further delay will undermine important international and domestic priorities of the United States." Hodges, at a Thursday news conference, again threatened to lie down in front of trucks carrying plutonium. However, the times and routes of the heavily guarded trucks are top secret. And a 1954 law gives unequivocal control of nuclear materials to the federal government. Sending the plutonium to the Energy Department's Savannah River site in South Carolina is a major step in plans to close Rocky Flats by Dec. 15, 2006. Abraham and President Bush have assured Colorado's congressional delegation and Gov. Bill Owens several times that the deadline will be met. "The president of the United States wasn't kidding," said Abraham's spokesman, Joe Davis. Colorado lawmakers hailed Abraham's action. "You cooperate up to a point, and then you've got to say enough's enough," said U.S. Sen. Wayne Allard. "And so I think we're at that point." U.S. Rep. Mark Udall, whose district includes Rocky Flats, said, "There's been a lot of negotiating going on, and at some point, the DOE has to say, 'Here's what we're trying to accomplish, and here's what we're proposing.' " Owens said he "greatly appreciates" Abraham's action. Hodges does not object to storing the plutonium at Savannah River temporarily, but he's seeking assurances the material would eventually go someplace else. Energy Department officials told Hodges the plutonium will be turned into fuel for nuclear reactors to be used in other states. The plan to turn the plutonium into reactor fuel is part of an arms-reduction treaty with Russia. Each country had agreed to turn 34 tons of plutonium -- enough to make 4,200 bombs -- into reactor fuel. © The E.W. Scripps Co. ***************************************************************** 62 Fluor to lay off 83 this month This story was published Fri, Apr 12, 2002 By the Herald staff Fluor Hanford plans to lay off 83 employees this month and a handful more by Sept. 30. Company President Keith Thomson announced the cuts Thursday in a memo to employees. Forty-three people have been told their jobs will end and another 40 will receive notices by April 30, the memo said. More will be laid off between April 30 and Sept. 30, the end of fiscal 2002. The total jobs cut will be less than 100, Thomson wrote. Fluor is trying to find jobs for those people elsewhere at Hanford, said spokesman Michael Turner. The reductions are part of a streamlining effort stemming from a Department of Energy push for more efficient Hanford cleanup. Last year, Fluor absorbed subcontractor DynCorps Tri-Cities Services, which managed site roads, utilities and buildings. Many layoffs will be in those areas. Fluor employs 4,604 on a team that includes about 120 people working for permanent subcontractors Duratek Hanford and Numatec Hanford. Another 150 work for security subcontractor Protection Technology Hanford. The current layoffs affect Fluor, Duratek and Numatec. Copyright 2002 Tri-City Herald. All rights reserved. This ***************************************************************** 63 Manager denies doing wrong [www.TheDailyCamera.com] By Katy Human Camera Staff Writer DENVER — Kaiser-Hill manager Tom Dieter sat on a witness stand for more than three hours Thursday morning, cross-examined in detail by lawyers on both sides of a Rocky Flats whistleblowing case. Dieter helps manage building 771 at the former nuclear weapons plant, and six people who once worked for him claim they were unfairly reassigned to "broom-pushing" jobs after pointing out serious safety concerns. Kaiser-Hill is managing cleanup at the highly contaminated Rocky Flats. Dieter said that although the workers — Betty Devers, David Martin, Joey Miller, Tracey Rittenbach, Dallas Sherman and Shirley Voorhies — may have been transferred to jobs where they had less access to overtime pay, he didn't know that would be so when he transferred them. Nor did the workers' safety concerns influence him to move them out of the building, he said. Many other building workers were more safety-conscious than the complainants, Dieter said, "which we like. It keeps workers safe. It's more productive." In response to questions from Bill Wright, a Kaiser-Hill lawyer, Dieter said managers often reward workers who bring up safety concerns, taking them out to lunch, for example. But attorney Todd McNamara, representing the workers, used documents and questions to imply that Dieter and other managers in his building did not take safety seriously, prioritizing productivity instead. McNamara suggested that Kaiser-Hill managers responded to some of his clients' safety concerns only after the Department of Energy levied hefty fines on its contractor for safety deficiencies. Those safety concerns included material in a contaminated safety system sparking, which could indicate an extremely serious release of radioactivity; exposed pipes in the ceilings of several rooms being improperly sealed; and a portable air conditioner installed in a dangerous configuration near the door of a highly radioactive room. Dieter said he received a bonus worth 25 percent of his annual pay in 2000, and that safety is the "No. 1" factor in determining bonus pay. But that same year, McNamara pointed out, Kaiser-Hill was fined $250,000 for safety violations, many in building 771. McNamara also quoted a Kaiser-Hill document reporting that supervisors and workers in 771 felt pressured to get jobs done on time — which earns the company bonus money — regardless of safety. The document suggested managers rewarded reckless workers who "get the job done." The six workers are asking compensation for overtime and crew leader wages lost when they were transferred to less challenging jobs, and for emotional damages, which could total $40,000 per person, said Kristina James, co-counsel. McNamara has not yet decided what to ask for punitive damages. A federal administrative law judge is hearing the case, which is scheduled to close Wednesday. Sometime after that, judge Jeffrey Tureck will recommend a decision to the U.S. Secretary of Labor. Contact Katy Human at (303) 473-1364 or humank@thedailycamera.com. April 12, 2002 Copyright 2002 The Daily Camera. ***************************************************************** 64 Y-12 protesters threatened with federal charges Oak Ridger Online --> Story last updated at 1:00 p.m. on Friday, April 12, 2002 by Paul Parson and Beverly Majors Oak Ridger staff Any protesters arrested Sunday at the Y-12 National Security Complex could face federal charges, a spokesman said. Steven Wyatt, a Department of Energy spokesman, said this morning that federal charges will be filed against those arrested while attempting to enter Y-12 in connection with an annual "stop the bombs" rally coordinated by the Oak Ridge Environmental Peace Alliance. Wyatt declined to elaborate more on the charges. "We respect their right Š but trespassing will not be tolerated," Wyatt said. Oak Ridge Police Chief David Beams said he met with U.S. Attorney Sandy Mattice concerning the protesters. Officials from DOE; Y-12; Wackenhut Services Inc., DOE's security contractor; and a couple of other organizations also met at Mattice's office to discuss Sunday's protest and future related incidences. Beams said he told officials that because the Oak Ridge Police Department is in a local municipality it has limited resources and that DOE should step up and take more of a role in dealing with the protesters. Federal authorities made the decision to bring federal charges, and Oak Ridge officers will support and assist with the arrests and transportation of violators. The peace rally is scheduled to begin around 10 a.m. Sunday with a march from A.K. Bissell Park to the Y-12 weapons plant. The rest of the rally will take place between 11:30 a.m. and 4:30 p.m. near the main entrance to Y-12. "Over the last sixty years, the United States has spent more than five trillion dollars maintaining nuclear supremacy over the world," the alliance's latest newsletter states. "In Oak Ridge, one year's nuclear weapons budget would feed every hungry child in Tennessee three meals a day for two years." Paul Parson and Beverly Majors can be contacted at (865) 482-1021 or [oakridge@oakridger.com] . All Contents ©Copyright The Oak Ridger ***************************************************************** 65 Enron Unit Headed by Army Secretary White Helped Manipulate California Public Citizen April 11, 2002 Market, Gouge Consumers, Public Citizen Tells Congress WASHINGTON, D.C. – A division of Enron Corp. that was headed by Army Secretary Thomas White controlled as much as 25 percent of California’s wholesale electricity market during the state’s electricity crisis in 2001 and helped drive up consumer prices by trading power to other Enron divisions at astronomical prices, Public Citizen told Congress in testimony today. "By selling power to itself at inflated prices, Enron helped skyrocket prices in California’s deregulated market," said Wenonah Hauter, director of Public Citizen’s Critical Mass Energy and Environment Program. Hauter testified before the Senate Commerce Committee’s Subcommittee on Consumer Affairs, Foreign Commerce and Tourism. White, named by President Bush to serve as secretary of the U.S. Army after serving as an Enron executive for 11 years, formerly headed Enron Energy Services, one of four Enron power marketing divisions. During the first three months of 2001 – as California consumers suffered through rolling blackouts and skyrocketing prices – White’s division traded more than 11 million megawatts of electricity in the California market, making nearly 98 percent of its trades to other Enron divisions at prices up to $2,500 a megawatt hour. By trading such large volumes of electricity among various Enron units at such high prices, Enron was able to gouge California utilities and consumers, Hauter said. Engaging in so-called "transfer pricing" also allowed the company to overstate revenue and contribute to the accounting gimmickry that inflated its share price and eventually led to its downfall. Hauter also noted that at the same time Enron was manipulating California’s deregulated electricity market, it paid the Washington, D.C., lobbying firm Quinn Gillespie more than half a million dollars in the first seven months of 2001 to lobby the White House on the "California electric crisis," according to lobbying disclosure forms. One of the firm’s lobbyists, Ed Gillespie, former communications director at the Republican National Committee, was a top Bush campaign aide in the 2000 election. The Bush administration took Enron’s position, arguing strenuously against price controls in the California market and contending that higher prices were caused by a shortage of electricity brought on by environmental regulations. Hauter said the deregulation of electricity markets and commodity trading allowed Enron to escape price regulations – a key factor in the company’s meteoric, 1,750 percent increase in revenue over the past decade. Enron was an aggressive advocated of electricity deregulation, lobbying heavily for the transmission wheeling provisions of the Energy Policy Act of 1992 that allowed the company to gain a foothold into the wholesale market by registering as a power marketer. "Enron’s business model was built entirely on the premise that it could make more money speculating on electricity contracts than it could by actually producing electricity at a power plant," Hauter said. "Central to Enron’s strategy of turning electricity into a speculative commodity was removing government oversight of its trading practices and exploiting market deficiencies to allow it to manipulate prices and supply. So, when FERC (Federal Energy Regulatory Commission) finally fully re-regulated the California market last June, Enron’s business model was soon invalid and the company bankrupt." Enron was not alone, however, in gouging consumers. FERC has already levied fines and ordered refunds totaling tens of millions of dollars to be paid by other energy companies, such as Dynegy, Williams, Reliant and Mirant, for their role in manipulating prices in California. Enron has not yet been issued a refund order, though one is likely. "Congress must mandate the Federal Energy Regulatory Commission to immediately investigate regulations of power marketers," said Hauter. "Clearly, the current level of transparency allows companies to manipulate wholesale markets. Public Citizen urges Congress to make it clear to FERC that more scrutiny of power marketers must occur." To view Hauter’s testimony on the Web, click here. Enron Information Center ### ***************************************************************** 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: *****************************************************************