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SAFE ENERGY E-JOURNAL  No 19     
  MARCH/APRIL 2001
  
Compiled by Pete Roche, Campaigner, Greenpeace UK, Canonbury Villas, London N1 2PN
Direct Line +44 171 865 8229 Fax: +44 171 865 8201

Pete.Roche@uk.greenpeace.org


CONTENTS INDEX

1
Editorial – 4th Mox Consultation
6
BNFL Mistakes Update
MOX news
7
Wylfa News
3
Phoenix News
8
Dounreay News
4
Russian Reprocessing
9
Renewables News
5
Waste Transports to Sellafield

Editorial – 4th MOX Consultation Response.  

The UK Government’s Department of Environment, Transport and the Regions and the Department of Health have launched the 4th public consultation exercise into whether or not the newly built Sellafield MOX Plant should receive authorization to begin operation.  

Both nuclear reprocessing plants at Sellafield and the ageing Wylfa nuclear power plant on Angelsey remain shut down for safety reasons. But BNFL is trying to make a comeback. They want Government permission to start a new commercial-scale plutonium fuel (MOX) plant at Sellafield. Help add to BNFL's woes by responding to the consultation.”Safe Energy” opposes plutonium fuel (MOX) because:* MOX is a "direct use" nuclear-weapons material that increases the threat of nuclear proliferation wherever it is stored or transported around the world
* using MOX in nuclear reactors is even more dangerous than using ordinary nuclear fuel
* starting the MOX plant at Sellafield would produce new discharges and plutonium-contaminated wastes which remain dangerous for thousands of years.
* making MOX could be a first step to building new plutonium burning reactors in the UK. Since BNFL's falsification of safety data on its first shipment of MOX to Japan last year, evidence has grown that there is no market for MOX worldwide. This means that the taxpayer will pay the bill for cleaning up the wastes if the new MOX plant is started up.

The Government received 361 responses to the 3rd consultation exercise in 1999. So we need to top that to have any hope of preventing this plant opening. Most of the responses were critical of the Government's provisional view. In particular, an economic assessment carried out by Mike Sadnicki, Fred Barker and Gordon MacKerron for Friends of the Earth, concluded that the costs of operating SMP would exceed the benefits [1] . Since then the Government’s consultants, PA Consulting reasserted the validity of the economic case [2] . Sadnicki et al responded. They concluded, yet again that the balance of argument is against economic justification and that Ministers should have very limited confidence in the economic case for operation [3] .  

You can see the consultation documents at:- 

http://www.environment.detr.gov.uk/consult/mox/sellafield/index.htm    

DETR & DoH say they welcome comments on what BNFL has said in its economic case, and MOX Market Review, including comments from abroad. Comments should reach them no later than 23 May.  

You can send comments by post, fax or e-mail, whichever you prefer to:-  

Claire Herdman
Radioactive Substances Division
Department of the Environment, Transport and the Regions
4/F6 Ashdown House
123 Victoria Street
London SW1E 6DE
fax: 020 7944 6340   e-mail:
mox_consultation@detr.gsi.gov.uk    

The issue is whether the manufacture by British Nuclear Fuels plc (BNFL) of Mixed Oxide, plutonium, or MOX fuel is justified, taking account of whether the benefits would outweigh the detriments.  

As a result of the falsification of quality control data in the MOX Demonstration Facility – and the resultant decline in customer confidence, BNFL is now even less likely to generate sufficient income to cover future costs than it was in July 1999, let alone provide unquestionable economic advantage. As a result of the events at the end of 1999, and the beginning of 2000, Ministers decided that the economic case for SMP should be reviewed.

At the end of the 2000 BNFL informed the Government that it was submitting a fresh business case to support the operation of SMP, and a "commercial in confidence" version was supplied in January 2001. BNFL provided a "public domain" version in March 2001. It also provided an updated MOX market review in March. The Government launched the 4th public consultation exercise on SMP on 28th March 2001.  

By constructing the MOX plant before seeking authorization, the process of economically justifying the plant has become farcical. BNFL is not even expected to cover the capital costs of the plant – these costs are now considered to be ‘sunk’ – in other words they will have been spent whether the plant is authorized or not. For the 1999 Consultation exercise Ministers required BNFL to provide “assurance that they can acquire sufficient business to cover at least the plant’s commissioning, operating and decommissioning costs [4] . Yet BNFL uses the fact that failure to authorize the plant will require the capital costs to be written off as part of its justification case.  

“A decision to deny approval for SMP would also require BNFL to write off over £460M…” [5]  

Bearing in mind that BNFL and the Government appear to be determined to ignore ‘sunk costs’ the key parameters which will determine whether or not the benefits of authorizing SMP will outweigh the disbenefits will be:-  

(a)    The size of the ‘market’ for MOX,

(b)    SMP operational costs, and

(c)     MOX fuel prices.  

In 1999 BNFL estimated that in order to cover the future costs (commissioning, operation and decommissioning) it would need to secure only 30-40% of Japanese, German and Swiss sales within its ‘Reference Case’. This has now been revised upwards to 40 – 50% of the Reference Case.  

In 1999, only 6.7% of the Reference Case had been secured as firm contracts. In addition 11% of the Reference Case was covered by ‘letters of intent and reserved capacity’. By January 2001, the proportion of the Reference Case contracted had risen slightly to 9.6%. The proportion covered by letters of intent had also risen slightly to 12.6%, taking the current proportion of the Reference Case secured as either contracts or letters of intent to 22.2%.  

BNFL’s latest MOX Market Review [6] examines the size of the MOX market in its three main customer countries: Japan, Germany and Switzerland.  

Japan

Assuming THORP reprocesses all the Japanese, German and Swiss spent nuclear waste fuel for which it currently has contracts, Japan will have 26.7 tonnes of plutonium at Sellafield, Germany 13.6 tonnes and Switzerland 4.2 tonnes. Converting this 44.6 tonnes of plutonium into MOX is BNFL’s Reference Case. [With current contracts standing at about 9.6% of the Reference Case, this represents around 4.3 tonnes.] Japan, therefore, represents just over 60% of BNFL’s Reference Case. If BNFL received contracts for all Swiss and German plutonium, but no Japanese contracts, it would just fail to reach the 40-50%   

It rather boldly states that:-  

“…Japan continues to represent a significant and robust market for BNFL’s MOX fabrication services” [7] .  

It continues by quoting from the Japanese Atomic Energy Commission’s Long Term Plan that:  

“Electric utilities plan to gradually increase the number of light water reactor plants using MOX fuel to a total of from 16 to 18 by the year 2010.” [8]  

As evidence for this BNFL states that the first Japanese reactor planned to be loaded with MOX, the Tokyo Electric Power Company’s (TEPCO’s) Fukushima I-3 reactor site, now has all the necessary approvals to load MOX. Whilst BNFL accepts that there may be some difficulties with local political and public acceptance of MOX loading  

“…a delay of several months or even around a year does not alter the conclusion that SMP is economically justified” [9] .  

It goes on to talk about the reactor intended to be second in line for MOX loading and states simply that:-  

“A second consignment of MOX fuel is currently en route to their Kashiwazaki-Kariwa 3 reactor” [10] .  

“…BNFL retains a high degree of confidence in securing a significant tranche of MOX fabrication business from its existing Japanese reprocessing customers” [11] .  

TEPCO announced on 29th March that it would not load MOX fuel at Fukushima during the next scheduled outage. The company said it had been unable to gain the understanding of the local citizens. Governor Eisaku Sato of Fukushima has made it clear since February that he wishes to take his time to deliberate the pluthermal program and energy policy issues within the prefecture.  

In an exclusive interview with the Asahi Newspaper on 28 March, Governor Sato is quoted as saying, “a majority of the prefectural citizens are against the (pluthermal) program.” He added, “the examination (of energy policy) will take at least one year.  During that time there is no way I will allow the beginning of the program.” The Governor said, “we will consider whether a once-through cycle is possible.”  In his most concrete statement yet about the future of the pluthermal program, Sato stated, “(the pluthermal freeze) could last two or three years if we reach a conclusion that a once-through cycle is better.”   

In the meantime, Niigata Prefecture, which was scheduled to be the second prefecture to load MOX fuel after Fukushima, continues to object to being first.  A shipment of 28 MOX fuel assemblies arrived at the Kashiwazaki-Kariwa Nuclear Power Plant on 24th March.  However, the morning after residents of Kariwa-mura who are opposed to the pluthermal program officially submitted a request to Mayor Shinada to call for a referendum on the implementation of MOX into the Unit 3 reactor.  The mayor must now comment on the request and send it to the village assembly for debate within 20 days.  

TEPCO’s hopes of loading MOX into the Kashiwazaki-Kariwa reactor in Niigata soon are very slim. The company has announced that it will not load the MOX on 17th April as expected. The company says it will continue to make efforts to obtain understanding from local residents and will decide whether to use the MOX fuel by June [12] .

In response to Tokyo Electric’s decision, a Kyushu Electric executive stated in an article in the Nishi-Nippon Shimbun that “it is difficult to think we will go before Tokyo Electric.”  His comments suggest that it is highly unlikely that the company will follow through with its plans to begin MOX fuel use in the Genkai Reactor by the originally planned 2004 implementation date.

In January, the Financial Times claimed that, the then Energy Minister, Helen Liddell, had secured a statement of intent from Japan, indicating that the Sellafield MOX Plant could expect Japanese utilities to sign contracts for MOX [13] .

However, Teruo Komatsu, Manager, Energy Public Relations, Kansai Electric Power (KEPCO),­ the recipient of the original flawed fuel from BNFL,­ insists that KEPCO is not in any talks with BNFL about future contracts. He told Aileen Mioko Smith of the Kyoto based, Green Action on 23rd January, that:-

"Absolutely nothing is proceeding on any contract negotiations … The letter of intent stated that there has been no change in plans concerning the use of MOX fuel [and] that it was appropriate that SMP be opened in the near future.  However, this was only a generalization.  It did not signify intent to sign contracts.  Nothing in the letter promised the signing of contracts … There are absolutely no documents that exist that state that we will promise that we will have fuel fabricated by BNFL."

At a Press Briefing on 27th February and at a subsequent briefing with media present on 2nd April, KEPCO confirmed that it is conducting absolutely no negotiations with BNFL concerning SMP MOX contracts.  They also were clear to state that there were no plans at present to do so. They also confirmed that the letter described by the FT as a “statement of intent” secured by Helen Liddell letter was not a commitment by Japanese electric utilities whatsoever.

KEPCO also stated that, whilst the Overseas Reprocessing Committee of Japanese utilities (ORC) may have said that it is desirable for SMP to open, a prerequisite for using MOX in Japan is the acceptance of Japanese citizens.

BNFL’s assertion that a delay of one year in loading MOX into Japanese reactors does not undermine its economic case is clearly wrong. The Fukushima re-examination of energy policy, as the Governor states, might well come to the conclusion that a “once through cycle” (ie. An end to reprocessing and the use of MOX) is preferable to using MOX [14] .

Germany  

BNFL claims that the recent German nuclear phase-out agreement between the German Government and the nuclear utilities has clarified the situation. The agreement allows the continuation of spent nuclear waste fuel from Germany to Sellafield until June 2005.  

German utilities are required to demonstrate a management route for their separated plutonium in order to comply with the German atomic law. This does not necessarily mean that they have to purchase MOX. This highlights yet another failure of BNFL’s economic case. It has failed to make any comparisons between MOX and alternative options for the management of plutonium.  

The German Government is reported to be contributing $100m to the weapons plutonium disposition programmes in Russia – but only for the immobilization of plutonium as waste, not for converting it to MOX fuel [15] . 

The suspension of work in the U.S. on plutonium immobilization was also reported as being “unlikely to sit well with the German government, which favours immobilization as the best method of disposing of the excess weapons plutonium [16] .  

BNFL’s confidence in the market opportunities in Germany may, therefore, be misplaced. As German nuclear utilities have only waste management, decommissioning and clean up work to look forward to, they no longer have a vested interest in promoting the plutonium cycle. The evidence seems to suggest that the current German Government is likely to push utilities towards immobilization rather than MOX use. Whichever nuclear company in Europe or elsewhere is able to offer a plutonium immobilization service first, may find that it is still able to scoop the bulk of business available from German utilities.  

Switzerland  

BNFL claims it already has MOX fuel supply contracts with three out of its four existing Swiss baseload reprocessing customers [17] . With only 4.2 tonnes of plutonium due to arise at Sellafield after all Swiss spent fuel currently contracted has been reprocessed, Switzerland represents only about 9.7% of the Reference Case, and is therefore very minor.  

Of the 5 nuclear reactors in Switzerland, only three are expected to load MOX. The other two, Leibstadt and Muehleberg are BWRs, in which it is more difficult to use MOX. Goesgen has until now bought. MOX exclusively from BNFL’s competitor, Belgonucleaire. Goesgen is also known to have used MOX derived from plutonium, which originated in either Leibstadt or Muehleberg. The other two reactors Beznau I and II, have bought some MOX from BNFL and some from Belgonucleaire.  

BNFL expresses concern about losing Swiss contracts if there is further regulatory delay:-  

“A contract with one Swiss customer has been amended to account for the shortfall in capacity at Sellafield . A small quantity of fuel will now be made by BNFL’s competitor in France. This does not impact significantly on the overall economic case but demonstrates the need for an early decision on SMP licensing” [18] .  

NOK is the company that has recent switched a small order from BNFL to Belgonucleaire.  

“ Furthermore, the customer has reserved capacity with BNFL’s competitor in France as insurance against ongoing regulatory delays to SMP in case existing contractual commitments cannot be fulfilled in SMP” [19] .  

NOK is, therefore, only one out of four of BNFL’s Swiss customers. Its two reactors are small 380MW reactors. The four Swiss customers together represent only about 9.7% of BNFL Reference Case or 4.4 tonnes of plutonium. NOK, must own no more than about 1 – 2 tonnes of  plutonium, or no more than about 4.5% of the Reference Case at the most. Despite the small size of these Swiss contracts BNFL insist that:-  

“…it is vital that an early decision on SMP is achieved to avoid jeopardising the Swiss contracts further” [20] .

BNFL Chief Executive, Norman Askew warned the Financial Times that BNFL’s Swiss customers would have to buy Mox from a foreign competitor unless approval to start production at the plant was granted in the next three months [21] .

Members of the Sort Out Sellafield campaign group, which includes MP Jack Cunningham, have gone even further. The campaigners urged Energy Minister, Peter Hain, "to grant BNFL a licence to run the Cumbrian plant by July, otherwise it could lead to 800 job losses and the loss of future contracts" [22] .

This is clearly pure hyperbole. The tiny NOK contract or indeed any of the Swiss contracts should not be used as an excuse for rushing a decision, which, if taken now, would be a gamble that the market situation for MOX might improve after the forthcoming year’s delay in loading MOX at Fukushima.  

Sweden  

Sweden has only around 1.4 tonnes of plutonium at Sellafield.  

“In Sweden, BNFL anticipates supplying MOX fuel from SMP subject to a decision by the Swedish Government on the granting of a MOX licence to the reactor concerned” [23] .  

The reactors concerned are at Oskarshamn, operated by OKG. This company has 833 kilograms of plutonium at Sellafield. However, this contract is by no means certain. Sweden continues to look for alternatives to MOX according to the country’s environment minister, who will not predict when a decision will be made. Environment Minister Kjell Larsson said  

“ We have a serious problem. We have plutonium and we have to do something with it, but it’s not so easy.”  

Immediately following the MOX data falsification scandal, Larsson said he did not want Sweden dealing with BNFL and he has stuck to that position.  

“… I am not especially happy about manufacturing MOX at Sellafield,”  

Larsson has not said what alternatives are being considered. But one possibility is to fabricate the MOX in Belgium or France instead of the U.K [24] .    

Cost Assumptions.  

It is reasonable to assume that the costs of uranium commissioning have been higher than expected. Uranium commissioning was sanctioned by Ministers in June 1999. This was expected to take less than 12 months, yet, as of April 2001, there has yet to be any confirmation that uranium commissioning has been completed.  

Future Reprocessing Contracts

BNFL claims that failure to authorize SMP will jeopardize its chances of securing new reprocessing contracts.  

“Failure to obtain approval for SMP is likely to severely damage BNFL’s ability to secure further reprocessing and consequential MOX business and hence valuable export earnings for the UK” [25] .  

The chances of BNFL securing more reprocessing contracts must be slim. There is, however, a question mark over whether in fact they should be seeking more contracts.  

In June 2000 at the Annual meeting of the Ospar Convention for the protection of the marine environment of the north-east Atlantic, a resolution was agreed by 13 of the 15 signatory states. The UK and France abstained. Ospar Decision 2000/1 calls for:-  

“The current authorizations for discharges or releases of radioactive substances from nuclear reprocessing facilities [to] be reviewed as a matter of priority by their competent national authorities with a view to inter alia: implementing the non-reprocessing option (for example dry storage) for spent nuclear fuel management at appropriate facilities …”  

Germany and Switzerland were amongst those countries ageing to this resolution.  

The UK, however, by abstaining, is not bound by this decision. It did, however, agree to a 1998 decision which was to:-  

“By the year 2000 … work towards achieving further substantial reductions or elimination of discharges, emissions and losses of radioactive substances; [and] by the year 2020 … ensure that discharges, emissions and losses of radioactive substances are reduced to levels where the additional concentrations in the marine environment above historic levels, resulting from such discharges, emissions and losses, are close to zero”.  

The UK will not be living up to the commitments made to OSPAR if the life of the THORP reprocessing plant is extended.  

MOX and Nuclear Proliferation.  

The Environment Agency outlines its approach to justification in its 1998 “Explanatory Memorandum for a Further Public Consultation on the Application by BNFL for the Commissioning and Operation of the Mixed Oxide Fuel Plant at its Sellafield Site in Cumbria”. It states that all practices which give rose to radioactive waste should be justified, ie. The benefits must outweigh the detriments to society:-  

“Detriments are wider than the radiological detriment and include non-proliferation and transport”  

In its October 1998 decision document for the plutonium commissioning of SMP, the Environment Agency states that:-  

“In reaching its proposed decision, the Agency has not taken any view on the wider policy issues of plutonium management strategy. The Agency is concerned about these wider policy issues and considers that major developments at Sellafield are national and international matters and that, given the significant political and economic issues, relevant government departments should be involved in considering the Agency’s proposed decision.”  

The Agency goes on to warn that:-  

“It would be a relatively straightforward matter to undertake chemical separation of plutonium from MOX fuel”.    

The DTI claims that recovering plutonium from a MOX fuel rod:-  

“…would require highly specialized plant, equipment and skills, and a considerable degree of nuclear sophistication in order to ensure radiological and criticality safety” [26] .  

Responding to this, Professor Frank Von Hippel, former Assistant Director for National Security in the White House Office of Science and Technology Policy points out that such an operation could be carried out in a glove box with a filtered vent with quantities of plutonium too small to result in a criticality accident. A glove box is not an exotic piece of equipment – it can be homemade. Information about the threshold at which plutonium in solution could produce a criticality is widely and publicly available [27] .  

Clearly, there are disagreements amongst the experts about the ease with which MOX fuel elements could be used to manufacture a nuclear bomb. The DTI Safeguards Office in response to Von Hippel’s remarks said:-  

“…whilst it would be technically feasible to recover plutonium from MOX fuel and use this to make a nuclear weapon, the steps involved would be non-trivial, requiring specialized skills and equipment to ensure radiological and criticality safety” [28] .  

Authorising the Sellafield MOX plant to open could lead to a massive increase in the number of shipments of MOX fuel around the world. With a country like the United Kingdom beginning down the plutonium fuel cycle road, it is bound to encourage others to do the same, particularly Russia. Such a major step ought to be open to much wider public scrutiny.  

The DTI is the Government Department responsible for ensuring that plutonium is safeguarded in the UK. However, the DTI is the sponsoring department of BNFL. The DTI Safeguards Office points out  

“Decisions regarding non-proliferation issues take into account input from a number of sources – amongst others from DTI (including the Safeguards Office), the Ministry of Defence, and the Foreign and Commonwealth Office” [29] .  

Given that the Environment Agency has been unable to assess the contribution to the detriment to society caused by the proliferation risk involved in authorizing SMP, a Government sponsored proliferation threat analysis should be published for public scrutiny and peer review.

 

2. MOX NEWS  

March 28 2001 BNFL pressures government over Sellafield review By Matthew Jones FINANCIAL TIMES   

British Nuclear Fuels, the UK atomic services group, said on Wednesday it would start losing customers for its £460m ($653m)Sellafield Mox Plant in Cumbria unless the government gave it approval for final commissioning by July.

Norman Askew, BNFL chief executive, said the group had secured contracts for 22 per cent of the plant's capacity and was confident that it could make money. [Actually they only have contracts for 9.6%; you need to add ‘letters of intent’ to bring the total to 22%]

However, he warned that the group's Swiss customers would have to buy Mox from a foreign competitor unless approval to start production at the plant was granted in the next three months.

"I am not surprised that the government feels it is right to have another public consultation but it would be better if we could have a decision on a quicker timescale," said Mr Askew.

The future of the plant has been a source of tension between Mr Meacher and ministers at the Department of Trade and Industry, who have made efforts to restore BNFL's reputation with foreign customers after the data falsification scandal.

DTI insiders argue that it is difficult for BNFL to make a firm economic case for the plant because customers are reluctant to commit to firm contracts until the plant has been given the go-ahead. The DETR has countered that the plant needs to pass a test of justification under European law.

BNFL claims about 1,800 jobs are dependent on the Mox plant and failure to secure authorisation would also cast doubt on the future of Thorp, the group's thermal oxide reprocessing plant.  

Earlier the FT in “Review of nuclear plant to be held By Robert Shrimsley and Matthew Jones (March 22 2001) said the authorisation is crucial to BNFL winning vital fuel supply contracts from Japan. Those orders were put in jeopardy last year after a scandal in which it was revealed that BNFL had falsified safety records on fuel shipments to Japan.  BNFL has been working hard to secure new business ever since.  Until authorisation is granted, new contracts are unlikely to be forthcoming. But Mr Meacher has been insisting on new orders before approving the plant. Last month, local government officials in Japan, BNFL's largest potential market for Mox, signalled a further delay on contracts. The governor of Fukushima prefecture, which was expected to be the first Japanese region to allow the use of Mox fuel, called for a re-think on nuclear energy policy and caution in using the fuel.  

In January, BNFL submitted a re-appraisal of the viability of the plant three years after an independent economic review commissioned by the government found it should go ahead.  

The future of the plant has been a source of tension between Mr Meacher and ministers at the department of trade and industry. On Thursday, Stephen Byers, trade and industry secretary, said he hoped an announcement would be made "in the very near future". About 1,800 jobs are dependent on the Mox plant. Failure to secure authorisation would also cast doubt on the future of Thorp, the group's thermal oxide reprocessing plant.  

  MEACHER ANNOUNCES FURTHER CONSULTATION – BUT PROCEDURE IS SUSPECT
(See DETR press release 28 March 2001).    

Michael Meacher said "BNFL have now submitted a revised economic case and it is right to give people a further opportunity to comment.” But in a departure from accepted procedure, he also announced that “Independent consultants are …being appointed as a parallel procedure to evaluate the economic case put forward by BNFL. The consultation will last 8 weeks and consultants will report in around 10 weeks. The consultees will not therefore see the consultants' report, but the consultants will take account of the responses to the consultation exercise in reporting back to the Departments”.

This appears to signal that Meacher has been pushed into speeding up the consultation process. Consultees can normally expect to see copies of any analysis submitted to the Government by consultants.
 
Greenpeace International Release.

TOKYO ELECTRIC AND BELGONUCLEAIRE REFUSAL TO RELEASE PLUTONIUM DATA, "INEXPLICABLE" AND CRITICIZED BY COURT, AS PLAINTIFFS INJUNCTION CLAIM TURNED DOWN  

March 23rd  

Tokyo/Fukushima City…The Fukushima District Court announced today that plaintiffs attempt to secure an injunction preventing Tokyo Electric Power Company from loading plutonium Mixed Oxide fuel MOX), into one of its nuclear reactor's, had been rejected. However, the court also criticized as "inexplicable" Tokyo Electric's attitude in not forcing the producers of the MOX fuel, Belgonucleaire, to release quality control data, demanded by the plaintiffs and requested by the court.   Throughout the first half of 2000 the nuclear companies refused to release data on the grounds of commercial confidentiality. The plaintiffs, including members of Greenpeace, filed their case in August 1999, submitting various statistical and scientific papers as evidence. Over the next seven months Tokyo Electric provided little substantial evidence to counter the plaintiff group's claims. Belgonucleaire, part of the Cogema dominated MOX group, COMMOX, refused the court access to data which would, the plaintiffs claim, would have shown manipulation of quality control data, such as MOX pellet measurement size. The court itself requested on several occasions the release of quality control data, again without success. The case rested on the plaintiffs proving conclusively falsification, which could only be done comprehensively with the release of the data. The court has said in its decision that with refusal to release data it was not possible to conclusively prove falsification and therefore the court could not make a judgement.

  The Fukushima court in its decision today, stated that claims by Belgonucleaire that pellet diameter data was commercially confidential "was not credible". The plaintiffs had cited the fact that British Nuclear
Fuels falsified large numbers of pellet diameter data for MOX fuel produced for Japan and delivered in 1999. The BNFL MOX is to be shipped back to the UK. Because of doubts over the Fukushima MOX fuel it has remained unused since 1999, and is stored at the Fukushima nuclear power plant.   

"The outcome of this case while not ideal, in no way let's Tokyo Electric and Belgonucleaire/Cogema off the hook. Clearly the court have been frustrated by the refusal of the nuclear companies to release vital safety data. But its not really inexplicable why they refuse - they know if they do we will prove falsification as in 1999. Tokyo Electric, and Cogema/Belgonucleaire know that to proceed with the loading of MOX fuel which they have not proven as safe to use, is to consciously conduct a dangerous plutonium experiment on the people of Japan. The way forward for MOX use in Japan does not exist," Kazue Suzuki of Greenpeace Japan and one of the plaintiffs in the court case.  

The falsification case against Tokyo Electric, Belgonucleaire and Cogema came after an earlier scandal nvolving MOX fuel manufactured by British Nuclear Fuels, BNFL. The company admitted falsification of  MOX that was still in the UK, but denied that similar falsification had occurred on earlier batch of MOX fuel then on board the Pacific Pintail transport ship nearing Japan. BNFL had little choice but to release substantial quality control data before the vessel unloaded its cargo in Fukui Prefecture in western Japan.

Immediately analyzed by three citizens groups, Greenpeace, Green Action and Mihama-no Kai, it was bvious that falsification of data had taken place. Only after three months of denials from BNFL, the owners of the fuel Kansai Electric, and British and Japanese government ministries, as well as a court challenge by Green Action and Mihama-no-kai did BNFL admit falsification.  

The decision by the court today was made only hours before another cargo of plutonium MOX fuel is due to arrive in Niigata Prefecture in west-central Japan. This shipment, consisting of 28 assemblies of MOX, also manufactured by Belgonucleaire/Cogema, has also come under suspicion of falsification, and its shipment and loading has been opposed by local and regional politicians and citizens. As with the 1999 BNFL falsified MOX, the plutonium cargo is on board the Pacific Pintail, escorted by the Pacific Teal.

Both are armed and are currently sitting off the coast of Japan, and are due to dock early Saturday morning.

"Japan's plutonium program was in serious crisis before today's decision. It still is. MOX fuel that costs tens of millions dollars to manufacture and transport to Japan, and at great threat to the environment and international security is not safe to use in any Japanese reactor. The problem for the nuclear industry is that MOX fuel is not and cannot be manufactured to a high standard. Belgonucleaire, Cogema and Tokyo Electric know this and that is why they refused to release data on their production standards and quality control. While the court has found their position inexplicable, the people of Fukushima and the rest of Japan see it is totally unacceptable - that means no MOX use," said Shaun Burnie of Greenpeace International.

 For further information:

www.greenpeace.org/nuclear

  Energy Daily(Washington DCUSA) March 22, 2001 Disposal Facility By GEORGE LOBSENZ

  The National Nuclear Security Administration will scrap fiscal year 2002 funding for a planned plutonium vitrification facility in what could signal a major change in U.S. nuclear nonproliferation policy. NNSA, a semi-autonomous agency within the Energy Department that runs the U.S. nuclear weapons complex, said it would not proceed next year with the design of the so-called immobilization facility, which previously was seen as a key part of DOE's dual-track program to dispose of surplus weapons plutonium.

  NNSA indicated the decision was dictated by budget constraints, and suggested the immobilization facility was being delayed, not killed. It also said it is proceeding with the other track of the plutonium disposal program, which calls for converting surplus plutonium into mixed oxide, or MOX, fuel for commercial reactors.

  "NNSA and DOE are in the midst of the budget cycle for the new administration," NNSA said in a statement. "The administration is looking at the budget and programs for the next fiscal year and wants to assure the most effective use of monies available. In this particular program we are continuing with the MOX facility design and construction—but are opting to look at other aspects, such as the immobilization facility, in possible future budget cycles."

  NNSA officials had no other details on budget considerations, but other sources have said the agency is facing significant cuts in its nonproliferation programs. However, some sources said the budget cuts could provide a pretext for killing the immobilization program and using existing DOE facilities to dispose of the plutonium materials that are supposed to be vitrified. That would represent a major departure from DOE's plutonium disposal program, as decided upon by the department several years ago following an exhaustive programmatic review. It also would deviate from the terms of a U.S.-Russian agreement under which both countries agreed to use both MOX fuel and immobilization to get rid of 50 tons of surplus plutonium each.

  The immobilization facility, to be built at DOE's Savannah River Site in South Carolina, is supposed to prepare for disposal 17 metric tons of plutonium contained in scrap materials left over from past nuclear weapons production. The materials are to be vitrified into a glassified waste form, poured into cans and then placed inside large canisters of high-level radioactive waste for underground disposal. The vitrification process is aimed at immobilizing the waste in a highly radioactive package so the plutonium cannot leak into the environment or be recovered for weapons use. The scrap material is considered unsuitable for conversion into MOX fuel because the plutonium would have to undergo expensive purification processes. In addition, Clinton administration officials said immobilization was needed so the United States could have a dual-track plutonium disposal strategy that assured there would be a viable disposal method if one method or the other were to run into technical problems.

  Immobilization also has had strong support from antinuclear groups who are opposed to MOX fuel because it would make commercial use of weapons-usable plutonium, raising proliferation concerns. Not surprisingly, those groups expressed alarm at NNSA's funding decision.

  "We are quite disturbed that they appear to be defunding the immobilization program," said Tom Clements, an official with the Nuclear Control Institute. "It's prudent to keep this track open and operative."

  However, immobilization has been viewed with suspicion by some DOE officials who say existing nuclear reprocessing canyons at Savannah River could be used to dispose of plutonium residues without the expense and uncertainty of building the immobilization facility.

  Using the canyons could purify plutonium sufficiently for it to be used in MOX fuel—and it would please South Carolina's politically powerful congressional delegation, which wants to keep the aging canyons running to maintain jobs. Using the canyons also could reduce the cost and complexity of the MOX effort, which is running into difficulty in developing plutonium purification processes.  

NRC considers plan to convert plutonium to reactor fuel Reuters USA: April 4, 2001
by Scott DiSavino

NEW YORK - The Nuclear Regulatory Commission (NRC) said it was considering an application for construction of a mixed oxide (MOX) fuel fabrication facility at the Department of Energy's Savannah River Site near Aiken, South Carolina. The MOX facility would convert surplus weapons-grade plutonium, supplied by the Department of Energy, into fuel for use in commercial nuclear reactors. Such use would render the plutonium essentially inaccessible and unattractive for weapons use. Commercial nuclear power plants in the United States currently use uranium as fuel; the mixed oxide fuel would be a combination of uranium and plutonium.  

The agency said in a statement late Monday it will offer an opportunity for a hearing to persons whose interests may be affected by this facility. The Department of Energy announced plans to construct a MOX fuel plant through a contract with the consortium of construction company Duke Engineering & Services, a unit of energy giant Duke Energy Corp. of Raleigh, N.C., French nuclear measurement company COGEMA Inc., and construction company Stone & Webster. The consortium is known as DCS.

DCS submitted an environmental report on the MOX facility last December, and requested authorization to construct the facility in February. Before deciding whether to authorize construction, the NRC will prepare an environmental impact statement and will conduct a technical evaluation of the application to determine whether it meets NRC requirements. The NRC said it will publish soon in the Federal Register a notice for a hearing on the construction of the MOX facility.

Nuclear Fuel 2nd April (TEPCO POSTPONES LOADING MOX FUEL) said:-

Tepco’s decision to postpone the MOX loading at Fukushima has thrown Japan’s MOX program into further confusion, as politicians near other power plants that were supposed to follow Fukushima I-3 in loading the newfuel objected to being first by default.

Governor Eisaku Sato of Fukushima prefecture told the Asahi newspaper on March 28 that an ongoing examination of energy policy will take at least a year, and “during that time there is no way I will allow the beginning of the (MOX) program.” The policy examination will consider “whether a once-through cycle is possible,” he said.

The decision came on the heels of a March 24 ruling by the Fukushima District Court which dismissed a request by civic groups for an injunction against loading of the MOX fuel, which has been stored at the power plant for more than 18 months. The opponents had charged that Tepco had failed to provide proof that quality control by fabricator Belgonucleaire was reliable enough to guarantee the MOX was free of defects. Tepco has declined to ask Belgonucleaire to make public more data, despite repeated requests from the court to do so.

The Fukushima court, though criticized the Belgian manufacturer’s attitude. It also faulted Tepco for not trying hard enough to get Belgonucleaire “to reconsider its obstinate position and make the company’s random sampling inspection data public,” saying Tepco had not taken “necessary sufficient action” to provide the public with information relevant to nuclear plant safety. Plaintiffs in the case, which include Greenpeace and the local group Green Action, expressed disappointment with the ruling but said they were still happy because the court supported their viewpoint on data disclosure.

3. Phoenix News  

Oral Questions to the Secretary of State for Trade and Industry in the House of Commons, 22 March 2001   Nuclear Power  

2. Mr. Michael Jack (Fylde): If he will make a statement on the role of the nuclear industry in helping to meet Britain's future electricity generation requirements. [153629]  

The Secretary of State for Trade and Industry (Mr. Stephen Byers): The nuclear industry's role will depend on its cost compared with that of other generation options and on securing public confidence in respect of issues such as safety and the environment. The generators have said that they have no current plans for new nuclear power stations.  

Mr. Jack: The Secretary of State will be aware of the commitment to the industry of nuclear workers in my constituency and their awareness of the industry's contribution to meeting our Kyoto target and giving us security of energy supply. In light of recent press reports of the wish of British Energy and BNFL to investigate further investment in nuclear energy, will he say what is the Government's strategic vision for the industry? Will he support both companies' endeavours to renew our rapidly ageing stock of nuclear power stations?

  Mr. Byers: The right hon. Gentleman refers to the press reports about comments allegedly made by British Energy and BNFL. Both companies have denied that they have any proposals at present to begin a new generation of nuclear power stations. Springfields, the facility in his constituency, is a major employer, and he is rightly concerned about the implications of the decline of Magnox in the next few years and its impact on his constituents.  

It will be another five years or so before the Magnox fuel demands at Springfields will be in decline, so we have time to work out together the new role that Springfields can play. I believe that it can remain a vibrant manufacturing facility, employing many people. I want to work with the right hon. Gentleman and BNFL to make sure that the expertise and talent at Springfields can be used in future, perhaps in a slightly different way. There is huge potential at that facility, and we have time to map out a way to ensure that it can be used to the full.  

Mr. David Drew (Stroud): Does my right hon. Friend agree that the nuclear industry's importance lies in the people in that industry, and that without clear and coherent policies we shall not attract into the industry the younger people we need not only to develop new generation potential, but to manage safety issues, which must always be uppermost in our mind?  

Mr. Byers: My hon. Friend is right. We have to ensure that public confidence in nuclear is retained, so we need to explain the benefits that can be derived from nuclear as well as the safety measures that are in place. Nuclear accounts for 23 per cent. of electricity production; even given the projected decline, in 10 years it will still account for 18 per cent. of elec