NUCLEARNUCLEAR MONITORMONITOR A Publication of World Information Service on Energy (WISE) and the Nuclear Information & Resource Service (NIRS), incorporating the former WISE News Communique

#623 March 4, 2005 UTAH’S RADIOACTIVE ROLLER COASTER RIDER: “HOTTER” WASTE DUMP DEFEATED, BUT “HOTTEST” WASTE DUMP ADVANCES In the U.S. anti nuclear activist celebrated a Utah state law banning dumping of radioactive waste with higher levels of contamination in the Envirocare "low-level" waste dump, but were taken by surprise one day earlier by the decision to reverse a two year old NRC ruling that the risk of accidental military aircraft crashes into the proposed PFS storage site for high-level waste was too high. (623.5662 ) NIRS - On Feb. 25, anti- gotten to the point where nuclear regulatory/adjudicatory/pfs- nuclear activists celebrated a hard-won waste was banned.” (1) aircraft05.pdf ). victory: a state law banning the dumping of higher-activity radioactive Marring the celebration, however, was The ASLB also dismissed the state’s waste in Utah. The “Envirocare” “low” the previous day’s rulings by a U.S. contention that PFS would not be level radioactive waste dump west of Nuclear Regulatory Commission (NRC) “temporary,” but would become a de Salt Lake City has long accepted Class Atomic Safety Licensing Board (ASLB) facto permanent high-level waste A wastes (mostly contaminated soils that dismissed the State of Utah’s final storage site, despite Department of and other nuclear reactor debris) from two remaining contentions against the Energy statements. that it would not across the U.S., but also has tried for proposed Private Fuel Storage (PFS) accept PFS wastes at its proposed, years to obtain permission to accept “interim site” for 44,000 tons of troubled Yucca Mountain burial dump Class B and C wastes (thousands of commercial irradiated nuclear fuel in Nevada. Contradicting its own times more radioactive than Class A). targeted at the tiny Skull Valley ruling, the ASLB indicated that PFS Goshutes Indian Reservation (45 miles may store waste for not just 40 years, Attending Utah Governor Jon Hunts- west of Salt Lake City, and already but perhaps a century or longer! man Jr.’s signing ceremony for the new long surrounded by numerous other law, Jason Groenewold, executive toxic facilities). The rulings conclude the ASLB pro- director of HEAL (Healthy Environ- ceeding begun in June, 1997 in which mental Alliance of) Utah – a leader of In a 2-1 split decision, the ASLB judges 125 contentions against the dump were the grassroots fight for the ban — said reversed their own earlier decision of ultimately resolved in favor of PFS. “It’s a huge accomplishment and a March 2003 that the risk of accidental This paves the way for the five mem- great victory for the citizens of this military aircraft crashes into PFS was ber NRC Commission to order a state, because had the public not been too high (see the present ruling, license for the PFS site. involved and concerned about nuclear including the minority’s blistering waste disposal, we never would have dissent, at www.nrc.gov/what-we-do/ Undaunted, Utah will appeal the ASLB decisions to the Commissioners by mid-March. The Commission, which IN THIS ISSUE: has pushed for an expedited decision on the PFS license for years, could rule Utah's radioactive roller coaster rider: "hotter" waste dump as early as the end of March, although defeated, but "hottest" waste dump advances 1 the timing is not clear. Utah could, if necessary, appeal to the federal courts, Earthlife victory in court on PBMR EIA 2 as well as to U.S. Dept. of Interior agencies which must approve PFS’s Radwaste in France: debate and huge financial hole 6 lease agreement with the Goshute tribe mining issues review 2004 6 and waste transport plans in Skull Valley. (2) In brief 10 PFS CEO John Parkyn hailed the ASLB Satomi Oba level radioactive waste dump, but only PFS at Skull Valley has ever proceeded In memory of our dear friend and colleague this far. Sad news came to us that our dear In our joint effort for a true, honest, friend Satomi Oba in Hiroshima, clean and healthy world she has been Individuals and groups can sign a Japan has died. Only in middle age an inspiration for the whole network. letter (see www.nirs.org/alerts/02-24- and as active and vital as anyone, her Brave she was: a women alone in 2005/1 ) to the NRC Commissioners death is a shock to all of us. Japan, taking care of her children and urging denial of the PFS license by flying all over the globe to spread the emailing their name, group (if any), Besides numerous other activities word; stop the nuclear madness. city, state, and country to and responsibilities, Satomi was also [email protected] as soon as possible. the official WISE/NIRS relay in Japan Modest, honest, fragile and strong at and personally translated and the same time, not afraid to speak Sources: published the Japanese edition of the out and make her point but always (1) “Governor Huntsman Puts Signature Nuclear Monitor. She introduced willing to seek for a positive out- On Ban of Hotter Waste,” KSL-TV, Feb. 25, WISE Amsterdam to the No Nukes come. We will miss her. Our thoughts 2005. Asia Forum in 1997 and since then we are with her family. (2) Patty Henetz, “Utah loses key battle have been working together closely, over N-waste,” Salt Lake Tribune, Feb. 25. (3) “Spent (sic) Nuclear Fuel Storage Site May the good spirit be with her, mostly of course by mail but we have Recommended for Licensing,” Dairyland always been so lucky to meet her forever. Power Cooperative press release, Feb. 24, personally a few times a year. From everyone at WISE and NIRS 2005. (4) N.S. Nokkentved, “Board rejects risk ruling as “a great advancement for the the dump within the tribe, Margene of jet crash,” (Provo) Daily Herald, Feb. 25, 2005. nuclear industry in America.” (3) Bullcreek, said “We’re concerned with (5) Kirk Johnson, “A Tribe, Nimble and health, but it’s also the land we believe Determined, Moves Ahead With Nuclear Groenewold responded “The feds are in. I think this could destroy whatever Storage Plan,” New York Times, Feb. 28, trying to say with a straight face that sacredness is there.” (5) 2005. we should not worry about what happens if a jet crashes into [PFS], Leading to charges of environmental Contact: Kevin Kamps at NIRS which is like saying don’t worry about racism, since 1987 scores of Native [email protected] what happens if Charles Manson American tribes have been targeted by moves into your neighborhood.” (4) the nuclear establishment for a Long-time leader of the opposition to “Monitored Retrievable Storage” high- EARTHLIFE VICTORY IN COURT ON PBMR EIA On January 26, 2005, the Cape Town High Court in South Africa decided in favor of Earthlife Africa and set aside the approval for the Environmental Impact Assessment (EIA) of the PBMR. Earthlife Africa is a non governmental, non profit, voluntary association of environmental and social activists in Cape Town. Its purpose is to campaign against environmental injustices in the Cape Town area and to participate in environmental decision making processes with a view to promoting and lobbying for good governance and inform decision making (621.5663) Earthlife Africa - ESKOM, environmental impact assessment information and documents relating to the second respondent in this case (EIA). Eskom, the proponents, engaged the draft environmental impact wishes to construct a demonstration consultants to conduct an environ- assessment from government, Eskom, model 110 MW class Pebble-Bed mental impact assessment. Under the the consultants and others. Their Modular Reactor (PBMR) at the site of law, the public is supposed to be able efforts were however largely the only existing nuclear plant in to meaningfully participate in such unsuccessful. South Africa near Cape Town. processes. After receiving submissions from the Under South African law, projects with The public including Earthlife Africa, public, including Earthlife Africa, the potential environmental impacts, such commented on the DRAFT EIA consultant produced a FINAL as the construction of a nuclear document and also made vigorous environmental impact report which it reactor, are required to undertake an efforts to obtain access to further submitted to the Department of

2 WISE/NIRS Nuclear Monitor 623, 4 March 2005 25 YEARS AGO What happened 25 years ago? We go back to news from our 1979 WISE Bulletin, comparing anti-nuclear news then and now.

Then In WISE Bulletin vol. 2 nr. 2 we wrote about the cancellation of a reactor project in Egypt: “Plans for the construction of the first Egyptian nuclear power plant have had to be put off. The reason was the unanimous vote of the council of Alexandria. The reactor was to be built at Sidi Kreir, 30 km west of this city. The decision was strongly influenced by the Harrisburg accident and a petition from the population”. (WISE Bulletin vol. 2 nr. 2, January/February 1980)

Now Egypt opened its first research reactor in 1961, which was supplied by the Soviet Union. As early as 1964 it agreed with U.S. Westinghouse for the sale of a nuclear power plant, a project which was later victim of the 1967 Egypt-Israel war. In the mid- 1970s Egypt relaunched the project and requested financial aid from the U.S. Export-Import Bank, which was rejected as the bank considered the request (US$600 million – 1 billion) as “far too large”.

Egypt ratified the Non-Proliferation Treaty (NPT) in 1981 and had ambitious plans for nuclear energy: 40% nuclear generation by 2000. It signed co-operation agreements with the U.S., France, Germany and Canada. (The Nuclear Fix, WISE, 1982)

Egypt has always blamed Israel for having nuclear weapons, but was also suspected of being capable to develop a nuclear arsenal. It has urged Arab nations to develop its own nuclear weapons against Israel. Egypt has operated a small-scale complex for plutonium extraction and was accused by Israel of cooperating with Pakistan, Iraq and Argentina to build a plutonium producing (research) reactor. (The Risk Report, September/October 1996)

In January this year, Egypt was accused of having conducted secret nuclear experiments. IAEA inspectors traced substances by environmental sampling but the tests had not been reported to the IAEA. The experiments involved the production of components of uranium and plutonium traces in the plutonium extraction complex. The experiments and the building of the plutonium facility had officially to be declared to the IAEA. It would also have involved the production of uranium tetra fluoride, which can point to an enrichment program. Most of the failures to report go back to the 1980/1990s.

An IAEA report late February confirmed the failures to report the illegal activities but downplayed a link to a secret weapon’s program. This raised suggestions that IAEA director-general Mohammed El-Baradei, an Egyptian, had tried to cover up Cairo’s secret program. Others however consider this “whispering campaign” as an attempt to sabotage a third term for El Baradei.

(The Independent, 5 January 2005; Associated Press, 4 January 2005; The Times of India, 28 January 2005; Middle East Online, 28 February 2005)

Environmental Affairs & Tourism What was the basis for the court and he abdicated responsibility to (DEAT). action? properly consider safety issues by The authorisation of Eskom’s deferring to the national nuclear This final report differed substantially proposed pebble bed modular reactor regulator. from the draft EIA report. However no came under judicial scrutiny on 29–30 opportunity was given to interested November 2004 as a full bench of three One of Earthlife Africa’s key objections parties to comment on the report. judges considered whether the was that the final environmental impact On 25 June 2003, the Director General authorisation of the PBMR given on 25 of the Environmental Affairs and June 2003 was unlawful. WISE Amsterdam/NIRS Tourism awarded a requisite ISSN: 1570-4629 authorization in terms of section 22 (3) The applicant in the case was Earthlife of the Environmental Conservation Act Africa. It brought the application to Reproduction of this material is 73 of 1989 (ECA). This decision gave review the authorisation on its own encouraged. Please give credit when reprinting. the green light for the PBMR to go behalf and in the public interest. ahead from an environmental Earthlife Africa argued that the Editorial team: Tinu Otoki and Dirk perspective. Director General who authorised the Bannink (WISE Amsterdam), Michael PBMR was obliged to afford them a Mariotte (NIRS). With contributions When it became apparent that it was fair hearing before taking the decision from WISE Uranium, Earthlife Africa, not possible to gain a fair hearing, to grant the authorisation and failed Greenpeace France. Earthlife Africa was forced to resort to to, that he failed to properly address court action the problems posed by nuclear waste The next issue (624) will be mailed out on 18 March 2005.

4 March 2005, WISE/NIRS Nuclear Monitor 623 3 assessment report contains a substantial The legal route is exhausting, consider the review application. The number of documents that were not complicated and very time-consuming. court held in ELA’s favour on the previously made available to the public It is a pity we have to resort to this”. following basis: including extracts from the safety analysis report. What did the judges say? The Promotion of Administrative On the 26th January, judge Ben Griesel Justice Act (“PAJA”) gives it a discretion Another concern raised by Earthlife handed down a 40 page judgement to exempt a person from the Africa was the fact that the Director document in which he judged in favor obligation to exhaust internal General should have considered the of Earthlife Africa. He also ordered the remedies in exceptional circumstances views of the national nuclear regulator respondents to pay ELA’s costs. if it regards it as in the interests of (NNR)) on the safety of the project before justice, and in this case ELA had coming to his decision to make his own applied for exemption. judgment on these issues. The NNR has "PBMR [...] a white elephant expertise in this area that is not where Eskom planned to use The first exceptional circumstance is otherwise available to the Director the people of Cape Town as that s 36 of the ECA provides for General. guinea pigs to test a dubious review notwithstanding the internal technology" remedy. Other factors are the However he put the cart before the horse sensitive, far reaching and contro- by making his decision before the NNR versial issue of nuclear power, and the had formed and communicated its views The application to review the fact that the review if successful will to him. That is what the scoping report authorisation was based on three dispose of some 70 appeals. envisaged, namely that as part of the EIA grounds relating to an absence of process the views of the NNR on the procedural fairness in the decision to In general, the interests of justice are safety of the PBMR would be included in authorise the reactor: served best by disposing of the review the EIR documentation. first. “In this case any appeal will be 1-ELA had not been given a fair on the basis of a record that ELA Earthlife Africa asked for the hearing as it did not have access to argues is deficient and it would thus authorisation to be set aside and for the crucial documents on which the DG be in the interests of justice for ELA to respondents to pay the applicant’s costs. based his decision, it was not allowed be allowed to supplement its record. It to comment on the final EIA and it was is also not in the interests of justice for The first respondent (Director General, not allowed to comment to the this process involving 10 highly Department of Environmental Affairs & decision maker, only to Eskom’s trained lawyers and thousands of Tourism) argued that the environmental consultants. pages to result in a waste of time impact assessment regulations make which would be the case if the provision for a procedure which is fair 2-the DG failed to properly address the application for review is defeated on a but different from the provisions of sub problems posed by nuclear waste at narrow technical point.” section 2 of the Promotion of the the proposed PBMR The court should also incline to an Administration of Justice Act and interpretation that promotes rather therefore even though an oral hearing 3-the DG abdicated his responsibility than hampers access to the courts. was not given, Earthlife Africa did have to properly consider safety issues by a proper hearing. Regarding the issue of deferring to the NNR Procedural fairness of the DG’s safety and waste the Director General decision argued that he was satisfied that these Background: The DG had appointed a The court held that the regulations issues would not pose a threat to the panel of experts to advise him on provide for full public participation in environment that could not adequately Eskom’s application and they had all the relevant procedures be managed and mitigated. recommended that it be granted. Then contemplated in these regulations. The Wynand Fourie the deputy DG court identified 2 phases of the EIA Without the support of organizations submitted a memorandum to the DG process ie the investigation phase and like the Legal Resources Centre, that the authorisation be granted the adjudicative phase where the DG Earthlife Africa would not have had which did not mention or address does the consideration and evaluation the resources to go to court. In ELA’s submission and on the same day of the report and other facts that may November last year Sibusiso Mimi, it was approved. be relevant to his decision. nuclear campaigner for Earthlife Africa Cape Town said in a press statement: Preliminary issues: The DG argued Nothing in the Environmental Conser- “Earthlife Africa is respected as an that ELA should have exhausted vation Act or its regulations expressly environmental lobby group acting in internal remedies before launching the excludes public participation at this the public interest, and our lawyers, review application. The court had to phase and therefore according to case the Legal Resource Centre, are decide if the appeal launched by ELA law procedural fairness demands that confident that we have a strong case.. had to be decided first before it could there be a hearing at this stage.

4 WISE/NIRS Nuclear Monitor 623, 4 March 2005 The second reason why the approach other relevant considerations that may the nuclear programme within South of the DG was held to be unfair was affect the decision. No opinion was Africa and Africa are quite sobering. because the final EIA was substantially expressed on the merits of nuclear The European Committee on different from the draft EIA power or the PBMR as the court had Radiation Risk recently found that the incorporating material changes and not been called upon to consider these. health impacts of low dose radiation substantially more documentation were much more serious than the than its predecessor. “Fairness requires Earthlife is “very happy” with the nuclear industry has historically put that an interested party ought to be Judgment said Liz McDaid the forward. The economic viability case afforded an opportunity first to spokesperson of Earthlife Africa.” We for the PBMR has yet to see the light of comment on such new matter before a believe that the PBMR will now be day and no investors for this white decision is made”. exposed for what it is - a white elephant can be found. elephant where Eskom planned to use Regarding the issue of ELA being the people of Cape Town as guinea The burden of the development of the confined to making representations to pigs to test a dubious technology” said PBMR currently rests squarely on the the applicant’s consultants as opposed McDaid. shoulders of the South African to a chance to influence the decision government, ie this means that the tax maker directly the court had the Government response to the court payers and electricity consumers must following to say: decision: At first the press reported pay! that DEAT (Department of Environ- “It is appropriate for the DG to rely on mental Affairs & Tourism) would For more information, please look at assistance and expert advice of others appeal the court decision but sanity the website - www.earthlife-ct.org.za in coming to his decision but it is prevailed and cabinet gave out a nevertheless an essential requirement statement that government would not Sources: Liz McDaid, ELA-CT, Angela that before making the decision he or be appealing against the court’s Andrews, LRC, Sibusiso Mimi, ELA-CT she should be fully informed of the decision. submissions make on behalf of Contact: Liz McDaid, Eartlife Africa – interested parties and he or she should What next? Cape Town at [email protected] properly consider them. In some Earthlife Africa and other interested circumstances it may suffice for the parties will now have their chance to decision maker to have before it and challenge Eskom’s version of the truth. consider an accurate summary of the As a next step, it will be vitally relevant evidence and submissions if important that this time around, all the summary adequately discloses the relevant information is made available evidence and submissions to the to ELA and other interested parties to decision maker. This did not happen enable them to comment in this case. ELA’s submissions were meaningfully. included in an annexure to the final EIR but the decision maker did not This should include the feasibility read those submissions or even a report produced by an international summary of them.” panel of experts. This report has been kept secret up till now and Earthlife To summarise: Africa is now calling on Eskom and 1- If new matter is raised in a final EIA Government to release the report. after a draft document has been “Eskom is owned by the state, the circulated for public comment, then PBMR is funded with tax payers money interested parties should be allowed to and we believe that the public have a comment on the final document. right to know.” 2- The views of public comment should be placed before the decision maker in With so many pressing social needs in an accurate summary and he/she must our country, Earthlife believes that consider them. once Eskom’s information is critically reviewed, it will be obvious to The court did not consider the other Government that R15bn (US$2.5bn) two grounds of review. would be better spend on energy efficiency and implementing The court gave ELA and other alternative energy options. interested parties the opportunity to address further written submissions to The Future: the DG on the final EIR as well as any The implications of an expansion of

4 March 2005, WISE/NIRS Nuclear Monitor 623 5 RADWASTE IN FRANCE: DEBATE AND HUGE FINANCIAL HOLE As 1991 law stipulated, a debate on the French Parliament on nuclear waste management should happen before the end of 2006. Within the framework of this event, Minister for Industry, Patrick Devedjian and Minister for Environment, Serge Lepeltier have requested the National Commission on Public Debate (CNDP) to organize a debate this fall. (623.5664) Greenpeace France - lem for EDF. This problem is even tions created by the unrestrained Greenpeace is concerned about the will bigger because of huge incertitude on access to these funds. of the Ministers to organize thi debate final costs. Just as an example, the cost just as a social and democratic caution of potential deep disposal could be Nowadays, the Court of Accounts to their future decision on waste 40% to 230% higher than those used as conclusions join the Greenpeace fear management. But Greenpeace is also an accounting basis by EDF, according on the abilities if the French nuclear confident on the ability of the CNDP to to new Andra’s (the radioactive waste firms to finance the future nuclear organize a good debate, asking all the management agency) estimation in bill: EDF’s preparations for nuclear good questions. One of this question is 2003. decommissioning were marked by a definitely the question of the funds lack of clearly formalised rules and and liabilities. Other problem stressed by the Court raised concerns that the cost of safe- of Accounts Report: EDF has only an guarding nuclear installations would A recent report The Court of Accounts “embryo” of the money need to face fall on future consumers or the state. (which oversees the finances of public future clean up of the nuclear sites and bodies and state-owned enterprises) manage nuclear wastes. This situation This situation is not acceptable: the sounds the alarm on the abilities of is explained by the series of acqui- “polluter pays” principle must be the French nuclear firms to finance the sitions abroad in recent years. respected and the French government decommissioning and the radioactive must take action to clarify the cost waste management in the future. This situation has already been estimation and the abilities of French denounced by Greenpeace in 2003 nuclear industry to pay for its eternal In France the total cost is estimated to within an economic study exposing the wastes. 71 billions euros. EDF itself has uncertainties and complexities liabilities estimated to 48 billions surrounding nuclear power plant Source and contact: Frederic Marillier euros! In the way to part-privatisation decommissioning reserve funds across at Greenpeace France these huge liabilities are a real prob- Member States and the market distor- [email protected] URANIUM MINING ISSUES REVIEW 2004 In time-honored tradition, the WISE Uranium Project is pleased to presents the annual summary of occurrences in the world of uranium mining for the year 2004. (621.5665) WISE Uranium - During categories: New uranium mining projects the course of the year 2004, the uranium spot market price climbed The 2004 Gold Award for Impudence The following new uranium projects from 14.50 to 20.70 US$/lb U3O8, nearly goes to: Cogéma for the way received government approval and/or three times its minimum level. The it manages (or rather commenced operation in 2004: price for long-term contracts reached doesn’t…) the legacy of The U.S. Nuclear Regulatory 25 US$/lb U3O8. decades of uranium mining in Commission (NRC) approved PRI’s Gas Gabon, Hills uranium in-situ leach mine When the uranium spot market price The 2004 Silver Award for Impudence project in Wyoming, and Uranium reached the magical figure of 20.00 goes to: Rössing Uranium for Resources Inc. (URI) commenced US$/lb U3O8 at the end of September, a using the mine’s uranium production at its Vasquez frenzy of acquisitions of innocent decommissioning fund to in-situ leach mine located in Texas. URI tracts of land began, involving many keep the mine operating, and further plans to resume in-situ leach exploration companies previously not The 2004 Award for Negligence goes (ISL) mining at its Kingsville Dome involved in the uranium business. to: Energy Resources of mine, also in Texas. Australia (ERA) for a potable This year, for the first time, WISE water incident at its Ranger Development began, or continued, on Uranium Project would like to award mine. the following uranium mine projects: its order of merit in the following The Canadian Nuclear Safety 6 WISE/NIRS Nuclear Monitor 623, 4 March 2005 Commission (CNSC) issued a In India, proposals were made for the commenced remediation works at its construction license for the Cigar Lake development of four new uranium Yeelirrie trial uranium mine site. high-grade uranium mine project in mines - two located in Jharkhand, the In Australia’s Northern Territory, , after an assessment home state of India’s only existing Traditional Owners signed an historic found no significant adverse uranium mill. The Jharkhand State agreement formally terminating the environmental effects. CNSC further Pollution Control Board cleared the controversial development of the announced public hearings on the way for the Bandugurang uranium Jabiluka uranium mine. planned expansion of the JEB Mill at mine project with a statement of “No the McClean Lake mine site to receive Objection”. Although a public meeting Southern Cross Resources Inc. and process Cigar Lake ore. was held for the Baghjanta uranium announced its decision to delay the mine project (also in Jharkhand), development of the Honeymoon ISL Argentina’s atomic energy commis- environmentalists complained of project in South Australia, following sion, CNEA, issued an Environmental incomplete access to project the completion of leach tests. Impact Statement (EIS) for the revival documents and of being hindered in of the Sierra Pintada uranium mine, their efforts to raise concerns during Issues at operating uranium mines located in San Rafael district of the meeting. CNSC approved the license renewals Mendoza province, although the for ’s McArthur River high- environmental legacy from previous The Lambapur-Peddagattu uranium grade uranium mine in Saskatchewan operation has not been dealt with. project in Andhra Pradesh had its ups and the Key Lake mill (where the and downs: while the Union McArthur River ore is milled), despite Near Karkhu in Karelia (Russia), an Government excised tracts of the Rajiv serious water inflow problems ongoing exploration project at a Gandhi Tiger Reserve and a reserve experienced at the mine in 2003 and uranium deposit raised environ- forest for uranium exploration, the the continuing pit sidewall sloughing mentalists’ concerns on radioactive Andhra Pradesh State Pollution into the tailings disposed at Key Lake. pollution in Lake Ladoga. Control Board rejected the site Cameco moreover released an proposed for the associated uranium Environmental Assessment Study During hearings held on the Langer mill. Uranium Corporation of India Report for the proposed production Heinrich uranium mine project in Ltd (UCIL) later conceived a new increase at the McArthur River mine Namibia, promoted by the Australian proposal for a mill site. and Key Lake mill. company Paladin Resources Ltd, the public raised concerns regarding the The Domiasiat uranium mine project An Appeals Court overturned the need for the project, its water supply, in Meghalaya was at the center of Federal Court’s decision to quash and its impacts on the Namib Naukluft much controversy. While the Megha- Cogéma’s operating license for the Park. laya State Government remained McClean Lake uranium mining and undecided, strong opposition from milling facilities in 2002 at the request For Kazakhstan, the development of a several NGOs culminated in a protest of the Inter-Church Uranium number of uranium mine projects was march through the State capital Committee (ICUC). A stay had already announced:Cameco and the National Shillong and coupled with other been granted to Cogéma shortly after Atomic Company of Kazakhstan issues, gave rise to two 1-day general the initial court decision. Moreover, (Kazatomprom) revealed plans to strikes. A local UCIL official even the public involvement process for the develop the Inkai Uranium ISL mine, resigned from his post after being proposed Sue E extension of the while Areva/Cogéma and threatened by militants. McClean Lake mine was initiated. Kazatomprom announced the development of commercial Simultaneously, landowner gave Environmental monitoring revealed a production at the Moinkum uranium consent to UCIL and an organization of sharp increase of uranium loads in deposit, currently the site of a pilot village headmen held a rally in favor lake sediments near the operating plant. The construction of the of the uranium mine. in Saskatchewan. Zarechnoye ISL uranium mine, a While natural uranium levels in the Kazakh-Russian-Kyrgyz venture, has The development of the following lake sediment are below 3 µg/g (3 already begun; part of the uranium mine projects was delayed micro grams per gram), levels in pre-concentrates recovered from the or abandoned: Hidden Bay had reached approx. 25 µg/ mine will be sent to the Kyrgyz In New Mexico, the license for the g in 2000, and have more than doubled Kara-Balta mill for processing. Crownpoint uranium in-situ leach each year since, to approx. 250 µg/g in project was once more on hold at the 2003. It is reassuring, though, that... Kazakhstan also disclosed its ambition request of interveners SRIC and “This has been recognized by the to become the world’s leading ENDAUM – this has been ongoing for company and they are looking into uranium producer by raising its over 4 years now. ways of reducing uranium in the annual production from the current effluent.”... 3000 t to approx. 16,000 t by 2015. In Western Australia, WMC

4 March 2005, WISE/NIRS Nuclear Monitor 623 7 In the U.S., Cameco now plans to major blow to Rio Tinto’s credibility, remained unresolved. Only in one expand in-situ leach operations at and makes Rössing Uranium deserving case, out of the 42 abandoned uranium Crow Butte in Nebraska, a property it the “2004 Silver Award for Impu- mines of concern, had a current owner had written off in 2000... dence”. Meanwhile, Rössing has been identified who acknowledged prepared a plan to continue mining responsibility for its cleanup. In the second half of the year, Cotter until 2017, which is yet to be approved Corp. reopened several uranium/ by Rio Tinto. In Colorado, the U.S. Forest Service vanadium mines in Southwestern plans to cleanup of the abandoned Colorado. The mines had been idle for The Kara Balta uranium mill in Graysill uranium mine, only one of decades. Kyrgyzstan had contracted to process hundreds of abandoned uranium 1800 t of uranium-contaminated waste mines in the Western U.S. presenting At Cotter Corp.’s Cañon City uranium material originating from the BNFL hazards from unsecured ground mill in Colorado, the struggle conti- Springfields (UK) nuclear fuel plant. openings and waste dumps, etc. nued, at Cotter’s request, to accept The intention was to extract the contaminated waste from Maywood, uranium contained (90 t) and return it In Portugal, environmental activists N.J., for disposal at its uranium mill to the UK, while the majority of the exposed the use of radioactive tailings site. In the end, the State material would remain in Kyrgyzstan. materials from the abandoned Quinta renewed Cotter’s mill license, but An expert commission had voiced do Bispo uranium mine for ground prohibited waste acceptance from supported for the deal, but the Kyrgyz works in the city of Mangualde. On other sites, and moreover required government decided to prohibit the several occasions, activists protested transition to a dry tailings manage- import of the waste material. the lack of security at the 56 former ment scheme. It is not clear yet Meanwhile, metal thieves continue to uranium mines in central Portugal; at whether Cotter Corp. will appeal this dig out contaminated scrap metal one mine they also observed illegal decision. buried at the Kara Balta mill, to sell to fishing. They also blocked transports scrap yards. of residual uranium ore concentrate, The Texas Commission on Environ- calling for the environmental mental Quality granted hearing The Navoi uranium mill in Uzbekistan restoration of the former mining area. requests on the license renewal and the nearly regained full uranium output, extension of URI’s Kingsville Dome in- after refurbishing its processing plant In the Democratic Republic (DR) of situ leach uranium mine. with a US$6 million loan received Congo, illicit mining at the former from Nukem Inc. (USA). Shinkolobwe uranium mine raised Following the late 2003 announcement health, security and proliferation that the mine life of the Rössing For the potable water incident at its concerns. The mine had once been the uranium mine in Namibia would Ranger uranium mine, Rio Tinto’s source of the infamous, and extremely likely end prematurely in 2007, the subsidiary Energy Resources of high grade, “Belgian Congo Ores” company, in financial dire straits, used Australia (ERA) clearly deserves to win processed for the U.S. nuclear weapons the mine’s decommissioning fund to 2004’s “Award for Negligence” – a program in World War II, among continue operating in 2004. temporary hose connecting the mine’s others. After the deposit had been process water system to the potable mined out, the mine was flooded and Decommissioning funds are purposely water system, which was meant to abandoned. Now, up to 15,000 illicit set up to ensure money is set aside for increase supply to the process water miners, mainly looking for cobalt, dig cleanup in case companies collapse system, had the opposite effect. in a new open pit nearby but the ores before meeting their liabilities; if this Workers unwittingly drank the produced possibly also contain some money is used to maintain day-to-day uranium-contaminated water and uranium. In July, at least eight miners operations, no money will be left for showered with it. Further incidents at were killed when a mine collapsed. cleanup once the company ceases to the mine, such as the spillage of Only in November could UN exist. And, the Rössing mine (with the contaminated water into nearby investigators confirm that there were associated uranium mill tailings pile) creeks, and the distribution of yellow no longer any mining activities on site. is probably by far the largest single cake via the mine’s compressed air uranium mining-related liability in the system, among others, did not exactly In Madagascar, high radiation levels world. In addition, Rössing’s parent reestablish trust in the safety culture at were found at the abandoned Vatovory company, Rio Tinto, is a member of the mine. open pit uranium mine, formerly the International Council on Mining & mined by Cogéma’s predecessor CEA Metals - “dedicated to economic Abandoned mines between 1937 and 1954. progress, environmental protection In Canada, the deadlock between and social responsibility”. Saskatchewan’s provincial authorities Kyrgyzstan is still seeking foreign and federal authorities over who is support for the urgent stabilization of This blatant misuse of the responsible for the reclamation cost the abandoned uranium mill tailings decommissioning fund represents a for the abandoned uranium mines deposits inherited from the Soviet era

8 WISE/NIRS Nuclear Monitor 623, 4 March 2005 in the south of the country. The World City of Rifle. This was the last of eight reclamation and relocation to an Bank and Japan already gave offers of uranium mill tailings sites reclaimed offsite disposal site has still not been assistance. The OSCE (Organization for in Colorado under the Uranium Mill taken. U.S. DOE released a Draft Security and Co-operation in Europe) Tailings Reclamation Control Act Environmental Impact Statement (EIS) launched an information campaign to (UMTRCA) of 1978. on the management options for raise local public awareness on the comment but failed to indicate a hazards of the Mailuu-Suu uranium Former Uravan (Colorado) residents preferred alternative. mill tailings, and IAEA collected sued Umetco over suspected environmental samples there. In radiation-related illnesses claiming The U.S. DOE Inspector General November, a landslide threatened the the firm had failed to protect them criticized DOE’s oversight on the uranium tailings deposit near Min- from radiation when they lived near reclamation of the Monticello Kush in the Naryn province of Central the uranium mine operated by the uranium mill tailings site, where funds Kyrgyzstan. company from 1928 to 1984. provided to the City of Monticello for long-term maintenance of the mill site Tajikistan is also seeking foreign help In New Mexico, the Navajo EPA were apparently used for unrelated to cleanup of the waste legacy from (Environmental Protection Agency) purposes. Soviet era uranium mining on its raised concerns over the migrating territory. groundwater contaminant plume at In Wyoming, the U.S. NRC approved a the Shiprock tailings site. further weakening of Pathfinder’s In Japan, the Supreme Court finalized Shirley Basin uranium mill tailings an order for a nuclear institute in Homestake was granted a 9-year cover specifications. Tottori to remove approx. 16,000 cubic extension of reclamation milestones meters of uranium-contaminated soil, for its Grants uranium mill tailings Reclamation of ANC’s Gas Hills left over from uranium mining trials site, while residents living near the Tailings Pond No.1 was delayed at Ningyo-Toge between 1958 and 1962. former Grants uranium mill are further. The material had been left abandoned seeking damages from Homestake for for about 40 years. a “variety of physical, emotional and Western Nuclear requested permission financial injuries” allegedly suffered as for cessation of active groundwater In South Australia, authorities are now a result of exposure to radioactive and restoration at Split Rock site, though planning the cleanup of the abandoned other hazardous substances. the standards were not met. Radium Hill uranium mine and Port Pirie uranium treatment plant. United Nuclear’s request to halt In Ohio, cleanup began of Fernald In Queensland, people were observed groundwater treatment at its Church Silos 1 and 2 containing tailings left swimming in the pit lake and tailings Rock uranium mill tailings site gave over from the processing of Belgian dam of the old Mary Kathleen rise to U.S. EPA concerns. United Congo high-grade uranium ores for uranium mine. Nuclear has now also submitted World War II nuclear weapons reclamation plans for its former programs. It is not yet clear, however, Shutdown and decommissioning of Church Rock uranium mines. where the material will be shipped to uranium mines The U.S. NRC license for the Sohio for disposal: to the Nevada Test Site, In July, CNSC (Canadian Nuclear Safety L-Bar uranium mill tailings site was or to a Low-Level Waste site in Texas. Commission) issued a decommis- terminated. sioning license for the Cluff Lake mine In France, authorities tried to locate in Saskatchewan. In August, the For the Monument Valley, Arizona, disseminated material from the Clearwater First Nation in La Loche uranium mill tailings site, U.S. DOE former St-Priest-la-Prugne (Loire) held a one-week road blockade against issued a Draft Environmental uranium mine by issuing question- Cogéma’s hiring policy for Assessment Document for ground- naires to residents of the area, since decommissioning work at the Cluff water restoration for public some of the material had obviously Lake mine. comments. The proposed compliance been used for construction purposes. strategies are mostly based on natural The follow-up of the decommissioning flushing and passive remediation At the decommissioned St Pierre du of uranium mill tailings sites in the through phytoremediation. Cantal uranium mine site, elevated U.S. was impossible after October 25, radiation levels in excess of the when the U.S. NRC shut down its In Utah, U.S. NRC approved relaxed applicable regulatory limits were document library due to a “Security groundwater standards for the Lisbon found by the independent laboratory Review”. uranium mill site. CRIIRAD.

In Colorado, the New Rifle uranium At the Atlas Moab uranium mill In November, an Appeals Court finally mill tailings site has been cleaned up tailings site in Utah, a decision decided that Cogéma must appear in and the property transferred to the between the options of in-situ Criminal Court on charges alleging

4 March 2005, WISE/NIRS Nuclear Monitor 623 9 pollution at its old uranium mine sites with an erosion-prone soil cover. The uranium mining process commis- in the Limousin region (Haute-Vienne) funds for this very strange reclamation sioned by the South Australian govern- in central France. work were taken from aid money ment backs acid ISL uranium mining. provided by the European Union. In Eastern Germany, Wismut began Cogéma thus clearly deserves to win In Germany, the Federal Social Court with the relocation of the Ronneburg the “2004 Gold Award for Impudence”. (Bundessozialgericht) in a landmark landmark uranium waste rock piles ruling decided that uranium miners (100 m high) in Thuringia into a In Kazakhstan, a scientific study on the should be able to claim compensation former open pit mine. In Schlema, Aktau tailings was completed. The for cancers other than lung cancer. In Saxony, a golf course is to be built on reclamation of these tailings is to start two cases, filed by former Wismut the reclaimed parts of one of Wismut’s from 2005. uranium miners and/or their surviving uranium mine waste rock piles. families, the Court found that the Regulatory and policy issues larynx cancer developed by the miners In Gabon, Cogéma’s subsidiary The World Health Organization (WHO) must be seen as caused by their former COMUF completed the decommis- once more revised its provisional occupation and therefore had to be sioning of its uranium mine and mill guideline value for uranium in compensated by the employers’ at Mounana, where it had produced drinking water, now from 9 µg/l to 15 liability insurance. The insurance nearly 28,000 t of uranium from 1961 µg/l, while the original value had been company had maintained that no to 1999. During the first years of 2 µg/l. The change once again is not epidemiological evidence had ever operation, COMUF had simply based on new toxicity data, but on a proven such causation, while only the released a total of over 2 million t of revision of the allocation of the dosimetric model by Jacobi (1995) had uranium mill tailings into an tolerable daily intake to drinking so far been used to support such adjoining creek. This creek, the water, now from 50% to 80%. claims. The court decisions are Ngamaboungou, then carried the relevant for approx. 2000 other former tailings several kilometers to the The U.S. NRC approved the intentional Wismut miners who have contracted Mitembe River. mixing of contaminated soil to meet cancers other than lung cancer. License Termination Rule (LTR) release Rather than cleaning up this mess and criteria in limited circumstances, on a For more information check the transferring the tailings dispersed case-by-case basis. website: www.antenna.nl/wise/ along the creek into an engineered uranium tailings disposal facility, COMUF A review report on the environmental simply covered the dispersed tailings impacts of the acid in-situ leach Source and contact: WISE Uranium IN BRIEF Waves brought radioactive waste to spokesman said the UNEP needed to Agreement remain in force, the newly Somalia. Tsunami waves could have assess the full impact for the country. signed Jabiluka Long-Term Care and spread illegally dumped nuclear waste He said that the waste posed Maintenance Agreement obliges ERA and other toxic waste on Somalia’s significant danger to Somalia’s fishing to secure Mirarr consent prior to any coast, a United Nations spokesman has industry and also local marine life. future mining development of said. Nick Nuttall of the UN BBC News, 2 March 2005 uranium deposits at Jabiluka. “This Environment Programme (UNEP) told agreement lifts the shadow of Jabiluka the BBC that December’s tsunami off the Mirarr and other Aboriginal appeared to have broken barrels and Consent needed from Mirrar for people in Kakadu,” Mirarr Senior scattered waste. Mr Nuttall said a future mining in Kakadu. The Traditional Owner Yvonne Margarula preliminary UN report had found that Aboriginal owners of Kakadu National said. “We now have a chance to solve Somalis in the northern areas were Park have won their long battle for the some of the social problems like falling sick as a result. Some firms right to halt further development of a alcohol, unemployment and health. have been dumping waste off uranium mine on their traditional Jabiluka will never be mined unless Somalia’s coast for years, the UN says. lands within the park. On February 25, the Mirarr give approval - in future the It says international companies have the Mirarr Gundjeihmi Aboriginal decision is ours alone for the first been taken advantage of the fact that people, the leaseholders Energy time.” Somalia had no functioning Resources of Australia (ERA), and the ENS, 28 February 2005 government from the early 1990s until Northern Land Council signed a recently. Nuttall said there are landmark agreement on the long term radioactive chemicals, heavy metals, management of the Jabiluka uranium Cadarache: release of noble gases and medical waste. He also said that some mining lease area in the Northern iodine. Incident uprated to Level 1. of the hazardous wastes had been Territory. While the Jabiluka Mineral On February 27, an accident involving linked with cancer. However, the Lease and the 1982 Jabiluka Mining the release of noble gases and iodine

10 WISE/NIRS Nuclear Monitor 623, 4 March 2005 from the Phebus reactor at Cadarache Agreement on development Mochovce power plant, northeast of has been uprated to Level 1 (anomaly) Generation IV Reactors. A multilateral Bratislava and about 150 km (90 miles) on the International Nuclear Event agreement aimed at the development from Vienna, did not meet interna- Scale (INES), the Commissariat a of next generation nuclear energy tional safety standards and posed a l’Energie Atomique (CEA) said today. systems has been signed by represen- risk to the health of the plaintiffs, who The incident occurred January 21 tatives from Canada, France, the UK both live in Vienna. Judge Hannelore during removal of an experimental and the USA. The Generation IV Weber ruled against the plant’s owner, device containing fission products, International Forum (GIF) partners Slovak state power firm Slovenske generated during the last test of the have identified six next generation Elektrarne (SE), saying it had to reduce international Phebus Fission Products technologies for development inclu- the risk of an accident that could cause program at Cadarache, France. A ding: the Gas Cooled Fast Reactor; the a radiation leak and damage the procedure for closing valves was not Sodium Fast Reactor; the Lead-Cooled plaintiffs’ health. The plant’s owner properly followed, the CEA said to Fast Reactor; the Molten Salt Reactor; said it would appeal. “The nuclear explain the release of noble gases and the Supercritical Water Reactor; and power plant at Mochovce meets all radioactive iodine, which it said the Very High Temperature Reactor.. Slovakia’s legislative requirements as represented 10 millionths of the WNA News Briefing 05.08, 23 well as international safety standards,” Cadarache center’s annual limit. There February - 1 March 2005) it added. The Green Party stated that as were no consequences for personnel or Slovakia is a member state of the the environment, the CEA said. The European Union, the ruling was incident had initially been rated at Austrian court: Mochovce does not binding across the border. The Greens INES Level 0 but was uprated because meet international safety standards. said the ruling was “unique in analysis showed that procedures had An Austrian court has set a precedent Europe”: “This is the first time a court not been properly followed, the CEA for Europe by it’s ruling that a foreign has established that a nuclear power said. nuclear plant poses a health hazard plant across the border creates a threat Nuclear News Flashes, 25 February that must be corrected. A Vienna to life and health”. 2005 district court found Slovakia’s Reuters, 17 February 2005

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