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Re: lochbaum on nrc website



Well, bye-golly they sure have a nice point!  I still say that they pulled

it because they didn't want their (NRC offices) addresses and locations so

easy to find.  Most of the materials about reactors, that is interesting, is

contain in the local library (licensee's) anyway.



"In science there is only physics; everything else is stamp collecting."

                                      --Ernest Rutherford



Dean Chaney, CHP, IBA (aka High Plains Drifter)

Fairfield, CA

magna1@jps.net

----- Original Message -----

From: "Norman Cohen" <ncohen12@HOME.COM>

To: <radsafe@list.vanderbilt.edu>

Sent: Wednesday, October 31, 2001 7:09 AM

Subject: lochbaum on nrc website





> Hi Radsafers, below is UCS's letter to NRC on why NRC closed down most of

the website.

> norm

>

>

> >

> > October 30, 2001

> >

> > Mr. Hubert Bell

> > Inspector General

> > United States Nuclear Regulatory Commission

> > Washington, DC 20555-0001

> >

> > SUBJECT:        ALLEGATION OF UNFAIR NRC ACTIONS

> >

> > Dear Mr. Bell:

> >

> > On or about October 11, 2001, the Nuclear Regulatory Commission

essentially pulled the plug on the public's access to information by

shutting down the NRC's website and ADAMS. UCS is troubled by the unfair

manner in which the NRC excluded the public from the regulatory process.

When Dr. Edwin Lyman questioned the NRC during the October 18th stakeholder

meeting about the rationale for urging rather than ordering licensees to

increase security in the wake of September 11th, Commissioner McGaffigan

interrupted to remark that he was offended. Commissioner McGaffigan went on

to explain that the NRC would have had to bring in its lawyers to process

considerable paperwork before it could legally issue an order and that the

Commission had opted for the swifter process of making recommendations. The

Commissioner's explanation is consistent with that provided by Chairman

Meserve to Representative Edward J. Markey in his letter dated October 15,

2001.

> >

> > If we properly understand the circumstances, the NRC pulled the plug on

public access to information because of a fear that terrorists might find

material that could aid them carry out a successful attack on a nuclear

facility. In other words, the plug was pulled to thwart radiological

sabotage. But "radiological sabotage" is defined in 10 CFR 73.1 as:

> >

> > * A determined violent external assault, attack by stealth, or deceptive

actions, of several persons with the following attributes, assistance and

equipment: (a) well-trained (including military training and skills) and

dedicated individuals, (b) inside assistance which may include a

knowledgeable individual who attempts to participate in a passive role

(e.g., provide information), an active role (e.g., facilitate entrance and

exit, disable alarms and communications, participate in violent attack), or

both, (c) suitable weapons, up to and including hand-held automatic weapons,

equipped with silencers and having effective long range accuracy, (d)

hand-carried equipment, including incapacitating agents and explosives for

use as tools of entry or for otherwise destroying reactor, facility,

transporter, or container integrity or features of the safeguards system,

and (e) a four-wheel drive land vehicle used for transporting personnel and

their hand-carried equipment to the proxi!

> mity of vital areas, and

> >

> > * An internal threat of an insider, including an employee (in any

position), and

> >

> > * A four-wheel drive land vehicle bomb.

> >

> > Pulling the plug could not possibly have altered the risk from the first

bullet since the "determined violent external assault" is assumed to be

assisted by a knowledgeable insider. This insider would not be impaired by

the NRC pulling the plug.

> >

> > Pulling the plug could not possibly have altered the risk from an

internal threat. Again, the insider would not be impaired by the NRC pulling

the plug.

> >

> > Pulling the plug is extremely unlikely to significantly alter the risk

from the four-wheel drive land vehicle bomb. Building identifications and

locations are readily available such as in the emergency planning calendars

distributed by plant owners annually to thousands of people.

> >

> > So, the NRC's actions had absolutely no material hope of lessening the

risk of radiological sabotage from the regulated threats. However, the plug

being pulled could reduce the risk of radiological sabotage from a new,

previously unregulated threat: namely, a "determined violent external

assault" unaided by a knowledgeable insider. Material from the NRC website

would assist the external attackers instead of the information provided by

the knowledgeable insider.

> >

> > Consequently, the NRC apparently decided NOT to bring in its lawyers to

process considerable paperwork so 10 CFR Part 73 could be revised to include

this new Design Basis Threat. To be consistent with its logic for

recommending that plant owners increase security, the NRC should have posted

a recommendation on its website that the material not be used to plan

radiological sabotage. Instead, the NRC pulled the plug and left the public

without access to information. All of the niceties that Chairman Meserve and

Commissioner McGaffigan cited as slowing down the process were not

applicable since it was only the public involved. Once again, the NRC used

its regulations to shield the industry and ignored its regulations to

sacrifice the public.

> >

> > We know that the Office of the Inspector General (OIG) has investigated

and substantiated allegations that the NRC provided differential treatment

to the nuclear industry at expense of the public. Consequently, we are not

asking that OIG document yet another such abuse by this rogue agency.

Instead, we are merely asking that if the OIG audits NRC on achieving its

four stated objectives, you record our vote as being NO for "improving

public confidence." Weblite and the underhanded process used to inflict

Weblite on an unsuspecting public has not improved our confidence.

> >

> > Sincerely,

> >

> > David A. Lochbaum

> > Nuclear Safety Engineer

> > Union of Concerned Scientists

> > Washington Office

> >

> > ??

> >

> >

> >

> >

> >

> > October 30, 2001

> >  Page 2 of 2

> >

> > Washington Office:  1707 H Street NW Suite 600  ( Washington DC

20006-3919   (  202-223-6133   (  FAX:  202-223-6162

> > Cambridge Headquarters:  Two Brattle Square   (  Cambridge MA

02238-9105  (  617-547-5552  (  FAX:  617-864-9405

> > California Office:  2397 Shattuck Avenue Suite 203   (  Berkeley CA

94704-1567   (  510-843-1872   (  FAX:  510-843-3785

>

> --

> Coalition for Peace and Justice and the UNPLUG Salem Campaign; 321 Barr

Ave., Linwood, NJ 08221; 609-601-8537 or 609-601-8583 (8583: fax, answer

machine);  ncohen12@home.com  UNPLUG SALEM WEBSITE:

http://www.unplugsalem.org/  COALITION FOR PEACE AND JUSTICE WEBSITE:

http:/www.coalitionforpeaceandjustice.org   The Coalition for Peace and

Justice is a chapter of Peace Action.

> "First they ignore you; Then they laugh at you; Then they fight you; Then

you win. (Gandhi) "Why walk when you can fly?"  (Mary Chapin Carpenter)

>

>

>

>

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