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DOE sued over plans to truck Pu



Despite the fact that DOE would like to streamline their Environmental

Management program, there are certain factions that will tolerate

nothing less than absolute adherence to rules and regulations, as noted

in the following news article (received via CPEO list).



--Susan Gawarecki



U.S. DEPT. OF ENERGY SUED TODAY OVER PLANS TO TRUCK PLUTONIUM

ACROSS WESTERN STATES IN UNSAFE CONTAINERS



Manufacturer Admits Containers Cannot Withstand "Crush Test;" Shipment 

Routes Would Include Major Population Centers



Livermore, CA -- At a news conference held today at the fence line of 

the Lawrence Livermore National Laboratory, community groups and

environmentalists announced the filing of a major environmental lawsuit 

challenging a Dept. of Energy (DOE) plan to truck plutonium from Rocky 

Flats, Colorado to the Bay Area's Livermore Lab in containers that 

cannot be certified as safe.



Tri-Valley CAREs (Communities Against a Radioactive Environment),

represented by attorneys with Earthjustice, filed a complaint in federal 

court in San Francisco detailing how Rocky Flat's plutonium is slated to 

be shipped to Livermore in 45-gallon "DT-22" containers that DOE 

documents acknowledge do not satisfy applicable safety regulations.  The 

containers cannot pass a "crush test," which is mandatory for such 

shipments under Nuclear Regulatory Commission regulations. Moreover, 

documents obtained by Tri-Valley CAREs disclose that the container's 

manufacturer apprised DOE of this fact.



DOE's plan to put these containers on trucks out on the Interstate

highways, which run through many populated areas between Colorado and

California, is raising concern throughout the West. According to DOE

sources, the surplus plutonium parts are scheduled to be trucked in 

DT-22s to Livermore Laboratory in the spring or early summer of 2002. 

Once in Livermore, the plutonium parts will undergo high-temperature 

processing. Some years hence, the plutonium is supposed to go back out 

on the road, some of it to the Waste Isolation Pilot Plant in New Mexico 

and some to the Savannah River Site in South Carolina.



Documents obtained by plaintiffs and attorneys in the case show that DOE 

is hurrying to meet an "accelerated closure" plan for dealing with the 

mess it made at the old Rocky Flats weapons plant, located about 16 

miles outside of Denver. "Speeding up the project to meet an arbitrary 

2006 closure date would save the agency money, but at the expense of 

public safety along the shipment route and in my community," stated 

Marylia Kelley, executive director of the Livermore-based Tri-Valley 

CAREs.



"First, the DOE improperly granted itself a 'national security 

exemption' from NRC regulations, so that it can more cheaply truck 

decades-old, surplus plutonium parts in containers that cannot be 

certified safe in crush scenarios. Then, DOE compounded its egregious 

violation of law and agency discretionary powers by neglecting to comply 

with the National Environmental Policy Act (NEPA), the basic 

environmental statute of the land," explained Trent Orr, an attorney 

with Earthjustice.



The lawsuit is being filed under NEPA, and calls on DOE to prepare an

Environmental Impact Statement (EIS) on the proposal. An EIS, say

plaintiffs and their attorneys, is needed to analyze the risks posed to 

communities along the route in case of an accident. Further, the law 

requires an EIS to contain a comprehensive "alternatives analysis," 

i.e., outlining other options for the plutonium, and include the public 

in decision-making through hearings and comment periods.



Plaintiffs and attorneys noted that there are multiple alternatives that 

were dismissed out of hand by DOE -- without benefit of NEPA analysis -- 

as too expensive or time-consuming. They include but are not limited to:



* Cutting the material to fit into safer containers for transport.

* Processing the material on-site at Rocky Flats, and storing it there.

* Sending portions of the material from Rocky Flats directly to the 

Waste Isolation Pilot Plant in Carlsbad, New Mexico, rather than to 

California first then across the Southwest to New Mexico.

* Sending the recovered plutonium directly to Savannah River, SC, rather 

than to California first then across the country to Savannah River.

* Processing the material at one of several DOE sites not within urban

boundaries, if careful analysis showed this to be safe.



Citing the potential hazard of an accident, Marvin Resnikoff, an expert 

in radioactive transport issues, said, "These DT-22 containers cannot 

withstand all credible highway accidents. It makes no sense to transport 

plutonium in unsafe containers to Lawrence Livermore, process the 

plutonium, then transport it to other government facilities in New 

Mexico and South Carolina. All this transportation maximizes the risk of 

a transportation accident."



"Plutonium presents an extreme health hazard to workers who handle it 

and to the public," explained Marion Fulk, a retired Livermore 

Laboratory physicist with five decades of experience studying plutonium 

and other radioactive elements. "A tenth micron-sized particle of 

plutonium, once in the body, is enough to cause cancer or other health 

problems," Fulk continued. "New scientific studies show a wide range of 

negative health outcomes associated with radiation doses that 

authorities believed to be safe in years past. If we must err, we must 

err on the side of caution," he concluded.



"What we have here is an agency ignoring rules to get a job done 

quickly," agreed attorney Orr. "While that may save the DOE some money, 

it might not be the safest way to solve the problem."



Moreover, the shipments could pose a national security issue, said 

Kelley. "After the tragedy of September 11th, the DOE temporarily halted 

nuclear waste shipments knowing they pose an attractive target for 

terrorists. What assurances do we have that these shipments will now be 

secure?"



"Cleaning up the remnants of the Cold War is a worthy and difficult

project, but communities should not be endangered in the name of

expediency," Kelley concluded.



- 30 -



The following persons are also available for interviews:

Tom Marshall, Rocky Mountain Peace and Justice Center, 

(303) 444-6981



Dr. Marvin Resnikoff, Radioactive Waste Management Assoc., 

(212) 620-0526



A pdf file of the lawsuit complaint is available on Tri-Valley CAREs'

website at http://www.igc.org/tvc. Additionally, maps of potential 

routes and communities that could be affected and a copy of the lawsuit 

are available online at http://www.earthjustice.org.



-- 

.....................................................

Susan L. Gawarecki, Ph.D., Executive Director

Oak Ridge Reservation Local Oversight Committee

We've moved!  Please note our new address:

102 Robertsville Road, Suite B, Oak Ridge, TN 37830

.....................................................

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