Yucca Mountain News Clips
Tuesday, June 15, 2004
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Las Vegas SUN
Tuesday, June 15, 2004

State keeps close watch on Yucca data

By Suzanne Struglinski
<suzanne@lasvegassun.com>
SUN WASHINGTON BUREAU

WASHINGTON -- Nevada will be closely watching how the Nuclear Regulatory Commission handles the Energy Department's posting of documentation -- or lack thereof -- into the Yucca Mountain project's database.

Under federal law, the department must turn in all relevant documents on the nuclear waste storage project six months before it turns in the license application to the commission. The department aims to get the application in by Dec. 23, making June 23 the cut-off for the six-month requirement.

"DOE (the Energy Department) still thinks it can get away with a piecemeal effort," wrote Bob Loux, executive director of the state's Agency for Nuclear Projects in a letter to commission Chairman Nils Diaz.

"Your upcoming decision on the adequacy of DOE's June 23 document submission will be a commanding indicator, to DOE, to other hearing participants, and to outside observers, on whether this is to be a fair hearing," Loux wrote.

Nevada asked the commission earlier this month for the appointment of a pre-license application presiding officer as soon as possible rather than two weeks after the department submits documents to the databse, as outlined in the commission's regulations. Loux said he received a letter from the commission saying that it would appoint the presiding officer as required by law, but not sooner.

The state is concerned about a 24-million-page discrepancy between the department's estimates in February and then in May regarding how much documentation it plans to submit.

"It is essential for the integrity of the Yucca Mountain hearing that NRC makes clear from the outset that it will enforce its rules, and that it will do so even if that means delaying the licensing process," Loux said. "If, out of fear of being blamed for delay, the Commission eases the DOE document requirements at this first formal stage of the Yucca Mountain proceeding on June 23, you will encourage DOE in its view that is can bully its way through the licensing proceeding."

Energy Department officials have repeatedly said they will meet the June 23 deadline and the December deadline with a a high-quality license application. The department still plans to open the site in 2010 if Congress fully funds the project.

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Las Vegas SUN
June 15, 2004

Reid pushes to get aide on nuclear panel

By Suzanne Struglinski
<suzanne@lasvegassun.com>
SUN WASHINGTON BUREAU

WASHINGTON -- Sen. Harry Reid, D-Nev., is raising the stakes in his fight to get one of his aides onto the Nuclear Regulatory Commission.

Reid now promises to block all the administration's nominees from going through the Senate until Greg Jaczko, a physicist on Reid's staff, gets a confirmation hearing for one of the two vacant seats on the commission.

Reid said he expanded the hold since "nothing was happening."

The deal he reached with the White House was only for the nomination, Reid said, so now he is working toward the confirmation.

The hold will not apply to judicial or military nominees, but will affect President Bush's appointments of Steve Johnson to be deputy administrator of the Environmental Protection Agency and Ben Grumbles to be the agency's assistant administrator for water, as well as about three dozen other nominees, according to Reid's office.

Reid announced last month that he would block any Environment and Public Works Committee business from moving forward until Jaczko gets his hearing.

The White House nominated Jaczko in February, based on a deal made with Reid to lift his hold on Environmental Protection Agency Administrator Mike Leavitt. Reid had placed the hold on Leavitt and other nominees after the White House rejected Jaczko's nomination recommendation but offered no explanation.

Jaczko, who now handles appropriations matters for the senator, was involved with Reid's fight against the Yucca Mountain nuclear waste storage project, planned for 90 miles northwest of Las Vegas. The commission will ultimately decide if the project can move forward.

Jaczko says he can objectively evaluate the site, but the nuclear energy industry would rather see someone less obviously anti-Yucca serve on the five-member commission.

The White House has not made another nomination to fill the other vacant seat. Its original nominee, Navy Vice Adm. John J. Grossenbacher, withdrew his nomination in February.

The plan is still to consider both nominees together, a Republican aide to the Environment and Public Works Committee said, noting that nothing has changed on the committee's schedule.

But Reid says the White House has not even offered a nominee yet for the two to be questioned at once.

"I'm not going to wait for their delay, that's their problem, not mine," Reid said.

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Las Vegas Review-Journal
June 15, 2004

Reid expands hold on nominees

Move seeks to force GOP to advance nuclear waste adviser

By Steve Tetreault
Stephens Washington Bureau

WASHINGTON -- Sen. Harry Reid, D-Nev., is increasing pressure to have one of his aides confirmed to a top post at the federal agency that will decide the Yucca Mountain Project.

Reid confirmed Monday that he will put a blanket hold on all of President Bush's nominees for executive branch positions except for judges and defense appointees.

He said he will hold up nominees and selected bills until his nuclear waste adviser, Gregory Jaczko, can be confirmed to join the Nuclear Regulatory Commission.

"He'll get that job," Reid said. "It's just a question of when, now or six months from now. Maybe it will be after Bush is defeated. Whether Bush is re-elected or not, Jaczko will get that job."

Reid's move could delay nominees awaiting Senate confirmation for executive jobs in the Agriculture, Education, Commerce, Interior, Justice, Labor and Energy departments, and at the Environmental Protection Agency.

Senate records as of Monday show 48 nominees pending for those departments and for government advisory boards that require confirmation.

The move expands a Reid blockade that had been limited to nominees at environmental agencies and bills originating from the Senate's environment committee.

Reid said he decided to increase pressure after learning that nuclear industry representatives have been lobbying against Jaczko with the blessing of the White House.

He said he exempted judicial nominees because the Senate has a separate agreement on how those are handled. As for allowing defense nominations to go through, he said he did not want to hamper military operations.

Senators have the ability under the chamber's rules to place holds on bills and nominees, a tactic that is used for leverage. Some of the nominees Reid is blocking already face holds by other senators.

Reid employed the same strategy last year, blocking Bush nominees for more than a month last fall until the White House agreed to put forward Jaczko, a physicist, to become one of five NRC commissioners.

The agency regulates the nuclear power industry and the handling of nuclear materials and nuclear waste. Jaczko, 33, has been nominated for a five-year term that would give him a voice on whether the Department of Energy is allowed to develop a nuclear waste repository at Yucca Mountain in Nevada.

But Reid's deal with the White House over Jaczko may have had its limits. Jaczko was nominated in February, but the Republican-led Environment and Public Works Committee has not scheduled a confirmation hearing.

"It appears the White House sent (Jaczko's nomination) down here just to get by the original hurdle, and they've told anyone not to let him move forward," Reid said. "So I'm not going to let them move anything forward."

A White House spokesman could not be reached Monday evening.

Nuclear industry officials do not want Jaczko at the NRC, believing he cannot be an impartial arbiter after working for Reid, who has worked for years to frustrate the Yucca Mountain Project.

Senate sources confirmed Monday that John Pemberton, a lobbyist for the Southern Co., a utility that operates nuclear plants, urged Republican Senate staffers in a recent meeting to oppose Jaczko's nomination. The meeting was first reported by Roll Call, a Capitol Hill newspaper.

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Salt Lake Tribune
June 15, 2004

Confirmation hearings coach now in the hot seat

By Christopher Smith

WASHINGTON -- Utah native and longtime Republican lobbyist Tom Korologos has coached an estimated 400 presidential nominees through Senate confirmation hearings.

"There will be hearsay questions, irrelevant questions and even some stupid questions," he tells them. "Be ready for all of them."

Wednesday, the Senate Foreign Relations Committee will see if Korologos heeds his own advice when the panel holds a hearing on his nomination to become the new U.S. ambassador to Belgium. It was widely anticipated Korologos would easily coast to confirmation, but the outlook clouded Monday when Sen. Harry Reid, D-Nev., announced he would put a blanket hold on all of President Bush's pending nominees until a former Reid staffer nominated to the Nuclear Regulatory Commission (NRC) is confirmed by the Senate.

Reid's desire to have his former aide, Greg Jaczko, on the panel that will oversee licensing of the Yucca Mountain nuclear waste dump also stalled former Utah Gov. Mike Leavitt's confirmation to head the Environmental Protection Agency last year. Reid lifted his hold on Leavitt after Bush agreed to nominate Jaczko, but the Senate Environment Committee has yet to report Jaczko's nomination to the floor for a full Senate vote. Fearful Jaczko will be an agent of Reid's opposition to Yucca Mountain on the commission, nuclear power industry officials have urged senators to defeat his confirmation.

No stranger to political gamesmanship, Korologos, 71, has thus far been following another of his cardinal rules during the run-up to his confirmation hearing Wednesday.

"Model yourself after a bridegroom at a wedding," he said in his confirmation "commandments" collected by the Presidential Appointee Initiative of the Brookings Institution. "Be on time, stay out of the way and keep your mouth shut."

Due to federal ethics rules, Korologos was forced to relinquish his interest in the small but influential lobby firm Timmons and Co. last year when he was named by Bush as a public relations adviser to L. Paul Bremer, the U.S. administrator for postwar Iraq reconstruction.

Korologos left the position in September and was nominated as ambassador to Belgium on May 13.

Korologos will be introduced at Wednesday's confirmation hearing by Sen. Bob Bennett, R-Utah, who briefly served as chief of staff to his father, the late Sen. Wallace Bennett of Utah, when Korologos was the elder Bennett's press secretary.

A former Salt Lake Tribune sportswriter, Korologos eventually served in a variety of positions in the Nixon, Ford, Reagan and first Bush administrations, and has helped Beltway celebrities such as Henry Kissinger, Donald Rumsfeld, William Rehnquist and Antonin Scalia navigate Senate confirmation.

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Salt Lake Tribune
June 15, 2004

Bridgewater faults Swallow on N-waste

By Rebecca Walsh
The Salt Lake Tribune

Storing nuclear waste is a hot political potato in Utah. And congressional candidate John Swallow is being accused of changing his position on the issue depending on his location.

That's what his opponent, Tim Bridgewater, says is happening in his Republican 2nd District primary race against Swallow. The two men are locked in a fight to see who will face U.S. Rep. Jim Matheson in November.

At the San Juan County Republican Convention in April, Bridgewater and Swallow fielded a question about the so-called "Plan B" alternative to deposit spent nuclear reactor rods on state land in southern Utah rather than on the Skull Valley Band of Goshute Indians' Reservation southwest of Salt Lake City. Bridgewater and other witnesses say Swallow told the rural Utahns gathered in Monticello that he was willing to consider the plan.

But at a debate last week at Salt Lake City public television station KUED and again Monday, Swallow said he is opposed to dumping that waste in Utah and denied Bridgewater's version of events. He suspects he might be a victim of mistaken identity.

"My position on nuclear waste is very clear," Swallow said. "I don't want it stored in the state. I don't want it coming through the state. I don't even want it stored in Yucca Mountain [Nev.]." That answer is different from the one participants say he gave in San Juan County.

San Juan County Commissioner Lynn Stevens said it was clear to him that Swallow is more open to the idea than Bridgewater. The proposal calls for storing the rods on state trust lands in the Lisbon Valley just north of Monticello. County leaders figure the depository could produce hundreds of jobs and $900 million in revenue.

At the convention, Stevens said, Swallow advocated studying the health risks of storing the depleted fuel rods collected from a consortium of eight utility companies and then letting voters decide.

Bridgewater, whose stepfather earlier this year died of cancer -- which the family blames on radioactive fallout from nuclear weapons tests -- was more reticent to pursue Plan B. He also opposes the resumption of nuclear testing in Nevada. "Utah has paid an inordinate price [for America's nuclear legacy] in terms of lives," Bridgewater said last week.

"I much favored John Swallow's answer," the commissioner said.

Apparently, so did the crowd: In an unofficial vote of county delegates, the vast majority, 31 to 5, favored Swallow for the nomination to face Matheson.

Sam Cantrell, a Bridgewater supporter who also was at the convention, believes the nuclear waste question benefited Swallow. "I knew it was because of that question," Cantrell said. "That's where the votes go."

Still, Swallow rejects Bridgewater's memory of his comments.

He says Bridgewater is "running a negative campaign.

"Unless I was asleep when I said it, I have not said anything like that. I know what I didn't say."

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Tri-City Herald
June 15, 2004

State: Shipments to Hanford may violate court order

This story was published Tuesday, June 15th, 2004

By Annette Cary Herald staff writer

The Department of Energy imported at least 83 drums of radioactive waste to Hanford without Washington state's knowledge and in violation of an agreement between DOE and Gov. Gary Locke, state officials charged Monday.

Some of the shipments also may violate a court order halting shipment of transuranic waste to Hanford, said Sheryl Hutchison, spokeswoman for Washington's Department of Ecology.

The state sent a letter to DOE on Monday cautioning it not to accept any more of the waste and warning that the state plans further action. That could mean an order saying how the waste must be handled or a fine.

"No shipments are in process or are planned until we can get to the bottom of the state's concern and get this resolved," said Erik Olds, a DOE spokesman in Richland.

Samples from Hanford's huge tanks of highly radioactive waste have been sent to the Savannah River Technical Center in South Carolina for studies on how to treat waste at the vitrification plant under construction at Hanford.

An exclusion in state and federal law allows waste and any liquid waste residues remaining after a test is completed to be shipped back to Hanford. The waste is not subject to state requirements for tracking or hazardous-waste handling.

Once returned to Hanford, the waste goes back into Hanford's new double-shelled tanks to await treatment at the vitrification plant. The tank waste, left over from the production of plutonium at Hanford during World War II and the Cold War, will be turned into glasslike logs for permanent disposal, likely at Yucca Mountain in Nevada.

But the state discovered recently that more than tank waste and test residues were being shipped back from Savannah River. DOE also has been sending back drums of contaminated debris from the treatability studies.

"We sent a little bit of waste out and got a lot of waste back," Hutchison said. "That's not how it's supposed to work."

The waste includes radioactively contaminated gloves, other clothing, equipment and lab supplies used in testing and analyzing the waste samples.

The state believes the debris is not covered by the exemption.

"Ecology is extremely troubled by this abuse of the treatability study sample exclusion in state and federal regulations," wrote Bob Wilson, a state compliance specialist, and Michelle Anderson-Moore, a state compliance inspector, in the letter to DOE.

The shipments have been coming to Hanford since 1997. But state officials did not know they were being sent to Washington until a state inspector spotted a drum in late April at Hanford and learned it contained debris from Savannah River.

Because DOE apparently had considered the shipments as exempt, manifests and other tracking information had not been routinely available to state regulators.

The state is unsure of where most of the drums are or if more than 83 have been sent. It's also not sure how the waste in the drums should be classified, although eight appear to be transuranic waste, which typically is contaminated with plutonium 239 and americium 241.

The drums of transuranic waste are being stored at Hanford for eventual shipment to an underground repository near Carlsbad, N.M.

Ten of the drums have been treated at PEcoS, a Tri-City company, and disposed of at Hanford. The waste that contaminated that equipment was shipped to Savannah River for testing as high-level waste, Hutchison said.

In 2000, DOE told Locke it would not ship radioactive waste mixed with chemicals from other DOE sites to Hanford until a solid-waste environmental study was completed and a record of decision issued.

The state believes that agreement bars shipment of the drums from Savannah River. The study is completed, but a record of decision has not been issued.

The shipment of the eight drums of transuranic waste to Hanford also may have violated a federal court order that stopped shipment of such waste to Hanford after April 2003 until litigation is resolved. The state has not determined when the transuranic shipments were made, but at least some were sent before the injunction was issued.

The state did agree in its letter to DOE that the treatability studies are an important part of work to empty and treat waste in underground tanks.

"We should work together to guarantee that these studies continue," the letter said.

DOE is reviewing the letter, Olds said. It was sent to Keith Klein, manager of the Richland Operations Office, and Roy Schepens, manager of the Office of River Protection.

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Las Vegas SUN
June 14, 2004

Rove: Yucca won't be an election issue

Bush strategist says other issues key for Nevadans

By Kirsten Searer
<searer@lasvegassun.com>
LAS VEGAS SUN

The presidential race in Nevada will not come down to the state's feelings on the Yucca Mountain issue, a top presidential adviser said this weekend.

Instead, Karl Rove, the president's lead strategist, said Nevadans will base their decision on what he believes are the same factors that most Americans will -- the war on terrorism, the state of the economy and the "values" of each presidential candidate.

President Bush, he said, did not lie to Nevadans when he said he would wait for "sound science" to determine the fate of the site, which now is scheduled to be the final resting spot of the nation's high-level nuclear waste.

"He's been pretty consistent all along that he's going to base it on sound science," Rove said, later adding, "but he's not going to play politics with this. He didn't four years ago when he ran. He said he would make a decision based on science and he did."

Rove, who was in Nevada this weekend for a string of fund-raisers, has been creditied for much of Bush's political successes, including his win in 2000 and the strong Republican showing in the 2002 mid-term elections.

Rove also criticized presidential candidate John Kerry's pledge to block the Yucca Mountain nuclear repository if he is elected.

"I think Nevadans are smart enough to know it's one thing to make a rash pledge that it's not coming here," he said. "It's another thing to be able to operate on it when you have so many states that have material in their states and for so long have been told that eventually there will be a place to put it.

"You have to explain what you're going to do with the stuff that's now lying around," he said.

Kerry spokesman Sean Smith responded that Kerry is committed to stopping the Yucca Mountain project, though where it goes instead "will be determined on a later date."

"John Kerry has promised the people of Nevada that Yucca Mountain will not be a nuclear waste respository and he means it," Smith said. "And if I were the Republicans, I would try to change the subject, too, because George Bush's failure on Yucca Mountain is the biggest broken promise in the history of presidential politics as far as Nevadans are concerned."

Rove was greeted by protestors in both Las Vegas and in Reno on Saturday, including someone dressed in a nuclear hazard suit in Las Vegas.

Mark Benoit, the Nevada spokesman for America Coming Together, a national group that pushes progressive candidates, said it could backfire on Republicans if they continue to "duck" the issue of Yucca Mountain.

"This is an issue that comes up strong in most polling," he said. "When people list their worries, Yucca Mountain is always in the top three or four for Nevadans. You can't say it's a nonissue."

Bush's promise to rely on "sound science" came in the 2000 presidential campaign, when Nevada was closely divided between Bush and Democratic presidential candidate Al Gore.

Before the election, Bush issued a statement saying: "I believe sound science, and not politics, must prevail in the designation of any high-level nuclear waste respository.

"As president, I would not sign legislation that would send nuclear waste to any proposed site unless it's been deemed scientifically safe."

Bush later allowed Energy Secretary Spencer Abraham to push forward with Yucca Mountain, even as some scientific reviews were showing potential problems with the site.

However, Rove said, Yucca Mountain isn't a sure thing. He pointed to Nevada's legal battle against the site and the ongoing license application that the Nuclear Regulatory Commission is now reviewing.

"Nevada has exercized its legitimate rights to take this to court, and this is probably going to be one of the better ways to resolve the question of was sound science used in the preparation of the decision or not," Rove said.

Rove, who lived in Sparks from 1960 to 1966, said he still has family in Nevada and understands that people have concerns with the Yucca Mountain site. "That's why Congress, and I'm not certain who the wise man was, set up a slow-moving and a very in-depth process some 20 years ago," he said.

Rove's visit was yet another from a high-level Republican this election year. President Bush is scheduled to be in Reno this weekend, though he is not scheduled to stop in Southern Nevada.

Rove said he expected Bush to visit Southern Nevada before the presidential election. When asked if Bush would answer questions from the local media about the promises he made about Yucca Mountain, Rove laughed and said, "Oh yeah. Might be, might be."

Rove, who first worked with Bush when he was governor in Texas, said that Bush still holds values that Westerners can appreciate.

"He's a person of great optimism, of great clarity," Rove said. "He does what he believes, he does what he says. People know he's got convictions that are not going to change with fad or fashion, and they know he's somebody who's a conservative. And the state of Nevada is generally conservative.

"It's going to be a hard-fought state," he said. "I feel good about it at the end of the day, though, because the state is a conservative state. It's not a state that warms to high taxes and soft on defense and sort of the left-wing values."

He said Bush's work on the Healthy Forest Initiative to clear out forests and prevent forest fires should appeal to Nevadans. Bush also fought for Nevada, Arizona, Utah and Colorado to receive the allotment of water from the Colorado River that the states deserve under government compacts, he said.

Bush is also fighting for Congress to send more Homeland Security money to places with a high security threat, such as Las Vegas, instead of distributing the money on a per capita basis as some congressional members have tried to do, Rove said.

He criticized MoveOn.org, a group that has run a blitz of anti-Bush ads in Nevada. He said the group called for a nonviolent response to the attacks on Sept. 11, 2001.

"They didn't want us to take out Osama bin Laden and the killers," he said. "They just wanted us to sit down and offer up therapy and a platter of cookies and lemonade."

Rove raised about $50,000 for Rep. Jon Porter's re-election campaign. Fund-raising totals from Northern Nevada were still being totaled today, officials said.

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IEER
June 14, 2004

Press Release

ENERGY DEPT. IS "RUSHING AHEAD WITH A DEFECTIVE YUCCA MOUNTAIN DESIGN"

SAYS FORMER U.S. NUCLEAR WASTE TECHNICAL REVIEW BOARD MEMBER;

NEW ARTICLE CITES MANAGEMENT PARALLELS WITH SPACE SHUTTLE DISASTERS

If the Department of Energy (DOE) pursues its present design, the nation's proposed high-level waste repository at Yucca Mountain, is likely to leak. This is the conclusion reported in a new article by Dr. Paul Craig, a former member of the U.S. Nuclear Waste Technical Review Board. "Rush to Judgment at Yucca Mountain" is a cover story of the June issue of Science for Democratic Action, published by the Institute for Energy and Environmental Research (IEER).

In his article, Rush to Judgment at Yucca Mountain, Dr. Craig draws parallels between the mistakes made by NASA leading up to the Challenger and Columbia space shuttle disasters and DOE's plans to dispose of high-level radioactive waste. "Lessons from NASA are generic," explains Dr. Craig. "They apply to the Yucca Mountain project." Among the similar management flaws he cites:

- Poor design with the flaws often obvious from the outside;

- Schedule-driven programs, which are "especially problematic when the science isn't well understood as was the case with the shuttles and is the case with Yucca Mountain;"

- Institutional arrogance.

DOE's present design illustrates the first problem. The Nuclear Waste Technical Review Board reported last year that DOE had chosen a repository environment in which the waste containment canisters are likely to corrode and leak.

Craig believes that a sound design is probably possible at Yucca Mountain. However, he warns that even if DOE developed a sound design, it is unclear whether that organization is institutionally competent to carry it out. His article concludes, "I do know that the worst approach is to ignore sound science. And that's what DOE is doing at Yucca Mountain."

Dr. Arjun Makhijani, president of IEER, added, "With the DOE in charge, there is no hope for a sound repository program."

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Oak Ridger
June 14, 2004

Security contract nearly up, could mean new provider

REASON: The contract cycle for the current security provider is nearly up.

By: Paul Parson | Oak Ridger Staff
paul.parson@oakridger.com

With no signs of security decreasing at Oak Ridge's federal facilities, the Department of Energy has taken some initial steps in an effort to determine who will be responsible for that job in the future.

A recently released DOE document essentially alerts interested parties about a possible opportunity to provide security at local federal facilities, including the Oak Ridge K-25 site and the Y-12 National Security Complex.

It's a mission currently assigned to Wackenhut Services Inc.

However, DOE spokesman Walter Perry noted the company's contract has nearly run its course. Originally valued at $75 million a year, Wackenhut's three-year contract began in January 2000 and included two one-year renewal options.

"We've run out of the option years," Perry said.

Based on a preliminary schedule, a draft request for proposals for the new security contract could be issued by Sept. 30 - the end of fiscal year 2004. A final request is tentatively set to hit the streets in early FY 2005, with a contract possibly awarded in the second quarter of that fiscal year.

DOE's facilities have been operating on a heightened state of security since the Sept. 11, 2001, terrorist attacks, and there are no signs of that slowing down.

According to the DOE document, the security contractor will "supply fully qualified personnel (armed and unarmed)" to assist the federal agency in providing paramilitary protective force services at a number of Oak Ridge sites. The contractor will also provide qualified staff to assist DOE in the area of cyber security in addition to conducting or supporting performance testing of security systems.

Though officials with Wackenhut were unavailable for comment this morning, the company has suffered some tough criticism lately.

Earlier this year, the watchdog group known as the Project On Government Oversight proclaimed that Y-12 could not adequately protect its supply of bomb-grade uranium in the event of a terrorist attack. In addition, DOE's Inspector General's Office called a 2003 security test Wackenhut took "tainted and unreliable" because the company was privy to information about the exercise before it happened.

And, while DOE plots the future of the security contract, the process could be thrown for a loop if Energy Secretary Spencer Abraham's proposed plan to federalize protective forces ever came to fruition.

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State of Nevada
Agency for Nuclear Projects
www.state.nv.us/nucwaste/
nwpo@nuc.state.nv.us
775-687-3744
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