Yucca Mountain News Clips
Sunday, October 2, 2005
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Las Vegas SUN
October 02, 2005
Long spans for radiation standards leave many cold

Government's formulas trouble dump critics

By Suzanne Struglinski
<suzanne@lasvegassun.com>
Sun Washington Bureau

WASHINGTON -- The way Yucca Mountain critics see it, the Environmental Protection Agency's proposed radiation standard for the nuclear waste dump is weak -- and will be even weaker 1 million years from now.

And therein lies their problem. Because while critics see this as a life-or-death issue, they are finding it difficult to arouse the public, in part because some of what is at stake will not become an issue for more than 10,000 years.

As the EPA comes to Las Vegas this week to gather public comment on the proposed standard regulating radiation levels at nuclear waste repository, critics hope the fact that a part of the rule would not take effect until at least the year 12,310 does not prompt public disinterest.

"A lot of people just don't get it -- they look at 10,000 years and 1 million years and their eyes glaze over," said Peggy Maze Johnson of Citizen Alert, an anti-repository group. "This is about future generations."

In advance of the hearings, Yucca critics have complained that the EPA, told by a federal appellate court to rewrite its rule, simply presented a warmed-over version of the one the court threw out.

"We won a lawsuit, but there is no change" to the rule, Johnson said.

Yucca critics are not optimistic that this week's hearings will change that.

The Nuclear Regulatory Commission has already proposed an identical rule for its regulations, and Johnson fears critical voices will fall on deaf ears.

When she met with EPA officials while the standard was being written, "they didn't seem to take any of our suggestions to heart," Johnson said.

Elizabeth Cotsworth, EPA's Office of Radiation and Indoor Air director, told a National Academy of Sciences panel earlier this month that the proposed rule, which limits the amount of radiation someone living near Yucca Mountain can be exposed to in a single year, was appropriate for protection. She said it allowed for no more radiation exposure than that of the natural landscape in Denver.

Like the old standard, the new one allows 15 millirem of radiation a year -- about the same level of annual exposure as a person would receive in an X-ray -- starting after the repository closes and lasting for 10,000 years. But the new standard adds a regulation for 10,001 years to 1 million years that increases the allowable dose 2,300 percent to 350 millirem.

The Energy Department will use computer models to prove to the commission that it can meet the standard, and the EPA will set up monitors around Yucca Mountain.

Judy Treichel of the Nevada Nuclear Waste Task Force, another anti-Yucca group, argues that the standard has nothing to do with protection, but rather was designed merely to allow the dump to be approved. The previous rule did not account for radiation beyond 10,000 years.

Treichel contends the new standard will leave future Nevadans more susceptible to cancer.

Critics also are troubled by the formula that the EPA used to create the dose recommendations. The formula calls for using an average to calculate the dosage during the repository's first 10,000 years; after that, the dosage is calculated using a median.

Writing in the publication Science and Engineering Ethics, University of Notre Dame professor Kristin Shrader-Frechette said such a standard shows that "even serious harms caused by negligence or unfairness could be sanctioned if the rate of harm was below" the average.

She used, as an example, a hypothetical release that affected 715 people in a nearby town. She said if a "baby received a fatal dose of 10,000 millirems but all other residents each received 1 millirem, the mean dose would be under 15 millirems."

While such a scenario is unlikely, it shows the folly of the rule, she said. Under the EPA standard, after 10,000 years the dosage would be calculated using the median, meaning "limits would allow nearly half of exposures to exceed any standard," Shrader-Frechette said. That means in her theoretical town, 357 people could receive fatal doses of radiation if everyone else received 350 millirems or less.

Shrader-Frechette said the EPA's rule would allow radiation at 350 millirems a year -- slightly higher than the level that naturally exists in Denver -- an amount, she said, that causes about 3 percent of fatal cancers in the United States.

She said if the EPA permitted air polluters to follow similar logic, they could save money and "increase profits at the expense of the public, but claim that victims' health risks were acceptable merely because they were no worse than what some natural event had caused."

And that, critics say, is as much of a concern in 2005 as it perhaps will be in 12,310.

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Las Vegas SUN
October 02, 2005

Letter: Nevada disaster would be unnatural

It is heartbreaking to see the devastation in the Southern states from Hurricane Katrina. It looks like a Third World country, where the lives of thousands of people may never again be the same.

Now imagine that you are forced to leave your home. Your neighborhood is deserted. You are separated from family members and may be suffering from the loss of loved ones. Imagine fleeing in your car (if you have enough gas) on clogged highways, or having to rely on mass transportation, if it even exists. There are fires and explosions and the air is full of toxins. There is no infrastructure left -- no running water, plumbing, gasoline, electricity, phones or police.

Imagine having to fight off others intent on stealing your meager supply of food, water or gasoline. Maybe one of your family members needs medical attention and there are no doctors or nurses available. You might have a parent in a nursing home and you are unable to get there.

Providing that President Bush is successful in ramming a nuclear-waste dump at Yucca Mountain down our throats, it is not a matter of "if" the above scenario will happen in Nevada, it is a matter of "when." There will be hundreds and hundreds of trucks carrying deadly nuclear waste through our streets and cities every day for decades. It will only be a matter of time until there is a wreck, overturned truck or some other accident that could turn our beloved Nevada into a wasteland. There would be no homes, jobs or schools to go back to.

Don't kid yourself. The odds are that this will happen if Bush gets his way.

A. Maria Brown
Henderson

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Salt Lake Tribune
October 02, 2005

Rolly: Old Hansen idea could keep waste out of Skull Valley

By Paul Rolly
Salt Lake Tribune

There haven't been too many issues that have divided politicians and government leaders in Utah - even among those in the same party - as the federal government's proposal to put a permanent nuclear waste dump in Yucca Mountain, Nev.

For the Utahns, of course, the matter is significant because Yucca won't be built for many years as it still faces numerous political, legal and economic obstacles. So the alternative plan is to store about 44,000 tons of the radioactive waste temporarily in above-ground containers on the Goshute Indian Reservation in western Utah's Skull Valley, a proposition that most Utahns oppose and many have vigorously fought.

And while nearly all Utah office holders want to block the Nuclear Regulatory Commission-approved radioactive storage facility at Skull Valley, they have different ways of achieving that goal.

After siding for years with Sen. Orrin Hatch and the Bush administration to approve the storage site at Yucca Mountain, Sen. Bob Bennett recently changed direction and now sides with other Utah officials and Senate Minority Leader Harry Reid of Nevada in opposing the storage at Yucca Mountain and pushing instead the idea of keeping the waste at the sites where it was produced and looking at ways to reprocess it.

Utah's Gov. Jon Huntsman Jr. and Reps. Rob Bishop and Jim Matheson also take that position, while Rep. Chris Cannon has said he is warming to the idea.

Keeping the waste on site with the idea of eventually reprocessing it presents all sorts of political hurdles to clear, because most of the plants are in highly populated states in the East with lots of electoral votes whose leaders want to rid themselves of the waste as much as Westerners want to keep it there.

Hatch has argued that supporting Yucca is supporting Bush and will make it easier to win presidential support for putting up roadblocks to the temporary Skull Valley location. His Utah colleagues have argued that Yucca likely never will be built because of all the problems it still faces and Utah could be stuck with the waste indefinitely.

But one solution that is beginning to make more and more sense and could fly politically is an old one - first proposed by veteran Utah Congressman Jim Hansen, since retired.

The idea that Hansen offered was to designate as wilderness certain areas within the U.S. Air Forces Test and Training Range in western Utah, which would effectively block transportation of the nuclear waste to the Skull Valley site.

Hansen's plan would have made exceptions for Jeep and helicopter travel to rescue any pilot forced to parachute out of a plane over the test range.

The 22-year veteran lawmaker offered the plan as an amendment to the Defense Authorization Bill. It passed in the House but was taken out in the Senate due to strong opposition from environmental groups and representatives of many of the states that produce the waste that would be shipped to Utah.

Hansen's successor, Rep. Rob Bishop, tried a scaled-down version of the Hansen wilderness designation plan, but that failed as well. One problem for Bishop was that he was a freshman congressman when he took on the challenge. Hansen's efforts were more formidable because he had 22 years in the House to develop a persona and build coalitions.

There were all sorts of ironies about the original plan to keep the waste out of Skull Valley. The wily Hansen, chairman of the House Resources Committee, had long fought environmental groups trying to expand wilderness areas that are off-limits to development. And here he was trying to designate more wilderness in western Utah. Environmental groups, meanwhile, were trying to block the designation of wilderness in western Utah.

But Hansen's craftiness is finally being appreciated and some of his past opponents are warming to the idea. In order to succeed, it would need bipartisan support and unity among the Western states.

Hansen has already proved, though, that such support can be achieved, as he was able to move it through the House and into the Senate.

One Hansen initiative that did make it into law prevents construction at the Skull Valley site until the Defense Department completes a study on the impact of the waste storage on the Utah Test and Training Range, the largest such range in the continental United States. Before that study can be done, it must be funded by Congress, which has not yet occurred.

That requirement provides an added chip for those seeking to block Skull Valley and provides yet another barrier to construction while negotiations are under way. It could provide another argument for changing plans and keeping the waste at its original sites.

The approval of the old Hansen legislation to designate wilderness areas on the range would strengthen that possibility even more.

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Las Vegas SUN
September 30, 2005

Judge nominee Sandoval has smooth hearing in D.C.

By Benjamin Grove
<grove@lasvegassun.com>
Sun Washington Bureau Chief

WASHINGTON -- Attorney General Brian Sandoval flew into the nation's capital two days early for his hearing Thursday in front of the Senate Judiciary Committee. That gave the U.S. District Judge nominee time for a brutal mock-hearing practice session with Justice Department officials on Wednesday.

By the time he caught up with his wife and three children sight-seeing at Ford's Theater later that afternoon, Sandoval was charred by the grilling.

"I'm still trying to get the singe marks off my suit," Sandoval said.

He need not have worried. Sandoval and four other federal court nominees sailed through their hearing Thursday. The panel likely will approve their nominations in the next week or two, setting up expected approval by the full Senate.

The intimidating panel of 18 senators that spent weeks probing the record of Supreme Court nominee John Roberts had little venom left for Sandoval and the other noncontroversial nominees.

In fact, only one senator, Republican Orrin Hatch of Utah, showed up at the hearing. He said he wouldn't pester them with questions.

"I know your reputation and I think each of you is qualified to serve in your respective positions," said Hatch, who introduced himself to the nominees before the hearing, and asked one, Harry Mattice, how to pronounce his name.

Still, Senate rules require a hearing, so Hatch lobbed a softball at each. He asked Sandoval how his job experience would serve him as a judge.

Sandoval responded that his varied experience as a private lawyer, state lawmaker, regulator (as a Nevada gaming commissioner) and attorney general had prepared him for the bench.

"I will treat all litigants with dignity and respect," Sandoval noted.

Hatch nodded and moved on.

After 45 minutes of canned remarks and family introductions, the hearing was over.

The White House nominated Sandoval to the Senate on the recommendation of Senate Minority Leader Harry Reid, who along with Sen. John Ensign, R-Nev., testified on the nominee's behalf (a "class act," Reid said; a "great Nevadan," Ensign said).

The ranking senator of the president's party typically recommends judges to the White House, although Ensign allows Reid to recommend one of every four openings. Reid had asked Sandoval to take a judgeship several years ago, but Sandoval declined. To Sandoval's surprise, Reid asked him again last year.

Some observers said it was shrewd for the Senate Democratic leader to take a rising GOP star out of politics.

Sandoval's take on that was politician-like: "My response is I was honored that Senator Reid and Senator Ensign would consider me for this position."

In an interview earlier this week, Sandoval said he wanted the job for a simple reason.

"For me, public service is an honor, and I have the ultimate respect for the rule of law," Sandoval said. "I just saw this as an opportunity to serve the United States for life."

Reid had praised Sandoval as a devoted family man and noted that Sandoval was also looking forward to a job that didn't involve campaigning away from his wife, Kathleen, and his children, James, 10, Madeline, 8, and Marisa, 14 months.

Sandoval's mother said the judge-to-be had been an upstanding boy.

"Since the age of 3 he has said, 'Mom, I just want to be my own person,' " Teri Sandoval, of Santa Fe, N.M., said. "Ethics and morals are the things that matter to him. He never wanted fortune or fame. With Brian, what you see is what you get."

A beaming Ron Sandoval of Reno said he had burst with pride the day his son went to law school. He predicted Sandoval would be a "down-to-earth, honest, nonprejudicial" judge.

"He puts his mind to something and he goes for it," Sandoval said.

Sandoval, 42, of Reno, is one of the youngest U.S. District Court judges approved in recent memory, a panel spokesman said.

The panel released a 44-page biographical sketch of Sandoval in which the nominee had ranked the top 10 cases of his career. Sandoval listed at No. 1 his experience as part of the state's legal team that challenged Yucca Mountain radiation standards issued by the Environmental Protection Agency.

Sandoval's daughter Madeline gave her dad a good-luck peck on the cheek moments before the hearing.

"Are you sweating?" she asked.

She later dozed uncomfortably in her chair several rows behind where her father sat under eight white-hot spotlights mounted on the ornate room's wood-paneled walls.

District judge would be Sandoval's 13th job, according to his resume. Was this his easiest job interview ever?

Sandoval smiled. "I just appreciate the fact that we had a hearing."

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Deseret News
October 01, 2005

Hatch takes heat for not joining nuclear-waste foes

Utah Democratic Party chairman Wayne Holland criticized Sen. Orrin Hatch, R-Utah, Friday for not joining "a unified front" in opposing both temporary storage of high-level nuclear waste in Utah and long-term storage in Nevada.

Several weeks ago, Sen. Bob Bennett, R-Utah, switched positions and said he now opposes long-term storage of spent nuclear power plant rods and other wastes in Nevada. Previously, both Hatch and Bennett have voted in favor of the Yucca Mountain federal repository in that state. Of the five members of Utah's congressional delegation, only Hatch has not come out against the permanent repository at Yucca Mountain, Nev. All members oppose the temporary storage facility at the Goshute Indian reservation in Utah's west desert.

Hatch recently said he did not want to "kick the administration in the teeth right now when they're for Yucca Mountain."

Holland says the waste ought to be stored at the plants that make it.

"Sen. Hatch needs to do the right thing. He needs to start protecting Utahns and stop protecting his friends in the White House. President Bush can take care of himself, but we need a senator that takes his responsibility to protect the people of Utah far more seriously," said Holland.

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Salt Lake Tribune
October 01, 2005

Yucca squabble aside, Huntsman backs Hatch as senator

Windfall? The governor sees a possible boon for Utah if he becomes the Finance Committee chair

By Matt Canham
Salt Lake Tribune

Gov. Jon Huntsman Jr. wants Orrin Hatch to remain a U.S. senator, despite their public disagreement on how to combat efforts to ship nuclear waste to Utah.

Huntsman endorsed Hatch's 2006 re-election bid during a phone call Friday morning. Huntsman agreed to serve as Hatch's campaign co-chairman with Sen. Bob Bennett, normally a ceremonial post.

But campaign manager Dave Hansen expects more than just an endorsement.

"We want their advice and their input to tell us what they need to do to run a winning campaign," Hansen said.

The governor supports Hatch because he is expected to become the chairman of the powerful Senate Finance Committee if he wins re-election, a position that could bring financial benefits to Utah, said Huntsman spokeswoman Tammy Kikuchi.

"He is definitely delighted to throw his support behind Senator Hatch," Kikuchi said.

But that doesn't mean they agree on all issues.

Huntsman criticized Hatch last week for being the only member of Utah's congressional delegation to support shipping nuclear waste to Nevada's Yucca Mountain. Hatch believes supporting the Bush administration on Yucca Mountain is the best way to keep the waste out of Utah.

A group of electric utilities known as Private Fuel Storage is seeking federal approval to store 44,000 tons of waste in above ground steel casks on the Skull Valley Goshute Indian Reservation in Utah.

Huntsman called Hatch's position "ill-advised."

Along with the rest of the congressional delegation, Huntsman believes the waste should stay put. They believe the reactors that create the waste should keep it on-site and find a way to reprocess it, instead of shipping the spent nuclear fuel to Utah or Nevada.

Hansen said this disagreement has not caused a rift between Huntsman and Hatch.

"Of course not. they have been good friends for a long time," he said. "They are political compatriots."

 Huntsman and Hatch also have been split over their support for State Republican Party Chairman Joe Cannon. Hatch asked Cannon to run for a third term as party chairman, which he subsequently won. Huntsman has publicly blamed party leaders for negative campaign tactics last year, though he and Cannon have since patched their relationship.

"There will be issues, of course, that they may not see eye to eye on," Kikuchi said. "But on many they will and they will work together."

 She cited Legacy Highway as one issues that Hatch and Huntsman have both supported.

Hatch, who is seeking a sixth term, must defeat state Rep. Steve Urquhart, R-St. George, so the far his only declared Republican opposition, to win the party's nomination. Pete Ashdown, the CEO of Internet service provider XMission, is the only Democrat who has announced his candidacy.

mcanham@sltrib.com

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Provo Daily Herald
October 01, 2005

Beehives and Buffalo Chips 1001

Buffalo Chip to Sen. Orrin G. Hatch for suddenly exaggerating his efforts to fight nuclear waste in Utah. After Utah Sen. Bob Bennett announced he was supporting legislation that would force nuclear power generators to store spent fuel rods at reactor sites instead of at Yucca Mountain or Skull Valley, Hatch scurried to introduce his own bill to limit waste storage.

He would restrict storage to government-run facilities only. The problem is that Hatch still hasn't introduced his bill; it's just a draft. If you're going to jump on a bandwagon, you should be ready to play the music.

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Old Colony Memorial
October 01, 2005

Experts debate relicensing Pilgrim plant

By Daniel Axelrod
MPG Newspapers

PLYMOUTH (Oct 1) - Two experts at Thursday night's Plymouth Area League of Women Voters nuclear safety issues forum described how a well-executed terrorist attack upon the Pilgrim Nuclear power plant's spent-fuel supply could release 10 times the radiation of the Chernobyl disaster. The other two experts touted nuclear power as a safe, secure way of ensuring the American way of life.

More than 100 residents from various local towns gathered at Plymouth Community Intermediate School to hear Dr. Gordon Thompson of Clark University, Dr. Gilbert Brown of UMASS Lowell, the Union of Concerned Scientists' Dr. Ed Lyman and New York security guru Richard Sheirer discuss whether the Pilgrim nuclear power plant can safely operate 20 years beyond 2012.

The two-and-a-half-hour forum came just a month after officials for Pilgrim's owner Entergy reiterated plans to begin in January the roughly three-year process of the federal Nuclear Regulatory Commission (NRC) considering extending the plant's operating license when it expires in 2012.

Each speaker gave a 15-minute opening presentation before answering live and presubmitted questions from the public through moderator Risa Nyman.

Thompson highlighted how information is readily available on the Internet about how to build a special warhead into the nose of a plane or a missile, which could breach the plant's thick concrete walls and cause a catastrophic disaster. He also outlined safer methods for Entergy to store its spent fuel to prevent a disaster in the event of a terrorist attack.

Lyman focused on the limited ways the public can participate in the relicensing process and described what he considers the flaws of the relicensing process. He depicted the relicensing process and NRC's methods of testing whether plants are secure as woefully inadequate and over-influenced by the powerful industry-lobbying group the Nuclear Energy Institute.

Brown said the 104 U.S. commercial nuclear reactors supply 20 percent of the nation's power without creating harmful greenhouse gases or other types of global warming inducing pollution. He characterized nuclear power as a safe, efficient and vital way to maintain our prosperous American way of life.

Sheirer, a former high-ranking New York City fire official and current senior vice president with Giuliani Associates, cited his experiences helping plan and observe security and safety measures for New Yorkers living near the Entergy-owned Indian Point Power plant.

Sheirer portrayed the current communications system among government and local authorities during emergencies as much improved since 9/11 and said the "robust security" at nuclear plants like Pilgrim make them unlikely sites for terrorism compared to more vulnerable targets like subways.

The stakes are high

Several stories above the ground, in a five-foot deep pool of water encased by concrete, sits every bit of spent uranium fuel the Pilgrim reactor produced since 1972; 2,600 assemblies, each containing 60 fuel rods full of decayed uranium pellets, lie there.

The water cools the still-decaying uranium and shields workers from the bulk of the spent fuel's continuing radioactivity.

It takes about five years for the fuel rods to cool enough to be removed from the spent-fuel pool. And though the federal government is responsible for disposing of the nation's spent nuclear fuel, Pilgrim's spent fuel rods will remain at the site pending department of energy's attempts to resolve safety issues raised in a lawsuit over the proposed nuclear waste repository site at Yucca Mountain, Nev.

By 2012 that pool will be completely full and Pilgrim officials would have to begin burying the spent fuel rods in giant concrete casks on site.

Meanwhile, some scientists and security experts like Thompson and Lyman argue terrorists could crash a plane through the Pilgrim plant, hit the spent fuel pool or break into the plant and blow the water out of the spent-fuel pool, setting off an unstoppable fire and a devastating radiation release.

"Two-and-half million curies of mostly localized radiation were released in the Chernobyl accident," Thompson said. "There are five million curies in Pilgrim's reactor and 25 to 30 million curies of radiation in the spent-fuel pool. Most of that spent-fuel pool's radioactivity would be released into atmosphere if there was a fire, or 10 times the amount released in Chernobyl."

Thompson said some of the best ways to make nuclear plants safer would be to remove all the old spent-fuel assemblies, put them in dry-cask storage and spread the newest spent fuel assemblies out in the pool like logs in a fire, so if the spent fuel ever was targeted, the odds of a disastrous, raging inferno would be reduced.

Lyman said the Union of Concerned Scientists isn't anti-nuclear, but the group is concerned the NRC doesn't review whether nuclear power plants are secure during the relicensing process. NRC officials claim such security reviews are part of an ongoing security review process featuring mock attacks and inspections.

"Fact: a well-planned terrorist attack on nuclear plant with ground, air or water forces can result in a core meltdown containment failure or large Chernobyl-type radioactive release, and anyone who says otherwise is either misinformed or lying," Lyman said. "If Indian Point were hit, up to 44,000 fatalities within 50 miles from the place of exposure would occur, along with up to 500,000 cancer fatalities in the long-term and economic damages exceeding two trillion."

Lyman said the existing security-testing process needs to be stricter, hinting nuclear power plants may only have to defend against four or five mock attackers with the help of only one nonviolent person on the inside helping the attackers. And the security drills don't factor in potential plane attacks.

From 1991 to 2001, 81 security tests were conducted. At 37 nuclear plants, the NRC team identified significant vulnerabilities, which means the adversary team successfully simulated a sabotage leading to core damage and a probable radioactive release.

Protecting American life

Brown holds an M.I.T. Nuclear Engineering doctorate. He dismissed claims of a plane hitting a nuclear plant and setting off a disaster as far-fetched.

Brown said the debate about whether nuclear plants are secure and whether radiation from fuel pellets could pollute the earth is really more about the broader questions of American society and our standard of living.

"In my reality space, nuclear energy is not only a safe way, but an environmentally safe, sound and economical way to make electricity," Brown said. "Most people don't have a quality of life a tenth of what we have."

Brown compared the likelihood of a plane slamming through the Pilgrim plant's walls and layers of thick concrete and metal and then hitting the spent fuel pool to a missile hitting a postage stamp.

Brown criticized Lyman's assertion the NRC doesn't hold nuclear plants to a high enough security standard.

Sheirer, former New York Mayor Rudolph Giuliani's disaster boss, touted his 35 years of public safety experience working with nuclear medical accidents and academic and research nuclear materials to support his claim nuclear plants are secure.

"When people make a presentation, I believe the glass is half empty and you have to show me otherwise," Sheirer said. "That's the nature of planning for an emergency."

Sheirer said he came away impressed from watching security drills at Entergy's Pilgrim plant and the Indian Point plant.

"When Entergy came to help us plan with emergencies, I said 'show me,' " he said. "Working with Entergy, I've seen an organization that not only meets, but exceeds expectations.

"For people to say the people who work at Pilgrim aren't prepared is preposterous. These people are prepared and they understand clearly what their responsibility is to the plant and the people the plant serves."

Sheirer found talk of a core meltdown sensationalist.

"Giuliani visited Indian Point and said, 'It's a reverse of Marion' high-security prison in upstate New York," Sheirer said. "It's as secure as Marion, but not in keeping people in but keeping people out."

Sheirer echoed Brown while explaining just how safe and secure nuclear plants' reactor vessels, spent-fuel pools and dry-cask storage are.

"The World Trade Center is an enormous target; no one anticipated planes would be used as bombs to fly into the building," Sheirer said.

"But the footprint for that is different, and it's not as simple to direct a bomb into nuclear facilities as some would make you believe."

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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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