Lost Nuclear Fuel -Moral Obligation

From: "Mike Mulligan"
> Date: Sat Dec 4, 2004 9:09 am Subject: Lost nuclear fuel –Moral obligation


Lost nuclear fuel –Moral obligation

"The results of these physical inventories need not be reported tothe Commission, but the licensee shall retain the records associatedwith each physical inventory until the Commission terminates thelicense that authorized the possession of special nuclear material."

Are you kidding this is beyond being a banana republic.1) So is 10 CFR 74.19 saying that a plant could lose a whole bundle of exposed fuel –they just have to document it and they are not required to report it? My reading says there are no violations according to this CFR.2) So what is the official definition of "physical inventories"?3) What does "sufficient" mean in 74.19?4) What does follows "written controls" mean?

It's interesting that it seems the NRC has caught VY in violating an internal procedure –but I don't see a violation in 74.19. The ambiguity in the requirement is big enough to drive a semi tractor trailer though!!! Was VY meeting the absolute letter of the requirement? Is national media exposure driving a violation? It is interesting that the regulation speaks of written controls –but doesn't specify what is an ethical means of characterizing a location. I could make the case that the licensee doesn't have to have a specific location –but just a generalize idea that it is in the pool.

Can you imagine how difficult a job it would be for the UN IAEA with not having standardized procedures of ethical nuclear materials controls across a nation -or between nations- so every nuclear utility and facility would have their individual procedures and legal requirements? You know it might be in the interest throughout the planet for all of the politicians and dictators to have next to "no" controls on nuclear materials (especially in the democracies) –and the IAEA is nothing but an illusory organization creating the idea in the public's mind that there is nuclear transparency in the democracies. I wonder if the IAEA is nothing but another meaningless employment service?

The planet has not reached the point where it is in everyone interest (especially the democracies) to manage nuclear proliferation -it's going to take a catastrophe before we "all"become transparent. I guess it's easiest to point to your planetary neighbor charging they aren't nuclear transparent! I thought the democrocies were going to be the model nuclear transparency.

Will VY accept a wrong interpretation of 74.19 from the NRC? Will VY willingly take a hit on 74.19 in order to functionally protect the NRC and how the CFR's are politically made ambiguous –into a set of meaningless requirements. Are the NRC and VY trying to give the public an illusion that nuclear controls are absolutely based on concrete "objective" evidence of the whereabouts of the SNM throughthe legal requirements -by the "escalated enforcement action"?

So where would we be if the NRC said that VY violated no requirementin in this? Are they protecting campaign contributions and influence?Could it even be bigger than that –that the USA is not meeting its planetary moral obligation in managing our nuclear resources in a transparent manner?

This is where I going to get into big trouble!

To my Iranian and North Korean friends –our 10 CFR 74.19 should be your model on how to write meaningless international nonproliferation nuclear requirements. You should hire some of our nuclear lobbyist that interacts with our congress and executive branch –they got a lot to teach you on writing legal non requirements. You should ask the Europeans to write up your agreement exactly like the NRC makes the USA nuclear utilities characterize our SNM. This is banana republic responsibility and requirements coming from the United States of America. I would argue to the UN that you would want to be just as transparent as USA –that would give you the keys to make as many nuclear weapons as you wished.

To my American brothers –would you accept the wording such as in74.19 as the framework for nuclear material responsibility and transparency with North Korea and Iran? Does this meet the requirements of the United Nation with disclosing and controlling nuclear material in general? I'd put it one more way –is 10 CFR74.19 a comprehensive and perfect planetary framework for ethically and transparently disclosing and maintaining responsibility of special nuclear materials –such that it would be a planetary model.In the agreement –could the Iranians inspect a facility of their choice of ours, and the documentation and regulations be organized in an efficient manner on nuclear materials?Is it all about self interest?

Thanks,mike mulliganHinsdale, NH

sufficientSYLLABICATION: suf•fi•cientPRONUNCIATION: AUDIO: s -f sh nt
KEYADJECTIVE: 1. Being as much as is needed.2. Archaic Competent; qualified.ETYMOLOGY: Middle English, from Old French, from Latin sufficins, sufficient-, present participle of sufficere, to suffice. Seesuffice.OTHER FORMS: suf•fi cient•ly —ADVERBSYNONYMS: sufficient, adequate, enough These adjectives meanbeing what is needed without being in excess: has sufficient incometo retire comfortably; bought an adequate supply of food; drewenough water to fill the tub.ANTONYM: insufficient

I guess the question is why do we keep records?

§ 74.19 Recordkeeping.(a) Licensees subject to the recordkeeping requirements of §§ 74.31,74.33, 74.43, or 74.59 of this part are exempt from the requirementsof paragraphs (a)(1) through (4) of this section. Otherwise:(1) Each licensee shall keep records showing the receipt, inventory(including location and unique identity), acquisition, transfer, anddisposal of all special nuclear material in its possessionregardless of its origin or method of acquisition.(2) Each record relating to material control or material accountingthat is required by the regulations in this chapter or by licensecondition must be maintained and retained for the period specifiedby the appropriate regulation or license condition. If a retentionperiod is not otherwise specified by regulation or licensecondition, the licensee shall retain the record until the Commissionterminates the license that authorizes the activity that is subjectto the recordkeeping requirement.(3) Each record of receipt, acquisition, or physical inventory ofspecial nuclear material that must be maintained pursuant toparagraph (a)(1) of this section must be retained as long as thelicensee retains possession of the material and for 3 yearsfollowing transfer or disposal of the material.(4) Each record of transfer of special nuclear material to otherpersons must be retained by the licensee who transferred thematerial until the Commission terminates the license authorizing thelicensee's possession of the material.(b) Each licensee that is authorized to possess special nuclearmaterial in a quantity exceeding one effective kilogram at any onetime shall establish, maintain, and follow written material controland accounting procedures that are sufficient to enable the licenseeto account for the special nuclear material in its possession underlicense. The licensee shall retain these procedures until theCommission terminates the license that authorizes possession of thematerial and retain any superseded portion of the procedures for 3years after the portion is superseded.(c) Other than licensees subject to §§ 74.31, 74.33, 74.41, or74.51, each licensee who is authorized to possess special nuclearmaterial, at any one time and site location, in a quantity greaterthan 350 grams of contained uranium-235, uranium-233, or plutonium,or any combination thereof, shall conduct a physical inventory ofall special nuclear material in its possession under license atintervals not to exceed 12 months. The results of these physicalinventories need not be reported to the Commission, but the licenseeshall retain the records associated with each physical inventoryuntil the Commission terminates the license that authorized thepossession of special nuclear material.(d) Records that must be maintained pursuant to this part may be theoriginal or a reproduced copy or a microform if the reproduced copyor microform is duly authenticated by authorized personnel and themicroform is capable of producing a clear and legible copy afterstorage for the period specified by Commission regulations. Therecord may also be stored in electronic media with the capabilityfor producing legible, accurate, and complete records during therequired retention period. Records such as letters, drawings, orspecifications must include all pertinent information such asstamps, initials, and signatures. The licensee shall maintainadequate safeguards against tampering with and loss of records.[67 FR 78145, Dec. 23, 2002]