March, 16 2009, 02:18pm EDT
For Immediate Release
Contact:
Tom Clements, 803-834-3084
Nick Berning, 202-222-0748
DOE's Plans to Use Plutonium Fuel (MOX) Jolted by Duke Energy's Withdrawal From Program
Future of MOX Program Again in Doubt as DOE Now Has No Nuclear Reactors to Use the Controversial Fuel
COLUMBIA, S.C.
The troubled plan by the Department of Energy (DOE) to use nuclear
fuel made from surplus plutonium was recently dealt a grave blow with
the loss of all reactors that had been expected to use the fuel.
Duke Energy Corporation has allowed its contract to use the
controversial mixed oxide fuel (MOX) in four Duke reactors in North and
South Carolina to lapse, throwing into question the survivability of a
program that has stumbled from one problem to another over the last
decade.
In its annual filing with the Securities and Exchange Commission
(SEC) on February 27, 2009, Duke revealed that the contract to use MOX
had "automatically terminated on December 1, 2008" after a failed
attempt to renegotiate the contract with Shaw AREVA MOX Services (MOX
Services), contracted by DOE to carry out the MOX program. Duke has
said it "is interested in receiving a future proposal from MOX Services
for the use of MOX fuel," but right now the planned use in the Catawba
and McGuire reactors has been terminated.
Due to this negative turn of events for the misguided and costly MOX
program, the public interest organization Friends of the Earth is again
calling for the program to be terminated once and for all.
"Given the lack of reactors to use the plutonium fuel and ongoing
problems over the last decade with this program, it's past time for
Congress to pull the plug and halt construction of the MOX plant at the
Savannah River Site," said Tom Clements, Southeastern Nuclear Campaign
Coordinator with Friends of the Earth in Columbia, South Carolina.
A DOE official has informed Friends of the Earth that DOE is
speaking with three utilities about possible MOX use and that Duke may
reenter into negotiations. It is believed that the Tennessee Valley
Authority could be interested, though, like other utilities, it would
have to conduct a lengthy MOX test to validate use of the fuel.
"The events around the loss of the Duke reactors should serve as a
red flag to other utilities that their participation in the troubled
plutonium program will be fraught with risks and obstacles," Clements
said.
Friends of the Earth and the Union of Concerned Scientists revealed
in August 2008 that a test of MOX fuel in Duke's Catawba-1 reactor had
failed due to abnormal fuel assembly performance and the that the "lead
test assemblies" (LTAs) were pulled from the reactor after only two of
the necessary three 18-month irradiation cycles. The failure of this
test, the groups claimed, left DOE without the required information
necessary to certify with the Nuclear Regulatory Commission the
performance of the fuel, being tested for the first time with weapons
plutonium.
It is unknown what impact the failed LTA test has had on Duke's
decision to withdraw from the MOX program but DOE's lack of
guaranteeing a reliable schedule for MOX delivery, due to the failed
MOX test and continuous delays in the project, have likely caused Duke
to reconsider use of the fuel. Such fuel made from high-quality weapons
plutonium has never been used before.
The test MOX fuel had been manufactured with U.S. weapons plutonium
shipped from the Los Alamos National Laboratory via Charleston, S.C. to
a now-closed French MOX plant (Cadarche), making a repeat of the
54-month irradiation test difficult. Irradiated fuel pins were
evidently removed from failed MOX test assembles stored in the Catawba
spent fuel pool and shipped to the Oak Ridge National Laboratory for
testing. Information on analysis of the test fuel is not available. No
matter which reactors use MOX, the test will have to be repeated for
three 18-month cycles, causing further uncertainty, delays, and cost
escalation.
Despite the lack of reactors to use the plutonium fuel, MOX Services
is continuing to use taxpayer dollars to construct a $5-billion factory
at the Savannah River Site (SRS) in South Carolina to make the fuel
from 34 metric tons of "surplus" weapons-grade plutonium.
On March 4, 2009, the Government Accountability Office (GAO) release
a report entitled Department of Energy: Contract and Project Management
Concerns at the National Nuclear Security Administration and Office of
Environmental Management (https://www.gao.gov/products/GAO-09-406T),
which underscores potential problems in reliably delivering MOX fuel to
a utility. Concerning the MOX plant at SRS, GAO stated that "the
project's schedule, in addition to other problems, does not adhere to a
key practice that is fundamental to having a sufficiently reliable
schedule-specifically, MFFF project staff have not conducted a risk
analysis on their current schedule using statistical techniques. ...
Consequently, NNSA cannot adequately state its level of confidence in
meeting the MFFF project's completion date, and NNSA's schedule for the
project therefore may not be reliable." Thus, utilities are nervous if
their need for a reliable schedule for fuel delivery can be met.
Friends of the Earth has also been informed by a DOE official that
DOE offered Duke conventional enriched uranium (LEU) fuel if it could
not meet a MOX delivery schedule but negotiations for that LEU fuel did
not produce positive results before the Duke MOX contract expired on
December 1.
Notes:
Duke Energy Corporation "Form 10-K" annual report filed with the SEC, Feb. 27, 2009
https://idea.sec.gov/Archives/edgar/data/1326160/000119312509041096/d10k.htm
"In 1999, Duke Energy Carolinas entered into a contract with Shaw
AREVA MOX Services (MOX Services; formerly Duke COGEMA Stone &
Webster, LLC) to purchase mixed-oxide fuel for use in the McGuire and
Catawba nuclear reactors. Under this contract, beginning in 2007, MOX
Services would fabricate batches of mixed-oxide fuel from stockpiles of
plutonium derived from surplus weapons at a facility under construction
at the U.S. Department of Energy (DOE) Savannah River site in Aiken,
South Carolina. Mixed oxide fuel is similar to conventional uranium
fuel. Following review and approval by the NRC, four MOX fuel lead
assemblies, fabricated in France, were irradiated for two fuel cycles
(approximately three years) in Unit 1 of the Catawba Nuclear Station.
In 2008, Duke Energy Carolinas and MOX Services engaged in discussions
to renegotiate the terms of the contract prior to its expiration on
December 1, 2008. The parties were unable to reach agreement and the
contract automatically terminated on December 1, 2008. Duke Energy
Carolinas has communicated to MOX Services that it continues to support
the objectives of the surplus weapons disposition program and is
interested in receiving a future proposal from MOX Services for the use
of MOX fuel." (page 14)
FOE-UCS news release on Failed MOX test in Dukes Catawba Reactor, August 4, 2008:
https://www.foe.org/nuclear-fuel-test-failure-raises-concerns
and
https://www.ucsusa.org/news/press_release/nuclear-fuel-test-failure-0140....
UCS-FOE 4-page Backgrounder of August 4, 2008 on Failed MOX Test in
Duke's Catawba Reactor - "AREVA Fuel Assembly Problems Doom DOE
Plutonium Fuel Test" - available on request
For Duke's June 10, 2008 report to the NRC, with first public
mention of failed MOX test, go to the NRC's ADAMS digital library and
search for "ML081650181" at www.nrc.gov/reading-rm/adams/web-based.html.
For an April 2008 AREVA presentation that discusses the abnormal
fuel assembly growth problem, go to NRC's ADAMS digital library and
search for "ML081300390."
Shaw Areva MOX Services October 18, 2008 solicitation "To All
Nuclear Utilities in the USA" for more reactors to use MOX available on
request.
Friends of the Earth fights for a more healthy and just world. Together we speak truth to power and expose those who endanger the health of people and the planet for corporate profit. We organize to build long-term political power and campaign to change the rules of our economic and political systems that create injustice and destroy nature.
(202) 783-7400LATEST NEWS
Grand Jury Indicts Top Trump Aides, 11 Arizona Republicans Over 'Fake Electors' Scheme
Had it succeeded, said the state's attorney general, the scheme would have "deprived Arizona's voters of their right to have their votes counted for their chosen president."
Apr 25, 2024
A grand jury in Arizona on Wednesday charged seven aides to Donald Trump and nearly a dozen Republican officials over a "fake electors" scheme in the state that aimed to keep the former president in power after his 2020 loss to President Joe Biden.
Trump, who is currently facing nearly 90 charges across four criminal cases as he runs for another White House term, was described as "unindicted co-conspirator 1" in the 58-page indictment, which was announced by Arizona Attorney General Kris Mayes.
"The people of Arizona elected President Biden," Mayes, a Democrat, said Wednesday. "Unwilling to accept this fact, the defendants charged by the state grand jury allegedly schemed to prevent the lawful transfer of the presidency. Whatever their reasoning was, the plot to violate the law must be answered for."
The indictment names former Arizona Republican Party Chair Kelli Ward, sitting state Republican Sens. Jake Hoffman and Anthony Kern, former U.S. Senate candidate Jim Lamon, and seven others as the "fake electors" who sought to declare Trump the rightful winner of the state's presidential contest.
The names of other individuals indicted by the state grand jury are redacted, but the document's descriptions make clear that former White House Chief of Staff Mark Meadows, former Trump attorney Rudy Giuliani, and top Trump legal strategist Boris Epshteyn are among those facing felony charges—including fraud, forgery, and conspiracy.
"In Arizona, defendants, unindicted coconspirators, and others pressured the three groups of election officials responsible for certifying election results to encourage them to change the election results," the document reads. "Discussions about using the Republican electors to change the outcome of the election began as early as November 4, 2020. Those plans evolved during
November based on memos drafted by [an attorney for the Trump campaign, Kenneth Chesebro]."
Mayes said Wednesday that had the fake elector scheme succeeded, it would have "deprived Arizona's voters of their right to have their votes counted for their chosen president."
"It effectively would have made their right to vote meaningless," said Mayes.
A state grand jury, made up of everyday, regular Arizonans, has handed down felony indictments in the ongoing investigation into the fake elector scheme in Arizona. pic.twitter.com/Nu8GcD4ZqJ
— AZ Attorney General Kris Mayes (@AZAGMayes) April 24, 2024
Alex Gulotta, state director of All Voting Is Local Action Arizona, said Wednesday that "the indictment of the eleven fake electors is one of the first steps required in holding these election deniers accountable for their alleged attempts to take power away from voters by disrupting our free and fair elections."
"Arizonans deserve to trust the election officials responsible for administering our elections and preserving our democracy," said Gulotta, "and this is a positive step forward as we continue to strengthen the foundations of our democracy and restore faith in our elections."
The Arizona Republicreported Wednesday that "several of the Arizona electors have previously claimed they were merely offering Congress a backup plan, though nothing in the documents they sent to Congress and the National Archives backs up that assertion."
"The indictment includes several statements the false electors made on social media that contradict those claims," the newspaper observed.
Jenny Guzman, director of Common Cause's Arizona program, said the indictment "marks the start of a new chapter for the fake elector scheme that has plagued Arizona."
"Arizonans are still dealing with the fallout from the false electors and the Big Lie about the 2020 elections," said Guzman. "We are relieved that the investigation by Attorney General Mayes has concluded and Arizonans can now know that what comes next is accountability. These efforts by these fake electors to undermine the will of Arizona’s voters have had implications far beyond their failed attempt to overthrow the 2020 election."
"This indictment can reassure all Arizonans that if anyone, regardless of their political affiliation, attempts to undermine their vote, consequences will follow," Guzman added.
Keep ReadingShow Less
Watchdog Urges FEC to Investigate Trump Campaign Over Scheme for Legal Fees
"By not disclosing the vendors that actually provided legal services, the Trump-affiliated committees effectively blocked the public from knowing which attorneys and firms are being paid—and how much."
Apr 24, 2024
A campaign finance watchdog on Wednesday filed a Federal Election Commission complaint accusing former President Donald Trump's 2024 campaign, affiliated political groups, and an accounting firm of violating U.S. law in a scheme "seemingly designed to obscure the true recipients of a noteworthy portion of Trump's legal bills."
The Washington, D.C.-based Campaign Legal Center (CLC) said that "evidence appears to show an illegal arrangement between several Trump-affiliated committees and a compliance firm named Red Curve Solutions that is designed to obscure the identities of those providing legal services and how much they are being paid."
"Voters have a right to know how the presidential campaigns and other committees supporting presidential candidates spend their money."
CLC alleges that the Trump campaign, Trump's political action committee (PAC) Save America, and three affiliated organizations "violated federal reporting requirements based on a scheme in which the committees reportedly paid over $7.2 million—described as 'reimbursement for legal' costs or expenses"—to Red Curve.
The watchdog also said that Red Curve appears to be "making or facilitating illegal contributions that violate either federal contribution limits or the prohibition on corporate contributions."
According to CLC:
Red Curve is a domestic limited liability company that offers compliance and FEC reporting services but does not appear to offer any legal services. It is managed by Bradley Crate, who also serves as the treasurer for each of the five Trump-affiliated committees concerned in this complaint, as well as over 200 other federal committees.
According to filings with the FEC, Red Curve appears to have been fronting legal costs for Trump since at least December 2022, with Trump-affiliated committees repaying the company later. This arrangement appears to violate FEC rules that require campaigns to disclose not only the entity being reimbursed (here, Red Curve) but also the underlying vendor. By not disclosing the vendors that actually provided legal services, the Trump-affiliated committees effectively blocked the public from knowing which attorneys and firms are being paid—and how much they are being paid—through this arrangement.
"Voters have a right to know how the presidential campaigns and other committees supporting presidential candidates spend their money," CLC senior director of campaign finance Erin Chlopak said in a statement. "When campaigns and committees obscure that information from the public, not only do they make it difficult to determine if the law has been violated, but they deny voters the ability to make an informed choice when casting a ballot."
"The steps taken by the Trump campaign, its affiliated committees, and Red Curve Solutions concealed information about how campaign funds were used to pay former President Trump's legal expenditures, including the amounts and ultimate recipients of these expenditures—and the FEC must investigate immediately," Chlopak added.
Trump—who is the presumptive 2024 GOP presidential nominee—faces 91 federal and state felony charges related to his role in the January 6 insurrection and his organization's business practices. He is currently on trial in New York for allegedly falsifying business records related to hush money payments to cover up sex scandals during the 2016 election cycle. The twice-impeached former president has been open about his use of campaign donations to pay his legal costs.
The new CLC filing comes a day after the watchdog filed separate FEC complaints urging investigations into a pair of Trump-affiliated "scam PACs," which "pretend to fundraise for major candidates or issues while secretly diverting almost all of their donors' money back into fundraising or the fraudsters' own pockets."
Keep ReadingShow Less
'One Step Closer': Arizona House Votes to Repeal 1864 Abortion Ban
"With a total ban still set to take effect June 8, the Arizona Abortion Access Act is needed now more than ever," one state campaigner said of a November ballot measure.
Apr 24, 2024
Three Republicans in the Arizona House of Representatives on Wednesday joined with Democrats to advance legislation that would repeal an 1864 ban on abortion—a development rights advocates welcomed while stressing that the fight is far from over.
The 32-28 vote on House Bill 2677—with GOP Reps. Tim Dunn (25), Matt Gress (4), and Justin Wilmeth (2) voting in favor—was the third attempt in as many weeks to pass repeal legislation since the Arizona Supreme Court upheld the ban.
"The state Senate could vote on the repeal as early as next Wednesday, after the bill comes on the floor for a 'third reading,' as is required under chamber rules," according toNBC News. Democratic Gov. Katie Hobbs on Wednesday toldThe Washington Post that "I am hopeful the Senate does the right thing and sends it to my desk so I can sign it."
Applauding the House passage of H.B. 2677, Planned Parenthood Advocates of Arizona president and CEO Angela Florez said that "today, Arizona is one step closer to repealing the state's Civil War-era total abortion ban. While the repeal still must pass the Senate, this is a major win for reproductive freedom."
"We must celebrate today's vote in support of abortion rights and harness our enthusiasm to spread the word and urge lawmakers in the Senate to support this necessary repeal bill," she continued. "Despite this step forward, Arizonans cannot stop fighting."
Florez noted that "even with the repeal of the Civil War-era ban, the state will still have a ban on abortion after 15 weeks of pregnancy that denies people access to critical care. And lawmakers continue to attack Arizonans' ability to access reproductive healthcare. Our right to control our bodies and lives is hanging on by a thread."
"Thankfully, voters will have the opportunity to take back control if the Arizona Abortion Access Act is on the ballot this November," she added. "Abortion bans are out-of-step with the will of Arizonans and will force pregnant people to leave their communities for essential healthcare. Planned Parenthood Advocates of Arizona will continue fighting to ensure everyone has the right to make decisions about their health and futures."
The Arizona Abortion Access Act is a proposed state constitutional amendment that would prevent many limits on abortions before fetal viability and safeguard access to care after viability to protect the life or physical or mental health of the patient.
The coalition supporting the amendment, Arizona for Abortion Access, highlighted on social media that the House-approved bill "did not include the emergency clause required to stop the 1864 ban from taking effect on June 8," meaning H.B. 2677 wouldn't apply until 90 days after the end of the legislative session.
Coalition campaign manager Cheryl Bruce said that "with a total ban still set to take effect June 8, the Arizona Abortion Access Act is needed now more than ever. We remain committed to taking these decisions out of the hands of extremist politicians."
Arizona is one of multiple states where rights advocates are promoting abortion rights ballot measures this cycle. Reproductive freedom is also dominating political races at all levels, including the presidential contest. Democratic President Joe Biden is set to face former Republican President Donald Trump in November.
"Donald Trump is responsible for Arizona's abortion ban. Women in the state are still living under a ban with no exceptions for rape or incest and have been stripped of the freedom to make their own healthcare decisions," said Julie Chávez Rodriguez, Biden and Vice President Kamala Harris' reelection campaign manager.
While the presumptive GOP nominee has tried to distance himself from the Arizona Supreme Court's reinstatement of a 160-year-old abortion ban, he has also campaigned on his three appointees to the U.S. Supreme Court who helped reverse Roe v. Wade.
"Trump brags that he is 'proudly' the person responsible for these bans and if he retakes power, the chaos and cruelty he has created will only get worse in all 50 states," Chávez Rodriguez said. "President Biden and Vice President Harris are the only candidates who will stop him."
Keep ReadingShow Less
Most Popular