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Judge wants reactor records
CASPER, Wyo. (AP) - In response to a lawsuit from watchdog groups, a federal judge in Wyoming has ordered the U.S. Department of Energy to let him review documents concerning the safety of a nuclear reactor in Idaho.
Judge William Downes of Casper this week ordered the DOE to provide an expert to help him review safety documents concerning the Advanced Test Reactor in Idaho. After the judge reviews them, he will determine whether to turn them over to the groups that requested them. The Advanced Test Reactor is one of three reactors at the 890-square-mile complex headquartered in Idaho Falls. Built in 1967, the reactor bombards materials with neutrons to speed the effects of radiation and reveal weaknesses that might develop in materials over time. The Energy Department last year launched a 10-year, $200 million program to extend the life of the 250-megawatt reactor to 2040. The decision followed a proposal to consolidate U.S. production of plutonium-238 for NASA and national security agencies.
Mark Sullivan, a Jackson lawyer, represents the groups Keep Yellowstone Nuclear Free and the Environmental Defense Institute in seeking reactor safety records. The same groups together with other plaintiffs also sued the DOE in federal court in Idaho last year opposing the federal plans to extend the life of the reactor. The groups claim the federal government failed to do required environmental analysis.
The DOE has released some documents to the groups in response to their records request and lawsuit in Wyoming. But the DOE has refused to release safety assessments of the reactor on security grounds. ''The easiest way to determine how to damage a reactor is to look at the safety envelope and accident analysis for the reactor, and then to determine the best way to bypass or defeat the engineered safeguards that can cause a small accident, and to make that small accident bigger,'' federal lawyers have stated in court papers. ''In other words, the (report), due to its safety analysis, contains everything a terrorist needs.''
In his ruling, Downes stated that he takes the threat of terrorism seriously. ''On September 11, 2001, much to our horror, this nation observed firsthand the very real possibility that our own engineering and technological achievements could be turned against us and used as weapons of mass destruction,'' Downes wrote. ''The court has no doubt that the threat of a terrorist attack aimed at this nation's nuclear facilities is a real one.''
But Downes also noted that blocking public access to information necessary to assess the safety of the reactor, ''runs the risk that government decisions to extend the life of the (reactor) will go unchecked, with the possibility of a devastating nuclear accident 100-miles from Yellowstone and Grand Teton National Parks, crown jewels of this country's national parks.'' Sullivan said he's pleased with Downes' ruling. ''We think that the judge has struck an appropriate balance between the national security concerns and the public's right to know what the consequences of a nuclear accident are at this particular reactor.''
It's possible that Downes will refuse to release the documents to the groups after he reviews them. But Sullivan said, ''We think it's an important step that the judge is going to perform his own review of these documents, and not just take the DOE's own word for it.'' Sullivan said Downes' ruling establishes that the government ''will not be allowed to hide behind terrorism concerns, and instead will have to disclose critical safety information.''
A federal attorney on the case didn't immediately return a telephone call seeking comment. Article RatingReader CommentsSubmit a CommentCommenting RulesWe encourage your feedback and dialog. All comments are subject to deletion by our Web staff.
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