NIX MOX BULLETIN BOARD
March 22, 2000
A LAPSE AT HOME COMES TO HAUNT A BRITISH EXPORT
New York Times
Wednesday, March 22, 2000
by Matthew L. Wald
WASHINGTON, March 21 -- From simmering tanks of high-level nuclear
waste in Washington State and plutonium laced with chemical poisons in
Idaho to production of radioactive gases in South Carolina, the federal
government's nuclear weapons program has festering technical and
environmental problems like no one else in the country.
With no easy way to solve them, the Energy Department has gone to
one of the few entities in the world with experience as broad as its
own: British Nuclear Fuels, part of the nuclear power and weapons agency
of the British government, now spun off as a government-owned company.
But as the British company now known as BNFL prepares to tackle the
American problems, an embarrassing lapse has emerged back home in its
core business, which is producing plutonium fuel. British government
inspectors reported in February that for months, employees who were
supposed to be performing a final measurement of fuel pellets bound for
Japanese reactors were instead copying numbers from previous shipments.
BNFL executives said workers felt the work was boring and a crew on the
night shift had apparently found it easier to falsify the numbers.
Concern over the company's business practices is now affecting its
contracts with the United States government. Energy Secretary Bill
Richardson, in a telephone interview from Algeria, where he is meeting
OPEC ministers, said he had ordered his department to send a team to
England to meet with British investigators. "We are now placing BNFL
under extra scrutiny because of these problems," he said. "I have been
uneasy about some of their operations in the U.S. If we uncover
anything, I will take swift and strong action."
He added, "Business as usual is over with BNFL and with all our
contractors, but especially with BNFL." The situation, Mr. Richardson
said, was "itching for stronger management review."
The company said the incident with the pellets was an isolated
problem. "We feel very badly about the pellets," said David R. Bonser, a
director of the government-owned company, and head of waste management
and decommissioning. He said it was a problem caused by "a handful of
people in one of the plants who did things they absolutely should not
have done."
Britain's nuclear installations inspection agency, however, rejected
that defense. "Although various individuals were at fault, a systematic
failure allowed it to happen," a report, published in February, said.
"In a plant with the proper safety culture, the events described in this
report could not have happened."
John J. Taylor, the company's chief executive, has resigned, but the
company's problems continue. Sellafield, the plant on the west coast of
England where the fuel was made, was never popular with neighbors: for
years it has dumped radioactive waste into the Irish Sea; English
anti-nuclear advocates and the Irish government would like it shut; and
the British government reported that pigeons in the area had become
radioactive from the plant's emissions. But now the problem is not just
with neighbors, but with customers.
Japan asked the British company to take back the fuel, although the
company insists that two automatic systems measured the pellets and
found their diameter to be within specifications. A German utility,
PreussenElektra A.G., shut a reactor running on the fuel that was not
properly measured, and asked for compensation; Germany also suspended
imports of additional fuel.
Well before its fuel problem at Sellafield, however, it was clear to
leaders of the British company that the future profitability of that
business was uncertain. As a result, they moved decisively into the
United States. With an American partner, the Morrison Knudson
Corporation, the company acquired many assets of the old Westinghouse
Corporation, which had been a major Energy Department contractor; it
also bid directly on Energy Department work at Oak Ridge, Tenn., and
Hanford, Wash. And it has hired several former Energy Department
officials, including one who approved giving a contract to BNFL without
making the company take part in a fully competitive bidding process.
The Hanford contract, which involves solidifying liquid nuclear
wastes in glass, is expected to take decades and cost tens of billions
of dollars. At Hanford, BNFL hired the Energy Department's former site
manager, one of four high-ranking Energy Department officials now on its
payroll.
Meanwhile, a coalition of American groups that has been pressing the
Energy Department for years to clean up its nation-wide archipelago of
weapons operations plans to file a petition with the department on
Thursday urging that BNFL be barred from government contracts, for lack
of integrity and competence. "We think clearly a case can be made, and
that the case is self-evident, that this is a company that does not
possess those qualities," said Thomas Carpenter, a lawyer with the
Government Accountability Project, in Seattle.
The problem is serious for the Energy Department, critics say,
because its track record on overseeing its contractors is particularly
poor. No evidence of wrongdoing has been found in BNFL's American
operations. But at Rocky Flats, near Denver, where a BNFL subsidiary
works in plutonium clean-up, a prior contractor committed five felony
violations of environmental laws with no apparent notice from the
department, which owned the plant. At Savannah River, where the company
is now involved with the plant that refuels hydrogen bombs with a
radioactive form of hydrogen gas, a prior contractor's list of 30
reactor accidents over the years came as a complete surprise to top
Energy Department officials.
Secretary Richardson has had the department put special emphasis on
improving its oversight, but in January of this year a report by its own
inspector general complained that at Hanford, where BNFL has been
selected for the largest environmental cleanup in the country, the
department lacked the personnel, plans and other management tools needed
to oversee the project. Without those plans, the inspector general
warned, "the Department may be unable to control, predict, explain, or
defend future changes to cost and schedule." The cost estimate is now
$47 billion, up from an estimate of $30 billion to $38 billion in 1996.
The company's portion would be $6.8 billion to $10 billion, by current
estimates. A decision on a contract is supposed to be made by August.
In addition, outside groups that have followed the Energy
Department's clean-up efforts for years now say that the company has
taken on other jobs for the department in areas in which it has no
special qualifications. For example, in Oak Ridge, the department has
enormous derelict factories that it formerly used to enrich uranium for
reactor and weapons fuel, and which it would like to release for private
industrial use. Forgoing bidding, the Energy Department gave BNFL a $238
million contract in 1997 based on the idea that it had done similar work
at Capenhurst, in England. The department relied on a contracting system
called "other than full and open competition."
The Energy Department reported to Congress that it wanted BNFL
because of "efficiencies in the approach to recycle and building
decontamination based on the company's successful experiences at
Capbenhurst." A key point for the Energy Department was the ability to
decontaminate tons of nickel, a valuable metal that was used in the
enrichment process.
But the company did not do that work at Capenhurst; the nickel there
is still contaminated. And the system it proposed to use for
decontamination of nickel at Oak Ridge is now the subject of a patent
dispute between its American inventor and the Energy Department. In a
suit brought by the Oil, Chemical and Atomic Workers International Union
against the plan, a federal district court judge in Washington described
the process as "entirely experimental." Because of uncertainty about
what standards should apply, the department has dropped plans, for now
at least, to sell the nickel on the open market.
The contracting officer for the Energy Department who approved
"other than full and open competition" later went to work for BNFL. So
did the former manager of the Hanford site, who is now an executive vice
president at an American subsidiary of the company, and so did the
former manager of the Energy Department's Idaho Engineering and
Environmental Laboratory, where BNFL won a contract to build an
incinerator for plutonium mixed with hazardous chemicals not far from
Yellowstone National Park.
"They're swallowing fairly important and influential executives
right and left," said Mr. Carpenter of the Government Accountability
Project. Energy Department officials said that none of the officials had
violated any conflict-of-interest rules.
BNFL's problems at Sellafield have produced ammunition for a group
opposed to the incinerator, Keep Yellowstone Nuclear Free, as they have
for other critics around the country.
"It is inconceivable," said Tom Patricelli, the group's executive
director, "that the United States government would allow a foreign
corporation surrounded by such scandal and turmoil to build a
first-of-its-kind incinerator on American soil, so close to the crown
jewel of our national park system."
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