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SECRECY SHROUDS ACCIDENT AT NUCLEAR PLANT

Matthew L. Wald - The New York Times 05/07/07

Washington - A factory that makes uranium fuel for nuclear reactors had a spill so bad that it kept the plant closed for seven months last year and became one of only three incidents in all of 2006 serious enough for the Nuclear Regulatory Commission to include in an annual report to Congress. After an investigation, the commission changed the terms of the factory's license and said that the public had 20 days to request a hearing on the changes.

But no member of the public ever did. In fact, no member of the public could find out about the changes. The document describing them, including the notice of hearing rights for anyone who felt adversely affected, was stamped "official use only," meaning that it was not publicly accessible. "Official use only" is a category below "Secret" and, while documents in that category are not technically classified, they are kept from the public.

The agency would not even have told Congress which factory was involved were it not for the efforts of one of the five commissioners, Gregory B. Jaczko, who named the company, Nuclear Fuel Services, of Erwin, Tenn., in a memo that became part of the public record. His memo said that other public documents would allow an informed person to deduce that the factory belonged to Nuclear Fuel Services. Such secrecy by the Nuclear Regulatory Commission is now coming under attack by influential members of Congress who complain that the agency is withholding numerous documents about the country's nuclear facilities in the name of national security, but that many withheld documents are not sensitive. The lawmakers say the agency must move to balance its penchant for secrecy with the public's right to participate in the licensing process and its right to know about potential hazards.

Additional details of the 2006 incident are coming to light now because of a letter sent on Tuesday to the nuclear agency by the House Energy and Commerce Committee. The committee chairman, Representative John D. Dingell, and the chairman of the oversight subcommittee, Representative Bart Stupak, both Democrats from Michigan, complained that the N.R.C. "went far beyond" the need to protect sensitive security information by keeping documents about Nuclear Fuel Services, a private company, from the public. The agency, the congressmen complained, "has removed hundreds of otherwise innocuous documents relating to the N.F.S. plant from public view."

Mr. Jaczko, in a telephone interview, said, "ultimately, we regulate on behalf of the public, and it's important for them to have a role." He said that he believed other information about Nuclear Fuel Services that should be public had been marked "official use only."

With a resurgence of nuclear plant construction expected after a 30-year halt, agency officials say frequently that they are trying to strike a balance between winning public confidence by regulating openly, and protecting sensitive information. A commission spokesman, Scott Burnell, said that the designation as "official use only" was now under review.

As laid out by the commission's report to Congress and other sources, the event at the Nuclear Fuel Service factory was discovered when a supervisor saw a yellow liquid dribbling under a door and into a hallway. Workers had previously described a yellow liquid in a "glove box," a sealed container with gloves built into the sides to allow a technician to manipulate objects inside, but managers had decided that it was ordinary uranium.

In fact, it was highly enriched uranium that had been declared surplus from the weapons inventory of the Energy Department and sent to the plant to be diluted to a strength appropriate for a civilian reactor. The factory is under contract to prepare such uranium for the Tennessee Valley Authority.

In a puddle, the uranium is not particularly hazardous, but if it formed a more spherical shape, according to the commission, it could become a "critical mass," a quantity of nuclear fuel sufficient to sustain a chain reaction, in this case outside a reactor. According to the letter sent by the lawmakers, the puddle, containing about nine gallons, reached to within four feet of an elevator pit. The letter from the congressmen says the agency's report suggests "that it was merely a matter of luck that a criticality accident did not occur."

If the material had gone critical, "it is likely that at least one worker would have received an exposure high enough to cause acute health effects or death," the commission said. A spokesman for the company, Tony Treadway, said the elevator was better described as a dumbwaiter, meaning it was far smaller than a passenger elevator.

Almost anywhere else, the commission would have disclosed the details. But in 2004, according to the committee's letter, the Office of Naval Reactors, part of the Energy Department, reached an agreement with the Nuclear Regulatory Commission that any correspondence with Nuclear Fuel Services would be marked "official use only." The plant processes high-enriched uranium for Navy submarine propulsion reactors.

The memorandum that declared such correspondence to be "official use only" was itself designated "official use only."

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