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Legal action over Los Alamos failure to complete radioactive trash cleanup

justiceFlag-USANuclear Watch to sue over LANL cleanup problems  By Mark Oswald / Journal Staff Writer January 21st, 2016   Albuquerque Journal SANTA FE – Nuclear Watch New Mexico on Wednesday put the federal Department of Energy and the private contractor that manages Los Alamos National Laboratory on official notice that it will file suit over the lab’s failure to meet cleanup goals established in a legally binding 2005 consent order.

The notice mailed Wednesday notes the lab missed a December final deadline for completion of Los Alamos clean-up work and hasn’t asked for an extension of the now-expired schedule that was set a decade ago.

That makes DOE and Los Alamos National Security LLC (LANS), the lab’s private manager, liable for civil penalties and subject to injunction, says the notice by attorney Jonathan Block of the New Mexico Environmental Law Center.

“We are putting the weaponeers on notice that they have to clean up their radioactive and toxic mess first before making another one for a nuclear weapons stockpile that is already bloated far beyond what we need,” said Jay Coghlan, executive director of Nuke Watch, a nonprofit watchdog group. He was referring to DOE’s recent preliminary approvals for changes at Los Alamos, including new underground facilities, to accommodate re-starting production of plutonium “pits,” the triggers for nuclear weapons……..

The Environment Department has plans to revise the 2005 cleanup consent order with DOE and LANS, a private consortium that includes Bechtel and the University of California.

The order was a result of the Environment Department’s 2002 finding that decades worth of radioactive and hazardous waste at Los Alamos posed an “imminent” threat to health and the environment. The state issued an order requiring LANL to investigate its 40-square-mile property for waste. DOE and the lab argued their own cleanup schedule was better and sued.

The 2005 consent deal ending the dispute laid out milestones toward “fence-to-fence” cleanup by 2015, enforceable by financial penalties. But getting enough funding for the work – federal dollars have been mostly in the range of $185 million to $200 million annually – became increasingly difficult, and it was clear in recent years that the lab would come nowhere near meeting deadlines set in the 2005 document. In November, state Environment Secretary Ryan Flynn said he believes it will cost much more than DOE’s own $1.2 billion estimate to finish the job.

Nuke Watch’s Coghlan said Wednesday that cleanup at Los Alamos “continues to be delayed, delayed, delayed,” despite plans to spend a trillion dollars over 30 years to rebuild the U.S. nuclear weapons force……..

Nuke Watch also has been pushing for a formal public hearing process – which Nuke Watch contends is required and allows interested parties to submit materials and question witnesses – as a revised consent order on cleanup is developed. Flynn has said that would cause delays and promised opportunities for public comment instead in other settings, such as meetings of a citizens advisory board.

Flynn also has insisted that before a new consent order is negotiated, DOE must come to final agreement with the state over plans for $73.5 million that the federal agency agreed to pay for a radioactive leak that has shut down the nation’s nuclear waste repository near Carlsbad. Two years ago, a waste drum from LANL, improperly packed, breached at the Waste Isolation Pilot Plant and contaminated the storage facility. http://www.abqjournal.com/709455/news/nuke-watch-files-suit-over-missed-clean-up-deadlines-at-los-alamos.html

January 23, 2016 Posted by | Legal, USA | Leave a comment

Nuclear reactor Legal struggle continues between AREVA and Finland’s TVO

judge-1Areva, TVO have month to settle nuclear reactor claims-minister http://af.reuters.com/article/commoditiesNews/idAFL8N154366 PARIS Jan 20 (Reuters)  French nuclear reactor maker Areva and Finnish customer Teollisuuden Voima (TVO) will try to settle mutual claims over a long-delayed nuclear reactor within a month, French Economy Minister Emmanuel Macron said on Wednesday.

“I had the chance at the start of the week to speak to (Finnish Economy Minister) Olli Rehn, and we gave ourselves a month to let the companies and shareholders find the conditions for an agreement or way out,” Macron said on the sidelines of a New Year event.

Finnish utility TVO and an Areva-led consortium with Siemens are claiming billions of euros from one another in an arbitration suit over cost overruns and delays to the EPR reactor Areva is building in Olkiluoto, in Finland, for TVO.

The unsettled claims are holding up a planned takeover of Areva’s reactor arm by French utility EDF, which does not want to be responsible for them.

TVO has a 2.6 billion euro ($2.8 billion) claim against the Areva-Siemens consortium at the International Chamber of Commerce’s (ICC) arbitration court, while Areva-Siemens have a 3.4 billion euro counter-claim.

While the French state – which owns 85 percent of EDF and 87 percent of Areva – has a big stake in a speedy resolution of the Olkiluoto claims, TVO is a private company and the Finnish government’s position so far has been not to intervene.

TVO’s owners include paper companies UPM and Stora Enso as well as utility Fortum. (Reporting by Michel Rose and Yann Le Guernigou; Writing by Geert De Clercq; Editing by James Regan and Susan Thomas)

January 22, 2016 Posted by | Finland, France, Legal | Leave a comment

Legal obstacle to South Africa’s nuclear energy plan

justiceflag-S.AfricaEnergy department faces legal ordeal on nuclear energy deal, Business Day Live, South Africa BY CAROL PATON, 11 JANUARY 2016 THE CURIOUS DEVELOPMENTS ON GOVERNMENT’S NUCLEAR ENERGY PROCUREMENT PROGRAMME LAST MONTH HAVE SUNK THE DEPARTMENT OF ENERGY DEEPER INTO A LEGAL MESS.

Already, an attempt to challenge the legality and constitutionality of the process has been lodged: Earthlife and the Southern African Faith Communities Environmental Initiative (Safcei) filed papers to oppose it in October.

Now, the muddled events that unfolded last month are likely to make matters worse, making an already controversial process even more contested.

It all began in the last Cabinet meeting of the year on December 7, when it took a decision to issue a request for proposals (RFP) to build 9,600MW of nuclear power-generation.

As important as it is, this decision was not communicated in the normal post-Cabinet media statement by Minister in the Presidency Jeff Radebe.

Official confirmation took place only on December 21 in a government gazette. Like the absence of an official announcement, the gazette, too, was strange. Apart from the fact that it was issued on December 21, when the holiday season was under way, the gazette made use of a two-year-old signature by previous minister Ben Martins to establish its legal basis.

In order to call for proposals for new generation, the minister of energy must first make an official determination in terms of the Electricity Regulation Act of 2006. To do so, she must obtain the concurrence of the National Energy Regulator of SA (Nersa). This, it seems, was done two years ago by Mr Martins and the paperwork then lay in a file in the Department of Energy for the next two years.

Last month, the old document was retrieved and slapped into the government gazette.

There are several reasons why the Department of Energy decided to use an old document to make the determination rather than getting a fresh one from serving Energy Minister Tina Joemat-Pettersson. None of them, though, will make the nuclear deal any smoother……..

key to the legal arguments will be the difference of opinion over whether public consultation to build nuclear power stations has taken place. The department says that it has as it consulted widely over the IRP 2010 and has also engaged in environmental impact assessments. Safcei and Earthlife disagree that this amounts to meaningful consultation.

It is also worth noting that an RFP is only the beginning of the shopping process and does not mean that a decision to build plants has been taken. Reaching a decision on whether nuclear energy is affordable, particularly on the scale that SA has in mind, is a bigger and more difficult decision that the Cabinet will still have to take.

Getting there, though, will mean first navigating the procedural legal hurdles along the way. http://www.bdlive.co.za/business/energy/2016/01/11/energy-department-faces-legal-ordeal-on-nuclear-energy-deal

January 11, 2016 Posted by | Legal, South Africa | Leave a comment

Hope for nuclear disarmament – the Marshall Islands legal case

David-&-GoliathSay hello to the Marshall Islands, the tiny, heroic island nation in Micronesia, with a population just over 70,000.  This former U.S. territory, which still bears the terrible scars of 67 above-ground nuclear blasts between 1946 and 1958, when this country used it as an expendable nuclear test site, has engaged the United States — and, indeed, all nine nations that possess nuclear weapons — in lawsuits demanding that they comply with the 1968 Nuclear Non-Proliferation Treaty and begin the process of negotiating global nuclear disarmament.

Taking on the Nuclear Goliath http://www.counterpunch.org/2016/01/08/taking-on-the-nuclear-goliath/ by ROBERT KOEHLER

“Just as we stood for freedom in the 20th century, we must stand together for the right of people everywhere to live free from fear in the 21st century. And . . . as the only nuclear power to have used a nuclear weapon, the United States has a moral responsibility to act. We cannot succeed in this endeavor alone, but we can lead it, we can start it.

“So today, I state clearly and with conviction America’s commitment to seek the peace and security of a world without nuclear weapons.”

Uh…

These words, the core of President Obama’s first major foreign policy speech, delivered in Prague in April 2009, now resonate with nothing so much as toxic irony — these pretty words, these words of false hope, which disappeared into Washington’s military-industrial consensus and failed to materialize into action or policy.

James Carroll, writing at Mother Jones in 2013, describes what happened in the wake of this extraordinary policy declaration:

“In order to get the votes of Senate Republicans to ratify the START treaty, Obama made what turned out to be a devil’s bargain. He agreed to lay the groundwork for a vast ‘modernization’ of the US nuclear arsenal, which, in the name of updating an aged system, is already morphing into a full-blown reinvention of the arms cache at an estimated future cost of more than a trillion dollars. In the process, the Navy wants, and may get 12 new strategic submarines; the Air Force wants, and may get a new long-range strike bomber force. Bombers and submarines would, of course, both be outfitted with next-generation missiles, and we’d be off to the races. The arms races.”

And the cause of global nuclear disarmament, once a dream with geopolitical cred, may wind up entombed in eternal apathy. Continue reading

January 8, 2016 Posted by | 2 WORLD, Legal, OCEANIA, weapons and war | Leave a comment

Litany of health problems in US sailors exposed to Fukushima nuclear radiation

the plaintiffs have suffered a litany of health problems including cancer, tumors, brain defects, birth defects, early death and a wide variety of undiagnosed conditions. These are “very serious illnesses for a very large population of very young people

Even though it cannot be legally liable, the Defense Department seems to have been actively obstructing the sailors’ quest for justice.

justiceFlag-USAFukushima radiation causes debilitating deformities in US Navy sailors Thursday, December 31, 2015 by: David Gutierrez, staff writer (NaturalNews) U.S. Navy sailors and Marines dispatched to provide aid to Japan following the massive earthquake and tsunami in 2011 are now suffering a variety of rare and undiagnosed health problems, including many involving horrifying and visible changes to their bodies.

After the tsunami, the U.S. Navy’s 7th Fleet, led by the USS Ronald Reagan, was diverted to the coast of Japan to provide relief work. The soldiers were not told that the disaster had triggered multiple meltdowns at the Fukushima Daiichi nuclear power plant, or that a radioactive plume was spreading across the Pacific Ocean.

Aviation Bosun’s Mate Dagan Honda and Aviation Structural Mechanic Ron Wright say they spent all day nearly every day of the mission on the deck of the Reagan, loading supplies. For roughly the first week of the mission, the sailors were given no radiation protection.

“So these sailors literally were marinating in radioactive particles,” said Attorney Charles Bonner, who is representing more than 200 sailors and Marines in a class action lawsuit against Fukushima operator Tokyo Electric Power Company (TEPCO) and several other defendants. Continue reading

January 1, 2016 Posted by | Legal, USA | Leave a comment

Marshall Islands continues the fight for nuclear disarmament, with lawsuitagainst US govt

David-&-GoliathMarshall Islands fights back in nuclear lawsuit  http://www.radionz.co.nz/international/pacific-news/292690/marshall-islands-fights-back-in-nuclear-lawsuit The Marshall Islands has pulled up the US government over its interpretation of treaty law in a continuing David and Goliath legal battle over nuclear disarmament.

The two sides have been submitting their briefs for the appeal by the Marshall Islands against a US federal judge’s decision to throw out the case.

The Marshall Islands says the US government lawyers have broadly misstated the law surrounding treaty disputes as it pushes ahead with its so-called Nuclear Zero lawsuit.

The country, which was used as a testing ground for the US’ nuclear programme in the forties and fifties, launched action last year to get the world’s nuclear powers to honour their promise to disarm under the Nuclear Non Proliferation Treaty.

But the case against the US was thrown out in February on constitutional grounds. In its appeal brief the Marshall Islands says the US courts do have the power to oversee disputes over international treaties saying no law elevates the president’s authority to make a treaty above the judiciary’s power to decide disputes.

It also argued it can bring the suit because the US has violated its treaty negotiations and because of the measurable increased danger it faces.

The government contends even if a foreign state was able to sue in US courts, it can’t challenge the president’s foreign affairs responsibilities.

The Marshalls’ Foreign Minister Tony de Brum earlier said the Marshall Islands would use every legal avenue to make sure the lawsuit is won in his lifetime.

The Court of Appeals for the Ninth Circuit will now appoint a three-judge panel to consider the briefs.

December 24, 2015 Posted by | Legal, OCEANIA | Leave a comment

Fukui governor intends to consent to nuclear power restart, but court injunction still holds

Fukui governor to give consent for nuclear plant restart   Japan Today, DEC. 21, 2015 – FUKUI —

Fukui Gov Issei Nishikawa will soon give his consent for the restart of two nuclear reactors in the prefecture on the Sea of Japan coast, sources close to the matter said Sunday, as the central government seeks to bring more reactors back online after the 2011 Fukushima nuclear crisis.

The governor will visit the site of the Nos. 3 and 4 reactors at Kansai Electric Power Co’s Takahama plant on Monday to check safety measures before expressing his consent, they said. The governor’s consent is necessary to restart the reactors…….

In the talks, Hayashi said the central government will tackle issues such as nuclear accidents and decommissioning “with responsibility.” The minister also said the government plans to hold symposiums and other events across Japan to gain public support for the restart of nuclear reactors.

Nishikawa welcomed such measures by the central government and said he will make a decision that would “win the trust of the residents of the prefecture.”…..

However, a court injunction in April has banned Kansai Electric from reactivating the Takahama units over safety concerns. The Fukui District Court will make a decision Thursday on an objection filed by the utility over the injunction. http://www.japantoday.com/category/national/view/fukui-governor-to-give-consent-for-nuclear-plant-restart

December 23, 2015 Posted by | Japan, Legal | Leave a comment

USA’s Nuclear Plant Vogtle in more trouble, more delay and facing a legal challenge

thumbs-downFlag-USAMore delays for Plant Vogtle, Savannah Morning News December 11, 2015 By WALTER C. JONES ATLANTA — Work to add two nuclear reactors to Plant Vogtle is growing further behind schedule, according to experts hired by state regulators to monitor construction who testified Thursday.

William Jacobs, a nuclear engineer who has managed the construction and startup of seven reactors, testified at a hearing before the Public Service Commission that efforts to catch up haven’t been successful. Instead, the commission consultant said delays have gotten worse despite assurances from Georgia Power executives…….

The hearing is part of the commission’s review of the money spent every six months, which totaled $148 million in the period between January and June……

The anti-nuclear group’s spokeswoman, Glenn Carroll, testified that Georgia Power’s existing power plants only operate at 58 percent capacity and demand hasn’t grown by the 4 percent annually the company predicted when it planed Vogtle’s expansion……

Another group trying to halt construction is taking a different approach. The Blue Ridge Environmental Defense League announced Thursday it had filed a petition with the U.S. Nuclear Regulatory Commission along with the Concerned Citizens of Shell Bluff accusing the electric utilities that own Plant Vogtle of seeking construction shortcuts that would harm workers and nearby residents……http://savannahnow.com/news/2015-12-11/more-delays-vogtle#

December 12, 2015 Posted by | Legal, USA | Leave a comment

Monju fast breeder reactor – a failure that’s damaging France’s and Japan’s nuclear industry

French and Japanese nuclear fuel cycle may be affected by failures at Monju Enformable ,08 Dec 2015 Residents of Fukui Prefecture in Japan have announced that they will file a lawsuit with the Nuclear Regulation Authority (NRA) to permanently shutdown the Monju fast breeder reactor.

fast-breeder-Monju

A breeder reactor generates more fuel than it consumes.  The Monju reactor was not only supposed to process the nuclear waste generated at the operating nuclear reactors, but was also supposed to provide fuel for future reactors.  The facility has never lived up to its lofty expectations.  Japan has spent nearly 10 trillion Yen on the facility, and in return the Monju reactor has been kept offline for most of the past 19 years due to a massive leak, repeated failures, safety problems and organizational issues.

The resident lawsuit claims that the Japan Atomic Energy Agency (JAEA), operator of the Monju facility, is not qualified to handle operating the facility……

The lawsuit by the citizens could also impact France’s Advanced Sodium Technological Reactor for Industrial Demonstration (ASTRID) fast-breeder reactor project.  Japan and France have agreed to work together to research, develop, and promote fast breeder reactors.  France was supposed to use the Monju reactor to test fuel for the ASTRID project, which uses the same concepts – but since the facility is banned from operations and testing with no established date for coming back online and the volatility around whether or not the facility should operate at all and who should operate it continues unabated – France may be forced to scrap its plans to incorporate the Monju facility.

Monju Fast Breeder Reactor Timeline…. http://enformable.com/2015/12/french-and-japanese-nuclear-fuel-cycle-may-be-affected-by-failures-at-monju/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+Enformable+%28Enformable%29

 

December 11, 2015 Posted by | Japan, Legal | Leave a comment

Liability and compensation issues for a nuclear India

India-protestIndia unprepared: what happens in case of a nuclear Bhopal?, Catch News, KUMAR SUNDARAM@pksundaram 4 December 2015

“……..On the issue of liability and compensation, the government has shown scant regard to potential victims. Safeguarding the foreign suppliers from any liability has been a paramount concern.

Nothing could be more absurd and ironic than the fact that since the inception of the Civil Liability for Nuclear Damage Act 2010, the government has been busy finding a way to address the concerns of the foreign suppliers, who want complete indemnification.

The clause 17(b), holding suppliers liable, albeit with severe limitations, was introduced under parliamentary and civil society pressure by a reluctant Manmohan Singh. But the Modi governmentt has dumped the earlier BJP position on nuclear liability, and tried to create an insurance pool to channel the liability back to the exchequer, thus undermining the law.

In the light of India’s vulnerability on the above three counts, the 31st anniversary of the Bhopal Gas Tragedy should be a moment to recognise that, in general, our administrative and political system can only be relied on to be totally inefficient and unaccountable.

As with Bhopal, in the case of a nuclear accident, the government would be unable to provide any relief for victims, especially as the main victims would be adivasis and villagers far away from the public gaze.

Irreversible and wide-ranging consequences……… http://www.catchnews.com/india-news/india-unprepared-what-happens-in-case-of-a-nuclear-bhopal-1449243696.html

December 6, 2015 Posted by | India, Legal, safety | Leave a comment

European Commission in-depth investigation into Hungarian investment support for Paks II nuclear power

flag-EUState Aid: Commission opens in-depth investigation into Hungarian investment support for Paks II nuclear power plant http://europa.eu/rapid/press-release_IP-15-6140_en.htm Brussels, 23 November 2015

The European Commission has opened an in-depth state aid investigation into Hungary’s plans to provide financing for the construction of two new nuclear reactors in Paks.

The Commission will in particular assess whether a private investor would have financed the project on similar terms or whether Hungary’s investment constitutes state aid. If the project is found to involve state aid, the Commission will investigate whether as planned it would lead to distortions of competition in particular on the Hungarian energy market. Continue reading

November 25, 2015 Posted by | EUROPE, Legal | Leave a comment

Legal challenge to UK’s Hinkley nuclear plan is joined by Luxembourg

justiceLuxembourg joins Hinkley C nuclear challenge http://www.theecologist.org/News/news_round_up/2986352/luxembourg_joins_hinkley_c_nuclear_challenge.html Oliver Tickell 20th November 2015  Luxembourg will join Austria’s legal challenge to the UK’s support package for the Hinkley C nuclear power station. Meanwhile EDF has laid off 65 engineers working on the project in Paris, and the EU Commission has initiated proceedings against Hungary over its Paks II nuclear project with Rosatom.

The Luxembourg government will join Austria’s legal challenge to the €108 billion Hinkley C subsidy package at the European Court of Justice.

The low-key announcement was released yesterday in Austria’s Parliament, just days before the deadline for other states to join is due to expire on Monday.

“They will not make a huge fuss about it as they do not want angry phone calls from Downing Street”, commented Adam Pawloff, anti-nuclear spokesman for Greenpeace Austria, who has been working closely with Luxembourg colleagues on the issue.

But he said that the move was an important one whose significance should not be underestimated: “In terms of foreign policy and EU solidarity it is quite a statement for one member state to follow up a legal challenge against another and the fact we are seeing further member states joining shows there is a growing front against nuclear power in Europe.

“It is sending a message to all countries involved in building new nuclear power plants that nuclear is not sustainable – environmentally, economically or socially. We are talking about substantial amounts of state aid are going into this nuclear project at a time when nuclear is in normal circumstances not financeable.

“The support of the action by Luxembourg is a major setback for the nuclear lobby. And it sends an important message to governments, nuclear developers and the Commission as well which approved the package. You cannot allow this kind of heavily subsidised market-distorting nuclear development anywhere in Europe without expecting legal challenges by multiple states.”

Speaking in July after Austria launched its legal challenge, Luxembourg Environment Minister Carole Dieschbourg told the Duchy’s parliament: “Further massive sums of public money cannot put into an unsafe and unprofitable technology that will wreck the market price for renewable energy … If we take our anti-nuclear policy seriously, then we must join this lawsuit.”

Commission acts against Hungary nuclear state aid

In a simultaneous move this week, the Commission has taken the first steps in state aid and public procurement infringement proceedings against Hungary over its planned Paks II nuclear plant a little over 100km from the border with Austria.

The €12.5 billion Paks II plant is to be built by Russia’s Rosatom backed by a €10 billion loan from Russia leaving €2.5 billion invested directly by the Hungarian government. Under a deal agreed in January 2014, construction of two VVER-1200 reactors each of 1.2GW was due to begin in 2015 but this is currently scheduled for 2018.

One reason for the Commission’s action is that the project did not go to public tender, in violation of EU public procurement rules. In addition, says Pawloff, Hungary has been slow and obstructive in its dealings with the Commission, keeping it waiting for over a year before delivering key documents. “It’s a highly opaque and bizarre case”, he comments.

The Commission’s is proceedings against Hungary may also have a bearing on the Hinkley C case. The Hinkley package was approved in October 2014 in the dying days of the Barroso Commission in what was seen as a highly politicised decision which went against the advice of officials.

And one of the main points at issue in Hungary – the lack of any open and competitive tender process – also applies to Hinkley C, which was simply offered to the French parastatal EDF. And while the Paks II power plant is due to deliver power at €55 per megawatt hour, Hinkley C will cost about twice as much, £92.50 in 2012 pounds.

The move against Hungary therefore indicates that the Juncker Commission may not be unduly diligent in its defence of the Hinkley C support package when the case comes before the European Court – something that must be causing serious concern in the strongly pro-nuclear UK government.

Hinkley C prospects fade

Pawloff added that other states might also join the challenge to Hinkley C before the Monday deadline. It is no secret that Germany and Sweden, countries that are now in the process of decommissioning their nuclear power legacy and building up renewable energy, are unhappy with the European Commission’s decision to approve the UK’s state aid for Hinkley C.

Opposition to the Hinkley C deal was also voiced this week by Boris Johnson, Mayor of London and a likely future Conservative prime minister who branded the deal as “a disgrace” under questioning by Green Assembly member Jenny Jones.

“I’m totally with you on that one”, he said. “If you ask do I think the deal on nuclear power looks like good value for money at whatever it is £95 per kilowatt hour for 30 years, it just looks like an extraordinary amount of money to spend.”

And in what may have been a deliberate jibe aimed at Energy Secretary Amber Rudd and Chancellor George Osborne – who have slashed support for all forms of renewable energy and solar in particular – he added: “On renewables, which does not include nuclear because its not renewable, on other renewables, solar is very exciting and its great that the costs are coming down.”

A month ago UK Prime Minister David Cameron signed a deal with the Chinese President Xi Jinping for the China General Nuclear Power Corporation (CGN) to pay £6 billion for a 33.5% share in the troubled Hinkley C project. However EDF, which currently owns 100% of NNB Generation Company which will take the project forward, has still made no final investment decision, and indications are that it will not be taken until well into 2016.

Meanwhile works on the Hinkley C site have ground to a complete halt – and The Ecologisthas been reliably informed that a team of 65 nuclear engineers working on the project with EDF in Paris has been laid off – with the detailed technical specifications they have been working on for years left unfinished.

November 21, 2015 Posted by | EUROPE, Legal | Leave a comment

European regulators start legal action against Hungary’s Paks nuclear power project

justiceflag-EUEU starts legal action over Hungary nuclear project, Reuters,  By Barbara Lewis and Gergely Szakac BRUSSELS/BUDAPEST, Nov 19  2015 European Union regulators started legal action against Hungary on Thursday over a contract it awarded to Russia’s Rosatom to expand the Paks nuclear power plant, but Hungary said it would press ahead with its plans.

The EU’s executive Commission has been holding talks to try to resolve differences after Hungary chose Rosatom last year to build two new nuclear reactors, partly financed by a favourably priced Russian loan worth 10 billion euros ($10.7 billion).

“The Commission raised concerns about the compatibility with the EU public procurement rules,” Commission spokeswoman Lucia Caudet told reporters following the announcement of formal infringement proceedings……

Lengthy infringement procedures can lead to action in the European Union’s highest courts in Luxembourg which have the power to hand out fines……..Apart from the alleged breach of public procurement rules, the Commission also has concerns the Paks plant would be overly dependent on Russia.
Read more at Reutershttp://www.reuters.com/article/2015/11/19/hungary-nuclear-eu-idUSL8N13E2NS20151119#gVWtC2IlMCXIeFxc.99

November 20, 2015 Posted by | EUROPE, Legal | Leave a comment

European Commission calls on Hungary to halt procurements for Paks nuclear expansion

Commission to call off procurements for Hungary’s Paks nuclear expansion, Portfolio
November 17, 2015,  
The European Commission found that Hungarian authorities failed to comply with European Union public procurement rules when they awarded a project for the expansion of the Paks nuclear power plant to Russia’s Rosatom directly, without a tender, BruxInfo reported on Tuesday. The portal has learned that the EC will on Thursday send a letter of formal notice to Budapest, calling on the cabinet to suspend all ongoing and planned supply operations related to the Paks 2 project.

The cabinet will be given two months to reply and the EU executive will decide in view of the comments whether it accepts the reply or takes the case to the next stage.

The next stage is a reasoned opinion which is sent when the country in questions does not reply or the reply is unsatisfactory. In this case the Commission states reasons why it believes the Member State has breached EU law.

Considering the seriousness of the suspected non-compliance with EU law, the Commission is expected to call on Budapest to suspend any and all ongoing procurement procedures related to the Paks 2 project and refrain from signing new contracts to this end.

The Commission did not confirm or deny the report. The EC will announce new developments ininfringement procedures on Thursday and the Paks dossier may be part of that package.

Read more about the EUR 12.5 billion NPP expansion projects and the problems it has been facing at the links below. ………http://www.portfolio.hu/en/economy/commission_to_call_off_procurements_for_hungarys_paks_nuclear_expansion.30486.html

November 18, 2015 Posted by | EUROPE, Legal | Leave a comment

Nuclear veterans plea for compensation at French Polynesia Court of Appeal

justiceFrench Polynesia court hears nuclear test victims case http://www.radionz.co.nz/international/pacific-news/289755/french-polynesia-court-hears-nuclear-test-victims-caseThe Court of Appeal in French Polynesia has heard the case of two former nuclear test workers who claim they experienced health problems after being exposed to radiation from French nuclear weapons testing at Mururoa. The case has been subject to a number of appeals since the case was brought in 2009.

The head of the nuclear test veterans organisation Mururoa e tatou, Roland Oldham, says the process for the veterans has been very slow, and one the workers involved in the case has died.

He says he is confident the case will be found in favour of the victims.

“Because the Centre of Atomic Energy didn’t bring up any new proof. It is just the strategy of the French government as usual, to drag on and drag on and drag on and drag on. Because in between as I say, one of the workers is dead. The other one is still alive, but just.”

Roland Oldham says the Court of Appeal is expected to deliver its verdict in February.

He says of 900 workers who have been affected by nuclear testing, only 16 have been compensated.

November 16, 2015 Posted by | Legal, OCEANIA | Leave a comment