Greenpeace's campaign to Stop Plutonium Terror

Kansai Electric begins loading MOX into
transport casks 21.6.2002. Copyright Kyodo.
Click for larger image and explanation of process.

Eleventh hour BNFL assurance halts Greenpeace Court action

20 June 2002

London - Greenpeace received eleventh hour assurances last night from British Nuclear Fuels Ltd. that made it unnecessary for the group to seek an injunction in the English High Court to prevent BNFL from taking irreversible steps that might prevent important safeguards, designed to protect the public, applying to loading of the faulty plutonium - MOX waste material onto a ship bound for the UK from Japan. Greenpeace wants to prevent BNFL from proceeding with its loading until a decision is made by the Environment Agency on whether the faulty MOX (mixed oxide material) should be legally classified as 'radioactive waste' and also to preserve the possibility of challenging any adverse decision in the Courts. [1]. The Agency launched a high priority investigation into the matter last week. If it decides the material should be regarded as radioactive waste, the shipment would be covered by Transfrontier Shipment of Radioactive Waste Regulations and, among other things, would only be able to sail with the permission of relevant nation states. Such permission may well not be forthcoming.

BNFL has told Greenpeace that they "do not anticipate that loading of the vessels or any irreversible steps towards transportation of the fuel will be taken by BNFL or PNTL within 48 hours of the Environment Agency advising of its view on the status of the MOX fuel. If this changes Greenpeace will be notified"…. and….. "Secondly, as a matter of fact, the preparatory steps which BNFL and PNTL are intending to take prior to loading the vessels are reversible".

Greenpeace campaigner, Pete Roche said: 'We're delighted that BNFL has told us it will not pre-empt any decision by the Environment Agency without giving us enough notice to do something about it."

Kansai Electric, the original customer for BNFL, had stated that loading of the mixed oxide waste into transportation flasks would begin on Friday. The BNFL assurance means that, if this goes ahead, it is reversible and that BNFL is not committed to transporting the faulty MOX to England, come what may.

The latest legal developments in the UK come as opposition continues to mount in the Pacific against Japanese and British plans for the plutonium shipment.

Earlier today, June 20th, a resolution was tabled in the Australian Senate
that called on the Australian Government to "expressely deny permission
to transport this shipment of mixed oxide plutonium nuclear fuel through
our region through the bilateral nuclear cooperation agreement,
‘Australia/Japan Nuclear Safeguard Agreement’, and (ii) conduct an
urgent public review of Australia’s bilateral nuclear cooperation
agreement with Japan."(2) The resolution will be debated and voted on
next week in the Senate.

Others opposing the transport include U.S. Congressional Representative Robert A. Underwood, from the Pacific Island of Guam. "Recognizing that this MOX can be diverted for nuclear weapons use, I remain especially concerned with the physical and security protection measures for this planned shipment and its traversing near Guam and through the Pacific in a post-September 11th environment," the Congressman wrote. "Such a shipment, without adequate and heightened security protections, threatens to compromise the environmental safety of the Pacific and may be harmful to U.S. national security interests."

In a June 11th letter to U.S. Secretary of State Colin Powell, Representative Underwood has called for assurances from Japan, the United Kingdom, and the United States that every precaution possible be taken, so the health and welfare of Pacific Islanders will not be jeopardized by a possible terrorist act or mishap at sea.(3) In addition to Guam, the Northern Marianas also condemned the shipment. "The government is concerned about the possible impact of this to the environment, and on any activity that may be related to terrorism," Lieutenant Governor Diego Benavente of the Northern Marianas stated June 19th.(4)

Countries on the planned route for the shipment are concerned over the lack of consultation, the vulnerability of the shipment to catastrophic accident, malicious acts and issues of liability and salvage in the event of accident. Security of the transport, including terrorist threats - already a major concern before the events of September 11th 2001 – have become even more pressing.

"This planned shipment is becoming an international pariah. These nations are expressing legitimate fears about this shipment. They should not be threatened by this deadly cargo any longer." said Shaun Burnie of Greenpeace International.

For further information:

Shaun Burnie - Greenpeace International - Japan - +81 90 2253 7306
Pete Roche - Greenpeace UK - +44 207 865 8229
Mhairi Dunlop - Greenpeace Communications in Japan - +81 3 5338 9800

Notes to editors:

(1) A key issue is whether BNFL has a specific use foreseen for the faulty fuel. There have been a number of statements by BNFL on this matter, not all of which Greenpeace has found easy to reconcile and Greenpeace looks forward to a clear statement of position by BNFL as a matter of public interest.

The Environment Agency (England and Wales) has not authorised the shipment of the material to the UK, in accordance with the Transfrontier Shipment of Radioactive Waste Regulations 1993 (as amended) ("the 1993 Regulations").
Prior approval of the United States must be obtained before there can be any transportation of uranium and plutonium which originated in the United States. Consent has been given, but on the express basis that the faulty MOX fuel is turned into fresh MOX for Japan.

(2) Tabled by Democrat Senator, Lyn Allison see: http://vic.democrats.org.au/lynallison

(3) For full statement by Rep. Underwood see:
http://www.house.gov/underwood/news-releases/02/0617020.html

(4) See, Pacific News, June 20th 2002, SAIPAN (Pacnews): http://www.guampdn.com

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Press Releases Archive Links	Kansai Electric begins loading MOX into transport casks 21.6.2002. Copyright Kyodo. Click for larger image and explanation of process. Eleventh hour BNFL assurance halts Greenpeace Court action 20 June 2002 London - Greenpeace received eleventh hour assurances last night from British Nuclear Fuels Ltd. that made it unnecessary for the group to seek an injunction in the English High Court to prevent BNFL from taking irreversible steps that might prevent important safeguards, designed to protect the public, applying to loading of the faulty plutonium - MOX waste material onto a ship bound for the UK from Japan. Greenpeace wants to prevent BNFL from proceeding with its loading until a decision is made by the Environment Agency on whether the faulty MOX (mixed oxide material) should be legally classified as 'radioactive waste' and also to preserve the possibility of challenging any adverse decision in the Courts. [1]. The Agency launched a high priority investigation into the matter last week. If it decides the material should be regarded as radioactive waste, the shipment would be covered by Transfrontier Shipment of Radioactive Waste Regulations and, among other things, would only be able to sail with the permission of relevant nation states. Such permission may well not be forthcoming. BNFL has told Greenpeace that they "do not anticipate that loading of the vessels or any irreversible steps towards transportation of the fuel will be taken by BNFL or PNTL within 48 hours of the Environment Agency advising of its view on the status of the MOX fuel. If this changes Greenpeace will be notified"…. and….. "Secondly, as a matter of fact, the preparatory steps which BNFL and PNTL are intending to take prior to loading the vessels are reversible". Greenpeace campaigner, Pete Roche said: 'We're delighted that BNFL has told us it will not pre-empt any decision by the Environment Agency without giving us enough notice to do something about it." Kansai Electric, the original customer for BNFL, had stated that loading of the mixed oxide waste into transportation flasks would begin on Friday. The BNFL assurance means that, if this goes ahead, it is reversible and that BNFL is not committed to transporting the faulty MOX to England, come what may. The latest legal developments in the UK come as opposition continues to mount in the Pacific against Japanese and British plans for the plutonium shipment. Earlier today, June 20th, a resolution was tabled in the Australian Senate that called on the Australian Government to "expressely deny permission to transport this shipment of mixed oxide plutonium nuclear fuel through our region through the bilateral nuclear cooperation agreement, ‘Australia/Japan Nuclear Safeguard Agreement’, and (ii) conduct an urgent public review of Australia’s bilateral nuclear cooperation agreement with Japan."(2) The resolution will be debated and voted on next week in the Senate. Others opposing the transport include U.S. Congressional Representative Robert A. Underwood, from the Pacific Island of Guam. "Recognizing that this MOX can be diverted for nuclear weapons use, I remain especially concerned with the physical and security protection measures for this planned shipment and its traversing near Guam and through the Pacific in a post-September 11th environment," the Congressman wrote. "Such a shipment, without adequate and heightened security protections, threatens to compromise the environmental safety of the Pacific and may be harmful to U.S. national security interests." In a June 11th letter to U.S. Secretary of State Colin Powell, Representative Underwood has called for assurances from Japan, the United Kingdom, and the United States that every precaution possible be taken, so the health and welfare of Pacific Islanders will not be jeopardized by a possible terrorist act or mishap at sea.(3) In addition to Guam, the Northern Marianas also condemned the shipment. "The government is concerned about the possible impact of this to the environment, and on any activity that may be related to terrorism," Lieutenant Governor Diego Benavente of the Northern Marianas stated June 19th.(4) Countries on the planned route for the shipment are concerned over the lack of consultation, the vulnerability of the shipment to catastrophic accident, malicious acts and issues of liability and salvage in the event of accident. Security of the transport, including terrorist threats - already a major concern before the events of September 11th 2001 – have become even more pressing. "This planned shipment is becoming an international pariah. These nations are expressing legitimate fears about this shipment. They should not be threatened by this deadly cargo any longer." said Shaun Burnie of Greenpeace International. For further information: Shaun Burnie - Greenpeace International - Japan - +81 90 2253 7306 Pete Roche - Greenpeace UK - +44 207 865 8229 Mhairi Dunlop - Greenpeace Communications in Japan - +81 3 5338 9800 Notes to editors: (1) A key issue is whether BNFL has a specific use foreseen for the faulty fuel. There have been a number of statements by BNFL on this matter, not all of which Greenpeace has found easy to reconcile and Greenpeace looks forward to a clear statement of position by BNFL as a matter of public interest. The Environment Agency (England and Wales) has not authorised the shipment of the material to the UK, in accordance with the Transfrontier Shipment of Radioactive Waste Regulations 1993 (as amended) ("the 1993 Regulations"). Prior approval of the United States must be obtained before there can be any transportation of uranium and plutonium which originated in the United States. Consent has been given, but on the express basis that the faulty MOX fuel is turned into fresh MOX for Japan. (2) Tabled by Democrat Senator, Lyn Allison see: http://vic.democrats.org.au/lynallison (3) For full statement by Rep. Underwood see: http://www.house.gov/underwood/news-releases/02/0617020.html (4) See, Pacific News, June 20th 2002, SAIPAN (Pacnews): http://www.guampdn.com Back