CASE NUMBER: 422
CASE MNEMONIC: UKNUKE
CASE NAME: UK Nuclear Processing
Japan Plutonium
Ural Mt. Radiation 4. Draft Author: Melissa Krupa, May 1997
B. LEGAL CLUSTER
5. Discourse and Status: Agreed and In Progress
Long before plans to construct the new Thorp reprocessing plant at Sellafield were announced, BNFL had been taken to British High Court by specific groups for nuclear-related reasons. For instance, Sellafield was under fire for cases in which employees or their children were diagnosed with cancer, or for other potential environmental hazards. Yet, the British government, and specifically British ministers, granted Thorp's authorization and subsequently, issued an operating license for the plant to begin work in January 1994. Even after this authorization, environmentally aware organizations such as Greenpeace and Lancashire County Council questioned the decision and took the case to court again. A high court judge ruled that the British government did not act "illegally or irrationally in approving the Thorp nuclear reprocessing plant at Sellafield.(20)" Moreover, the judge re-stated that the original ministers who approved the authorization took all relevant issues into account. Greenpeace and others still argue that the courts should have ordered a public inquiry into the matter (21).
Recently, Greenpeace attempted to discredit the plant and to delay shipping operations. For example, In 1996, Greenpeace was ordered to pay BNFL $115,000 "for being in breach of a court injunction preventing Greenpeace from interfering with BNFL" operations overseas(22). Likewise, there are cases of contaminated Shellfish in the norther Irish Sea where the Sellafield plant is responsible for disposing of nuclear waste.
In most cases, Sellafield has been supported by the British government. However, if BNFL becomes more privatized, as indicated in at least once source, then government support may decline to some extent. Also, as Thorp continues to import nuclear fuel on an international scale, reprocess it, and then export the vitrified waste overseas, there may be more cases arising.
6. Forum and Scope: UK and Unilateral
7. Decision Breadth: 1
8. Legal Standing: Law
The British government approved measures for operation of the Thorp reprocessing plant at Sellafield. Moreover, when the ruling was disputed a second time, UK High Court judges ascertained that the British government did not act illegally or irrationally in approving Thorp's operations.
C. GEOGRAPHIC CLUSTERS
9. Geographic Locations:
Geographic Domain: Europe
Geographic Site: Northwest Europe
Geographic Impact: United Kingdom
While the Thorp reprocessing plant is located in Western Europe, it imports nuclear fuel from overseas partners; one of the largest of which is Japan. After reprocessing, the nuclear waste is then shipped back to the country of origin in a glass form, resulting from a process known as vitrification. Also, it is worth considering what would happen if nuclear materials were diverted while en route between countries, or if there was a shipping accident. BNFL and the International Atomic Energy Agency (IAEA) both have emergency procedures outlined in the event of an accident, such as twenty-four hour policing services and sonar radar measurements of the ocean floor. The containers utilized for shipping the nuclear fuel must meet specific safety requirements. Fortunately, there has not been an emergency yet. Areas in Europe surrounding the nuclear facilities, such as the Scottish Sea, where nuclear waste has been disposed of, are also impacted. Most importantly, there are cases of the negative impact that the operations at the facilities may have on humans residing in nearby towns.
10. Sub-national Factors: No
11. Type of Habitat: Temperate
D. TRADE CLUSTERS
12. Type of Measure:
Import Standards
Under international standards, a license is required in most cases in order to transfer nuclear materials across borders. At times, countries already have arrangements in place that allow for the shipment of nuclear material without an export license.
13. Direct vs. Indirect Impact: Direct
It is through reprocessing nuclear fuel that energy is created. There is also a slight indirect impact, in that nuclear waste could potentially have a negative impact on the environment and on human health within the trading borders.
14. Relation of Measure to Impact:
Directly Related to Product: YES - Nuclear Energy
Indirectly Related to Product: NO
Not Related to the product: NO
Related to the Process: YES - Radioactive
15. Trade Product Identification: Nuclear Fuel
The end product in this case is nuclear energy which was gained through reprocessing. Nuclear Waste, in the form of a glass, is also an end product. However, approximately only 3% of the fuel used in reprocessing becomes nuclear waste.
16. Economic Data:
In 1995 alone, BNFL was named the fastest growing UK exporter by the Financial Times annual exporter survey(23). This was amazing growth since the other fastest growing industries were in the car, computing. and telecommunications business. BNFL Chairman John Guiness related that seventy-five per cent of BNFL profits should derive from overseas earnings(24). Moreover, the company recently opened international nuclear markets in both Beijing and Tokyo. In fact, BNFL has a long-standing well- established relationship with Japanese nuclear industry.
The significantly new operations at BNFL's Thorp plant, including its MOX reprocessing activities, generated nine-billion dollars of orders stretching over the next fourteen years(25). Reprocessing offers a viable and logical alternative to mining, which will hopefully maintain uranium prices(26). "Many countries have already decided to utilize reprocessing as part of long-term policies (27)."
Interestingly, one source indicates that BNFL is gradually becoming more independent and moving away from government assistance. The demands set in place by the competitive international market are the same factors leading BNFL towards privatization (28). BNFL's mission in the past had been to "offer jobs to the community and be technically perfect as a scientific type of firm;" whereas now, BNFL's mission is to "ensure that nuclear electricity in the UK is competitive with other sources of electricity, and also to become internationally competitive.(29)"
17. Degree of Competitive Impact: High
The nuclear industry is a highly competitive, international market, and is continuously growing. For numerous reasons, nuclear power is viewed as an effective source of energy for the future. Thorp's new MOX plant is highly profitable and efficient, and it will continue to import nuclear fuel for reprocessing as long as the company is successfully operating.
18. Industry Sector: Utility
19. Exporter and Importer: Japan and UK
E. ENVIRONMENTAL CLUSTER
20. Environmental Problem Type: Radioactivity
21. Species Information:
Name: Various, ranging from shellfish living in contaminated waters, to humans living in contaminated radioactive environments.
Type: Various
IUCN Status: RARE; however, humans exposed to large doses of radioactivity over a long period of time are likely to acquire serious health problems, such as cancer.
22. Impact and Effect: HIGH and Structured
23. Urgency and Lifetime: HIGH and 100s of Years
Although there is not a threat of extinction because of the reprocessing activities, there are serious environmental and health impacts to be considered. If radioactive waste builds up in rivers and streams, it can contaminate shellfish to a high degree. Also, there are cases of cancer in areas where humans are exposed to a fair amount of radiation over the course of many years. This is the m>
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facilities. While reprocessing only produces 3% nuclear waste, (and 97% energy), the waste still must be maintained with a sense of urgency for environmental and health purposes.24. SUBSTITUTE: Biodegradable Products
F. OTHER FACTORS:
25. Culture: No
26. Human Rights: YES
In the past, cases have risen suggesting that exposure to radioactivity could cause cancer (leukemia) in children and in employees working at nuclear facilities plant who are exposed to radiation over a period of time.
27. Trans-Border: YES
28. Relevant Literature:
All information acquired from the Thorp Brochure was taken off BNFL's Webpage regarding the Thorp and Sellafield plants, or other related issues. All information from that particular Website was taken from the Thorp Brochure, 1996, courtesy of BNFL, Thorp. Theses articles and press releases included:
-"BNFL Hot Issues," 14 January 1997, Press Statement
-"BNFL Tops in Export Growth," Press Release 12th October, 1995.
-"A Brief History of Thorp."
-"Discharges, Environmental Annual Report 1994 - Site Reports."
-"Greenpeace Ordered to Pay Damages to BNFL by French Court, Press Release 13th June, 1996."
-"Health and Safety and the Environment."
-"Nuclear Energy, Advantages and Disadvantages."
-"Shipments of Nuclear Materials Between Europe and Japan, Media Brief -4th December 1996."
-"Reprocessing."
-"UK Government Minister opens BNFL's new Tokyo Office, Press Release 4th October 1995."
-"Waste Management Policy."
Denny Arthur, "The Case for Reprocessing," in Frank Barnaby's Plutonium and Security, The Military Aspects of the plutonium economy,,(New York: St. Martins Press, 1992), pp. 10-16.
Eavis, Paul "The Case Against Reprocessing,"in Frank Barnaby's Plutonium and Security, The Military Aspects of the plutonium economy,,(New York: St. Martins Press, 1992), pp. 17-28.
"Cancer excess near UK nuclear site confirmed," The Lancet, vol. 347, April 6, 1996, p. 964.
"Gorleben is the centre of anti-nuclear campaigning," The Financial Times Limited, Power Europe, July 15, 1994. no page provided. Level 1-3 of 10.
Magill, S M, Sellafield's Cancer-Link controversy, The Politics of Anxiety, (Great Britain: Page Bros (Norwich) Limited, 1987),198 pp.
"The Nuclear Industry of Japan and Germany welcome British Decision," Environmental Science and Technology, vol. 28, No.2, 1994. p. 56 A.
Salama, Alzira, Privatization: Implications for Corporate Culture Change, (Avebury, England: Ashgate Publishing Limited, 1995) 165 pp.
"Thorp go-ahead," New Scientist, 1994.
1. U.S. Department of Energy, Nuclear Terms Handbook,1996.
2. British Nuclear Fuels PLC, Report on Reprocessing, BNFl Website, p.1.
3. "Reprocessing," Taken from, The Thorp Brochure,Courtsey of BNFL Thorp., 1996, (BNFL Website)
. 4. "A Brief History of Thorp," Taken from The Thorp Brochure,Courtsey of BNFL Thorp., 1996, (BNFL Website)
. 5. International Section, Environmental Science and Technology,vol.28,no.2, 1994, pg.56.
6. Press Release 4th October, 1995, "UK Government Minister opens BNFL's new Tokyo office," Taken from The Thorp Brochure,Courtsey of BNFL Thorp., 1996, (BNFL Website)
. 7. "Gorleben is the Center of anti-nuclear campaigning," The financial Times Limited, Power Europe, July 15, 1994, (no page provided).
8. Denny, Arthur, "The Case for Reprocessing," in Frank Barnaby's Plutonium and Security, The Military Aspects of the Plutonium Economy, (New York: St. Martin's Press, 1992), pp 10-16.
9. Ibid.
10. Media Brief-4 December 1996, "Shipments of Nuclear material Between Europe and Japan," Taken from The Thorp Brochure,Courtsey of BNFL Thorp., 1996, (BNFL Website)
. 11. Ibid.
12. Ibid.
13. S.M. Macgill, Sellafield's cancer-link controversy, the politics of anxiety,( Great Britain: Page Bros (Norwich) Ltd., 1987) pp.198.
Eavis, Paul, " The Case Against Reprocessing," in Frank Barnaby's Plutonium and Security, The Military Aspects of the plutonium Economy, (New York: St. Martin's Press, 1992), pp 17-28. 14. Ibid.
15. Ibid.
16. Ibid.
17. Taken from sella.htm, p1.
18. Brown, Paul, "Sellafield shellfish radioactivity soars," in The Guardian, 12 December 1996, p.1
19. Ibid.
20. "Thorp go-ahead," New Scientist, 1994.
21. Ibid.
22. Press Release 13th June 1996,Greenpeace Ordered to pay Damages to BNFL by French Court," courtesy of BNFL Thorp, 1995, (BNFL Website).
23. Press Release 12th October, 1995, "BNFL Tops in Exports," Tken from The Thorp Brochure,courtesy of BNFL Thorp, 1995 (BNFl Website).
24. Ibid.
25. Ibid.
26. "Reprocessing," Thorp Brocure1996 (BNFL Website).
27. Ibid.
28. Alzira Salama, "British Nuclear Fuels Ltd (BNFL) Case Study, Privitization: Implications for Corporate Culture Change,(Avebury, England: Ashgate Publishing Ltd., 1995) pp.41-54.
29. Ibid.