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GOVERNMENT IN COURT OVER SELLAFIELD PLUTONIUM PLANT

08 Nov 2001

GOVERNMENT FORCED TO DEFEND ITSELF IN HIGH COURT OVER SELLAFIELD PLUTONIUM PLANT

Friends of the Earth and Greenpeace argue plant is not economically viable
The Government goes to court today (10.30 am 8/11/01) to defend itself in a joint legal action by Greenpeace and Friends of the Earth to prevent the controversial new Sellafield plutonium plant from being opened. High Court Judge Mr Justice Collins will judicially review the Government's recent decision to allow British Nuclear Fuels Ltd (BNFL) to begin operation of the mixed plutonium and uranium oxide or 'MOX' fuel plant at Sellafield. The Irish Government has recently launched a separate legal challenge to the plant and Norway is also considering legal moves. (1)

Lawyers representing Friends of the Earth and Greenpeace will say that Government's decision is unlawful because state-owned BNFL cannot demonstrate an economic justification for the plant and there is insufficient evidence that potential customers, such as the Japanese, will materialise. Under EU law, the Government must be able to show -amongst other things - that the economic benefits of the plant outweigh the health and environmental detriments.

Friends of the Earth's Executive Director Charles Secrett said

“The Government has fiddled the figures to try and justify giving the go-ahead to this nuclear monstrosity. The MOX plant doesn't make economic or environmental sense. It should be consigned to the dustbin of history where it belongs. Instead of putting its weight behind outdated and expensive technology, the Government should champion the cause of safe, clean and green renewable energy.”

Greenpeace Executive Director Stephen Tindale said,

“The MOX plant is not only an environmental threat and a potential terrorist target but simply does not make business sense. Taxpayers will have to bear the brunt of any failure to secure customers for a nuclear fuel that is more expensive and dangerous to use than the alternatives. BNFL is already set to lose £260 million on the building costs of this plant alone - to waste any more public money would be frankly obscene.”

The MOX plant, completed in 1996, is intended to turn plutonium and uranium into usable fuel for overseas nuclear reactors but has not begun operations. The commercial go-ahead for the plant was withheld following both financial concerns, and a scandal in 1999 in which BNFL workers falsified safety data for the new MOX fuel pellets. BNFL's reputation was damaged world-wide, especially in Japan which was about to load a trial batch of the fuel into a reactor. Japanese utilities have so far refused to sign any MOX contracts with BNFL.

An assessment conducted for the Government this spring by consultants prior to its decision to give the go-ahead forecast that the MOX plant would earn £200 million. However, Friends of the Earth and Greenpeace lawyers will argue that as the cost of building the plant was £470 million, this would mean an overall financial loss. In addition,this predicted £200m income relies on customers that do not exist. BNFL only has contracts for less than 10% of the business it hopes to attract and the company has also promoted contracts as 'firm' that are far from definite (2). The lack of any Japanese contracts is striking because BNFL's Executive Director Norman Askew said in an interview last year that “Without Japanese orders we cannot justify opening the MOX plant.”(3)

Beyond the legal issues raised in the judicial review proceedings, Greenpeace and Friends of the Earth also believe that the Government's decision is dangerously irresponsible and could put terrorists closer to obtaining nuclear materials. The MOX plant will produce fuel for export, which will mean that the material will have to be transported in ships or even planes to reach its final destination. Not only is there a risk of an accident, which would be devastating for many of the small island states en-route, who are heavily dependent on tourism, agriculture and fishing, but there are also concerns over attacks on shipments.

Plutonium, which makes up part of the MOX fuel is one of the most dangerous materials in the world. As little as 4kg is required to make a nuclear bomb. Far less is required to make a 'dirty bomb' - conventional explosive added to plutonium so it causes widespread contamination on detonation. Sellafield itself may also be a terrorist target because of the large quantities of plutonium stored there.

Notes

1. The Irish Government is arguing that the MOX plant will breach international laws on sea pollution. Ireland will ask the International Law of the Sea Tribunal in Hamburg to order an immediate suspension of the plant's authorisation and international transports pending the Tribunal's decision. Norway is considering legal action. Norway already suffers radioactive pollution of its fish shellfish and lobsters. Both countries are also concerned about any potential terrorist threat.
2. BNFL described an agreement with a Swedish nuclear utility as a “contract” in a press release of 8th May 2001, yet the reactor in question doesn't even have Government authority to use MOX. The Government's own figures put contracts at only 11%. A “Head's of Agreement” with a German utility is also used to justify BNFL's claims that the MOX has a further 14% of business and is now at break even point, but these are not firm contracts.
3. Interview with the Guardian, 15th November 2001. Full quote: “Without Japanese order we cannot justify opening the MOX plant. We have no time to finesse this: we have until about next January or February (2001), otherwise we will have to abandon the project.”

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