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. Greenpeace wants to prevent BNFL from taking irreversible steps that might prevent important safeguards, designed to protect the public, applying to the loading of faulty plutonium - MOX fuel 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 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.
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.
Over 50 countries in the Caribbean, Latin America and the South Pacific opposed the original shipment of the MOX fuel to Japan in 1999. The proposed return has generated even greater opposition. In the past month, Foreign Ministers in the Caribbean have issued a unanimous condemnation of the planned shipment, in particular citing security concerns and lack of consultation by the UK and Japan. They have demanded that it not use the Caribbean Sea route on its return from the Far East.
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".
"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.
Notes to editors:
- 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.
