Oak Ridge Reservation Local Oversight Committee, Inc.
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July 2003

In this issue:


From the Executive Director

Post 9/11 Security Actions
detrimental to Oak Ridge

By Susan Gawarecki

The Oak Ridge community has been affected by increased security activities by the local U.S. Department of Energy (DOE) installation. The fallout from the 9/11 terrorist attacks has had economic impacts on businesses, commuters, and the tourism industry, as well as interfering with its citizens' and regulators' ability to oversee cleanup activities on the Oak Ridge Reservation.

DOE has closed areas of the reservation that were previously freely accessible by the general public, most notably Bethel Valley Road, a major east-west thoroughfare that passes by Oak Ridge National Laboratory. As a result, numerous commuters were forced to lengthen their round trips by up to 28 miles. Businesses at the most affected city industrial park requested that DOE allow their employees to use the road. In response, a permit system was initiated. Unfortunately, this included the requirement that the employee sign an unreasonably restrictive liability disclaimer and release that holds harmless any agent of DOE or UT-Battelle, even in the event of an at-fault accident. Requests by company lawyers and the Chamber of Commerce to revise the waiver were rebuffed. The city is concerned that this requirement may discourage companies that want to locate or remain in Oak Ridge's Bethel Valley Industrial Park.

The closure of Bethel Valley Road has also meant that the public cannot visit the historic Graphite Reactor at will. This had been a destination attraction for a small but steady stream of tourists. The DOE now runs bus tours that include the Graphite Reactor, but the once-daily tour is operated only on weekdays, is limited to U.S. citizens, and is cancelled during orange alerts.

Another organization hurt economically by the increased security is the Southern Appalachian Railroad Museum (SARM). Prior to 9/11 SARM had been running a scenic train ride with historical equipment through the K-25 Gaseous Diffusion Plant site, now known as East Tennessee Technology Park (ETTP). The organization received a $600,000 state grant three years ago to build a museum at ETTP. Since 9/11, SARM's train has been prohibited from traversing the K-25 segment of its trip, severely curtailing ridership, which was primarily driven by interest in the historic facilities. Consequently construction of the museum at ETTP has also been called into question and the grant money is in jeopardy. In late March 2003, DOE promised to restore access, but no action has been taken to date.

Security actions have also led to conflict with the public's right to know about cleanup of hazardous and radioactive sites on the Oak Ridge Reservation. All publications, even those previously distributed, now must be reviewed prior to being released to a member of the public. Information deemed potentially useful to terrorists has been removed or degraded, especially maps, even including maps of inaccessible capped waste burial grounds. Maps of ETTP, which no longer has a federal mission, have had identifying building numbers removed. The ETTP site has been designated for reindustrialization, so many of these buildings now house private businesses and others are being marketed by the Community Reuse Organization of East Tennessee.

Documents formerly in the public domain, such as the annual Remediation Effectiveness Report, have been released with Official Use Only (OUO) designation and are no longer available to the general public. To complicate matters, state and federal regulators have determined that they cannot adequately protect OUO documents, so they will not keep them on their premises. This impairs the ability of the Tennessee Department of Environment and Conservation and Environmental Protection Agency Region 4 to provide adequate oversight of DOE's environmental efforts.

The unintended consequences of security actions in the wake of 9/11 could have been avoided by thoughtful application of targeted protections. DOE should work with local governments and stakeholder representatives to identify community information needs and determine what information can reasonably be released to meet those needs without compromising security. The LOC appealed for common-sense revisions to the security policy in January of 2003. DOE has not yet responded to our requests to discuss the restrictions and negotiate accommodations for the needs of the community.

A version of this editorial appeared in the June 2003 Energy Communities Alliance Bulletin.

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McCracken is back

Steve McCracken has returned to Oak Ridge as the new Assistant Manager for Environmental Management (EM). During his many years "wandering in the wilderness" of the DOE complex, he gained experience in site closure as project manager for the remedial action at Weldon Springs and director of the closure at Fernald. This is perfect training for what is likely to be the challenge of his career-implementing the Accelerated Cleanup Plan while reconciling conflicting desires between the Oak Ridge community and DOE Headquarters.

The LOC has already written to McCracken to welcome him back to his hometown and request his attention to stewardship issues. The May 30, 2003, letter states: "In order to initiate a long-term stewardship system, the LOC requests that Oak Ridge Operations EM Program begin to implement the recommendations detailed in Volume 2, Section 3.2 [of the Stakeholder Report on Stewardship]. This section details the stewardship information requirements related to regulatory obligations, site management actions, land use controls, and public education. The recommendations in Section 3.2.1 should not be costly to implement; however, they require that EM activities be performed with consistent attention to planning for stewardship and undertaking stewardship requirements."

A second letter sent by the CAP on June 13, 2003, expressed concern that DOE was significantly modifying its EM management and integration contract with Bechtel Jacobs. Noting that the initial request for proposal for the contract had been extensively reviewed by stakeholders, the letter requested that the public be allowed to provide input to DOE on aspects of the proposed new contract that are important to the community. The letter cited the LOC position statement:

Private-sector inducement clauses to offset DOE downsizing and facility closures and to allow diversification of the regional economic base should be included in all major DOE contracts.

Other hot issues likely to end up on McCracken's plate include:

  • Security censorship of EM documents (see From the Executive Director);
  • Historic preservation of the K-25 building;
  • Postponement of cleanup projects due to DOE's inability to dispose of remote-handled transuranic waste; and
  • Capacity, waste acceptance criteria and design of EM's waste management facility.

These are certainly challenges for both DOE and its stakeholders, but Steve McCracken has a reputation for listening to and working closely with local communities. The LOC and CAP are looking forward to a productive and mutually beneficial working relationship as DOE continues to address its difficult contamination problems.

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Citizen Stakeholder

By Jo Ann Thompson, Ed.D.

To be an Oak Ridger is a challenge, and whatever one's politics, it's never dull. As citizens of a young city, we cope with issues of image, aging housing, and rising property taxes. As stakeholders, though, our legacy is rich. We hold shares in a 34,235-acre asset over which DOE is steward-the Oak Ridge Reservation. This land, the reservation, has become, over time, a regional and national treasure described as a green jewel in a sea of urban and agricultural development. However, citizen stakeholders may lack awareness of the reservation's irreplaceable assets. The need for national security has restricted public access and limited firsthand knowledge of its resources.

Beyond security fences and gated roads lie 20,000 acres of undisturbed reservation land, set aside 60 years ago as buffer areas between the city of Oak Ridge and the facilities of Y-12, X-10 and K-25. Today, its deep forest, cedar barrens, wetlands, miles of shoreline, and rare plant and animal species remain in their natural state-a living laboratory for environmental research. Remnants from the past at the Freels family homestead or the old community of Wheat are reminders of other stakeholders awarded $50 an acre for their land and two weeks in which to leave it.

The future of reservation land, particularly undisturbed buffer areas, is uncertain except for the reindustrialization of ETTP and the accelerated cleanup of contaminated areas. DOE, in response to changing goals and reduced budgets, may seek to divest itself of land it determines to be excess. Such releases are controversial. On assessments of public preferences, DOE found the public in support of preserving the reservation in its natural state with little to no residential or commercial development. The city of Oak Ridge and the Community Reuse Organization of East Tennessee prefer development and continue to request the release of land for industrial, commercial and residential development.

Public input is integral to DOE's land use planning process, community relations, and the wise use of reservation land. The true value of a stakeholder's share is, after all, the right it confers to speak out and the obligation it places on the steward to listen.

Jo Ann Thompson is a CAP member. She has a doctorate in education and is a certified bird rehabilitator. This editorial originally appeared in the Oak Ridger on December 18, 2002.

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Hot Flashes

LOC Board news

The LOC welcomes its newest Board members and alternates. Alma Jones is the new County Executive for Morgan County, the first woman to hold that position. The new Anderson County alternate is Brian Jenks, the county's new stormwater coordinator.

The new LOC Chair is Leonard Abbatiello and Barbara Sonnenburg continues as Vice Chair; both were elected at the March 27, 2003, meeting.

CAP news

The newest members of the LOC CAP are Jackie Wagoner of Oakdale, Larry McNamara of Oak Ridge, and Roy Martin of Lake City.

A recent bylaws change now opens CAP membership to people who work in the LOC's seven-county region even though they may live outside the area.

CAP officers elected at the January 14, 2003, meeting were Norman Mulvenon, continuing as CAP Chair, and Al Skyberg, new Vice Chair.

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Alphabet Soup

(Initials and acronyms to make this newsletter and other DOE-related documents easier to read)

CAP = LOC Citizens' Advisory Panel
CAP = LOC Citizens' Advisory Panel
DOE = U.S. Department of Energy
EM = Environmental Management
ETTP = East Tennessee Technology Park (formerly the K-25 Site)
LOC = Local Oversight Committee, Inc.
OUO = Official Use Only
SARM = Southern Appalachian Railroad Museum
UT = University of Tennessee

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