Released : February 17 2010

In a victory for open government, Wyoming Federal District Court Judge William F. Downes has ordered the Department of Energy (“DOE”) to turn over some 1100 pages of documents evaluating the safety of the Advanced Test Reactor (“ATR”) at the Idaho National Laboratory.

(Jackson, WY) – In a victory for open government, Wyoming Federal District Court Judge William F. Downes has ordered the Department of Energy (“DOE”) to turn over some 1100 pages of documents evaluating the safety of the Advanced Test Reactor (“ATR”) at the Idaho National Laboratory. In a lawsuit filed by Keep Yellowstone Nuclear Free (“KYNF”), the Environmental Defense Institute, and David McCoy, nearly 4 years ago, Judge Downes yesterday rejected the DOE’s claims that it could withhold the documents and directed them to release the critical safety documents that KYNF has been seeking under the Freedom of Information Act within 10 days.

KYNF has been anxiously awaiting this decision because they maintain that the redacted documents contain the DOE’s assessment of the safety and consequences of an accident at the controversial ATR, the largest nuclear test reactor in the world. We believe the public has a right to be fully informed of the likelihood and consequences of an accident at the ATR. We’ve been seeking these documents since we began focusing on the safety of the ATR, and we are thrilled with this much anticipated ruling,” said Mary Woollen, Executive Director of KYNF. “I feel vindicated that the system of justice is working here in Wyoming, and that the decision of Judge Downes advances values important to our society: transparency and accountability in our government.” Woollen added.

Yesterday's order "reaffirmed" the Court's September 24, 2007 decision in this case. In that 2007 decision the Court rejected the DOE's arguments that the Documents could be withheld for security reasons. The Court, balancing the need for open government with the possible threat of a terrorist attack at INL, stated "blocking public access to information necessary to critically assess the ATR's safety runs the risk that government decisions to extend the life of the ATR will go unchecked, with the possibility of a devasting nuclear accident 100-miles from Yellowstone and Grand Teton National Parks, crown jewels of this country's national parks."

But, the Court stated, "in light of the weighty considerations...the Court believes it prudent to err on the side of caution." Thus, the Court ordered an "in camera" inspection of the documents. Judge Downes therefore met with DOE counsel and experts and reviewed the documents to determine whether redactions could be made, such as the exact location of certain systems or equipment, before the documents were released. Now, having completed that review, the Court has ordered that the documents be released.

“This decision protects both Greater Yellowstone, and the Nation’s core democratic values,” said Mark Sullivan, attorney for the Plaintiffs. “It’s no secret that there is a 40 year old nuclear reactor at INL and that it has major safety shortcomings. DOE’s own people have publicly stated that. We want to know more about what those safety shortcomings are, what risks they pose to surrounding communities and the environment, and now hopefully we can constructively embark upon this path,” said Sullivan.
“We fully expect that the full release of these documents will shine a bright light on many problems at the ATR relating to its age, wear, and inability to withstand a significant seismic event,” said KYNF Executive Director Mary Woollen.

Go to : Current News | Archived News