U.S. issues Divine Strake pledge

No test for 30 days after environmental findings

Published: Wednesday, Dec. 13 2006 12:00 a.m. MST

The federal government is pledging not to explode the "Divine Strake" explosive test until at least 30 days after a decision based on an environmental study.

Also, the government contends the test would kick up little dust off the Nevada Test Site, despite a previous federal prediction that it would create a towering mushroom cloud of dust.

The pledge comes in the form of Dec. 6 letter from a trial attorney for the U.S. Department of Justice. It was included in a Tuesday filing with the U.S. District Court in Las Vegas.

Divine Strake is planned by the Defense Treat Reduction Agency and the National Nuclear Security Administration for the Nevada Test Site. The non-nuclear detonation would set off 600 tons of fuel oil and ammonia nitrate.

Concerns that the deep-penetrating blast would release radioactive debris from previous nuclear tests were near the top of the list of concerns voiced by political experts, activists and ordinary people. Another complaint concerns dust pollution.

Many of those worried about the impacts in Utah.

Robert R. Hager, a Reno lawyer representing plaintiffs suing the federal government, filed a statement with the court Tuesday saying the agencies agreed not to set off the explosion for at least 30 days after the filing of any Finding of No Significant Environmental Impact (FONSI) statement.

A Dec. 5 letter by Caroline M. Blanco, attorney with the Department of Justice, part of the court filling, said a revised environmental study has not been issued.

After the study is finished, even if the federal agencies issue a FONSI and decide to conduct the test, "they have committed to not conduct the detonation of the proposed experiment until at least 30 days following issuance of a FONSI."

Hager informed the court that the promise "is in no way intended to be a rejection or refusal by the agencies to stipulate to 60 days prior notice as suggested by the court" on Nov. 2.

The court filing also included a Powerpoint presentation by federal officials to the Utah congressional delegation, dated Nov. 15, which stresses reasons the agencies want to conduct the test as well as assurances about its safety.

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