Blogiversary VII: The FISA-ing

The main ingredient, un-7-up'd. (photo: Craig Duncan via Wikipedia)

The main ingredient, un-7-up’d. (photo: Craig Duncan via Wikipedia)

December 30, 2005–a day that will live in infamy.

Well, for me, anyway. (And maybe a few of you.) For it was on that day–seven years ago, today–that all of this began. . . all of this blogging thing.

No, not for everybody–this is about me!

A callow newbie to some, a grizzled vet to others, as of today, I have been in the blogging game for seven years, and so, in keeping with the tradition established by my original blog–guy2K: a journal of politics, popular culture, and mixed drinks–I give you a themed cocktail:

The Seven & Seven

Pour 2 oz. Seagram’s Seven Crown Whiskey into a highball glass; fill with ice.

Top with about 7 oz. 7-Up; stir lightly.

Garnish with a lemon slice.

I know, that seems pretty humdrum for this age of the artisanal cocktail. Whiskey and soda pop, how high school! But not only is it so seventh anniversary appropriate–so seven nice they seven’d it twice–it is also special for another reason. It is perhaps the most branded cocktail recipe I know. Sure, you could mix Jeremiah Weed and Bubble Up, and it might taste pretty darn similar, but what the hell are you going to call it? The Weed & Bubble?

That does not sound good.

And the Seven & Seven is not just a good drink for my seventh blogiversary (yes, I used to spell it “blogaversary,” but this seems to now be an actual thing, and the spelling with the “i” now seems to be the preferred one)–it being all seven-ie and all–the Seven & Seven’s specificity makes it a very appropriate cocktail for this last weekend of the year for a more, shall we say, “all inclusive” reason.

Friday morning, while some were distracted by Washington’s self-inflicted fiscal clusterfuck, and most were distracted by things that had nothing at all to do with Washington, the US Senate passed a five-year extension to the FISA Amendments Act (FAA)–the oversight-deficient warrantless surveillance program started by the George W. Bush administration. The vote was 73 to 23.

During my first few blogging years, I wrote a lot about the domestic surveillance, FISA (+here) and the Bush administration’s wholesale disregard for the Fourth Amendment. In 2007 and 2008, I hit these topics often, especially as Congress moved forward with the Protect America Act (PAA) and the original FAA, which were supposed to be ways for freshly installed Democratic majorities to expose and rein-in the Bush-Cheney surveillance state.

What actually happened–and you can watch this unfold across my old posts–was, of course, something else. Democrats, either out of expedience, cowardice or naked self-interest, wound up passing a law that went a long way toward legalizing what Bush’s bunch had only hoped to get away with in secret. And not to be missed in that pre-election-year and election-year dog and pony were the positions of certain Senate members who aspired to replace George W. Bush. Most notably, those of the guy that grabbed that brass ring: Barack Obama.

Senator Barack Obama (D-IL) made much of his public opposition to much of what the Bush administration had been doing surveillance-wise in the name of fighting terror (more on that in a moment), he opposed retroactive immunity for telecoms (a key feature of the act) and said he would support a filibuster of the bill threatened by one of his early rivals for the presidential nomination, Chris Dodd (D-CT). But when proverbial push came to proverbial shove a few months later, the distinguished gentleman from Illinois not only failed to push any meaningful changes to the FAA that might have restored some of the rule of law, he actually helped break the filibuster of the bill. Then Obama voted in favor of the nasty new act.

Such an obvious stiff-arm was this to a group of Democrats Obama hoped to have in his camp come election time, that, if my memory serves, he pretty immediately came out with a video (was it on YouTube? I think so. Anyway, here’s the text of his statement) where he said he of course had many problems with the blah blah blah, but because the tools were essential in the fight against terror blah blah blah, he would vote for it now, then work to fix it should he become president. . . blah. . . blah. . . blah.

Fast forward five years–that’s the equivalent of FIVE blog years–and you find a President Barack Obama that has not worked to fix it, but has arguably worked very hard to expand the abilities of the national security apparatus to spy on United States citizens. And on Friday, with the help of the Democratic leadership of the Democrat-controlled Senate, the president worked to beat back each and every amendment to the FAA extension–many of which were proposed by Democrats–that would have tried to if not fix the FISA, at least provide some access to some of the broad outlines of what has been done to Americans by the American government, in the hopes that this bit of sunshine could lead to better oversight.

Why the need for a “clean” bill RIGHT NOW!?!?!

Well, the GOP-controlled House passed this version way back in September, and what with the law sunsetting on December 31, there just wouldn’t be time now to send amendments to any kind of conference, and you can’t let the law expire cause then the terrorists. . . blah blah blah.

Of course, the terrorists nothing. If the Senate did let January 1 come without acting on this gun-to-their-head extension, absolutely nothing going down on behalf of the GWOT would change. All the permissions on all the ongoing investigations would remain good and open for many months to come. But that leads to an even more important point, one again almost completely–no, let’s, this time, just say completely–absent from the coverage of the FISA Amendments Act.

I do not right now have time to go back and refresh everyone’s memory on the history of FISA (I’ve got anniversary cocktails to drink, after all), but let’s just say that even the original 1978 law–though drafted in reaction to illegal Nixon-era domestic surveillance–still had plenty of room for national security intel interests to get legal cover for some types of domestic spying. But the law did impose some limits and some oversight.

But all that changed on. . . .

I know what you’re thinking. You’re thinking I’m going to say “All that changed on 9/11,” aren’t you? I don’t blame you. Back during the PAA/FAA battles five years ago, most reports spoke of the expansion of domestic surveillance in response to the terror attacks on September 11, 2001. Again today–and I’m not going to dig up any links, but throw a rock at any major newspaper, and if you throw it hard enough, hard enough, say, to get back to page A23, because that’s about as close to the front page as this story will get–today you will read that all of this last-minute congressional kabuki all stems from Bush’s original violations of the old FISA law post-9/11/01.

And that would be a big, fat lie. Now, maybe some of today’s reporters weren’t on this story in 2007 or 2008, and they just took for granted the sort of “war on terror” shorthand that comes affixed to this topic, so I guess that would just make it a big, fat, lazy lie–but this idea is just as untrue (and just as easy to uncover as untrue) today as it was way back when I wrote about it the first time.

So, let’s all get this straight for the record: The Bush administration’s expansion of domestic spying was not a response to the terror attacks of 9/11. The Bush admin’s expansion of domestic spying pre-dates those attacks. Bush’s expansion of domestic spying starts as early as February 2001–just weeks after W was inaugurated. Here’s what I wrote on October 19, 2007:

Really, enough with this fairy tale already. If the events of last week involving the statements of former Qwest CEO Joe Nacchio have taught you nothing, perhaps you should go back and read some of the press from early 2006, or, perhaps, James Risen’s book. But no matter which of these sources you read, you should come away with the same understanding: The Bush Administration began collecting phone and e-mail data without a warrant and/or began eavesdropping on US citizens inside the country without a warrant before the attacks of September 11, 2001. Surveillance might—might—have increased after 9/11, but it is now increasingly clear there was plenty going on from the earliest days of Bush-Cheney rule.

You can follow the links in that block quote for more detail.

What do those seven (there’s that number again) months tell you? It tells you that the ramp-up of illegal domestic surveillance was not about uncovering the next al-Qaeda cell (remember how hard it was for Clinton administration holdovers to get any of Bush’s team to care about this pre-9/11), it was about something else. What was that exactly? There are many theories–repression of dissent, intimidation of unfriendly media, opposition research, maybe all of the above–but the point to make is that when you heard folks back then insisting we needed the FAA to protect us from the terra-ists, you needed to call bullshit.

And the same applies today. Sure, there are still some wide-eyed Washington watchers among us who will say, “that was then, but this is now, and now is post-9/11, and now we have a guy who is not Bush in the White House, so now it is about the terra-ists,” but you need to call bullshit on that, too. First and foremost because no president should be above the Fourth Amendment, but also, and also importantly, because if the warrantless domestic surveillance was to keep us safe from terrorism, but the surveillance was expanded long before 9/11/01, and the attacks of 9/11 happened anyway, then this breach of our Constitution did not do what its advocates say it is supposed to do.

Here is where you say, “I’ll drink to that!”

But why drink a Seven & Seven, the world’s most specific cocktail? Because specificity is what it’s all about–or, more accurately, what this FAA is extension not all about.

The whole point of the Fourth Amendment is that Americans should not be subjected to un-checked government power. That if the government wants to search or surveil a US citizen in the US, it has to pick a specific person and a specific crime. The kinds of blanket permissions and basket warrants permitted under the FAA are the very kinds of things the Fourth Amendment is supposed to prevent.

Got that? No archiving of domestic data, no Total Information Awareness, no trawling for keywords in private emails, no “dossiers” on hundreds of millions of Americans who have done nothing except trip one of the NSA’s algorithmic flags–because that sort of non-specific surveillance doesn’t pass Constitutional muster, and it doesn’t protect America from enemies foreign or domestic.

So, I started this tome with a joking toast to the infamous birth of my blog, but, in all seriousness, with the president expected to sign the new FISA Amendment Act today, the day that should live in infamy is December 30, 2012. And that’s not just about me; that’s about everybody.

And I do mean everybody.

Obama Drops Nuclear from Energy Segment of Convention Speech

Delegates react to President Barack Obama’s speech during the closing night of the 2012 Democratic National Convention. (Photo by Jared Soares for PBS NewsHour)

Compare and contrast.

When then-Senator Barack Obama took the stage in Denver four years ago to accept the nomination of the Democratic Party, he delivered what many saw as a powerful and pitch-perfect speech that contained an ambitious plan to correct course after eight years of President George W. Bush. But to this reporter, sitting amongst the cheering throngs at Mile High, one point hit a decidedly sour note.

In the section on energy, which began with the understanding that the country’s economy, security and energy futures are intertwined, Obama pledged to “end our dependence on oil from the Middle East” in ten years, and also spoke of investing $150 billion in renewable energy over that same decade. But then the Democratic nominee added this:

As President, I will tap our natural gas reserves, invest in clean coal technology, and find ways to safely harness nuclear power.

And with that, at least from where I sat (politically more than physically), a soaring speech came crashing to the ground. Even four years ago, “tapping natural gas reserves” was an ominous gloss-over for dangerous drilling techniques and increased carbon emissions. “Clean coal” had already proven to be nothing better than a marketing laugh line, something the Senator from coal-producing Illinois had to say. And “find[ing] ways to safely harness nuclear power,” well, funny that, both because it, too, felt like campaign-trail noblesse oblige for some of Obama’s biggest contributors, and because it implied that a safe way to harness nuclear power was something that had not yet been found.

But there it was–what would eventually come to be known as “fracking,” plus the myth of “clean coal,” and a big nod to the moribund nuclear power industry. One, two, three strikes in Obama’s energy pitch.

Fast, uh, “forward” four years, move indoors and 2,000 miles east, and listen to what President Obama had to say about America’s energy future in his 2012 convention speech:

We’ve doubled our use of renewable energy, and thousands of Americans have jobs today building wind turbines, and long-lasting batteries. In the last year alone, we cut oil imports by one million barrels a day, more than any administration in recent history. And today, the United States of America is less dependent on foreign oil than at any time in the last two decades.

So, now you have a choice – between a strategy that reverses this progress, or one that builds on it. We’ve opened millions of new acres for oil and gas exploration in the last three years, and we’ll open more. But unlike my opponent, I will not let oil companies write this country’s energy plan, or endanger our coastlines, or collect another $4 billion in corporate welfare from our taxpayers. We’re offering a better path.

We’re offering a better path, a future where we keep investing in wind and solar and clean coal; where farmers and scientists harness new biofuels to power our cars and trucks; where construction workers build homes and factories that waste less energy; where — where we develop a hundred year supply of natural gas that’s right beneath our feet.

Yes, despite a concrete acknowledgement two minutes later that “climate change is not a hoax” and “droughts and floods and wildfires are not a joke,” the president still brags of opening “millions of new acres for oil and gas exploration in the last three years”–and then he promises to open more. And, yes, there is still a reference to the fool’s anthracite, “clean coal,” this time incongruously grouped with “wind and solar.” But notice what is not there–not in this section, not in the paragraph about the climate, not anywhere in the entire 38-minute speech.

President Obama no longer promises to “safely harness nuclear power”–that likely would have sounded like a cruel joke in a world now contaminated by the ongoing Fukushima disaster–but beyond that, he does not promise anything about nuclear power at all. There was no platitude, no carefully crafted signal to the industry that has subsidized much of Obama’s political career, no mention of nuclear power whatsoever.

That is not to say that the entire 2012 Democratic National Convention was a nuclear-free zone. A few hours before the president took the stage at the Time Warner Cable Arena, James Rogers, co-chair of the Charlotte host committee, and oh, by the way, CEO of Duke Energy, stepped to the lectern and endorsed Obama’s “all of the above” energy “strategy” (they keep using that word; I do not think it means what they think it means):

We need to work even harder toward a future of affordable, reliable and cleaner energy. That means we need to invest heavily in new zero-emission power sources, like new nuclear, wind and solar projects, as well as new technologies, like electric vehicles.

Well, if you are looking for a future of affordable, reliable and cleaner energy, you need look no further than nu–wait, what? If you are looking for those three features in an energy future, it is hard to imagine a worse option than the unsustainably expensive, chronically unreliable and dangerously dirty nuclear power plant. And, as has been discussed here many times, nuclear is not a zero-emission source, either. The massive carbon footprint of the nuclear fuel lifecycle rivals coal, and that doesn’t even consider the radioactive isotopes that facilities emit, even when they are not encountering one of their many “unusual events.”

But the CEO of the Charlotte-based energy giant probably has his eyes on a different prize. Rogers, who has been dogged by questions about a power grab after Duke’s merger with Progress Energy and his lackluster performance as fundraiser-in-chief for the DNC, sits atop a company that operates seven US nuclear power plants, and is partners in a plan to build two new AP1000 reactors in Cherokee County, South Carolina.

That last project, which is under active review by the Nuclear Regulatory Commission, awaiting a combined construction and operating license, is one of a small handful of proposed new nuclear facilities currently scrambling for financing. The South Carolina plant, along with a pair of reactors in Georgia, two slated for a different site in South Carolina, and possibly one more in Tennessee, represent what industry lobbyists like to call the “nuclear renaissance.”

But completion of any of the above is nowhere close to guaranteed, and even if some of these reactors are eventually built, none will be able to generate even one kilowatt of commercial power until years after President Obama completes his sought-after second term.

Which, if you really care about America’s energy future, is, of course, all for the better. As even James Rogers noted in his speech (and he gets props for this):

[W]e cannot lose sight of energy efficiency. Because the cleanest, most efficient power plant is the one we never have to build.

That Duke’s CEO thought to highlight efficiency is interesting. That President Obama, with his well-documented ties to the nuclear industry, chose not to even mention nuclear power is important.

In the wake of Fukushima, where hundreds of thousands of Japanese have been displaced, where tens of thousands are showing elevated radiation exposure, and where thousands of children have thyroid abnormalities, no one can be cavalier about promising a safe harnessing of the atom. And in a world where radioisotopes from the breached reactors continue to turn up in fish and farm products, not only across Japan, but across the northern hemisphere, no one can pretend this is someone else’s problem.

Obama and his campaign advisors know all this and more. They know that most industrialized democracies have chosen to shift away from nuclear since the start of the Japanese crisis. They know that populations that have been polled on the matter want to see nuclear power phased out. And they know that in a time of deficit hysteria, nuclear power plants are an economic sinkhole.

And so, on a night when the president was promised one of the largest audiences of his entire campaign, he and his team decided that 2012 was not a year to throw a bone to Obama’s nuclear backers. Obama, a consummate politician, made the decision that for his second shot at casting for the future, nuclear power is political deadweight.

This is not to say that the Obama administration has thoroughly abandoned nuclear as part of its energy plan, or even its kitchen-sink rhetoric. There is no shortage of well-researched analysis detailing where the president’s deeds have failed to match his words, and it will take more than a significant omission in one speech to turn around the federal government’s policy of protecting and propping up the nuclear industry.

But the fact remains that at a convention underwritten by the head of a large nuclear energy conglomerate, nuclear energy didn’t even rate head-of-state lip service. That in a country where the nuclear industry tries desperately to brand itself as an energy of the future, the president decided to, at least rhetorically, leave it in the past. And that in a time where apostles of the atom claim that there is a nuclear rebirth, Barack Obama decided, on one of his biggest nights, that nuclear power would be better left for dead.

Does the Netroots Care about Nuclear Power?

Van Jones speaking to the faithful at this year’s Netroots Nation conference in Providence, RI – June 9, 2012.

On Thursday, June 7, as hundreds of online journalists and activists gathered in Providence, Rhode Island for the seventh annual Netroots Nation conference to discuss what were deemed the most pressing issues of the day, a smaller group made up of nuclear industry representatives and officials from the Nuclear Regulatory Commission and the US Department of Energy got together 400 miles south to discuss matters they thought even more urgent. While the attendees in the Ocean State were getting training on “how to navigate the action-packed schedule at Netroots Nation [and] survive on two hours sleep (and still be alert for a day of panels!),” owners of the nation’s aging nuclear facilities pursued doubling the length of new operating licenses, floating the possibility that reactors will be allowed to run into their 80th year–twice the original design life of most plants.

As bloggers, organizers, pundits and politicians were discovering the charms of the Beehive of Industry (yes, that is one of Providence’s nicknames), inspectors at Davis-Besse, the oft-discussed, always troubled nuclear power plant near Toledo, Ohio were reporting what they termed a “pinhole” leak releasing about a gallon of radioactive coolant every 10 minutes. The reactor had been shut down for refueling, maintenance and safety inspections, but was supposed to restart last week. . . before the leak was discovered in a pipe weld. (Though the reason behind the leak has yet to be determined, FirstEnergy, Davis-Besse’s owner, has now resumed the restart. . . without so much as a raised eyebrow from regulators.)

This incident at Davis-Besse comes not so very long after the Ohio primary, where the safety of the plant and trustworthiness of its owners and regulators was an issue in the race between two sitting Democratic members of Congress–Representatives Dennis Kucinich and Marcy Kaptur. Forced to run against each other because of redistricting, the plight of Davis-Besse became a defining issue between the two, with Kucinich calling for the plant to remain off-line until the cause of cracks in the containment structure was determined, while Kaptur affirmed her faith in FirstEnergy. Kaptur argued that the failing facility meant jobs for the struggling district–a district that was drawn to favor Kaptur’s old base–and in the end, beat Kucinich for the Democratic nod.

Following this latest breach in safety, Representative-for-another-six-months Kucinich has petitioned the Nuclear Regulatory Commission’s Inspector General (PDF) for an investigation into the NRC’s lax supervision of Davis-Besse.

As the netroots community and representatives of organized labor pondered in Providence whither the union movement in the wake of the Wisconsin recall results, 250 actual union workers, locked out of their jobs at Massachusetts Pilgrim nuclear plant (a short drive from the Rhode Island Convention Center), some for as long as 10 weeks, were filing a five-point grievance with the National Labor Relations Board. The union accused Pilgrim’s operator, Entergy, of coercive and threatening behavior leading up to a June 2 vote on a new labor contract. The workers overwhelmingly rejected the contract a week after the NRC granted Entergy a 20-year license extension for the plant–and 10 days after Pilgrim had to scram because of reduced vacuum in the plant’s condenser.

That there would be problems at a plant where replacement workers have been complaining that they are being asked to do jobs outside their expertise hardly seems surprising. That an ongoing labor action, safety concerns and licensing fight happening just two counties away from Providence would not be an issue at the Netroots Nation convention is a bit more vexing.

While conventioneers in Providence listened to New York Attorney General Eric Schneiderman explain his relative lack of action on the foreclosure fraud crisis as somehow part of what he called a “transformational moment,” members of Pilgrim Watch, a citizen’s group opposed to the Massachusetts nuclear plant, were in court demanding that regulators do more to require post-Fukushima lessons learned be incorporated in required upgrades to Pilgrim’s GE Mark I boiling water reactor (the exact same design as those at Fukushima Daiichi). Activist groups have mounted similar (and additional) legal challenges to the relicensing of Vermont Yankee, another ancient Mark I reactor well into its break-down phase. And in New York, public activism mounts as the Indian Point reactors approach their relicensing hearing.

In fact, Friday, as Netroots Nation attendees wondered why there was a 90-minute gap in the midday schedule (word is conference organizers were hoping to bag the president or vice president as a lunchtime keynote, and the extra time was allotted for additional security. In case you missed it, the closest the conference got to any high-level White House official was a new campaign video, introduced on tape by Obama), the DC Court of Appeals handed down an important decision that could have broad implications for the future of domestic commercial nuclear power. A three-judge panel unanimously ruled that the Nuclear Regulatory Commission was negligent in the way it evaluated plant safety because regulators assumed a solution to the country’s long-term radioactive waste storage crisis when none currently exists.

If you were watching your twitter feed, you might have caught this. If you were sitting in on any of Friday afternoon’s Netroots panels, this ruling probably didn’t come up.

Indeed, throughout the three-plus days of panels, training sessions, caucuses and keynotes, attendees quite likely heard no mention of nuclear power, its persistent threats to safety, its drastic drain on the budget, its onerous oppression of workers or its brazen gouging of rate-payers. For, while there were well over 100 panels, and dozens of other training sessions and caucuses, nothing on the schedule even made a passing attempt to address nuclear energy here in the United States or the ongoing (and growing) crisis of radioactive contamination from Fukushima spreading across the globe.

It would be one thing if this were purely fodder for wonks and science geeks, but as demonstrated above, and in over a year’s worth of columns, nuclear power touches on many (if not most) of the issues considered to be core concerns of the netroots movement. Corporate greed, captured government, worker rights, environmental justice, and a lazy legacy media–its all part and parcel of the nuclear narrative.

And it might not be worth a few precious hours of conference schedule if the fight against nuclear power and its acolytes were a lost cause, but in this post-Fukushima moment (and, yes, we are still in it), the country and the world stand at a crossroads. While the US government seems hell-bent on backstopping a failing, flailing industry, other countries are using this crisis to step back from the next potential nuclear nightmare and commit to a cleaner, renewable energy future. Meanwhile, here in the United States, engaged communities of activists and concerned citizens are organizing to fight on the local level for the protections their federal government has failed to deliver.

The appeals court decision on Friday is a monument, really, to the years of hard work put in by individuals and organizations across the country–and it is a monumental opportunity to learn from this success and build the future of the anti-nuclear movement.

It is a movement that could benefit greatly from the online organizing tools that have breathed so much life into the netroots, but the netroots, too, could learn a few things from the anti-nuclear movement. Providence, with its physical proximity to Pilgrim, and its temporal proximity to so many developments on the nuclear front, would have seemed like a golden opportunity. But the organizers of Netroots Nation appeared to have other priorities.

While the good folks at NIRS–the Nuclear Information and Resource Service–where awarded a booth in the exhibition hall at the Providence convention center, veterans of the conference know there is quite a different level of engagement when it comes to the booths, versus what happens at panels and speeches. (This is to take nothing away from NIRS, which had a table filled with great information, much of which can also be found on their website.)

Fired up?

Some noise was made, quite publicly, as a matter of fact, about this year’s Netroots convention being friendlier to the Obama administration. “I think people are generally on board [with Obama's reelection effort],” said Raven Brooks, the executive director of Netroots, as he explained to Talking Points Memo that this year’s convention would be relatively free of the confrontation that met White House Communications Director Dan Pfeiffer at the 2011 conference.

“People are fired up about 2012,” said Mary Rickles, who is communications director for Netroots, noting in the same TPM article that she expected an administration presence at this year’s conference. (Again, unless you count Schneiderman, there was none.)

Inside the convention center, Van Jones–briefly part of the Obama administration until driven out by a rightwing witch-hunt, and cofounder of Rebuild the Dream–headlined the last night of speeches. Jones, himself a longtime advocate for renewable energy, instead turned to a theme he has hit often in recent years: that while some might be disappointed with the pace of progress, in the end, it is not Obama’s failing, it is ours. But this time, it being an election year, and everyone thusly “fired up,” Jones put it this way: “We have two tasks: to re-elect the president and re-energize the movement to hold the president accountable.”

Quoting Jones in an email announcing next year’s convention, Brooks underscored the point:

After November has come and gone, our job of pushing for the strongest possible progressive policies will begin in earnest. In short, we’ve got to step up our game.

Inspiring thoughts, perhaps, but ones completely contrary to the way electoral politics has worked in this country about as far back as anyone can remember. Making demands of office-seekers after you’ve pledged your vote is not just cart-before-the-horse, it’s asinine and ass-backwards.

The netroots played a roll in the election of Barack Obama in 2008, though in the eyes of the now-POTUS, not an overly large one. After the election, Team Obama moved quickly to rein in the less-predictable elements of its grassroots campaign while one-by-one riding roughshod over most of the issues that mattered to left-leaning bloggers and online activists. Previous NetNat attendees had a right to boo Obama surrogates, and the folks charged with re-electing the president should be taught to fear that wrath–if not through activism, at least by way of apathy.

Mitt Romney would no doubt make a dismal president–but that is not the point. This election will be decided by turnout, and the Obama campaign will need to motivate parts of his base such as the netroots with reasons to get out and vote for his second term. If online activists want something from Obama in return for going to the polls, the time to demand that, the time to get that on paper–or in pixels–is before election day, not after.

After, Obama doesn’t need you anymore. It’s called a lame duck term for many reasons, but one of them is that the president can easily duck any kind of obligation some might feel he should have to his blandly loyal netizens.

Which brings us back to nuclear power and Netroots Nation. It is not a secret that one of Obama’s great benefactors in past elections has been Exelon, the nuclear giant that not only gave heavily to the 2008 campaign, but once employed both former Obama Chief of Staff Rahm Emanuel and David Axelrod, once a senior Obama advisor and now Communications Director for his 2012 campaign. Obama’s steadfast support for nuclear power–making the point, not once, but twice, in the first weeks after the Fukushima crisis began, to publicly assure that the US commitment to nuclear was strong–now puts him at odds with many countries in the industrialized world, but, more important here, it has always put him at odds with many in the online progressive community. It would be sad to think that conference organizers decided against any anti-nuclear content in an effort to keep this year’s Netroots Nation “onboard” with and “fired up” about a possible administration presence.

But it would be even sadder to think that the fault lies not in these self-anointed stars, but in ourselves. While chances are if you are reading this you have at least some degree of interest in nuclear issues, is it possible that what once was called the “blogosphere” (but now should be considered something more) does not see nuclear power, the looming environmental catastrophe and financial sinkhole it presents, as relevant? Is it that the almighty and always invisible atom is just not as juicy as, say, fracking, or anything with the word “occupy” in it?

That would be a shame–and a mistake–for it is all part of a piece. The work of occupiers across this country over the last year is to be applauded, but some of the things central to the protests, a broken system, a captured government filthy with corporate cash, are central to the fight against nuclear power, as well. And while hydrofracking represents a tremendous threat to our water supply and our climate, and so should be protested full bore, its current profitability might make it less sensitive to activism than nuclear power at this point in its history.

Without government support–without the federal loan guarantees, the Price-Anderson indemnity, state and local tax breaks and rate subsidies–the commercial nuclear power industry would collapse. There would be few demands for license renewals because few plants would turn a profit.

And without a government-run long-term waste repository, the nuclear industry faces even more safety and financial concerns. The lack of storage options is actually a crisis for nuclear operators–and a threat to the safety of a majority of Americans. What this country does with its atomic waste has always been a political issue, too–and it has played out on the political stage throughout this past year. It is an issue that is very sensitive to old-time, easy to grasp, electoral politics, and so it is one sensitive to the newfangled tools of internet organizing.

So, between environmentalists and budget wonks, between regulatory hawks and electoral junkies, and between old-line environmental activists and 21st Century online organizers there is much to discuss. Let’s hope that no matter who is running for whatever office next year, the netroots, and the Netroots Nation conference, find the time and space–and the political will–to engage the dirty, dangerous and expensive threat of nuclear power.

*  *  *

[Full disclosure: I had submitted a panel proposal for the 2012 Netroots Nation conference, and though it was given consideration and, I am told, was in the running till the end, it was not included in the final schedule. The panel was to be called “Clean, Safe, and Too Cheap to Meter? Countering Nuclear’s Lies in a Post-Fukushima Landscape,” and while I was disappointed at not having this opportunity, the far bigger concern for me was that conference organizers chose not to include any sessions on nuclear issues at all. One year’s personal slight is not really a big deal; ignoring the obvious and broad importance of this topic, however, signals a bigger problem.]

Obama Taps Allison Macfarlane as New Head of Nuclear Regulatory Commission

Seal of the US Nuclear Regulatory Commission (via Wikipedia)

President Barack Obama has nominated Allison Macfarlane to be the new head of the Nuclear Regulatory Commission. Macfarlane is currently an associate professor at George Mason University in Fairfax, VA, and was part of Obama’s Blue Ribbon Commission on America’s Nuclear Future, a panel that was, among its responsibilities, asked to examine how the country should deal with its growing nuclear waste storage crisis. She holds a PhD in Geology from MIT.

If confirmed by the Senate, Macfarlane will replace Gregory Jaczko, who announced his resignation Monday after months of pressure from the nuclear industry and their friends in government.

As predicted, in choosing Macfarlane, Obama tapped someone who is on record as opposed to the Yucca Mountain nuclear waste repository. Macfarlane quite literally wrote the book on the subject–she is the editor (along with Rodney Ewing) of Uncertainty Underground: Yucca Mountain and the Nation’s High-Level Nuclear Waste, a review that is predominantly very critical of the choice of the Yucca site. Because confirmation has to move through the Senate, it would need the consent of Majority Leader Harry Reid (D-NV), a longtime opponent of the Yucca project.

But Macfarlane could not be labeled an opponent of nuclear power. Indeed, Kate Sheppard of Mother Jones cited MacFarlane’s own words in which she called herself a nuclear “agnostic”:

In terms of nuclear energy, I would describe myself as an agnostic. I’m neither pro-nuclear or anti-nuclear. I think nuclear has been doing a good job in the United states and some other industrial countries at providing a good, reliable energy, and they’ve been improving on that. At the same time, I think I think in terms of an expansion in nuclear power over the next 50 years or something, nuclear has lot of liabilities and I don’t know if it can get over them.

If Macfarlane has objections to the expansion of commercial nuclear power, it would seem to be based on the cost–as she explained in a 2007 MIT lecture–and issues of waste storage.

To that second problem, Macfarlane is on record as favoring so-called interim solutions. As explained to me by Beyond Nuclear’s Kevin Kamps, who has met with Dr. Macfarlane, the NRC nominee thinks dry cask storage is “good enough” for now, and is in favor of “centralized interim storage”–a plan to collect spent fuel form the nation’s nuclear plants and move it to a handful of regional, above-ground storage facilities until some unspecified time in the future when a long-term program is completed.

Sites rumored for possible interim storage facilities include the Utah desert, the Savannah River Site in South Carolina, and the Dresden nuclear facility in Illinois. The state governments of New Mexico and Arizona have also made moves to request they be considered as repositories for nuclear waste.

The problems with dry casks and centralized interim storage are many. Kamps, a longtime critic of standard dry cask storage, notes that current dry casks are built to shield workers from radiation, but not designed to withstand long-term exposure to the environment or to survive a hostile attack. Some of the nation’s casks already show signs of wear, cracking, and corrosion. Beyond Nuclear recommends hardened dry casks–something different from standard casks–for this level of storage. Kamps was unsure what Macfarlane’s position was on requiring hardened dry casks.

There are massive security concerns around the idea of centralized interim storage, too. Not only would the facilities themselves be potential targets for terrorist attack, the transportation of nuclear waste would be vulnerable. And, it should be noted, as currently conceived, centralized sites would necessitate transport of waste through densely populated areas over insecure stretches of rail lines.

Kamps was also dismayed over Macfarlane’s enthusiasm for the Onkalo spent nuclear fuel repository in Finland. The underground facility, still under construction on Onkiluoto Island, has come under scrutiny by nuclear watchdogs for some of the same reasons critics worry about Yucca Mountain.

Macfarlane is on record, however as concerned about the overcrowded spent nuclear fuel pools that sit next to the nation’s fleet of aging reactors. In a 2003 paper, co-authored with Bob Alvarez and others (PDF), she issued this dire warning:

Because of the unavailability of off-site storage for spent power-reactor fuel, the NRC has allowed high-density storage of spent fuel in pools originally designed to hold much smaller inventories. As a result, virtually all U.S. spent-fuel pools have been re-racked to hold spent-fuel assemblies at densities that approach those in reactor cores. In order to prevent the spent fuel from going critical, the fuel assemblies are partitioned off from each other in metal boxes whose walls contain neutron-absorbing boron. It has been known for more than two decades that, in case of a loss of water in the pool, convective air cooling would be relatively ineffective in such a “dense-packed” pool. Spent fuel recently discharged from a reactor could heat up relatively rapidly to temperatures at which the zircaloy fuel cladding could catch fire and the fuel’s volatile fission products, including 30-year half-life 137Cs, would be released. The fire could well spread to older spent fuel. The long-term land-contamination consequences of such an event could be significantly worse than those from Chernobyl.

Of course, recent events in Fukushima have shown Macfarlane et al to be eerily on target. No doubt, Macfarlane would at least like to see spent fuel moved out of pools (even if it is to dry casks) to bring the density down to original design parameters. Whether Macfarlane will feel inclined to push the nuclear industry in this direction is another matter. Kevin Kamps estimates that moving spent fuel from pools to dry casks would cost roughly $100 million per facility, and cost has been a principle reason nuclear operators have dragged their heels on transferring older spent fuel to dry storage. To date, about 75 percent of the nation’s spent fuel remains in liquid pools.

Heartening, too, when it comes to this mother lode of radioactive waste, is word that Allison Macfarlane has been critical of nuclear fuel reprocessing. As discussed here many times, reprocessing is expensive, energy intensive, and actually creates more nuclear waste, not less.

The nomination of Macfarlane no doubt signals a deal between Sen. Reid and the White House. Reid, for his part, praised Macfarlane, and announced plans to hold confirmation hearings alongside those for Kristine Svinicki, the sitting NRC commissioner re-nominated by Obama but publicly opposed by Reid. According to the Majority Leader, both nominations will be considered next month.

Given that Macfarlane has not given her unwavering support to everything the nuclear industry wants, questions remain about the ease with which Macfarlane’s nomination will move through the Senate. While it is hard to dismiss the possibility that some GOP Senator will place a hold on Macfarlane–it is, like with the scorpion, in their nature–it should be noted that the nuclear industry’s biggest lobbying group has called for both Svinicki and Macfarlane to be confirmed:

The Nuclear Energy Institute, an industry group, called Macfarlane “an active contributor to policy debates in the nuclear energy field for many years” and urged the Senate to confirm her nomination as soon as possible.

“It would not serve the public interest to have her nomination linger,” the group said. “We urge the Senate to confirm both Commissioner Svinicki and Professor Macfarlane expeditiously.”

Watch this space, as they say.

As noted with the news of Jaczko’s resignation, the problems of nuclear power transcend the role of any individual. The dirt and danger–and most notably the costs–that come with nuclear power do not change with the personnel of the NRC. And, though it seems hard to imagine, the problems of regulatory capture loom even larger. The only reason Macfarlane is being discussed is because the nuclear industry grew tired of Gregory Jaczko. That the industry and their political pals were successful in pushing out one regulator cannot bode well for another that is in the least bit inclined to regulate.

Power Play: Nuclear Regulatory Commission Chairman Jaczko Resigns after Push by Industry

Outgoing NRC Chmn. Jaczko testified before the House Committee on Oversight and Government Reform last year.

The Chairman of the Nuclear Regulatory Commission, Gregory Jaczko, submitted his resignation Monday morning. Chairman Jaczko, a former aid to Senator Harry Reid (D-NV) and Representative Ed Markey (D-MA) who holds a PhD in particle physics, was originally appointed to the NRC in 2005, and elevated to chairman in 2009. Jaczko said he will relinquish his post upon confirmation of a replacement.

Jaczko’s announcement is hard to separate from pressing questions about the safety of commercial nuclear power in the United States–especially in the context of the ongoing crisis in Japan–the debate over the future of the Yucca Mountain nuclear waste repository, signs of shifting power dynamics in Washington, and, perhaps most importantly, the influence of wealthy and well-connected private industry on public policy.

As has been discussed here before, Greg Jaczko has been at the center of an orchestrated controversy for much of the last year, with nuclear industry lobbyists, Republican members of Congress, and other NRC commissioners pressing for the chairman’s ouster. Representative Darrell Issa (R-CA), head of the House Committee on Oversight and Government Reform, has been an especially dogged critic of Jaczko, holding hours of hearings and serving as the driving force behind two inspector general reports on the allegedly hostile workplace environment at the NRC.

Issa, it must be noted, represents a district that includes the extremely troubled San Onofre Nuclear Generating Station (SONGS). The plant is currently offline as regulators try to determine the root causes of radiation leaks and rapid degradation of copper tubing used to move radioactive steam in and out of the reactors. The Orange County Republican has received copious campaign contributions from the companies that operate and maintain San Onofre.

Issa called hearings (while calling for Jaczko’s head) last year after the four other commissioners made public their letter to the White House complaining about Jaczko’s managerial style. The complaint revolved around a handful of issues that help explain the apparent urgency behind the anti-Jaczko putsch.

First, critics were upset about the way that Jaczko helped end work on the Yucca Mountain nuclear storage site. Yucca had proven problematic for a number of reasons–environmental, economic, security, and social–and had long been the target of Nevada politicians (most notably, Senate Majority Leader Reid), who felt their state had been dealt with unfairly in the original selection process.

The Obama administration had seemed to agree, and had the Department of Energy withdraw a request for the licensing of Yucca Mountain. In addition, very little money remained in Yucca’s budget, and no more has been approved.

But the nuclear industry desperately needs an answer to the problem (crisis, really) of long-term nuclear waste storage, and Yucca Mountain is the only site that has even been started. (It is nowhere near finished.) Without a place to move “spent” fuel and the other dangerous detritus of the process, nuclear power cannot realistically expand the number of rectors in the US, nor can it long continue to maintain and refuel those already in operation.

The nuclear industry, through its proxies in Congress and on the NRC, has complained that Jaczko didn’t allow advocates for Yucca to perpetuate the process. Most recently, a fight went public when President Obama nominated NRC Commissioner Kristine Svinicki for another term over the vocal objections of Senator Reid and his colleague Barbara Boxer (D-CA). Of special contention, the role Svinicki played in drafting the documents that called for the construction of the Yucca repository.

Second, the dissenting NRC commissioners complained that Jaczko used his emergency powers as chairman to guide US policy in the immediate aftermath of the earthquake and tsunami that caused a triple-meltdown at Japan’s Fukushima Daiichi nuclear power facility. Complainants seem especially upset that Jaczko recommended evacuation of American citizens from a 50-mile radius around the crippled nuclear plant–a call he made with the support of NRC experts and in coordination with the State Department. Radioactive contamination from Fukushima has, of course, been found across Japan, even beyond the 50-mile limit. (In the US, 65 percent of the population lives within 50 miles of a nuclear plant, and late in December, federal regulators moved to scale back requirements for evacuations and emergency drills around commercial reactors.)

In the wake of the initial accident, Jaczko sought recommendations for US nuclear safety. The Near-Term Task Force (NTTF) Review of Insights from the Fukushima Dai-Ichi Accident produced a collection of basic (and, as discussed here, rather weak) recommendations last summer. Chairman Jaczko tried to start the process of turning those recommendations into rules–a process that could stretch beyond five years–but met objections from each of the other four commissioners. Jaczko also wanted lessons learned from Fukushima included in construction and licensing permits granted to four AP1000 reactors (two to be built in Georgia, two in South Carolina), but the chairman was outvoted four-to-one by his fellow NRC members.

The third (and most often referenced) complaint fired at Jaczko was that he had created a “hostile work environment,” especially for women. Though Svinicki, the only woman on the commission, lamented Jaczko’s tone, the specific “charge” (if it can be called that) was brought by Commissioner William Magwood. Magwood said there were female staffers that Jaczko had brought to tears, though none of those women personally came forward (because, it was said last year, they did not want to relive the humiliation).

The story gained extra prominence when Senate Minority Leader Mitch McConnell (R-KY; Kentucky, by the way, home to a nuclear waste nightmare called Paducah) attempted to use this alleged incident to disrupt the rising narrative of the Republican “war on women.” McConnell and others from his side of the aisle took to the microphones to denounce the administration’s treatment of whistleblowers and praise the apparently brave and much put-upon Svinicki.

In what seems to be a rare case where the public’s relative lack of interest in nuclear regulation can be called a positive, McConnell’s gambit failed. . .

. . . at least in derailing the “War on Women” story. (It also probably owes much to the GOP actually continuing its war on women.)

But when it came to serving the nuclear industry, McConnell’s contribution to the ouster of Jaczko will likely be rewarded. . . with industry contributions of the monetary kind.

Chairman Jaczko’s resignation comes just before issues of his workplace demeanor would likely again dominate headlines (if, again, any story regarding nuclear regulation can be imagined to dominate this year’s headlines), as a second IG report on the NRC work environment is due next month, and Issa had already promised more hearings. But Jaczko’s announcement would likely not have come without the intervention or, at least, tacit blessing of Senator Reid. As mentioned, Reid has been Jaczko’s best friend on the Hill, and Jaczko has helped Reid and the Obama administration move away from making Nevada the final resting place for a country’s worth of hazardous nuclear waste.

After President Obama defied Reid’s private and public requests, and nominated Kristine Svinicki for another term as NRC commissioner, the Senator had a choice to make–and some political calculations to do.

While, to the nuclear industry, Jaczko represented an insufficiently pliant regulator–be it concerning NTTF recommendations, fire safety rules, or waste storage–to Harry Reid, the NRC chairman is most importantly a staunch opponent of the Yucca project. And Jaczko is the only one of the five NRC commissioners who meets that description. With Jaczko’s public image under attack and his ability to function as chairman challenged by the other commissioners and nuclear-friendly forces in Congress, questions of how much longer he could survive would have continued throughout the year. With that baggage, and with Senator Reid’s Democratic majority and possibly even his leadership position up in the air come November, there seems little chance that Obama would have shown Jaczko the same deference he did Svinicki and offered to nominate him for another term when the chairman’s current one expired in 2013.

As it is custom for NRC commissioners to be nominated in pairs–one from the Democrats, one from the Republicans–to smooth their paths to confirmation, Reid likely looked at Jaczko’s predicament, Svinicki’s nomination, and his own future and saw this as a moment to make some lemonade out of a crate of rotting lemons.

Act now, and Reid would play a prominent role in choosing Jaczko’s replacement–who could theoretically get confirmed alongside Svinicki for a full, five-year term–wait, continue to back Jaczko and fight the administration and the GOP on Svinicki, and the best Reid could hope for is a year of controversy over NRC personnel and an uncertain amount of influence in shaping the future of the Nuclear Regulatory Commission.

Indeed, current reporting is that the White House will move quickly to nominate Jaczko’s replacement (and rumors are it will be a woman), and that the administration is in consultation with Reid to choose someone he will help move through the Senate confirmation process. It is hard to believe Reid will look kindly upon any nominee interested in re-starting the Yucca Mountain process.

. . . timing

It is said that, in life, timing is everything. In politics, money probably keeps timing from cornering the be-all-end-all market, but timing has played a part in the NRC’s saga. As Reid hopes to use this moment to keep his objectives on course, the nuclear industry is trying to desperately to turn back time to an era where the term “nuclear renaissance” wasn’t said with a smirk and a glance eastward toward Japan.

As with Yucca Mountain, where atom-loving electeds and regulators scramble to get the federal government to take their waste–with its risks and expense–off of the nuclear industry’s hands, the threat of new safety rules (and their perceived expense) emerging from the post-Fukushima review also motivated a profit-centric industry to step up their efforts to remake the NRC in their own image.

As noted here in December, Darrell Issa’s public release of the commissioners’ letter complaining about Jaczko was oddly timed:

[T]hough the commissioners’ complaint was written and delivered to the White House in October, it was only made public by Rep. Issa last Friday. A slot usually reserved for news dumps seems like bad timing if Issa and his allies wanted to create a splash, unless you consider that Rep. Ed Markey (D-MA) had planned to release a report on Monday showing how NRC commissioners had coordinated with pro-nuclear legislators to slow or stop post-Fukushima safety reforms. Markey’s report (PDF) includes emails revealing commissioner Magwood and staffers for pro-nuclear Sen. James Inhofe (R-OK) worked together to discredit Jaczko for taking the lead on the US regulatory response to Fukushima.

And as reported in October, this behavior was not new for Magwood. During his time at the Department of Energy, Magwood held private meetings with top nuclear industry lobbyist Marvin Fertel. In December, Ryan Grim of The Huffington Post detailed–in a scenario eerily similar to what culminated this week–how Magwood and his industry friends worked behind the scenes to oust his superior at DoE.

It also deserves mentioning that between his time in the George W. Bush Energy Department and his appointment to the NRC by President Obama, Magwood formed the consulting firm Advanced Energy Strategies, whose clients included not only TEPCO, the nominal owner of Fukushima Daiichi (until the Japanese government finishes its bailout/buyout), but a veritable who’s who of the Japanese nuclear elite.

As discussed above, Jaczko was the only NRC commissioner who voted to include future post-Fukushima rules in the licensing requirements for new reactors in Georgia and South Carolina. Both those projects are still wanting for full financing, and Georgia’s reactors are already behind schedule and, as revealed recently, nearly $1 billion over budget. The last thing the industry wants to see are demands for pricy safety upgrades or reminders of all that can go wrong at a nuclear plant. Jaczko’s desire for inclusion of Fukushima “lessons learned” held out a threat (however weak) of both.

Weak in review

But it was the rather weak recommendations, the glacial pace of change, and the seemingly futile lone votes against four other commissioners in the nuclear industry’s hip pocket that also helped end Jaczko’s run as NRC chair.

Theoretically, election cycles are when elected officials are most responsive to public pressure, but what part of the public felt particularly compelled to fight on Jaczko’s behalf? As stated during an earlier act in this power play, the nuclear industry and its acolytes were never going to see Jaczko as anything but the enemy, but the chairman’s “moderate” response to the Fukushima moment, along with the continued granting of license extensions to aging nuclear plants, and his oft-repeated statements of faith in the broken regulatory process left Jaczko with no strong allies in the anti-nuclear movement. Between the ongoing Fukushima disaster and the dynamics of an election year, the timing could have been favorable for a regulator bold enough to dare to regulate.

Instead, Chairman Jaczko, who no doubt saw his split-the-middle path as a reasonable one, was left alone to watch as his colleague, Bill Magwood, helped orchestrate a coup, and as his benefactor, Harry Reid, moved to cut his losses. For America, however, losses have not been cut–nuclear power is still a perpetual economic sinkhole and a looming ecological disaster–and no matter how the politicians try to massage the regulatory process, the science that makes nuclear power so untenable remains constant.

Constant, too, is the global trend–most of the industrialized world is turning away from this dirty, dangerous, and exorbitantly expensive way to boil water. Jaczko’s chairmanship of the Nuclear Regulatory Commission may be at its dénouement, but that does nothing to magically create a nuclear renaissance. The good and bad news here is that all of nuclear power’s problems are just as real and just as pressing, with or without Greg Jaczko.

The Thing That Couldn’t Die: Yucca Battle Continues in Congress and in the Courts

(low resolution movie poster reproduction via wikipedia)

In the 1958 cult horror classic The Thing That Couldn’t Die, a young lass out water-witching (of all things) discovers a curious and ancient box–one that, whether you follow the conventions of the genre or the entreaties of the film’s internal expert, should obviously remain closed.

But, as these things are wont to go, greed and ambition get the better of a few mere mortals, and the box is breached, revealing the intact–and living!–head of a sorcerer executed hundreds of years earlier. The wayward wizard then uses his telepathic powers to manipulate some of the more foolish, godless humans to unearth the rest of his body so that it might be reunited with the head and realize the full force of its destructive powers.

It is hard not to think of this black and white bubbe meise while reviewing the most recent chapters in the battle over the future of the partially excavated, purportedly moribund Yucca Mountain nuclear waste repository in southwestern Nevada.

As noted here last month, the life and death of the Yucca project was at the center of a public face off between President Obama and Senate Majority Leader Harry Reid, who just happens to hail from–and represent–the Silver State. Although the administration has sided with Reid on cancelling work on Yucca Mountain, Obama’s move to re-appoint Kristine Svinicki to another term on the Nuclear Regulatory Commission–over the vocal objections of the Majority Leader–registered with Yucca watchers like stirrings from the grave. Svinicki, after all, has been a staunch proponent of the Yucca project since she worked at the Department of Energy. . . writing the support documents for the Yucca nuclear waste repository. This week’s official re-nomination of Svinicki by the White House seems to say that rumors of Yucca’s demise are somewhat exaggerated.

Or at least that is what the nuclear industry and its army of lobbyists, captured regulators, and purchased politicians would have you believe.

As Republican members of Congress try to exert pressure on Reid and Senator Barbara Boxer (whose committee has jurisdiction over the NRC) to quickly confirm Svinicki, two states with heaping helpings of nuclear waste have gone to court to make sure that the Yucca repository is kept, if not on track, at least on life support.

Last week, lawyers for South Carolina and Washington State went before a three-judge panel of the US Court of Appeals for the District of Columbia, arguing that while the government hadn’t allocated any more money for Yucca, there was still some money in the project’s budget, and even though it wasn’t going to get anything anywhere close to finished, the NRC and the Department of Energy were obligated to spend it. Congress had, after all, passed measures designating Nevada as the future home of the country’s high-level radioactive waste, and the law is the law.

The government, in turn, has argued that not only would it be throwing “good money after bad,” since the DoE has withdrawn the licensing request for Yucca Mountain and the White House has not put any funding for completing the facility in the next budget, the roughly $10 million remaining would not be enough to again wrap up the project when no more money is allocated.

The leftover $10 million, it should be noted, is not only a drop in the bucket when compared with the $90 billion projected cost of developing Yucca Mountain or the $10 billion already spent, it is only half the $20 million it cost to fund the project each month it was active.

As previously examined, the nuclear industry desperately needs Yucca Mountain, or some answer to long-term waste storage, if it ever hopes to expand, or, realistically, even continue to operate its existing fleet of antique reactors. Current moves reveal the strategy of atomic energy advocates to try to keep Yucca alive, however tenuously, in expectation that the political climate might change enough to revivify the cash-hungry corpse that is not just the Nevada dump, but the entire US nuclear power industry.

House Republicans–and some Democrats, too–are playing their part. In April, a majority of the House Appropriations Committee concluded that the Obama administration’s moves to shutter Yucca were “counter to the law,” and then they put your money where their mouths were:

The committee bill [provides] DOE with $25 million to work on a solution to storing commercial nuclear waste, but only if it is directed at Yucca Mountain. Also, the bill would bar DOE from spending any funds to eliminate the option of Yucca Mountain as a waste site.

So, you’re saying you want the radioactive waste to go where now?

Interesting little side note: the Appropriations Committee is chaired by Hal Rogers of Kentucky, the state that is home to the Paducah Gaseous Diffusion Plant, the nation’s only operating uranium enrichment facility providing fuel for commercial nuclear reactors (oh, and a contaminated, toxic mess). And the Ranking Democrat on the committee (who also supported the Yucca provision) is Norm Dicks, whose great state of Washington is a litigant in the Yucca Mountain lawsuit (described above) and the address of Hanford, the most contaminated nuclear site in the United States.

The Senate, as those who have read this far might have guessed, has a different take on the Yucca line item. California Democrat Dianne Feinstein’s Energy and Water Development Subcommittee didn’t include Yucca Mountain in its appropriations bill. Instead, Feinstein’s language directs the DoE to explore moving nuclear waste to temporary, aboveground storage sites.

Of course, the porous, dank Yucca repository and unstable, vulnerable aboveground casks are both unsuitable solutions to the existing and long-term high-level radioactive waste storage crisis, but with the House in GOP hands and the Senate under Democratic control, the assumption might be that neither option will ever come to fruition. And the assumption might be that the story ends there.

But it doesn’t. Not even temporarily.

Again, the so-called “nuclear renaissance” depends on a place to move the tens of thousands of tons of nuclear waste generated every year. The way it is stored now is expensive, the way it is stored now is dangerous, and, perhaps most urgent to the industry, the way it is stored now is pretty much full. Something has to give.

While some states hit the courts and the House moves to restart Yucca, the president has picked a fight with Harry Reid on what is generally recognized as the Senator’s signature issue. And House Oversight Committee Chair Darrell Issa (R CA-49, a district that includes the San Onofre Nuclear Generating Station) continues to fan the flames under Gregory Jaczko, the Nuclear Regulatory Commission chairman who was once a Reid staffer and has sided with the Senator and the White House (at least as its position was delineated prior to last month) in the battle to close Yucca Mountain.

Should attempts to unseat Jaczko succeed, he will almost certainly be replaced by a commissioner more friendly to the industry and, thus, to the Yucca site. Should the Democrats lose control of the Senate in November, Reid will lose his Majority Leader post, and with that will go the power to control the budget and the fate of Yucca Mountain. But even if the Democrats hold on to a Senate majority, Reid’s position as its leader is not guaranteed, and Obama’s willingness to challenge him on the Svinicki nomination underscores that uncertainty.

And without Reid in power, there is serious question as to how long president Obama would stand by Reid’s protégé Jaczko.

And there is yet another wrinkle–there is actually a second pot of money set aside for development of a radioactive waste storage facility. It is money collected by the nuclear industry in the form of surcharges on electricity consumers’ utility bills. It is estimated to now total about $21 billion (or maybe as high as $29 billion)–again, not enough to finish building the Yucca repository, but more than enough to keep hope alive, as they say.

But if Yucca is not going to be built, then state regulators, in a lawsuit separate from the one previously described, say that the government should stop collecting the surcharge. And Senator Lindsey Graham (R-SC) has introduced legislation to give back to nuclear energy consumers most of the money collected.

It shapes up as a potential win-win for the nuclear industry. On the one hand, it is one more pressure point on the federal government to, shall we say, shit on Nevada or get off the pot–to restart Yucca or lose a good chunk of money needed for any permanent waste facility. On the other hand, if money is refunded, and if future surcharges are cancelled, it is another way to artificially deflate the price of electricity generated by nuclear plants, and another way to hide the true cost of nuclear power.

Hiding the true cost of nuclear power is, of course, essential to perpetuating the myth of a nuclear renaissance–in fact, it is essential to sustaining the industry as it limps along now. The price of long-term high-level waste storage is but one part of the equation–one part almost always ignored by nuclear adherents–but it is a crucial one. The cost of storing waste at the various nuclear power plants is not only noticeable to the industry’s fragile bottom line, the potential dangers inherent in on-site storage are problems plant operators would rather belonged to someone else.

Yucca Mountain would seem the easiest prescription for this headache. One could say the industry needs Yucca to sustain its influence the way the evil sorcerer head needed a body to fully exercise its powers. But unlike the case of the torso-less thaumaturge (spoiler alert!), nuclear waste does not disintegrate when it comes in contact with a crucifix. The roughly 300,000 tons of high-level radioactive garbage that lies scattered across the US will remain deadly dangerous for at least another 100 millennia–and each operating nuclear plant adds to that terrifying total by about 20 tons each year. Without a government-funded waste repository, nuclear power simply could not continue to live–and that is why, to the nuclear industry, Yucca Mountain is something that cannot die.

The Making of an Evolution: Obama “Comes Out” for Marriage Equality

(Official White House Photo by Pete Souza)

Excuse me while I channel my inner Paul Harvey. . .

So, it was weekend before the North Carolina primary–a ballot that includes the searingly homophobic Amendment 1, a measure that takes the state’s already-on-the-books “preservation of marriage” law and tattoos it on the North Carolina Constitution–and everyone knew what was about to happen. Both polling and precedent said Amendment 1 was on its way to a solid victory–what’s a White House to do?

Conveniently, the Obama Administration has this guy on staff; his name is Biden. Joe Biden.

Appearing on Sunday with NBC’s David Gregory, Vice President Biden let it out that he is “absolutely comfortable” with same-sex marriage, and the predictable media tempest followed. “There goes Joe,” or something like that ran through the reportage across the political spectrum, and “boy, does this put the President in a tough place.” It was classic bright, shiny-thing journalism–underlying issues and other big news of the weekend be damned, we have mouth-runner Joe and a contentious social issue; win-win!

Then comes Tuesday, and once again, putting minority rights up to majority vote proves a lesson on the reason we have Constitutional rights in the first place. North Carolina voters still hate “teh gay.”

Wait, what’s that you say? The Democratic National Convention is scheduled for North Carolina later this summer? Dems had already pissed off labor unions by choosing a “right to work” state for President Obama’s re-nomination party–but the unions, doing what they seem to do these days, made a little noise, then mostly fell back in line and pledged to support the Democrats in the fall. Gay rights organizations, however, have proven a little more savvy and played a little more hardball with their support–and most notably, their financial support–during Obama’s first term.

It was not a surprise, then, that those on left-leaning email lists awoke today to find petitions in their mailboxes calling for the Democrats to pull their convention from Charlotte in protest (I think the Variety hed would read: “D R&F to DNC: Pull DNC from NC, ASAP”). This was probably extra irritating for some in the White House–uh, make that in Chicago, where Obama’s reelection team is based–because there is a big fundraising gala scheduled this week in New York City, hosted by Ricky Martin and put on by the LGBT Leadership Council, Obama for America, and the Futuro Fund.

Then came the political bombshell–OK, maybe a firecracker: in a “hastily arranged” (so the story goes) interview with ABC news, President Barack Obama, famous till now for his position on marriage equality not having evolved enough to endorse it, tells a waiting nation that he now personally believes in the right of same-sex couples to marry. He had wanted to take more time before announcing this, we are told, but events–named Joe–had sped up the timetable.

Yeah, that’s what happened.

Now, it should be noted that Obama made the distinction between personally supporting marriage equality, while still saying individual states should make decisions for their populations–hardly a crusading vanguard position in the civil rights community–but it is not without some meaning for the President of the United States to speak up on this issue. (And on a personal note, I consider marriage to be such low-hanging fruit in the battle for universal equality that it is practically a potato. But, that said, what is called a “right” for some should obviously be extended to all.) But to report on the president’s “change of heart” without explaining the politics–the actual politics–at play is lazy and actually does a disservice to the LGBTQ community and to the larger debate.

Perhaps it is with that sort of gimlet eye that Slate/CBS reporter John Dickerson tweeted:

Joe Biden has such an impact on evolution you’d think if you put a amoeba next to him it would be a horse in a day.

The truth, of course, is that Gay money has such an impact on evolution that when you put a plasmodial mass of jelly next to it, it becomes a spine.

That is not an insult–it’s a lesson. Hats off to the LGBTQ groups that have worked so hard over the years–they have now twice demonstrated (with marriage equality and “Don’t Ask, Don’t Tell”) that they understand how to move the Obama administration. They should keep this in mind moving forward (and push for something tangible, like an executive order on discrimination, and not just fall in love with the president’s personal evolution)–and other parts of the president’s purported coalition should take this to heart.

And now you know. . . the rest of the story.

Good day!