Yule Fuel

Yes, it’s time for that metaphor again. If you grew up near a TV during the 1960s or ’70s, you probably remember the ever-burning Yule Log that took the place of programming for a large portion of Christmas Day. The fire burned, it seemed, perpetually, never appearing to consume the log, never dimming, and never, as best the kid who stared at the television could tell, ever repeating.

Now, if you have been watching this space about as intently as I once stared at that video hearth, perhaps you are thinking that this eternal flame is about to reveal itself as a stand-in for nuclear power. You know, the theoretically bottomless, seemingly self-sustaining, present yet distant, ethereal energy source that’s clean, safe and too cheap to meter. Behold: a source of warmth and light that lasts forever!

Yeah. . . you wish! Or, at least you’d wish if you were a part of the nuclear industry or one of its purchased proxies.

But wishing does not make it so. A quick look at the US commercial reactor fleet proves there is nothing perpetual or predictable about this supposedly dependable power source.

Both reactors at San Onofre have been offline for almost a year, after a radioactive leak revealed dangerously worn heat transfer tubes. Nebraska’s Fort Calhoun plant has been shutdown since April of 2011, initially because of flooding from the Missouri River, but now because of a long list of safety issues. And it has been 39 months since Florida’s Crystal River reactor has generated even a single kilowatt, thanks to a disastrously botched repair to its containment that has still not been put right.

October’s Hurricane Sandy triggered scrams at two eastern nuclear plants, and induced an alert at New Jersey’s Oyster Creek reactor because flooding threatened spent fuel storage. Other damage discovered at Oyster Creek after the storm, kept the facility offline for five weeks more.

Another plant that scrammed during Sandy, New York’s Nine Mile Point, is offline again (for the third, or is it the fourth time since the superstorm?), this time because of a containment leak. (Yes, a containment leak!)

Other plants that have seen substantial, unplanned interruptions in power generation this year include Indian Point, Davis-Besse, Diablo Canyon, Hope Creek, Calvert Cliffs, Byron, St. Lucie, Pilgrim, Millstone, Susquehanna, Prairie Island, Palisades. . . honestly, the list can–and does–go on and on. . . and on. Atom-heads love to excuse the mammoth capital investments and decades-long lead times needed to get nuclear power plants online by saying, “yeah, but once up, they are like, 24/7/365. . . dude!”

Except, of course, as 2012–or any other year–proves, they are very, very far from anything like that. . . dude.

So, no, that forever-flame on the YuleTube is not a good metaphor for nuclear power. It is, however, a pretty good reminder of the still going, still growing problem of nuclear waste.

December saw the 70th anniversary of the first self-sustaining nuclear chain reaction, and the 30th anniversary of the first Nuclear Waste Policy Act. If the 40-year difference in those anniversaries strikes you as a bit long, well, you don’t know the half of it. (In the coming weeks, I hope to say more about this.) At present, the United States nuclear power establishment is straining to cope with a mountain of high-level radioactive waste now exceeding 70,000 tons. And with each year, the country will add approximately 2,000 more tons to the pile.

And all of this waste, sitting in spent fuel pools and above-ground dry casks– supposedly temporary storage–at nuclear facilities across the US, will remain extremely toxic for generations. . . for thousands and thousands of generations.

There is still no viable plan to dispose of any of this waste, but the nation’s creaky reactor fleet continues to make it. And with each refueling, another load is shoehorned into overcrowded onsite storage, increasing the problem, and increasing the danger of spent fuel accidents, including, believe it or not, a type of fire that cannot be extinguished with water.

So, if you want to stare at a burning log and think about something, think about how that log is not so unlike a nuclear fuel assembly exposed to air for a day or two. . . or think of how, even if it is not actually burning, the high levels of radiation tossed out from those uranium “logs” will create heat and headaches for hundreds of thousands of yuletides to come.

Oh, and, if you are still staring at the Yule log on a cathode ray tube television, don’t sit too close. . . because, you know, radiation.

Merry Christmas.

Oyster Creek Nuclear Alert: As Floodwaters Fall, More Questions Arise

Oyster Creek Nuclear Generating Station in pre-flood mode. (photo: NRCgov)

New Jersey’s Oyster Creek Nuclear Generating Station remains under an official Alert, a day-and-a-half after the US Nuclear Regulatory Commission declared the emergency classification due to flooding triggered by Hurricane Sandy. An Alert is the second category on the NRC’s four-point emergency scale. Neil Sheehan, a spokesman for the federal regulator, said that floodwaters around the plant’s water intake structure had receded to 5.7 feet at 2:15 PM EDT Tuesday, down from a high of 7.4 feet reached just after midnight.

Water above 6.5 to 7 feet was expected to compromise Oyster Creek’s capacity to cool its reactor and spent fuel pool, according to the NRC. An “Unusual Event,” the first level of emergency classification, was declared Monday afternoon when floodwaters climbed to 4.7 feet.

Though an emergency pump was brought in when water rose above 6.5 feet late Monday, the NRC and plant owner Exelon have been vague about whether it was needed. As of this writing, it is still not clear if Oyster Creek’s heat transfer system is functioning as designed.

As flooding continued and water intake pumps were threatened, plant operators also floated the idea that water levels in the spent fuel pool could be maintained with fire hoses. Outside observers, such as nuclear consultant Arnie Gundersen, suspected Oyster Creek might have accomplished this by repurposing its fire suppression system (and Reuters later reported the same), though, again, neither Exelon nor regulators have given details.

Whether the original intake system or some sort of contingency is being used, it appears the pumps are being powered by backup diesel generators. Oyster Creek, like the vast majority of southern New Jersey, lost grid power as Sandy moved inland Monday night. In the even of a site blackout, backup generators are required to provide power to cooling systems for the reactor–there is no such mandate, however, for spent fuel pools. Power for pool cooling is expected to come either from the grid or the electricity generated by the plant’s own turbines.

As the NRC likes to remind anyone who will listen, Oyster Creek’s reactor was offline for fueling and maintenance. What regulators don’t add, however, is that the reactor still needs cooling for residual decay heat, and that the fuel pool likely contains more fuel and hotter fuel as a result of this procedure, which means it is even more at risk for overheating. And, perhaps most notably, with the reactor shutdown, it is not producing the electricity that could be used to keep water circulating through the spent fuel pool.

If that sounds confusing, it is probably not by accident. Requests for more and more specific information (most notably by the nuclear watchdog site SimplyInfo) from Exelon and the NRC remain largely unanswered.

Oyster Creek was not the only nuclear power plant dealing with Sandy-related emergencies. As reported here yesterday, Nine Mile Point Unit 1 and Indian Point Unit 3–both in New York–each had to scram because of grid interruptions triggered by Monday’s superstorm. In addition, one of New Jersey’s Salem reactors shut down when four of six condenser circulators (water pumps that aid in heat transfer) failed “due to a combination of high river level and detritus from Hurricane Sandy’s transit.” Salem vented vapor from what are considered non-nuclear systems, though as noted often, that does not mean it is completely free of radioactive components. (Salem’s other reactor was offline for refueling.)

Limerick (PA) reactors 1 and 2, Millstone (CT) 3, and Vermont Yankee all reduced power output in response to Superstorm Sandy. The storm also caused large numbers of emergency warning sirens around both Oyster Creek and the Peach Bottom (PA) nuclear plant to fail.

If you thought all of these problems would cause nuclear industry representatives to lay low for a while, well, you’d be wrong:

“Our facilities’ ability to weather the strongest Atlantic tropical storm on record is due to rigorous precautions taken in advance of the storm,” Marvin Fertel, chief executive officer of the Nuclear Energy Institute, a Washington-based industry group, said yesterday in a statement.

Fertel went on to brag that of the 34 reactors it said were in Sandy’s path, 24 survived the storm without incident.

Or, to look at it another way, during a single day, the heavily populated eastern coast of the Unite States saw multiple nuclear reactors experience problems. And that’s in the estimation of the nuclear industry’s top lobbyist.

Or, should we say, the underestimation? Of the ten reactors not in Fertel’s group of 24, seven were already offline, and the industry is not counting them. So, by Fertel’s math, Oyster Creek does not figure against what he considers success. Power reductions and failed emergency warning systems are also not factored in, it appears.

This storm–and the trouble it caused for America’s nuclear fleet–comes in the context of an 18-month battle to improve nuclear plant safety in the wake of the multiple meltdowns and continuing crisis at Japan’s Fukushima Daiichi nuclear facility. Many of the rules and safety upgrades proposed by a US post-Fukushima taskforce are directly applicable to problems resulting from Superstorm Sandy. Improvements to flood preparation, backup power regimes, spent fuel storage and emergency notification were all part of the taskforce report–all of which were theoretically accepted by the Nuclear Regulatory Commission. But nuclear industry pushback, and stonewalling, politicking and outright defiance by pro-industry commissioners has severely slowed the execution of post-Fukushima lessons learned.

The acolytes of atom-splitting will no doubt point to the unprecedented nature of this massive hybrid storm, echoing the “who could have predicted” language heard from so many after the earthquake and tsunami that started the Fukushima disaster. Indeed, such language has already been used–though, granted, in a non-nuclear context–by Con Edison officials discussing massive power outages still afflicting New York City:

At a Consolidated Edison substation in Manhattan’s East Village, a gigantic wall of water defied elaborate planning and expectations, swamped underground electrical equipment, and left about 250,000 lower Manhattan customers without power.

Last year, the surge from Hurricane Irene reached 9.5 feet at the substation. ConEd figured it had that covered.

The utility also figured the infrastructure could handle a repeat of the highest surge on record for the area — 11 feet during a hurricane in 1821, according to the National Weather Service. After all, the substation was designed to withstand a surge of 12.5 feet.

With all the planning, and all the predictions, planning big was not big enough. Sandy went bigger — a surge of 14 feet.

“Nobody predicted it would be that high,” said ConEd spokesman Allan Drury.

In a decade that has seen most of the warmest years on record and some of the era’s worst storms, there needs to be some limit on such excuses. Nearly a million New York City residents (including this reporter) are expected to be without electricity through the end of the week. Residents in the outer boroughs and millions in New Jersey could be in the dark for far longer. Having a grid that simply survives a category 1 hurricane without a Fukushima-sized nuclear disaster is nothing to crow about.

The astronomical cost of restoring power to millions of consumers is real, as is the potential danger still posed by a number of crippled nuclear power plants. The price of preventing the current storm-related emergencies from getting worse is also not a trivial matter, nor are the radioactive isotopes vented with every emergency reactor scram. All of that should be part of the nuclear industry’s report card; all of that should raise eyebrows and questions the next time nuclear is touted as a clean, safe, affordable energy source for a climate change-challenged world.

UPDATE: The AP is reporting that the NRC has now lifted the emergency alert at Oyster Creek.

Superstorm Sandy Shows Nuclear Plants Who’s Boss

Oyster Creek Nuclear Power Station as seen in drier times. (photo via wikipedia)

Once there was an ocean liner; its builders said it was unsinkable. Nature had other ideas.

On Monday evening, as Hurricane Sandy was becoming Post-Tropical Cyclone Sandy, pushing record amounts of water on to Atlantic shores from the Carolinas to Connecticut, the Nuclear Regulatory Commission issued a statement. Oyster Creek, the nation’s oldest operating nuclear reactor, was under an Alert. . . and under a good deal of water.

An Alert is the second rung on the NRC’s four-point emergency classification scale. It indicates “events are in process or have occurred which involve an actual or potential substantial degradation in the level of safety of the plant.” (By way of reference, the fourth level–a General Emergency–indicates substantial core damage and a potential loss of containment.)

As reported earlier, Oyster Creek’s coolant intake structure was surrounded by floodwaters that arrived with Sandy. Oyster Creek’s 47-year-old design requires massive amounts of external water that must be actively pumped through the plant to keep it cool. Even when the reactor is offline, as was the case on Monday, water must circulate through the spent fuel pools to keep them from overheating, risking fire and airborne radioactive contamination.

With the reactor shut down, the facility is dependant on external power to keep water circulating. But even if the grid holds up, rising waters could trigger a troubling scenario:

The water level was more than six feet above normal. At seven feet, the plant would lose the ability to cool its spent fuel pool in the normal fashion, according to Neil Sheehan, a spokesman for the Nuclear Regulatory Commission.

The plant would probably have to switch to using fire hoses to pump in extra water to make up for evaporation, Mr. Sheehan said, because it could no longer pull water out of Barnegat Bay and circulate it through a heat exchanger, to cool the water in the pool.

If hoses desperately pouring water on endangered spent fuel pools remind you of Fukushima, it should. Oyster Creek is the same model of GE boiling water reactor that failed so catastrophically in Japan.

The NRC press release (PDF) made a point–echoed in most traditional media reports–of noting that Oyster Creek’s reactor was shut down, as if to indicate that this made the situation less urgent. While not having to scram a hot reactor is usually a plus, this fact does little to lessen the potential problem here. As nuclear engineer Arnie Gundersen told Democracy Now! before the Alert was declared:

[Oyster Creek is] in a refueling outage. That means that all the nuclear fuel is not in the nuclear reactor, but it’s over in the spent fuel pool. And in that condition, there’s no backup power for the spent fuel pools. So, if Oyster Creek were to lose its offsite power—and, frankly, that’s really likely—there would be no way cool that nuclear fuel that’s in the fuel pool until they get the power reestablished. Nuclear fuel pools don’t have to be cooled by diesels per the old Nuclear Regulatory Commission regulations.

A site blackout (SBO) or a loss of coolant issue at Oyster Creek puts all of the nuclear fuel and high-level radioactive waste at risk. The plant being offline does not change that, though it does, in this case, increase the risk of an SBO.

But in the statement from the NRC, there was also another point they wanted to underscore (or one could even say “brag on”): “As of 9 p.m. EDT Monday, no plants had to shut down as a result of the storm.”

If only regulators had held on to that release just one more minute. . . .

SCRIBA, NY – On October 29 at 9 p.m., Nine Mile Point Unit 1 experienced an automatic reactor shutdown.

The shutdown was caused by an electrical grid disturbance that caused the unit’s output breakers to open. When the unit’s electrical output breakers open, there is nowhere to “push” or transmit the power and the unit is appropriately designed to shut down under these conditions.

“Our preliminary investigation identified a lighting pole in the Scriba switchyard that had fallen onto an electrical component. This is believed to have caused the grid disturbance. We continue to evaluate conditions in the switchyard,” said Jill Lyon, company spokesperson.

Nine Mile Point Nuclear Station consists of two GE boiling water reactors, one of which would be the oldest operating in the US were it not for Oyster Creek. They are located just outside Oswego, NY, on the shores of Lake Ontario. Just one week ago, Unit 1–the older reactor–declared an “unusual event” as the result of a fire in an electrical panel. Then, on Monday, the reactor scrammed because of a grid disturbance, likely caused by a lighting pole knocked over by Sandy’s high winds.

An hour and forty-five minutes later, and 250 miles southeast, another of the nation’s ancient reactors also scrammed because of an interruption in offsite power. Indian Point, the very old and very contentious nuclear facility less than an hour’s drive north of New York City, shut down because of “external grid issues.” And Superstorm Sandy has given Metropolitan New York’s grid a lot of issues.

While neither of these shutdowns is considered catastrophic, they are not as trivial as the plant operators and federal regulators would have you believe. First, emergency shutdowns–scrams–are not stress-free events, even for the most robust of reactors. As discussed here before, it is akin to slamming the breaks on a speeding locomotive. These scrams cause wear and tear aging reactors can ill afford.

Second, scrams produce pressure that usually leads to the venting of some radioactive vapor. Operators and the NRC will tell you that these releases are well within “permissible” levels–what they can’t tell you is that “permissible” is the same as “safe.”

If these plants were offline, or running at reduced power, the scrams would not have been as hard on the reactors or the environment. Hitting the breaks at 25 mph is easier on a car than slamming them while going 65. But the NRC does not have a policy of ordering shutdowns or reductions in capacity in advance of a massive storm. In fact, the NRC has no blanket protocol for these situations, period. By Monday morning, regulators agreed to dispatch extra inspectors to nuclear plants in harm’s way (and they gave them sat phones, too!), but they left it to private nuclear utility operators to decide what would be done in advance to prepare for the predicted natural disaster.

Operators and the Nuclear Regulatory Commission spokes-folks like to remind all who will listen (or, at least, all who will transcribe) that nuclear reactors are the proverbial house of bricks–a hurricane might huff and puff, but the reinforced concrete that makes up a typical containment building will not blow in. But that’s not the issue, and the NRC, at least, should know it.

Loss of power (SBOs) and loss of coolant accidents (LOCAs) are what nuclear watchdogs were warning about in advance of Sandy, and they are exactly the problems that presented themselves in New York and New Jersey when the storm hit.

The engineers of the Titanic claimed that they had built the unsinkable ship, but human error, corners cut on construction, and a big chunk of ice cast such hubris asunder. Nuclear engineers, regulators and operators love to talk of four-inch thick walls and “defense-in-depth” backup systems, but the planet is literally littered with the fallout of their folly. Nuclear power systems are too complex and too dangerous for the best of times and the best laid plans. How are they supposed to survive the worst of times and no plans at all?

Hurricane Sandy Brings Wind, Rain and Irony to US Nuclear Plants

Hurricane Sandy’s projected path as of 9 AM, Monday. (map courtesy of NOAA)

With Hurricane Sandy projected to make landfall hundreds of miles to the south and the predicted storm surge still over 24 hours away, New York City completely shuttered its mass transit system early Sunday evening. By 7 PM, all subway service was halted for only the second time in history. The fear, according to state authorities, is that heavy rainfall or the expected six-to-eleven-foot increase in tide levels would flood subway tunnels, stranding trains at various points across the 842 miles of track.

Fearing similar flooding, the Washington, DC, Metro is also expected to suspend service for all of Monday.

Twelve hours after NYC shut down its subways, at 7 AM Monday, with Hurricane Sandy lashing the Mid-Atlantic coast with heavy rain and 85 mph winds, at least a half-dozen commercial nuclear reactors lie in the storm’s projected path–and the US Nuclear Regulatory Commission has yet to issue any specific orders to the facilities it supposedly oversees. In fact, check out the NRC’s twitter feed or look at its website, and the only reference you will find to what has been dubbed “Frankenstorm” is the recently posted cancellation notice for a public hearing that was supposed to convene on Tuesday, October 30.

The subject of that meeting? The Fort Calhoun Nuclear Generating Station.

The Fort Calhoun plant sits on the Missouri River, on the eastern edge of Nebraska, near the town of Blair. Fort Calhoun’s single pressurized water reactor was shutdown for refueling in April of last year, but floods during the summer of 2011 encircled the facility and caused a series of dangerous incidents. A breach in water berms surrounded transformers and auxiliary containment buildings with two feet of water. Around that same time, a fire shut down power to Fort Calhoun’s spent fuel pools, stopping the circulation of cooling water for 90 minutes and triggering a “red event,” the second most severe classification. Outside of its reactor, the Nebraska facility is home to approximately 800,000 pounds of high-level radioactive waste. To this day, Fort Calhoun is offline and awaiting further evaluation by the NRC.

That a hearing on a flooded plant has been postponed because of the threat of flooding near NRC offices seems like the height of irony, but it pales next to the comparison of safety preparedness measures taken by New York’s Metropolitan Transit Authority for a subway and the federal government’s approach to a fleet of nuclear reactors.

That is not to say that the NRC is doing nothing. . . not exactly. Before the weekend, regulators let it be known that they were considering sending extra inspectors to some nuclear facilities in Sandy’s path. Additionally, regional officials stressed that plant operators were doing walk downs to secure any outside equipment that might become a sort of missile in the event of high winds. It is roughly the equivalent of telling homeowners to tie down their lawn furniture.

And it seems to be understood, at least at the nuclear plants in southern New Jersey, that reactors should be shutdown at least two hours before winds reach 74 mph.

To all that, the NRC made a point of assuring the public that reactor containment buildings could withstand hurricane-force winds, or any odd piece of “lawn furniture” that might be hurled at them.

That’s nice, but hardly the point.

Containment breech is always a concern, but it is not the main issue today. A bigger worry are SBOs–Station Black Outs–loss-of-power incidents that could impede a plant’s capacity to cool its reactors or spent fuel pools, or could interfere with operators’ ability to monitor everything that is going on inside those areas.

As reported last year, Hurricane Irene caused an emergency shutdown at Maryland’s Calvert Cliffs nuclear plant when aluminum siding torn off by high winds shorted out the main transformer and caused an explosion, damaging structures and equipment. Calvert Cliffs was one of the facilities that had chosen not to reduce output or shutdown in advance of Irene–especially alarming because just days before that storm, plant operators had reported trouble with its diesel backup generators.

Irene caused other problems, beyond loss of electricity to millions of consumers, public notification sirens in two emergency preparedness zones were disabled by the storm.

In sum, storm damage triggered a scram at a plant with faulty backup generators. If power had not been restored, backup would have failed, and the rising temperatures in the reactors and fuel pools would have necessitated an evacuation of the area–only evacuation would have been hampered because of widespread power outages and absent sirens.

The worst did not happen last year at Calvert Cliffs, but the damage sustained there was substantial, and the incident should serve as a cautionary tale. Shutting down a nuclear reactor doesn’t prevent every problem that could result from a severe storm, but it narrows the possibilities, reduces some dangers, and prevents the excessive wear and tear an emergency shutdown inflicts on an aging facility.

Calvert Cliffs is again in the line of fire–as are numerous other plants. Hurricane Sandy will likely bring high winds, heavy rain and the threat of flooding to nuclear facilities in Virginia, Maryland, New Jersey, New York and Connecticut. Given last year’s experiences–and given the high likelihood that climate change will bring more such events in years to come–it might have been expected that the NRC would have a more developed policy.

Instead, as with last year’s Atlantic hurricane, federal regulators have left the final decisions to private sector nuclear operators–operators that have a rather poor track record in evaluating threats to public safety when actions might affect their bottom line.

At the time of this writing, the rain in New York City is little more than a drizzle, winds are gusting far below hurricane strength, and high tide is still over ten hours away. Hurricane Sandy is over 300 miles to the south.

But Gotham is a relative ghost town. The subway turnstiles are locked; city busses are nowhere to be seen.

At the region’s nuclear facilities, however–at North Anna, Hope Creek, Salem and Oyster Creek, at Calvert Cliffs, Indian Point and Millstone–there is no such singular sense of better-safe-than-sorry mission.

In New York, it can be argued that the likes of Governor Andrew Cuomo and Mayor Michael Bloomberg have gone overboard, that they have made decisions based not just on safety, but on fears of political fallout and employee overtime. But in the Nuclear Regulatory Commission’s northeast region, there is no chance of that kind of criticism–one might even say there is no one to criticize, because it would appear that there is no one in charge.

NRC Halts License Approvals Pending New Guidelines on Nuclear Waste

A nuclear spent fuel pool. (photo: NRCgov)

The US Nuclear Regulatory Commission announced Tuesday it would suspend the issuing of new reactor operating licenses, license renewals and construction licenses until the agency crafted a plan for dealing with the nation’s growing spent nuclear fuel crisis. The action comes in response to a June ruling by the US Court of Appeals that found the NRC’s “Waste Confidence Decision”–the methodology used to evaluate the dangers of nuclear waste storage–was wholly inadequate and posed a danger to public health and the environment.

Prior to the court’s ruling, the Commission had evaluated licensing and relicensing with the assumption that spent fuel–currently stored on site at nuclear power plants in pools and dry casks–would soon be moved to a central long-term waste repository. As previously noted, that option was once thought to be Yucca Mountain, but after years of preliminary work and tens of millions of dollars wasted, Yucca was found to be a poor choice, and the Obama Department of Energy and the NRC ended the project. The confirmation of new NRC Chair Allison Macfarlane–considered a nuclear waste expert and on record as a Yucca Mountain critic–focused even more attention on the country’s lack of realistic plans for safe, permanent waste storage.

The release from the Nuclear Regulatory Commission [PDF] put it this way:

Waste confidence undergirds certain agency licensing decisions, in particular new reactor licensing and reactor license renewal.

Because of the recent court ruling striking down our current waste confidence provisions, we are now considering all available options for resolving the waste confidence issue, which could include generic or site-specific NRC actions, or some combination of both. We have not yet determined a course of action.

In recognition of our duties under the law, we will not issue licenses dependent upon the Waste Confidence Decision or the Temporary Storage Rule until the court’s remand is appropriately addressed.

What this means in real terms remains to be seen. No licenses or renewals were thought imminent. Next up were likely a decision on extending the life of Indian Point, a short drive north of New York City, and a Construction and Operation License for Florida’s Levy County project, but neither was expected before sometime next year. Officially, 19 final reactor decisions are now on hold, though the NRC stressed that “all licensing reviews and proceedings should continue to move forward.”

Still, this should be read as a victory for the originators of the suit that resulted in the June ruling–the Attorneys General of Connecticut, New Jersey, New York and Vermont in coordination with the Prairie Island Indian Community of Minnesota and environmental groups represented by the National Resources Defense Council–and most certainly for the millions of Americans that live close to nuclear plants and their large, overstuffed, under-regulated pools of dangerous nuclear waste. Complainants not only won the freeze on licensing, the NRC guaranteed that any new generic waste rule would be open to public comment and environmental assessment or environmental impact studies, and that site-specific cases would be subject to a minimum 60-day consideration period.

While there is still plenty of gray area in that guarantee, the NRC has (under pressure) made the process more transparent than most similar dealings at the agency. The commission has also, at least for the moment, formally acknowledged that the nation’s nuclear reactor fleet faces a very pressing problem.

The US has 72,000 tons of radioactive waste and generates an additional 2,000 tons every year. Spent fuel pools at individual sites are already so full they pose numerous threats, some eerily similar to the ongoing disaster at Fukushima. Dry cask storage poses other problems and much additional expense. And regional interim waste storage facilities, an idea possibly favored by Macfarlane, is problematic for many reasons, not the least of which is that no sites have yet been designated or built.

But nuclear plant operators, already burdened by the spiraling costs of a poorly maintained and aging inventory, are desperate to have the federal government take the waste problem off their backs–and off their books. Whether that is even technically feasible, let alone politically of fiscally possible, remains to be seen. But the NRC has at least recognized–or at least been forced to recognize–that the nuclear industry should not be allowed to create waste indefinitely without a plan to safely secure what is already on hand.

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.]

Court Says Regulators Must Evaluate Dangers of Nuclear Waste

A nuclear spent fuel pool. (photo: NRCgov)

The Nuclear Regulatory Commission acted improperly when it failed to consider all the risks of storing spent radioactive fuel onsite at the nation’s nuclear power facilities, so ruled a federal court on Friday.

In a unanimous ruling (PDF), a three-judge panel of the US court of appeals for the District of Columbia found that the NRC’s “Nuclear Waste Confidence Decision”–the methodology used for evaluating the dangers of long-term waste storage–was woefully inadequate:

[The Nuclear Regulatory Commission] apparently has no long-term plan other than hoping for a geologic repository. . . . If the government continues to fail in its quest to establish one, then SNF (spent nuclear fuel) will seemingly be stored on site at nuclear plants on a permanent basis. The Commission can and must assess the potential environmental effects of such a failure.

Writing for the court, Judge David Sentelle made no bones about the shortcomings of the NRC’s magical, one-size-fits-all method of assuming a future solution for the nuclear waste storage crisis. Spent fuel “poses a dangerous long-term health and environmental risk,” he said.

The suit was brought by the attorneys general of Connecticut, New Jersey, New York, and Vermont, in coordination with the Prairie Island Indian Community of Minnesota and environmental groups represented by the National Resources Defense Council.

The decision harshly criticized regulators for evaluating plant relicensing with the assumption that spent nuclear fuel–currently stored onsite in pools and dry casks–would be moved to a central long-term waste repository. As discussed here before, the only option seriously explored in the US was the Yucca Mountain site in Nevada. After years of preliminary construction and tens of millions of dollars of dollars spent, Yucca was determined to be a bad choice for the waste, and the Obama administration’s Department of Energy and the NRC halted the project.

Despite the wishful reporting of some nuclear advocates, the Yucca repository is nowhere near ready, and even if it were an active option, the facility would be many years and maybe as much as $100 million away from completion. Still, the nuclear industry and its acolytes have challenged the administration to spend any remaining money in a desperate attempt to keep alive the fantasy of a solution to their waste crisis.

Such zombified hopes, however, do not qualify as an actual plan, according to the courts.

The judges also chastised the NRC for its generic assessment of spent fuel pools, currently filled many times over capacity at nuclear plants across the United States. Rather than examine each facility and the potential risks specific to its particular storage situation, the NRC had only evaluated the safety risks of onsite storage by looking at a composite of past events. The court ruled that the NRC must appraise each plant individually and account for potential future dangers. Those dangers include leaks, loss of coolant, and failures in the cooling systems, any of which might result in contamination of surrounding areas, overheating and melting of stored rods, and the potential of burning radioactive fuel–risks heightened by the large amounts of fuel in the storage pools and underscored by the ongoing disaster at Japan’s Fukushima Daiichi plant.

The decision has immediate ramifications for plants in the northeast seeking license extensions–most notably Entergy’s Indian Point facility, less than an hour’s drive from New York City, and their Vermont Yankee plant, which is operating despite seeing its original license expire in March.

New York’s Attorney General Eric Schneiderman released a statement, which reads, in part:

This is a landmark victory for New Yorkers, and people across the country living in the shadows of nuclear power plants. We fought back against the Nuclear Regulatory Commission’s rubber stamp decision to allow radioactive waste at our nation’s nuclear power plants to be stored for decades after they’re shut down – and we won. The Court was clear in agreeing with my office that this type of NRC ‘business as usual’ is simply unacceptable. The NRC cannot turn its back on federal law and ignore its obligation to thoroughly review the environmental, public health, and safety risks related to the creation of long-term nuclear waste storage sites within our communities.

And William Sorrell, Vermont’s AG, concurred:

This outcome illustrates how important it is for states to work together on environmental matters of national importance. Today’s decision is a major victory for New York, Vermont, and all other states that host nuclear power plants. The court confirmed what Vermont and other states have said for many years now—that the NRC has a duty to inform the public about the environmental effects of long-term storage of spent nuclear fuel, particularly when it is occurring at nuclear power plants that were never designed to be long-term storage facilities.

Indeed, plants were not designed nor built to house nuclear waste long-term. The design life of most reactors in the US was originally 40 years. Discussions of the spent fuel pools usually gave them a 60-year lifespan. That limit seemed to double almost magically as nuclear operators fought to postpone the expense of moving cooler fuel to dry casks and of the final decommissioning of retired reactors.

But, as reported here last fall, outgoing NRC chief Gregory Jaczko was exploring the possibility of using onsite storage for 200 to 300 years. How these metrics will change when the new head regulator, Allison Macfarlane, is confirmed is not yet known–but Macfarlane is on record as both a Yucca skeptic and an advocate for regional interim waste storage facilities. That plan, however, has many critics, as well, can only take fuel already cool enough to be removed from pools, and, of course, has not been so much as sited or designed, let alone constructed.

While no nuclear plants will close today as a result of this decision, it should also be noted–because some reports assume otherwise–that this finding does not mean Yucca Mountain must open, either. The ruling does, however, underscore the waste crisis–and it is a crisis–faced by the US nuclear industry. No only is it generating approximately 2000 tons of new waste every year that will need an eternal resting place, pools at some plants are so full it actually complicates refueling and maintenance (since fuel needs to removed from reactors and kept cool for both procedures). Plant operators are desperate to have the federal government take on the costs and the risks of waste storage.

But without anything even close to a plan for a long-term repository, the Nuclear Regulatory Commission cannot assume a solution, says the court. Instead, it must look at reality–something the entire country would best be advised to do when evaluating the future of this dirty, dangerous and expensive energy source.