Edison Con? San Onofre Nuclear Plant Owner Proposes Reactor Restart

Containment domes or shell game? (Aerial view of San Onofre Nuclear Generating Station by Jelson25 via wikipedia)

Southern California Edison (SCE), the operator of the troubled San Onofre Nuclear Generating Station (SONGS), has proposed to restart one of the facility’s two damaged reactors without repairing or replacing the parts at the root of January’s shutdown. The Thursday announcement came over eight months after a ruptured heat transfer tube leaked radioactive steam, scramming Unit 3 and taking the entire plant offline. (Unit 2, offline for maintenance, revealed similar tube wear in a subsequent inspection; Unit 1 was taken out of service in 1992.)

But perhaps more tellingly, Edison’s plan–which must be reviewed by the Nuclear Regulatory Commission–was issued just weeks before the mandated start of hearings on rate cuts. California law requires an investigation into ratepayer relief when a facility fails to deliver electricity for nine months. Support of the zombie San Onofre plant has cost California consumers $54 million a month since the shutdown. It has been widely believed since spring that Unit 3 would likely never be able to safely generate power, and that the almost identical Unit 2 was similarly handicapped and would require a complete overhaul for its restart to even be considered.

Yet, calls for more immediate rate rollbacks were rebuffed by Edison and ignored by members of the California Public Utilities Commission (CPUC). Despite studies that showed SONGS tube wear and failure was due to bad modeling and flawed design, and a company pledge to layoff of one-third of plant employees, San Onofre’s operators claimed they were still pursuing a restart.

Thursday’s proposal for that restart does not directly engage any of the concerns voiced by nuclear engineers and watchdog groups.

When SONGS installed new turbines in 2010 and 2011, it did not replace “like with like”–that would have required a costly custom machining of parts no longer routinely manufactured. Instead, San Onofre’s owners moved to “uprate” their generators–cramming in more transfer tubes to increase output–with the nuclear industry equivalent of “off the shelf” parts. It was a transparently profit-driven decision, but more crucially, it was a major design change that should have required a lengthy license-amendment process at the NRC.

Federal regulators, however, took on faith industry assurances that changes were not that big a deal, and approved San Onofre’s massive retrofit without an extensive investigation into the plan.

What is now understood to have happened is that the design of new parts for San Onofre was based on flawed computer models that failed to anticipate new fluid dynamics, increased vibration, and more rapid wear in the numerous thin, metal, heat transfer tubes. It’s a flaw that presumably would have turned up in a more rigorous regulatory review, and, again, a problem not directly addressed by Edison’s restart plan.

Rather than repair or replace the tubes and turbines, San Onofre’s owners propose to simply plug the most severely degraded tubes in Unit 2 and then run that reactor at 70 percent power. After five months, Unit 2 would be shut down and inspected. (There was no plan offered for the future of Unit 3.)

Why 70 percent? Edison said it believes that would lessen vibration and decrease the rate of wear on the heat transfer tubes. Does that make any scientific sense? Not in the eyes of nuclear engineer Arnie Gundersen, who has produced three studies on San Onofre’s problems:

Restarting San Onofre without repairing the underlying problems first turns Southern California into a massive science experiment. Running at the reactor at a 30 percent reduction in power may not fix the problems but rather make them worse or shift the damage to another part of the generators. It’s a real gamble to restart either unit without undertaking repairs or replacing the damaged equipment.

S. David Freeman, former head of the Los Angeles Department of Water and Power, as well as the Tennessee Valley Authority, and now a senior advisor to Friends of the Earth, is even more pointed:

Neither of the reactors at San Onofre are safe to operate. While Edison may be under financial pressure to get one up and running, operating this badly damaged reactor at reduced power without fixing or replacing these leaky generators is like driving a car with worn-out brakes but promising to keep it under 50 miles an hour.

That is the scenario now before the NRC. An experimental roll of the dice within 50 miles of 8.4 million California residents, offered up with a “trust us” by the same folks who got the modeling dangerously wrong last time, versus multiple studies calling into question the viability of a plant that already has a long history of safety and engineering problems. Regulators are at least talking as if they understand:

“The agency will not permit a restart unless and until we can conclude the reactor can be operated safely,” NRC Chairman Allison Macfarlane said. “Our inspections and review will be painstaking, thorough and will not be rushed.”

The right words, but hardly reassuring ones given the commission’s past actions (or inactions) on San Onofre and numerous other dangerous events across the nation’s aging nuclear fleet.

The sting that keeps on stinging

But does NRC approval really matter to Southern California Edison, at least in the short run?

Operating only one of San Onofre’s reactors at two-thirds of its proposed output for five months sometime next year–which is the best-case scenario–does not provide a meaningful addition to California’s near- or long-term energy outlook. (California officials are already making plans for another year without San Onofre.) In addition, San Onofre has other problems to address, such as aforementioned staffing issues, new seismic evaluations required in the wake of the Fukushima disaster, newfound safety lapses, and ongoing concerns about the quality of the concrete used to plug 28-foot holes in both reactors’ containment domes (the holes were cut for installation of the new turbines, inquiries about the strength and durability of the concrete were made a year ago, but, to date, the NRC has not released a report).

But Thursday’s proposal does provide Edison with a modicum of cover going into an October 9 public information session and the upcoming debate over whether California consumers should still have to pay for a power plant that provides no power.

Indeed, billing for services not rendered could be considered a profit center for the US nuclear industry. San Onofre is but one case; ratepayers in Florida are also familiar with the scam.

The same day SCE submitted its SONGS plan, attorneys for the Florida Public Service Commission (PSC), Progress Energy and Florida Power & Light (FPL), appeared before the Florida Supreme Court to defend an “advance fee” that has allowed the utilities to soak Sunshine State ratepayers for upwards of $1 billion. The money collected, and additional fees approved last year by the PSC, are slated for the construction of new nuclear reactors in Levy County and at Turkey Point.

The court challenge was brought by the Southern Alliance for Clean Energy, which contends there is little evidence Progress or FPL can or ever really intend to build the new facilities. Indeed, FPL has spent some of its takings on existing operations, while Progress has blown hundreds of millions of dollars trying to repair its Crystal River nuclear plant, which has been offline since 2009, and likely will never return to service.

What do attorneys for the utilities say when challenged on these points? That their intent is borne out by the fact that both are still seeking construction and operating licenses from the Nuclear Regulatory Commission.

There is no indication NRC approval on those projects is imminent (in fact, no NRC approvals of any projects are imminent), nor are there any guarantees that the projects could be fully financed even with licenses and all that ratepayer cash.

But, be it for future fantasies or current failures, from Florida to California, electricity consumers are paying higher prices to perpetuate the myth of a nuclear renaissance and balance the books of the nuclear industry. . . while industry officials, lobbyists and favored politicians pocket a healthy share.

And not satisfied with that cushy arrangement, San Onofre’s operators are also pushing for permission to move its ratepayer-financed decommissioning fund into riskier investment properties. The industry promises this will bring higher yields, but, of course, it also chances bigger losses–and it guarantees larger fees, which would be passed on to Southern California consumers upon CPUC approval.

None of these actions–not the investment games, the rate hikes or the experiment with San Onofre’s damaged reactor–are actually about providing a steady supply of safe, affordable energy. These are all pecuniary plays. Across the country and across the board, nuclear operators seem more interested in cashing in than putting out.

More prudent for governments and utility commissions, and more beneficial for ratepayers, of course, would be to stop paying the vig to nuclear’s loan sharks, stop throwing good money after bad in a sector that is dying and dangerous, and start making investments in truly clean, truly renewable, and increasingly far more economical 21st Century energy technologies.

Until that happens, the most profitable thing about nuclear power will continue to be the capacity to charge for a service that might never be provided. Private utilities have understood this for a long time; ratepayers are becoming painfully aware of it, too. The question is, when will government regulators and utility commissions understand it–or at least fess up to being in on the con?

* * * *

Stop the Madness! Or at least learn more about it. Join me on Saturday, October 13, at 5 PM Eastern time (2 PM Pacific) when I host an FDL Book Salon chat with Joseph Mangano, author of Mad Science: The Nuclear Power Experiment.

San Onofre, 1968 – 2012

San Onofre Nuclear Generating Station, dead at 44. (photo: Joe Wolf)

San Onofre Nuclear Generating Station, the twin-reactor power plant that spread its isotopic glow across coastal communities from Los Angeles to San Diego, was declared dead last week. SONGS, as it was affectionately known, was 44, though many of its parts are considerably younger.

Originally conceived as a single Westinghouse pressurized water reactor in 1964, San Onofre was officially commissioned on January 1, 1968. Two additional units were brought online in the early 1980s. The original Unit 1 was closed permanently in 1992, and stands as a radiant monument to nuclear’s 20th Century aspirations.

With its proximity to seismic fault lines and a history of accidents, security breaches and safety complaints, SONGS has long been deemed one of the most difficult siblings in its nuclear family. Units 2 and 3 have been offline since January of this year due to a leak of radioactive steam from a heat transfer tube. Subsequent inspections of the tubes–completely redesigned and replaced when SONGS got an extreme makeover in 2010 and 2011–revealed alarming rates of wear previously unseen at any similar facility. Both reactors have been considered too damaged to simply restart since the initial discovery.

Though multiple scientists, engineers, public interest groups and government agencies diagnosed San Onofre’s troubles as terminal early in the year, Southern California Edison and San Diego Gas & Electric, SONGS’ “guardians” held out hope (or more likely just put on a brave face for the sake of family and friends–also known as “shareholders”) that their beloved ward could be revived. A decision last month to remove the nuclear fuel from Unit 3 made it hard to maintain that façade, and news late last week that the utilities were planning for a 2013 summer without any power produced or transferred by San Onofre made it clear that even SONGS’ oldest friends understood it was time to “pull the plug,” as electrical types are wont to say.

San Onofre is survived by its California cousin, Diablo Canyon, and 100 other frail and faltering nuclear reactors nationwide. At the time of this writing, funeral arrangements have still not been made official.

* * * *

And there’s the rub. While it is the present reality and the obvious future, the final shuttering of San Onofre has not been made official. Not by its operators, and not yet even by the California Public Utilities Commission. Acknowledging the nuclear plant’s demise would trigger a review process that would result in rate reductions for Edison and SDG&E customers. Those reviews will kick in automatically in a couple of months because SONGS has failed to generate a single kilowatt of electricity from February on, but the owner-operators of the plant have fought to drag the process out to its longest legal limit, despite the widespread understanding that a restart of even one reactor is at best very far off and likely just never to be.

The head of the Nuclear Regulatory Commission, Allison Macfarlane, has asked for a letter from Edison detailing the “root causes” of the leak and tube degradation. Edison said that letter would be delivered by the end of the first week in October. That letter will not contain any kind of a plan for a restart of Unit 2 (no one is talking about restarting Unit 3), and the NRC will have to review Edison’s report for months before there is any possibility of repair work (realistically, there should be no possibility of repair to Unit 2, since its damage is comparable to the essentially condemned third unit, but this is how these things play out, and, sadly, stranger things have happened).

Meanwhile, Edison has announced it will cut San Onofre’s workforce by one-third (730 jobs), another clear signal that nothing like a restart will be happening any time in the predictable future.

With this reality universally understood and effectively acknowledged by all parties, the NRC should stop wasting resources on any plan for a restart, and start asking the tough questions about decommissioning SONGS. And it borders on corrupt that SCE and SDG&E are still charging ratepayers $54 million a month for service not rendered, with no promise that it ever will be. The California PUC should remove San Onofre from the utilities’ rate base now.

Shockingly, some on the CPUC are looking to make this scandalous situation worse. Over the life of San Onofre, utilities customers have paid into a decommissioning fund–and though the balance in that account now approaches $3 billion, it is still considered underfunded by at least 25 percent. And now, one commissioner, Tim Simon, a former securities industry attorney, is publicly advocating lifting limits on how that money could be invested, arguing that riskier bets would yield higher returns. This suggestion was voiced last week, after the decision was made to remove the fuel from Unit 3, after the NRC made it clear that a restart of Unit 2 was far from guaranteed, and, of course, over eight months after SONGS stopped generating power altogether. It also comes after the NRC announced a delay in any final decisions on relicensing until the government developed a new radioactive waste disposal scheme, a process expected to take at least two years.

Consumer advocate Matt Freedman of The Utility Reform Network (TURN) sees this idea for what it is–socialized risk, privatized return:

“It‘s a maxim of retirement planning that as you get closer to your own personal retirement, your investments get more conservative,” Freedman said, “not more risky. But in this case, Commissioner Simon is suggesting that as these units near their retirement, that we should begin to invest more of the money in very risky investments.”

Freedman said the proposal on the table appears designed to benefit investment managers who would charge higher fees for new categories of investments. He said without a lot of time to ride out market fluctuations, ratepayers could be left on the hook for any depletion of the fund caused by market drops.

Naturally, San Diego Gas & Electric finds Simon’s idea appealing, but in the same breath, the company notes such a move means higher fees–fees that could be passed on to ratepayers with CPUC approval. It appears to be another sign that the utilities are looking to cash in before San Onofre officially is forced to check out.

But in times of trouble, responsibility ultimately rests with the family (aka the shareholders) to confront the hard truths. Owners of Edison and SDG&E stock should demand that the boards of these companies stop wasting shareholders’ money and everyone’s time and get on with divesting from their dirty, dangerous, and expensive involvement with nuclear power.

A public wake–also known as a public meeting–will be held for San Onofre by the NRC on October 9 from 6 to 9:30 PM at the St. Regis Monarch Beach Hotel in Dana Point. Mourning attire optional.

End-of-Summer News Puts Nuclear Renaissance on Permanent Vacation

Calvert Cliffs Nuclear Power Plant, Units 1 & 2, near Lusby Maryland. (photo: NRCgov)

The Nuclear Regulatory Commission cannot issue a license for the construction and operation of a new nuclear reactor in Maryland–that is the ruling of the NRC’s Atomic Safety and Licensing Board (ASLB) handed down Thursday.

In their decision, the ASLB agreed with intervenors that the Calvert Cliffs 3 reactor project planned for the shores of Chesapeake Bay violated the Atomic Energy Act’s prohibition against “foreign ownership, control, or domination.” UniStar, the parent company for the proposal, is wholly owned by French energy giant Électricité de France (EDF).

EDF had originally partnered with Constellation Energy, the operator of two existing Calvert Cliffs reactors, but Constellation pulled out of the project in 2010. At the time, Constellation balked at government requirements that Constellation put $880 million down on a federal loan guarantee of $7.6 billion (about 12 percent). Constellation wanted to risk no more than one or two percent of their own capital, terms the feds were then willing to meet if Constellation and EDF could guarantee the plant’s completion. Constellation also found that requirement too onerous.

Constellation has since been purchased by Exelon.

The ASLB decision technically gives EDF 60 days to find a new American partner, but given the history and the current state of the energy market, new suitors seem highly unlikely. It marks only the second time a license has been denied by the ASLB. (The first, for the Byron, Illinois plant in 1984 was overturned on appeal. Byron opened the next year, and Illinois’s groundwater has never been the same.) The NRC also declined to grant a license to the South Texas Project late last year when US-based NRG Energy (corporate ID courtesy of the Department of Redundancy Department) pulled out of the project, leaving Japanese-owned Toshiba as the only stakeholder.

The Calvert Cliffs intervenors were led by the Nuclear Information and Resource Service (NIRS), which has been fighting Calvert Cliffs 3 almost since its inception. NIRS was joined by Beyond Nuclear, Public Citizen and Southern Maryland CARES.

Michael Mariotte, Executive director of NIRS, called Thursday’s decision “a blow to the so-called ‘nuclear renaissance,'” noting that back in 2007, when permit requests were submitted for Calvert Cliffs 3, the project was considered the “flagship” of a coming fleet of new reactors. “Now,” said Mariotte, “it is a symbol for the deservedly failed revival of nuclear power in the US.”

A symbol, yes, but far from the only symbol.

Earlier in the week, Exelon notified the Nuclear Regulatory Commission that it would withdraw its application for an “early site permit” for a proposed nuclear facility near Victoria, Texas. A combined construction and operating license was originally sought for two reactors back in 2008, but by 2010, with demand down and nuclear costs continuing to skyrocket, Exelon backed off that request, essentially downgrading it to “just keeping a toe in the water” status.

Now, with the price of a new nuke plant climbing higher still–even though the economy remains sluggish–and with natural gas prices continuing to fall, that toe has been toweled dry. “Today’s withdrawal brings an end to all project activity,” said an Exelon statement issued Tuesday.

And on Monday, the operators of the troubled San Onofre Nuclear Generating Station let it be known that they would start removing the radioactive fuel from Unit 3 sometime in September. Unit 3 has been offline since it scrammed after a heat exchange tube leaked radioactive steam at the end of January. Later inspection revealed that numerous tubes on the unit, as well as on its previously shut-down twin, showed alarming and dangerous amounts of wear.

Removing the fuel rods all-but-confirms what most experts already knew: SONGS 3 will never come back online. Southern California Edison, the plant’s majority operator, might not want to admit that, but earlier in August, SCE announced plans for 730 layoffs, roughly a third of the plant’s workforce. That size of reduction makes repairing, testing and restarting both San Onofre reactors unfeasible. Or, to look at it through the other end of the telescope, as David Lochbaum, director of the Union of Concerned Scientists put it, “reducing the scope of required work at the jobsite is a good thing to do before discharging workers.”

Mothballing Unit 3 will reduce the workload, but with the entire facility offline for most of this year, SONGS is already an economic sinkhole. Strangely, despite failing to generate a single kilowatt of energy in eight months, SCE and co-owner San Diego Gas & Electric have continued to collect $54 million of revenue every month from California ratepayers.

The California Public Utilities Commission has to investigate rate cuts when a plant fails to deliver for nine months (so, officially, November and December, for the two SONGS reactors), but that process would start sooner if it were determined that a reactor would never come back into service. Neither San Onofre reactor will restart before the end of the year, and it is now clearer than a San Diego summer sky that the number 3 reactor never will. Scientists know this, engineers know this, utilities commissioners know this, and even Southern California Edison knows this–but SCE won’t say it because that would hasten the start of rate rollbacks.

Calvert Cliffs being in the news this time of year also calls to mind how well nuclear plants do in hurricanes. . . as in, not very well at all. Last year, as Hurricane Irene marched up the Atlantic coast, the two existing reactors at Calvert Cliffs had to scram when a dislodged piece of siding caused a short in the main transformer and an “unanticipated explosion within the Protected Area resulting in visible damage to permanent structures or equipment.”

As fate would have it, this year’s “I” storm, Isaac, necessitated the shutdown of Entergy’s Waterford plant, outside of New Orleans. In fact, many plants are required to shutdown when facing winds in excess of 74 mph, “rendering them,” as Beyond Nuclear put it, “a liability, rather than an asset during a natural disaster.”

And Hurricane Isaac was but one possible symptom of a warming climate that has proven problematic for nuclear plants this summer. Braidwood, Illinois and Millstone in Connecticut had to curtail output or temporarily shutdown this summer because the source water used for cooling the reactors rose above prescribed limits. With summer temperatures expected to climb even more in coming years–and with droughts also anticipated–incidents like these (and like those at Hope Creek, New Jersey, and Limerick, Pennsylvania, in 2010) will become more frequent, leaving nuclear power less able to deliver electricity during the months when it is most in demand.

Of course, the summer of 2012 has also had its share of what might be called “classic” nuclear plant problems–power supply failures, radioactive leaks, and other so-called “unusual incidents.” One of the most recent, yet another accident at Palisades in Michigan:

On Sunday [August 12], Palisades shut down due to a leak of radioactive and acidic primary coolant, escaping from safety-critical control rod drive mechanisms attached to its degraded lid, atop its “worst embrittled reactor pressure vessel in the U.S.”

And all of the above has happened during a summer when the NRC finally acknowledged (or, more accurately, when a federal court ordered the NRC to acknowledge) that it could no longer pretend the US had a solution for its nuclear waste storage crisis. The commission has stopped issuing new operating licenses, license extensions and construction licenses until it can craft a plan for dealing with the mountains of spent nuclear fuel continuing to accumulate at nuclear facilities across the country.

So, there is no nuclear renaissance. There wasn’t one before this summer–there wasn’t even one before everyone came to know about the Fukushima disaster. The dangers and costs that have followed nuclear power since its inception have firmly branded it as a technology of the past. The events of 2011 and 2012 have provided more evidence that nuclear power is done as a meaningful energy proposition. The sooner America can also be done with the myth of a possible, sometime, “who knows when,” “maybe next year” nuclear renaissance, the sooner the federal government can stop propping up the unsafe and unviable nuclear industry. And the sooner the US can begin a real technological and economic rebirth.

Breaking: NRC Cites San Onofre Nuclear Plant for Lapse in Security

An aerial view of the troubled San Onofre Generating Station. (photo: Jelson25 via Wikipedia)

The US Nuclear Regulatory Commission hit Southern California Edison’s San Onofre Nuclear Generating Station (SONGS) with a violation for what it called a lapse in plant security, the agency announced late Thursday.

The NRC noted the violation during a four-day inspection in May. SONGS has been completely offline since January, when a radioactive leak led to the discovery of severely degraded heat exchanger tubes in both of the plant’s (nominally) operating reactors. (In July, the NRC released its report on the tube failures, saying that although plant operators had made major design changes that affected the stability of the tubes, they had not violated any laws.)

Regulators said Edison “failed to develop procedures to monitor electronic devices related to security,” but the NRC has withheld most of the details of the violation.

San Onofre has a long list of safety and security problems dating back long before the latest tube debacle. In January, around the same time as the radioactive leaks, a SONGS worker accidentally fell into one of the facility’s spent fuel storage pools while trying to retrieve a dropped flashlight. And just two weeks ago, an investigation uncovered a staggering number of fire safety violations that continue to go uncorrected, despite previous NRC warnings.

Thursday’s notice of violation comes just days after a high-ranking official on California’s Public Utilities Commission said that SCE and San Diego Gas & Electric should not be allowed to collect revenue on a plant that is not generating any electricity:

Joseph P. Como, head of the PUC’s Division of Ratepayer Advocates, sent a letter to the commissioners this week stating they should “remove [San Onofre] from Southern California Edison’s … and San Diego Gas & Electric’s… rate base now instead of waiting several more months and allowing hundreds of millions of dollars in needless costs to be borne by customers.”

And, as noted in the Orange County Register, that cost is substantial:

Edison, the plant’s operator, is charging ratepayers about $54 million per month for a nonproducing plant, the letter said. Edison holds 78 percent of the plant’s ownership, SDG&E owns 20 percent, and Riverside 1.8 percent, the CPUC said.

While the PUC has a provision to investigate rate cuts when plants are down for over nine months (which would be November and December for the two SONGS reactors), Como noted that San Onofre is almost certain not to restart before then, if it is ever to restart at all. The full commission has twice postponed votes on an earlier investigation.

In moving for earlier action, Como referenced a 1982 decision that upheld rules requiring that power plants actually function to be included in the rate base. The California Supreme Court agreed, saying a facility must be “used and useful.”

“It seems very obviously that a fundamental prerequisite for a power generator to be considered “used and useful” is that it actually be generating power,” Como writes. “SONGS does not meet this test.”

Southern California Edison released a letter stating that it looks forward to working with the commission through the normal, long, dragged-out process.

As for the security violation, all the utility would say was that the problem had been addressed.

Word of the latest SONGS violation comes the same week as an NRC announcement of an investigation into violations at North Carolina’s Harris Nuclear Plant [PDF], and a demand from Representative Dennis Kucinich (D-OH) that the regulator’s Inspector General investigate the way the NRC handled the restart of Davis-Besse after cracks were discovered in its containment building.

Edison may think it has addressed its problems, and the NRC might think its process addresses the problems of the country’s nuclear fleet as a whole, but the regular drumbeat of security and safety violations coupled with the perpetual fleecing of the public till calls for a paraphrase of a famous line from the movie The Princess Bride: Address. You keep using that word. I do not think it means what you think it means.

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.

NRC Report on San Onofre: Close Enough for Government Work

An aerial view of the San Onofre Generating Station. (photo: Jelson25 via Wikipedia)

The Nuclear Regulatory Commission released its report on recent failures at the San Onofre nuclear facility [PDF] on Thursday, stating that, as far as the government regulator was concerned, the operators of the power plant did nothing wrong when they reported major design changes as simple equipment replacement.

At issue at the San Onofre Nuclear Generating Station (SONGS) is the replacement of two giant steam generators less than two years ago. A metal heat-transfer tube in one generator ruptured in January, releasing superheated radioactive steam and triggering a shutdown. Further examination of that generator and its twin revealed unprecedented and unsettling rates of wear in hundreds of other tubes. SONGS has been completely offline ever since.

Investigation of the problem by plant operators and the NRC, as well as independent watchdogs, found that flaws in the computer modeling of the radically redesigned replacement generators lead to building and installing tubing that vibrated substantially more than was anticipated, and substantially more than the equipment could tolerate. Within 18 months of starting up the retrofitted reactors, vibration caused rapid degradation of the metal tubes, resulting in the rupture.

Still, according to the NRC, no laws were broken. Southern California Edison (a division of Edison International, the majority owner of SONGS) did not mislead regulators about the extent of the changes. Federal officials were not lax in their oversight. Things may not have gone exactly as planned, but no one on this side of the Pacific was to blame. Maybe the Japanese at Mitsubishi Heavy Industries, the folks who built the replacement parts, have some ‘splainin’ to do, but SCE and the NRC performed just like they were supposed to.

And that’s exactly the point, isn’t it?

To any outside observer (well, to any observer willing to plow through technical data and design specs), the replacement generators at San Onofre were quite obviously a major redesign–something requiring a more careful, time-consuming and, yes, costly government approval process. Mitsubishi was not the original manufacturer of the SONGS generators, and Edison was not looking to have Mitsubishi machine exact replacement parts. That would have been more expensive–much more expensive.

Instead, SCE sought out what would be the nuclear industry equivalent of “off the shelf” parts, and hoped to engineer a way to make them work with their 30-year-old reactors. Further, Edison desired to increase the output of this power plant. More power theoretically equals more profit–and, to oversimplify the technical details, more tubes could equal more power. The new generators had many times more heat-transfer tubes than the originals.

So, the major design changes at San Onofre were, to turn a phrase, very much by design. But to call them major design changes would have increased the cost, the time, and the amount of oversight required, so, as the NRC report seems to make clear, the rules are written to insure that such changes pass under the regulatory radar:

The agency staff investigation concluded that Edison “provided the NRC with all the information required under existing regulations about proposed design changes to its steam generators,” according to a statement.

But a key question remains under study: Does the agency need to change the process that was used to approve the replacement generators? At issue is whether tubing problems that eventually sidelined the reactors might have been identified by changing rules under which utilities swap equipment at nuclear power plants.

For example, the report concluded that there were “major design changes” between the original and replacement generators at San Onofre, yet they qualified as essentially identical replacements that did not require an exhaustive review by the NRC.

Show me what regulatory capture looks like; this is what regulatory capture looks like

The “letter is willing but the spirit is weak” tone of the San Onofre report seems especially poignant/disturbing coming, as it does, within a fortnight of the latest Japanese report on the Fukushima disaster. That lengthy study found that government officials colluded with the nuclear industry to avoid upgrades and evade scrutiny, resulting in a severe undermining of public safety. Summaries of that report focused on aspects described as unique to Japanese culture, but the NRC’s San Onofre findings demonstrate that this well-choreographed dance between industry and regulators crosses cultural and national boundaries.

The SONGS report also comes the same week as a party thrown by supporters of the recently deposed NRC chairman, Gregory Jaczko:

A cadre of veterans from the office of Senate Majority Leader Harry Reid (D-Nev.) are organizing an effort to pay down the legal debts taken on by Gregory Jaczko, the former chairman of the Nuclear Regulatory Commission, who stepped down amid a fierce industry-backed assault.

Jaczko, a former Reid staffer, racked up tens of thousands in legal fees defending himself. The thinking behind the fundraising effort is straightforward: High-level staffers for top senators can command high salaries in the private sector, many times more than can be earned in public service. So former Reid staffers who have spent their post-Senate years in more lucrative pursuits are coming to the aid of a colleague who made a different, and quite costly, decision.

. . . .

Jaczko’s former colleagues will gather Tuesday evening with Reid and Rep. Ed Markey (D-Mass.), another former boss of his, to thank him for his time on the nuclear panel. (No fundraising can legally take place while Reid and Markey are at the event, organizers said.)

. . . .

The industry’s two top representatives, Alex Flint and Marvin Fertel of the Nuclear Energy Institute, are planning to attend the event, said Karen Wayland, a former Reid staffer who, along with [another former Reid aid Susan] McCue, spearheaded the effort.

Tuesday’s event will also co-hosted by Jimmy Ryan, Dayle Cristinzio and Kai Anderson, high-powered corporate lobbyists who were senior aides to Reid.

Since the writing of that story, the event took place and Senator Reid’s Searchlight Foundation has made known its intention to donate $10,000 to Jaczko’s defense fund.

To be clear, what happened to Jaczko, who was forced out after he advocated for modest safety improvements at US nuclear plants and coordinated with the Department of Energy to end work on the Yucca Mountain nuclear waste project, is itself a lesson in regulatory capture. The US nuclear industry sees any new safety requirements as a threat to their bottom line, and it desperately needs the federal government to find a storage solution for their vast piles of highly radioactive spent fuel and related waste–and so Jaczko was purged and a message was sent.

But, as the guest list would tell you, it is hard to call anyone in this crowd a pure hero. When key figures behind your ouster are also guests at your farewell party and fundraiser, you have to ask yourself if you were really that tough–and everyone around you has to see that industry and government are too cozy.

Close is not good

If online etymologies are to be believed, the expression “close enough for government work” has its origins in the World War II saying, “Good enough for government work.” Back then, the saying was understood to mean that the government had exacting standards, so if the work could pass government inspection, then it could meet any benchmark.

The phrase quickly devolved, however, into its sarcastic opposite–defense contracting will have that effect–and now “close enough for government work” means barely acceptable.

And government–at least when it comes to agencies like the Nuclear Regulatory Commission–has sought to live up to that new understanding ever since.

But when it comes to nuclear power, with the ominous safety implications of substandard work and lax oversight, close enough is not good enough. And if government and industry “working closely” on a problem means what it seems to have at San Onofre, then “close” pretty much never means “good.”

Made in Japan? Fukushima Crisis Is Nuclear, Not Cultural

(photo: Steve Snodgrass)

Since the release of the Fukushima Nuclear Accident Independent Committee’s official report last week, much has been made of how it implicates Japanese culture as one of the root causes of the crisis. The committee’s chairman, Dr. Kiyoshi Kurokawa, makes the accusation quite plainly in the opening paragraphs of the executive summary [PDF]:

What must be admitted – very painfully – is that this was a disaster “Made in Japan.” Its fundamental causes are to be found in the ingrained conventions of Japanese culture: our reflexive obedience; our reluctance to question authority; our devotion to ‘sticking with the program’; our groupism; and our insularity.

That this apparently critical self-examination was seized upon by much of the western media’s coverage of the report probably does not come as a surprise–especially when you consider that this revelation falls within the first 300 words of an 88-page document. Cultural stereotypes and incomplete reads are hardly new to establishment reportage. What might come as a shock, however, is that this painful admission is only made in the English-language version of the document, and only in the chairman’s introduction is the “made in Japan” conclusion drawn so specifically.

What replaces the cultural critique in the Japanese edition and in the body of the English summary is a ringing indictment of the cozy relationship between the Japanese nuclear industry and the government agencies that were supposed to regulate it. This “regulatory capture,” as the report details, is certainly central to the committee’s findings and crucial to understanding how the Fukushima disaster is a manmade catastrophe, but it is not unique to the culture of Japan.

Indeed, observers of the United States will recognize this lax regulatory construct as part-and-parcel of problems that threaten the safety and health of its citizenry, be it in the nuclear sector, the energy sector as a whole, or across a wide variety of officially regulated industries.

No protection

The Japanese Diet’s Fukushima report includes a healthy dose of displeasure with the close ties between government regulators and the nuclear industry they were supposed to monitor. The closed, insular nature of nuclear oversight that might be attributed to Japanese culture by a superficial read is, in fact, a product of the universally familiar “revolving door” that sees industry insiders taking turns as government bureaucrats, and regulatory staff “graduating” to well-compensated positions in the private sector.

Mariko Oi, a reporter at the BBC’s Tokyo bureau, described the situation this way when discussing the Fukushima report on the World Service:

When there was a whistleblower, the first call that the government or the ministry made was to TEPCO, saying, “Hey, you’ve got a whistleblower,” instead of “Hey, you’ve got a problem at the nuclear reactor.”

A disturbing betrayal of accountability in any context, it is especially troubling with the ominous repercussions of the Fukushima disaster still metastasizing. And it is also ominously familiar.

Look, for example, just across the Pacific:

[San Onofre Nuclear Generating Station] was chastised two years ago by the U.S. Nuclear Regulatory Commission for creating an atmosphere in which employees fear retaliation if they report safety concerns.

. . . .

Edward Bussey, a former health physics technician at the plant, sued Edison in state court after he was fired in 2006 under what he said were trumped-up charges that he had falsified initials on logs documenting that certain materials had been checked for radiation. Bussey contended that he was really fired in retaliation for complaining about safety concerns to his supervisors and the NRC.

San Onofre–SONGS, if you will–has been offline since January when a radioactive steam leak led to the discovery of severely degraded copper tubing in both of the plant’s existing reactors. But here’s the real kicker: whistleblower suits at SONGS, like the one from Mr. Bussey, have routinely been summarily dismissed thanks to a little known legal loophole:

San Onofre is majority owned and operated by Southern California Edison, a private company, but it sits on land leased from the Camp Pendleton Marine Corps base.

That puts the plant in a so-called federal enclave, where courts have held that many California laws, including labor laws intended to protect whistle-blowers, do not apply.

Lawsuits filed in state court by San Onofre workers who claimed that they were fired or retaliated against for reporting safety concerns, sexual harassment and other issues have been tossed out because of the plant’s location.

The Los Angeles Times cites examples dating back to the construction of San Onofre where personnel who complained about safety or work conditions were terminated and left without many of the legal options normally afforded most California citizens. The history of SONGS is liberally peppered with accidents and safety breaches–and the lies and cover-ups from its owner-operators that go with them. Considering that San Onofre employees are regularly punished for exposing problems and have fewer whistleblower protections, is it at all surprising that SONGS is reported to have the worst safety record of all US nuclear plants?

If San Onofre’s track record isn’t evidence enough of the dangers of weak regulation, the findings and conclusions of the latest Fukushima report make it crystal clear: “safety culture” is not undermined by Japanese culture so much as it is by the more international culture of corruption born of the incestuous relationship between industry and regulators.

It’s a nuclear thing…

But the corrupt culture–be it national or universal–is itself a bit of a dodge. As noted by the Financial Times, the Japanese and their regulatory structure have managed to operate the technologically complex Shinkansen bullet trains since 1964 without a single derailment or fatal collision.

As the Diet’s report makes abundantly clear–far more clear than any talk about Japanese culture–the multiple failures at and around Fukushima Daiichi were directly related to the design of the reactors and to fatal flaws inherent in nuclear power generation.

Return for a moment to something discussed here last summer, The Light Water Paradox: “In order to safely generate a steady stream of electricity, a light water reactor needs a steady stream of electricity.” As previously noted, this is not some perpetual motion riddle–all but one of Japan’s commercial nuclear reactors and every operating reactor in the United States is of a design that requires water to be actively pumped though the reactor containment in order to keep the radioactive fuel cool enough to prevent a string of catastrophes, from hydrogen explosions and cladding fires, to core meltdowns and melt-throughs.

Most of the multiple calamities to befall Fukushima Daiichi have their roots in the paradox. As many have observed and the latest Japanese report reiterates, the Tohoku earthquake caused breaches in reactor containment and cooling structures, and damaged all of Fukushima’s electrical systems, save the diesel backup generators, which were in turn taken out by the tsunami that followed the quake. Meeting the demands of the paradox–circulating coolant in a contained system–was severely compromised after the quake, and was rendered completely impossible after the tsunami. Given Japan’s seismic history, and the need of any light water reactor for massive amounts of water, Fukushima wouldn’t really have been a surprise even if scientists hadn’t been telling plant operators and Japanese regulators about these very problems for the last two decades.

Back at San Onofre, US regulators disclosed Thursday that the damage to the metal tubes that circulate radioactive water between the reactor and the steam turbines (in other words, part of the system that takes heat away from the core) was far more extensive than had previously been disclosed by plant operators:

[Each of San Onofre's steam generators has] 9,727 U-shaped tubes inside, each three-quarters of an inch in diameter.

The alloy tubes represent a critical safety barrier — if one breaks, there is the potential that radioactivity could escape into the atmosphere. Also, serious leaks can drain protective cooling water from a reactor.

Gradual wear is common in such tubing, but the rate of erosion at San Onofre startled officials since the equipment is relatively new. The generators were replaced in a $670 million overhaul and began operating in April 2010 in Unit 2 and February 2011 in Unit 3.

Tubes have to be taken out of service if 35 percent — roughly a third — of the wall wears away, and each of the four generators at the plant is designed to operate with a maximum of 778 retired tubes.

In one troubled generator in Unit 3, 420 tubes have been retired. The records show another 197 tubes in that generator have between 20 percent and 34 percent wear, meaning they are close to reaching the point when they would be at risk of breaking.

More than 500 others in that generator have between 10 percent and 19 percent wear in the tube wall.

“The new data reveal that there are thousands of damaged tubes in both Units 2 and 3, raising serious questions whether either unit should ever be restarted,” said Daniel Hirsch, a lecturer on nuclear policy at the University of California, Santa Cruz, who is a critic of the industry. “The problem is vastly larger than has been disclosed to date.”

And if anything, the Nuclear Regulatory Commission is underplaying the problem. A report from Fairewinds Associates, also released this week, unfavorably compared San Onofre’s situation with similar problems at other facilities:

[SONGS] has plugged 3.7 times as many steam generator tubes than the combined total of the entire number of plugged replacement steam generator tubes at all the other nuclear power plants in the US.

The report also explains that eight of the tubes failed a “pressure test” at San Onofre, while the same test at other facilities had never triggered any more than one tube breach. Fairewinds goes on to note that both units at San Onofre are equally precarious, and that neither can be restarted with any real promise of safe operation.

And while the rapid degeneration of the tubing might be peculiar to San Onofre, the dangers inherent in a system that requires constant power for constant cooling–lest a long list of possible problems triggers a toxic crisis–are evident across the entire US nuclear fleet. Cracked containment buildings, coolant leaks, transformer fires, power outages, and a vast catalogue of human errors fill the NRC’s event reports practically every month of every year for the past 40 years. To put it simply, with nuclear power, too much can go wrong when everything has to go right.

And this is to say nothing of the dangers that come with nuclear waste storage. Like with the reactors, the spent fuel pools that dot the grounds of almost every nuclear plant in America and Japan require a consistent and constantly circulating water supply to keep them from overheating (which would result in many of the same disastrous outcomes seen with damaged reactors). At Fukushima, one of the spent fuel pools is, at any given point, as much of a concern as the severely damaged reactor cores.

Ions and tigers and bears, oh my!

Even with the latest findings, however, Japanese Prime Minister Yoshihiko Noda pushed ahead with the restart of the precariously situated and similarly flawed nuclear reactor complex at Oi. It is as if the PM and the nuclear industry feared Japan surviving another summer without nuclear-generated electricity would demonstrate once and for all that the country had no reason to trade so much of its health and safety for an unnecessary return.

But the people of Japan seem to see it differently. Tens of thousands have turned out to demonstrate against their nation’s slide back into this dangerous culture of corruption. (Remember, the Oi restart comes without any safety upgrades made in response to the Fukushima disaster.)

And maybe there’s where cultural distinctions can be drawn. In Japan, the citizenry–especially women–are not demonstrating “reflexive obedience,” instead, they are demonstrating. In the United States, where 23 nuclear reactors are of the same design as Fukushima Daiichi, and 184 million people within 50 miles of a nuclear power plant, when the chairman of the Nuclear Regulatory Commission suggested requiring some modest upgrades as a response to the Fukushima disaster, the nuclear industry got its henchmen on the NRC and in Congress to push him out. . . with little public outcry.

Still, the BBC’s Mariko Oi lamented on the day the Fukushima report was released that Japanese media was paying more attention to the birth of a giant panda at a Tokyo zoo. That sort of response would seem all too familiar to any consumer of American media.

That baby panda, it should be noted, has since died. The radioactive fallout from Fukushima, however, lingers, and the crisis at Daiichi is far from over. The threat to global heath and safety that is unique to nuclear power lives on.