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.

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.

House Postpones Witch Hunt While Nuclear Industry Awaits Results of Latest Power Play

The Salem Nuclear Power Plant is in New Jersey, not Salem, MA, but you get the idea. (photo: peretzp)

In case you were wondering what it was all about–“it” being the dealings of the Nuclear Regulatory Commission actually making the popular news for a few months–the House Committee on Energy and Commerce indefinitely postponed its Thursday hearing on the “politicization of the [NRC] and the actions and influence of Chairman Jaczko.” Gregory Jaczko, of course, announced his resignation on May 21, and President Obama nominated Allison Macfarlane as his replacement three days later.

Though stressing that his committee would keep an eye on the NRC, “including a full review of the inspector general’s pending report” on the “breakdown in collegiality at the commission,” Chairman Fred Upton (R-MI) did not schedule a new hearing.

And there is no apparent update from Darrell Issa (R-CA), chairman of the House Committee on Oversight and Government Reform, and, until about the third week of last month, one of the loudest and most persistent critics of workplace morale at the Nuclear Regulatory Commission. Before Jaczko’s resignation, Issa, too, was promising more hearings. Instead, Issa has turned again to attacking loan guarantees for renewable energy projects (and so, attempting. . . again. . . to make Solyndra an issue in the presidential election)–which also serves his masters (as in, largest campaign contributors) in the nuclear industry just fine, thank you.

Meanwhile, things are suddenly moving on the Senate side. Majority Leader Harry Reid (D-NV) has given a more public blessing to the suspected private deal discussed here during the weeks leading up to Jaczko’s move. Because Dr. Macfarlane is considered an opponent of the Yucca Mountain nuclear waste repository, Senator Reid has agreed to put aside his vocal objections to a second term for NRC commissioner Kristine Svinicki and advance both nominations toward confirmation as a pair. (Stopping Yucca, of course, has been one of Reid’s top priorities throughout his political career.) California Democrat Barbara Boxer, whose Environment and Public Works Committee will conduct the hearings on the NRC nominees, has sidestepped her own strong objections to Svinicki, and now says both the current and potential nuclear regulators should be considered before the end of the month.

So, there you have it–matters supposedly related to oversight of the nuclear industry and the safety of the American people have quite visibly taken a back seat to influence peddling and classic beltway horse-trading. In an era where even cynical deals are rarely struck, some might hail this move to quickly restock the NRC as something resembling bipartisan compromise (as if that were an end in itself). But success is not measured by the number of commissioners collecting government paychecks, it is seen in the actions of regulators who actually regulate.

In the wake of the ongoing Fukushima crisis, and in the presence of countless problems at a multitude of aging American nuclear plants, there is, indeed, much regulating to be done. But when one member of the NRC is forced out for vainly advocating the most minor of safety improvements, while another commissioner is rewarded with reappointment for consistently supporting the nuclear industry, the chances of the Nuclear Regulatory Commission regulating much of anything seem slim. It effectively defines “regulatory capture,” and practically guarantees that, no matter how fair or interpersonally gifted Dr. Macfarlane might be, the NRC will do little to police nuclear power.

As has been noted here on numerous occasions, the regulatory system is broken. Scientists, citizens, and lawmakers cannot “assume we have a can opener” and pretend a process exists to make commercial nuclear power clean and safe. The NRC may–may–have been created to provide oversight, but, in reality, it works instead to provide cover. Without an honest and active regulatory body, there is no credible argument for a “nuclear renaissance“–there is only the promise of another nuclear disaster.

Obama Taps Allison Macfarlane as New Head of Nuclear Regulatory Commission

Seal of the US Nuclear Regulatory Commission (via Wikipedia)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Watch this space, as they say.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

. . . timing

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

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

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

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

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

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

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

Weak in review

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

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

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

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

Emergency Evacuation, Drill Requirements Quietly Cut While Nuclear Regulators Consider Doubling Length of License Extensions

Map showing the evacuation zone around Indian Point Energy Center by the NRDC (via Riverkeeper).

The Nuclear Regulatory Commission will hold a public meeting tonight (Thursday, May 17) on the safety and future of the Indian Point Energy Center (IPEC), a nuclear power plant located in Buchanan, NY, less than 40 miles north of New York City. The Tarrytown, NY “open house” (as it is billed) is designed to explain and answer questions about the annual assessment of safety at IPEC delivered by the NRC in March, but will also serve as a forum where the community can express its concerns in advance of the regulator’s formal relicensing hearings for Indian Point, expected to start later this year.

And if you are in the area–even as far downwind as New York City–you can attend (more on this at the end of the post).

Why might you want to come between Entergy, the current owner of Indian Point, and a shiny new 20-year license extension? As the poets say, let me count the ways:

Indian Point has experienced a series of accidents and “unusual events” since its start that have often placed it on a list of the nation’s worst nuclear power plants. Its structure came into question within months of opening; it has flooded with 100,000 gallons of Hudson River water; it has belched hundreds of thousands of gallons of radioactive steam in the last 12 years; its spent fuel pools have leaked radioactive tritium, strontium 90 and nickel 63 into the Hudson and into groundwater; and IPEC has had a string of transformer fires and explosions, affecting safety systems and spilling massive amounts of oil into the Hudson.

That poor, poor Hudson River. Indian Point sits on its banks because it needs the water for cooling, but beyond the radioactive leaks and the oil, the water intake system likely kills nearly a billion aquatic organisms a year. And the overheated exhaust water is taking its toll on the river, as well.

Indian Point is located in a seismically precarious place, right on top of the intersection of the Stamford-Peekskill and Ramapo fault lines. The NRC’s 2010 seismic review places IPEC at the top of the list of reactors most at risk for earthquake damage.

Entergy was also late in providing the full allotment of new warning sirens within the 10-mile evacuation zone, which is a kind of “insult to injury” shortfall, since both nuclear power activists and advocates agree that Indian Point’s evacuation plan, even within the laughably limited “Plume Exposure Pathway Emergency Planning Zone,” is more fantasy than reality.

With this kind of legacy, and all of these ongoing problems, it would seem, especially in a world informed by the continuing Fukushima disaster, that the NRC’s discretionary right to refuse a new operating license for Indian Point would be the better part of valor. But the NRC rarely bathes itself in such glory.

Instead, when the nuclear industry meets rules with which it cannot comply, the answer has usually been for the regulatory agencies to just change the rules.

Such was the case the night before the-night-before-Christmas, when the NRC and the Federal Emergency Management Agency quietly changed long-standing emergency planning requirements:

Without fanfare, the nation’s nuclear power regulators have overhauled community emergency planning for the first time in more than three decades, requiring fewer exercises for major accidents and recommending that fewer people be evacuated right away.

Nuclear watchdogs voiced surprise and dismay over the quietly adopted revamp — the first since the program began after Three Mile Island in 1979. Several said they were unaware of the changes until now, though they took effect in December.

At least four years in the works, the changes appear to clash with more recent lessons of last year’s reactor crisis in Japan. A mandate that local responders always run practice exercises for a radiation release has been eliminated — a move viewed as downright bizarre by some emergency planners.

The scope of the changes is rivaled only by the secrecy in which they were implemented. There were no news releases regarding the overhaul from either FEMA or the NRC in December or January. Industry watchdogs, such as the Nuclear Information and Resource Service, only learned about the new rules when questioned by the Associated Press.

It was the AP that published an in-depth investigation of lax nuclear regulation last June, and it was the AP that spotted this latest gift to the nuclear industry:

The latest changes, especially relaxed exercise plans for 50-mile emergency zones, are being flayed by some local planners and activists who say the widespread contamination in Japan from last year’s Fukushima nuclear accident screams out for stronger planning in the United States, not weaker rules.

FEMA officials say the revised standards introduce more variability into planning exercises and will help keep responders on their toes. The nuclear power industry has praised the changes on similar grounds.

Onsite security forces at nuclear power plants have practiced defending against make-believe assaults since 1991 and increased the frequency of these drills after the 2001 terrorist attacks. The new exercises for community responders took years to consider and adopt with prolonged industry and government consultations that led to repeated drafts. The NRC made many changes requested by the industry in copious comments.

Naturally.

But, if a nearby resident or a city official were to express concerns about a nuclear plant’s emergency preparedness–like, say, those that live and work around Indian Point–regulators would likely dismiss them as alarmist:

None of the revisions has been questioned more than the new requirement that some planning exercises incorporate a reassuring premise: that little or no harmful radiation is released. Federal regulators say that conducting a wider variety of accident scenarios makes the exercises less predictable.

However, many state and local emergency officials say such exercises make no sense in a program designed to protect the population from radiation released by a nuclear accident.

“We have the real business of protecting public health to do if we’re not needed at an exercise,” Texas radiation-monitoring specialist Robert Free wrote bluntly to federal regulators when they broached the idea. “Not to mention the waste of public monies.”

Environmental and anti-nuclear activists also scoffed. “You need to be practicing for a worst case, rather than a nonevent,” said nuclear policy analyst Jim Riccio of the group Greenpeace.

From the perspective of the industry-captured regulators, if you can’t handle the truth, rewrite the truth. And if there were any doubt about the motives of the nuclear industry, itself, when it comes to these new rules, a reading of the AP report makes it clear: from top to bottom, the revisions require less of nuclear operators.

While officials stress the importance of limiting radioactive releases, the revisions also favor limiting initial evacuations, even in a severe accident. Under the previous standard, people within two miles would be immediately evacuated, along with everyone five miles downwind. Now, in a large quick release of radioactivity, emergency personnel would concentrate first on evacuating people only within two miles. Others would be told to stay put and wait for a possible evacuation order later.

This rule change feels ludicrous in the wake of Fukushima, where a 12-mile radius is assumed to be a no-go zone for a generation, and the State Department advised US citizens to evacuate beyond 50 miles, but it is especially chilling in the context of Indian Point. The stated reasoning behind the tiny evacuation zone is that anything broader would be impossible to execute quickly, so better to have folks just “hunker down.”

“They’re saying, ‘If there’s no way to evacuate, then we won’t,'” Phillip Musegaas, a lawyer with the environmental group Riverkeeper, said of the stronger emphasis on taking shelter at home. The group is challenging relicensing of Indian Point.

Over 17 million people live within 50 miles of IPEC. In February, environmental and anti-nuclear groups asked the NRC to expand evacuation planning to 25 miles from the current 10, and to push readiness zones out to 100 miles, up from 50. They also asked for emergency planners to take into account multiple disasters, like those experienced last year in Japan.

That might have been an opportune time for the regulators to explain that they had already changed the rules–two months earlier–and that they had not made them stronger, they had made them weaker. Not only will the 10 and 50-mile zones remain as they are, the drills for the 50-mile emergency will be required only once every eight years–up from the current six-year cycle.

With the turnover in elected officials and municipal employees being what it is–especially in times of constricting local budgets–even a run-through every six years seems inadequate. An eight-year lag is criminal. (Perhaps the NRC can revise assumptions so that disasters only happen within a year or two of a readiness drill.)

But an extra two years between drills is cheaper. So is the concentration of the evacuation zone in case of quick radiation release. So are many of the other changes. At a time when regulators should look at Japan and ask “What more can we do?” they instead are falling over themselves to do less.

And the nuclear industry needs all the help it can get.

The fact is that without this kind of help–without the weakened rules and limp enforcement, without the accelerated construction and licensing arrangements, without the federal loan guarantees and liability caps, and without the cooperation and expenditures of state and local governments–nuclear could not exist. Indeed, it would not exist, because without this wellspring of corporate welfare, nuclear power plants would never turn a profit for their owners.

In fact, with the cost of new plant construction escalating by the minute (the new AP1000 reactors approved for Georgia’s Plant Vogtle this February are already $900 million over budget), the strategy of energy giants like Entergy rests more on buying up old reactors and spending the bare minimum to keep them running while they apply for license extensions. This is the game plan for Indian Point. It is also Entergy’s plan for Vermont Yankee, a plant granted a license extension by the NRC in March, over the objections of the state government.

The case of Vermont Yankee is currently before a federal appeals court–and New York has filed an amicus brief on Vermont’s behalf, since New York Governor Andrew Cuomo would like to see Indian Point shuttered at the end of its current license, and it knows the NRC has never met a license extension it didn’t like.

Meanwhile, however, Entergy continues to hemorrhage money. The second largest nuclear power provider in the nation posted a first quarter loss of $151.7 million–its stock is down 13% this year–directly as a result of its creaky, inefficient, often offline nuclear reactors. It needs quick, cheap, easy relicensing for facilities like Indian Point if it is ever going to turn things around.

Although maybe not even then. Take, for example, the current plight of California’s San Onofre Nuclear Generating Station (SONGS). San Onofre’s two reactors have been offline since the end of January, when a radiation leak led to the discovery of accelerated wear in over 1,300 copper tubes used to move radioactive water to and from the plant’s recently replaced steam generators:

[Southern California] Edison finished installation of the $671-million steam generators less than two years ago, promising customers they would create major energy savings. Now, officials estimate it will cost as much as $65 million to fix the problems and tens of millions more to replace the lost power.

Both those figures are likely low. No one has yet isolated the exact cause of the wear, though attention focuses on excessive vibration (and that vibration will likely be linked to faulty design and the attempt to retrofit off-the-shelf parts on the cheap), and the time it will take to correct the problem, make repairs and get the reactors up to something close to full power is somewhere between unpredictable and never.

Indeed, Edison is instead talking about running SONGS at reduced capacity, at least for several months. Plant engineers say they believe running the reactors at lower power will minimize vibration (though critics point out this will not resolve the problems with already badly worn tubing), but the reality is much simpler. Every kilowatt the nuclear plant can manage to generate is one kilowatt that Edison won’t have to buy from someone else. There is some warranty coverage for the new generators, but there is none for the replacement costs of the electricity.

Edison will, of course, ask the California Public Utility Commission if it can pass replacement costs on to consumers, but that, in turn, begs another question. When the PUC approved the cost of replacing the steam generators, they did so with the assumption that SONGS would average 88% capacity until its license expires in 2022.

An analysis at the time showed that a one-year outage or a scenario in which the plant would run at lower capacity for an extended period could make the project a money loser. But the PUC found those scenarios to be unlikely and determined that the project would probably be a good deal for ratepayers.

“If the plant runs at 50 to 80 percent capacity for the rest of its life, the entire cost-effectiveness analysis is turned on its head,” said Matthew Freedman, attorney for advocacy group The Utility Reform Network.

Sound familiar?

Regulators, be they at the federal NRC or a state’s PUC, can re-imagine reality all they want, but reality turns out to be stubborn. . . and, it seems, costly.

And don’t think that the industry hasn’t already cottoned to this.

In the midst of a battle over extending the 40-year licenses of two Entergy Corp. nuclear plants near New York City, federal regulators are looking into whether such plants would be eligible for yet another extension.

That would mean the Indian Point plants and others around the county might still be running after reaching 60 years of age.

Bill Dean, a regional administrator for the Nuclear Regulatory Commission, said Wednesday the agency “is currently looking at research that might be needed to determine whether there could be extensions even beyond” the current 60-year limit for licenses.

Yes, the article attributes the initiative to federal regulators, but it strains credulity to believe they came up with this idea on their own. The industry can do the money math–hell, it’s pretty much the only thing they do–extending a license for 40 years beyond design life has got to be more profitable than extending a license for only 20 years.

And let’s be clear about that. The design life of Generation II reactors–the BWRs and PWRs that make up the US nuclear power fleet–is 30 to 40 years. When the plans were drawn up for Indian Point, Vermont Yankee, San Onofre, or any of the other 98 reactors still more-or-less functioning around the country, the assumption was that they would be decommissioned after about four decades. Current relicensing gives these aged reactors another 20 years, but it now turns out that this is only an interim move, designed to buy time to rewrite the regulations and give reactors a full second life. Eighty years in total.

It is yet another example of how rules are shaped–and ignored–to protect the bottom line of the nuclear industry, and not the safety of US citizens. (Or, for that matter, the pocketbooks of US consumers.)

And so, it is yet another example of why the Nuclear Regulatory Commission cannot be allowed to continue its rubberstamp relicensing.

And this is where you come in: As mentioned at the top, the NRC’s Bill Dean (the same guy looking into doubling the license extensions) will be in Tarrytown, NY, along with other government and Entergy representatives to answer questions and listen to testimony about the past, present, and future of Indian Point.

The open house is from 6 to 8 PM, and the public meeting is from 7 to 9 PM at the DoubleTree Hotel Tarrytown, 255 South Broadway, Tarrytown, NY.

Riverkeeper, in coordination with Clearwater, NYPIRG, Citizens’ Awareness Network, Occupy Wall Street Environmental Working Group, IPSEC, Shut Down Indian Point Now, and others will be holding a press conference before the open house, at 5:30 PM.

If you live in New York City, Riverkeeper is sponsoring busses to Tarrytown. Busses leave at 3:45 PM sharp from Grand Central (busses will be waiting at 45th St. and Vanderbilt Ave.). More info from SDIPN here. Reserve a place on a bus through Riverkeeper here.