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

(low resolution movie poster reproduction via wikipedia)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

But it doesn’t. Not even temporarily.

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

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

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

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

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

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

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

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

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

Obama Sides with GOP Against Reid in Battle over Nuclear Regulator

In a move that could be seen as election-year expedience, a friendly nod to the nuclear industry, or a sign of a coming battle with Senate Majority Leader Harry Reid (D-NV), the Obama administration announced Thursday that it would nominate Kristine Svinicki for a second term on the Nuclear Regulatory Commission. Reid had gone public just a day earlier with his objections to Commissioner Svinicki getting another five-year appointment when her tenure expires at the end of June.

Svinicki, a George W. Bush appointee to the NRC, is considered a staunch ally of the nuclear industry, and, according to Kevin Kamps of Beyond Nuclear, “is amongst the worst of the NRC Commissioners when it comes to implementing Fukushima lessons learned for safety upgrades at US reactors.” Svinicki voted for the rubberstamp relicensing of Vermont Yankee’s GE Mark I reactor, and then pushed hard for NRC staff to finalize the paperwork just days after identical reactors experienced catastrophic safety failures at Fukushima Daiichi, and she has continued to fight new requirements for nuclear plants based on lessons learned from the Japanese disaster.

Prior to her time on the NRC, Svinicki served in the Department of Energy’s Washington, DC Offices of Nuclear Energy, Science and Technology, and of Civilian Radioactive Waste Management, and also served on the staff of then-Senator Larry Craig (R-ID), whom Kamps called “one of the most pro-nuclear US Senators of the past 15 years.”

During Svinicki’s time at DoE, she worked extensively on support documents for the proposed national nuclear waste repository at Yucca Mountain, Nevada. But in testimony during her 2007 Senate confirmation hearing for her NRC post, Svinicki was asked by Senator Barbara Boxer (D-CA) if she worked “directly on Yucca”–and Svinicki replied, “I did not, no.”

This obfuscation–or “lie” as Reid has called it–is the official inflection point for the Nevada Senator’s objection to Svinicki’s re-up, but the full story has several layers.

Don’t open that mountain, Fibber

The proposed waste facility at Yucca Mountain has been a thorn in the side of Nevada politicians for decades. Harry Reid has made stopping the Yucca project his life’s work, and with the elevation of his former aid, Gregory Jaczko, to the chairmanship of the NRC, and the decision by the White House to defund further development of the site, it seemed like the Majority Leader had accomplished his goal.

But there is no current substitute for the Yucca site. The US nuclear power industry continues to produce thousands of tons of toxic waste in the form of highly radioactive “spent” fuel rods. That waste is currently stored around the country, on the grounds of the nation’s reactor fleet, in “spent fuel pools,” which require a steady power source to keep cooling water circulating, or once the spent fuel is a little older, in what are called “dry casks”–massive concrete coffins of a sort–and neither of these was intended to be anything but a temporary solution.

The nation’s fuel pools are already filled beyond their intended capacity. That makes them hotter, and, so, more dangerous. The higher temperatures and greater concentration of radioactive fuel mean that pools that suffer a power loss are in danger of boiling off their water faster–and without the cooling liquid, the cladding on the fuel rods can melt and catch fire, sending vast amounts of radioactive fallout into the atmosphere. In fact, it is the damaged spent fuel pool at Fukushima Daiichi reactor 4 that currently has those watching the Japanese crisis most concerned.

Dry casks are considered safer than liquid storage, but can only be used once fuel has had a chance to cool for years in pools. Further, some of the nation’s casks are already showing cracks, while others have moved during earthquakes.

The bottom line is that nuclear power plants cannot refuel without a place to put the old rods, and with onsite storage space exhausted, a long-term solution is needed. If the nuclear industry is to pursue license extensions for its 104 aging reactors, not to mention seek to expand that number with new construction, it needs a facility like Yucca Mountain, and it needs it fast.

But Yucca Mountain is not only opposed by all major Nevada politicians, be they Democrats or Republicans, it has proven to be a tremendously bad place for nuclear waste. The volcanic formation is more porous and less isolated than originally believed–there is evidence that water can seep in, there are seismic concerns, worries about the possibility of new volcanic activity, and a disturbing proximity to underground aquifers. In addition, Yucca mountain has deep spiritual significance for the Shoshone and Paiute peoples.

So what’s a nuclear industry to do?

One avenue might be to unseat the men most responsible for killing the project.

New coup review

Kristine Svinicki was at the center of attempts to oust Nuclear Regulatory Commission Chairman Gregory Jaczko that went public late last year when Svinicki and the three other commissioners serving with Jaczko sent a letter to the White House complaining about their chairman’s management style. Central to the complaint, the way in which Jaczko used his authority to recommend that the Yucca project be terminated.

Also in the letter, the allegation that Jaczko was verbally abusive to female NRC employees, including Svinicki.

The complaint prompted hearings in both the House and Senate, with rather predictable, partisan results. Republicans, especially in the House, used the time to berate Jaczko and defend the nuclear industry, while Democrats tended to back Jaczko and highlight his focus on improved nuclear plant safety, especially in the wake of the Fukushima crisis. And while the White House voiced tepid support for its NRC chief, it seemed at the time like Jaczko owed at least some of his job security to Senate Majority Leader Harry Reid.

But this part of the story is not over. There has already been one Inspector General’s report on Jaczko’s management, and another is due later this spring. The GOP-led House has also scheduled more hearings on this for the end of May.

Elections have consequences

While Svinicki’s performance as a nuclear regulator ranks poorly–even among a long line of industry-captured NRC commissioners–it is her work on Yucca Mountain and her role in the attempted ouster of Greg Jaczko that factor most prominently in the brewing standoff between President Obama and Senator Reid.

In a move that might be seen as funny if it weren’t so intertwined with nuclear safety, a small parade of Republicans took to the Senate floor this week to praise Commissioner Svinicki–not so much as a nuclear-friendly regulator, but as a whistleblower:

Senate Energy and Natural Resources ranking member Lisa Murkowski (R-Alaska) charged that Svinicki was being delayed because of “retribution.”

“She has had the courage to step forward and has blown the whistle on the chairman,” Murkowski added, “and the chairman happens to be a good friend of Sen. Reid. So the question should be put to Sen. Reid: Why is he not allowing her to advance?”

Republicans, it seems, see this as a chance to counter the current “war on women” election-year narrative by showing their support not for a good friend to a friendly industry, but for an abused working woman. Senate Minority Leader Mitch McConnell (R-KY) put it this way:

McConnell accuses Democrats of retaliating against NRC Commissioner Kristine Svinicki for taking part in an organized effort to oust NRC Chairman Gregory Jaczko last year.

“Commissioner Svinicki stood up to this guy, who somehow managed to avoid being fired in the wake of all these revelations, in an effort to preserve the integrity of the agency, and to protect the career staffers who were the subject of the chairman’s tactics,” said McConnell on the Senate floor Wednesday. “And now, for some mysterious reason, she’s being held up for re-nomination.”

President Obama, however, moved to undermine the GOP. . . by siding with them:

The White House plans to renominate a Republican member of the Nuclear Regulatory Commission, forestalling a potential fight with Senate Republicans over whether she would be tapped to continue serving after raising concerns with the panel’s Democratic chairman.

White House Press Secretary Jay Carney explained it this way: “The president will renominate Ms. Svinicki. He doesn’t want to have a break in service in June when her current term expires.”

Now that actually is funny–and like all good humor, it’s funny on several levels.

First, rather than facilitating the work of the nation’s top nuclear regulator, Svinicki has worked hard to weaken the NRC’s oversight role. From the previously noted quickie relicensing of Vermont Yankee, to consistent votes against requiring upgrades recommended by the commission’s post-Fukushima taskforce–even for yet-to-be-built reactors–to her role in the time-consuming coup attempt, Svinicki has made the NRC demonstrably less effective.

Second, remember what body has to hold hearings on Svinicki’s nomination, and then hold a vote to re-confirm her? That would be the Senate. And remember who runs the Senate? That would be Harry Reid–the same Harry Reid who just one day earlier had publicly registered his strong opposition to Svinicki. If the White House were really concerned with a speedy confirmation and no interruption in service, wouldn’t it have been better to coordinate a pick with the Majority Leader, rather than pointedly show him up?

Third, a “break in service”–the absence of one commissioner for some amount of time–should that occur, would not stop plant inspections. It would not stop enforcement of current safety regulations. No, the only thing a missing commissioner might delay is the approval of new reactors or the relicensing of old ones.

Still, this could be seen as classic “no drama Obama,” distilled in the crucible of an election, were it not for the consistent influence of the nuclear industry on the Obama administration. The evidence is as unavoidable as the presence of radioactive cesium in your broccoli–and just as unsettling. From the nuclear industry’s hefty contributions to Obama’s campaigns, to generating giant Exelon’s ties to Obama and confidants like Rahm Emanuel and David Axelrod; from the president’s pledge of billions in loan guarantees for nuclear plant construction, to his appointment of nuclear industry insider William Magwood to the NRC; right through to Obama’s inclusion of atomic power in his smorgasbord of an energy policy at a time when much of the industrialized world is turning away from nuclear, the move by the White House to back Republican Svinicki isn’t just a political bugaboo. . . it’s a feature.

And while keeping Kristine Svinicki in place would be a nice amuse-bouche for Obama’s nuclear godfathers, nothing would satisfy the industry quite as much as Harry Reid’s head on a plate. For even though Nevada’s other Senator, Republican Dean Heller, also opposes the Yucca Mountain repository, he is not in either side’s leadership, and does not wield the power that Reid does. And without Reid in leadership to backup his former aid, it is likely Gregory Jaczko would be forced out as NRC chair.

And without Reid or Jaczko in the way, the path to reopening Yucca–as well as the path to relicensing a bevy of 40-year-old reactors with few new requirements–would be as clear as a Cherenkov blue pool.

Watch this space

As for now, of course, Harry Reid is still very much in place, and so is Greg Jaczko. The fight to hold the Senate for the Democrats, and, if that is accomplished, the fight Reid will have to remain as majority leader, are still down the road. First up is the battle over Kristine Svinicki.

On one side, you have Reid, along with Senators like Barbara Boxer and Bernie Sanders–all theoretically part of Obama’s power base, all realistically representing states Obama needs to win in November.

On the other side, you have the Senate Minority Leader, Kentucky’s Mitch McConnell, and Alaska’s Lisa Murkowski, and Wyoming’s junior Senator, John Barrasso–all partisan Republicans, all from states Obama won’t likely win this fall, nor will he need to.

If you were thinking in purely electoral terms, how would you handicap this fight?

But because Obama has renominated Svinicki, and because the president has opened up a public rift with his party’s Senate Majority Leader, it would appear more than simple election year vote counting is going on here. Is it just another case of Obama “going along to get along” with a GOP that has never had much interest in getting along with him, or is this another example of a president that campaigned on a green, alternative energy future showing that his real investment is in the dying, dirty and dangerous technologies of the past? Or is this about a coming showdown between Obama and Reid?

The choices are not mutually exclusive. Like that slogan Obama insists on calling an energy strategy, the answer could be “all of the above.”

* * *

Important Reminder: This Sunday, April 22, at 5 PM EDT/2 PM PDT, I will be hosting Firedoglake’s book salon. This week’s book is The Doomsday Machine: The High Price of Nuclear Energy, the World’s Most Dangerous Fuel, and we will have authors Martin Cohen and Andrew McKillop online answering questions. There is much to discuss about the history of nuclear mythmaking in this book, please join us.

New York Times, GE Throw Energy Industry a Party; You Were Not Invited

Entrance to the New York Times building, NYC. (photo: niallkennedy)

Those with a nose for dead trees might recall a scandal from the summer of 2009 that sullied the reputation of the Washington Post. Back then, the Post Company sent out fliers touting exclusive dinners at the home of Post publisher Katharine Weymouth that “offered corporate underwriters access to Post journalists, Obama administration officials and members of Congress in exchange for payments as high as $250,000.” When word got out, the Post cancelled the dinners, initially blaming the company’s marketing department (though later reporting showed Weymouth and WaPo’s executive editor Marcus Brauchli knew more about the confabs than they initially let on). The White House also claimed that it had not authorized any officials to participate in these “salons.”

Remember? If you were a critic of the “leftwing media,” this was proof positive of the cozy relationship between the new Democratic administration and the Beltway’s company newsletter; if you were suspicious of the establishment media for its close corporate ties and naked attempts to curry favor with political elites, these planned dinner parties had it all, from aperitifs to the final bill. It really was a fetid swamp, even for swampland.

Flash forward a few years, grab a Metroliner north, and behold this:

U.S. Secretary of Energy, energy economist Daniel Yergin and former Petrobras CEO Jose Sergio Gabrielli de Azevedo are among the speakers at tomorrow’s (Wednesday’s) The New York Times Energy for Tomorrow conference. The conference has been created in collaboration with Richard Attias and Associates.

More than 400 corporate and political leaders, as well as NGOs, academics and energy experts will debate the most pressing issues and opportunities facing the energy sector today. GE is the founding sponsor of The New York Times Energy for Tomorrow, with BMW and Louisiana Economic Development as supporting sponsors.

Gerald Marzorati, editor for The New York Times who is responsible for creating The Times’s conferences, said: “With rising prices, energy is at the top of the agenda – both economically and politically – around the world. The supply picture is changing in the United States, with new sources of oil and natural gas.

“There is also the debate over the environmental impact of energy extraction and production, and the role of efficiency in making sure there will be enough energy to meet growing global needs.”

(That was last Wednesday, April 11, by the way.)

This was an invitation-only event. What, you weren’t invited? Well, then, who was?

Yes, there was Obama’s Energy Secretary, Dr. Steven Chu–he got to have a special chat with Times columnist and human carnage unit Thomas Friedman. And Pulitzer Prize-winning author Daniel Yergin was there, fresh off his role as a member of the Presidential Shale-Gas Advisory Commission (spoiler alert: Yergin concluded that fracking’s environmental problems can be managed and that shale gas drilling is here for the long run). And Jose Sergio Gabrielli de Azevedo, who was the head of Petrobras (the name sort of says it all, but if you are still wondering, it is a Brazilian energy giant–the largest company in the Southern Hemisphere), but is now chief planning officer for the state government of Bahia, Brazil. . . but who else?

To be fair, here’s the entire public list:

Lester R. Brown, founder and president of Earth Policy Institute;
Carol Browner, Distinguished Senior Fellow at the Center for American Progress and former ‘energy czar’ to the Obama administration;
Lee Edwards, president and chief executive of Virent, Inc.;
Marvin Fertel, president and chief executive of the Nuclear Energy Institute;
Jochen Flasbarth, president of the German Federal Environment Agency;
Robert A. Hefner III, founder and owner of the GHK Company;
Amy Myers Jaffe, director of the Energy Forum at the Baker Institute;
John Krenicki Jr., vice chairman of GE, and president and chief executive of GE Energy;
Michael Levi, Senior Fellow for energy and the environment at the Council on Foreign Relations (CFR) and director of the CFR program on energy security and climate change;
Dave McCurdy, president and chief executive of the American Gas Association;
Steve Nadel, executive director of the American Council for an Energy-Efficient Economy;
T. Boone Pickens, chairman of BP Capital Management;
Jim Prendergast, executive director of the Institute of Electrical and Electronics Engineers (IEEE);
Phil Radford, executive director of Greenpeace;
Jim Rogers, chairman, president and chief executive of Duke Energy;
and Manuel Camacho Solis, Mexico’s former secretary of Urban Development and the Environment, and former mayor of Mexico City.

Impressive, no? Impressive, yes. . . if you are into energy industry bigwigs. Why, there’s the head lobbyist for the nuclear energy industry, Marvin Fertel, and there’s his good pal, John Krenicki, CEO of GE Energy. Then there’s Jim Rogers, the head everything at Duke Energy, the North Carolina-based utility that is responsible for something like 36,000 megawatts of electrical generation, mostly from its fleet of aging coal and nuclear plants. (I wonder how he, the leader of America’s 13th largest air polluter got on with Carol Browner, who was head of the Environmental Protection Agency when it brought suit against Duke for its coal plants. Probably not so bad, seeing as Browner was until recently the director of the White House Office of Energy and Climate Change Policy, and they were fine with Duke building two new nuclear reactors in South Carolina–the license for which was just granted by the Nuclear Regulatory Commission.)

And look over there–why it’s Amy Myers Jaffe, big proponent of oil and gas for the James Baker Institute at Rice University. And there’s the president of the American Gas Association, and there’s the head of GHK, the oil and gas company that proudly touts itself as a pioneer in deep gas well drilling in Oklahoma. And ooh, oil man T. Boon Pickens, who now likes to talk wind, but not without talking about the real estate needed for the transmission lines. . . which also would do quite nicely for moving water, by the way. . . oh, and he still likes oil, too.

By the way, that Lee Edwards, the one at Virent, a big player in biogasoline, that’s not the Heritage Foundation Lee Edwards, that’s the Lee Edwards who used to be at BP.

But it was not an all pro-gas, pro-oil, pro-nuke, hydrofracking hydrocarbon love fest. No! Look closely, there are two–not one, but two–conference attendees that can squarely be called environmentalists: the esteemed Lester Brown of EPI, and Phil Radford, who has headed Greenpeace for the last three years. Both those men are solidly anti-nuclear and openly concerned about climate change. . . and there are two of them!

But these people probably get to see each other all the time. The New York Times wanted to mix it up with some of their staff–you know, reporters and columnists. To that end:

New York Times moderators will include:

Richard L. Berke, assistant managing editor;
Helene Cooper, White House correspondent;
Thomas Friedman, Op-Ed columnist;
Clifford Krauss, energy correspondent;
Joe Nocera, Op-Ed columnist;
Ashley Parker, Metro reporter;
and Jeff Zeleny, national political correspondent.

Now if all of this sounds to you a little like, oh, say, the World Economic Forum–you know, Davos–that is probably not a coincidence. Richard Attias–the guy that put this Times conference together–he used to run the events company that organized Davos. . . and the Clinton Global Initiative. . . and the Dalian Economic Summit in China. . . the list goes on.

But more importantly–maybe–it sounds an awful lot like the Washington Post’s mixers of industry powerbrokers, government officials, and newspaper reporters. No, it is not “off the record,” as the Post’s parties were advertized, and instead of soliciting payment for a seat at the table, the Times just pulled together major corporate “sponsors”–so perhaps it feels less hush-hush, less pay-to-play–but this was not a public party by any means. It was by invitation only. . . and you were not invited.

That special feeling

But don’t feel left out. You may not have gotten to have lunch with the giants of energy on Wednesday–but for $2.50 (or $3.75/week if you prefer the digital subscription), you could read the special Energy section in that day’s New York Times. And really, isn’t that just like being there?

Well, sadly, kind of.

The inclusion of the special section on the same day as the Times Forum was not some lucky coincidence. Instead, it read like a 10-page welcome mat for the energy executives and policymakers who made it up to Times Center. It was as if to say, “Your time here will not be wasted. We hear you. Behold, the power of synergy!”

Though reporting on the content of the forum has been surprisingly scant–what there is focuses on Secretary Chu’s story about manure and the conference’s general support for the Obama “all of the above,” uh, well, it is called a “strategy”–the Wednesday special section is chockablock with tasty stories, with headlines such as: “Fuel to Burn: Now What?” and “Natural Gas Signals ‘Manufacturing Renaissance,'” and who can resist “Renewable Sources of Power Survive, But in a Patchwork”?

But of special interest here is Matthew Wald’s piece, “Nuclear Power’s Death Somewhat Exaggerated.”

Now, Matthew Wald is not mentioned in the press release about the Times‘ Energy for Tomorrow Conference, so it is not clear if Wald got to have coffee with the powers behind our power, but his presence was hardly necessary–Wald already writes like he lives in Marvin Fertel’s hip pocket:

The [nuclear power] industry’s three great recent stumbling blocks, the Fukushima accident of March 2011, the exceptionally low price of natural gas and a recession that has stunted demand for power, mock the idea that dozens of new reactors are waiting in the wings. But in an era of worry over global warming, support is plentiful for at least keeping a toe in the water.

“Even if global warming science was not explicitly invented by the nuclear lobby, the science could hardly suit the lobby better,” complained a book published last month, “The Doomsday Machine,” a polemic on the evils of splitting the atom. In fact, the industry continues to argue that in the United States it is by far the largest source of zero-carbon energy, and recently began a campaign of upbeat ads to improve its image.

According to the authors of “The Doomsday Machine,” Martin Cohen and Andrew McKillop, “In almost every country — usually for reasons completely unrelated to its ability to deliver electricity — there is almost universal political support for nuclear power.”

That is probably an exaggeration, with Japan leaving almost all of its 54 reactors idle at the moment because of the Fukushima Daiichi triple meltdown, and Germany promising to close its fleet. But China and India, two countries with enormous demand for electricity and not much hand-wringing over global warming, are planning huge reactor construction projects.

Admittedly, there is much to debate in Cohen and McKillop’s book (and debate it we will when I chat live, online with the authors of The Doomsday Machine during a Firedoglake Book Salon I am hosting on Sunday, April 22, at 5 PM EDT/2 PM PDT), but to quickly dismiss it as a “polemic” is to ignore hundreds of footnoted, glossaried and indexed pages on the history of the nuclear industry’s many near-death and rebirth experiences. It is, in many ways, the kind of story that fits quite nicely with Wald’s narrative, for while Cohen and McKillop are clearly not fans of civilian nuclear power, it is hard not to take from The Doomsday Machine a grudging admiration for the industry’s powers of mythmaking and influence peddling.

Take, for example, Wald’s unexamined–and oft-repeated–regurgitation of the nuclear sector’s claim that atomic power is “zero-carbon energy.” As is spelled out in The Doomsday Machine, and as has been detailed on this site, as well, nuclear power is quite the opposite–from uranium mining to fuel refining, from transport to waste storage, nuclear power models a carbon footprint that brings to mind Bambi Meets Godzilla. While many will likely be uncomfortable with the Cohen-McKillop approach to climate change (again, more on this during the April 22 book salon), Wald’s work itself stands as testament to the nuclear narrative’s ability to morph from “too cheap to meter” to “zero-carbon energy.”

As if to underline this point, Wald writes, without any apparent irony, that the reason America is now burdened with a fleet of 104 aged nuclear reactors that have not been upgraded since the 1980s is because “competition from other sources of electricity is strong.”

One wonders, too, about Wald’s take on climate change when he characterizes China and India as doing “not much hand-wringing over global warming.” Does Wald believe that the reaction in most of the rest of the northern industrialized world is just so much hand-wringing?

The blips about Japan and Germany are not smart or informative explanations, either. The tradition in Japan is that local governments have a say on whether reactors can restart, and while, yes, 53 of Japan’s 54 reactors are now offline as a result of either the Tohoku quake, the ongoing Fukushima crisis, or other maintenance concerns, the government of Japanese Prime Minister Yoshihiko Noda is pushing hard to ignore precedent and bring nuclear plants back online over the objections of local residents.

In Germany, as has been observed here many times, the particulars of their parliamentary system left the previously pro-nuclear government of Angela Merkel looking for a new coalition partner in advance of the coming national elections, and the bargaining chip to potentially bring the Green Party into the next government was a change in nuclear policy. This is not a bad thing, mind you–the commitment to phasing out nuclear power in the next decade has allowed Germany to seize the moment and rocket to the forefront of nations gearing up for the next technical revolution (the post-hydrocarbon, renewable-energy revolution)–but it is not the same as the simple refutation in Wald’s story.

And the problems in Wald’s reporting extend beyond a mischaracterization of one book’s argument. Running throughout articles like this one, and throughout the New York Times’ energy coverage, in general, is the “gone native” taint of access journalism.

Boldfaced names impart authority, not just to the point in the story, but also to the journalist who got the quote. The higher up the food chain, be it in government or the corporate world, the more impressive the “get.” Having a senior administration official or a top industry spokesperson or CEO lends a shorthand gravitas to the story, and lends even more to a journalist’s “rolodex.”

To take the piece in question as one example, why waste precious column inches on explanations from any number of available engineers, experts and activists on why the AP1000 reactors just Okayed by the Nuclear Regulatory Commission would actually not have prevented a Fukushima-like disaster, and, quite possibly, could have made things worse? Instead, just get Jim Ferland, the recent president and chief executive of Westinghouse Electric, to say, “If an AP1000 had been there [in Japan], we wouldn’t be having this discussion today; that plant would be back on line.”

In fact, as readers of this space learned last year, the most exciting thing about the AP1000 reactor to the nuclear industry is that is uses less concrete and rebar, and lots of theoretically “off the shelf” parts, so that construction promises to be cheaper than it was for previous generations of light water reactors. The “passive” safety of the design is a nice story, but it has no real-world case study to add to the narrative. (Indeed, fears about what might happen to the skimpy containment of the AP1000 during a quake or explosion long ago earned it the nickname “the eggshell reactor.”)

That the real excitement here comes from cost savings and not safety is actually backed up by the penultimate paragraph of this same Times article. Wald again goes to Ferland, who says that because similar reactors have already been built in China, it will now be easier and faster (and, thus, cheaper) to build them here.

Funny enough, that very argument is debunked, and at great length, in The Doomsday Machine. Maybe Wald didn’t get that far, but the book details how France attempted to standardize and routinize its nuclear plant construction, and not only were no savings seen, the price of the facilities–and the price of the electricity they delivered–actually went up.

But again, that is another wordy explanation for why nuclear continues to fail to fulfill its promise, and not a pithy quote. Much more impressive, it would seem, are the assurances of a current member of the Nuclear Regulatory Commission:

“It seems like every time something happens, you always get these prognostications this is the end, the nuclear industry has come to a halt,” said William D. Magwood IV, one of the five members of the Nuclear Regulatory Commission and a former assistant secretary of energy in charge of promoting nuclear power.

. . . .

Mr. Magwood argues that the situation is not so dire, though, because the “renaissance” was never as big as some people assumed. He said he calculated in 2008 that of the 23 or so projects that were under discussion, only 12 were actually under development, and of those, only 10 faced no real licensing or technical hurdles. But only five of those had clear sources of financing. He assumed three would be in the first wave; now it is two. The industry insists that even its small-scale rebirth is a step forward. Those two pairs of reactors could lay the groundwork for more.

Wald does point out Magwood’s position on the NRC, and his former role as a promoter of nuclear power in the Department of Energy. It would probably break up the flow of the article to mention that Magwood has been embroiled in a power struggle with the Chairman of the NRC, Gregory Jaczko, in part because Jaczko has expressed slightly more concern that US nuclear facilities make safety upgrades to reflect lessons learned from the Fukushima crisis. (Magwood and three other members of the NRC have consistently opposed Jaczko on mandating any post-Fukushima reforms.)

But, as “bold” a “get” as Magwood might be, his argument, as relayed by Wald, folds in on itself. Forget that Wald starts this article with Tennessee Senator Lamar Alexander’s call for 100 new reactors, and forget that the much pooh-poohed “polemic” by Cohen and McKillop recounts the history of promises many times this size (not to mention current assertions that hundreds, if not thousands, of new reactors are “essential” to either meet growing demand or mitigate climate change), Magwood’s own quote pretty much spells it out: the industry talks big, but they have little to really deliver. They call it a “renaissance,” but they hope that getting a pair of reactors up and running (in five to seven years, and at a cost of $14 billion or more, mind you) will “lay the groundwork for more.”

Hating the game–and its players

There is a funny parallel between the stories of two second-millennium industries trying hard to stay relevant in the third–how can they change to meet evolving needs, overcome economic challenges and adapt to technological revolutions? The difference, of course, is that while news reporting has served us well in the past and can continue to be necessary and important if done right, nuclear has only been a burden–ecological and economic–and has yet to demonstrate what “done right” actually means.

Working as a reporter in the post-millennial media environment is in many ways an unenviable task–demands for content rapidly increase while bureaus and support staffs are cut way back. You want to hate the game, and not the player, but it is hard when the players blur the distinctions between the sports.

Rubbing elbows at exclusive, industry-sponsored “forums” might make sense for corporate bottom lines, and it might make life a little easier–or at least a little more fun–for stressed-out scribes, but it does nothing, really, for the consumer. And that would be for the consumer of the energy product or the news product.

Perhaps access journalism seems like a natural consequence of the corporatization of media, but there is still enough good reporting out there to say that it doesn’t need to be. Inserts like the New York Times‘ special “Energy” section, however, are a logical outgrowth of corporate/government/fourth estate salons like Times Forum. Corporate underwriters want something for their investment of money, just as corporate and government big shots want something for their time. To the writers at a place like the Times, it might not feel like arm twisting or pay-to-play, but it is human nature to warm to those in the noblesse who convey a bit of oblige.

The dire problem here, of course, is that when it comes to matters as urgent as energy and climate–or as hazardous and costly as nuclear power–one reporter’s warm fuzzy becomes thousands or millions of people’s overheated and pointedly dangerous world.

If inviting everyone at every level to the highbrow hobnob might make it, shall we say, too “hot, flat, and crowded” at Times Center, then it is up to those lucky enough to be on the inside, those like Matt Wald, to stray beyond their comfort zone and question the powers-that-be a little harder about what they plan to use for power. Bite the hand that feeds you–as hard as that might seem when you are all sharing a box lunch.

As for a corporate media megalith like the Times, maybe this is what they do now–maybe, like the scorpion that can’t help but sting the frog, it is in their nature. But the consumer–of both news and energy–would be the frog in that analogy, and so it is all of our responsibility to make some pointed demands before blithely trusting that articulate arthropod. We want to be invited to the party, or at least get to see what goes into the cake before we are told to eat it.

Something Fishy: CRS Report Downplays Fukushima’s Effect on US Marine Environment

japan

(photo: JanneM)

Late Thursday, the United States Coast Guard reported that they had successfully scuttled the Ryou-Un Maru, the Japanese “Ghost Ship” that had drifted into US waters after being torn from its moorings by the tsunami that followed the Tohoku earthquake over a year ago. The 200-foot fishing trawler, which was reportedly headed for scrap before it was swept away, was seen as potentially dangerous as it drifted near busy shipping lanes.

Coincidentally, the “disappearing” of the Ghost Ship came during the same week the Congressional Research Service (CRS) released its report on the effects of the Fukushima Daiichi nuclear disaster on the US marine environment, and, frankly, the metaphor couldn’t be more perfect. The Ryou-Un Maru is now resting at the bottom of the ocean–literally nothing more to see there, thanks to a few rounds from a 25mm Coast Guard gun–and the CRS hopes to dispatch fears of the radioactive contamination of US waters and seafood with the same alacrity.

But while the Ghost Ship was not considered a major ecological threat (though it did go down with around 2,000 gallons of diesel fuel in its tanks), the US government acknowledges that this “good luck ship” (a rough translation of its name) is an early taste of the estimated 1.5 million tons of tsunami debris expected to hit North American shores over the next two or three years. Similarly, the CRS report (titled Effects of Radiation from Fukushima Dai-ichi on the U.S. Marine Environment [PDF]) adopts an overall tone of “no worries here–its all under control,” but a closer reading reveals hints of “more to come.”

Indeed, the report feels as it were put through a political rinse cycle, limited both in the strength of its language and the scope of its investigation. This tension is evident right from the start–take, for example, these three paragraphs from the report’s executive summary:

Both ocean currents and atmospheric winds have the potential to transport radiation over and into marine waters under U.S. jurisdiction. It is unknown whether marine organisms that migrate through or near Japanese waters to locations where they might subsequently be harvested by U.S. fishermen (possibly some albacore tuna or salmon in the North Pacific) might have been exposed to radiation in or near Japanese waters, or might have consumed prey with accumulated radioactive contaminants.

High levels of radioactive iodine-131 (with a half-life of about 8 days), cesium-137 (with a half-life of about 30 years), and cesium-134 (with a half-life of about 2 years) were measured in seawater adjacent to the Fukushima Dai-ichi site after the March 2011 events. EPA rainfall monitors in California, Idaho, and Minnesota detected trace amounts of radioactive iodine, cesium, and tellurium consistent with the Japanese nuclear incident, at concentrations below any level of concern. It is uncertain how precipitation of radioactive elements from the atmosphere may have affected radiation levels in the marine environment.

Scientists have stated that radiation in the ocean very quickly becomes diluted and would not be a problem beyond the coast of Japan. The same is true of radiation carried by winds. Barring another unanticipated release, radioactive contaminants from Fukushima Dai-ichi should be sufficiently dispersed over time that they will not prove to be a serious health threat elsewhere, unless they bioaccumulate in migratory fish or find their way directly to another part of the world through food or other commercial products.

Winds and currents have “the potential” to transport radiation into US waters? Winds–quite measurably–already have, and computer models show that currents, over the next couple of years, most certainly will.

Are there concentrations of radioisotopes that are “below concern?” No reputable scientist would make such a statement. And if monitors in the continental United States detected radioactive iodine, cesium and tellurium in March 2011, then why did they stop the monitoring (or at least stop reporting it) by June?

The third paragraph, however, wins the double-take prize. Radiation would not be a problem beyond the coast? Fish caught hundreds of miles away would beg to differ. “Barring another unanticipated release. . . ?” Over the now almost 13 months since the Fukushima crisis began, there have been a series of releases into the air and into the ocean–some planned, some perhaps unanticipated at the time, but overall, the pattern is clear, radioactivity continues to enter the environment at unprecedented levels.

And radioactive contaminants “should be sufficiently dispersed over time, unless they bioaccumulate?” Unless? Bioaccumulation is not some crazy, unobserved hypothesis, it is a documented biological process. Bioaccumulation will happen–it will happen in migratory fish and it will happen as under-policed food and commercial products (not to mention that pesky debris) make their way around the globe.

Maybe that is supposed to be read by inquiring minds as the report’s “please ignore he man behind the curtain” moment–an intellectual out clause disguised as an authoritative analgesic–but there is no escaping the intent. Though filled with caveats and counterfactuals, the report is clearly meant to serve as a sop to those alarmed by the spreading ecological catastrophe posed by the ongoing Fukushima disaster.

The devil is in the details–the dangers are in the data

Beyond the wiggle words, perhaps the most damning indictment of the CRS marine radiation report can be found in the footnotes–or, more pointedly, in the dates of the footnotes. Though this report was released over a year after the Tohoku earthquake and tsunami triggered the Fukushima nightmare, the CRS bases the preponderance of its findings on information generated during the disaster’s first month. In fact, of the document’s 29 footnotes, only a handful date from after May 2011–one of those points to a CNN report (authoritative!), one to a status update on the Fukushima reactor structures, one confirms the value of Japanese seafood imports, three are items tracking the tsunami debris, and one directs readers to a government page on FDA radiation screening, the pertinent part of which was last updated on March 28 of last year.

Most crucially, the parts of the CRS paper that downplay the amounts of radiation measured by domestic US sensors all cite data collected within the first few weeks of the crisis. The point about radioisotopes being “below any level of concern” comes from an EPA news release dated March 22, 2011–eleven days after the earthquake, only six days after the last reported reactor explosion, and well before so many radioactive releases into the air and ocean. It is like taking reports of only minor flooding from two hours after Hurricane Katrina passed over New Orleans, and using them as the standard for levee repair and gulf disaster planning (perhaps not the best example, as many have critiqued levee repairs for their failure to incorporate all the lessons learned from Katrina).

It now being April of 2012, much more information is available, and clearly any report that expects to be called serious should have included at least some of it.

By October of last year, scientists were already doubling their estimates of the radiation pushed into the atmosphere by the Daiichi reactors, and in early November, as reported here, France’s Institute for Radiological Protection and Nuclear Safety issued a report showing the amount of cesium 137 released into the ocean was 30 times greater than what was stated by TEPCO in May. Shockingly, the Congressional Research Service does not reference this report.

Or take the early March 2012 revelation that seaweed samples collected from off the coast of southern California show levels of radioactive iodine 131 500 percent higher than those from anywhere else in the US or Canada. It should be noted that this is the result of airborne fallout–the samples were taken in mid-to-late-March 2011, much too soon for water-borne contamination to have reached that area–and so serves to confirm models that showed a plume of radioactive fallout with the greatest contact in central and southern California. (Again, this specific report was released a month before the CRS report, but the data it uses were collected over a year ago.)

Then there are the food samples taken around Japan over the course of the last year showing freshwater and sea fish–some caught over 200 kilometers from Fukushima–with radiation levels topping 100 becquerels per kilogram (one topping 600 Bq/kg).

And the beat goes on

This information, and much similar to it, was all available before the CRS released its document, but the report also operates in a risibly artificial universe that assumes the situation at Fukushima Daiichi has basically stabilized. As a sampling of pretty much any week’s news will tell you, it has not. Take, for example, this week:

About 12 tons of water contaminated with radioactive strontium are feared to have leaked from the Fukushima No. 1 plant into the Pacific Ocean, Tepco said Thursday.

The leak occurred when a pipe broke off from a joint while the water was being filtered for cesium, Tokyo Electric Power Co. said.

The system doesn’t remove strontium, and most of the water apparently entered the sea via a drainage route, Tepco added.

The water contained 16.7 becquerels of cesium per cu. centimeter and tests are under way to determine how much strontium was in it, Tepco said.

This is the second such leak in less than two weeks, and as Kazuhiko Kudo, a professor of nuclear engineering at Kyushu University who visited Fukushima Daiichi twice last year, noted:

There will be similar leaks until Tepco improves equipment. The site had plastic pipes to transfer radioactive water, which Tepco officials said are durable and for industrial use, but it’s not something normally used at nuclear plants. Tepco must replace it with metal equipment, such as steel.

(The plastic tubes–complete with the vinyl and duct tape patch–can be viewed here.)

And would that the good people at the Congressional Research Service could have waited to read a report that came out the same day as theirs:

Radioactive material from the Fukushima nuclear disaster has been found in tiny sea creatures and ocean water some 186 miles (300 kilometers) off the coast of Japan, revealing the extent of the release and the direction pollutants might take in a future environmental disaster.

In some places, the researchers from Woods Hole Oceanographic Institution (WHOI) discovered cesium radiation hundreds to thousands of times higher than would be expected naturally, with ocean eddies and larger currents both guiding the “radioactive debris” and concentrating it.

Or would that the folks at CRS had looked to their fellow government agencies before they went off half-cocked. (The study above was done by researchers at Woods Hole and written up in the journal of the National Academy of Sciences.) In fact, it appears the CRS could have done that. In its report, CRS mentions that “Experts cite [Fukushima] as the largest recorded release of radiation to the ocean,” and the source for that point is a paper by Ken Buesseler–the same Ken Buesseler that was the oceanographer in charge of the WHOI study. Imagine what could have been if the Congressional Research Service had actually contacted the original researcher.

Can openers all around

Or perhaps it wouldn’t have mattered. For if there is one obvious takeaway from the CRS paper, beyond its limits of scope and authority, that seeks to absolve it of all other oversights–it is its unfailing confidence in government oversight.

Take a gander at the section under the bolded question “Are there implications for US seafood safety?”:

It does not appear that nuclear contamination of seafood will be a food safety problem for consumers in the United States. Among the main reasons are that:

  • damage from the disaster limited seafood production in the affected areas,
  • radioactive material would be diluted before reaching U.S. fishing grounds, and
  • seafood imports from Japan are being examined before entry into the United States.

According to the U.S. Food and Drug Administration (FDA), because of damage from the earthquake and tsunami to infrastructure, few if any food products are being exported from the affected region. For example, according to the National Federation of Fisheries Cooperative Associations, the region’s fishing industry has stopped landing and selling fish. Furthermore, a fishing ban has been enforced within a 2-kilometer radius around the damaged nuclear facility.

So, the Food and Drug Administration is relying on the word of an industry group and a Japanese government-enforced ban that encompasses a two-kilometer radius–what link of that chain is supposed to be reassuring?

Last things first: two kilometers? Well, perhaps the CRS should hire a few proofreaders. A search of the source materials finds that the ban is supposed to be 20-kilometers. Indeed, the Japanese government quarantined the land for a 20-kilometer radius. The US suggested evacuation from a 50-mile (80-kilometer) radius. The CRS’s own report notes contaminated fish were collected 30 kilometers from Fukushima. So why is even 20 kilometers suddenly a radius to brag about?

As for a damaged industry not exporting, numerous reports show the Japanese government stepping in to remedy that “problem.” From domestic PR campaigns encouraging the consumption of foodstuffs from Fukushima prefecture, to the Japanese companies selling food from the region to other countries at deep discounts, to the Japanese government setting up internet clearing houses to help move tainted products, all signs point to a power structure that sees exporting possibly radioactive goods as essential to its survival.

The point on dilution, of course, not only ignores the way many large scale fishing operations work, it ignores airborne contamination and runs counter to the report’s own acknowledgment of bioaccumulation.

But maybe the shakiest assertion of all is that the US Food and Drug Administration will stop all contaminated imports at the water’s edge. While imports hardly represent the total picture when evaluating US seafood safety, taking this for the small slice of the problem it covers, it engenders raised eyebrows.

First there is the oft-referenced point from nuclear engineer Arnie Gundersen, who said last summer that State Department officials told him of a secret agreement between Japan and Secretary Hilary Clinton guaranteeing the continued importation of Japanese food. While independent confirmation of this pact is hard to come by, there is the plain fact that, beyond bans on milk, dairy products, fruits and vegetables from the Fukushima region issued in late March 2011, the US has proffered no other restrictions on Japanese food imports (and those few restrictions for Japanese food were lifted for US military commissaries in September).

And perhaps most damning, there was the statement from an FDA representative last April declaring that North Pacific seafood was so unlikely to be contaminated that “no sampling or monitoring of our fish is necessary.” The FDA said at the time that it would rely on the National Oceanographic and Atmospheric Administration (NOAA) to tell it when they should consider testing seafood, but a NOAA spokesperson said it was the FDA’s call.

Good. Glad that’s been sorted out.

The Congressional Research Service report seems to fall victim to a problem noted often here–they assume a can opener. As per the joke, the writers stipulate a functioning mechanism before explaining their solution. As many nuclear industry-watchers assume a functioning regulatory process (as opposed to a captured Nuclear Regulatory Commission, an industry-friendly Department of Energy, and industry-purchased members of Congress) when speaking of the hypothetical safety of nuclear power, the CRS here assumes an FDA interested first and foremost in protecting the general public, instead of an agency trying to strike some awkward “balance” between health, profit and politics. The can opener story is a joke; the effects of this real-life example are not.

Garbage in, garbage out

The Congressional Research Service, a part of the Library of Congress, is intended to function as the research and analysis wing of the US Congress. It is supposed to be objective, it is supposed to be accurate, and it is supposed to be authoritative. America needs the CRS to be all of those things because the agency’s words are expected to inform federal legislation. When the CRS shirks its responsibility, shapes its words to fit comfortably into the conventional wisdom, or shaves off the sharp corners to curry political favor, the impact is more than academic.

When the CRS limits its scope to avoid inconvenient truths, it bears false witness to the most important events of our time. When the CRS pretends other government agencies are doing their jobs–despite documentable evidence to the contrary–then they are not performing theirs. And when the CRS issues a report that ignores the data and the science so that a few industries might profit, it is America that loses.

The authors of this particular report might not be around when the bulk of the cancers and defects tied to the radiation from Fukushima Daiichi present in the general population, but this paper’s integrity today could influence those numbers tomorrow. Bad, biased, or bowdlerized advice could scuttle meaningful efforts to make consequential policy.

If the policy analysts that sign their names to reports like this don’t want their work used for scrap paper, then maybe they should take a lesson from the Ryou-Un Maru. Going where the winds and currents take you makes you at best a curiosity, and more likely a nuisance–just so much flotsam and jetsam getting in the way of actual business. Works of note come with moral rudders, anchored to best data available; without that, the report might as well just say “good luck.”

Looking Back at Our Nuclear Future

nuclear reactor, rocketdyne, LAT

The Los Angeles Times heralds the nuclear age in January 1957. (photo via wikipedia)

On March 11, communities around the world commemorated the first year of the still-evolving Fukushima Daiichi nuclear disaster with rallies, marches, moments of silence, and numerous retrospective reports and essays (including one here). But 17 days later, another anniversary passed with much less fanfare.

It was in the early morning hours of March 28, 1979, that a chain of events at the Three Mile Island nuclear power plant in Dauphin County, Pennsylvania caused what is known as a “loss of coolant accident,” resulting in a partial core meltdown, a likely hydrogen explosion, the venting of some amount of radioisotopes into the air and the dumping of 40,000 gallons of radioactive waste water into the Susquehanna River. TMI (as it is sometimes abbreviated) is often called America’s worst commercial nuclear accident, and though the nuclear industry and its acolytes have worked long and hard to downplay any adverse health effects stemming from the mishap, the fact is that what happened in Pennsylvania 33 years ago changed the face and future of nuclear power.

The construction of new nuclear power facilities in the US was already in decline by the mid 1970s, but the Three Mile Island disaster essentially brought all new projects to a halt. There were no construction licenses granted to new nuclear plants from the time of TMI until February of this year, when the NRC gave a hasty go-ahead to two reactors slated for the Vogtle facility in Georgia. And though health and safety concerns certainly played a part in this informal moratorium, cost had at least an equal role. The construction of new plants proved more and more expensive, never coming in on time or on budget, and the cleanup of the damaged unit at Three Mile Island took 14 years and cost over $1 billion. Even with the Price-Anderson Act limiting the industry’s liability, nuclear power plants are considered such bad risks that no financing can be secured without federal loan guarantees.

In spite of that–or because of that–the nuclear industry has pushed steadily over the last three decades to wring every penny out of America’s aging reactors, pumping goodly amounts of their hefty profits into lobbying efforts and campaign contributions designed to capture regulators and elected officials and propagate the age-old myth of an energy source that is clean, safe, and, if not exactly “too cheap to meter,” at least impressively competitive with other options. The result is a fleet of over 100 reactors nearing the end of their design lives–many with documented dangers and potential pitfalls that could rival TMI–now seeking and regularly getting license extensions from the Nuclear Regulatory Commission while that same agency softens and delays requirements for safety upgrades.

And all of that cozy cooperation between government and big business goes on with the nuclear industry pushing the idea of a “nuclear renaissance.” In the wake of Fukushima, the industry has in fact increased its efforts, lobbying the US and British governments to downplay the disaster, and working with its mouthpieces in Congress and on the NRC to try to kill recommended new regulations and force out the slightly more safety-conscious NRC chair. And, just this month, the Nuclear Energy Institute, the chief nuclear trade group, moved to take their message to what might be considered a less friendly cohort, launching a splashy PR campaign by underwriting public radio broadcasts and buying time for a fun and funky 60-second animated ad on The Daily Show.

All of this is done with the kind of confidence that only comes from knowing you have the money to move political practice and, perhaps, public opinion. Three Mile Island is, to the industry, the exception that proves the rule–if not an out-and-out success. “No one died,” you will hear–environmental contamination and the latest surveys now showing increased rates of Leukemia some 30 years later be damned–and that TMI is the only major accident in over half a century of domestic nuclear power generation.

Of course, this is not even remotely true–names like Browns Ferry, Cooper, Millstone, Indian Point and Vermont Yankee come to mind–but even if you discount plant fires and tritium leaks, Three Mile Island is not even America’s only meltdown.

There is, of course, the 1966 accident at Michigan’s Enrico Fermi Nuclear Generating Station, chronicled in the John Grant Fuller book We Almost Lost Detroit, but atom-lovers will dismiss this because Fermi 1 was an experimental breeder reactor, so it is not technically a “commercial” nuclear accident.

But go back in time another seven years–a full 20 before TMI–and the annals of nuclear power contain the troubling tale of another criticality accident, one that coincidentally is again in the news this week, almost 53 years later.

The Sodium Reactor Experiment

On July 12, 1957, the Sodium Reactor Experiment (SRE) at the Santa Susana Nuclear Field Laboratory near Simi Valley, California, became the first US nuclear reactor to produce electricity for a commercial power grid. SRE was a sodium-cooled reactor designed by Atomics International, a division of North American Aviation, a company more often known by the name of its other subsidiary, Rocketdyne. Southern California Edison used the electricity generated by SRE to light the nearby town of Moorpark.

Sometime during July 1959–the exact date is still not entirely clear–a lubricant used to cool the seals on the pump system seeped into the primary coolant, broke down in the heat and formed a compound that clogged cooling channels. Because of either curiosity or ignorance, operators continued to run the SRE despite wide fluctuations in core temperature and generating capacity.

Following a pattern that is now all too familiar, increased temperatures caused increased pressure, necessitating what was even then called a “controlled venting” of radioactive vapor. How much radioactivity was released into the environment is cause for some debate, for, in 1959, there was less monitoring and even less transparency. Current reconstructions, however, believe the release was possibly as high as 450 times greater than what was vented at Three Mile Island.

When the reactor was finally shut down and the fuel rods were removed (which was a trick in itself, as some were stuck and others broke), it was found that over a quarter showed signs of melting.

The SRE was eventually repaired and restarted in 1960, running on and off for another four years. Decommissioning began in 1976, and was finished in 1981, but the story doesn’t end there. Not even close.

Fifty-three years after a partial nuclear meltdown at the Santa Susana Field Laboratory site in the Chatsworth Hills, the U.S. Environmental Protection Agency has just released data finding extensive radioactive contamination still remains at the accident site.

“This confirms what we were worried about,” said Assemblywoman Julia Brownley, D-Oak Park, a long-time leader in the fight for a complete and thorough cleanup of this former Rocketdyne rocket engine testing laboratory. “This begins to answer critical questions about what’s still up there, where, how much, and how bad?”

Well, it sort of begins to answer it.

New soil samples weigh in at up to 1,000 times the radiation trigger levels (RTLs) agreed to when the Department of Energy struck a cleanup deal with the California Department of Toxic Substances in 2010. What’s more, these measurements follow two previous cleanup efforts by the DOE and Boeing, the company that now owns Santa Susana.

In light of the new findings, Assemblywoman Brownley has called on the DOE to comply with the agreement and do a real and thorough cleanup of the site. That means taking radiation levels down to what are the established natural background readings for the area. But that, as is noted by local reporter Michael Collins, “may be easier said than done”:

This latest U.S. EPA information appears to redefine what cleaning up to background actually is. Publicly available documents show that the levels of radiation in this part of Area IV where the SRE once stood are actually many thousands of times more contaminated than previously thought.

Just as troubling, the EPA’s RTLs, which are supposed to mirror the extensively tested and reported-on backgrounds of the numerous radionuclides at the site, were many times over the background threshold values (BTVs). So instead of cleaning up to background, much more radiation would be left in the ground, saving the government and lab owner Boeing millions in cleanup.

It is a disturbing tale of what Collins calls a kind of environmental “bait and switch” (of which he provides even more detail in an earlier report), but after a year of documenting the mis- and malfeasance of the nuclear industry and its supposed regulators, it is, to us here, anyway, not a surprising one.

To the atom-enamored, it is as if facts have a half-life all their own. The pattern of swearing that an event is no big deal, only to come back with revision after revision, each admitting a little bit more in a seemingly never-ending regression to what might approximately describe a terrible reality. It would be reminiscent of the “mom’s on the roof” joke if anyone actually believed that nuclear operators and their chummy government minders ever intended to eventually relay the truth.

Fukushima’s latest surprise

Indeed, that unsettling pattern is again visible in the latest news from Japan. This week saw revelations that radiation inside Fukushima Daiichi’s reactor 2 containment vessel clocked in at levels seriously higher than previously thought, while water levels are seriously lower.

An endoscopic camera, thermometer, water gauge and dosimeter were inserted into the number 2 reactor containment, and it documented radiation levels of up to 70 sieverts per hour, which is not only seven times the previous highest measurement, but 10 times higher than what is called a fatal dose (7 Sv/hr would kill a human in minutes).

The water level inside the containment vessel, estimated to be at 10 meters when the Japanese government declared a “cold shutdown” in December, turns out to be no more than 60 centimeters (about two feet).

This is disquieting news for many reasons. First, the high radiation not only makes it impossible for humans to get near the reactor, it makes current robotic technology impractical, as well. The camera, for instance, would only last 14 hours in those conditions. If the molten core is to be removed, a new class of radiation-resistant robots will have to be developed.

The extremely low water levels signal more troubling scenarios. Though some experts believe that the fuel rods have melted down or melted through to such an extent that two feet of water can keep them covered, it likely indicates a breach or breaches of the containment vessel. Plant workers, after all, have been pumping water into the reactor constantly for months now (why no one noticed that they kept having to add water to the system, or why no one cared, is plenty disturbing, as is the question of where all that extra water has gone).

Arnie Gundersen of nuclear engineering consultancy Fairewinds Associates believes that the level of water roughly corresponds with the lower lip of the vessel’s suppression pool–further evidence that reactor 2 suffered a hydrogen explosion, as did two other units at Fukushima. Gundersen also believes that the combination of heat, radioactivity and seawater likely degraded the seals on points where tubes and wires penetrated the structure–so even if there were no additional cracks from an explosion or the earthquake, the system is now almost certainly riddled with holes.

The holes pose a couple of problems, not only does it mean more contaminated water leaking into the environment, it precludes filling the building with water to shield people and equipment from radiation. Combined with the elevated radiation readings, this will most certainly mean a considerably longer and more expensive cleanup.

And reactor 2 was considered the Fukushima unit in the best shape.

(Reactor 2 is also the unit that experienced a rapid rise in temperature and possible re-criticality in early February. TEPCO officials later attributed this finding to a faulty thermometer, but if one were skeptical of that explanation before, the new information about high radiation and low water levels should warrant a re-examination of February’s events.)

What does this all mean? Well, for Japan, it means injecting another $22 billion into Fukushima’s nominal owners, TEPCO–$12 billion just to stay solvent, and $10.2 billion to cover compensation for those injured or displaced by the nuclear crisis. That cash dump comes on top of the $18 billion already coughed up by the Japanese government, and is just a small down payment on what is estimated to be a $137 billion bailout of the power company.

It also means a further erosion of trust in an industry and a government already short on respect.

The same holds true in the US, where poor communication and misinformation left the residents of central Pennsylvania panicked and perturbed some 33 years ago, and the story is duplicated on varying scales almost weekly somewhere near one of America’s 104 aging and increasingly accident-prone nuclear reactors.

And, increasingly, residents and the state and local governments that represent them are saying “enough.” Whether it is the citizens and state officials from California’s Simi Valley demanding the real cleanup of a 53-year-old meltdown, or the people and legislature of Vermont facing off with the federal government on who has ultimate authority to assure that the next nuclear accident doesn’t happen in their backyard, Americans are looking at their future in the context of nuclear’s troubled past.

One year after Fukushima, 33 years after Three Mile Island, and 53 years after the Sodium Reactor Experiment, isn’t it time the US federal government did so, too?

As World Honors Fukushima Victims, NRC Gives Them a One-Fingered Salute

Sign from Fukushima commemoration and anti-nuclear power rally, Union Square Park, NYC, 3/11/12. (photo: G. Levine)

Nearly a week after the first anniversary of the Japanese earthquake and tsunami that started the crisis at the Fukushima Daiichi nuclear power facility, I am still sorting through the dozens of reports, retrospectives and essays commemorating the event. The sheer volume of material has been a little exhausting, but that is, of course, compounded by the weight of the subject. From reviewing the horrors of a year ago–now even more horrific, thanks to many new revelations about the disaster–to contemplating what lies ahead for residents of Japan and, indeed, the world, it is hard just to read about it; living it–then, now, and in the future–is almost impossible for me to fathom.

But while living with the aftermath might be hard to imagine, that such a catastrophe could and likely would happen was not. In fact, if there is a theme (beyond the suffering of the Japanese people) that runs through all the Fukushima look-backs, it is the predictability–the mountains of evidence that said Japan’s nuclear plants were vulnerable, and if nothing were done, a disaster (like the one we have today) should be expected.

I touched on this last week in my own anniversary examination, and now I see that Dawn Stover, contributing editor at The Bulletin of the Atomic Scientists, draws a similar comparison:

Although many politicians have characterized 3/11 and 9/11 as bizarre, near-impossible events that could not have been foreseen, in both cases there were clear but unheeded warnings. . . . In the case of 3/11, the nuclear plant’s operators ignored scientific studies showing that the risks of a tsunami had been dramatically underestimated. Japan’s “safety culture,” which asserted that accidents were impossible, prevented regulators from taking a hard look at whether emergency safety systems would function properly in a tsunami-caused station blackout.

Stover goes on to explain many points where the two nightmare narratives run parallel. She notes how while governments often restrict information, stating that they need to guard against mass panic, it is actually the officials who are revealed to be in disarray. By contrast, in both cases, first responders behaved rationally and professionally, putting themselves at great risk in attempts to save others.

In both cases, communication–or, rather, the terrible lack of it–between sectors of government and between officials and responders exacerbated the crisis and put more lives at risk.

And with both 9/11 and 3/11, the public’s trust in government was shaken. And that crisis of trust was made worse by officials obscuring the facts and covering their tracks to save their own reputations.

But perhaps with that last point, it is more my reading my observations into hers than a straight retelling of Stover. Indeed, it is sad to note that Stover concludes her Fukushima think piece with a similar brand of CYA hogwash:

By focusing needed attention on threats to our existence, 3/11 and 9/11 have brought about some positive changes. The nuclear disaster in Japan has alerted nuclear regulators and operators around the world to the vulnerabilities of nuclear power plant cooling systems and will inevitably lead to better standards for safety and siting — and perhaps even lend a new urgency to the problem of spent fuel. Likewise, 9/11 resulted in new security measures and intelligence reforms that have thus far prevented another major terrorist attack in the United States and have created additional safeguards for nuclear materials.

When it comes to post-9/11 “security” and “intelligence reforms,” Stover is clearly out of her depth, and using the Bush-Cheney “no new attacks” fallacy frankly undermines the credibility of the entire essay. But I reference it here because it sets up a more important point.

If only Stover had taken a lesson from her own story. The Fukushima disaster has not alerted nuclear regulators and operators to vulnerabilities–as has been made clear here and in several of the post-Fukushima reports, those vulnerabilities were all well known, and known well in advance of 3/11/11.

But even if this were some great and grand revelation, some signal moment, some clarion call, what in the annals of nuclear power makes Stover or any other commentator think that call will be heard? “Inevitably lead to better standards”–inevitably? We’d all exit laughing if we weren’t running for our lives.

Look no further than the “coincidental” late-Friday, pre-anniversary news dump from the US Nuclear Regulatory Commission.

Late on March 9, 2012, two days before the earthquake and tsunami would be a year in the rear-view mirror, the NRC put on a big splashy show. . . uh, strike that. . . released a weirdly underplayed written announcement that the commission had approved a set of new rules drawing on lessons learned from the Fukushima crisis:

The Nuclear Regulatory Commission ordered major safety changes for U.S. nuclear power plants Friday. . . .

The orders require U.S. nuclear plants to install or improve venting systems to limit core damage in a serious accident and to install sophisticated equipment to monitor water levels in pools of spent nuclear fuel.

The plants also must improve protection of safety equipment installed after the 2001 terrorist attacks and make sure it can handle damage to multiple reactors at the same time.

Awwwrighty then, that sounds good, right? New rules, more safety, responsive to the Japanese disaster at last–but the timing instantly raised questions.

It didn’t take long to discover these were not the rules you were looking for.

First off, these are only some of the recommendations put before the commission by their Near-Term Task Force some ten months ago, and while better monitoring of water levels in spent fuel pools and plans to handle multiple disasters are good ideas, it has been noted that the focus on hardening the vents in Mark I and Mark II boiling water reactors actually misdiagnoses what really went wrong in two of the Fukushima Daiichi reactors.

Also, it should be noted this represents less than half the recommendations in last summer’s report. It also does not mandate a migration of spent fuel from pools to dry casks, an additional precaution not explicitly in the report, but stressed by NRC chief Gregory Jaczko, as well as many industry watchdogs.

But most important–and glaring–of all, the language under which these rules passed could make it that almost none of them are ever enforced.

This is a little technical, so let me turn to one of the few members of Congress that actually spends time worrying about this, Rep. Ed Markey (D MA-7):

While I am encouraged that the Commission supports moving forward with three of the most straightforward and quickly-issued nuclear safety Orders recommended by their own expert staff, I am disappointed that several Commissioners once again have rejected the regulatory justification that they are necessary for the adequate protection of nuclear reactors in this country. . . .

After the terrorist attacks of September 11, 2001, the NRC determined that some nuclear security upgrades were required to be implemented for the “adequate protection” of all U.S. nuclear reactors. This meant that nuclear reactors would not be considered to be sufficiently secure without these new measures, and that an additional cost-benefit “backfit” analysis would not be required to justify their implementation. The “adequate protection” concept is derived from the Atomic Energy Act of 1954, and is reflected in NRC’s “Backfit Rule” which specifies that new regulations for existing nuclear reactors are not required to include this extra cost-benefit “backfit” analysis when the new regulations are “necessary to ensure that the facility provides adequate protection to the health and safety of the public.”

Both the NRC Fukushima Task Force and the NRC staff who reviewed the Task Force report concluded that the new post-Fukushima safety recommendations, including the Orders issued today, were also necessary for the “adequate protection” of existing U.S. nuclear power plants, and that additional cost-benefit analysis should not be required to justify their implementation.

While Chairman Jaczko’s vote re-affirmed his support of all the Near-Term Task Force’s recommendations, including the need to mandate them all on the basis that they are necessary for the adequate protection of all U.S. nuclear power plants, Commissioner Svinicki did not do so for any of the Orders, Commissioner Magwood did not do so for two of the three Orders, and Commissioners Apostolakis and Ostendorff rejected that basis for one of the three. As a result, the Order requiring technologies to monitor conditions in spent nuclear fuel pools during emergencies will proceed using a different regulatory basis. More importantly, the inability of the Commission to unanimously accept its own staff’s recommendations on these most straightforward safety measures presents an ominous signal of the manner in which the more complicated next sets of safety measures will be considered.

In other words, last Friday’s move was regulatory kabuki. By failing to use the strictest language for fuel pools, plant operators will be allowed to delay compliance for years, if not completely excuse themselves from it, based on the argument that the safety upgrade is too costly.

The other two rules are also on shaky ground, as it were. And even if by some miracle, the industry chose not to fight them, and the four uber-pro-nuclear commissioners didn’t throw up additional roadblocks, nothing is required of the nuclear facilities until December 31, 2016.

So, rather than it being a salutary moment, a tribute of sorts to the victims in Japan on the anniversary of their disaster, the announcement by the NRC stands more as an insult. It’s as if the US government is saying, “Sure, there are lessons to be learned here, but the profits of private energy conglomerates are more important than any citizen’s quaint notions of health and safety. “

As if any more examples were needed, these RINOs (rules in name only) demonstrate again that in America, as in Japan, the government is too close to the nuclear industry it is supposed to police.

And, for the bigger picture, as if any more examples were needed, be it before or after March 11, it really hasn’t been that hard to imagine the unimaginable. When an industry argues it has to forgo a margin of safety because of cost, there’s a good chance it was too dangerous and too expensive to begin with.

* * *

By way of contrast, take a look in at the some of the heartfelt expressions of commemoration and protest from New York’s Fukushima memorial and anti-nuclear rally, held last Sunday in Union Square Park.

Fukushima One Year On: Many Revelations, Few Surprises

Satellite image of Fukushima Daiichi showing damage on 3/14/11. (photo: digitalglobe)

One year on, perhaps the most surprising thing about the Fukushima crisis is that nothing is really that surprising. Almost every problem encountered was at some point foreseen, almost everything that went wrong was previously discussed, and almost every system that failed was predicted to fail, sometimes decades earlier. Not all by one person, obviously, not all at one time or in one place, but if there is anything to be gleaned from sorting through the multiple reports now being released to commemorate the first anniversary of the Tohoku earthquake and tsunami–and the start of the crisis at Fukushima Daiichi–it is that, while there is much still to be learned, we already know what is to be done. . . because we knew it all before the disaster began.

This is not to say that any one person–any plant manager, nuclear worker, TEPCO executive, or government official–had all that knowledge on hand or had all the guaranteed right answers when each moment of decision arose. We know that because the various timelines and reconstructions now make it clear that several individual mistakes were made in the minutes, hours and days following the dual natural disasters. Instead, the analysis a year out teaches us that any honest examination of the history of nuclear power, and any responsible engagement of the numerous red flags and warnings would have taken the Fukushima disasters (yes, plural) out of the realm of “if,” and placed it squarely into the category of “when.”

Following closely the release of findings by the Rebuild Japan Foundation and a report from the Union of Concerned Scientists (both discussed here in recent weeks), a new paper, “Fukushima in review: A complex disaster, a disastrous response,” written by two members of the Rebuild Japan Foundation for the Bulletin of the Atomic Scientists, provides a detailed and disturbing window on a long list of failures that exacerbated the problems at Japan’s crippled Fukushima Daiichi facility. Among them, they include misinterpreting on-site observations, the lack of applicable protocols, inadequate industry guidelines, and the absence of both a definitive chain of command and the physical presence of the supposed commanders. But first and foremost, existing at the core of the crisis that has seen three reactor meltdowns, numerous explosions, radioactive contamination of land, air and sea, and the mass and perhaps permanent evacuation of tens of thousands of residents from a 20 kilometer exclusion zone, is what the Bulletin paper calls “The trap of the absolute safety myth”:

Why were preparations for a nuclear accident so inadequate? One factor was a twisted myth–a belief in the “absolute safety” of nuclear power. This myth has been propagated by interest groups seeking to gain broad acceptance for nuclear power: A public relations effort on behalf of the absolute safety of nuclear power was deemed necessary to overcome the strong anti-nuclear sentiments connected to the atomic bombings of Hiroshima and Nagasaki.

Since the 1970s, disaster risk has been deliberately downplayed by what has been called Japan’s nuclear mura (“village” or “community”)–that is, nuclear advocates in industry, government, and academia, along with local leaders hoping to have nuclear power plants built in their municipalities. The mura has feared that if the risks related to nuclear energy were publicly acknowledged, citizens would demand that plants be shut down until the risks were removed. Japan’s nuclear community has also feared that preparation for a nuclear accident would in itself become a source of anxiety for people living near the plants.

The power of this myth, according to the authors, is strong. It led the government to actively cancel safety drills in the wake of previous, smaller nuclear incidents–claiming that they would cause “unnecessary anxiety”–and it led to a convenient classification for the events of last March 11:

The word used then to describe risks that would cause unnecessary public anxiety and misunderstanding was “unanticipated.” Significantly, TEPCO has been using this very word to describe the height of the March 11 tsunami that cut off primary and backup power to Fukushima Daiichi.

Ignoring for this moment the debate about what cut off primary power, the idea that the massive size of the tsunami–not to mention what it would do to the nuclear plant–was unanticipated is, as this paper observes, absurd. Studies of a 9th Century tsunami, as well as an internal report by TEPCO’s own nuclear energy division, showed there was a definite risk of large tsunamis at Fukushima. TEPCO dismissed these warnings as “academic.” The Japanese government, too, while recommending nuclear facilities consider these findings, did not mandate any changes.

Instead, both the industry and the government chose to perpetuate the “safety myth,” fearing that any admission of a need to improve or retrofit safety systems would result in “undue anxiety”–and, more importantly, public pressure to make costly changes.

Any of that sound familiar?

“No one could have possibly anticipated. . .” is not just the infamous Bush administration take on the attacks of 9/11/2001, it has become the format for many of the current excuses on why a disaster like Fukushima could happen once, and why little need now be done to make sure it doesn’t happen again.

In fact, reading the BAS Fukushima review, it is dishearteningly easy to imagine you are reading about the state of the American nuclear reactor fleet. Swapping in places like Three Mile Island, Palisades, Browns Ferry, Davis-Besse, San Onofre, Diablo Canyon, Vermont Yankee, and Indian Point for the assorted Japanese nuclear power plants is far too easy, and replacing the names of the much-maligned Japanese regulatory agencies with “Nuclear Regulatory Commission” and “Department of Energy” is easier still.

As observed a number of times over the last year, because of unusual events and full-on disasters at many of the aging nuclear plants in the US, American regulators have a pretty good idea of what can go wrong–and they have even made some attempts to suggest measures should be taken to prevent similar events in the future. But industry pressure has kept those suggestions to a minimum, and the cozy relationship between regulators and the regulated has diluted and dragged out many mandates to the point where they serve more as propaganda than prophylaxis.

Even with the Fukushima disaster still visible and metastasizing, requiring constant attention from every level of Japanese society and billions of Yen in emergency spending, even with isotopes from the Daiichi reactors still showing up in American food, air and water, and even with dozens of US reactors operating under circumstances eerily similar to pre-quake Fukushima, the US Nuclear Regulatory Commission has treated its own post-Fukushima taskforce recommendations with a pointed lack of urgency. And the pushback from the nuclear industry and their bought-and-paid-for benefactors in the government at the mere hint of new regulations or better enforcement indicates that America might have its own safety myth trap–though, in the US, it is propagated by the generations-old marketing mantra, “Clean, safe and too cheap to meter.”

Mythical, too, is the notion that the federal government has the regulatory infrastructure or political functionality to make any segment of that tripartite lie ring closer to true. From NRC chairman Gregory Jaczko’s bizarre faith in a body that has failed to act on his pre-Fukushima initiatives while actively conspiring to oust him, to the Union of Concerned Scientists’ assuming a regulatory “can opener,” the US may have a bigger problem than the absolute safety myth, and that would be the myth of a government with the will or ability to assure that safety.

Which, of course, is more than a shame–it’s a crime. With so many obvious flaws in the technology–from the costs of mining, importing and refining fuel to the costs of building an maintaining reactors, from the crisis in spent fuel storage to the “near misses” and looming disasters at aging facilities–with so many other industrialized nations now choosing to phase out nuclear and ramp up renewables, and with the lessons of Fukushima now so loud and clear, the path forward for the US should not be difficult to delineate.

Nuclear power is too dirty, too dangerous and too expensive to justify any longer. No one in America should assume that the willpower or wherewithal to manage these problems would magically appear when nothing sufficient has materialized in the last fifty years. Leaders should not mistake luck for efficacy, nor should they pretend birds of a feather are unrelated black swans. They know better, and they knew all they needed to know long before last year’s triple meltdown.

Nuclear is not in a “renaissance,” it is in its death throes. Now is the time to cut financial losses and guard against more precious ones. The federal government should take the $54.5 billion it pledged to the nuclear industry and use it instead to increase efficiency, conservation, and non-fissile/non-fossil energy innovation.

But you already knew that.

* * *

Extra Credit:

Compare and contrast this 25-minute video from Al Jazeera and the Center for Investigative Reporting with what you read in the Bulletin of the Atomic Scientists report mentioned above. For that matter, contrast it with the two longer but somehow less rigorous videos from Frontline, which were discussed here and here.

Also, there are events all over the globe this weekend to commemorate the first anniversary of the Tohoku earthquake and the nuclear crisis it triggered. To find an event in your area, see this list from Beyond Nuclear and the Freeze our Fukushimas Campaign.

Score One for Big Nuclear: Kaptur Bests Kucinich in Ohio Primary

Davis-Besse and its critic, Rep. Dennis Kucinich (D OH-9). (photos: NRC & Rep. Kucinich)

Fifteen-term House veteran Marcy Kaptur has defeated seven-term incumbent Dennis Kucinich in Tuesday’s primary for Ohio’s 9th congressional district. Rep. Kucinich previously represented OH-10, but was forced to compete with Kaptur when Ohio lost two seats in the last census. Republicans in the Ohio State House (with the blessing of US House Speaker–and OH-8 Representative–John Boehner) merged two Democratic strongholds into a new 9th district that included parts of Kucinich’s Cleveland base, but was dominated by Kaptur’s old Toledo constituency.

With nine-tenths of precincts reporting, Kaptur leads Kucinich, 60 to 39 percent.

Both members of the progressive caucus, Kucinich and Kaptur have been on the same side of many issues–each has a 95 rating from the AFL-CIO and a 100 percent score from the ACLU–but, as John Nichols points out, they had their differences, too:

Kucinich, who for many years voted with opponents of reproductive rights, switched his position before the 2004 presidential election and ran this year as the more socially liberal contender. Kaptur, the longest-serving woman in the House and a champion of many feminist causes, was ranked as “mixed choice” by NARAL Pro-Choice America.

Kucinich was also a stronger critic of America’s military follies, and pointed out that Kaptur, the Democrats’ number two on the powerful Appropriations Committee, should have pushed harder for cuts in defense spending.

But for readers of this column, one of the clearest dividing lines between the two Ohio pols was drawn earlier this year when Kucinich and Kaptur both attended a public forum on the future of one of America’s most troubled nuclear plants. The Davis-Besse Nuclear Power Station, near Oak Harbor, Ohio, rests inside of Kaptur’s old OH-9, just east of Kucinich’s current district, and, well, it’s had some problems:

[In November 2011] a fire at Ohio’s crippled Davis-Besse facility cut ventilation to the reactor control room. A faulty valve in a pipe sending water to the reactor core leaked on an electrical switchbox, triggering an electrical arc, which started the fire. This could have been a potentially catastrophic emergency. . . had the reactor not been shut down seven weeks earlier to replace an already once previously replaced, corroded, 82-ton reactor lid. This “transplant operation” revealed a 30-foot crack in the concrete shield building that will require a separate repair program. . . .

That repair program is still nowhere near completion. And all of this was on top of acid leaks years earlier that caused some of the worst corrosion ever seen at a US reactor–a lapse that cost plant operator FirstEnergy some $33 million in government fines and civil penalties.

But with all that on the table, the Nuclear Regulatory Commission still gave its thumbs-up to a reactor restart in December. Then, one day after the OK, FirstEnergy admitted it had withheld news of new cracks discovered on a different part of Davis-Besse a month earlier. But FirstEnergy said it had only hidden that information from the public–the NRC had been clued in. So, the nuclear regulator knew of the latest problems and still gave the go-ahead to a restart.

And the reason we know all of this is because of Rep. Dennis Kucinich.

An ardent critic of Davis-Besse for years, Kucinich called for a public meeting with the NRC and FirstEnergy before the new Ohio district lines were announced. And it was at this meeting in early January where some of the latest news was revealed–along with the contrasting positions of Kucinich and Kaptur.

As was reported here the next day, both House members were in attendance, and Kucinich made his position clear, saying his fight was with the NRC and FirstEnergy, not Kaptur:

“The cracking is not architectural, it’s structural,” Kucinich said. “FirstEnergy finally admitted this tonight. It’s an issue of public trust. FirstEnergy did not give the public, media or us a true picture of what really happened at the start.”

Rep. Kucinich has repeatedly stated that the Davis-Besse reactor should not have been allowed to restart until plant operators and regulators could explain why the reactor building was cracking and prove that the problem had been arrested. To date, neither of those criteria has been met.

Kaptur, for her part, tried to finesse it–if you can call this finesse:

“I came to assure the people that I am a proponent of public safety, I am convinced the NRC did its job this time, and I also want to see advanced energy production that’s affordable and see the plant increase employment,” Kaptur said. “We have to live in the 21st century . . . not the 20th . . . which is what Davis-Besse is providing. I know what [Kucinich] believes, but I’m in my 30th year as a public servant and I think I’ve learned something in that time.”

Again, as noted in January, the jobs claim made little sense, and the idea that a light water reactor from the 1970s represents living in the 21st Century makes even less. Kaptur’s concern for public safety is a hard match for a facility that has been the site of two of the five most dangerous US nuclear events since 1979.

As for “affordable,” it always bears repeating:

[N]uclear power–with its construction costs, costs of operation, costs of fuel mining and refining, costs of spent fuel storage, accident clean-ups, tax breaks, rate subsidies and federal loan guarantees–is one of the most phenomenally uneconomical ways of producing electricity ever conceived.

Kaptur’s faith in the NRC was also not borne out by the facts. As explained here, the government regulator relied on industry assurances of Davis-Besse’s safety, summing up their supposedly convincing findings this way: “Concrete has a tendency to crack.”

Davis-Besse, in fact, is one of best examples of the cracks inherent in the US nuclear regulatory system, and we know this to a large part thanks to steady pressure applied by Ohio’s own Dennis Kucinich.

* * *

Next January, Kucinich will no longer be a member of Congress, and the House will lose one of its most vocal critics of this country’s dangerous and dirty nuclear boondoggle. If past is prologue, Kaptur cannot be expected to pick up her departing colleague’s fight, so when the next accident happens at Ohio’s Davis-Besse plant–and it is almost certain there will be a next accident–Kaptur will be partly responsible.

But it would be unfair to hand her all the blame–she is, after all, a formidable Democrat in her own right, and she was just fighting to keep her seat. That Ohio is losing two congressional seats is due to population shifts, but that the GOP was in charge of drawing up Ohio’s new districts, that they control the state legislature and the governorship–not to mention the US House of Representatives–that blame can be shared by Kaptur’s colleagues in the Democratic leadership, as well as the Obama administration, for it was the White House and congressional leaders that squandered the mandate of 2008 and created the space for the Republican resurgence in 2010.

This is not the place for a lengthy analysis of the rise of the Tea-O-P, but it is interesting to note that one issue where Kaptur has made a name for herself is in speaking out against the bank bailouts. And, in opposing Wall Street and the banksters, the 29-year House vet sounded markedly different than President Barack Obama or even then-Speaker Nancy Pelosi did during the 111th Congress. If Obama and Democratic leaders had chosen to sound an emotional chord more like Kaptur’s, one has to wonder if the losses in Congress and in state houses across the country would have been nearly as dramatic–and so one has to wonder where redistricting would be with more Democrats in control.

And, it is perhaps more ironic than emblematic, but it still deserves mention: Kaptur’s Republican opponent in November will be none other than pantomime populist Samuel “Joe the Plumber” Wurzelbacher, hero of the tea-stained right.

With the recently announced retirement by Rep. Norm Dicks (WA-6), Kaptur could take the gavel at Appropriations, should the Democrats retake the House. Even if she is just Ranking Member, her status and power will rise. She can wield that power in many ways–and some might even be good–but it is doubtful she will give nuclear oversight even a fraction of the attention exhibited by the man she beat Tuesday night.

Nuclear industry acolytes might be applauding the end of the electoral career of a persistent critic, but atoms aren’t Tinkerbelle; no one can clap loud enough to make nuclear power’s numerous problems go away. Kaptur’s defeat of Dennis Kucinich might seem like Big Nuclear’s win–and maybe in the short-term it is–but without more vocal and visible watchdogs like the Ohio Representative, everyone loses in the end. Everyone.

Union of Concerned Scientists Report: Nuclear “Near Misses” Symptom of Failing Regulatory Regime

(image: UCS report on The NRC and Nuclear Plant Safety in 2011, detail)

In its second annual report on the safety of nuclear power facilities (PDF) in the United States, the Union of Concerned Scientists have documented 15 troubling lapses–what they call “near misses”–at 13 of the nation’s atomic plants. The study details specific problems that still want for repairs, but much more disturbing, it also outlines systemic flaws in America’s nuclear regulation and oversight regime.

The problems range from aging and improperly maintained safety systems to unforgivably long delays in the implementation of Nuclear Regulatory Commission rules on fire suppression and seismic security:

We found that the NRC is allowing 47 reactors to operate despite known violations of fire-protection regulations dating back to 1980. The NRC is also allowing 27 reactors to operate even though their safety systems are not designed to protect them from earthquake-related hazards identified in 1996. Eight reactors suffer from both afflictions. The NRC established safety regulations to protect Americans from the inherent hazards of nuclear power plants. However, it is simply not fulfilling its mandate when it allows numerous plant owners to violate safety regulations for long periods of time.

The report also notes instances where nuclear workers were needlessly exposed to unsafe levels of radiation, and plants where failure to follow basic protocols had rendered backup systems functionally useless.

But perhaps most alarming (if not actually surprising) were the UCS findings on how the NRC handled Component Design Bases Inspections, or CDBIs:

Inspectors are supposed to use CDBIs to determine whether owners are operating and maintaining their reactors within specifications approved during design and licensing. Some of the problems concerned containment vent valves, battery power sources, and emergency diesel generators—components that affected the severity of the disaster at the Fukushima Dai-Ichi nuclear plant in Japan.

While it was good that the NRC identified these problems, each CDBI audits only a very small sample of possible trouble spots. For example, the CDBI at the Harris nuclear plant in North Carolina examined just 31 safety-related items among literally thousands of candidates. That audit found 10 problems. Beyond ensuring that the plant’s owner corrected those 10 problems, the NRC should have insisted that it identify and correct inadequacies in the plant’s testing and inspection regimes that allowed these problems to exist undetected in the first place. The true value of the CDBIs stems from the weaknesses they reveal in the owners’ testing and inspection regimes. But that value is realized only when the NRC forces owners to remedy those weaknesses.

In other words, it’s nice that you made the good folks at Harris fix those problems, but when a preliminary audit reveals a one-third failure rate, perhaps that plant has earned itself a full top-to-bottom inspection. (The UCS goes even further, recommending that when a nuclear facility operator–like an Exelon or Entergy–has more than one plant that fails an inspection, that company’s entire fleet of reactors should be subject to NRC review.)

As a matter of fact, the Union goes so far as to criticize the NRC’s entire approach to inspections, explaining that the job of regulators is not just to catch deficiencies and fix them. The entire process, UCS stresses, should compel plant managers to operate in such a way that ensures there will be no problems to catch–and so ensures that nuclear plants operate with the safety of its employees and the community at large as a top priority.

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The Union of Concerned Scientists is a great resource. They keep a close watch on the nuclear industry, and do so with an unassailable level of scientific and technical expertise. They are critical of nuclear power as it exists today, but it would be a mistake to call them anti-nuclear. They advocate for safe energy and a clean environment, but if you read their work regularly, it is hard to say they are calling for an end to a certain technology. It makes the nuclear safety paper all the more damning, but it also poses a bit of a paradox.

In fact, reading this report brings to mind the joke about the economist on the desert island. Don’t know it? It goes something like this:

A physicist, a chemist and an economist are stranded and starving on a dessert island when they discover a can of soup that has washed ashore. But there’s a problem, how will they open the can?

The physicist says that with just right length of fallen tree as a lever, and just the right sized rock as a fulcrum, they could knock the top off the can.

“Ridiculous,” says the economist, “you will either smash the can or send it flying. Either way, the soup will splatter across the beach.”

The chemist says that he can analyze the list of ingredients and calculate just how hot they need to get the can in order to expand the soup enough to blow the can open.

“Insane,” says the economist, “if the can explodes, the soup will explode with it. We’ll be lucky to salvage a spoonful.”

“OK, then,” say the physicist and chemist in unison, “what do you propose?”

The economist strikes a thoughtful pose and says, “Assume we have a can opener. . . .”

Perhaps it is not fair to compare an association of scientists to the economist in this story, but UCS goes to admirable length describing the repeated failures of the Nuclear Regulatory Commission–about how the NRC falls short, from rule-making, to inspections, to enforcement–and then essentially says that if America’s nuclear plants are to operate safely, the NRC needs to “aggressively enforce its safety regulations.” Assume we had a regulatory body capable of regulating.

The Union says that the nuclear regulators are not doing their job–and they go further, noting that Congress has also failed by tolerating a flaccid Nuclear Regulatory Commission–but, mirroring the report’s critique of the NRC, the UCS focuses on individual incidents without addressing the systemic problem.

The NRC has had 37 years to evolve from the advocacy-oriented Atomic Energy Commission, the regulatory body’s predecessor, and yet it is still behaving as the nuclear industry’s watchful parent, rather than its top cop. Don’t just take this report as an example (well, 15 examples), look to an in-depth investigation done last summer by the Associated Press that documented the cozy relationship between plant owners and their supposed watchdogs.

The congressional committees that are supposed to provide the NRC with oversight are dominated by politicians beholden to the nuclear lobby for campaign contributions. This winter’s attempted coup against NRC Chairman Gregory Jaczko is only the latest in a long list of Capitol Hill follies designed to distract from the problems at hand and delay any increased regulation. Indeed, the problems with lax regulation and laxer oversight have plagued the system so long, it could be argued this is not a bug (as they say), but a feature.

* * *

Calling the 15 gross failures by operators and regulators “near misses” might get headlines because it sounds so ominous, however it is possible that the rubric actually downplays the problem. “Near misses” implies a bullet dodged, a past event, but the incidents highlighted, as well as the overall critique of the process, illustrate an ongoing crisis. These are not so much “near misses” as they are disasters in waiting.

Indeed, even what the report calls “positives”–three (yes, only three) instances where NRC intervention corrected a safety problem in time to prevent an accident–seem more like lucky breaks. For example, the government forced the operators of Nebraska’s Fort Calhoun nuclear plant to improve their flood protection, and in fact, the new equipment was able to protect the facility form a massive flood last summer. But the inflatable levees that were used to keep the flood waters at bay were just barely high enough to avoid being crested, and one even sprang a leak. Had the flooding continued just a little longer, the catastrophe that the UCS report gives the NRC credit for preventing would have likely occurred.

But even if you extend credit for keeping back the flood, what if (and not to get too biblical here) it was not a flood, but a fire? Fort Calhoun is among the 47 plants listed in the report as still not meeting the decades-old fire safety standards. As someone once remarked about another nuclear plant accident, the NRC is getting “credit for the grace of God.”

Alas, God has proven to be an uneven regulator, too. Those who had the misfortune of living downwind of Three Mile Island, Chernobyl or Fukushima have learned the Lord regulates in mysterious ways. Does the Union of Concerned Scientists really believe that the Nuclear Regulatory Commission can change radically enough to force sufficient safety upgrades on US nuclear plants to assure that no Fukushima-like (or even Fukushima-light) accident will ever happen here?

It is hard to believe they do. The report’s full title, after all, is “The NRC and Nuclear Power Plant Safety: Living on Borrowed Time.”

While a stronger regulatory body is a good idea–and one strongly urged by the UCS–the report provides no way to achieve that goal. Given the problems and the history, it is hard to believe even the best scientists in the field have an answer to nuclear safety’s political impediments.

So, given that, what should be the real conclusion of the Union’s report? It would be the same as the conclusion reached by any honest observer of nuclear power: atomic power–too dirty, too dangerous, and too expensive.

In the short-term, sure, the Nuclear Regulatory Commission needs to do a better job of policing plant safety–but in the long-term, this part of the NRC’s mandate needs to disappear along with its unstable, untenable, and un-regulatable target.

New Fukushima Report: “Devil’s Chain Reaction” Could Wipe Out Tokyo

Map of the east coast of Japan showing the distance between Tokyo and Fukushima Daiichi, 150 miles to the north.

A new independent report on the Fukushima Daiichi Nuclear disaster reveals that Japan’s Prime Minister Naoto Kan feared events following the March 11, 2011 Tohoku earthquake and tsunami would require the evacuation of Tokyo. The report, conducted by the Rebuild Japan Foundation, a new policy organization comprised of college professors, journalists and lawyers, sheds new light on just how in-the-dark many were in the wake of natural disasters that left the Fukushima nuclear facility with damaged safety systems and without internal or external power.

The investigation underscores the conflicting interests of the Japanese government, the directors of Tokyo Electric Power Company (TEPCO–Fukushima’s owner and operator), and those on the scene at the crippled nuclear plant. Masataka Shimizu, president of TEPCO, is said to have ordered all of Fukushima Daiichi’s employees to evacuate the facility in the days after March 11, but Daiichi’s plant manager, Massao Yoshida, argued that he could get the damaged reactors under control if he and nuclear workers remained. PM Kan eventually ordered a skeleton crew to stay at the plant, fearing that Fukushima Daiichi, the nearby Fukushima Daini and a third nuclear facility could spiral out of control and start what has been translated as a “devil’s chain reaction” or a “demonic chain reaction” that would necessitate evacuation of the nation’s capital, a city of 13 million people, 150 miles south of Fukushima prefecture.

Given this new window on internal deliberations (far too nice a word–these were likely frantic, heated arguments) in Japan, the decision made by US Nuclear Regulatory Commission Chairman Gregory Jaczko within days of the quake to recommend evacuating American citizens from an area 50 miles around Fukushima seems downright conservative. In recent days, nuclear power proponents have used this action as their latest volley in their ongoing push to oust Jaczko and replace him with a more servile chief regulator.

Interesting, too, the objections of TEPCO’s president to the plan to pour seawater on the melting Fukushima reactors and boiling spent fuel storage pools. This last-gasp measure, apparently the idea of Yoshida, the Daiichi manager, is believed to have somewhat cooled the reactors and at least kept the fuel pools from completely emptying–which would have resulted in a much more serious outcome (hard to believe, but true)–though it should be noted that the radioactive runoff is now contaminating the ground, groundwater, rivers and the ocean around Fukushima. TEPCO brass no doubt did not want to use seawater because its corrosive effects would make it impossible to ever restart any of the Daiichi reactors (again, ridiculous in hindsight, but not hard to imagine inside the profit-above-people distortion bubble that exists at companies like TEPCO). (UPDATE: Japan Times reports Kan was reticent to use anything but fresh water, but Yoshida ignored him and went ahead with the use of seawater.)

Other recent revelations–about how close Fukushima Daini came to a meltdown of its own, about how the Fukushima region is now more seismically unstable, and that the government had dire assessments of the disaster that it worked hard to keep secret–serve to buttress Naoto Kan’s fears that a string of nuclear disasters was a distinct possibility. And it should also serve as a warning that those fears are still a possibility if the region’s nuclear plants–whether or not they are still functioning–are not decommissioned and contained.

And all this information, and the new details on the lack of trust between the Japanese government and TEPCO, also paints a more nuanced–and, honestly, disturbing–picture of the environment in which US officials had to make decisions.

But, perhaps most importantly, this latest report is yet another data point against the absurd assertion that Fukushima Daiichi somehow proves nuclear power’s “defense in depth” safety systems work. The assertion that Fukushima isn’t a massive disaster, just as it stands today, is ridiculous, but reading about the lack of good information in the early days of the crisis, the internal fights and the government’s fears makes it clear that things could have easily been much, much worse. While there are still real concerns about just how much radiation residents throughout Japan will be expected to absorb, and there are still many technical questions that remain unanswered, it now appears that it was only a combination of an occasionally assertive PM, the heroism of about fifty Daiichi workers and maybe some dumb luck that gave the world the relative luxury of calling Fukushima an ever-metastasizing disaster, rather than an almost-instant hell on earth.