For Nuclear Power This Summer, It’s Too Darn Hot

You know that expression, “Hotter than July?” Well, this July, July was hotter than July. Depending on what part of the country you live in, it was upwards of three degrees hotter this July than the 20th Century average. Chicago, Denver, Detroit, Indianapolis and St. Louis are each “on a pace to shatter their all-time monthly heat records.” And “when the thermometer goes way up and the weather is sizzling hot,” as the Cole Porter song goes, demand for electricity goes way up, too.

During this peak period, wouldn’t it be great to know that you can depend on the expensive infrastructure your government and, frankly, you as ratepayers and taxpayers have been backstopping all these years? Yeah, that would be great. . . so would an energy source that was truly clean, safe, and too cheap to meter. Alas, to the surprise of no one (at least no one who watches this space), nuclear power, the origin of that catchy if not quite Porter-esque tripartite promise, cannot.

Take, for example, Braidwood, the nuclear facility that supplies much of Chicago with electricity:

It was so hot last week, a twin-unit nuclear plant in northeastern Illinois had to get special permission to continue operating after the temperature of the water in its cooling pond rose to 102 degrees.

It was the second such request from the plant, Braidwood, which opened 26 years ago. When it was new, the plant had permission to run as long as the temperature of its cooling water pond, a 2,500-acre lake in a former strip mine, remained below 98 degrees; in 2000 it got permission to raise the limit to 100 degrees.

The problem, said Craig Nesbit, a spokesman for Exelon, which owns the plant, is not only the hot days, but the hot nights. In normal weather, the water in the lake heats up during the day but cools down at night; lately, nighttime temperatures have been in the 90s, so the water does not cool.

But simply getting permission to suck in hotter water does not make the problem go away. When any thermoelectric plant (that includes nuclear, coal and some gas) has to use water warmer than design parameters, the cooling is less effective, and that loss of cooling potential means that plants need to dial down their output to keep from overheating and damaging core components. Exelon said it needed special dispensation to keep Braidwood running because of the increased demand for electricity during heat waves such as the one seen this July, but missing from the statement is that the very design of Braidwood means that it will run less efficiently and supply less power during hot weather.

Also missing from Exelon’s rationale is that they failed to meet one of the basic criteria for their exception:

At the Union of Concerned Scientists, a group that is generally critical of nuclear power safety, David Lochbaum, a nuclear engineer, said the commission was supposed to grant exemptions from its rules if there was no increase or only a minor increase in risk, and if the situation could not have been foreseen.

The safety argument “is likely solid and justified,’’ he wrote in an e-mail, but “it is tough to argue (rationally) that warming water conditions are unforeseen.’’ That is a predictable consequence of global warming, he said.

Quite. Lochbaum cites two instances from the hot summer of 2010–New Jersey’s Hope Creek nuclear station and Limerick in Pennsylvania each had to reduce output due to intake water that was too warm. In fact, cooling water problems at US thermoelectric generators were widespread along the Mississippi River during the hot, dry summer of 1988.

And the problem is clearly growing. Two months ago, a study published in Nature Climate Change predicted continued warming and spreading drought conditions will significantly reduce thermoelectric output in coming decades:

Higher water temperatures and reduced river flows in Europe and the United States in recent years have resulted in reduced production, or temporary shutdown, of several thermoelectric power plants, resulting in increased electricity prices and raising concerns about future energy security in a changing climate.

. . . .

[The Nature Climate Change study] projects further disruption to supply, with a likely decrease in thermoelectric power generating capacity of between 6-19% in Europe and 4-16% in the United States for the period 2031-2060, due to lack of cooling-water. The likelihood of extreme (>90%) reductions in thermoelectric power generation will, on average, increase by a factor of three.

Compared to other water use sectors (e.g. industry, agriculture, domestic use), the thermoelectric power sector is one of the largest water users in the US (at 40%) and in Europe (43% of total surface water withdrawals). While much of this water is ‘recycled’ the power plants rely on consistent volumes of water, at a particular temperature, to prevent overheating of power plants. Reduced water availability and higher water temperatures – caused by increasing ambient air temperatures associated with climate change – are therefore significant issues for electricity supply.

That study is of course considering all thermoelectric sources, not just nuclear, but the decrease in efficiency applies across the board. And, when it comes to nuclear power, as global temperatures continue to rise and water levels in rivers and lakes continue to drop, an even more disconcerting threat emerges.

When a coal plant is forced to shut down because of a lack of cool intake water, it can, in short order, basically get turned off. With no coal burning, the cooling needs of the facility quickly downgrade to zero.

A nuclear reactor, however, is never really “off.”

When a boiling water reactor or pressurized water reactor (BWR and PWR respectively, the two types that make up the total of the US commercial reactor fleet) is “shutdown” (be it in an orderly fashion or an abrupt “scram”), control rods are inserted amongst the fuel rods inside the reactor. The control rods absorb free neutrons, decreasing the number of heavy atoms getting hit and split in the fuel rods. It is that split, that fission, that provides the energy that heats the water in the reactor and produces the steam that drives the electricity-generating turbines. Generally, the more collisions, the more heat generated. An increase in heat means more steam to spin a turbine; fewer reactions means less heat, less steam and less electrical output. But it doesn’t mean no heat.

The water that drives the turbines also cools the fuel rods. It needs to circulate and somehow get cooled down when it is away from the reactor core. Even with control rods inserted, there are still reactions generating heat, and that heat needs to be extracted from the reactor or all kinds of trouble ensues–from too-high pressure breaching containment to melting the cladding on fuel rods, fires, and hydrogen explosions. This is why the term LOCA–a loss of coolant accident–is a scary one to nuclear watchdogs (and, theoretically, to nuclear regulators, too).

So, even when they are not producing electricity, nuclear reactors still need cooling. They still need a power source to make that cooling happen, and they still need a coolant, which, all across the United States and most of the rest of the world, means water.

Water that is increasingly growing too warm or too scarce. . . at least in the summer. . . you know, when it’s hot. . . and demand for electricity increases.

In fact, Braidwood is not the only US plant that has encountered problems this sultry season:

[A] spokeswoman for the Midwest Independent System Operator, which operates the regional grid, said that another plant had shut down because its water intake pipes were now above the water level of the body from which it draws its cooling water. Another is “partially curtailed.”

That spokeswoman can’t, it seems, tell us which plants she is talking about because that information “is considered competitive.” (Good to know that the Midwest Independent System Operator has its priorities straight. . . . Hey, that sounds like a hint! Anyone in the Midwest notice a nearby power plant curtailing operations?)

So, not isolated. . . and also not a surprise–not to the Nature Climate Change people this year, and not to the industry, itself. . . 17 years ago. The Electric Power Research Institute (EPRI), a non-profit group of scientists and engineers funded by the good folks who generate electricity (a group that has a noticeable overlap with the folks that own nuclear plants), released a study in 1995 that specifically warned of the threat a warming climate posed to electrical generation. The EPRI study predicted that rising levels of atmospheric carbon dioxide would make power production less efficient and more expensive, while at the same time increasing demand.

And climate predictions have only grown more dire since then.

Add to that mix one more complicating factor: when the intake water is warmer, the water expelled by the plant is warmer, too. And there are environmental protections in many areas that limit how hot that “waste” water can be. There have been instances in the past where thermoelectric plants have had to curtail production because their exhaust water exceeded allowable temperatures.

And yet, despite a myriad of potential problems and two decades of climate warnings, it is sobering to note that none of the US reactors were built to account for any of this. . . because all American nuclear reactors predate these revelations. That is not to say nuclear operators haven’t had 20 years (give or take) to plan for these exigencies, but it is to say that, by-and-large, they haven’t. (Beyond, that is, as described above, simply lobbying for higher water temperature limits. That’s a behavior all too recognizable when it comes to nuclear operators and regulators–when nuclear plants can’t meet requirements, don’t upgrade the procedures or equipment, just “upgrade” the requirements.)

But, rather than using all this knowledge to motivate a transition away from nuclear power, rather than using the time to begin decommissioning these dinosaurs, nuclear operators have instead pushed for license extensions–an additional 20 years beyond the original 40-year design. And, to date, the Nuclear Regulatory Commission has yet to reject a single extension request.

And now the nuclear industry–with the full faith and credit of the federal government–is looking to double down on this self-imposed ignorance. The “Advanced Passive” AP1000 reactors approved earlier this year for Georgia’s Plant Vogtle (and on track for South Carolina, too) may be called “advanced,” but they are still PWRs and they still require a large reserve of cool, circulating water to keep them operating and nominally safe.

The government is offering $8.3 billion of financing for the Georgia reactors at rock-bottom rates, and with very little cash up front from the plant owners. There have already been numerous concerns about the safety of the AP1000 design and the economic viability of the venture; factor in the impact of climate change, and the new Vogtle reactors are pretty much the definition of “boondoggle”–a wasteful, pointless project that gives the appearance of value while in reality delivering none. It is practically designed to fail, leaving the government (read: taxpayers and ratepayers) holding the bag.

But as a too-darn-hot July ends, that’s the woo being pitched by the nuclear industry and its government sweethearts. Rather than invest the money in technologies that actually thrive during the long, hot days of summer, rather than invest in improved efficiency and conservation programs that would both create jobs and decrease electrical demand (and carbon emissions), rather than seizing the moment, making, as it were, hay while the sun shines, it seems the US will choose to bury its head in the sand and call it shade.

Nuclear power was already understood to be dirty, dangerous and absurdly expensive, even without the pressures of climate change. Far from being the answer to growing greenhouse gas emissions, the lifecycle of nuclear power–from mining and milling to transport and disposal–has turned out to be a significant contributor to the problem. And now, the global weirding brought on by that problem has made nuclear even more precarious–more perilous and more pricy–and so an even more pernicious bet.

According to the Kinsey Report, every average man you know would prefer to play his favorite sport when the temperature is low. But when the thermometer goes way up and the weather is sizzling hot, a gob for his squab, a marine for his beauty queen, a GI for his cutie-pie–and now it turns out–the hour for nuclear power is not.

‘Cause it’s too darn hot.
It’s too. Darn. Hot.

Nuclear “Renaissance” Meets Economic Reality, But Who Gets the Bill?

Crystal River Nuclear Generating Plant, Unit 3, 80 miles north of Tampa, FL. (photo: U.S. NRC)

Crystal River is back in the news. Regular readers will recall when last we visited Progress Energy Florida’s (PEF) troubled nuclear reactor it was, shall we say, hooked on crack:

The Crystal River story is long and sordid. The containment building cracked first during its construction in 1976. That crack was in the dome, and was linked to a lack of steel reinforcement. Most nuclear plants use four layers of steel reinforcement; Crystal River used only one. The walls were built as shoddily as the dome.

The latest problems started when Crystal River needed to replace the steam generator inside the containment building. Rather than use an engineering firm like Bechtel or SGT–the companies that had done the previous 34 such replacements in the US–Progress decided it would save a few bucks and do the job itself.

Over the objections of on-site workers, Progress used a different method than the industry standard to cut into the containment building. . . and that’s when this new cracking began. It appears that every attempt since to repair the cracks has only led to new “delamination” (as the industry calls it).

Sara Barczak of CleanEnergy Footprints provides more detail on the last couple of years:

The Crystal River reactor has been plagued with problems ever since PEF self-managed a steam generation replacement project in September 2009. The replacement project was intended to last 3 months, until PEF informed the Commission that it had cracked the containment structure during the detensioning phase of the project. PEF subsequently announced that the CR3 reactor would be repaired and back in service by the 3rd quarter of 2010…then by the 4th quarter of 2010…and then by the first quarter of 2011. On March 15, 2011 PEF informed the Commission that it had cracked the reactor again during the retensioning process and subsequently told the Commission that it estimated repair costs of $1.3 billion and a return to service in 2014. Shortly thereafter, the Humpty Dumpty Crystal River reactor suffered yet another crack on July 26, 2011.

That July crack was later revealed to be 12-feet long and 4-feet wide–and here, at least when it came to notifying the Nuclear Regulatory Commission, “later” means much later. . . like four months later.

The issue, of course–as anyone with a lifetime crack habit will tell you–is that this all gets very expensive. Not only is there the cost of the repairs. . . and the repairs to the repairs. . . and the repairs to the repairs to the repairs. . . there is the cost of replacing the energy that was supposed to be supplied to PEF customers by the crippled reactor.

And then there is the cost of the new reactors. . . .

Wait, what?

Yes, based on the amazing success they have had managing Crystal River–and something called a “determination of need,” which was granted in 2008–Progress Energy holds out hope of someday building two of those trendy new AP1000 nuclear reactors at another Florida site, this one in Levy County.

And who is expected to pick up the tab? Who is on the hook, not just for repairs and replacement energy at Crystal River, but for PEF keeping its options open at Levy? Well, not surprisingly in “privatize profits, socialize risk” America, the plan was to stick Florida ratepayers with the bill (again Footprints provides the numbers):

Customer bills for instance, were expected to increase by $16/mo. in 2016; $26/mo. in 2017 and a whopping $49/mo. in 2020. Initially, Progress expected the proposed reactors to cost $4-6 billion each, coming online beginning in 2016. Just a few years later, the estimated costs have skyrocketed to over $22 billion and the online date, if the reactors ever even come online, has bumped back to 2021 and 2022. And the Office of Public Counsel believes that PEF may not intend to complete the reactors until 2027, if at all. The company has spent over $1 billion dollars on the Levy nuclear reactors and has yet to commit to build them. And the company is entitled to recover all its preconstruction and carrying costs from its customers before even a kilowatt of electricity is produced. In fact, even if the project is never completed PEF can recover all its construction costs from customers courtesy of the 2006 anti-consumer “early cost recovery” state law…essentially a nuclear tax scheme.

But now, as of this week, there is a new plan. . . stick Florida ratepayers with the bill:

The state Public Service Commission on Wednesday unanimously approved an agreement that will increase the power bills of Progress Energy Florida customers — who already pay among the highest rates in the state.

It is supposed to be a win for consumers.

The deal includes a $288 million “refund” of money customers were to pay to replace power from the crippled Crystal River nuclear plant, which has been offline since fall 2009 and might never return to service.

PSC staff concluded that customer rates still would increase. The average Progress customer’s bill on Jan. 1 is expected to increase $4.93 a month per 1,000 kilowatt hours of usage, from $123.19 to $128.12, subject to adjustments for fuel costs.

That’s a “win” for Floridians, it seems, because they are paying out something less for Progress Energy’s mistakes–at least in the near term. But even that caveat is subject to scrutiny:

While the agreement provides a replacement power cost refund over 3 years of $288 million to PEF customers (due to the CR3 outage) – it comes packaged with a base rate increase of $150 million and it precludes the parties from challenging up to $1.9 billion (yes, billion) fuel and replacement power costs from 2009 to 2016.

And that’s not all. Also in the agreement is a requirement that PEF start (yes, that is start) the latest repairs on Crystal River by the end of 2012; if they do not, Progress has to “refund” an additional $100 million to consumers. Missing, however, from the agreement is any new estimate (given the latest revelations, not to mention any post-Fukushima upgrades required) of the cost should PEF actually try to remedy all of Crystal River’s problems–and perhaps even more glaring, questions remain as to who will pay (and how much it will cost) should PEF decide to stop throwing good money after bad and decommission Crystal River reactor 3.

Also missing from the calculation is any determination of what PEF’s insurance will cover–Crystal River’s insurer stopped paying out in early 2011, and they have yet to decide if they will pay anything more. . . at all.

The agreement also fails to put an end to what is now becoming a regular part of the nuclear power finance scam–collecting public money for plants that will never be built. As the Southern Alliance for Clean Energy (SACE, which is affiliated with CleanEnergy Footprints) observed when it opted not to sign on to the Florida rate agreement:

PEF hasn’t committed to actually building the Levy Co. reactors. Having customers pay for the company just to maintain the “option” at a later date to build reactors is unfair to today’s customers – and runs counter to the Commission’s “intent to build” standard. The agreement allows the company to collect another $350 million from customers, presumably for pursuing their Nuclear Regulatory Commission license (without any prudency review) for reactors it hasn’t committed to build? In fact, the agreement contemplates that the company will cancel its engineering and procurement contracts as well, further demonstrating the unlikelihood of project completion.

If something sounds familiar here, it should. Southern Company has been using heaping helpings of Georgia ratepayer money to do all kinds of preliminary work on their Vogtle site, purportedly the future home of two new AP1000 reactors, just granted a combined construction and operating license by the NRC in January.

The big difference so far between Levy and Vogtle has been Southern’s ability to line up some financing for its Georgia construction–thanks to $8.33 billion in federal loan guarantees granted the project by the Obama administration almost two years in advance of the NRC approval.

PEF does not have this kind of guarantee, but that did not stop them from trading on the possibility:

Progress Energy Florida officials said Thursday that President Obama’s plan to offer federal loan guarantees to encourage investment in nuclear power plant construction will be a strong incentive to move forward with the company’s proposed Levy County plant.

The project, however, is facing delays of between 20 to 36 months due to economic and regulatory problems, making the plant’s future uncertain despite the company’s insistence the project isn’t cancelled.

“It (the loan guarantee program) will definitely play a role in that decision (whether to continue with the project). It is one of many, but a very important one,” said Progress Energy spokesman Mike Hughes.

That was in 2010, right after President Obama announced the new Department of Energy loan program–but two years later, PEF has not secured a federal guarantee, and so has not secured any financing. . . and thus has also not committed to ever building the Levy plant. But none of that has stopped Progress from collecting money from Florida consumers just to keep hope alive, as it were. And none of that has apparently stopped any of Florida’s public service commissioners from telling PEF that this practice is just jake with them.

Even with NRC approval and some federally guaranteed money, it is still not a sure bet that the Vogtle AP1000 reactors will ever come on line. PEF’s Levy project has no license and no loan guarantee.

The folks at Progress Energy are not stupid–at least not when it comes to short-term financial gain–they know how very slim their chances are of ever pushing even a single kilowatt out of Levy County, but they also know where the profit is in the nuclear power game. It is not, quite obviously, in the construction of nuclear power plants–rife as that process is with lengthy delays and massive cost overruns–and it is not, some might be surprised to learn, so much in electric generation, given that plants in the US are now suffering “unusual events” that force one or more of them offline pretty much every week. Unusual events cost money–in parts and labor, and in time lost to repairs and inspections–and, as has been demonstrated at Crystal River, there is the cost of replacement energy.

No, the real profits in the nuclear racket come from the ability to collect on services not rendered and a product not delivered, or at least not delivered regularly. Because the system backstops the financing of nuclear facilities while also allowing plant operators to pass both real and anticipated costs onto ratepayers, many American taxpayers are poised to pay twice for nuclear power plants that don’t produce power.

And it would be remiss to close without adding a few more points.

Much has been made of the failure of solar panel manufacturer Solyndra, which also received aid from the federal government in the form of loan guarantees. Solyndra ultimately got $527 million from the government; contrast that with what has been granted to Southern for Vogtle. Or, starker still, look at the entire alternative energy loan program, now projected to cost out at under $3 billion, and then look back to 2010, when Barack Obama pledged $54.5 billion to the DOE loan guarantee program designed to foster investment in nuclear power.

In addition, while the government will actually recoup most of the money lost on Solyndra when the factory and inventory are auctioned off, the “leftovers” from a failed nuclear plant–even the parts that are not contaminated with radioactivity–are much harder (if not impossible) to move.

The focus of this story has been on the costs–because the case of Progress Energy Florida is such a glaring example of how nuclear operators fleece America–but the fact that a company so focused on the bottom line, regardless of its effect on public safety, is still allowed to play with something as dangerous as a damaged nuclear power plant should not be overlooked. Alas, as was exposed last year, nuclear regulators and the nuclear industry seem to agree that safety should be addressed with an eye toward cost. So, while Crystal River is a scary mess, the reactor in question is actually offline right now. The same cannot be said, for example, about Ohio’s Davis-Besse plant, which has cracking problems of its own, but was allowed by the NRC to restart in January–over the vociferous objections of industry watchdogs, engineers, and Rep. Dennis Kucinich (D-OH).

And then there is Palisades, on the shores of Lake Michigan, where numerous events and releases of radioactivity in the last year caused the Nuclear Regulatory Commission to issue a downgrade of the plant’s safety rating–but the NRC did not order the plant to shut down. Palisades is owned by Entergy Nuclear, who was recently cited for “buying reactors cheap, then running them into the ground.” In addition to Palisades, Entergy owns nine other plants–Arkansas Nuclear One, Nebraska’s Cooper Nuclear Station, Fitzpatrick in upstate New York, Grand Gulf in Mississippi, Indian Point, just north of New York City, Pilgrim, outside of Boston, River Bend and Waterford, both in Louisiana, and Vermont Yankee.

The case of Vermont Yankee is especially upsetting. Yankee is a GE boiling water reactor, similar to the model that failed so catastrophically at Fukushima–but the NRC voted to extend its operating license just days after the Tohoku quake. The state of Vermont had a better idea, declaring that the nuclear plant should shut down by March 21, 2012. However, in January, federal district court judge J. Garvan Murtha ruled Entergy could ignore Vermont’s order and continue operating. The state is appealing the ruling, but in the meantime, Yankee continues to operate. . . and continues to leak tritium into the groundwater, and into the Connecticut River.

It is not clear who will be paying for any attempt to clean up the Vermont Yankee leak–though one can guess–nor is it clear what will happen to new nuclear waste produced after March 21, since the Vermont statehouse has forbidden any new waste storage on the site. Indeed, storing used nuclear fuel is a nationwide problem that poses real dangers in the near term, and will likely cost billions of public dollars in the long term.

And that’s the bottom line–the real bottom line–for the industry’s oft-ballyhooed “nuclear renaissance.” Plant operators and captured regulators can try to obscure the safety concerns with diversionary dustups and magical thinking, but economic realities, like facts, are stubborn. Without huge injections of public money, nuclear power simply cannot continue to function–and the public is in no mood for another multi-billion dollar government bailout.

NRC Vogtle Reactor Approval Should Blow Lid Off Nuclear Finance Scam

Work is well underway on the Vogtle Unit 4 turbine building. The bottom of the Unit 3 containment vessel can be seen in the background. (photo via the Southern Company)

The Nuclear Regulatory Commission’s Thursday vote to approve the combined construction and operating license application (COLA) for Southern Company’s Plant Vogtle cleared the way for adding two AP1000 nuclear reactors to the two existing units near Augusta, Georgia, but it should also shine a light on the elaborate shell game that masquerades as nuclear-powered electrical generation.

Coming almost exactly two years after the Obama administration granted the project $8.33 billion in federal loan guarantees, the NRC’s OK for the project did not signal a groundbreaking at Vogtle. Thanks to a redefinition of what constitutes construction, drafted under a former NRC commissioner who now works for the nuclear industry, Southern started building on the site long before the AP1000 reactor design was finally approved by the NRC last December. And foundations were poured into the Georgia earth before environmental impact surveys were even required to be filed. So, Thursday’s move did not actually start construction, but it did start the roulette wheel turning on a massive financial gamble where Southern Company is pretty much assured of winning, and US taxpayers and Georgia utility customers are guaranteed to lose.

How much those Americans who don’t happen to own a power company will lose is an issue of some question–a question that the Department of Energy and Southern Company is making very hard to answer.

As this month marks two years since the government agreed to the loan guarantees, it will mark almost as long a time since the Southern Alliance for Clean Energy (SACE) filed a Freedom of Information Act (FOIA) request for the details of the deal the DOE struck with Southern Co., and thus it also marks almost two years of stonewalling by the Obama administration and the energy consortium:

To date, DOE has produced heavily censored documents that have provided little or no information in an effort to frustrate any analysis that would be useful to taxpayers. Based on the limited information produced to date, it appears that the power companies had to put almost no “skin in the game,” only promising to pay a token credit subsidy fee of what could be as little as 0.5 or 1.5 percent of the total loan principal.

Perhaps the once-pledged-to-be-the-most-open-in-history-but-now-proving-to-be-just-as-secretive administration thinks it can hide behind the idea that it is only a guarantee, and, at that, a guarantee of a private business plan, but that would be doubly troubling.

The DOE has indeed tried to use the confidential business argument, but Mindy Goldstein, acting director, Turner Environmental Law Clinic at Emory University School of Law, who is representing SACE in its FOIA case, explains just how disturbing that argument is:

DOE claims that the loan guarantee terms and credit subsidy fee estimates are confidential and may only be viewed by Georgia Power and its utility partners. Let’s hope DOE is wrong. For such information to be withheld as confidential, it must have been obtained from the utilities themselves. If the power companies are literally writing their own guarantees and credit subsidy fee estimates, the Loan Guarantee Program is more flawed than anyone could have imagined.

Alas, given the long history of industry representatives “helping” the DOE and NRC draft their regulations, Goldstein’s legal conundrum isn’t hard to imagine as the actual state of affairs.

And neither the government nor the taxpayer should take comfort from the guarantee angle:

Private lenders have declined to finance new reactors because of the enormously high cost of new nuclear power and the substantial risk that any such investment will fail. In 2003, the Congressional Budget Office (CBO) estimated that the chance of a loan for new nuclear reactor construction resulting in default would be “very high – well over 50 percent.”

And for the folks at Vogtle, the risk is likely much higher. The two reactors now at the Georgia site took over 15 years to complete, came in 1,200 percent over budget, and resulted in an enormous rate hike for Georgia power consumers.

The fact that even with taxpayers already shouldering the risk ratepayers are also on the hook is the remarkable second slap in the face that comes with the nuclear power con:

[Southern’s subsidiary and largest utility, Georgia Power] customers already are paying down the [Vogtle] project’s financing costs through a fee that will increase to $8.74 a month by 2015. The fee will end once reactors start producing power in 2016 and 2017.

Well, the fee is supposed to end when the reactors start producing power, which is supposed to be in 2016 and 2017. But no nuclear project comes in on time or on budget–and as was just noted, history is not Vogtle’s friend here–and not only will ratepayers continue to cough up cash while construction drags on, it is certainly not unprecedented to see them continue to get fleeced for overruns after the plants are finished (just ask the good citizens of Florida).

These, of course, are just the costs incurred if everything goes more or less right. And these, of course, are just the costs of building the reactors–it has nothing to do with the fueling, the maintenance, the waste removal and clean up should anything get, you know, “unusual.” But since the taxpayers and ratepayers pretty much built the new reactors for them, those costs should come out of Southern Co/Georgia Power’s profits once they start charging for the actual power, right?

Uh. . . wrong. As George W. Bush was headed out the door, he made sure that the Department of Energy would be liable for all costs from any high-level radioactive waste generated at the new Vogtle units. And, of course, as is true for all facilities in the US, the Price-Anderson Act indemnifies the industry against claims arising nuclear accidents.

And the Nuclear Regulatory Commission’s approval–coming when it does–does nothing to make those accidents less likely. The NRC voted for Vogtle’s COLA over the objections of its chairman, Greg Jaczko, who thought safety rules that should come from the post-Fukushima recommendations should have been stipulated as essential to any new license. And the AP1000′s design, which Toshiba-Westinghouse likes to tout as safer than its close cousin, the pressurized water reactor, is suspected to be anything but.

Meanwhile, trouble at nuclear reactors worldwide continues apace. At Japan’s Fukushima Daiichi, unit two, which was said to have been brought to a “cold shutdown” in December, has experienced what is called a “re-criticality”–in other words, the temperature inside the ruptured containment vessel has begun to rise again, up more than 20 degrees Celsius since February 1. Officials from Japanese power company TEPCO have done a poor job of explaining why this might be happening or what it might mean for the future, but they do admit to the necessity of increasing the amount of water and boric acid pumped into the damaged reactor to counteract the warming. And, since there are holes and cracks in the reactor vessel, that means more radioactive waste water pouring out of the building and into the basements and surrounding plant grounds–more water on top of the 95,000 cubic meters already believed to be there, and on top of the 220,000 cubic meters that TEPCO has claimed they “processed” (and then dumped back into the environment).

And something else quite troubling has been observed in Japan–bird populations in Fukushima prefecture have taken a bigger dip than was expected from studies of similar species around Chernobyl after that nuclear disaster.

Speaking of the former Soviet Union, there was a fire last weekend at the Alikhanov Institute of Theoretical and Experimental Physics in southwestern Moscow. The building contains an atomic collider and is home to Russia’s very first heavy water reactor, built in the 1940s, and now decommissioned. Government officials said there was no danger of a radiation leak, but others, like Greenpeace Russia, beg to differ.

Back in the USA, the San Onofre plant remains completely shutdown after one reactor was found to be leaking tritium on January 31. Meanwhile, the other reactor, offline for refueling and repairs since January 9, was discovered to have alarmingly excessive wear inside its almost new turbine tubes.

And at Prairie Island, a nuclear facility in southeastern Minnesota, Xcel Energy has copped to two separate toxic chemical and radiological spills. One happened last November, but Xcel did not alert residents of the Prairie Island Indian Community–a whopping 600 yards from the power plant–till last week. The second happened just last Friday, February 3, but Xcel waited to give notice till Monday because the leak happened “‘after business hours’ just before the weekend.”

This is but a small sample–less than a week’s worth–of the nuclear world the NRC has now voted to expand. With each of these items should come a list of questions and a cavalcade of caution, but the NRC’s rulings on the AP1000 have defied the facts on the ground. Meanwhile, the entire federal government seems hell-bent on ignoring the fiscal realities, instead choosing to guarantee that money flow from the pockets of taxpayers into the coffers of nuclear energy corporations, whether or not those corporations ever provide a kilowatt of power to those taxpayers.

It is a sad state of affairs–that almost goes without saying–but perhaps sadder is the relative silence around such a multi-layered scandal.

Political activists were rightfully outraged when the Bush administration fought tooth-and-nail to keep the minutes of Vice President Dick Cheney’s energy task force secret. Now, aside from the good people at SACE, who else is working to uncloak an equally secretive–and equally offensive–Obama energy deal?

Some look to leverage a scandal off the failure of Solyndra–but the loan guarantees to Southern Company are over 15 times larger than those made to the small solar manufacturer, and frankly, even today, more risky. (Solyndra may have failed, but its assets can and will be sold, and its plant will be repurposed. Very little of that potential exists for a failed nuclear endeavor.)

Many who are outraged by the bailouts of the banks should see each of these nuclear facilities as a little version of the same “socialize the risk, privatize the profit” model. A nuclear facility might only lose billions of dollars instead of trillions, but as Everett Dirksen observed in a cheaper era, “A billion here, a billion there, pretty soon you’re talking real money.”

And, of course, nuclear failures aren’t just toxic to the economy, they are toxic to the environment, too.

And for those that think this week’s $25 billion settlement with the five big financial institutions guilty of mortgage fraud is somehow a grand amount–just remember that you can’t get two new nuclear power stations for that. . . and after typical delays and cost overruns, $25 billion likely won’t even get you one.

So, take a good look at what is happening in Georgia–even if the Obama administration and the Nuclear Regulatory Commission won’t. . . even if the Obama administration and the NRC don’t want you to. The nuclear industry, its acolytes, its lackeys, its supplicants and subordinates want to make the Vogtle reactors the first of many, the first of an irresistible nuclear renaissance, the start of a hard-charging, government-subsidized pushback–against activists and environmentalists, sure, but in reality, against the truth.

The truth, of course, is that without the lobbyists and the grease they spread, without the captured regulators and the purchased elected officials, the nuclear industry would be relegated to the past, right alongside its antiquated technology. The truth is that nuclear power is not clean, nor safe, nor too cheap to meter–it is dirty, dangerous, and a financial sinkhole of epic proportions. Banks and investment houses know it, ratepayers in Georgia and Florida know it, many of the residents of Japan know it, and even the government of Germany knows it–and now you know it, too. Now is the time to make sure your representatives in government–your president, your members of Congress, your state and local officials–know that you know it. Now is the time to stop this boondoggle and bailout, and then get to the business of safely uncoiling the nuclear serpent’s grip on our leaders and our imaginations. The AP1000 is not a first glimpse of the future, it is the last gasp of the past–and the sooner we stop subsidizing the old ideas, the sooner we can start investing in some new ones.

Nuclear Regulatory Commission Ignores Fukushima, Green-Lights First New Reactors in 34 Years

Current containment buildings and cooling towers at the Vogtle Electric Generating Plant in Burke County, GA. (photo: NRC)

The Nuclear Regulatory Commission has granted a construction and operating license to Southern Co. for two reactors to be added to its Plant Vogtle facility in Georgia. The OK is the first granted by the US regulator since 1978.

The NRC approved the license over the objections of its chairman, Gregory Jaczko, who wanted the license to stipulate that the units would meet new standards recommended by the agency’s Fukushima Near-Term Task Force (NTTF) report:

“I think this license needed something that ensured that the changes as a result of Fukushima would be implemented,” Jaczko said in an interview after the vote. “It’s like when you go to buy a house and the home inspector identifies things that should be fixed. You don’t go to closing before those things are fixed.”

The NTTF recommendations, geared toward improving safety and preventing another disaster like the one still evolving at Japan’s Fukushima Daiichi nuclear power facility, have still not become official government rules–some are projected to take up to five years to draft and implement–and so, for now, the new reactor construction will get to pretend the Tohoku quake and tsunami, and the resulting core meltdowns and widespread radioactive contamination, never happened.

The Vogtle reactors are of a new (or, let’s call it “new-ish”) design. The AP1000 reactor was just approved by the NRC in December, over the objections of numerous scientists and engineers, who saw claims of innovation insufficient to counter the dangers native to any Pressurized Water Reactor (PWR) design. Upon examination, many of the “improvements” to the AP1000 look more like ways to cut construction costs. Even so, a single new AP1000 is expected to cost anywhere from $8 billion to $14 billion dollars–and, it should be noted, no US nuclear facility has ever come in anywhere close to on time or on budget. The US government has already pledged over $8 billion in federal loan guarantees to cover construction of the Georgia reactors, since without the government backstop, no private financial institutions will invest in such a high-cost, high-risk project. Southern Co. has already spent $4 billion preparing the Vogtle site for the anticipated new construction.

I cannot support this licensing as if Fukushima never happened,” said Gregory Jaczko after the Thursday vote–but thanks to the four other commissioners of his captured agency, licensing as if Fukushima never happened is exactly what the NRC did.

The Party Line – November 4, 2011: Self-Styled Clean Energy President Embraces Future That’s Dirty, Dangerous, and Expensive

“Reeling from months of protests, President Barack Obama’s advisors are worried. . . .”

So begins a November 3rd story from Reuters assessing the potential political fallout from an administration decision to green-light the Keystone XL pipeline, TransCanada Corp’s plan to move crude oil from the tar sands of Alberta to refineries in Texas. Reading the whole piece, one can’t help but feel that Obama is still of a mind to go ahead and OK this dangerous and much-derided plan, it is just the Obama 2012 campaign that’s agonizing over how to spin it.

Back in 2008, Obama the candidate seemed to understand the threat posed by global warming, and he spoke often of moving away from carbon-heavy fuel sources like tar sands. Now, a good part of what is considered the president’s “base,” it seems, understands that the transcontinental pipeline is not only a danger to farmlands and aquifers, but also a betrayal of a campaign promise.

Don’t think this is the dynamic at play? Look at recent administration boasts about such “green” initiatives as raising the Corporate Average Fuel Economy (CAFE) standards, or just read Obama campaign spokesman Ben LaBolt in the abovementioned Reuters story:

“The president has done more to wean us off of foreign oil and transition the nation to a clean energy economy than any other,” he said. “When Americans compare the president’s record promoting clean energy and America’s energy security to those of the leading Republican candidates, who don’t even believe that climate change is an issue that we need to address and would cede the clean energy market to China, there will be no question about who will continue our progress.”

Moving beyond the observation that this is the same “We suck less” positioning that performed so poorly for Democrats in 2010, there are indeed many questions raised by Obama’s apparent take on our energy future.

LaBolt’s claim, “The president has done more to wean us off of foreign oil and transition the nation to a clean energy economy than any other,” first begs the obvious fact-check: Alberta is not in the US, and tar sands crude is no one’s idea of clean energy. But it is not a big leap to read this statement as something more inclusive, something meant to refer to all of the Obama administration’s moves in the energy sector. Indeed, with references to clean energy, climate change and China, the Obama campaign is probably hoping for some to hear a commitment to solar power, while others might understand it as an embrace of nuclear fission.

Intent notwithstanding, administration moves have underscored the latter–a White House enraptured with nuclear power–just as events continue to lay bare the lie that US nuclear power generation could fit anywhere into a tale of clean, domestic energy advocacy.

A new stupid way to boil water?

On November 1, the Nuclear Regulatory Commission approved a new design of what is called an Advanced Boiling Water Reactor (ABWR) slated for construction in South Texas. The plan to build two 1,350-megawatt reactors was originally pitched five years ago, with the original plant operator, NRG Energy (so nice they named it twice!), requesting design certification for Toshiba’s version of ABWRs in 2007.

But in 2009, the NRC made mandatory what had previously been a voluntary requirement that plants would be able to withstand a 9/11-style aircraft attack and continue to cool the reactor and spent fuel pools. The ABWR design, and its certification, had to be amended. This amended design is what just received the NRC’s thumbs-up.

A funny thing, however, happened since the original request: NRG stopped investing in the project. NRG was the prime investor in the “South Texas Project Nuclear Power Co.,” which is the name of the body that originally submitted the amended design. Without NRG, Toshiba has been shepherding the certification request, the one just approved by the Nuclear Regulatory Commission. Just one hitch, though, foreign companies are not allowed to operate nuclear power plants in the United States–a point that seems to have been missed by the NRC (and by most establishment news reports about the certification).

This design certification without funding or domestic management in place provides an almost comic counterpoint to the funding-without-certification approach taken by the Obama administration for the AP1000 reactors proposed for Georgia’s Plant Vogtle.

The AP1000, a riff on a Pressurized Water Reactor design, is supposed to provide passive cooling inside a reactor in the event of a loss of power to the active cooling system. There are many questions about the AP1000, and it too had to be altered to comply with the 2009 9/11 rules, but the most recent delay in certification comes at least in part from concerns that the design should also account for a Fukushima-like seismic event. At this point, Vogtle’s operator, The Southern Company, and the NRC have not come to a meeting of the minds.

But these concerns–or, at least, delays–did nothing to dampen the enthusiasm of the White House. In February of 2010, without any design certification in place, none other than Barak Obama himself announced $8.33 billion in loan guarantees for Southern. This was done with fanfare at a public event (there’s even a YouTube of the announcement).

So, certification with no funding, or funding with no certification–to the US federal government, it doesn’t matter. And it spells out two points in bold type: The Obama administration stands squarely behind nuclear power. . . and the marketplace does not. Without help from what the campaign would have voters believe is the all-time greatest champion of clean, green, domestic energy, new nuclear reactors would not be built in the United States.

Uranium extraction is not clean and never has been. The US is still paying to clean up from mining in the southwest that ended half a century ago. And today, uranium is not really a domestic fuel source, either. A list of the world’s top uranium producers looks like this: 1) Kazakhstan, 2) Canada, 3) Australia, 4) Namibia, 5) Russia, 6) Niger, 7) Uzbekistan. The US comes in eighth, accounting for just 2.9 percent of the world’s uranium production. By contrast, the US ranks third in global oil production, extracting almost 11 percent of the world’s crude.

And uranium doesn’t jump out of the ground ready to go for a nuclear reactor. The processing of uranium ore into useable fuel is a dirty, costly and energy intensive endeavor requiring loan guarantees, waste storage and safety protocols all its own. (And as if to underscore this, House Speaker John Boehner has recently requested federal loan guarantees to build a new nuclear processing plant in his home state of Ohio.)

Fukushima: a case study

A pair of new stories out of Japan provide all the evidence any president would need to honestly evaluate the role of nuclear power in America’s supposedly clean, green energy future.

Fukushima isn’t a single event, it is an ongoing, ever-evolving, always metastasizing crisis. In case anyone thought otherwise, the detection of radioactive xenon in Fukushima Daiichi reactor 2 provided a chance to again pay heed to just how serious things remain at the crippled Japanese nuclear facility.

Though Tokyo Electric Power Company (TEPCO), the nominal owners Fukushima Daiichi, contend that the trace of xenon gas does not represent evidence of a nuclear chain reaction inside the reactor previously thought closest to a so-called “cold shutdown,” they still pumped in boric acid–a substance used to mitigate nuclear fission.

Tokyo Electric may or may not be telling the whole truth in this instance, but evidence from throughout this disaster dictates skepticism. For example, scientists have again revised upwards their estimates of total radiation released from the plant, and a new study explodes TEPCO’s minimalist fairytale:

France’s l’Institut de Radioprotection et de Surete Nucleaire (Institute for Radiological Protection and Nuclear Safety, or IRSN) has issued a recent report stating that the amount of radioactive cesium-137 that entered the Pacific after 11 March was probably nearly 30 times the amount stated by Tokyo Electric Power Co. in May.

According to IRSN, the amount of the radioactive isotope cesium-137 that flowed into the ocean from the Fukushima Daiichi nuclear plant between March 21 and mid-July reached an estimated 27.1 quadrillion becquerels.

Quadrillion is not a number that often comes up in polite conversation, but suffice it to say, it’s a lot. . . even for becquerels. Soon after the March 11 earthquake, Japan revised acceptable levels of radioactive cesium upward. . . to 500 becquerels per kilogram. Though even the 27.1 quadrillion number sort of redefines the phrase “a drop in the ocean,” the really disturbing notion is that with a relatively long half-life, the pattern of Pacific currents, and the principles of bio-accumulation and bio-concentration at play, it is possible that everyone who includes Pacific Ocean fish in his or her diet is now part of an informal, long-term experiment on the effects of low-level radioactive contamination. Or, as the same story as above snidely puts it:

The radioactive silver lining? Radioactive cesium-137 has a half life of roughly 30 years, so if the IRSN estimates are accurate, then [b]y 2041 the Pacific’s aquatic life will only be subjected to a mere 13.55 quadrillion becquerels of radiation.

But long half-lives and long-term health effects require long-range thinking, not to mention arguments about the relative value of human life. Perhaps another fresh release from Japan tells the nuclear story in numbers a deficit-obsessed DC elite can more easily comprehend:

Tokyo Electric Power Co. won approval for a 900 billion yen ($11.5 billion) bailout from the government after the Fukushima nuclear catastrophe to avert bankruptcy and start paying compensation for the crisis.

Trade and Industry Minister Yukio Edano approved the support after the company known as Tepco committed to cutting 7,400 jobs and 2.5 trillion yen in costs. The utility forecast an annual loss of 600 billion yen, its second since the March earthquake and tsunami wrecked its Fukushima nuclear plant.

Eleven-and-one-half-billion dollars–and that only takes TEPCO through March 2013. Who here thinks the crisis will be over by then? It almost makes Obama’s $8.33 billion loan guarantee to Southern look like a bargain.


Except that the loan guarantee is just for construction of a yet unapproved reactor design–should Southern, or whatever entity might eventually operate Plant Vogtle, experience an accident, that would likely be a whole other ball of bailout.

But what could possibly go wrong? Well, as repeatedly documented in this column, a lot. Beyond the level-7 sinkhole that is Fukushima, in the US, 2011 alone has seen manmade accidents and natural disasters that have scrammed and/or damaged more than a half-dozen reactors. And with each event, a process of shutdown, repair, inspection, authorization and startup costs time and money that does nothing to provide America with clean, safe, renewable, affordable energy.

Each event does, however, add costs to a variety of segments of the economy. Energy production and utility bills are obvious, but this nuclear obsession also drives up costs for healthcare, food safety, air and water quality, the yet-to-be-solved problem of long-term waste storage, and don’t forget the additional tax burden required to support all the bailouts, tax breaks and loan guarantees for the nuclear industry. The Center for Strategic and International Studies, a US think tank, has also called for a global study of the health effects of long-term radiation exposure as part of an international response to the Fukushima disaster. That, too, is an expense that should be factored into the real cost of nuclear power.

One thing, however, has gotten cheaper since the Japanese earthquake and tsunami gave the world its third top-level nuclear accident since 1979, and that would be uranium. Since March, world uranium prices have fallen some thirty percent. In fact, demand is so low, the French company Areva has decided to suspend its uranium mining in the Central African Republic–for two years.

The market is again speaking, but to those predisposed to cherish the siren song of nuclear power, cheap uranium could easily become the excuse to dash greener, safer alternative energy development.

Since the earliest days of nuclear power, that siren song has gone something like this: clean, safe, and too cheap to meter. Obviously, 2011 has proven none of that rings true, but when an administration believes it can greenwash away the political fallout from a tar sands pipeline, is it such a stretch to see them ignoring the financial and radioactive fallout of nuclear power in their attempt to package Obama as the cleanest, greenest energy president ever?

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I am always happy to see the issues discussed in this column get attention from a broader audience, so I was thrilled to see Rachel Maddow take nine minutes out of her Wednesday show to call attention to what she sees as a scandal no one finds sexy enough to get excited about–namely the dangerous state of nuclear power plants across the US. But her contention that no one is paying attention irks me, at least a little. I have lost count of the number of posts I have devoted to this very subject this year, and I think, throughout, most would say I find much about this subject quite scandalous. So, Rachel, next time you want to talk about this stuff, the next time you want to share your excitement about this scandal, call me.

NRC Chair Jaczko: Events Like Fukushima Too Rare to Require Immediate Changes

NRC, nuclear

NRC Chair Gregory Jaczko (photo: Gabrielle Pffaflin/TalkMediaNews)

For those that think nothing has changed in United States regulation since the Japanese earthquake and tsunami started the ongoing crisis at the Fukushima Daiichi nuclear facility, think again. The pre-disaster mentality of “What could possibly go wrong?” has been replaced with reassurances that “Stuff like that hardly ever happens!”

At least that is the impression conveyed by the current chairman of the US Nuclear Regulatory Commission, Gregory Jaczko, in a pair of early October interviews. During two NRC-sponsored events, Jaczko fielded questions first from nuclear industry professionals and those considered friendly to the expansion of nuclear power, and then, in a separate session two days later, responded to representatives from public interest groups and other individuals generally seen as opposed to nuclear energy.

While the tone of the questions differed somewhat predictably in the two sessions, Chairman Jaczko’s attitude did not. Jaczko took several opportunities to praise the NRC staff and the processes and protocols used by the commission, repeating in both panels that the primary duty of his agency is ensuring the safety of nuclear facilities in the United States.

Beyond his broad assurances and patient, capable demeanor, however, many of the chairman’s assertions about both the NRC process and the progress being made toward his stated safety goals highlighted notable contradictions and troubling biases inherent in America’s nuclear regulatory regime.

To be fair, the pre-Fukushima outlook was not exactly “What could possibly go wrong?” In terms of the types of accidents and the repercussions of contamination, containment breaches, radioactive releases, meltdowns, melt-throughs, and a host of other undesirable situations, regulators and industry insiders alike were probably quite aware of what could go wrong. But as US nuclear proponents and profiteers strove to convey the impression of an informed industry, they also moved to downplay the threats to public safety and made sure to stress that, when it came to disaster scenarios, they had it covered.

If the disaster in Japan has proven one thing, though, it is that plant operators and nuclear regulators didn’t have it covered. Events (or combinations of events) that were either not foreseen or not acknowledged leave Japan scrambling to this day to understand and mitigate an ever-evolving catastrophe that has contaminated land and sea, and exposed yet-untallied thousands of Japanese to dangerous levels of radiation. “As we saw in Fukushima,” said Jaczko, “accidents still do happen in this industry. If we are thinking that they can’t, we are in a dangerous place.”

But for US nuclear regulators, there needn’t be any sense of urgency–or so believes the NRC chair. When asked why the agency doesn’t hold up plant relicensing until new standards that include lessons learned from the Japanese disaster are in place, Jaczko expressed confidence in the current system:

Bottom line is that changes get made at a plant. . . some changes will be made quickly, some may take years. It doesn’t matter where a plant is [in the process]–what is the licensing phase–but that changes get made. These are low frequency events, so we have some leeway.

It is a posture Jaczko took again and again in what totaled over two-and-a-half hours of Q&A–accidents are very, very rare. Given the history of nuclear power, especially the very recent history, his attitude is as surprising as it is disturbing. Beyond the depressingly obvious major disasters in nuclear’s short history, unusual events and external challenges now manifest almost weekly in America’s ageing nuclear infrastructure. The tornado that scrammed Browns Ferry, the flooding at Fort Calhoun, the earthquake that scrammed the reactors and moved storage casks at North Anna and posed problems for ten other facilities, and Hurricane Irene, which required a number of plants to take precautions and scrammed Calvert Cliffs when a transformer blew due to flying debris–all are external hazards that affected US facilities in 2011. Add to that two leaks and an electrical accident at Palisades, stuck valves at Diablo Canyon, and failures in the reactor head at oft-troubled Davis Besse, and the notion that dangerous events at nuclear facilities are few and far between doesn’t pass the laugh test.

That these “lesser” events have not resulted in any meltdowns or dirty explosions does nothing to minimize the potential harm of a more serious accident, as has been all too vividly demonstrated in Japan. The frequency or infrequency of “Level 7″ disasters (the most severe event rating–so far given to both Chernobyl and Fukushima) cannot be used to paper-over inadequate safeguards when the repercussions of these catastrophes are so great and last for generations.

Storage concerns don’t concern

Chairman Jaczko’s seeming ease with passing current problems on to future generations was also in evidence as he discussed mid- and long-term storage of spent nuclear fuel. Though previously a proponent of an accelerated transfer of spent fuel from pools to dry casks, Jaczko now says, post-Fukushima, he has “no scientific evidence that one method is safer than the other.” The chairman made a point of noting that some dry casks at Virginia’s North Anna plant moved during the August earthquake, but said that it will be well over a year before we can evaluate what happened to wet and dry storage systems at Fukushima.

While it is true a full understanding will have to wait until after Daiichi is stabilized and decontaminated, it is already apparent that the spent fuel pools, which require a power source to actively circulate water and keep the stored fuel cool, posed dangers that in some ways rivaled the problems with the reactors. (So far, no Japanese plants have reported any problems with their dry casks.) So obvious was this shortcoming, that the NRC’s own staff review actually added a proposal to the Fukushima taskforce report, recommending that US plants take more fuel out of wet storage and move it to dry.

Jaczko’s newfound indifference is also odd in light of his own comments about dry casks as an alternative to a central nuclear waste repository. Asked in both sessions about the closing of Yucca Mountain (the proposed US site for spent nuclear fuel), the chairman buoyantly championed the possibility of using on-site dry casks for hundreds of years:

The commission is taking the appropriate action to address the storage of spent fuel. We have come to the conclusion that, over the short- and medium-term, safe storage is possible. We are taking a look at what is the finite limit on current [dry] storage. . . 200, 300, 400 years. Is there a time we have to move the fuel? . . . Nothing tells us we shouldn’t generate the [radioactive] material. We don’t see a safety concern out 100 years, or anything that says at 101 years, everything changes.

Chairman Jaczko then added that while the nuclear industry is generating waste that will require “long, long term storage or isolation,” it is not unprecedented to assume this problem can be taken care of by “future generations.”

It is good that Jaczko has such faith in the future, because his depiction of the present is not actually that impressive. While the NRC chief repeatedly touted their “process” for evaluating risks, problems, and proposals, he also painted a picture of a bureaucracy that has so far failed to fully act on the initiatives he has considered most important. Neither the fire-safety improvements Jaczko has championed since he came to the commission in 2005, nor the security enhancements required after 9/11/2001 have as yet been fully implemented.

Process is everything

Time and again, whether he was directly challenged by a question or simply asked for clarification, Gregory Jaczko referred to the NRC’s “process.” “We have a relicensing process,” “there is an existing process [for evaluating seismic risk],” there is a process for determining evacuation zones, there is a process for incorporating lessons learned from Fukushima, and there is a process for evaluating new reactor designs. Process, of course, is not a bad thing–in fact, it is good to have codified protocols for evaluating safety and compliance–but stating that there is a process is not the same thing as addressing the result. Too often, what might have sounded like a reasonable answer from the chairman was, in reality, a deflection. “The process knows all; trust in the process. I cannot say what will happen, and what I want to happen does not matter–there is a process.” (This, of course, is a dramatization, not a direct quote.) Form over functionary.

But Jaczko had barely started his second session when his reliance on process suffered an “unusual event,” as it were.

Asked about why the NRC seemed to be moving full-speed ahead with relicensing, rather than pausing to wait for Fukushima taskforce recommendations to be formalized, the agency chief first said, “There is an existing program, there are processes.” But within a breath, Jaczko then said, when it comes to lessons learned from Fukushima being some sort of prerequisite for final license approval, “We are going to look on a case-by-case basis.”

Is deciding whether to apply new requirements on a “case-by-case basis” actually a process? Many would say it pretty much defines the opposite.

The counter-intuitive also took a star turn when it came time to consider new externalities and pending environmental impact surveys. Shouldn’t the Fukushima taskforce findings be considered as part of a series of new environmental impact studies? Well. . . “It is clearly new information, but does it affect the environmental impact survey? Because they are very, very low likelihood events, it is not part of the environmental impact survey.” Jaczko here seems to be saying that unless you know in advance of the new study that the new information will alter the findings, you do not need to consider new information.

Shocked, shocked

With such confidence in the commission and its process, would it be safe to assume that Greg Jaczko is comfortable with the current state of nuclear safety in the United States? Perhaps surprisingly, and to his credit, the NRC head seems to say “no.”

As previously discussed, Jaczko expected faster action on fire safety and security upgrades. He also defended his going public with complaints about design problems with the AP1000 reactors proposed for Plant Vogtle:

We had been going back and forth with [AP1000 designer] Westinghouse for two years. I felt [a lack of] openness; felt if you aired the issues, they get addressed. Now, I feel it was. . . addressed. It ultimately forced these issues to get resolved.

Chairman Jaczko was also asked what tech issues keep him up at night:

Those components that are not replaceable, not easily inspectable. Those subjected to repeated exposure to high radiation, stresses that cause high degradation.

Jaczko said he felt the commission had a handle on what radiation does to the concrete in the containment vessel, but he was less sure about the effect of “shock,” which he defined as “repeated power trips” or scrams. Jaczko acknowledged that this increases stress on the containment vessels, and added, “Some places will not have 20 years [left] on pressure vessels. We get into an unknown piece of regulation on pressure vessel repair.”

That is a pretty stark revelation from a man so passionate about his agency’s ability to, uh, process new data, but it highlights another facet of Jaczko’s approach to regulation.

Noting that New Jersey’s Oyster Creek reactor was granted a renewed operating license for 20 years, but its operator later negotiated with the state to shut it down in 10 years, Jaczko said, “Extension is an authorization to operate, not a requirement to operate.” Relicensing, he said, might come with requirements for modifications or orders that they “monitor aging.”

Jaczko also said that states or facilities might decide it is not economically viable to keep a plant running for the full length of its license, “Like if you have a car and the clutch goes and you make a decision not to replace it.”

How to regulate, even without the Regulatory Commission

Yes, another deeply flawed automobile analogy, but note that Jaczko allows for, and maybe even expects, limits to a plant’s life that are not regulated by the NRC. And in detailing such, the chief regulator of the US nuclear industry shows where citizens might exercise leverage when his NRC fails.

First, there is that issue of economic viability. As previously discussed, the market has already rendered its verdict on nuclear power. In fact, it would be absolutely impossible to build or operate a nuclear plant without loan guarantees, tax breaks, and subsidies from the federal government. The new construction at Vogtle is projected to cost nearly $15 billion (and these plants always go way over budget), and the Obama administration has had to pledge $8.33 billion in loan guarantees to get the ball rolling. Without that federal backstop, there would be no licensing battle because there wouldn’t be the possibility of the reactors getting built.

In fact, in this time of questionable nuclear safety, deficit peacockery and phony Solyndra outrage, it is illustrative to note:

. . . in FY2010 alone, $2.82 billion went to natural gas and petroleum interests (through direct expenditures, tax expenditures, research and development funds, and loan guarantees), $2.49 billion to nuclear energy interests and $1.13 billion to solar interests.

Would any of the relicensing and new construction applications be before Jaczko’s NRC if the energy-sector playing field were leveled?

Second, at many points in the interview, federal regulator Jaczko referenced the power of the states. Early in the “pro” nuclear session, an anxious question expressed worry that states such as Vermont could play a role in the relicensing of reactors. While stating it was yet to be determined whether Vermont’s authority overlapped with the NRC, its chairman stated plainly that states do play a role. “States decide what kind of generating sources they use,” Jaczko said, “especially if the state has a public utility.”

When asked in the second panel if the NRC considers whether new rules or licensing delays will cause rate hikes for consumers, Jaczko said the final determination on rates was the purview of a state’s public utilities commission:

If the PUC denies charges, then they won’t get our approval to go forward–but if the PUC denies a rate change, they [the plant operators] still have to make the improvement required.

And when discussing how the NRC draws evacuation zones, Chairman Jaczko said that in the end, it was the responsibility of the state and local governments, acting on data from the utilities and advice from the NRC, to determine where, when and how to evacuate in case of a nuclear accident.

And, yes, that does sound again like some of the buck-passing that marked too much of these interviews, but it is also a roadmap for a possible detour around a recalcitrant or captured federal agency. If activists feel shut out of the regulatory process, they can attack the funding. If federal elected officials are not responsive (because they, too, have been captured by a deep-pocketed nuclear industry), concerned citizens can hit closer to home. As Jaczko says, states can choose their power sources, and states can define evacuation protocols that either better insure public safety or reveal continued operation of nuclear facilities to be untenable.

Such action would not be easy–state and local officials have their own interests and conflicts–but it might prove easier than a broad federal play. Recent successes by those seeking to close aging coal-fired generators show that action at the individual plant level is possible.

Open to openness

For anything to happen, of course, it is important that a dedicated and passionate citizenry organize around a tactic, or, if they prefer, a process. But it will also require a level of openness on the part of government. Sometimes that openness is offered, sometimes it is hard won, but without transparency, progress is hard to make and hard to measure.

Gregory Jaczko repeatedly stated that he is a big advocate of openness, and he offered these interviews in that spirit. These two events obviously didn’t go all the way in that direction–not even close–but the sessions had merit. Chairman Jaczko, despite all the problems detailed above, can still be admired for exhibiting something rather rare in today’s political climate, a regulator that actually believes in regulation. He, in fact, conveys a passion for it. That some of that regulation is based on flawed assumptions, and that much of it is weak or never enforced, cannot be ignored, but if the head of the Nuclear Regulatory Commission advocates for the regulatory process (even when hiding behind it), then there is at least a process to improve.

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A version of this story was previously posted on Truthout.