The War on Gregory Jaczko: Attempt at NRC Coup Evidence of Bigger Problems

NRC, nuclear

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

Readers of this space know that the pace of safety reforms for America’s nuclear facilities, especially in the aftermath of Japan’s Fukushima disaster, has been alarmingly slow. The recalcitrance–if not active hostility–exhibited by the nuclear operators and their government handmaidens borders on the criminal. So, it might sound more than a little bit shocking to hear that the chairman of the Nuclear Regulatory Commission, Gregory Jaczko, is now under attack. . . for trying to implement new safety standards too quickly.

That’s not how House Oversight and Government Reform Committee Chairman Darrell Issa (R-CA) is putting it, of course. In doublespeak that would make Orwell proud, Issa has written to the White House, issued a report, and fallen just shy of calling for Jaczko’s head:

“The current Chairman, through his blatant disregard for the Commission and its core beliefs, is testing this resolve,” the report says. “The NRC has survived thus far but the cracks are forming and all symptoms point to catastrophe.”

The report comes several days after Issa released a mid-October letter from the NRC commissioners to the White House that alleges that Jaczko is causing “serious damage” to the agency that could harm the body’s ability to protect health and safety.

The reality, of course, is that Issa–who has summoned Jaczko and fellow commissioners to appear at hearings this very day–has a vested interest in obstructing new health and safety rules, and the hubbub and hearings he is now orchestrating do not in any way focus on post-Fukushima lessons learned, unless that lesson is that the nuclear industry must engage a full-court press to preserve their privilege and profits in light of a new global awareness of the true cost and real dangers of nuclear power.

Since taking the gavel at Oversight, Issa has used his authority to disrupt government’s regulatory roll in the service of his corporate benefactors. In the case of the nuclear industry, Issa’s district includes the San Onofre Nuclear Generating Station (SONGS), and Edison International, which owns nearly 80 percent of SONGS through its subsidiary, Southern California Edison, is Issa’s third largest source of career campaign contributions:

[Edison's] political action committee has given Issa’s campaigns $46,000 over the years, including $5,500 during the last cycle. The PAC has also given $10,000 to Issa’s own PACs.

A company–in this case a nominally public utility–paying the piper and calling the tune is, sadly, not necessarily breaking news in 21st Century American politics, but when it comes to the nuclear sector, the level of influence and the nakedness of the quid pro quo should offend everyone.

And the ties don’t stop at the electoral level. Many regulators today come with strong connections to the industries they are supposed to regulate, but few demonstrate a closer relationship or a more unsettling affinity for their private-sector counterparts than NRC commissioner William Magwood, IV.

As reported in October, Bill Magwood, an Obama appointee, spent many years in the Bush administration’s Department of Energy as director of the Office of Nuclear Energy. During that time, Magwood was alleged to have had regular private meetings with Marvin Fertel, then-Senior Vice President and now President and CEO of the Nuclear Energy Institute (NEI), the lobbying arm of the nuclear power industry. (Not, coincidently, Fertel is quoted in several of this week’s stories hostile to Greg Jaczko.) FOIA requests were filed for records of those meetings, but Magwood’s email correspondence and calendars were destroyed just one month after he left the DOE in 2005.

After leaving the Bush administration, Magwood formed a consulting firm, Advanced Energy Strategies, which had as clients many of the nuclear power companies he dealt with at the Department of Energy and is now tasked with regulating as a commissioner at the NRC. One of those clients, as was uncovered this week by The Huffington Post’s Ryan Grim, was TEPCO, the Japanese power consortium that officially still owns and operates the damaged Fukushima Daiichi nuclear facility. And that’s not all:

Magwood’s recent client list makes up a who’s who of Japanese power and nuclear companies, and included CLSA Japan Equities Division, the Federation of Electrical Power Companies in Japan (FEPC), IBT Corporation, Marubeni Corporation, Mitsubishi Heavy Industries, RW Beck, Sumitomo Corporation and the Japan Atomic Energy Agency, which was roundly criticized for its response to the crisis.

It is Jaczko’s use of his authority to push for new rules based on the post-Fukushima Near-Term Task Force (NTTF) recommendations that reportedly triggered the discord that motivated Issa’s current attack. But the controversy is deeper and more complicated.

First, Magwood and other NRC commissioners were vocally differing with Chairman Jaczko before the Fukushima nightmare started. Most notably, some of the commissioners and much of the nuclear industry were upset when Jaczko removed the unfinished Yucca Mountain nuclear waste facility from the NRC budget after President Obama announced an end to the troubled Nevada dumpsite. Magwood was a strong proponent of Yucca Mountain during his years at the DOE and after, when he worked in the private sector. US nuclear facilities face a spent-fuel disposal crisis, and desperately need the federal government to take the hazardous waste off their hands.

Second, though the commissioners’ complaint was written and delivered to the White House in October, it was only made public by Rep. Issa last Friday. A slot usually reserved for news dumps seems like bad timing if Issa and his allies wanted to create a splash, unless you consider that Rep. Ed Markey (D-MA) had planned to release a report on Monday showing how NRC commissioners had coordinated with pro-nuclear legislators to slow or stop post-Fukushima safety reforms. Markey’s report (PDF) includes emails revealing commissioner Magwood and staffers for pro-nuclear Sen. James Inhofe (R-OK) worked together to discredit Jaczko for taking the lead on the US regulatory response to Fukushima.

Magwood, it should be noted, is thought to be next in line for NRC chief, if attempts to unseat Jaczko are successful.

Still, as internecine as all this sounds, this story would be easier to grasp if it were a simple tale of strong regulators vs. industry shills. Alas, as has often been the subject of these columns, the Jaczko-led NRC is far from the zealous industry antagonist depicted in pro-nuclear critiques. While Greg Jaczko might be the most regulation-friendly member of the current commission, his positions and policies are hardly progressive.

Those post-Fukushima recommendations, while all positive moves, are still weak tea when compared with the crisis that motivated the report. The speed at which they will be adopted–if they are ever adopted–can only be described as glacial. Despite Jaczko’s expressed wish that post-Fukushima realities be considered in the design, licensing and re-licensing of US reactors, the approvals of new construction and the renewals of operating licenses for aged reactors continue without any additional, Fukushima-influenced requirements. Further, disturbing domestic nuclear power events have not been met with the level of scrutiny they deserve.

November alone saw the approval of new reactors in South Texas, the refusal to consider the Fukushima report in the proposed relicensing of Seabrook, and reactor restarts of the quake-damaged North Anna facility and of the troubled Davis-Besse plant, even after its owner was forced to admit the presence of new cracks in its reactor building.

In October interviews, Jaczko expressed an interest in increased safety, but he also hid behind a regulatory process that quite plainly was not accomplishing his stated goals. The chairman also made assertions about the lifespan of reactors and the long-term safety of on-site spent-fuel storage that seemed cavalier and contrary to both existing evidence and current science.

While Jaczko might wish to see the Fukushima taskforce recommendations become rules, his pronouncements on the need for progress were weaker than the demands made by Sen. Barbara Boxer (D-CA) before her Environment and Public Works Committee (one of the committees charged with oversight of the NRC) during August hearings on the NTTF report:

The California Democrat said that if the industry wanted to operate and expand, it had to demonstrate that it could do so safely. Boxer stressed that it was important that citizens saw regulators as their defenders, able to act quickly in response to a crisis and honestly assure the safety of nuclear facilities. It takes a trusted regulatory regime for an industry to prosper.

. . . .

Boxer, to her credit, vowed to hold hearings every 90 days to push for action on the task force report.

The decision to stop construction on the Yucca Mountain waste facility, while the right one, was as much a victory for NIMBY politics as it was for progressive values. Indeed, Nevada Sen. Harry Reid (D), long an opponent of putting a nuclear dump in his state, was once Jaczko’s boss. The end of Yucca Mountain and Jaczko’s NRC job likely owe much to Reid’s early support of Obama in 2008.

Now Reid and Obama (through his Chief of Staff, Bill Daley) have come out for Jaczko again. But is this enough to counter the nuclear industry’s attempt at a coup?

While it would not be a surprise to see “no drama” Obama–who has benefitted greatly from nuclear industry campaign contributions–abandon his NRC chief, especially in the run-up to the 2012 election, it would be more difficult if anyone outside the Beltway felt moved to fight on Jaczko’s behalf.

It’s been the same story for Democrats for years now–Jaczko’s fight is just the latest example. Democrats from the president on down have repeatedly leaned right, disheartening and alienating their activist base, while gaining no measurable concessions from Republican opponents. Nothing Jaczko has done to appease the nuclear industry (or their government surrogates) has made them like him any more–to them, any regulator is a bad regulator. The nuclear lobby wants their loan guarantees, their tax breaks, and their Price-Anderson indemnity without any strings attached.

While it is very possible that any chair that replaces Jaczko will be even friendlier to the nuclear industry, there still exists little pro-Jaczko excitement on the left. Fukushima is a signal moment (well, in actuality, it is a never-ending series of signal moments), one that demands a much broader rethink of US nuclear policy than the regulatory tweaks in the taskforce report. If Jaczko and his elected allies want to energize America’s very-energize-able anti-nuclear community, then they need to seize the Fukushima moment with more than a proposal that better backup power systems be in place at some nuclear plants by 2016.

In the wake of the Japanese earthquake, the nuclear industry mobilized to secure their bottom line. Before there were recommendations to oppose, the industry had a plan in place to oppose them. If Jaczko and his backers want to see a mobilized response to this industry putsch, then they have to give people something to fight for. They can’t just make a few ripples and hope pro-nuclear forces will let it go; Jaczko, and Markey, and Boxer–and any others in government that grasp the meaning of nuclear’s “annus horribilis“–have to make waves.

Gregory Jaczko Has a Cold

NRC Chairman Gregory Jaczko (photo: pennstatelive)

In April 1966, Esquire Magazine published a story by Gay Talese that is still considered one of the greatest magazine articles of all time; the article, the cover story, was titled “Frank Sinatra Has a Cold.”

The piece, still very much worth the read, says much about celebrity, journalism, and, of course, celebrity journalism, but germane here is a point Talese makes early on: for most people, having a cold is a trivial matter–after all, it’s called the “common” cold–but when a man, a cultural icon, a giant of stage and screen like Sinatra (remember, this is 1966) has a cold, well. . . .

Frank Sinatra with a cold is a big deal. It affects him, his mood, his ability to perform, and so it affects his friends, his entourage, his personal staff of 75, his audience, and perhaps a part of the greater popular culture. In other words, as Talese wants you to understand, in this case, a cold is anything but trivial.

Gregory Jaczko, the chairman of the United States Nuclear Regulatory Commission, made some comments to the press earlier this week. Jaczko, it seems, is worried. He believes, as noted in an Associated Press story, that “U.S. nuclear plant operators have become complacent, just nine months after the nuclear disaster in Japan.” The NRC head thinks that a slew of events at over a dozen domestic nuclear facilities reveal the safety of America’s reactors to be something less than optimal.

To be clear, safety concerns at any kind of plant, be it a soda bottler or a microchip manufacturer, are probably not trivial, but when the safe and secure operation of a nuclear facility comes into question–as the aftermath of Chernobyl or the ongoing crisis in Japan will tell you–it ratchets up concern to a whole different level. So, when the man who more or less serves as the chief safety officer for the entirety of the nation’s nuclear infrastructure says he’s worried, many, many other people should be worried, too.

To put it another way, Greg Jaczko has a cold.

But that’s not the scariest part.

When Frank Sinatra had a cold, he knew he had a cold–pretty much everyone knew he had a cold. It was unpleasant for all of them, but forewarned is forearmed. Jaczko, though, doesn’t know–or won’t acknowledge–he’s sick. As relayed by the AP:

Jaczko said he was not ready to declare a decline in safety performance at U.S. plants, but said problems were serious enough to indicate a “precursor” to a performance decline.

Pardon my acronym, but WTF does “‘precursor’ to a performance decline” mean?

It sounds like a way to talk about erectile dysfunction, but perhaps a more accurate analogy is to say that Greg Jaczko has just told us that, yes, actually, you can be a little bit pregnant.

Of course, that is not true. Either safety–with regards to protocols, equipment and people–is up to snuff, or it is not. As Jaczko observes–and the many “unusual events” he has had to deal with this year make clear–the safety of America’s nuclear reactors is not where it needs to be:

Mr. Jaczko said the NRC has noticed an increase in “possible declines in performance” at some U.S. nuclear facilities, including instances of human error that almost exposed workers to high levels of radiation. He said a number of nuclear plants have experienced safety challenges in recent months, and that two of the plants were having significant issues.

The chairman’s classic understatement here is magnified by the Wall Street Journal. Beyond the fact that “possible declines in performance” means flat-out “declines in performance,” the human error referred to here didn’t “almost” expose workers to high levels of radiation–the accidents at Cooper Nuclear Station in Nebraska and the Perry Nuclear Power Plant in Ohio most definitively exposed workers to high (and possibly dangerously high) levels of radiation.

And the two plants having significant issues–which would those be? Would they be Crystal River in Florida, where news of a third major crack in the containment building recently came to light, and Nebraska’s Fort Calhoun, which is still shut down after flooding earlier this year? Or might they be New Hampshire’s Seabrook, where crumbling concrete was discovered in November, a month after the plant had to shut down because of low water levels, and Vermont Yankee, where radioactive tritium continues to leak into the Connecticut River?

Or maybe Jaczko was referencing North Anna, which of course scrammed when the Mineral Springs, VA, earthquake shook the reactors well in excess of their designed tolerances. Or maybe he’s including Calvert Cliffs in Maryland, where a piece of siding blown off by Hurricane Irene shorted a transformer, and the resulting loss of power to safety systems caused its reactor to scram. And who can forget Michigan’s Palisades nuclear power plant, which had to vent radioactive steam when it scrammed after worker error triggered a series of electrical issues?

Is it possible the NRC head was thinking of the constantly troubled Davis-Besse plant near Toledo, Ohio? Probably not–since the Commission just (as in 4:40 PM on Friday, December 2) okayed a restart there, despite serious concerns about numerous cracks in its shield building. But perhaps Jaczko should think again–on December 7, one day after the reactor restart, FirstEnergy, Davis-Besse’s operator, admitted that they had withheld news of new cracks on a different part of the structure, which were discovered in November. (FirstEnergy says that they only withheld the information from the public, and that they did report it to regulators–which raises grave questions about the honesty, independence and competency of the NRC and how it could approve a restart.)

Representative Dennis Kucinich, by the way, is thinking of Davis-Besse. The Ohio Democrat had called for public hearings in advance of the restart, and is now criticizing both FirstEnergy and the NRC for their lack of candor about the new cracking.

Kucinich appears to understand something that Jaczko does not: when it comes to oversight of the nuclear industry, there is no room for even the germ of a doubt.

To extend the illness-as-metaphor metaphor a little further, there is a construction often used to imply the broadly felt repercussions of a single action or a major actor: When “x” sneezes, “y” catches a cold. The phrase is believed to have started during the worldwide depression that spread after the U.S. stock market crash of 1929–as in, “When America sneezes, the whole world catches cold.” The cliché has come back into vogue during the last three years of global economic tumult, but it could easily be adapted to the ongoing perils of nuclear power.

On November 26, the Asahi Shimbun gave the world another measure of just how big a disaster the ongoing crisis at the Fukushima Daiichi nuclear facility has become:

Radioactive substances from the crippled Fukushima No. 1 nuclear power plant have now been confirmed in all prefectures, including Uruma, Okinawa Prefecture, about 1,700 kilometers from the plant, according to the science ministry.

The ministry said it concluded the radioactive substances came from the stricken nuclear plant because, in all cases, they contained cesium-134, which has short half-life of two years.

Before the March 11 Great East Japan Earthquake, radioactive substance were barely detectable in most areas.

Or, it could be said, when Fukushima sneezed, all of Japan caught a cold.

And not just Japan, of course. Fallout from Fukushima has drifted halfway around the world. Radioactive isotopes directly linked to Japan’s crippled reactors have been detected in milk and vegetables across the U.S. and Canada. And the Pacific Ocean, too, has been contaminated–and continues to be more so. December brings news of new leaks sending more radioactive runoff from the Japanese reactors into the sea. Tens of thousands of tons of overspill have already flowed into the waters around Japan’s northeastern coast–bringing levels of radioactivity to thousands of times what is considered acceptable–and TEPCO, still nominally the Fukushima’s operator, just had to scrap plans to dump untold tons more after protests from Japanese, Chinese, and Korean fishing concerns. (The contaminated water, still collecting at the plant at a rate of 200 to 500 tons a day, will exceed the facility’s 155,000-ton storage capacity by March.)

The effects of bioaccumulation–as dangerous isotopes move with global tides, and contaminated fish (and their contaminated predators) migrate–presents scientists with a long-term research project where much of the world’s population will serve as unwilling subjects.

And, as has been noted here many times, the crisis is far from over. Even TEPCO’s own conservative (or is that “dishonest?”) models now confirm a core melt-through in reactor 1. TEPCO officials insist that somehow they will cool the surrounding steel or concrete enough to stop the molten corium from going further, but the architect of Fukushima Daiichi Reactor 3, Uehara Haruo, sees things very differently. As relayed by Kevin Kamps of Beyond Nuclear, Haruo says:

It is only a matter of time before the molten core, at least of Unit 1–if not Units 2 and 3–does reach ground water, and if it hits it right. . . you’re going to have a powerful steam explosion.

And, as Kamps explains, that steam explosion will again send massive amounts of radiation into the atmosphere. As longtime nuclear activists Paul Gunter recently put it, “It’s pins and needles time,” implying that while much is unknown about what is going on inside the destroyed reactors, nothing indicates TEPCO is gaining the upper hand on this dire situation.

Yet, with all this–with the spreading fallout, the continuing radioactive water leaks, and the real threat of what so many refer to as a “China Syndrome” event–NRC Chair Jaczko worries that the U.S. nuclear industry has become complacent about the safety gaps highlighted by the Fukushima disaster. Given the evidence–and given that the NRC itself spent all summer studying the crisis and drafting recommendations based on “lessons learned”–it is hard to believe complacency is really the problem. It is probably even too generous to say that the industry suffers from willful ignorance. No, when considering the contagion spreading from Japan and the coughs and hiccups that are practically weekly here in the United States, it is probably more accurate to say that the profit-driven, government-protected nuclear sector is actively callous.

The risks, after all, of the nuclear business model are not borne by power companies. In the U.S., federal loan guarantees, state tax breaks and utility rate hikes insulate nuclear operators from the costs of slipshod construction, poor training, and malign management. Even without that, perhaps the only lesson the domestic nuclear industry will choose to learn from Fukushima is that when a catastrophe like this happens, the government is given no choice but to step in. (Beyond the price of the cleanup, and the healthcare and relocation of those in severely contaminated regions, note how TEPCO’s stock price fell all week after word leaked that the Japanese Government would buy $13 billion worth of new shares.)

So, what’s a chief regulator to do? Given the overwhelming evidence of industry arrogance in the face of real danger, Jaczko could have an “I am Hamlet, Prince of Denmark” moment, seize his birthright, as it were, and actually demand compliance from the industry he has been tasked to oversee–but, judging from his tone in many interviews, and the continuing approvals of new and renewed operating licenses, it seems more like the NRC chief will remain the Hamlet of the first four acts of the play.

WWSD–What Would Sinatra Do? Read through the Esquire piece and see how, despite his froggy throat and foul mood, Sinatra takes control of his world. In the end, as Sinatra drives his Karmann Ghia down a sunny LA street, a pedestrian sees him through the windshield and stares, wondering, “Could it be? Is it?” Sinatra, knowing he has done what needed to be done–and done it well–stares back, as if to confidently say, “Yes, it is.”

Gregory Jaczko would do well to read (or maybe re-read–who knows?) “Frank Sinatra Has a Cold.” Even if his nuclear rat pack won’t learn the lessons of Fukushima, the NRC chairman could learn a thing or two from the Chairman of the Board. Let’s hope Jaczko does so before his cold gets worse–because the possibility of another Fukushima, here in the United States, is nothing to sneeze at.

The Party Line – October 28, 2011: NRC Moves to Adopt Fukushima Recommendations “Without Delay”

The US Nuclear Regulatory Commission voted last week to implement recommendations from the Near-Term Task Force Review of Insights from the Fukushima Daiichi Accident (PDF), and to do so “without delay.” Coming over seven months after the earthquake and tsunami that started the crisis in Japan, and over four months after the Near-Term Task Force (NTTF) issued its report, the move highlights what might be accomplished when attention is paid, but also illustrates systemic flaws in the US nuclear regulatory regime.

The NRC identified a set of top-tier recommendations that focus on:

  • Re-evaluation of seismic and flood hazards;
  • Inspections after earthquakes and floods;
  • New regulations for “station blackouts” (the loss of all AC power at a reactor);
  • Reliability of vents on Mark I and Mark II containments; and
  • Better instrumentation for monitoring spent fuel pools.

This list does not represent the entirety of NTTF recommendations, just the ones the NRC wishes to see fast tracked (you know, “without delay”)–which, when it comes to nuclear regulation in the United States, means years. The NRC said its staff “should strive to complete and implement” these changes by 2016 (though Commission Chairman Gregory Jaczko said he thinks the station blackout rule can be adopted by April 2014 (PDF), so fasten your seatbelts).

Now, these recommendations (as opposed to actual rules, which still have to be drafted) do address some of the specific weaknesses exposed by the Japanese disaster–multiple external threats, power interruptions, hydrogen buildup, failing spent fuel storage systems–and that’s a positive step because these problems are quite real and quite possible at many of America’s nuclear power plants. But these fast-tracked proposals make up only seven of the 12 or 13 recommendations in the NTTF report–which, itself, is several points short of a truly comprehensive response to the threats Fukushima brought to the fore–and the process (much beloved by Chairman Jaczko) relies heavily on the cooperation of other government agencies, the good faith of the nuclear industry, and a seemingly magical belief that manmade or geologic events on a level with the March earthquake and tsunami will not happen here until after everything is brought up to code.

So, yes, there is a process for identifying problems (at least after they happen) and proposing some fixes with something approximating alacrity–which raises the question of why the system has not been more responsive over the last 50 years–but history and experience make it clear that process does not equate with performance.

During an interview earlier this month, NRC Chair Greg Jaczko was asked about one of his biggest efforts before the Fukushima crisis (PDF & Flash)–improving fire safety at nuclear facilities. Jaczko reflected on it this way:

[A]fter the Browns Ferry fire, we came up with a new set of regulations. Those regulations ultimately I think were very, very challenging to implement, so we’ve been struggling really for several decades to really implement those in an efficient and effective way. That’s not to say we don’t have strong fire protection programs, but we don’t have the most effective way to do it.

The Browns Ferry Fire happened in 1975. Jaczko has been an NRC commissioner since 2005; he has been chairman since 2009. And yet, here, now, in October 2011, 36 years after a guy checking for air leaks with a candle started a fire considered to be the second most frightening accident at a US nuclear plant (next to Three Mile Island), six years after Jaczko joined the NRC, Jaczko says that fire safety–a cause he has championed–is a “struggle,” “challenging to implement” and still not at its “most effective.”

In the same discussions, Jaczko also referenced safety upgrades suggested in response to the terrorist attacks of September 11, 2001, and how those are not yet fully implemented. Indeed, a recent story on security at the Indian Point power station underscored just how far the industry still has to go:

[W]hile the NRC came out with new security guidelines in 2003, these were largely voluntary in keeping with the Bush administration’s anti-regulatory policy. They were made mandatory in 2009, but Indian Point, New Jersey’s Salem, Hope Creek and Oyster Creek plants, and about 60 others around the country were granted waivers so they did not have to incur immediate expenses.

If a major domestic accident or a terrorist attack that, frankly, has colored practically every government action over the last decade cannot motivate full and fast compliance with NRC rules, why should the 65% of Americans who live within 50 miles of a nuclear plant believe that the Fukushima recommendations will be handled any better?

Already, events say that they shouldn’t. Within a day of the NRC voting to fast track some NTTF recommendations, the Atomic Safety and Licensing Board, the body responsible for renewing or extending the operating licenses of existing facilities, declared that it would not consider the proposed post-Fukushima requirements when evaluating an extension for the Seabrook Station nuclear plant, nor would it delay consideration of the license till new rules were in place. This is despite NRC Chair Jaczko’s stated preference to the contrary:

I would like to see some type of license condition that provides a commitment or a requirement for implementation of those [Fukushima] lessons before the plants would operate.

It should also be noted that even with Jaczko’s predilection on record, his term as chairman is set to expire in 2013–over a year before he expects any of the NTTF recommendations to be implemented. Jaczko’s desire to serve another term not withstanding, the question of whether he will be asked–even if President Obama is re-elected–or whether he can get reconfirmed is an open one. Despite originally being appointed by George W. Bush, Jaczko has come under fire from other NRC commissioners and from Republicans on the Hill. And it should be pointed out that Obama’s own appointee to the NRC, William Magwood, IV, is a veteran of the Bush administration’s Department of Energy and has been roundly criticized for his cozy relations with the nuclear industry.

And, of course, the planet also seems to have little regard for Jaczko’s inclinations. As repeatedly noted here, numerous US nuclear reactors have had to scram this year, courtesy of Mother Nature’s tornadoes, floods, earthquakes and hurricanes. (Again, that was all this year.)

So, what’s a country to do? Cross some fingers and hope for the best from a deep-pocketed industry and its weak, captured regulators? Or hit “pause” on license renewals and new plant construction–and even some restarts of sub-standard facilities–until the lessons of nuclear power’s most recent catastrophes are truly learned, and instead spend the time, money and effort on energy sources that don’t require such elaborate safety regimes?

In time, the Rockies may crumble, Gibraltar may tumble. . . but so many of the problems and byproducts of nuclear power are here to stay. Instead of accepting this eternal and fatalist frame for learning lessons and making changes, perhaps this latest case study in regulation should teach a broader lesson: transition to cleaner, safer, and more sustainable energy sources. . . without delay.

The Party Line – September 23, 2011: In Post-Fukushima Reality, What is the Future, and Who is Winning It?

Beginning a story with a correction for what might seem a technical detail might not provide the most attention-grabbing lede, but it opens the door to a broader, and important, observation.

Last week’s column contained reference to “large nuclear power-generating nations,” and then listed Australia as part of that group. That, as pointed out by reader Dgdonovan, was incorrect:

Australia is not a large nuclear power producing nation, in fact none of Australia’s electricity is produced by nuclear power. Australia is a large uranium producing nation, however.

Indeed, while Australia may posses nearly a quarter of the world’s remaining uranium deposits, it has not commissioned a single industrial-scale nuclear reactor for electrical power generation. While the ongoing crisis at Japan’s Fukushima Daiichi plant makes that look prudent, given the expansion of nuclear power over the last 50 years, it does seem odd.

Australia is hardly an industrial backwater. A member of the G20, Australia is the world’s 13th largest economy in terms of GDP. And it is not as if Australia has not considered building nuclear plants, most recently about five years ago. But nuclear power has never gotten off the ground in Australia for a rather basic reason: it is not supported by a majority of its people.

What the public wants, however, (as some recent events in the US seem to indicate) is not always what the public gets. Also required is a mechanism for the electorate to impose their will.

As previously observed, in the aftermath of the Japanese disaster, German Prime Minister Angela Merkel committed her country to phasing out nuclear power generation in relatively short order, choosing to instead invest in renewables and efficiency. Merkel may have come to this decision based on the facts as now understood post Fukushima, but German domestic politics almost certainly came under consideration, too.

Merkel’s ruling coalition in the Bundestag currently includes her own party, the Christian Democrats (CDU), and the rightwing Free Democratic Party (FDP). By every indication, the FDP is heading for substantial losses in the next federal election, so the CDU will need a new coalition partner to keep Merkel in power. The most productive option is expected to be the Greens, and to woo them, Merkel found an opportune moment to move on a core Green Party issue.

Australia’s system is not identical to Germany’s, but the parliamentary (or Westminster) plan of the lower house introduces some of the same power dynamics. (Liberal-National Coalition PM John Howard proposed developing nuclear power in 2006; his party lost to anti-nuke Labor in 2007.) Federal and most regional elections are also decided by “preferential voting” (also known as IRV, or “instant runoff”). This form of democracy tends to give voters more options, and allows tertiary parties, and their issues, to gain a foothold in the system. Australia also accords a great deal of autonomy to its six state governments, where, for instance, it would be virtually impossible for the federal Australian government to put a nuclear power plant in a state if that state’s government had rejected it.

Contrast this with the United States, where, rather than responding to the new, post-Fukushima realities, the Nuclear Regulatory Commission has signaled it is “full speed ahead” on the relicensing of old nuclear facilities (many of which are nearly identical to the Fukushima reactors; all of which are reaching the ends of their projected lifespans). Seabrook, in Connecticut New Hampshire, has just been granted permission to proceed toward relicensing, and it looks like re-upping the Massachusetts Pilgrim plant will also be moving ahead. This movement runs counter to the NRC’s own recent task force report advocating a new safety regime that incorporates lessons learned from Japan. And this relicensing also runs counter to substantial objections from state governments, nuclear watchdogs, and community activists.

Shouldn’t the chief regulatory agency wait until its new, proposed regulations are in place before giving out licenses for another 20 years of potentially dangerous operation? Under a governmental system that draws its regulators from the industry it regulates and funds its two-party, first-past-the-post elections with money from that industry, it appears not.

And regulatory protocol is not the only point of contrast. In Germany, the marketplace has already recognized the changing reality. Siemens, a German industrial giant, has announced that it is getting out of the nuclear power business:

It [Siemens] will build no further nuclear plants and is canceling its nuclear joint venture with Russia’s Rosatom. Siemens built all 17 of Germany’s existing nuclear plants. Siemens chief executive, Peter Loescher, (pictured) praised the Merkel government’s decision to close all its nuclear plants by 2022 and aim for an 80% to 100% renewable energy economy by 2050, calling it “a project of the century.”

Siemens recognizes that without government support, and without an automatic customer, there is no profit in nuclear power.

In the United States, where President Obama (a beneficiary of large campaign contributions from nuclear power companies) went out of his way to affirm the US commitment to nuclear generation immediately following the Japanese quake and tsunami, and where the federal government continues to offer loan guarantees for maintaining and operating nuclear plants, a very different picture is emerging:

Exelon Corporation and Constellation Energy have filed for Federal Energy Regulatory Commission (FERC) approval of their proposed merger. In the filing, the companies commit themselves to divesting three of Constellation’s non-nuclear power plants totaling [sic] 2648 MWe in a step to ensure the merger will not cause power market or competitive concerns in the PJM (Pennsylvania, Jersey, Maryland) Power Pool in which they operate.

Constellation is the owner of the Calvert Cliffs nuclear facility in Maryland, which has recently come under scrutiny (OK, closer scrutiny, it has a long history of safety concerns) because of an emergency shutdown triggered by a transformer explosion during Hurricane Irene. Exelon, itself the product of a merger brokered by former White House Chief of Staff and current Chicago Mayor Rahm Emanuel, was one of Barack Obama’s largest campaign contributors. Exelon already operates more US nuclear plants than any other power company.

And this isn’t the only consolidation move in the US power sector. Duke Energy and Progress Energy, companies that operate nuclear facilities throughout the southeast, are seeking to form the country’s largest electric utility.

The Exelon-Constellation deal is facing opposition from Maryland’s Governor, Martin O’Malley, while the Duke-Progress merger has raised questions in North Carolina. But the final say on whether either deal goes through rests with FERC, the Federal Energy Regulatory Commission.

FERC is comprised of five commissioners, each appointed by the president to a five-year term (in theory, anyway–one commissioner is still there, despite his term supposedly ending in June). As currently constituted, three members are George W. Bush appointees, two were picked by President Obama (though that does not necessarily predict how they will act). FERC’s decisions are final, and are not subject to any kind of Congressional vote.

The differences are stark. In Germany, where electoral realities have forced to the government to take an honest look at nuclear safety, market realities have delineated a path away from nuclear power and toward a renewable energy economy. In the US, where government is not only insulated from popular opinion but also beholden to corporate largess, elected officials, regulators and industry work hand-in-hand to perpetuate dangerous, expensive and inefficient technologies (while, on Capitol Hill, House Republicans vote to slash already threadbare programs meant to encourage renewable energy development).

In an age where so many economies are desperately trying not to lose any more ground in the present, could it be that the ones more responsive to their rank-and-file electorates are the ones in the best position to (to borrow a quickly forgotten phrase) win the future?