Blogiversary: Sweet 16

Welp… another year in the books–though I won’t say it was one for the books. Not for writing them or reading them… or for any metaphysical personal ledger, really. But it has really been a year.

Reviewing what I wrote one year ago, I still must get some thrill out of shouting into the void, and I still, for better or worse, agree with Ms. Parker, as some of the best days this past year were best not because they were spent writing, but because they finished with the sense of having written.

I’m looking forward to more days like that, even if you, dear reader, might not know it for a while. I am not looking forward to another year like this last one, with just too darn many realizations I didn’t want to realize, and fewer and fewer who want to realize it all with me….

Which reminds me of a great line from a less-than-great film. It’s delivered by all-time great Gloria Grahame to the equally great Robert Mitchum: “They always warn you about solitary drinking,” she laments, “but they never tell you how to get people to stay up and drink with you.”

In case there’s any question, I’m Gloria here.

I could go on (and, somewhere else, I’m sure I will), but as that quote affirms, we are here for the drinks! I might only just crack open a beer myself, but I will share the recipe I concocted for Christmas, when I wanted another film reference—the “flaming rum punch” Clarence orders before getting tossed out of the Pottersville Martini’s in It’s a Wonderful Life—but I didn’t have oranges or overproof rum. I drank this instead:

Cherry Poppin’ Punch

1 oz White Rum
1 oz Dark Rum
3/4 oz Calvados
1/2 oz Napoleon Brandy
1/2 oz Port
Dash Almond Extract
1/4 oz Simple Syrup
1/2 oz Sour Cherry Syrup
1/2 oz Tart Cherry Juice

1/2 oz Black Cherry Juice

Place all ingredients in a shaker with ice & shake vigorously. Decant into two chilled Nick & Nora glasses. Garnish each with a Luxardo cherry and a sprinkle of cinnamon powder.

OK, no more links, just more drinks! Feel free to google me, if you dare; follow me, if you please. Celebrate, if you can.

Bob’s your uncle!

Blogiversary 15

If there’s one thing you can be sure of, as a writer, it is, after having written, the feeling that what you just wrote pretty much completely sucks. It is the anticipation of that feeling that serves as one of the primary deterrents to starting anything in the first place. I mean, who wants to go through all that effort just to disappoint yourself?

But I woke up today realizing it was my “blogiversary” (for lack of a better word—seriously, is there a better word?), and a big one, at that. Fifteen years ago, after much urging, and more frustration, I joined the madding crowd, and, though I didn’t realize it at the time, began one of my bigger life transitions—from god-knows-what I was, to journalist.

For the last half of these last 15 years, I haven’t done much actual blogging, feeling that, as I have often commented, the web is now lousy with hot takes. But I still defend the blog as a valid journalistic format, and, as much as I want to spend most of my time deep diving into dark waters, I still often miss the low-stakes thrill of an almost daily shout into the void.

Since I last posted at this place (or this place, or this place), I have had gigs at slightly more trafficked websites and magazines, and I have written a thing or two or three or four hundred. (Maybe I’ll post a few links.) And now, taking stock after a year that is pretty much defined by taking stock, I have decided that there is maybe a second thing writers can be sure of: after the certain initial disappointment, there is the Dorothy Parker-ian sense of satisfaction, and the conclusion, five, or 10, or 15 years later that maybe all of that work didn’t suck quite so completely after all.

I won’t toast to the next 15 years (like, crap, 15 years is a long fuckin’ time), but, in the grand tradition of my original blog (“a journal of politics, popular culture, and mixed drinks”), I will toast. And, in the tradition of previous blogiversaries, I will offer a cocktail recipe—this time one I crafted myself for drinking during those agonizing presidential debates. Cheers? Cheers!

The Black Helicopter

1 ½ oz Dark Rum
½ oz Rhum Agricole
1 ½ oz Amaro Nonino
1 ½ oz Aperol
1 oz lime juice

Mix all ingredients in a beaker, stir with ice, and strain into double old fashioned glasses each containing one large-format ice cube. Garnish with a lime twist.

Makes two.

Oh, yes—some of the last seven years… 

7 Years on, Sailors Exposed to Fukushima Radiation Seek Their Day in Court

Pilgrim’s Progress: Inside the American Nuclear-Waste Crisis

Key safety system not installed at site of deadly Amtrak derailment

Older safety technology could have prevented Amtrak tragedy

The Amtrak Tragedy Has Roots in the Swamp

Amtrak crash: state-of-the art safety gear was operational at time of fatal collision

States Are Using Taxpayer Money to Greenwash Dirty Nuclear Power 

Psychologists worked with CIA, Bush administration to justify torture

New ‘bomb train’ rules welcomed with a bang

The Flood Next Time

For nuclear power plants facing aging dams and rising seas, is a captured regulator the last finger in the dike?

Fort Calhoun nuclear plant surrounded by flood waters
Nebraska’s Fort Calhoun nuclear power plant surrounded by flood waters from the Missouri River in June 2011.


At just before 3 local time on the afternoon of March 11, 2011, the operators of the Fukushima Daiichi nuclear power plant already had a problem. An earthquake measuring 9.1 on the moment magnitude scale—the largest to hit Japan since at least 1900—had damaged key systems at the facility, an emergency greatly compounded by the region-wide power outage caused by the massive temblor.

A station blackout (or SBO, as termed by an industry intensely fond of acronyms) at a nuclear power plant is, by design, cause for concern. Light-water reactors—the category that includes the units at Fukushima Daiichi and every one of the 98 still-operating reactors in the United States—function inside a kind of paradox: in order to safely generate a dependable output of electricity, they require a steady input of electricity. A plant’s meters and monitors need electricity; so, too, do many of the motors that raise and lower large, neutron-absorbing boron control rods used to regulate the atomic activity inside a reactor core. And, perhaps most critically, the systems that circulate cool water (crucial for expelling some of the intense heat generated by the fission reaction) through the nuclear reactors, as well as through pools where decades of used but still highly radioactive “spent” fuel is stored, depend on electric-powered pumps.

The SBO at Daiichi triggered a back-up: several diesel-powered emergency generators that would provide enough electricity to run the cooling systems until power could be restored (as long as there were fuel for the generators). But less than an hour later, a wave higher than a four-story building—the tsunami set off by the quake—swept over the seaside site and flooded the nuclear facility, knocking out most of the generators, which had been situated in the basement by General Electric, the plant’s designer.

Without electricity (what is called a “LOOP,” for “loss of onsite power”), the pumps stopped circulating the water, and without that circulation, the temperature inside the reactor cores quickly exceeded boiling. Within three hours, the tops of the zirconium-clad uranium fuel rods were exposed to air, starting a series of chemical reactions hot enough to free hydrogen atoms from their watery bonds. Despite the valiant efforts of hundreds of plant workers, intense heat and pressure built up inside the containment structures. Three reactor cores suffered complete meltdowns, and over the next few days, at least three powerful hydrogen explosions leveled containment buildings and shot plumes of radioactive gas and particulates high into the air, spreading contamination over land and sea. The rest is an ominous and still-evolving history Japan continues to battle nearly eight years on.

Of the currently operating civilian nuclear reactors in the US, scattered across 30 states, about two-thirds sit on the banks of rivers, lakes, or reservoirs. Add in plants on ocean shorelines, and the number of reactors adjacent to large, sometimes unruly bodies of water climbs above 80. But according to a whistleblower at the United States Nuclear Regulatory Commission (NRC)—backed up by information provided by regulators and watchdogs—more than a third of those reactors are either on sites that would no longer meet NRC flood risk guidelines for new reactor construction, or are vulnerable to flooding caused by dam breaks, swelling rivers, rising sea levels, or increasingly severe weather events.

It is that kind of foresight that was once considered the stock and trade of government regulators: examine the science, identify potential problems, and use the power and authority of the government to compel remedies and improve public safety. But in the wake of another Atlantic Hurricane season—where several nuclear plants had to reduce output or (in one case) shut down completely because of the threat of “catastrophic” flooding—it is sobering to note that, while Fukushima has been analyzed and debated by nuclear operators and regulators, the lessons of Japan’s disaster have not sufficiently been taken to heart, nor put into practice. Be it because of debates over cost-benefit assessment or blatant examples of corporate sway, what seems on one level the minutiae of regulatory process are also part and parcel of what growing numbers of Americans see as ineffectual governance by a corrupt—and corrupting—swamp.

* * *

Soon after the start of the Fukushima crisis, the NRC established a panel, known as the Near-Term Task Force (NTTF), to review the disaster in Japan and recommend regulatory changes and plant upgrades to enhance safety at US nuclear facilities. Their findings—often shorthanded as the NTTF report, or the NTTF recommendations—were comprehensive (though not, in some critics’ eyes, comprehensive enough), touching on concerns from seismic reevaluations to emergency response, with lots of technical considerations in between—including dozens of pages on flooding and the LOOP accidents it can cause.

The report came out in July, and by October, the NRC had identified a small selection of the recommendations it considered top tier and requiring implementation “without delay,” as the Commission put it at the time. Central to many of those proposals were the hazards posed by flooding.

But it’s not as if the dangers of flooding were unknown to nuclear regulators (or the industry) before the cascading disaster at Fukushima Daiichi. In fact, at Duke Energy’s Oconee Nuclear Station (ONS) in the northwesternmost corner of South Carolina, regulators and plant owners had been debating the facility’s flood risk and flood preparedness for decades.

“The concern has been around in its current iteration since 2005 or -6, but it has been raised many times in the past,” said Larry Criscione, a reliability and risk analyst at the NRC since 2009. “It was raised in the ‘80s, it was raised in the ‘90s—I think it was raised in the ‘70s as part of [Oconee’s] initial licensing.”

Construction on ONS began in 1967, and its three reactors were all online before the NRC opened its doors in 1975. But documents provided by Criscione show that by 1977, the Commission had identified flood concerns at several plants licensed before the formation of the regulatory body. Oconee is one of them, and an alphabet soup of studies and recommendations—most notably the IPEEE (the Individual Plant Examination of External Events) for Severe Accident Vulnerabilities in 1991—requested its operators assess and plan for what the industry calls “beyond design basis events” (BDBEs), incidents more extreme or powerful than accounted for in a plant’s original design (of which the earthquake and tsunami in Japan later became prime examples).

Oconee is located on the shore of Lake Keowee, an artificial reservoir created by the damming of the Keowee River, and part of a system of dams built in the 1960s and ‘70s that also includes the Jocassee Dam, just 11 miles upstream from Keowee and ONS. What would happen should the Jocassee Dam fail—and just how likely that is to happen—is central to the debate over the flood preparedness at the nuclear plant. And it is central to the life of Larry Criscione.

* * *

That a dam failure would be a BDBE of dire proportions for ONS once seemed beyond debate. “As I understand it, the NRC’s assessment of the consequences of a flooding event at Oconee would be even greater than at Fukushima,” said Tim Judson, executive director of the Nuclear Information and Resource Service, a nuclear industry watchdog. Because Fukushima Daiichi was located on the coast, and prevailing winds blew an estimated 80 percent of the fallout out to sea in the first weeks of the disaster, much of central and southern Japan was spared the high levels of radioactive contamination seen in the prefectures immediately surrounding the failed nuclear plant. Still, more than 150,000 people had to be relocated from a 12-mile radius around Daiichi.

If the Jocassee Dam were to fail, the resulting flood would inundate Oconee with 12 to 17 feet of water in about five hours, according to Duke Energy’s own assessment, filed in the 1990s in response to the IPEEE, and referenced by Criscione in his report to the NRC. A station blackout would follow, and because Oconee’s backup plan involves hydroelectric power generated by the dams on Lake Keowee, and a break of the Jocassee Dam is projected to cause Keowee Dam failure, ONS would suffer a complete LOOP. With no electricity to run the cooling systems, all three reactor cores would melt down in eight to ten hours, and (and again, this is from Duke Energy’s report) the containment buildings would fail within three days. Radioactive contamination would head down river with the flood waters, and an airborne plume would engulf the university town of Clemson, 10 miles to the southeast, and then lay a blanket of fallout 300 miles eastward to the sea.

But at the time—a pre-Fukushima time—Duke argued that this nightmare scenario was so improbable as to not merit the kind of elaborate and expensive safety upgrades required to prevent it.

As Criscione explains it, the NRC evaluates Beyond Design Basis Events by two scales: one is the relative chance that a given event will occur; the other is the resulting danger once it does. For instance, the risk analyst told me, if a meteorite were to crash into a nuclear power facility, the results could be catastrophic, but the chances of a meteor strike are calculated to be so vanishingly small that plant operators are not required to guard against it.

“The term they use in nuclear is ‘credible,’” said Criscione, “you have to protect against credible threats.”

But try to find a place in the regulations where “credible” is defined. “You’ll never be able to,” Criscione told me. Instead, there is an unspoken range: In “the day-to-day business of the NRC, when things are less than one in a million [in any given year], you can make an argument they’re not credible; when they’re more than one in 10,000, they’re certainly credible.”

“When they’re in between,” Criscione continued, “that’s where the debates start to happen.”

“In a case like Fukushima, you see where that falls apart,” cautioned NIRS’s Judson. “The NRC would have very likely determined what happened at Fukushima was outside credibility range—less than one in a million—so therefore they wouldn’t have done anything about it.”

“Despite that,” Judson observed, “it happened, and the consequences are so great it outweighs the entire alleged benefit of the Japanese nuclear power program.” (After the quake and tsunami, one NRC commissioner reevaluated the risks at Fukushima, and determined they had been one in 1,000 in any given year. Or, to put it another way, TEPCO, the operators of Fukushima Daiichi, were lucky for 40 years, until the year they weren’t.)

In the case of Oconee, with the consequences of a Jocassee Dam failure originally agreed to be grim, Duke Energy debated the probability, placing it outside the “credible” one-in-10,000 chance. But by 2010, as Criscione’s NRC-sponsored analysis showed, it was Duke’s assessment that lacked credibility. Taking into account a broader data-set (paleological as opposed to solely the far-more-limited historical record) and the reassessment of critical infrastructure conducted by various US agencies (notably FERC, the Federal Energy Regulatory Commission) in the years after the September 11, 2001 attacks, regulators placed the odds of dam break causing a BDBE at ONS at one in 3,600—about the chance of drawing a straight in poker, as Criscione put it—or if projected over the remaining time on the plant’s license, there’s better than a one-in-200 chance of such an accident before ONS permanently shuts down. That’s not a certainty in any given year, said Criscione, but it is well above the NRC’s unspoken credibility threshold of one in 10,000.

And the NRC and Duke Energy were in the process of negotiating what should be done to address this now-understood-to-be-credible threat when, as Criscione, Judson, and other nuclear watchdogs see it, Fukushima changed everything.

* * *

When the NRC moved to adopt some of the NTTF recommendations (and only a subset of a subset of the report was ever considered by the Commission as formal rules), oversight of implementation was given to the JLD—the Japan Lessons-Learned Directorate (later expanded and renamed, replacing “Directorate” with “Division”)—a group that was supposed to hive off Fukushima-related concerns to allow “the rest of the NRC keep its focus on other important issues faced by the agency,” as JLD’s own web page put it. But almost inherent in that language is a segregation that puts anything dubbed a post-Fukushima upgrade into a new class of oversight—one that, to those on the inside like Criscione, did not meet the urgency of the risks at hand, nor the fanfare of the Commission’s own pronouncements.

As Criscione told me, Duke Energy “came to the NRC” soon after the start of the Fukushima crisis and argued that if there were going to be new rules derived from that disaster, Duke didn’t want to invest in upgrades at Oconee only to find they fell short of post-Fukushima recommendations.

On its face, said Criscione, “that was a reasonable request.” However, what it did in practice was move the Oconee case from staff who had been trying to address it for five years, who had a knowledge of the issues and the history of the debate, to personnel who were, according to Criscione, not only starting from scratch, but were led by “an industry apologist.”

“You’ve got to understand how the JLD operated,” Criscione explained, “the NRC really likes to see the industry fix its own problems.” It’s the nuclear industry that builds the power plants—the Commission just licenses them. The industry designs the plants, and the NRC reviews those designs. “We don’t tell them how to fix problems,” said Criscione, “we review their fixes to their problems to see if they’re accurate.”

When it came to post-Fukushima fixes, Criscione said, “we didn’t approach it with the attitude of ‘We’re the government, we’re going to decide what changes you need to make your plants safe.’ We approached it with the attitude of ‘You’re the plant owners, you prove to us that your plants are safe.’”

The lobbying arm of the industry, the Nuclear Energy Institute (NEI), came to the NRC with standards it had written to address post-Fukushima concerns like flooding and loss of onsite power events. “And,” as Criscione described it, given the general framework of how the NRC operates, “there’s nothing wrong with that.”

“The problem is that the person who was in charge at the JLD,” the one responsible for evaluating standards, the one who had the power to overrule the rest of the staff, as Criscione told me, “was actively seeking a job as a vice president at NEI.”

Criscione was not exaggerating. The NRC executive in question, Jack R. Davis, bragged on his LinkedIn page at the time (saved for posterity at the Environmental Archive) that his work at what was supposed to be the public’s nuclear regulator had “saved the commercial energy generation industry $1.6 billion,” and “achieved 80 percent reduction in the number of customers needing to complete mandated federal safety improvements.” Those Davis saw as his “customers” were in the energy industry, not the American people who were then paying his salary.

Davis didn’t get his job at NEI, but by 2016, he had landed an executive post at Entergy, one of the nation’s largest owners of nuclear power plants, and the company with the ignominious distinction of operating what the NRC has determined are the country’s three worst-rated nuclear facilities in terms of safety.

With respect to Oconee, the transfer of flood issues to the JLD resulted in a projected 17-foot flood being reevaluated down to a five-foot threat, which is coincidentally the height of a flood barrier built outside the plant in the 1980s. It was a coincidence that did not sit well with Criscione, who was charged with evaluating flood safety. In 2012, he forwarded his concerns to the chair of the NRC and to select members of Congress—information that eventually made its way to the environmental group Greenpeace and into a story in the Huffington Post.

The coverage caught the attention of the NRC’s inspector general, who, rather than act on Criscione’s allegations of lax oversite, opened an investigation into his sharing of official documents.

Criscione said he doesn’t believe he is currently under investigation by the Office of the Inspector General (NRC OIG), but he has also not seen a final report on his case, which he’s told is still under review.

* * *

Better than one in every four nuclear plants is at risk of a flooding event, according to Criscione, an event that could lead to a Fukushima-style disaster. With more than 20 reactors along the eastern seaboard vulnerable to hurricanes, flying debris, heavy rains, and massive storm surges, and dozens of others inland near swelling rivers and aging dams—all with a half-century of spent fuel rods stored nearby—the implications for the hundreds of millions of US residents that live near these reactors is at least unsettling. With climate change increasing the frequency and severity of flood-provoking events, the status quo should be unacceptable.

The NRC will tell you it has it all in hand. “Every US reactor site has completed its flooding hazard reanalysis,” Scott Burnell, the NRC’s public affairs officer, told me in an email.

Central to the post-Fukushima seismic- and flood-hazard analysis was something called a “walkdown.” The NRC “asked” US nuclear power plants “to perform a detailed inspection” of “their currently installed seismic and flooding protection features [and] ensure the features met current requirements.” Plant operators were also told to “identify, correct, and report any degraded conditions.” According to the NRC’s website, this phase was completed across the entire US nuclear fleet by November 2012.

But in March 2013, at Arkansas Nuclear One (ANO), a two-reactor facility 80 miles northeast of Little Rock, the accidental dropping of a 550-ton generator component in the truck bay caused enough shaking to rupture a water pipe. Water flooded the plant’s electrical switchgear, interrupting all power to one reactor, and partially disabling the second. Emergency diesel generators kicked in to ward off a bigger disaster, but the accident, which killed one plant worker and injured eight others, revealed that dozens of penetration points had missing or improperly installed seals.

Dave Lochbaum, the director of the Nuclear Safety Project at the Union of Concerned Scientists, contacted the NRC to express his grave concern about the quality of their plant walkdown program. According to Lochbaum, the NRC assured him that ANO was “the only plant in the country with an ineffective flood protection walkdown.”

But in January 2014, rains hit Florida’s Atlantic coast (“Not a monsoon or a once-in-a-blue-moon rain, but a thunderstorm,” Lochbaum said). At the St. Lucie Nuclear Power Plant, 70 miles north of Palm Beach, faulty storm drains caused a 55,000-gallon flood in an auxiliary building. Water penetrated improperly sealed electrical pass-throughs, disabling pumps needed for cooling one of the facility’s two reactors. “The penetration was about five feet off the floor—at eye level during a walkdown, had anybody only been looking,” wrote Lochbaum in an email.

“So, AFTER owners conducted NRC-mandated flood protection walkdowns, and AFTER the owners formally notified the NRC that flood-protection measures were adequate, those assurances were proven false by actual flooding,” Lochbaum wrote. “Apparently,” Lochbaum’s email surmised, “the walkdowns had been more for exercise than for verification of safety.”

The NRC’s industry-friendly approach also troubles Judson. The NIRS director detailed the case of New York’s Nine Mile Point—on the banks of Lake Ontario, 40 miles north of Syracuse—a site that is home to three nuclear reactors, including the oldest still-operating commercial reactor in the US (Nine Mile Point 1, which was commissioned in December 1969). Just last year, a swelling Lake Ontario came within a foot of triggering an “unusual event” (the NRC’s first level of emergency notification). Exelon, the facility’s owner, sprung to action—and applied to the NRC to change the standards so it wouldn’t have to declare an emergency unless the site was so flooded that workers couldn’t access the site by car.

That change was quickly approved by the NRC—an alarming lack of oversite, according to Judson, given the potential for widespread environmental disaster. “Lake Ontario is the drinking-water source for 9 million people,” he said.

* * *

In addition to the examples above, there are a number of sites that worry the experts—among them: Quad Cities Nuclear Generating Station, in Northern Illinois, on the banks of the Mississippi River, Dresden Generating Station, 60 miles southwest of Chicago, at the head of the Illinois River, and Pilgrim Nuclear Power Station in Plymouth, Massachusetts, on the shores of Cape Cod Bay, less than 40 miles south of Boston. What these sites have in common, beyond their remarkable age (online 46 years, the reactors at Quad Cities are the youngest of this group), is their acute vulnerability to the perils of a warming planet.

Riverine flooding, more frequent and more severe this century and unrelated to any dam failures, leave Quad Cities and Dresden in a precarious place almost annually. (Precipitation in this region is expected to increase 37 percent by 2070, according to a NOAA—National Oceanic and Atmospheric Administration—study.) For Pilgrim, a facility that has seen numerous weather-related shutdowns in recent years, a category 5 hurricane could elevate sea level by 22.4 feet, according to plant-owner Entergy—giving the hundreds of tons of irradiated fuel stored outside in concrete and steel “dry casks” about two-and-a-half feet of clearance. But when conservative estimates project a general sea-level rise in the Bay of three feet by 2065, and possibly six feet by the end of the century, the site has less than no margin for error.

Even a partial submersion of a dry cask could block vents, interrupting its convection-dependent cooling mechanism, according to Kevin Kamps, radioactive waste specialist at clean-energy advocacy group Beyond Nuclear. Depending how long this went on, the integrity of the fuel and the steel liner could be affected.

But of course, as perilous as it is for the casks, lined up on a concrete pad less than a football field’s length from the shore, the plight of Pilgrim’s spent fuel pool, filled to over three times its design capacity, worries watchdogs more. Like with all the other reactors, a prolonged interruption of power means a “loss of cooling accident” (LOCA—yes, this has an acronym, too), with limited time before the tightly packed fuel assemblies boiled off their pool and caught fire, potentially covering northern New England with many times the amount of radioactive cesium-137 released by the Chernobyl disaster.

Pilgrim is scheduled to go offline for good this spring, but the spent fuel is expected to remain on site for decades. This was troubling enough to Senator Edward Markey that he contacted the NRC last April asking how the Commission will factor in global warming. “It is imperative,” the Massachusetts Democrat wrote, “that these plants and the NRC regulations fully consider the impacts of climate change on dangerous nuclear waste.”

* * *

As far as the NRC is concerned, it has. “Every US reactor site performs relevant analyses based on location-specific parameters,” wrote the NRC’s Burnell in response to my question about the regulator’s assessment of climate-based changes in risk. In practice that means that predictions for things like precipitation and sea level rise are factored back into the NRC’s models for assessing credible risk. Well. . . sort of.

“My sense is there’s really no uniform methodology,” said Criscione. As to NRC requirements for what needs to be in an assessment, say, for flood risk, Criscione told me, “it’s more of a style guide.”

This wasn’t always the case. “The NRC used to have more deterministic standards,” said Judson, “and there’s a debate to be had about whether that regulatory process was better at safety outcomes than the one they’ve adopted since.” Before about 20 years ago, the process, according to Judson, was more open to the public. “There was a time when the public was able to raise safety allegations with the NRC,” he said, noting instances at several reactors in New England. “The NRC was forced by public acrimony, and in some cases by Congress to step in and regulate.”

Today, under what is called “probabilistic risk assessment,” nuclear plants are expected to meet performance metrics, and that is then weighted with “risk-informed regulation”—the system that evaluates whether a threat is credible enough to merit safety upgrades.

The shift wasn’t just academic. Under deterministic assessment, reactors in Connecticut, Illinois, Maine, and Oregon were taken permanently offline or forced to make significant improvements. But that era, Judson told me, “is largely gone.”

“There were no reactor closures in the US between 1998 and 2013,” he said.

And since 2013, with the shuttering of facilities in Wisconsin, Vermont, California, and New Jersey, as well as Nebraska’s once flood-ravaged Fort Calhoun—and with more expected to close in the next couple of years—could that be evidence of Fukushima-inspired regulatory vigor? Only tangentially. The past decade has also seen a major shift in the energy market. With the fracking boom creating a surplus of natural gas, and the cost of wind and solar generation continuing to fall, nuclear power, which was never able to come anywhere close to its atomic-age promise of being “too cheap to meter,” grew increasingly uncompetitive.

What would have been an affordable safety upgrade 10 years ago is now financially untenable. “Regulations that would have been something minor in the 2008 timeframe, would certainly shut down a plant today in some markets,” Criscione told me, adding, “I think the agency has recognized that, and I think they’ve kind of caved in to some of the economic pressure that the utilities are seeing.”

“Ultimately, it almost always comes down to money,” agreed Judson. “If it passes the ‘credible’ threshold level, the NRC will determine the possible impact of the event and weigh that against what the cost of remedying it or preventing it would be—and they make a determination from that point about whether the cost is justified.”

The NRC, for its part, rejects the views of the whistleblower and the watchdog. “Plant costs were not taken into consideration” on “post-Fukushima Orders,” wrote Burnell, and “none of the plants that have recently either permanently shut down, or have announced plans to do so, asked for financial-based relief from post-Fukushima requirements.”

Except that they have. Pretty explicitly. And it was granted. Pretty explicitly.

Almost exactly a year before Burnell sent me his statement, the NRC granted a request by Entergy to waive post-Fukushima requirements for their Pilgrim nuclear plant, including improvements to vents that could potentially relieve reactor core pressure in the case of a loss-of-power/loss-of-cooling event, new seismic regulations, and, of special note here, new flooding regulations. All this for a plant identical in design to the failed reactors at Fukushima, a plant that is one of the three-worst rated in the US, and a plant that was revealed in a leaked 2016 internal inspection memo to have a staff that is “overwhelmed by just trying to run the station.”

The NRC will counter that Pilgrim’s “operational lifespan”—Entergy has announced plans to shut it down by June—is too short to complete the upgrades. But the Commission granted Pilgrim a 20-year license extension in 2012, meaning regulators and plant operators had thought plant operations could continue through 2032. The reason the plant is shuttering early is because Entergy felt it was not financially viable to maintain it.

Strangely, though, at the same time Entergy was told it would not have to invest in post-Fukushima safety improvements, Pilgrim was starting an expensive refueling cycle, which can require hundreds of extra plant workers and take the plant off line for a month. If regulators had declined to grant the waiver, if Pilgrim had been required to begin plant upgrades to stay open, would Entergy have spent on a refueling that gives their reactor an extra two years of generating power?

Mary Lampert, a longtime environmental activist and the director of Pilgrim Watch, told the Boston Globe in 2017 that the NRC was making an industry-friendly gamble. “Sadly, it’s financial safety rather than public safety,” she said.

* * *

It’s a ratio that bears all the hallmarks of what is called “regulatory capture”—a government agency so close to the commercial sector it regulates that it considers the industry’s interests over the public’s. But with the NRC, it goes a step further.

“Unlike many other federal agencies, the NRC’s continuation is dependent on the perpetuation of its industry,” said Judson. “If nuclear power goes out of business, and reactors shut down, the NRC’s mission starts to drain away.”

(Of course, if the NRC took an interest in nuclear plant decommissioning, they’d have at least another fifty years of work to do. But that is clearly not their inclination.

“The NRC staff concluded that there is no need for regulatory action at decommissioning reactors in light of lessons learned from the Fukushima accident,” wrote Burnell.

Judson put it more starkly: “There is no oversite” at a non-generating plant. “During decommissioning, there are basically no inspections by NRC.”

“Something really bad would have to happen for NRC to send inspectors to a decommission,” he said.)

Perhaps nothing demonstrates the regulator’s deference to the industry in the post-Fukushima era quite like something called FLEX (which is amazingly, despite it always being spelled with all caps, not an acronym). “FLEX,” as the NRC’s Burnell explained to me in an email, “is the industry term for its approach to complying with the NRC’s Mitigation Strategies Order of March 2012 … which the NRC has reviewed and found acceptable.”

But another way to look at FLEX is the way watchdog Judson does: “The thing that the NRC has allowed that the industry is taking credit for, but that aren’t actually real requirements.”

FLEX, as loosely explained in an illustrated web page from the NRC, allows nuclear plant operators to meet LOOP events with three phases of emergency equipment. The first involves the batteries and diesel-powered generators that are part of the backup systems at most US plants—the systems that failed so dramatically at Fukushima Daiichi (as discussed, Oconee does not use diesel generators, relying instead on hydroelectric power from nearby Keowee Dam). The second is portable equipment stored on-site at a nuclear plant that is supposed to take over when the phase one, design-basis backups fail or are exhausted. The third phase of FLEX, according to the NRC-sanctioned industry plan, is backup equipment stored off site, at two industry-maintained “response centers” in Memphis, Tennessee, and Phoenix, Arizona, which can be moved to a faltering reactor “within 24 hours.”

“It’s the sort of thing where OK, sure, it might be value added,” Judson said, “but it’s not part of the design basis of the reactor, and not part of what the NRC can easily regulate.” In fact, while Burnell told me the NRC has inspected the response centers, that is not the same thing as it having to meet an agency rule.

“It’s not a requirement,” Judson observed, “it’s something that [the industry’s] doing voluntarily outside of the regulations.”

And the moving of that equipment to a troubled site also exists outside the regulatory process. “The industry has established standing contracts to airlift phase three cargo to airports close to reactors, and additional contracts (including helicopters) to bring the phase three cargo to a site,” said the NRC’s Burnell, again relying on industry assurances. (And when asked for clarification, Burnell told me that the cargo aircraft were all private contractors, while the helicopters could be private or military, depending on the nuclear facility.)

When I questioned the 24-hour allowance (given that the Fukushima example and the industry’s own projections at Oconee show core damage starting in as few as eight hours after a loss of power), Burnell wrote, “Each plant has determined how long they have to get phase three resupply to the site.” Asked about the possibility of a large-scale, fast-moving weather event affecting multiple nuclear facilities (as was the case with 2012’s Hurricane Sandy), Burnell seemed even more certain: “Cargo aircraft flights from Memphis to East Coast sites will certainly get phase three to the sites in a timely manner, and plant response procedures account for the additional flight time from Phoenix if necessary.”

If only the weather—or a disaster-battered infrastructure, or an overstretched private contractor—could be as sanguine. “It’s very easy to imagine situations where bringing in equipment from off site is just not going to be feasible,” Judson said.

Criscione referenced his analysis of Oconee in the event of a breach of Jocassee Dam, where all four bridges used to access the plant are expected to fail. Looking at Duke Energy’s promise to bring in emergency backup equipment from off site, he said, “I don’t think it’s realistic. There’s a path to success, but I think the odds are slim.”

* * *

But Criscione’s analysis doesn’t, by his account, carry as much weight inside his agency since he blew the whistle on flood preparedness to the NRC commissioners and Congress. “I’m less effective than when I brought the issues forward,” he said. “I’m certainly not invited to the same meetings that I was in the past.”

And Criscione thinks the problem is agency-wide. “People who draw a harder line on the industry have been less involved,” he said, tracing the change to about 2012, when battles over post-Fukushima regulations precipitated a change in the NRC’s chair, and the Japan Lessons-Learned Division took over a lot of the oversite of emergency preparedness and mitigation.

Today, even the JLD has disappeared, absorbed into another spoonful of alphabet soup, the NRR (the Office of Nuclear Reactor Regulation). “Post-Fukushima activities,” Burnell told me, “have been formalized to the point where the agency’s routine reactor oversite is appropriately tracking compliance.”

But to hear critics tell it, appropriateness is in the eye of the beholder. Seven years after the earthquake and tsunami that turned “Fukushima” into disaster shorthand, “things have been done,” said Judson, “I’m not sure I’d say that they’re adequate.”

“A lot of the things that they came up with after evaluating what happened at Fukushima were things that they should have done years before anyway,” he continued. “Now we’ve got emerging threats that the NRC hasn’t dealt with, and that, in all likelihood, it won’t deal with until something bad happens.”

Lochbaum put it this way in an email: “US nuclear power plants are adequately protected against flooding—unless a flood happens.” In a “worst-case failure of the Jocassee Dam, one would not want to be close to Oconee,” he said. “All three reactors are likely to follow Fukushima’s path and reach its destination.”

For Criscione, the clarion call is coming from the inside the house. “I don’t feel good about Oconee, he told me. “From what I see, we’ve been compromised when it comes to flooding.”

(No version of this story may be reprinted without the express written permission of Gregg Levine.)

The Brief Wondrous Life (and Long Dangerous Half-Life) of Strontium-90

Tooth to Science button2At roughly 5:30 in the morning on July 16, 1945, an implosion-design plutonium device, codenamed “the gadget,” exploded over the Jornada del Muerto desert in south-central New Mexico with a force equivalent to about 20,000 tons of TNT. It was the world’s first test of an atomic bomb, and as witnesses at base camp some ten miles away would soon relay to US President Harry Truman, the results were “satisfactory” and exceeded expectations. Within weeks, the United States would use a uranium bomb of a different design on the Japanese city of Hiroshima, and three days after that, a plutonium device similar to the gadget was dropped on Nagasaki, about 200 miles to the southwest.

Though Hiroshima and Nagasaki are the only instances where atomic weapons were used against a wartime enemy, between 1945 and 1963, the world experienced hundreds upon hundreds of nuclear weapons tests, the great majority of which were above ground or in the sea–in other words, in the atmosphere. The US tested atom and hydrogen bombs in Nevada, at the Nevada Test Site, and in the Pacific Ocean, on and around the Marshall Islands, in an area known as the Pacific Proving Grounds. After the Soviet Union developed its own atomic weapon in 1949, it carried out hundreds of similar explosions, primarily in Kazakhstan, and the UK performed more than 20 of its own atmospheric nuclear tests, mostly in Australia and the South Pacific, between 1952 and 1958.

Though military authorities and officials with the US Atomic Energy Commission initially downplayed the dispersal and dangers of fallout from these atmospheric tests, by the early 1950s, scientists in nuclear and non-nuclear countries alike began to raise concerns. Fallout from atmospheric tests was not contained simply to the blast radius or a region near the explosion, instead the products of fission and un-fissioned nuclear residue were essentially vaporized by the heat and carried up into the stratosphere, sweeping across the globe, and eventually returning to earth in precipitation. A host of radioactive isotopes contaminated land and surface water, entering the food chain through farms and dairies.

The tale of the teeth

In order to demonstrate that fallout was widespread and had worked its way into the population, a group of researchers, headed by Dr. Barry Commoner and Drs. Louise and Eric Reiss, founded the Baby Tooth Survey under the auspices of Washington University (where Commoner then taught) and the St. Louis Citizens’ Committee for Nuclear Information. The tooth survey sought to track strontium-90 (Sr-90), a radioactive isotope of the alkaline earth metal strontium, which occurs as a result–and only as a result–of nuclear fission. Sr-90 is structurally similar to calcium, and so, once in the body, works its way into bones and teeth.

While harvesting human bones was impractical, researchers realized that baby teeth should be readily available. Most strontium in baby teeth would transfer from mother to fetus during pregnancy, and so birth records would provide accurate data about where and when those teeth were formed. The tooth survey collected baby teeth, initially from the St. Louis area, eventually from around the globe, and analyzed them for strontium.

By the early ’60s, the program had collected well over a quarter-million teeth, and ultimately found that children in St. Louis in 1963 had 50 times more Sr-90 in them than children born in 1950. Armed with preliminary results from this survey and a petition signed by thousands of scientists worldwide, Dr. Commoner successfully lobbied President John F. Kennedy to negotiate and sign the Partial Test Ban Treaty, halting atmospheric nuclear tests by the US, UK and USSR. By the end of the decade, strontium-90 levels in newly collected baby teeth were substantially lower than the ’63 samples.

The initial survey, which ended in 1970, continues to have relevance today. Some 85,000 teeth not used in the original project were turned over to researchers at the Radiation and Public Health Project (RPHP) in 2001. The RPHP study, released in 2010, found that donors from the Baby Tooth Survey who had died of cancer before age 50 averaged over twice the Sr-90 in their samples compared with those who had lived past their 50th birthday.

But the perils of strontium-90–or, indeed, a host of radioactive isotopes that are strontium’s travel companions–did not cease with the ban on atmospheric nuclear tests. Many of the hazards of fallout could also be associated with the radiological pollution that is part-and-parcel of nuclear power generation. The controlled fission in a nuclear reactor produces all of the elements created in the uncontrolled fission of a nuclear explosion. This point was brought home by the RPHP work, when it found strontium-90 was 30- to 50-percent higher in baby teeth collected from children born in “nuclear counties,” (PDF) the roughly 40 percent of US counties situated within 100 miles of a nuclear power plant or weapons lab.

Similar baby teeth research has been conducted over the last 30 years in Denmark, Japan and Germany, with measurably similar results. While Sr-90 levels continued to decrease in babies born through the mid 1970s, as the use of nuclear power starts to spread worldwide, that trend flattens. Of particular note, a study conducted by the German section of the International Physicians for the Prevention of Nuclear War (winner of the 1985 Nobel Peace Prize) found ten-times more strontium-90 in the teeth of children born after the 1986 Chernobyl nuclear disaster when compared with samples from 1983.

While radioactive strontium itself can be linked to several diseases, including leukemia and bone cancers, Sr-90, as mentioned above, is but one of the most measurable of many dangerous isotopes released into the environment by the normal, everyday operation of nuclear reactors, even without the catastrophic discharges that come with accidents and meltdowns. Tritium, along with radioactive variants of iodine, cesium and xenon (to name just a few) can often be detected in elevated levels in areas around nuclear facilities.

Epidemiological studies have shown higher risks of breast and prostate cancers for those living in US nuclear counties. But while the Environmental Protection Agency collects sporadic data on the presence of radioactive isotopes such as Sr-90, the exact locations of the sampling sites are not part of the data made available to the general public. Further, while “unusual” venting of radioactive vapor or the dumping of contaminated water from a nuclear plant has to be reported to the Nuclear Regulatory Commission (and even then, it is the event that is reported, not the exact composition of the discharge), the radio-isotopes that are introduced into the environment by the typical operation of a reactor meet with far less scrutiny. In the absence of better EPA data and more stringent NRC oversight, studies like the Baby Tooth Survey and its contemporary brethren are central to the public understanding of the dangers posed by the nuclear power industry.

June and Sr-90: busting out all over

As if to underscore the point, strontium-90 served as the marker for troubling developments on both sides of the Pacific just this June.

In Japan, TEPCO–still the official operator of Fukushima Daiichi–revealed it had found Sr-90 in groundwater surrounding the crippled nuclear plant at “very high” levels. Between December 2012 and May 2013, levels of strontium-90 increased over 100-fold, to 1,000 becquerels per liter–33 times the Japanese limit for the radioactive isotope.

The samples were taken less than 100 feet from the coast. From that point, reports say, the water usually flows out to the Pacific Ocean.

Beyond the concerns raised by the affects of the strontium-90 (and the dangerously high amounts of tritium detected along with it) when the radioactive contamination enters the food chain, the rising levels of Sr-90 likely indicate other serious problems at Fukushima. Most obviously, there is now little doubt that TEPCO has failed to contain contaminated water leaking from the damaged reactor buildings–contrary to the narrative preferred by company officials.

But skyrocketing levels of strontium-90 could also suggest that the isotope is still being produced–that nuclear fission is still occurring in one or more of the damaged reactor cores. Or even, perhaps, outside the reactors, as the corium (the term for the molten, lava-like nuclear fuel after a meltdown) in as many as three units is believed to have melted through the steel reactor containment and possibly eroded the concrete floor, as well.

An ocean away, in Washington state, radiological waste, some of which dates back to the manufacture of those first atom bombs, sits in aging storage tanks at the Hanford Nuclear Reservation–and some of those tanks are leaking.

In truth, tanks at Hanford, considered by many the United States’ most contaminated nuclear site, have been leaking for some time. But the high-level radioactive waste in some of the old, single-wall tanks had been transferred to newer, double-walled storage, which was supposed to provide better containment. On June 20, however, the US Department of Energy reported that workers at Hanford detected radioactive contamination–specifically Sr-90–outside one of the double-walled tanks, possibly suggesting a breach. The predominant radionuclides in the 850,000-gallon tank are reported to be strontium-90 and cesium-137.

The tank, along with hundreds of others, sits about five miles from the Columbia River, water source for much of the region. Once contamination leaks from the tanks, it mixes with ground water, and, in time, should make its way to the river. “I view this as a crisis,” said Tom Carpenter, executive director of the watchdog group Hanford Challenge, “These tanks are not supposed to fail for 50 years.”

Destroyer of worlds

In a 1965 interview, J. Robert Oppenheimer, the Manhattan Project’s science director who was in charge of the Los Alamos facility that developed the first atomic bombs, looked back twenty years to that July New Mexico morning:

We knew the world would not be the same. A few people laughed, a few people cried. Most people were silent. I remembered the line from the Hindu scripture, the Bhagavad-Gita; Vishnu is trying to persuade the Prince that he should do his duty and, to impress him, takes on his multi-armed form and says, “Now I am become Death, the destroyer of worlds.” I suppose we all thought that, one way or another.

“We knew the world would not be the same.” Oppenheimer was most likely speaking figuratively, but, as it turns out, he also reported a literal truth. Before July 16, 1945, there was no strontium-90 or cesium-137 in the atmosphere–it simply did not exist in nature. But ever since that first atomic explosion, these anthropogenic radioactive isotopes have been part of earth’s every turn.

Strontium-90–like cesium-137 and a catalog of other hazardous byproducts of nuclear fission–takes a long time to decay. The detritus of past detonations and other nuclear disasters will be quite literally with us–in our water and soil, in our tissue and bone–for generations. These radioactive isotopes have already been linked to significant suffering, disease and death. Their danger was acknowledged by the United States when JFK signed the 1963 Test Ban Treaty. Now would be a good time to acknowledge the perspicacity of that president, phase out today’s largest contributors of atmospheric Sr-90, nuclear reactors, and let the sun set on this toxic metal’s life.

 

A version of this story previously appeared on Truthout; no version may be reprinted without permission.

Two Years On, Fukushima Raises Many Questions, Provides One Clear Answer

Fukushima's threats to health and the environment continue. (graphic: Surian Soosay via flickr)

Fukushima’s threats to health and the environment continue. (graphic: Surian Soosay via flickr)

You can’t say you have all the answers if you haven’t asked all the questions. So, at a conference on the medical and ecological consequences of the Fukushima nuclear disaster, held to commemorate the second anniversary of the earthquake and tsunami that struck northern Japan, there were lots of questions. Questions about what actually happened at Fukushima Daiichi in the first days after the quake, and how that differed from the official report; questions about what radionuclides were in the fallout and runoff, at what concentrations, and how far they have spread; and questions about what near- and long-term effects this disaster will have on people and the planet, and how we will measure and recognize those effects.

A distinguished list of epidemiologists, oncologists, nuclear engineers, former government officials, Fukushima survivors, anti-nuclear activists and public health advocates gathered at the invitation of The Helen Caldicott Foundation and Physicians for Social Responsibility to, if not answer all these question, at least make sure they got asked. Over two long days, it was clear there is much still to be learned, but it was equally clear that we already know that the downsides of nuclear power are real, and what’s more, the risks are unnecessary. Relying on this dirty, dangerous and expensive technology is not mandatory–it’s a choice. And when cleaner, safer, and more affordable options are available, the one answer we already have is that nuclear is a choice we should stop making and a risk we should stop taking.

“No one died from the accident at Fukushima.” This refrain, as familiar as multiplication tables and sounding about as rote when recited by acolytes of atomic power, is a close mirror to versions used to downplay earlier nuclear disasters, like Chernobyl and Three Mile Island (as well as many less infamous events), and is somehow meant to be the discussion-ender, the very bottom-line of the bottom-line analysis that is used to grade global energy options. “No one died” equals “safe” or, at least, “safer.” Q.E.D.

But beyond the intentional blurring of the differences between an “accident” and the probable results of technical constraints and willful negligence, the argument (if this saw can be called such) cynically exploits the space between solid science and the simple sound bite.

“Do not confuse narrowly constructed research hypotheses with discussions of policy,” warned Steve Wing, Associate Professor of Epidemiology at the University of North Carolina’s Gillings School of Public Health. Good research is an exploration of good data, but, Wing contrasted, “Energy generation is a public decision made by politicians.”

Surprisingly unsurprising

A public decision, but not necessarily one made in the public interest. Energy policy could be informed by health and environmental studies, such as the ones discussed at the Fukushima symposium, but it is more likely the research is spun or ignored once policy is actually drafted by the politicians who, as Wing noted, often sport ties to the nuclear industry.

The link between politicians and the nuclear industry they are supposed to regulate came into clear focus in the wake of the March 11, 2011 Tohoku earthquake and tsunami–in Japan and the United States.

The boiling water reactors (BWRs) that failed so catastrophically at Fukushima Daiichi were designed and sold by General Electric in the 1960s; the general contractor on the project was Ebasco, a US engineering company that, back then, was still tied to GE. General Electric had bet heavily on nuclear and worked hand-in-hand with the US Atomic Energy Commission (AEC–the precursor to the NRC, the Nuclear Regulatory Commission) to promote civilian nuclear plants at home and abroad. According to nuclear engineer Arnie Gundersen, GE told US regulators in 1965 that without quick approval of multiple BWR projects, the giant energy conglomerate would go out of business.

It was under the guidance of GE and Ebasco that the rocky bluffs where Daiichi would be built were actually trimmed by 10 meters to bring the power plant closer to the sea, the water source for the reactors’ cooling systems–but it was under Japanese government supervision that serious and repeated warnings about the environmental and technological threats to Fukushima were ignored for another generation.

Failures at Daiichi were completely predictable, observed David Lochbaum, the director of the Nuclear Safety Project at the Union of Concerned Scientists, and numerous upgrades were recommended over the years by scientists and engineers. “The only surprising thing about Fukushima,” said Lochbaum, “is that no steps were taken.”

The surprise, it seems, should cross the Pacific. Twenty-two US plants mirror the design of Fukushima Daiichi, and many stand where they could be subject to earthquakes or tsunamis. Even without those seismic events, some US plants are still at risk of Fukushima-like catastrophic flooding. Prior to the start of the current Japanese crisis, the Nuclear Regulatory Commission learned that the Oconee Nuclear Plant in Seneca, South Carolina, was at risk of a major flood from a dam failure upstream. In the event of a dam breach–an event the NRC deems more likely than the odds that were given for the 2011 tsunami–the flood at Oconee would trigger failures at all four reactors. Beyond hiding its own report, the NRC has taken no action–not before Fukushima, not since.

The missing link

But it was the health consequences of nuclear power–both from high-profile disasters, as well as what is considered normal operation–that dominated the two days of presentations at the New York Academy of Medicine. Here, too, researchers and scientists attempted to pose questions that governments, the nuclear industry and its captured regulators prefer to ignore, or, perhaps more to the point, omit.

Dr. Hisako Sakiyama, a member of the Fukushima Nuclear Accident Independent Investigation Commission, has been studying the effects of low-dose radiation. Like others at the symposium, Dr. Sakiyama documented the linear, no-threshold risk model drawn from data across many nuclear incidents. In essence, there is no point at which it can be said, “Below this amount of radiation exposure, there is no risk.” And the greater the exposure, the greater the risk of health problems, be they cancers or non-cancer diseases.

Dr. Sakiyama contrasted this with the radiation exposure limits set by governments. Japan famously increased what it called acceptable exposure quite soon after the start of the Fukushima crisis, and, as global background radiation levels increase as a result of the disaster, it is feared this will ratchet up what is considered “safe” in the United States, as the US tends to discuss limits in terms of exposure beyond annual average background radiation. Both approaches lack credibility and expose an ugly truth. “Debate on low-dose radiation risk is not scientific,” explained Sakiyama, “but political.”

And the politics are posing health and security risks in Japan and the US.

Akio Matsumura, who spoke at the Fukushima conference in his role as founder of the Global Forum of Spiritual and Parliamentary Leaders for Human Survival, described a situation at the crippled Japanese nuclear plant that is much more perilous, even today, than leaders are willing to acknowledge. Beyond the precarious state of the spent fuel pool above reactor four, Matsumura also cited the continued melt-throughs of reactor cores (which could lead to a steam explosion), the high levels of radiation at reactors one and three (making any repairs impossible), and the unprotected pipes retrofitted to help cool reactors and spent fuel. “Probability of another disaster,” Matsumura warned, “is higher than you think.”

Matsumura lamented that investigations of both the technical failures and the health effects of the disaster are not well organized. “There is no longer a link between scientists and politicians,” said Matsumura, adding, “This link is essential.”

The Union of Concerned Scientists’ Lochbaum took it further. “We are losing the no-brainers with the NRC,” he said, implying that what should be accepted as basic regulatory responsibility is now subject to political debate. With government agencies staffed by industry insiders, “the deck is stacked against citizens.”

Both Lochbaum and Arnie Gundersen criticized the nuclear industry’s lack of compliance, even with pre-Fukushima safety requirements. And the industry’s resistance undermines nuclear’s claims of being competitive on price. “If you made nuclear power plants meet existing law,” said Gundersen, “they would have to shut because of cost.”

But without stronger safety rules and stricter enforcement, the cost is borne by people instead.

Determinate data, indeterminate risk

While the two-day symposium was filled with detailed discussions of chemical and epidemiologic data collected throughout the nuclear age–from Hiroshima through Fukushima–a cry for more and better information was a recurring theme. In a sort of wily corollary to “garbage in, garbage out,” experts bemoaned what seem like deliberate holes in the research.

Even the long-term tracking study of those exposed to the radiation and fallout in Japan after the atomic blasts at Hiroshima and Nagasaki–considered by many the gold-standard in radiation exposure research because of the large sample size and the long period of time over which data was collected–raises as many questions as it answers.

The Hiroshima-Nagasaki data was referenced heavily by Dr. David Brenner of the Center for Radiological Research, Columbia University College of Physicians and Surgeons. Dr. Brenner praised the study while using it to buttress his opinion that, while harm from any nuclear event is unfortunate, the Fukushima crisis will result in relatively few excess cancer deaths–something like 500 in Japan, and an extra 2,000 worldwide.

“There is an imbalance of individual risk versus overall anxiety,” said Brenner.

But Dr. Wing, the epidemiologist from the UNC School of Public Health, questioned the reliance on the atom bomb research, and the relatively rosy conclusions those like Dr. Brenner draw from it.

“The Hiroshima and Nagasaki study didn’t begin till five years after the bombs were dropped,” cautioned Wing. “Many people died before research even started.” The examination of cancer incidence in the survey, Wing continued, didn’t begin until 1958–it misses the first 13 years of data. Research on “Black Rain” survivors (those who lived through the heavy fallout after the Hiroshima and Nagasaki bombings) excludes important populations from the exposed group, despite those populations’ high excess mortality, thus driving down reported cancer rates for those counted.

The paucity of data is even more striking in the aftermath of the Three Mile Island accident, and examinations of populations around American nuclear power plants that haven’t experienced high-profile emergencies are even scarcer. “Studies like those done in Europe have never been done in the US,” said Wing with noticeable regret. Wing observed that a German study has shown increased incidences of childhood leukemia near operating nuclear plants.

There is relatively more data on populations exposed to radioactive contamination in the wake of the Chernobyl nuclear accident. Yet, even in this catastrophic case, the fact that the data has been collected and studied owes much to the persistence of Alexey Yablokov of the Russian Academy of Sciences. Yablokov has been examining Chernobyl outcomes since the early days of the crisis. His landmark collection of medical records and the scientific literature, Chernobyl: Consequences of the Catastrophe for People and the Environment, has its critics, who fault its strong warnings about the long-term dangers of radiation exposure, but it is that strident tone that Yablokov himself said was crucial to the evolution of global thinking about nuclear accidents.

Because of pressure from the scientific community and, as Yablokov stressed at the New York conference, pressure from the general public, as well, reaction to accidents since Chernobyl has evolved from “no immediate risk,” to small numbers who are endangered, to what is now called “indeterminate risk.”

Calling risk “indeterminate,” believe it or not, actually represents a victory for science, because it means more questions are asked–and asking more questions can lead to more and better answers.

Yablokov made it clear that it is difficult to estimate the real individual radiation dose–too much data is not collected early in a disaster, fallout patterns are patchy and different groups are exposed to different combinations of particles–but he drew strength from the volumes and variety of data he’s examined.

Indeed, as fellow conference participant, radiation biologist Ian Fairlie, observed, people can criticize Yablokov’s advocacy, but the data is the data, and in the Chernobyl book, there is lots of data.

Complex and consequential

Data presented at the Fukushima symposium also included much on what might have been–and continues to be–released by the failing nuclear plant in Japan, and how that contamination is already affecting populations on both sides of the Pacific.

Several of those present emphasized the need to better track releases of noble gasses, such as xenon-133, from the earliest days of a nuclear accident–both because of the dangers these elements pose to the public and because gas releases can provide clues to what is unfolding inside a damaged reactor. But more is known about the high levels of radioactive iodine and cesium contamination that have resulted from the Fukushima crisis.

In the US, since the beginning of the disaster, five west coast states have measured elevated levels of iodine-131 in air, water and kelp samples, with the highest airborne concentrations detected from mid-March through the end of April 2011. Iodine concentrates in the thyroid, and, as noted by Joseph Mangano, director of the Radiation and Public Health Project, fetal thyroids are especially sensitive. In the 15 weeks after fallout from Fukushima crossed the Pacific, the western states reported a 28-percent increase in newborn (congenital) hypothyroidism (underactive thyroid), according to the Open Journal of Pediatrics. Mangano contrasted this with a three-percent drop in the rest of the country during the same period.

The most recent data from Fukushima prefecture shows over 44 percent of children examined there have thyroid abnormalities.

Of course, I-131 has a relatively short half-life; radioactive isotopes of cesium will have to be tracked much longer.

With four reactors and densely packed spent fuel pools involved, Fukushima Daiichi’s “inventory” (as it is called) of cesium-137 dwarfed Chernobyl’s at the time of its catastrophe. Consequently, and contrary to some of the spin out there, the Cs-137 emanating from the Fukushima plant is also out-pacing what happened in Ukraine.

Estimates put the release of Cs-137 in the first months of the Fukushima crisis at between 64 and 114 petabecquerels (this number includes the first week of aerosol release and the first four months of ocean contamination). And the damaged Daiichi reactors continue to add an additional 240 million becquerels of radioactive cesium to the environment every single day. Chernobyl’s cesium-137 release is pegged at about 84 petabecquerels. (One petabecquerel equals 1,000,000,000,000,000 becquerels.) By way of comparison, the nuclear “device” dropped on Hiroshima released 89 terabecquerels (1,000 terabecquerels equal one petabecquerel) of Cs-137, or, to put it another way, Fukushima has already released more than 6,400 times as much radioactive cesium as the Hiroshima bomb.

The effects of elevated levels of radioactive cesium are documented in several studies across post-Chernobyl Europe, but while the implications for public health are significant, they are also hard to contain in a sound bite. As medical genetics expert Wladimir Wertelecki explained during the conference, a number of cancers and other serious diseases emerged over the first decade after Chernobyl, but the cycles of farming, consuming, burning and then fertilizing with contaminated organic matter will produce illness and genetic abnormalities for many decades to come. Epidemiological studies are only descriptive, Wertelecki noted, but they can serve as a “foundation for cause and effect.” The issues ahead for all of those hoping to understand the Fukushima disaster and the repercussions of the continued use of nuclear power are, as Wertelecki pointed out, “Where you study and what you ask.”

One of the places that will need some of the most intensive study is the Pacific Ocean. Because Japan is an island, most of Fukushima’s fallout plume drifted out to sea. Perhaps more critically, millions of gallons of water have been pumped into and over the damaged reactors and spent fuel pools at Daiichi, and because of still-unplugged leaks, some of that water flows into the ocean every day. (And even if those leaks are plugged and the nuclear fuel is stabilized someday, mountain runoff from the area will continue to discharge radionuclides into the water.) Fukushima’s fisheries are closed and will remain so as far into the future as anyone can anticipate. Bottom feeders and freshwater fish exhibit the worst levels of cesium, but they are only part of the picture. Ken Beusseler, a marine scientist at Woods Hole Oceanographic Institute, described a complex ecosystem of ocean currents, food chains and migratory fish, some of which carry contamination with them, some of which actually work cesium out of their flesh over time. The seabed and some beaches will see increases in radio-contamination. “You can’t keep just measuring fish,” warned Beusseler, implying that the entire Pacific Rim has involuntarily joined a multidimensional long-term radiation study.

For what it’s worth

Did anyone die as a result of the nuclear disaster that started at Fukushima Daiichi two years ago? Dr. Sakiyama, the Japanese investigator, told those assembled at the New York symposium that 60 patients died while being moved from hospitals inside the radiation evacuation zone–does that count? Joseph Mangano has reported on increases in infant deaths in the US following the arrival of Fukushima fallout–does that count? Will cancer deaths or future genetic abnormalities, be they at the low or high end of the estimates, count against this crisis?

It is hard to judge these answers when the question is so very flawed.

As discussed by many of the participants throughout the Fukushima conference, a country’s energy decisions are rooted in politics. Nuclear advocates would have you believe that their favorite fuel should be evaluated inside an extremely limited universe, that there is some level of nuclear-influenced harm that can be deemed “acceptable,” that questions stem from the necessity of atomic energy instead of from whether civilian nuclear power is necessary at all.

The nuclear industry would have you do a cost-benefit analysis, but they’d get to choose which costs and benefits you analyze.

While all this time has been and will continue to be spent on tracking the health and environmental effects of nuclear power, it isn’t a fraction of a fraction of the time that the world will be saddled with fission’s dangerous high-level radioactive trash (a problem without a real temporary storage program, forget a permanent disposal solution). And for all the money that has been and will continue to be spent compiling the health and environmental data, it is a mere pittance when compared with the government subsidies, liability waivers and loan guarantees lavished upon the owners and operators of nuclear plants.

Many individual details will continue to emerge, but a basic fact is already clear: nuclear power is not the world’s only energy option. Nor are the choices limited to just fossil and fissile fuels. Nuclear lobbyists would love to frame the debate–as would advocates for natural gas, oil or coal–as cold calculations made with old math. But that is not where the debate really resides.

If nuclear reactors were the only way to generate electricity, would 500 excess cancer deaths be acceptable? How about 5,000? How about 50,000? If nuclear’s projected mortality rate comes in under coal’s, does that make the deaths–or the high energy bills, for that matter–more palatable?

As the onetime head of the Tennessee Valley Authority, David Freeman, pointed out toward the end of the symposium, every investment in a new nuclear, gas or coal plant is a fresh 40-, 50-, or 60-year commitment to a dirty, dangerous and outdated technology. Every favor the government grants to nuclear power triggers an intense lobbying effort on behalf of coal or gas, asking for equal treatment. Money spent bailing out the past could be spent building a safer and more sustainable future.

Nuclear does not exist in a vacuum; so neither do its effects. There is much more to be learned about the medical and ecological consequences of the Fukushima nuclear disaster–but that knowledge should be used to minimize and mitigate the harm. These studies do not ask and are not meant to answer, “Is nuclear worth it?” When the world already has multiple alternatives–not just in renewable technologies, but also in conservation strategies and improvements in energy efficiency–the answer is already “No.”

A version of this story previously appeared on Truthout; no version may be reprinted without permission.

Fukushima Plus Two: Still the Beginning?

An IAEA inspector examines the remains of reactor 3 at Fukushima Daiichi (5/27/11) (photo: Greg Webb/IAEA imagebank)

An IAEA inspector examines the remains of reactor 3 at Fukushima Daiichi (5/27/11) (photo: Greg Webb/IAEA imagebank)

I was up working in what were in my part of the world the early morning hours of March 11, 2011, when I heard over the radio that a massive earthquake had struck northeastern Japan. I turned on the TV just in time to see the earliest pictures of the tsunami that followed what became known as the Tohoku quake. The devastation was instantly apparent, and reports of high numbers of casualties seemed inevitable, but it wasn’t until a few hours later, when news of the destruction and loss of power at the Fukushima Daiichi nuclear plant hit the English-language airwaves, that I was gripped by a real sense of despair.

I was far from a nuclear expert at the time, but I knew enough to know that without intact cooling systems, or the power to keep them running, and with the added threat of a containment breach, some amount of environmental contamination was certain, and the potential for something truly terrifying was high.

What started as a weekend of watching newswires and live streams, virtually around the clock, and posting basic tech and health questions on email lists, expanded as the Fukushima crisis itself grew. Two years later, I have written tens of thousands of words, and read hundreds of thousands more. I have learned much, but I think I have only scratched the surface.

We all might be a little closer to understanding what happened in those first days and weeks after the earthquake, but what has happened since is still, sadly, a story where much must be written. What the Daiichi plant workers really went through in those early days is just now coming to light, and the tales of intrigue and cover-up, of corruption and captured government, grow more complex and more sinister with each revelation. But what has happened to the environment, not just in the government-cordoned evacuation zone, but also throughout Japan, across the Pacific, and around the world, will likely prove the most chilling narrative.

Radiation levels in the quarantined parts of Japan are still far too high to permit any kind of human re-habitation, but exposure rates in areas far outside that radius are also well above what would have been considered acceptable before this disaster. And water, used to cool the molten cores and damaged spent fuel pools at Fukushima Daiichi, now dangerously radioactive itself, continues to leak into the ground and into the ocean at unprecedented rates.

Alas, the efforts of the Japanese government seem more focused on limiting the information, quieting dissent, and sharing the pain (by shipping radioactive detritus across the country for disposal and incineration), than it is on stopping the leaks, cleaning up the contamination, and eliminating future risks. Though originally pledged to quickly turn away from all nuclear power, a change of government in Japan has revived the incestuous relationship between the nuclear industry and the bureaucrats and politicians who are supposed to police it.

Across the Pacific, the United States has not exactly bathed itself in glory, either. Within days of the news of the explosions at Fukushima, President Barack Obama was the rare world leader that made a point of publicly assuring the nuclear industry that America’s commitment to this dangerous energy source was still strong. Just months after the start of the crisis, information on airborne radiation samples from across the country became less accessible to the public. And while industrialized countries like Germany work to phase out their nuclear plants, the US Nuclear Regulatory Commission actually approved construction of new reactors, and the federal government is poised to backstop the baldly risky investment to the tune of $8.3 billon.

But most disturbing of all, of course, will be the stories of the people. First, the stories we will hear from the families in Japan exposed to the toxic fallout in the immediate aftermath of the initial containment breaches and explosions–stories we are already hearing of children with severe thyroid abnormalities. But soon, and likely for decades to come, the stories of cancers and immune disorders, of birth defects and health challenges, elevated not only in northern Japan, but perhaps across the northern hemisphere.

Two years after the earthquake and tsunami, it is not the beginning of the end of this disaster, and, with apologies to Winston Churchill, it may not even be the end of the beginning. The spent fuel pool at Daiichi reactor 4 remains in precarious shape, and the state of the three molten cores is still shrouded in mystery. Radioactive dust and grime blanket large parts of Japan with no serious plan to remove it, and the waters off the northeast coast continue to absorb irradiated runoff, putting an entire aquatic food chain in peril.

On this second anniversary of the start of the Fukushima crisis, let us honor those who have suffered so far, review what we have learned to date, and endeavor to understand what is likely to come. But, most of all, let us renew our commitment to breaking with this dirty, dangerous and expensive technology.

* * *

To this end, on March 11 and 12, I will be attending a symposium at the New York Academy of Medicine, “The Medical and Ecological Consequences of the Fukushima Nuclear Accident,” sponsored by the Helen Caldicott Foundation and Physicians for Social Responsibility. If you are in the New York area, there is still space available; if you want to watch online, the organizers have promised a live stream. More information can be found on the Caldicott Foundation website.

The Long, Long Con: Seventy Years of Nuclear Fission; Thousands of Centuries of Nuclear Waste

From here to eternity: a small plaque on the campus of the University of Chicago commemorates the site of Fermi's first atomic pile--and the start of the world's nuclear waste problem. (Photo: Nathan Guy via Flickr)

From here to eternity: a small plaque on the campus of the University of Chicago commemorates the site of Fermi’s first atomic pile–and the start of the world’s nuclear waste problem. (Photo: Nathan Guy via Flickr)

On December 2, 1942, a small group of physicists under the direction of Enrico Fermi gathered on an old squash court beneath Alonzo Stagg Stadium on the Campus of the University of Chicago to make and witness history. Uranium pellets and graphite blocks had been stacked around cadmium-coated rods as part of an experiment crucial to the Manhattan Project–the program tasked with building an atom bomb for the allied forces in WWII. The experiment was successful, and for 28 minutes, the scientists and dignitaries present observed the world’s first manmade, self-sustaining nuclear fission reaction. They called it an atomic pile–Chicago Pile 1 (CP-1), to be exact–but what Fermi and his team had actually done was build the world’s first nuclear reactor.

The Manhattan Project’s goal was a bomb, but soon after the end of the war, scientists, politicians, the military and private industry looked for ways to harness the power of the atom for civilian use, or, perhaps more to the point, for commercial profit. Fifteen years to the day after CP-1 achieved criticality, President Dwight Eisenhower threw a ceremonial switch to start the reactor at Shippingport, PA, which was billed as the first full-scale nuclear power plant built expressly for civilian electrical generation.

Shippingport was, in reality, little more than a submarine engine on blocks, but the nuclear industry and its acolytes will say that it was the beginning of billions of kilowatts of power, promoted (without a hint of irony) as “clean, safe, and too cheap to meter.” It was also, however, the beginning of what is now a, shall we say, weightier legacy: 72,000 tons of nuclear waste.

Atoms for peace, problems forever

News of Fermi’s initial success was communicated by physicist Arthur Compton to the head of the National Defense Research Committee, James Conant, with artistically coded flair:

Compton: The Italian navigator has landed in the New World.
Conant: How were the natives?
Compton: Very friendly.

But soon after that initial success, CP-1 was disassembled and reassembled a short drive away, in Red Gate Woods. The optimism of the physicists notwithstanding, it was thought best to continue the experiments with better radiation shielding–and slightly removed from the center of a heavily populated campus. The move was perhaps the first necessitated by the uneasy relationship between fissile material and the health and safety of those around it, but if it was understood as a broader cautionary tale, no one let that get in the way of “progress.”

A stamp of approval: the US Postal Service commemorated Eisenhower's initiative in 1955.

A stamp of approval: the US Postal Service commemorated Eisenhower’s initiative in 1955.

By the time the Shippingport reactor went critical, North America already had a nuclear waste problem. The detritus from manufacturing atomic weapons was poisoning surrounding communities at several sites around the continent (not that most civilians knew it at the time). Meltdowns at Chalk River in Canada and the Experimental Breeder Reactor in Idaho had required fevered cleanups, the former of which included the help of a young Navy officer named Jimmy Carter. And the dangers of errant radioisotopes were increasing with the acceleration of above-ground atomic weapons testing. But as President Eisenhower extolled “Atoms for Peace,” and the US Atomic Energy Commission promoted civilian nuclear power at home and abroad, a plan to deal with the “spent fuel” (as used nuclear fuel rods are termed) and other highly radioactive leftovers was not part of the program (beyond, of course, extracting some of the plutonium produced by the fission reaction for bomb production, and the promise that the waste generated by US-built reactors overseas could at some point be marked “return to sender” and repatriated to the United States for disposal).

Attempts at what was called “reprocessing”–the re-refining of used uranium into new reactor fuel–quickly proved expensive, inefficient and dangerous, and created as much radioactive waste as it hoped to reuse. It also provided an obvious avenue for nuclear weapons proliferation because of the resulting production of plutonium. The threat of proliferation (made flesh by India’s test of an atomic bomb in 1976) led President Jimmy Carter to cancel the US reprocessing program in 1977. Attempts by the Department of Energy to push mixed-oxide (MOX) fuel fabrication (combining uranium and plutonium) over the last dozen years has not produced any results, either, despite over $5 billion in government investments.

In fact, there was no official federal policy for the management of used but still highly radioactive nuclear fuel until passage of The Nuclear Waste Policy Act of 1982. And while that law acknowledged the problem of thousands of tons of spent fuel accumulating at US nuclear plants, it didn’t exactly solve it. Instead, the NWPA started a generation of political horse trading, with goals and standards defined more by market exigencies than by science, that leaves America today with what amounts to over five-dozen nominally temporary repositories for high-level radioactive waste–and no defined plan to change that situation anytime soon.

When you assume…

When a US Court of Appeals ruled in June that the Nuclear Regulatory Commission acted improperly when it failed to consider all the risks of storing spent radioactive fuel onsite at the nation’s nuclear power facilities, it made specific reference to the lack of any real answers to the generations-old question of waste storage:

[The Nuclear Regulatory Commission] apparently has no long-term plan other than hoping for a geologic repository. . . . If the government continues to fail in its quest to establish one, then SNF (spent nuclear fuel) will seemingly be stored on site at nuclear plants on a permanent basis. The Commission can and must assess the potential environmental effects of such a failure.

The court concluded the current situation–where spent fuel is stored across the country in what were supposed to be temporary configurations–“poses a dangerous long-term health and environmental risk.”

The decision also harshly criticized regulators for evaluating plant relicensing with the assumption that spent nuclear fuel would be moved to a central long-term waste repository.

A mountain of risks

The Nuclear Waste Policy Act set in motion an elaborate process that was supposed to give the US a number of possible waste sites, but, in the end, the only option seriously explored was the Yucca Mountain site in Nevada. After years of preliminary construction and tens of millions of dollars spent, Yucca was determined to be a bad choice for the waste:

[Yucca Mountain’s] volcanic formation is more porous and less isolated than originally believed–there is evidence that water can seep in, there are seismic concerns, worries about the possibility of new volcanic activity, and a disturbing proximity to underground aquifers. In addition, Yucca mountain has deep spiritual significance for the Shoshone and Paiute peoples.

Every major Nevada politician on both sides of the aisle has opposed the Yucca repository since its inception. Senate Majority Leader Harry Reid has worked most of his political life to block the facility. And with the previous NRC head, Gregory Jaczko, (and now his replacement, Allison Macfarlane, as well) recommending against it, the Obama administration’s Department of Energy moved to end the project.

Even if it were an active option, Yucca Mountain would still be many years and maybe as much as $100 million away from completion. And yet, the nuclear industry (through recipients of its largesse in Congress) has challenged the administration to spend any remaining money in a desperate attempt to keep alive the fantasy of a solution to their waste crisis.

Such fevered dreams, however, do not qualify as an actual plan, according to the courts.

The judges also chastised the NRC for its generic assessment of spent fuel pools, currently packed well beyond their projected capacity at nuclear plants across the United States. Rather than examine each facility and the potential risks specific to its particular storage situation, the NRC had only evaluated the safety risks of onsite storage by looking at a composite of past events. The court ruled that the NRC must appraise each plant individually and account for potential future dangers. Those dangers include leaks, loss of coolant, and failures in the cooling systems, any of which might result in contamination of surrounding areas, overheating and melting of stored rods, and the potential of burning radioactive fuel–risks heightened by the large amounts of fuel now densely packed in the storage pools and underscored by the ongoing disaster at Japan’s Fukushima Daiichi plant.

Indeed, plants were not designed nor built to house nuclear waste long-term. The design life of most reactors in the US was originally 40 years. Discussions of the spent fuel pools usually gave them a 60-year lifespan. That limit seemed to double almost magically as nuclear operators fought to postpone the expense of moving cooler fuel to dry casks and of the final decommissioning of retired reactors.

Everyone out of the pool

As disasters as far afield as the 2011 Tohoku earthquake and last October’s Hurricane Sandy have demonstrated, the storage of spent nuclear fuel in pools requires steady supplies of power and cool water. Any problem that prevents the active circulation of liquid through the spent fuel pools–be it a loss of electricity, the failure of a back-up pump, the clogging of a valve or a leak in the system–means the temperature in the pools will start to rise. If the cooling circuit is out long enough, the water in the pools will start to boil. If the water level dips (due to boiling or a leak) enough to expose hot fuel rods to the air, the metal cladding on the rods will start to burn, in turn heating the fuel even more, resulting in plumes of smoke carrying radioactive isotopes into the atmosphere.

And because these spent fuel pools are so full–containing as much as five times more fuel than they were originally designed to hold, and at densities that come close to those in reactor cores–they both heat stagnant water more quickly and reach volatile temperatures faster when exposed to air.

A spent fuel pool and dry casks. (Both photos courtesy of the US Nuclear Regulatory Commission)

A spent fuel pool and dry casks. (Both photos courtesy of the US Nuclear Regulatory Commission)

After spent uranium has been in a pool for at least five years (considerably longer than most fuel is productive as an energy source inside the reactor), fuel rods are deemed cool enough to be moved to dry casks. Dry casks are sealed steel cylinders filled with spent fuel and inert gas, which are themselves encased in another layer of steel and concrete. These massive fuel “coffins” are then placed outside, spaced on concrete pads, so that air can circulate and continue to disperse heat.

While the long-term safety of dry casks is still in question, the fact that they require no active cooling system gives them an advantage, in the eyes of many experts, over pool storage. As if to highlight that difference, spent fuel pools at Fukushima Daiichi have posed some of the greatest challenges since the March 2011 earthquake and tsunami, whereas, to date, no quake or flood-related problems have been reported with any of Japan’s dry casks. The disparity was so obvious, that the NRC’s own staff review actually added a proposal to the post-Fukushima taskforce report, recommending that US plants take more fuel out of spent fuel pools and move it to dry casks. (A year-and-a-half later, however, there is still no regulation–or even a draft–requiring such a move.)

But current dry cask storage poses its own set of problems. Moving fuel rods from pools to casks is slow and costly–about $1.5 million per cask, or roughly $7 billion to move all of the nation’s spent fuel (a process, it is estimated, that would take no less than five to ten years). That is expensive enough to have many nuclear plant operators lobbying overtime to avoid doing it.

Further, though not as seemingly vulnerable as fuel pools, dry casks are not impervious to natural disaster. In 2011, a moderate earthquake centered about 20 miles from the North Anna, Virginia, nuclear plant caused most of its vertical dry casks–each weighing 115 tons–to shift, some by more than four inches. The facility’s horizontal casks didn’t move, but some showed what was termed “cosmetic damage.”

Dry casks at Michigan’s Palisades plant sit on a pad atop a sand dune just 100 yards from Lake Michigan. An earthquake there could plunge the casks into the water. And the casks at Palisades are so poorly designed and maintained, submersion could result in water contacting the fuel, contaminating the lake and possibly triggering a nuclear chain reaction.

And though each cask contains far less fissile material than one spent fuel pool, casks are still considered possible targets for terrorism. A TOW anti-tank missile would breach even the best dry cask (PDF), and with 25 percent of the nation’s spent fuel now stored in hundreds of casks across the country, all above ground, it provides a rich target environment.

Confidence game

Two months after the Appeals Court found fault with the Nuclear Regulatory Commission’s imaginary waste mitigation scenario, the NRC announced it would suspend the issuing of new reactor operating licenses, license renewals and construction licenses until the agency could craft a new plan for dealing with the nation’s growing spent nuclear fuel crisis. In drafting its new nuclear “Waste Confidence Decision” (NWCD)–the methodology used to assess the hazards of nuclear waste storage–the Commission said it would evaluate all possible options for resolving the issue.

At first, the NRC said this could include both generic and site-specific actions (remember, the court criticized the NRC’s generic appraisals of pool safety), but as the prescribed process now progresses, it appears any new rule will be designed to give the agency, and so, the industry, as much wiggle room as possible. At a public hearing in November, and later at a pair of web conferences in early December, the regulator’s Waste Confidence Directorate (yes, that’s what it is called) outlined three scenarios (PDF) for any future rulemaking:

  • Storage until a repository becomes available at the middle of the century
  • Storage until a repository becomes available at the end of the century
  • Continued storage in the event a repository is not available

And while, given the current state of affairs, the first option seems optimistic, the fact that their best scenario now projects a repository to be ready by about 2050 is a story in itself.

When the Nuclear Waste Policy Act was signed into law by President Reagan early in 1983, it was expected the process it set in motion would present at least one (and preferably another) long-term repository by the late 1990s. But by the time the “Screw Nevada Bill” (as it is affectionately known in the Silver State) locked in Yucca Mountain as the only option for permanent nuclear waste storage, the projected opening was pushed back to 2007.

But Yucca encountered problems from its earliest days, so a mid-’90s revision of the timeline postponed the official start, this time to 2010. By 2006, the Department of Energy was pegging Yucca’s opening at 2017. And, when the NWPA was again revised in 2010–after Yucca was deemed a non-option–it conveniently avoided setting a date for the opening of a national long-term waste repository altogether.

It was that 2010 revision that was thrown out by the courts in June.

“Interim storage” and “likely reactors”

So, the waste panel now has three scenarios–but what are the underlying assumptions for those scenarios? Not, obviously, any particular site for a centralized, permanent home for the nation’s nuclear garbage–no new site has been chosen, and it can’t even be said there is an active process at work that will choose one.

There are the recommendations of a Blue Ribbon Commission (BRC) convened by the president after Yucca Mountain was off the table. Most notable there, was a recommendation for interim waste storage, consolidated at a handful of locations across the country. But consolidated intermediate waste storage has its own difficulties, not the least of which is that no sites have yet been chosen for any such endeavor. (In fact, plans for the Skull Valley repository, thought to be the interim facility closest to approval, were abandoned by its sponsors just days before Christmas.)

Just-retired New Mexico Senator Jeff Bingaman (D), the last chair of the Energy and Natural Resources Committee, tried to turn the BRC recommendations into law. When he introduced his bill in August, however, he had to do so without any cosponsors. Hearings on the Nuclear Waste Administration Act of 2012 were held in September, but the gavel came down on the 112th Congress without any further action.

In spite of the underdeveloped state of intermediate storage, however, when the waste confidence panel was questioned on the possibility, interim waste repositories seemed to emerge, almost on the fly, as an integral part of any revised waste policy rule.

“Will any of your scenarios include interim centralized above-ground storage?” we asked during the last public session. Paul Michalak, who heads the Environmental Impact Statement branch of the Waste Confidence Directorate, first said temporary sites would be considered in the second and third options. Then, after a short pause, Mr. Michalak added (PDF p40), “First one, too. All right. Right. That’s right. So we’re considering an interim consolidated storage facility [in] all three scenarios.”

The lack of certainty on any site or sites is, however, not the only fuzzy part of the picture. As mentioned earlier, the amount of high-level radioactive waste currently on hand in the US and in need of a final resting place is upwards of 70,000 tons–already at the amount that was set as the initial limit for the Yucca Mountain repository. Given that there are still over 100 domestic commercial nuclear reactors more or less in operation, producing something like an additional 2,000 tons of spent fuel every year, what happens to the Waste Confidence Directorate’s scenarios as the years and waste pile up? How much waste were regulators projecting they would have to deal with–how much spent fuel would a waste confidence decision assume the system could confidently handle?

There was initial confusion on what amount of waste–and at what point in time–was informing the process. Pressed for clarification on the last day of hearings, NRC officials finally posited that it was assumed there would be 150,000 metric tons of spent fuel–all deriving from the commercial reactor fleet–by 2050. By the end of the century, the NRC expects to face a mountain of waste weighing 270,000 metric tons (PDF pp38-41) (though this figure was perplexingly termed both a “conservative number” and an “overestimate”).

How did the panel arrive at these numbers? Were they assuming all 104 (soon to be 103–Wisconsin’s Kewaunee Power Station will shut down by mid-2013 for reasons its owner, Dominion Resources, says are based “purely on economics”) commercial reactors nominally in operation would continue to function for that entire time frame–even though many are nearing the end of their design life and none are licensed to continue operation beyond the 2030s? Were they counting reactors like those at San Onofre, which have been offline for almost a year, and are not expected to restart anytime soon? Or the troubled reactors at Ft. Calhoun in Nebraska and Florida’s Crystal River? Neither facility has been functional in recent years, and both have many hurdles to overcome if they are ever to produce power again. Were they factoring in the projected AP1000 reactors in the early stages of construction in Georgia, or the ones slated for South Carolina? Did the NRC expect more or fewer reactors generating waste over the course of the next 88 years?

The response: waste estimates include all existing facilities, plus “likely reactors”–but the NRC cannot say exactly how many reactors that is (PDF p41).

Jamming it through

Answers like those from the Waste Confidence Directorate do not inspire (pardon the expression) confidence for a country looking at a mountain of eternally toxic waste. Just what would the waste confidence decision (and the environmental impact survey that should result from it) actually cover? What would it mandate, and what would change as a result?

How long is it? Does this NRC chart provide a justification for the narrow scope of the waste confidence process? (US Nuclear Regulatory PDF, p12)

How long is it? Does this NRC chart provide a justification for the narrow scope of the waste confidence process? (US Nuclear Regulatory PDF, p12)

In past relicensing hearings–where the public could comment on proposed license extensions on plants already reaching the end of their 40-year design life–objections based on the mounting waste problem and already packed spent fuel pools were waived off by the NRC, which referenced the waste confidence decision as the basis of its rationale. Yet, when discussing the parameters of the process for the latest, court-ordered revision to the NWCD, Dr. Keith McConnell, Director of the Waste Confidence Directorate, asserted that waste confidence was not connected to the site-specific licensed life of operations (PDF p42), but only to a period defined as “Post-Licensed Life Storage” (which appears, if a chart in the directorate’s presentation (PDF p12) is to be taken literally, to extend from 60 years after the initial creation of waste, to 120 years–at which point a phase labeled “Disposal” begins). Issues of spent fuel pool and dry cask safety are the concerns of a specific plant’s relicensing process, said regulators in the latest hearings.

“It’s like dealing with the Mad Hatter,” commented Kevin Kamps, a radioactive waste specialist for industry watchdog Beyond Nuclear. “Jam yesterday, jam tomorrow, but never jam today.”

The edict originated with the White Queen in Lewis Carroll’s Through the Looking Glass, but it is all too appropriate–and no less maddening–when trying to motivate meaningful change at the Nuclear Regulatory Commission. The NRC has used the nuclear waste confidence decision in licensing inquiries, but in these latest scoping hearings, we are told the NWCD does not apply to on-site waste storage. The Appeals Court criticized the lack of site-specificity in the waste storage rules, but the directorate says they are now only working on a generic guideline. The court disapproved of the NRC’s continued relicensing of nuclear facilities based on the assumption of a long-term geologic repository that in reality did not exist–and the NRC said it was suspending licensing pending a new rule–but now regulators say they don’t anticipate the denial or even the delay of any reactor license application while they await the new waste confidence decision (PDF pp49-50).

In fact, the NRC has continued the review process on pending applications, even though there is now no working NWCD–something deemed essential by the courts–against which to evaluate new licenses.

The period for public comment on the scope of the waste confidence decision ended January 2, and no more scoping hearings are planned. There will be other periods for civic involvement–during the environmental impact survey and rulemaking phases–but, with each step, the areas open to input diminish. And the current schedule has the entire process greatly accelerated over previous revisions.

On January 3, a coalition of 24 grassroots environmental groups filed documents with the Nuclear Regulatory Commission (PDF) protesting “the ‘hurry up’ two-year timeframe” for this assessment, noting the time allotted for environmental review falls far short of the 2019 estimate set by the NRC’s own technical staff. The coalition observed that two years was also not enough time to integrate post-Fukushima recommendations, and that the NRC was narrowing the scope of the decision–ignoring specific instructions from the Appeals Court–in order to accelerate the drafting of a new waste storage rule.

Speed might seem a valuable asset if the NRC were shepherding a Manhattan Project-style push for a solution to the ever-growing waste problem–the one that began with the original Manhattan Project–but that is not what is at work here. Instead, the NRC, under court order, is trying to set the rules for determining the risk of all that high-level radioactive waste if there is no new, feasible solution. The NRC is looking for a way to permit the continued operation of the US nuclear fleet–and so the continued manufacture of nuclear waste–without an answer to the bigger, pressing question.

A plan called HOSS

While there is much to debate about what a true permanent solution to the nuclear waste problem might look like, there is little question that the status quo is unacceptable. Spent fuel pools were never intended to be used as they are now used–re-racked and densely packed with over a generation of fuel assemblies. Both the short- and long-term safety and security of the pools has now been questioned by the courts and laid bare by reality. Pools at numerous US facilities have leaked radioactive waste (PDF) into rivers, groundwater and soil. Sudden “drain downs” have come perilously close to triggering major accidents in plants shockingly close to major population centers. Recent hurricanes have knocked out power to cooling systems and flooded backup generators, and last fall’s superstorm came within inches of overwhelming the coolant intake structure at Oyster Creek in New Jersey.

The crisis at Japan’s Fukushima Daiichi facility was so dangerous and remains dangerous to this day in part because of the large amounts of spent fuel stored in pools next to the reactors but outside of containment–a design identical to 35 US nuclear reactors. A number of these GE Mark 1 Boiling Water Reactors–such as Oyster Creek and Vermont Yankee–have more spent fuel packed into their individual pools than all the waste in Fukushima Daiichi Units 1, 2, 3, and 4 combined.

Dry casks, the obvious next “less-bad” option for high-level radioactive waste, were also not supposed to be a permanent panacea. The design requirements and manufacturing regulations of casks–especially the earliest generations–do not guarantee their reliability anywhere near the 100 to 300 years now being casually tossed around by NRC officials. Some of the nation’s older dry casks (which in this case means 15 to 25 years) have already shown seal failures and structural wear (PDF). Yet, the government does not require direct monitoring of casks for excessive heat or radioactive leaks–only periodic “walkthroughs.”

Add in the reluctance of plant operators to spend money on dry cask transfer and the lack of any workable plan to quickly remove radioactive fuel from failed casks, and dry cask storage also appears to fail to attain any court-ordered level of confidence.

Interim plans, such as regional consolidated above-ground storage, remain just that–plans. There are no sites selected and no designs for such a facility up for public scrutiny. What is readily apparent, though, is that the frequent transport of nuclear waste increases the risk of nuclear accidents. There does not, as of now, exist a transfer container that is wholly leak proof, accident proof, and impervious to terrorist attack. Moving high-level radioactive waste across the nation’s highways, rail lines and waterways has raised fears of “Mobile Chernobyls” and “Floating Fukushimas.”

More troubling still, if past (and present) is prologue, is the tendency of options designed as “interim” to morph into a default “permanent.” Can the nation afford to kick the can once more, spending tens (if not hundreds) of millions of dollars on a “solution” that will only add a collection of new challenges to the existing roster of problems? What will the interim facilities become beyond the next problem, the next site for costly mountains of poorly stored, dangerous waste?

Hardened: The more robust HOSS option as proposed in 2003. (From "Robust Storage of Spent Nuclear Fuel: A Neglected Issue of Homeland Security" courtesy of the Nuclear Information and Resource Service)

Hardened: The more robust HOSS option as proposed in 2003. (From “Robust Storage of Spent Nuclear Fuel: A Neglected Issue of Homeland Security” courtesy of the Nuclear Information and Resource Service)

If there is an interim option favored by many nuclear experts, engineers and environmentalists (PDF), it is something called HOSS–Hardened On-Site Storage (PDF). HOSS is a version of dry cask storage that is designed and manufactured to last longer, is better protected against leaks and better shielded from potential attacks. Proposals (PDF) involve steel, concrete and earthen barriers incorporating proper ventilation and direct monitoring for heat and radiation.

But not all reactor sites are good candidates for HOSS. Some are too close to rivers that regularly flood, some are vulnerable to the rising seas and increasingly severe storms brought on by climate change, and others are close to active geologic fault zones. For facilities where hardened on-site storage would be an option, nuclear operators will no doubt fight the requirements because of the increased costs above and beyond the price of standard dry cask storage, which most plant owners already try to avoid or delay.

The first rule of holes

Mixed messages: A simple stone marker in Red Gate Woods, just outside Chicago, tries to both warn and reassure visitors to this public park. (Photo: Kevin Kamps, Beyond Nuclear. Used by permission.)

Mixed messages: A simple stone marker in Red Gate Woods, just outside Chicago, tries to both warn and reassure visitors to this public park. (Photo: Kevin Kamps, Beyond Nuclear. Used by permission.)

In a wooded park just outside Chicago sits a dirt mound, near a bike path, that contains parts of the still-highly radioactive remains of CP-1, the world’s first atomic pile. Seven decades after that nuclear fuel was first buried, many health experts would not recommend that spot (PDF) for a long, languorous picnic, nor would they recommend drinking from nearby water fountains. To look at it in terms Arthur Compton might favor, when it comes to the products of nuclear chain reactions, the natives are restless. . . and will remain so for millennia to come.

One can perhaps forgive those working in the pressure cooker of the Manhattan Project and in the middle of a world war for ignoring the forest for the trees–for not considering waste disposal while pursuing a self-sustaining nuclear chain reaction. Perhaps. But, as the burial mound in Red Gate Woods reminds us, ignoring a problem does not make it go away.

And if that small pile, or the mountains of spent fuel precariously stored around the nation are not enough of a prompt, the roughly $960 million that the federal government has had to pay private nuclear operators should be. For every year that the Department of Energy does not provide a permanent waste repository–or at least some option that takes the burden of storing spent nuclear fuel off the hands (and off the books) of power companies–the government is obligated to reimburse the industry for the costs of onsite waste storage. By 2020, it is estimated that $11 billion in public money will have been transferred into the pockets of private nuclear companies. By law, these payments cannot be drawn from the ratepayer-fed fund that is earmarked for a permanent geologic repository, and so, these liabilities must be paid out of the federal budget. Legal fees for defending the DoE against these claims will add another 20 to 30 percent to settlement costs.

The Federal Appeals Court, too, has sent a clear message that the buck needs to stop somewhere at some point–and that such a time and place should be both explicit and realistic. The nuclear waste confidence scoping process, however, is already giving the impression that the NRC’s next move will be generic and improbable.

The late, great Texas journalist Molly Ivins once remarked, “The first rule of holes” is “when you’re in one, stop digging.” For high-level radioactive waste, that hole is now a mountain, over 70 years in the making and over 70,000 tons high. If the history of the atomic age is not evidence enough, the implications of the waste confidence decision process put the current crisis in stark relief. There is, right now, no good option for dealing with the nuclear detritus currently on hand, and there is not even a plan to develop a good option in the near future. Without a way to safely store the mountain of waste already created, under what rationale can a responsible government permit the manufacture of so much more?

The federal government spends billions to perpetuate and protect the nuclear industry–and plans to spend billions more to expand the number of commercial reactors. Dozens of facilities already are past, or are fast approaching, the end of their design lives, but the Nuclear Regulatory Commission has yet to reject any request for an operating license extension–and it is poised to approve many more, nuclear waste confidence decision not withstanding. Plant operators continue to balk at any additional regulations that would require better waste management.

The lesson of the first 70 years of fission is that we cannot endure more of the same. The government–from the DoE to the NRC–should reorient its priorities from creating more nuclear waste to safely and securely containing what is now here. Money slated for subsidizing current reactors and building new ones would be better spent on shuttering aging plants, designing better storage options for their waste, modernizing the electrical grid, and developing sustainable energy alternatives. (And reducing demand through conservation programs should always be part of the conversation.)

Enrico Fermi might not have foreseen (or cared about) the mountain of waste that began with his first atomic pile, but current scientists, regulators and elected officials have the benefit of hindsight. If the first rule of holes says stop digging, then the dictum here should be that when you’re trying to summit a mountain, you don’t keep shoveling more garbage on top.

A version of this story previously appeared on Truthout; no version may be reprinted without permission.

Blogiversary VII: The FISA-ing

The main ingredient, un-7-up'd. (photo: Craig Duncan via Wikipedia)

The main ingredient, un-7-up’d. (photo: Craig Duncan via Wikipedia)

December 30, 2005–a day that will live in infamy.

Well, for me, anyway. (And maybe a few of you.) For it was on that day–seven years ago, today–that all of this began. . . all of this blogging thing.

No, not for everybody–this is about me!

A callow newbie to some, a grizzled vet to others, as of today, I have been in the blogging game for seven years, and so, in keeping with the tradition established by my original blog–guy2K: a journal of politics, popular culture, and mixed drinks–I give you a themed cocktail:

The Seven & Seven

Pour 2 oz. Seagram’s Seven Crown Whiskey into a highball glass; fill with ice.

Top with about 7 oz. 7-Up; stir lightly.

Garnish with a lemon slice.

I know, that seems pretty humdrum for this age of the artisanal cocktail. Whiskey and soda pop, how high school! But not only is it so seventh anniversary appropriate–so seven nice they seven’d it twice–it is also special for another reason. It is perhaps the most branded cocktail recipe I know. Sure, you could mix Jeremiah Weed and Bubble Up, and it might taste pretty darn similar, but what the hell are you going to call it? The Weed & Bubble?

That does not sound good.

And the Seven & Seven is not just a good drink for my seventh blogiversary (yes, I used to spell it “blogaversary,” but this seems to now be an actual thing, and the spelling with the “i” now seems to be the preferred one)–it being all seven-ie and all–the Seven & Seven’s specificity makes it a very appropriate cocktail for this last weekend of the year for a more, shall we say, “all inclusive” reason.

Friday morning, while some were distracted by Washington’s self-inflicted fiscal clusterfuck, and most were distracted by things that had nothing at all to do with Washington, the US Senate passed a five-year extension to the FISA Amendments Act (FAA)–the oversight-deficient warrantless surveillance program started by the George W. Bush administration. The vote was 73 to 23.

During my first few blogging years, I wrote a lot about the domestic surveillance, FISA (+here) and the Bush administration’s wholesale disregard for the Fourth Amendment. In 2007 and 2008, I hit these topics often, especially as Congress moved forward with the Protect America Act (PAA) and the original FAA, which were supposed to be ways for freshly installed Democratic majorities to expose and rein-in the Bush-Cheney surveillance state.

What actually happened–and you can watch this unfold across my old posts–was, of course, something else. Democrats, either out of expedience, cowardice or naked self-interest, wound up passing a law that went a long way toward legalizing what Bush’s bunch had only hoped to get away with in secret. And not to be missed in that pre-election-year and election-year dog and pony were the positions of certain Senate members who aspired to replace George W. Bush. Most notably, those of the guy that grabbed that brass ring: Barack Obama.

Senator Barack Obama (D-IL) made much of his public opposition to much of what the Bush administration had been doing surveillance-wise in the name of fighting terror (more on that in a moment), he opposed retroactive immunity for telecoms (a key feature of the act) and said he would support a filibuster of the bill threatened by one of his early rivals for the presidential nomination, Chris Dodd (D-CT). But when proverbial push came to proverbial shove a few months later, the distinguished gentleman from Illinois not only failed to push any meaningful changes to the FAA that might have restored some of the rule of law, he actually helped break the filibuster of the bill. Then Obama voted in favor of the nasty new act.

Such an obvious stiff-arm was this to a group of Democrats Obama hoped to have in his camp come election time, that, if my memory serves, he pretty immediately came out with a video (was it on YouTube? I think so. Anyway, here’s the text of his statement) where he said he of course had many problems with the blah blah blah, but because the tools were essential in the fight against terror blah blah blah, he would vote for it now, then work to fix it should he become president. . . blah. . . blah. . . blah.

Fast forward five years–that’s the equivalent of FIVE blog years–and you find a President Barack Obama that has not worked to fix it, but has arguably worked very hard to expand the abilities of the national security apparatus to spy on United States citizens. And on Friday, with the help of the Democratic leadership of the Democrat-controlled Senate, the president worked to beat back each and every amendment to the FAA extension–many of which were proposed by Democrats–that would have tried to if not fix the FISA, at least provide some access to some of the broad outlines of what has been done to Americans by the American government, in the hopes that this bit of sunshine could lead to better oversight.

Why the need for a “clean” bill RIGHT NOW!?!?!

Well, the GOP-controlled House passed this version way back in September, and what with the law sunsetting on December 31, there just wouldn’t be time now to send amendments to any kind of conference, and you can’t let the law expire cause then the terrorists. . . blah blah blah.

Of course, the terrorists nothing. If the Senate did let January 1 come without acting on this gun-to-their-head extension, absolutely nothing going down on behalf of the GWOT would change. All the permissions on all the ongoing investigations would remain good and open for many months to come. But that leads to an even more important point, one again almost completely–no, let’s, this time, just say completely–absent from the coverage of the FISA Amendments Act.

I do not right now have time to go back and refresh everyone’s memory on the history of FISA (I’ve got anniversary cocktails to drink, after all), but let’s just say that even the original 1978 law–though drafted in reaction to illegal Nixon-era domestic surveillance–still had plenty of room for national security intel interests to get legal cover for some types of domestic spying. But the law did impose some limits and some oversight.

But all that changed on. . . .

I know what you’re thinking. You’re thinking I’m going to say “All that changed on 9/11,” aren’t you? I don’t blame you. Back during the PAA/FAA battles five years ago, most reports spoke of the expansion of domestic surveillance in response to the terror attacks on September 11, 2001. Again today–and I’m not going to dig up any links, but throw a rock at any major newspaper, and if you throw it hard enough, hard enough, say, to get back to page A23, because that’s about as close to the front page as this story will get–today you will read that all of this last-minute congressional kabuki all stems from Bush’s original violations of the old FISA law post-9/11/01.

And that would be a big, fat lie. Now, maybe some of today’s reporters weren’t on this story in 2007 or 2008, and they just took for granted the sort of “war on terror” shorthand that comes affixed to this topic, so I guess that would just make it a big, fat, lazy lie–but this idea is just as untrue (and just as easy to uncover as untrue) today as it was way back when I wrote about it the first time.

So, let’s all get this straight for the record: The Bush administration’s expansion of domestic spying was not a response to the terror attacks of 9/11. The Bush admin’s expansion of domestic spying pre-dates those attacks. Bush’s expansion of domestic spying starts as early as February 2001–just weeks after W was inaugurated. Here’s what I wrote on October 19, 2007:

Really, enough with this fairy tale already. If the events of last week involving the statements of former Qwest CEO Joe Nacchio have taught you nothing, perhaps you should go back and read some of the press from early 2006, or, perhaps, James Risen’s book. But no matter which of these sources you read, you should come away with the same understanding: The Bush Administration began collecting phone and e-mail data without a warrant and/or began eavesdropping on US citizens inside the country without a warrant before the attacks of September 11, 2001. Surveillance might—might—have increased after 9/11, but it is now increasingly clear there was plenty going on from the earliest days of Bush-Cheney rule.

You can follow the links in that block quote for more detail.

What do those seven (there’s that number again) months tell you? It tells you that the ramp-up of illegal domestic surveillance was not about uncovering the next al-Qaeda cell (remember how hard it was for Clinton administration holdovers to get any of Bush’s team to care about this pre-9/11), it was about something else. What was that exactly? There are many theories–repression of dissent, intimidation of unfriendly media, opposition research, maybe all of the above–but the point to make is that when you heard folks back then insisting we needed the FAA to protect us from the terra-ists, you needed to call bullshit.

And the same applies today. Sure, there are still some wide-eyed Washington watchers among us who will say, “that was then, but this is now, and now is post-9/11, and now we have a guy who is not Bush in the White House, so now it is about the terra-ists,” but you need to call bullshit on that, too. First and foremost because no president should be above the Fourth Amendment, but also, and also importantly, because if the warrantless domestic surveillance was to keep us safe from terrorism, but the surveillance was expanded long before 9/11/01, and the attacks of 9/11 happened anyway, then this breach of our Constitution did not do what its advocates say it is supposed to do.

Here is where you say, “I’ll drink to that!”

But why drink a Seven & Seven, the world’s most specific cocktail? Because specificity is what it’s all about–or, more accurately, what this FAA is extension not all about.

The whole point of the Fourth Amendment is that Americans should not be subjected to un-checked government power. That if the government wants to search or surveil a US citizen in the US, it has to pick a specific person and a specific crime. The kinds of blanket permissions and basket warrants permitted under the FAA are the very kinds of things the Fourth Amendment is supposed to prevent.

Got that? No archiving of domestic data, no Total Information Awareness, no trawling for keywords in private emails, no “dossiers” on hundreds of millions of Americans who have done nothing except trip one of the NSA’s algorithmic flags–because that sort of non-specific surveillance doesn’t pass Constitutional muster, and it doesn’t protect America from enemies foreign or domestic.

So, I started this tome with a joking toast to the infamous birth of my blog, but, in all seriousness, with the president expected to sign the new FISA Amendment Act today, the day that should live in infamy is December 30, 2012. And that’s not just about me; that’s about everybody.

And I do mean everybody.

Yule Fuel

Yes, it’s time for that metaphor again. If you grew up near a TV during the 1960s or ’70s, you probably remember the ever-burning Yule Log that took the place of programming for a large portion of Christmas Day. The fire burned, it seemed, perpetually, never appearing to consume the log, never dimming, and never, as best the kid who stared at the television could tell, ever repeating.

Now, if you have been watching this space about as intently as I once stared at that video hearth, perhaps you are thinking that this eternal flame is about to reveal itself as a stand-in for nuclear power. You know, the theoretically bottomless, seemingly self-sustaining, present yet distant, ethereal energy source that’s clean, safe and too cheap to meter. Behold: a source of warmth and light that lasts forever!

Yeah. . . you wish! Or, at least you’d wish if you were a part of the nuclear industry or one of its purchased proxies.

But wishing does not make it so. A quick look at the US commercial reactor fleet proves there is nothing perpetual or predictable about this supposedly dependable power source.

Both reactors at San Onofre have been offline for almost a year, after a radioactive leak revealed dangerously worn heat transfer tubes. Nebraska’s Fort Calhoun plant has been shutdown since April of 2011, initially because of flooding from the Missouri River, but now because of a long list of safety issues. And it has been 39 months since Florida’s Crystal River reactor has generated even a single kilowatt, thanks to a disastrously botched repair to its containment that has still not been put right.

October’s Hurricane Sandy triggered scrams at two eastern nuclear plants, and induced an alert at New Jersey’s Oyster Creek reactor because flooding threatened spent fuel storage. Other damage discovered at Oyster Creek after the storm, kept the facility offline for five weeks more.

Another plant that scrammed during Sandy, New York’s Nine Mile Point, is offline again (for the third, or is it the fourth time since the superstorm?), this time because of a containment leak. (Yes, a containment leak!)

Other plants that have seen substantial, unplanned interruptions in power generation this year include Indian Point, Davis-Besse, Diablo Canyon, Hope Creek, Calvert Cliffs, Byron, St. Lucie, Pilgrim, Millstone, Susquehanna, Prairie Island, Palisades. . . honestly, the list can–and does–go on and on. . . and on. Atom-heads love to excuse the mammoth capital investments and decades-long lead times needed to get nuclear power plants online by saying, “yeah, but once up, they are like, 24/7/365. . . dude!”

Except, of course, as 2012–or any other year–proves, they are very, very far from anything like that. . . dude.

So, no, that forever-flame on the YuleTube is not a good metaphor for nuclear power. It is, however, a pretty good reminder of the still going, still growing problem of nuclear waste.

December saw the 70th anniversary of the first self-sustaining nuclear chain reaction, and the 30th anniversary of the first Nuclear Waste Policy Act. If the 40-year difference in those anniversaries strikes you as a bit long, well, you don’t know the half of it. (In the coming weeks, I hope to say more about this.) At present, the United States nuclear power establishment is straining to cope with a mountain of high-level radioactive waste now exceeding 70,000 tons. And with each year, the country will add approximately 2,000 more tons to the pile.

And all of this waste, sitting in spent fuel pools and above-ground dry casks– supposedly temporary storage–at nuclear facilities across the US, will remain extremely toxic for generations. . . for thousands and thousands of generations.

There is still no viable plan to dispose of any of this waste, but the nation’s creaky reactor fleet continues to make it. And with each refueling, another load is shoehorned into overcrowded onsite storage, increasing the problem, and increasing the danger of spent fuel accidents, including, believe it or not, a type of fire that cannot be extinguished with water.

So, if you want to stare at a burning log and think about something, think about how that log is not so unlike a nuclear fuel assembly exposed to air for a day or two. . . or think of how, even if it is not actually burning, the high levels of radiation tossed out from those uranium “logs” will create heat and headaches for hundreds of thousands of yuletides to come.

Oh, and, if you are still staring at the Yule log on a cathode ray tube television, don’t sit too close. . . because, you know, radiation.

Merry Christmas.

Writing on Shooting: Over Five Years Later, What Has Changed?

(photo: An Nguyen Photography via Flickr)

(photo: An Nguyen Photography via Flickr)

It has been over five-and-a-half years since a mass shooting on the campus of Virginia Tech in Blacksburg, Virginia, caused me to write:

. . . the terrible truth is that we only pay attention when our domestic murders come in multiples.

Gun violence is more than an everyday occurrence in this country, it is an hourly one. Correction: it is a quarter-hourly one. There are, roughly, 12,000 gun murders a year in the United States (if you are looking for contrasts, contrast that with the average 350 gun murders that occur annually in Canada, Great Britain, and Australia combined). If you watch the local TV news in the US, then you likely bear some sort of witness to numerous individual gun murders every week.

But it is only when six or twelve or twenty-two or thirty-three are shot that most of us even look up, take pause, or stop to think at all about what guns do.

And what guns do is kill people.

I’m sure there is somebody out there right now that is raising a finger in protest. Wait, there’s sport. . . competition shooting. . . hunting! And to that person I say: Knock it off! AK-47’s and their clones are not prized by biathletes, 9 mm semi-automatics are not hunting weapons, and you don’t need an extended clip to bring down a sixteen-point buck. You can make your arguments about self-defense and Second Amendment rights (though most of them would be wrong), but you cannot argue that it is either a right or a necessity to own the kinds of weapons that felled those at Columbine, or West Nickel Mines, or the unfortunate students and faculty at Virginia Tech.

And now we can add Sandy Hook Elementary in Newtown, Connecticut to that list–a list that had already grown much, much longer since 2007.

I wrote several posts around the time of the VaTech shootings–and several others about sadly similar events over the years–and went back to read them while thinking I would scrawl something today about the massacre in Connecticut. But you know what? I’m not sure I see the point of a new story–not when almost every single word I wrote back then is just as applicable now.

Sure, some of the names have changed. We have a different president; one who arguably struck the right emotional tone as he joined the country in mourning the senseless deaths of 20 young children. But a little while before Barack Obama spoke to the nation, his press secretary, Jay Carney, took to the White House briefing room to say that today was not the day to address the role that gun laws could play in preventing more mass shootings.

So, if you have the time, take a look at part of what was said some 17 domestic gun massacres ago:

Then, maybe ask, who do we have in elected government, or in a visible place in our country or our communities, who will rise up and say to Mr. Carney, or to the press corps, or to the president, “How about now? Can we talk about it now?”

I’ll leave you with the questions I asked back in 2007–and have asked so many times since–in an attempt to actually move this discussion beyond pearl-clutching and platitudes:

To those that love their guns. . .

Please don’t resort to screaming about how I want to take away your guns. . . I don’t. Just tell me why you oppose:

Gun registration,
Better background checks,
Additional licensing procedures for concealed weapons,
Mandatory waiting periods,
Restrictions on assault-style weapons, Saturday night specials, and extended clips,
Mandatory safety training and periodic recertification,
Closing so-called gun-show loopholes,
Legal liability for gun manufacturers commensurate with other consumer product liability,
And limits on the number of guns and rounds of ammo you can purchase at any given time and over the course of a year.

If you can address those points, we can have a discussion. . . or you can just scream that I want to take away your gun again if that makes you feel better.

And one more thought–something I tweeted earlier. Today, before the news of the Connecticut shooting broke, I heard a story about a man who went on a violent rampage at a school in China. He was armed with a knife. The result: 22 wounded; 0 dead.