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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

* * *

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Party Line – September 9, 2011: Shaken, But Still Not Stirred

Sunday, September 11, will of course be the tenth anniversary of a tragedy that fundamentally changed America in ways we are still trying to understand. But this 9/11 is also a day for other anniversaries, ones that will likely get little, if any, recognition in the US.

In 1985, for instance, September 11 saw a Keystone Kops-like collection of miscues during a test of the remote shutdown protocols at the Limerick Generating Station, a boiling water nuclear reactor outside of Philadelphia. During the shutdown, a valve on a cooling system failed to open, and attempts to manually open the valve were met by a locked door, and a call for a key, which, after a 15-minute wait, turned out to be the wrong key. Once the proper key was found and the door was opened, the operators found the valve’s hand wheel chained and padlocked to prevent accidental opening. Those keys were in the abandoned control room. Bolt cutters had to be used before the operators could finally open the valve.

All that time, the reactor core’s temperature was increasing. Fortunately, the test was done during startup, when decay heat is relatively low, so control rods were able to slow the reaction enough to provide time to overcome the multiple barriers to opening the valve. Had the plant been operating at full power when this series of problems occurred, the outcome would likely have not been so rosy.

September 11 will also mark six months since the massive earthquake and tsunami that struck northern Japan triggered a series of cataclysmic failures at the Fukushima Daiichi nuclear complex. That accident provides no amusing anecdotes or happy endings, but those horrible events should provide a loud wakeup call and numerous object lessons for nuclear power programs across the globe.

As previously noted, the Japanese nightmare and domestic political realities have spurred German Prime Minister Angela Merkel to announce a rather rapid phase out of her country’s nuclear plants. The Japanese government, too, has spoken of turning away from nuclear power and toward renewable alternatives.

But here in the United States, six months on from Japan’s quake, there are no such proclamations or pledges–if anything, quite the contrary–and almost no movement on even the most incremental of recommendations.

In the face of lessons still not learned, a trio of nuclear experts gathered in Washington, DC on September 8 to highlight key concerns that still have not been addressed six months after the start of the world’s worst nuclear accident. Included on the list are several issues discussed in this space since the Fukushima quake (this is a partial and edited list–please use the link for more concerns and more explanation):

The U.S. regulatory response since Fukushima has been inadequate. “Six months after Fukushima, it seems clear that the U.S. is not going to undertake the type of fundamental, no-holds-barred look at its nuclear regulatory practices that followed the much less serious accident at Three Mile Island some 30 years ago.”

America should avoid post-9/11 mistakes in tightening reactor safety standards. “In responding to Fukushima by issuing orders, the NRC should not make the same mistakes as it did following 9/11, when industry stonewalling delayed implementation of critical security measures for many years. Even today, some post 9/11 security upgrades have not been completed at numerous plants. . . . The U.S. must respond to Fukushima in a much more comprehensive way or it may soon face an accident even worse than Fukushima.”

The U.S. was warned of Fukushima-style problems but failed to act … and is still failing to do so. “U.S. reactors have some of the shortcomings of the Fukushima plants. Furthermore, citizen groups and scientists had tried to call one of these – spent fuel pool vulnerability — to Nuclear Regulatory Commission attention during the last decade. The NRC dismissed these efforts. . . . Without a root cause analysis of its own failure to heed the now validated warnings about spent fuel pools, the NRC may patch the technical problems revealed by Fukushima, but it won’t fix the underlying shortcomings that allow defects to persist until catastrophic events rather than regulatory vigilance force the nuclear industry and the public to face up to them.”

Emergency planning zones in the U.S. must be expanded. “In contrast to the [NRC] Task Force conclusions, we believe that emergency planning zones should be expanded, certain hydrogen control measures should be immediately enforced and spent fuel transfer to dry casks should be accelerated. Also, the safety margins of new reactors need to be reassessed.”

The recent East Coast earthquake should spur more NRC safety analysis. “The earthquake near the North Anna nuclear plant, which reportedly exceeded the plant’s seismic design basis, reinforces the urgency of the NRC Fukushima task force’s recommendation that all plants immediately be reviewed for their vulnerability to seismic and flooding hazards based on the best available information today.”

To that last point, as noted before, the earthquake that struck Mineral, VA in late August should have moved US nuclear regulators to quickly adopt the recommendations of the Fukushima task force. Well, the quake doesn’t seem to have moved the NRC much, but it did move some things, like most of the 117-ton dry storage casks at the North Anna facility. . . and, as we now have learned, pretty much everything else there:

Last month’s record earthquake in the eastern United States may have shaken a Virginia nuclear plant twice as hard as it was designed to withstand, a spokesman for the nuclear safety regulator said on Thursday.

Dominion Resources told the regulator that the ground under the plant exceeded its “design basis” — the first time an operating U.S. plant has experienced such a milestone. . . .

That a facility experienced such a milestone is now known because, over two weeks after the fact, data from the so-called “shake plates” has finally been released (almost a week after it was expected):

“We are currently thinking that at the higher frequencies, the peak acceleration was around 0.26” g, which is a unit of gravity that measures the impact of shaking on buildings, said Scott Burnell, an NRC spokesman.

The plant was designed to withstand 0.12 g of horizontal ground force for parts that sit on rock, and 0.18 g for parts that sit on soil, Burnell said.

Dominion’s sensors recorded average horizontal ground force of 0.13 g in an east-west direction and 0.175 g in a north-south direction, officials said.

The apparent discrepancy seems to stem from the distance between instruments used by the US Geological Survey and those cited by North Anna’s operator, Dominion, but even taking the smaller numbers, the design limits of the plant were exceeded.

Dominion officials have been quick to point out that even though some things have moved and some structures show cracks, those changes are merely cosmetic and in no way dangerous. But nuclear engineer John H. Bickel says that vessels and pipes are not the first things to go in a quake:

[A]n analysis of plants hit by earthquakes had shown that the most vulnerable components were ceramic insulators on high-voltage lines that supply the plants with power and electrical relays, which resemble industrial-strength circuit-breakers and switches.

Even if the relays are not damaged, they might be shaken so that they change positions, cutting off the flow of electricity or allowing it to flow without any command from an operator.

As previously noted (with more than a hint of irony), in order to safely generate electrical power, nuclear plants need an uninterrupted supply of electrical power. Without electricity, cooling systems and important monitors in both the reactors and spent fuel storage pools cannot function. Without effective cooling, nuclear facilities are looking at a series of disasters like the ones encountered at Fukushima Daiichi. That the most quake-vulnerable components directly affect a nuclear plant’s power supply is yet another data point underscoring the urgent need to review and enhance seismic safety at US facilities.

But even before that nation-wide examination can take place, the damage to the shaken North Anna plant needs to be surveyed and analyzed so that Dominion might restart its reactors. What does Dominion need to show in order to get the thumbs up, what criteria need to be met, what repairs or retrofits should be required? To paraphrase the head of the NRC: Who knows?

In an interview last week, NRC Chairman Gregory Jaczko told Reuters it was unclear what the plant would need to show to resume operations because it is the first time an operating plant has sustained a beyond-design-basis quake.

As Hurricane Irene revealed the lack of national guidelines for what to do in the face of an approaching storm, the Virginia earthquake has shown that the United States has no regulatory regime for learning, analyzing, or acting on data from events that exceed the often-negotiated-down design parameters of its nuclear facilities.

In fact, the NRC does not even have a post-quake inspection protocol. Inspections of North Anna are being done according to procedural guidelines drawn up by the Electric Power Research Institute, “a nonprofit utility consortium that has inspected dozens of industrial plants hit by earthquakes around the world.”

Yes, the nuclear industry has written its own post-event checklist, and, in the absence of any other standard, is left alone to use it.

That sort of self-policing leads to some noteworthy analysis, like this from a nuclear industry attorney: “You shake something really hard, and it’s not designed to be shaken that hard — it doesn’t mean that it’s broken.”

But there is something even more disturbing, if that is possible, propagated by the weak regulations and weak-willed regulators. It leaves space for arguments like this one from that same industry lawyer:

The incident helps make the case for new-generation nuclear plants, which have additional safety features. . . . “If you can have a car from 2011 vs. a car from 1978, what are you going to put your toddler in?”

Beyond the fact that no one is actually suggesting the 1978 plants get traded in for newer models (just augmented with them), cars have to compete for consumer dollars in a way that nuclear plants do not. Nuclear plants could not be built, fueled, operated or maintained without massive subsidies, loan guarantees, and infrastructure commitments from the federal government.

Also of note, a 2011 automobile is safer and more efficient than a 1978 model because of government regulation. The auto industry has fought improvements like mandatory airbags, three-point restraints, and CAFE standards, but a strong government imposed those requirements anyway. And your toddler is safer in that car because the Consumer Product Safety Commission reviews the design of child car seats, and laws mandate their use.

Where the comparison does work, however, is that both represent a false choice. Just as a car is not the only way to transport a toddler, nuclear plants are not the only means by which to generate power. And in 2011, there are many more choices, and many safer choices, than there were in 1978.

Which recalls the important contrast between a country such as Germany–which, faced with a restive electorate and lessons to be learned from Japan’s misfortune, has made a commitment to not just trade in nuclear but trade up to renewable alternatives–and the US, where corporate influence and politics as usual have left the government with seemingly few options beyond willful ignorance and calcification.

Even without recognition of the Japan quake’s semi-anniversary, September 11 will probably be a tense day for most Americans, especially those with personal connections to the events of ten years ago. But while remembrance will be hard, it will mostly be so because of an event now relegated to history.

Residents of Japan, still living with an ongoing and ever-evolving threat, cannot so neatly define their anguish. And if there is a message to be found in this coincidental concurrence of dates, it perhaps springs from there. While Americans can debate what could have been done to prevent the attacks of 9/11/2001, it is a debate held in hindsight. For the Japanese dealing with the aftermath of their disaster, hindsight still seems like a luxury to be enjoyed very far in the future.

But, for the United States, a debate about what can be done to prevent a Fukushima-like disaster here is theoretically blessed, both because it is a debate that can be had before the next crisis, and because it is a debate that can be informed by events. And experience, science, economics and common sense are all pretty clear on what needs to be done.