House Postpones Witch Hunt While Nuclear Industry Awaits Results of Latest Power Play

The Salem Nuclear Power Plant is in New Jersey, not Salem, MA, but you get the idea. (photo: peretzp)

In case you were wondering what it was all about–“it” being the dealings of the Nuclear Regulatory Commission actually making the popular news for a few months–the House Committee on Energy and Commerce indefinitely postponed its Thursday hearing on the “politicization of the [NRC] and the actions and influence of Chairman Jaczko.” Gregory Jaczko, of course, announced his resignation on May 21, and President Obama nominated Allison Macfarlane as his replacement three days later.

Though stressing that his committee would keep an eye on the NRC, “including a full review of the inspector general’s pending report” on the “breakdown in collegiality at the commission,” Chairman Fred Upton (R-MI) did not schedule a new hearing.

And there is no apparent update from Darrell Issa (R-CA), chairman of the House Committee on Oversight and Government Reform, and, until about the third week of last month, one of the loudest and most persistent critics of workplace morale at the Nuclear Regulatory Commission. Before Jaczko’s resignation, Issa, too, was promising more hearings. Instead, Issa has turned again to attacking loan guarantees for renewable energy projects (and so, attempting. . . again. . . to make Solyndra an issue in the presidential election)–which also serves his masters (as in, largest campaign contributors) in the nuclear industry just fine, thank you.

Meanwhile, things are suddenly moving on the Senate side. Majority Leader Harry Reid (D-NV) has given a more public blessing to the suspected private deal discussed here during the weeks leading up to Jaczko’s move. Because Dr. Macfarlane is considered an opponent of the Yucca Mountain nuclear waste repository, Senator Reid has agreed to put aside his vocal objections to a second term for NRC commissioner Kristine Svinicki and advance both nominations toward confirmation as a pair. (Stopping Yucca, of course, has been one of Reid’s top priorities throughout his political career.) California Democrat Barbara Boxer, whose Environment and Public Works Committee will conduct the hearings on the NRC nominees, has sidestepped her own strong objections to Svinicki, and now says both the current and potential nuclear regulators should be considered before the end of the month.

So, there you have it–matters supposedly related to oversight of the nuclear industry and the safety of the American people have quite visibly taken a back seat to influence peddling and classic beltway horse-trading. In an era where even cynical deals are rarely struck, some might hail this move to quickly restock the NRC as something resembling bipartisan compromise (as if that were an end in itself). But success is not measured by the number of commissioners collecting government paychecks, it is seen in the actions of regulators who actually regulate.

In the wake of the ongoing Fukushima crisis, and in the presence of countless problems at a multitude of aging American nuclear plants, there is, indeed, much regulating to be done. But when one member of the NRC is forced out for vainly advocating the most minor of safety improvements, while another commissioner is rewarded with reappointment for consistently supporting the nuclear industry, the chances of the Nuclear Regulatory Commission regulating much of anything seem slim. It effectively defines “regulatory capture,” and practically guarantees that, no matter how fair or interpersonally gifted Dr. Macfarlane might be, the NRC will do little to police nuclear power.

As has been noted here on numerous occasions, the regulatory system is broken. Scientists, citizens, and lawmakers cannot “assume we have a can opener” and pretend a process exists to make commercial nuclear power clean and safe. The NRC may–may–have been created to provide oversight, but, in reality, it works instead to provide cover. Without an honest and active regulatory body, there is no credible argument for a “nuclear renaissance“–there is only the promise of another nuclear disaster.

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Power Play: Nuclear Regulatory Commission Chairman Jaczko Resigns after Push by Industry

Outgoing NRC Chmn. Jaczko testified before the House Committee on Oversight and Government Reform last year.

The Chairman of the Nuclear Regulatory Commission, Gregory Jaczko, submitted his resignation Monday morning. Chairman Jaczko, a former aid to Senator Harry Reid (D-NV) and Representative Ed Markey (D-MA) who holds a PhD in particle physics, was originally appointed to the NRC in 2005, and elevated to chairman in 2009. Jaczko said he will relinquish his post upon confirmation of a replacement.

Jaczko’s announcement is hard to separate from pressing questions about the safety of commercial nuclear power in the United States–especially in the context of the ongoing crisis in Japan–the debate over the future of the Yucca Mountain nuclear waste repository, signs of shifting power dynamics in Washington, and, perhaps most importantly, the influence of wealthy and well-connected private industry on public policy.

As has been discussed here before, Greg Jaczko has been at the center of an orchestrated controversy for much of the last year, with nuclear industry lobbyists, Republican members of Congress, and other NRC commissioners pressing for the chairman’s ouster. Representative Darrell Issa (R-CA), head of the House Committee on Oversight and Government Reform, has been an especially dogged critic of Jaczko, holding hours of hearings and serving as the driving force behind two inspector general reports on the allegedly hostile workplace environment at the NRC.

Issa, it must be noted, represents a district that includes the extremely troubled San Onofre Nuclear Generating Station (SONGS). The plant is currently offline as regulators try to determine the root causes of radiation leaks and rapid degradation of copper tubing used to move radioactive steam in and out of the reactors. The Orange County Republican has received copious campaign contributions from the companies that operate and maintain San Onofre.

Issa called hearings (while calling for Jaczko’s head) last year after the four other commissioners made public their letter to the White House complaining about Jaczko’s managerial style. The complaint revolved around a handful of issues that help explain the apparent urgency behind the anti-Jaczko putsch.

First, critics were upset about the way that Jaczko helped end work on the Yucca Mountain nuclear storage site. Yucca had proven problematic for a number of reasons–environmental, economic, security, and social–and had long been the target of Nevada politicians (most notably, Senate Majority Leader Reid), who felt their state had been dealt with unfairly in the original selection process.

The Obama administration had seemed to agree, and had the Department of Energy withdraw a request for the licensing of Yucca Mountain. In addition, very little money remained in Yucca’s budget, and no more has been approved.

But the nuclear industry desperately needs an answer to the problem (crisis, really) of long-term nuclear waste storage, and Yucca Mountain is the only site that has even been started. (It is nowhere near finished.) Without a place to move “spent” fuel and the other dangerous detritus of the process, nuclear power cannot realistically expand the number of rectors in the US, nor can it long continue to maintain and refuel those already in operation.

The nuclear industry, through its proxies in Congress and on the NRC, has complained that Jaczko didn’t allow advocates for Yucca to perpetuate the process. Most recently, a fight went public when President Obama nominated NRC Commissioner Kristine Svinicki for another term over the vocal objections of Senator Reid and his colleague Barbara Boxer (D-CA). Of special contention, the role Svinicki played in drafting the documents that called for the construction of the Yucca repository.

Second, the dissenting NRC commissioners complained that Jaczko used his emergency powers as chairman to guide US policy in the immediate aftermath of the earthquake and tsunami that caused a triple-meltdown at Japan’s Fukushima Daiichi nuclear power facility. Complainants seem especially upset that Jaczko recommended evacuation of American citizens from a 50-mile radius around the crippled nuclear plant–a call he made with the support of NRC experts and in coordination with the State Department. Radioactive contamination from Fukushima has, of course, been found across Japan, even beyond the 50-mile limit. (In the US, 65 percent of the population lives within 50 miles of a nuclear plant, and late in December, federal regulators moved to scale back requirements for evacuations and emergency drills around commercial reactors.)

In the wake of the initial accident, Jaczko sought recommendations for US nuclear safety. The Near-Term Task Force (NTTF) Review of Insights from the Fukushima Dai-Ichi Accident produced a collection of basic (and, as discussed here, rather weak) recommendations last summer. Chairman Jaczko tried to start the process of turning those recommendations into rules–a process that could stretch beyond five years–but met objections from each of the other four commissioners. Jaczko also wanted lessons learned from Fukushima included in construction and licensing permits granted to four AP1000 reactors (two to be built in Georgia, two in South Carolina), but the chairman was outvoted four-to-one by his fellow NRC members.

The third (and most often referenced) complaint fired at Jaczko was that he had created a “hostile work environment,” especially for women. Though Svinicki, the only woman on the commission, lamented Jaczko’s tone, the specific “charge” (if it can be called that) was brought by Commissioner William Magwood. Magwood said there were female staffers that Jaczko had brought to tears, though none of those women personally came forward (because, it was said last year, they did not want to relive the humiliation).

The story gained extra prominence when Senate Minority Leader Mitch McConnell (R-KY; Kentucky, by the way, home to a nuclear waste nightmare called Paducah) attempted to use this alleged incident to disrupt the rising narrative of the Republican “war on women.” McConnell and others from his side of the aisle took to the microphones to denounce the administration’s treatment of whistleblowers and praise the apparently brave and much put-upon Svinicki.

In what seems to be a rare case where the public’s relative lack of interest in nuclear regulation can be called a positive, McConnell’s gambit failed. . .

. . . at least in derailing the “War on Women” story. (It also probably owes much to the GOP actually continuing its war on women.)

But when it came to serving the nuclear industry, McConnell’s contribution to the ouster of Jaczko will likely be rewarded. . . with industry contributions of the monetary kind.

Chairman Jaczko’s resignation comes just before issues of his workplace demeanor would likely again dominate headlines (if, again, any story regarding nuclear regulation can be imagined to dominate this year’s headlines), as a second IG report on the NRC work environment is due next month, and Issa had already promised more hearings. But Jaczko’s announcement would likely not have come without the intervention or, at least, tacit blessing of Senator Reid. As mentioned, Reid has been Jaczko’s best friend on the Hill, and Jaczko has helped Reid and the Obama administration move away from making Nevada the final resting place for a country’s worth of hazardous nuclear waste.

After President Obama defied Reid’s private and public requests, and nominated Kristine Svinicki for another term as NRC commissioner, the Senator had a choice to make–and some political calculations to do.

While, to the nuclear industry, Jaczko represented an insufficiently pliant regulator–be it concerning NTTF recommendations, fire safety rules, or waste storage–to Harry Reid, the NRC chairman is most importantly a staunch opponent of the Yucca project. And Jaczko is the only one of the five NRC commissioners who meets that description. With Jaczko’s public image under attack and his ability to function as chairman challenged by the other commissioners and nuclear-friendly forces in Congress, questions of how much longer he could survive would have continued throughout the year. With that baggage, and with Senator Reid’s Democratic majority and possibly even his leadership position up in the air come November, there seems little chance that Obama would have shown Jaczko the same deference he did Svinicki and offered to nominate him for another term when the chairman’s current one expired in 2013.

As it is custom for NRC commissioners to be nominated in pairs–one from the Democrats, one from the Republicans–to smooth their paths to confirmation, Reid likely looked at Jaczko’s predicament, Svinicki’s nomination, and his own future and saw this as a moment to make some lemonade out of a crate of rotting lemons.

Act now, and Reid would play a prominent role in choosing Jaczko’s replacement–who could theoretically get confirmed alongside Svinicki for a full, five-year term–wait, continue to back Jaczko and fight the administration and the GOP on Svinicki, and the best Reid could hope for is a year of controversy over NRC personnel and an uncertain amount of influence in shaping the future of the Nuclear Regulatory Commission.

Indeed, current reporting is that the White House will move quickly to nominate Jaczko’s replacement (and rumors are it will be a woman), and that the administration is in consultation with Reid to choose someone he will help move through the Senate confirmation process. It is hard to believe Reid will look kindly upon any nominee interested in re-starting the Yucca Mountain process.

. . . timing

It is said that, in life, timing is everything. In politics, money probably keeps timing from cornering the be-all-end-all market, but timing has played a part in the NRC’s saga. As Reid hopes to use this moment to keep his objectives on course, the nuclear industry is trying to desperately to turn back time to an era where the term “nuclear renaissance” wasn’t said with a smirk and a glance eastward toward Japan.

As with Yucca Mountain, where atom-loving electeds and regulators scramble to get the federal government to take their waste–with its risks and expense–off of the nuclear industry’s hands, the threat of new safety rules (and their perceived expense) emerging from the post-Fukushima review also motivated a profit-centric industry to step up their efforts to remake the NRC in their own image.

As noted here in December, Darrell Issa’s public release of the commissioners’ letter complaining about Jaczko was oddly timed:

[T]hough the commissioners’ complaint was written and delivered to the White House in October, it was only made public by Rep. Issa last Friday. A slot usually reserved for news dumps seems like bad timing if Issa and his allies wanted to create a splash, unless you consider that Rep. Ed Markey (D-MA) had planned to release a report on Monday showing how NRC commissioners had coordinated with pro-nuclear legislators to slow or stop post-Fukushima safety reforms. Markey’s report (PDF) includes emails revealing commissioner Magwood and staffers for pro-nuclear Sen. James Inhofe (R-OK) worked together to discredit Jaczko for taking the lead on the US regulatory response to Fukushima.

And as reported in October, this behavior was not new for Magwood. During his time at the Department of Energy, Magwood held private meetings with top nuclear industry lobbyist Marvin Fertel. In December, Ryan Grim of The Huffington Post detailed–in a scenario eerily similar to what culminated this week–how Magwood and his industry friends worked behind the scenes to oust his superior at DoE.

It also deserves mentioning that between his time in the George W. Bush Energy Department and his appointment to the NRC by President Obama, Magwood formed the consulting firm Advanced Energy Strategies, whose clients included not only TEPCO, the nominal owner of Fukushima Daiichi (until the Japanese government finishes its bailout/buyout), but a veritable who’s who of the Japanese nuclear elite.

As discussed above, Jaczko was the only NRC commissioner who voted to include future post-Fukushima rules in the licensing requirements for new reactors in Georgia and South Carolina. Both those projects are still wanting for full financing, and Georgia’s reactors are already behind schedule and, as revealed recently, nearly $1 billion over budget. The last thing the industry wants to see are demands for pricy safety upgrades or reminders of all that can go wrong at a nuclear plant. Jaczko’s desire for inclusion of Fukushima “lessons learned” held out a threat (however weak) of both.

Weak in review

But it was the rather weak recommendations, the glacial pace of change, and the seemingly futile lone votes against four other commissioners in the nuclear industry’s hip pocket that also helped end Jaczko’s run as NRC chair.

Theoretically, election cycles are when elected officials are most responsive to public pressure, but what part of the public felt particularly compelled to fight on Jaczko’s behalf? As stated during an earlier act in this power play, the nuclear industry and its acolytes were never going to see Jaczko as anything but the enemy, but the chairman’s “moderate” response to the Fukushima moment, along with the continued granting of license extensions to aging nuclear plants, and his oft-repeated statements of faith in the broken regulatory process left Jaczko with no strong allies in the anti-nuclear movement. Between the ongoing Fukushima disaster and the dynamics of an election year, the timing could have been favorable for a regulator bold enough to dare to regulate.

Instead, Chairman Jaczko, who no doubt saw his split-the-middle path as a reasonable one, was left alone to watch as his colleague, Bill Magwood, helped orchestrate a coup, and as his benefactor, Harry Reid, moved to cut his losses. For America, however, losses have not been cut–nuclear power is still a perpetual economic sinkhole and a looming ecological disaster–and no matter how the politicians try to massage the regulatory process, the science that makes nuclear power so untenable remains constant.

Constant, too, is the global trend–most of the industrialized world is turning away from this dirty, dangerous, and exorbitantly expensive way to boil water. Jaczko’s chairmanship of the Nuclear Regulatory Commission may be at its dénouement, but that does nothing to magically create a nuclear renaissance. The good and bad news here is that all of nuclear power’s problems are just as real and just as pressing, with or without Greg Jaczko.

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

(low resolution movie poster reproduction via wikipedia)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

But it doesn’t. Not even temporarily.

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

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

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

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

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

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

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

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

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

Obama Sides with GOP Against Reid in Battle over Nuclear Regulator

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

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

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

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

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

Don’t open that mountain, Fibber

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

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

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

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

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

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

So what’s a nuclear industry to do?

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

New coup review

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

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

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

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

Elections have consequences

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Watch this space

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

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

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

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

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

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

* * *

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

The Party Line – December 30, 2011: The Party Line, Nuclear Style

As we close out 2011, readers of this space will likely not be surprised to hear the following:

  • The crisis at Japan’s Fukushima Daiichi nuclear facility continues and continues to poison the planet;
  • Accidents and events at nuclear reactors across the United States continue at a headshaking pace (something goes wrong somewhere pretty much weekly);
  • The nuclear industry continues its full-court press against any new safety rules that might spring from lessons learned from Fukushima or the domestic events;
  • Industry-friendly regulators continue to help slow-walk new rules while also working with allies in Congress to oust the slightly more safety-minded Nuclear Regulatory Commission chair, Gregory Jaczko;
  • Chairman Jaczko continues to hope his faith in a moderate path and a captured regulatory agency will guarantee a safe nuclear future and help save his job; and
  • All of this has happened before.

Last point first: Ryan Grim has a great follow-up on this month’s attempted coup at the NRC–where four commissioners, in coordination with members of congress and nuclear industry lobbyists, have gone public with complaints about the NRC chairman, Greg Jaczko. While the commissioners have stopped short of calling for Jaczko to step down, several GOP congressmen are pressing for just that result.

As Grim reports in the Huffington Post, the effort to oust Jaczko not only continues in the wake of two congressional hearings on the matter, the whole ugly putsch closely resembles moves in the 1990s to discredit another regulation-minded nuclear regulator. And the stories even include some of the same players.

Like with the current “scandal,” the plot is not a simple one to summarize (so please read Grim’s detailed story), but the highlights include a former National Resources Defense Council scientist, Terry Lash, who was appointed by the Clinton administration to run the Department of Energy’s Office of Nuclear Energy, his deputy, one William Magwood, and a staffer for the very nuke-industry-financed Sen. Pete Domenici (R-NM) named Alex Flint.

Thanks to an exploited possible gaffe in protocol and the coordinated work of Domenici, Magwood and Flint, Terry Lash was eventually pushed aside. And Magwood would take over the nuclear division at DOE, first as acting director, and then, under George W. Bush, as the office’s permanent head.

And yes, you’ve read two of those names here before. Bill Magwood is a commissioner at the NRC, a former consultant to the nuclear industry, and one of the most vocal critics of Chairman Jaczko. Alex Flint has run through the classic DC regulatory revolving door, moving between Senate staffer, nuclear industry lobbyist and back, most recently settling in as the top lobbyist for the Nuclear Energy Institute (NEI), the industry’s largest trade association.

The story is as troubling as it is tired. A government agency manipulated by the industry it is supposed to regulate. An industry, protected by bought politicians, avoids accountability while profiting from government largess. Some of that profit is then turned around to lobby and buy another administration’s worth of officials.

And an agency chief who is maybe too slow to realize that the industry and its surrogates will work relentlessly to undermine him and the regulatory body he tries to command.

The lessons here seem obvious and familiar. . . and yet they seem to be lost on so many.

It has been all-too-rare to see broad coverage of the US nuclear industry in the establishment press, yet, during the first week of December, nearly every news organ was Johnny-on-the-spot, repeating the industry storyline. Gregory Jaczko, it seems, was a temperamental leader, so difficult to work with that the NRC’s mission had been compromised.

Beyond the unremarked upon humor inherent in seeing Republican Senators and Representatives suddenly so concerned with nuclear safety, Jaczko himself provided under-reported frame-relief by proving so difficult to work with that he was able to secure the NRC’s unanimous approval of the new Westinghouse AP1000 reactor (despite some very serious concerns about that design and no financial support for construction without billions in federal loan guarantees). And the rest of the commission was able to out-vote Jaczko, four to one, to fast-track the construction and licensing of the new reactors, slated for plants in Georgia and South Carolina.

But perhaps most remarkable is that despite the industry push-back and power-politics, Jaczko still seems to think and act as if nuclear power can be regulated to a safe and prosperous future. The viciousness of the industry attacks and the seriousness of the events of nuclear’s annus horribilis should really disabuse him of that notion.

And the horrible year is not yet over. The last two weeks have seen the first of the debris from the Japanese tsunami hitting US shores, Pacific seals being tested after showing up in Alaska with skin lesions and other symptoms consistent with radiation poisoning, and a report from the International Journal of Health Services linking some 14,000 excess deaths in the US to the fallout from the Fukushima reactors.

Then there is the Japanese interim report on their nuclear disaster describing a regulatory agency unable and unwilling to take control of the crisis. There is the Tokyo Electric Power Company (TEPCO) contention that they are not legally responsible for fallout once it lands on someone else’s property. And here in the United States, there was a valve leak at Mass Pilgrim, a condenser leak at New York’s Fitzpatrick plant, and an event at Vermont Yankee where both of the cooling system’s backup power generators were offline at the same time.

Still, the nuclear industry pushes the notion of an impending nuclear renaissance. It wasn’t true before Fukushima, and it certainly isn’t true after, but with even their supposed nemesis on the NRC helping them build new reactors and relicense old ones, why not keep working the system?

As noted here (but few other places), the December hearing before the Senate Environment and Public Works Committee that was so dominated by the Jaczko cause célèbre was originally scheduled months earlier to track the progress of recommendations from the Fukushima taskforce. An August admonition from Sen. Barbara Boxer (D-CA) seemed to move the commissioners to put some of the recommendations on what passes for a fast track at the NRC, but even that has now been reversed by a majority of commissioners who voted themselves the ability to reject the very rules they previously ordered up. But all the attention in oversight hearings has been focused on Jaczko and his management style–learning the lessons of Fukushima and how that might improve US nuclear safety has been less than a footnote.

So, though Jaczko continues in his job with the public support of the White House, the nation’s regulatory agenda has already been altered. The nuclear industry may not yet have their head, but they’ve demonstrated they own the body.

And now a new year is upon us. The flip of the calendar will not wrap up the Fukushima disaster any more than it will end the parade of lesser events at American nuclear facilities. The nuclear industry will not decide to embrace safety upgrades and stricter regulation any more than the financial community will embrace nuclear power as a good risk. And no matter how many moves Gregory Jaczko makes in the direction of Bill Magwood or his industry masters, neither will ever like him. . . or consider calling off their well-practiced campaign to oust him.

Happy New Year.

Regulatory Meltdown Goes Nuclear: Will Attacks on NRC’s Jaczko Kill Post-Fukushima Upgrades?

NRC Chmn. Jaczko testified Wednesday before the House Committee on Oversight and Government Reform.

If you like politics as blood sport, this is great stuff. On the other hand, if you worry about people, their lives, their health, how their money is spent and how their government protects their lives, their health and how their money is spent, well, then, this sucks.

If you had been waiting for the three-month follow-up to the Senate Environment and Public Works committee hearing on the Fukushima Near-Term Task Force recommendations–the one Sen. Barbara Boxer (D-CA) promised in August at the last hearing on this issue of vital importance to US nuclear safety–well, that hearing was yesterday, Thursday, December 15. . . and whether you watched them or not, you are still waiting.

Though this hearing was, indeed, scheduled months ago, and was introduced Thursday by Boxer with the insistence that the committee should focus on the progress of post-Fukushima lessons learned, the Senators instead behaved much like some of their House brethren had the day before, spending over two-and-a-half hours debating whether Nuclear Regulatory Commission chairman Gregory Jaczko was either a bad chairman. . . or the worst chairman ever.

As has been detailed so many places, the four other NRC commissioners sent a super-complainy letter to the White House essentially accusing Jaczko of making decisions they disagreed with. . . oh, and yelling, banging his gavel, and causing three unnamed female NRC employees to cry. Not to belittle any real problems with real bullying, harassing, martinet bosses, but given the context–seeing this letter “leaked” by House Oversight and Government Reform Chairman Darrell Issa (R-CA) just before the scheduled release of a report (PDF) from Rep. Ed Markey (D-MA) accusing members of the NRC (most notably industry loyalist and Obama appointee Bill Magwood) of conspiring to slow-walk and/or submarine safety upgrades that Jaczko wanted to see adopted after the Fukushima disaster–it is hard to see this dustup as anything but a distraction and a witch hunt.

And it is hard to see the Representatives and Senators (all of them Republican) who spent the last two days berating Jaczko as anything but clumsy puppets of a nuclear industry hell-bent on seeing that nothing more is required them, memorable nuclear nightmare or no.

Look no further than Rep. Issa’s introductory statement at his Wednesday hearing, in which he so badly butchered the names of four of the five NRC commissioners seated in front of him. Issa did OK with “Magwood,” but the verbal Play-Doh that he substituted for “Jaczko,” “Svinicki,” “Apostolakis” and “Ostendorff” demonstrated either a purposeful slight of those “fereign” soundin’ names, or a complete and total ignorance of the matter at hand.

Now, I will cop to having botched the pronunciation of Chairman Jaczko’s name (I now have it on good authority that it is pronounced YAHTZ-ko), but in my defense, I was just going by what I heard on radio and television. Issa, on the other hand, should, in his role as a House member tasked with oversight of the NRC, and as a man who has pushed this apparent scandal as the single most important thing confronting nuclear regulation right now, have a familiarity if not a close working relationship with these people. His demonstration that he did not seemed to say that rather than have any deep knowledge of the matter at hand, Issa was likely just reading what had been placed in front of him by folks who had paid for the right to put words in the mouth of a US Congressman.

Now, as has been mentioned before, it is hard to find the energy to go to the mat for Chairman Jaczko, who may be the most liberal commissioner at the NRC, but is still not seizing this Fukushima moment and truly rethinking US nuclear policy. Perhaps Kevin Kamps of Beyond Nuclear put it best: “He’s not ‘our guy’ by any means, he has voted to re-license plants that should probably be shut down. But he does care about safety, in ways that the others do not.” It is hard not to wish that Jaczko were the worst commissioner at the NRC instead of the best. But it is easy to be outraged by what has happened to Jaczko, and more importantly, what has happened to the fight to improve the safety of America’s nuclear facilities.

And it was hard, while watching the House and Senate hearings within the boundaries of a TV screen, not to think you were seeing some colorized clip from the McCarthy era. The innuendo, character assassination and countless hours of self-righteous grandstanding from Republicans that all-of-the-sudden were oh-so-concerned about supportive work environments and reactor safety went beyond politics-as-usual–it was business as usual, and politics as business. A naked power play by an entrenched, privileged, presumptuous and protected industry.

But now what? This round goes to the nuclear industry–hats off–they made a week that should have been about following up on Fukushima taskforce recommendations, and made it instead about the regulator that dared to regulate. Big nuclear put reformers on their heels at a time when the literal and political fallout from Fukushima should have nuclear apologists running for the hills.

But this is far from over. Darrell Issa, Sen. James Inhofe (R-OK), commissioners Magwood, Svinicki, Ostendorff and Apostolakis, and the nuclear lobby that buttresses all of them will not stop here. The two days of hearings may have ended with a plea for a bunch of smart and dedicated public servants to “work it out,” but watching the events of the last week (and reading the emails included in Markey’s report) make it clear this is not just a war on Jaczko, this is a war on regulation. It may look on the surface like so much bread and circuses, but big nuclear’s henchmen are prepared to feed Christians to the lions all day long. Pro-nuclear forces will accept nothing short of an unobstructed path to privatized profits with socialized risks.

So, the ball’s in your court, Chairman Jaczko. Will you try to give the industry some of what it wants–go ahead with approval of the new AP1000 reactors, the restart of derelict facilities like Davis-Besse and Crystal River, and the relicensing of aged, Fukushima-class plants–in the hopes that somehow this will make the masters of the nuclear universe like you more? Or will you stand fast, indeed, stand faster–pause the relicensing, stop new construction, accelerate post-Fukushima safety upgrades–and stare down the lobbyists and wholly owned elected officials?

If they want to pose as Joe McCarthy, then you, Chairman Jaczko, channel your inner Joseph Welch: “Have you no sense of decency, sir, at long last? Have you left no sense of decency?”

Thanks to a rare alignment of personal interests and election-year politics, it appears the White House has the NRC chairman’s back (at least for now)–Jaczko should use the opportunity to look forward.

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

NRC, nuclear

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

. . . .

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

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

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

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

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

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

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