Obama Taps Allison Macfarlane as New Head of Nuclear Regulatory Commission

Seal of the US Nuclear Regulatory Commission (via Wikipedia)

President Barack Obama has nominated Allison Macfarlane to be the new head of the Nuclear Regulatory Commission. Macfarlane is currently an associate professor at George Mason University in Fairfax, VA, and was part of Obama’s Blue Ribbon Commission on America’s Nuclear Future, a panel that was, among its responsibilities, asked to examine how the country should deal with its growing nuclear waste storage crisis. She holds a PhD in Geology from MIT.

If confirmed by the Senate, Macfarlane will replace Gregory Jaczko, who announced his resignation Monday after months of pressure from the nuclear industry and their friends in government.

As predicted, in choosing Macfarlane, Obama tapped someone who is on record as opposed to the Yucca Mountain nuclear waste repository. Macfarlane quite literally wrote the book on the subject–she is the editor (along with Rodney Ewing) of Uncertainty Underground: Yucca Mountain and the Nation’s High-Level Nuclear Waste, a review that is predominantly very critical of the choice of the Yucca site. Because confirmation has to move through the Senate, it would need the consent of Majority Leader Harry Reid (D-NV), a longtime opponent of the Yucca project.

But Macfarlane could not be labeled an opponent of nuclear power. Indeed, Kate Sheppard of Mother Jones cited MacFarlane’s own words in which she called herself a nuclear “agnostic”:

In terms of nuclear energy, I would describe myself as an agnostic. I’m neither pro-nuclear or anti-nuclear. I think nuclear has been doing a good job in the United states and some other industrial countries at providing a good, reliable energy, and they’ve been improving on that. At the same time, I think I think in terms of an expansion in nuclear power over the next 50 years or something, nuclear has lot of liabilities and I don’t know if it can get over them.

If Macfarlane has objections to the expansion of commercial nuclear power, it would seem to be based on the cost–as she explained in a 2007 MIT lecture–and issues of waste storage.

To that second problem, Macfarlane is on record as favoring so-called interim solutions. As explained to me by Beyond Nuclear’s Kevin Kamps, who has met with Dr. Macfarlane, the NRC nominee thinks dry cask storage is “good enough” for now, and is in favor of “centralized interim storage”–a plan to collect spent fuel form the nation’s nuclear plants and move it to a handful of regional, above-ground storage facilities until some unspecified time in the future when a long-term program is completed.

Sites rumored for possible interim storage facilities include the Utah desert, the Savannah River Site in South Carolina, and the Dresden nuclear facility in Illinois. The state governments of New Mexico and Arizona have also made moves to request they be considered as repositories for nuclear waste.

The problems with dry casks and centralized interim storage are many. Kamps, a longtime critic of standard dry cask storage, notes that current dry casks are built to shield workers from radiation, but not designed to withstand long-term exposure to the environment or to survive a hostile attack. Some of the nation’s casks already show signs of wear, cracking, and corrosion. Beyond Nuclear recommends hardened dry casks–something different from standard casks–for this level of storage. Kamps was unsure what Macfarlane’s position was on requiring hardened dry casks.

There are massive security concerns around the idea of centralized interim storage, too. Not only would the facilities themselves be potential targets for terrorist attack, the transportation of nuclear waste would be vulnerable. And, it should be noted, as currently conceived, centralized sites would necessitate transport of waste through densely populated areas over insecure stretches of rail lines.

Kamps was also dismayed over Macfarlane’s enthusiasm for the Onkalo spent nuclear fuel repository in Finland. The underground facility, still under construction on Onkiluoto Island, has come under scrutiny by nuclear watchdogs for some of the same reasons critics worry about Yucca Mountain.

Macfarlane is on record, however as concerned about the overcrowded spent nuclear fuel pools that sit next to the nation’s fleet of aging reactors. In a 2003 paper, co-authored with Bob Alvarez and others (PDF), she issued this dire warning:

Because of the unavailability of off-site storage for spent power-reactor fuel, the NRC has allowed high-density storage of spent fuel in pools originally designed to hold much smaller inventories. As a result, virtually all U.S. spent-fuel pools have been re-racked to hold spent-fuel assemblies at densities that approach those in reactor cores. In order to prevent the spent fuel from going critical, the fuel assemblies are partitioned off from each other in metal boxes whose walls contain neutron-absorbing boron. It has been known for more than two decades that, in case of a loss of water in the pool, convective air cooling would be relatively ineffective in such a “dense-packed” pool. Spent fuel recently discharged from a reactor could heat up relatively rapidly to temperatures at which the zircaloy fuel cladding could catch fire and the fuel’s volatile fission products, including 30-year half-life 137Cs, would be released. The fire could well spread to older spent fuel. The long-term land-contamination consequences of such an event could be significantly worse than those from Chernobyl.

Of course, recent events in Fukushima have shown Macfarlane et al to be eerily on target. No doubt, Macfarlane would at least like to see spent fuel moved out of pools (even if it is to dry casks) to bring the density down to original design parameters. Whether Macfarlane will feel inclined to push the nuclear industry in this direction is another matter. Kevin Kamps estimates that moving spent fuel from pools to dry casks would cost roughly $100 million per facility, and cost has been a principle reason nuclear operators have dragged their heels on transferring older spent fuel to dry storage. To date, about 75 percent of the nation’s spent fuel remains in liquid pools.

Heartening, too, when it comes to this mother lode of radioactive waste, is word that Allison Macfarlane has been critical of nuclear fuel reprocessing. As discussed here many times, reprocessing is expensive, energy intensive, and actually creates more nuclear waste, not less.

The nomination of Macfarlane no doubt signals a deal between Sen. Reid and the White House. Reid, for his part, praised Macfarlane, and announced plans to hold confirmation hearings alongside those for Kristine Svinicki, the sitting NRC commissioner re-nominated by Obama but publicly opposed by Reid. According to the Majority Leader, both nominations will be considered next month.

Given that Macfarlane has not given her unwavering support to everything the nuclear industry wants, questions remain about the ease with which Macfarlane’s nomination will move through the Senate. While it is hard to dismiss the possibility that some GOP Senator will place a hold on Macfarlane–it is, like with the scorpion, in their nature–it should be noted that the nuclear industry’s biggest lobbying group has called for both Svinicki and Macfarlane to be confirmed:

The Nuclear Energy Institute, an industry group, called Macfarlane “an active contributor to policy debates in the nuclear energy field for many years” and urged the Senate to confirm her nomination as soon as possible.

“It would not serve the public interest to have her nomination linger,” the group said. “We urge the Senate to confirm both Commissioner Svinicki and Professor Macfarlane expeditiously.”

Watch this space, as they say.

As noted with the news of Jaczko’s resignation, the problems of nuclear power transcend the role of any individual. The dirt and danger–and most notably the costs–that come with nuclear power do not change with the personnel of the NRC. And, though it seems hard to imagine, the problems of regulatory capture loom even larger. The only reason Macfarlane is being discussed is because the nuclear industry grew tired of Gregory Jaczko. That the industry and their political pals were successful in pushing out one regulator cannot bode well for another that is in the least bit inclined to regulate.

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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.

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.