NRC Vogtle Reactor Approval Should Blow Lid Off Nuclear Finance Scam

Work is well underway on the Vogtle Unit 4 turbine building. The bottom of the Unit 3 containment vessel can be seen in the background. (photo via the Southern Company)

The Nuclear Regulatory Commission’s Thursday vote to approve the combined construction and operating license application (COLA) for Southern Company’s Plant Vogtle cleared the way for adding two AP1000 nuclear reactors to the two existing units near Augusta, Georgia, but it should also shine a light on the elaborate shell game that masquerades as nuclear-powered electrical generation.

Coming almost exactly two years after the Obama administration granted the project $8.33 billion in federal loan guarantees, the NRC’s OK for the project did not signal a groundbreaking at Vogtle. Thanks to a redefinition of what constitutes construction, drafted under a former NRC commissioner who now works for the nuclear industry, Southern started building on the site long before the AP1000 reactor design was finally approved by the NRC last December. And foundations were poured into the Georgia earth before environmental impact surveys were even required to be filed. So, Thursday’s move did not actually start construction, but it did start the roulette wheel turning on a massive financial gamble where Southern Company is pretty much assured of winning, and US taxpayers and Georgia utility customers are guaranteed to lose.

How much those Americans who don’t happen to own a power company will lose is an issue of some question–a question that the Department of Energy and Southern Company is making very hard to answer.

As this month marks two years since the government agreed to the loan guarantees, it will mark almost as long a time since the Southern Alliance for Clean Energy (SACE) filed a Freedom of Information Act (FOIA) request for the details of the deal the DOE struck with Southern Co., and thus it also marks almost two years of stonewalling by the Obama administration and the energy consortium:

To date, DOE has produced heavily censored documents that have provided little or no information in an effort to frustrate any analysis that would be useful to taxpayers. Based on the limited information produced to date, it appears that the power companies had to put almost no “skin in the game,” only promising to pay a token credit subsidy fee of what could be as little as 0.5 or 1.5 percent of the total loan principal.

Perhaps the once-pledged-to-be-the-most-open-in-history-but-now-proving-to-be-just-as-secretive administration thinks it can hide behind the idea that it is only a guarantee, and, at that, a guarantee of a private business plan, but that would be doubly troubling.

The DOE has indeed tried to use the confidential business argument, but Mindy Goldstein, acting director, Turner Environmental Law Clinic at Emory University School of Law, who is representing SACE in its FOIA case, explains just how disturbing that argument is:

DOE claims that the loan guarantee terms and credit subsidy fee estimates are confidential and may only be viewed by Georgia Power and its utility partners. Let’s hope DOE is wrong. For such information to be withheld as confidential, it must have been obtained from the utilities themselves. If the power companies are literally writing their own guarantees and credit subsidy fee estimates, the Loan Guarantee Program is more flawed than anyone could have imagined.

Alas, given the long history of industry representatives “helping” the DOE and NRC draft their regulations, Goldstein’s legal conundrum isn’t hard to imagine as the actual state of affairs.

And neither the government nor the taxpayer should take comfort from the guarantee angle:

Private lenders have declined to finance new reactors because of the enormously high cost of new nuclear power and the substantial risk that any such investment will fail. In 2003, the Congressional Budget Office (CBO) estimated that the chance of a loan for new nuclear reactor construction resulting in default would be “very high – well over 50 percent.”

And for the folks at Vogtle, the risk is likely much higher. The two reactors now at the Georgia site took over 15 years to complete, came in 1,200 percent over budget, and resulted in an enormous rate hike for Georgia power consumers.

The fact that even with taxpayers already shouldering the risk ratepayers are also on the hook is the remarkable second slap in the face that comes with the nuclear power con:

[Southern’s subsidiary and largest utility, Georgia Power] customers already are paying down the [Vogtle] project’s financing costs through a fee that will increase to $8.74 a month by 2015. The fee will end once reactors start producing power in 2016 and 2017.

Well, the fee is supposed to end when the reactors start producing power, which is supposed to be in 2016 and 2017. But no nuclear project comes in on time or on budget–and as was just noted, history is not Vogtle’s friend here–and not only will ratepayers continue to cough up cash while construction drags on, it is certainly not unprecedented to see them continue to get fleeced for overruns after the plants are finished (just ask the good citizens of Florida).

These, of course, are just the costs incurred if everything goes more or less right. And these, of course, are just the costs of building the reactors–it has nothing to do with the fueling, the maintenance, the waste removal and clean up should anything get, you know, “unusual.” But since the taxpayers and ratepayers pretty much built the new reactors for them, those costs should come out of Southern Co/Georgia Power’s profits once they start charging for the actual power, right?

Uh. . . wrong. As George W. Bush was headed out the door, he made sure that the Department of Energy would be liable for all costs from any high-level radioactive waste generated at the new Vogtle units. And, of course, as is true for all facilities in the US, the Price-Anderson Act indemnifies the industry against claims arising nuclear accidents.

And the Nuclear Regulatory Commission’s approval–coming when it does–does nothing to make those accidents less likely. The NRC voted for Vogtle’s COLA over the objections of its chairman, Greg Jaczko, who thought safety rules that should come from the post-Fukushima recommendations should have been stipulated as essential to any new license. And the AP1000’s design, which Toshiba-Westinghouse likes to tout as safer than its close cousin, the pressurized water reactor, is suspected to be anything but.

Meanwhile, trouble at nuclear reactors worldwide continues apace. At Japan’s Fukushima Daiichi, unit two, which was said to have been brought to a “cold shutdown” in December, has experienced what is called a “re-criticality”–in other words, the temperature inside the ruptured containment vessel has begun to rise again, up more than 20 degrees Celsius since February 1. Officials from Japanese power company TEPCO have done a poor job of explaining why this might be happening or what it might mean for the future, but they do admit to the necessity of increasing the amount of water and boric acid pumped into the damaged reactor to counteract the warming. And, since there are holes and cracks in the reactor vessel, that means more radioactive waste water pouring out of the building and into the basements and surrounding plant grounds–more water on top of the 95,000 cubic meters already believed to be there, and on top of the 220,000 cubic meters that TEPCO has claimed they “processed” (and then dumped back into the environment).

And something else quite troubling has been observed in Japan–bird populations in Fukushima prefecture have taken a bigger dip than was expected from studies of similar species around Chernobyl after that nuclear disaster.

Speaking of the former Soviet Union, there was a fire last weekend at the Alikhanov Institute of Theoretical and Experimental Physics in southwestern Moscow. The building contains an atomic collider and is home to Russia’s very first heavy water reactor, built in the 1940s, and now decommissioned. Government officials said there was no danger of a radiation leak, but others, like Greenpeace Russia, beg to differ.

Back in the USA, the San Onofre plant remains completely shutdown after one reactor was found to be leaking tritium on January 31. Meanwhile, the other reactor, offline for refueling and repairs since January 9, was discovered to have alarmingly excessive wear inside its almost new turbine tubes.

And at Prairie Island, a nuclear facility in southeastern Minnesota, Xcel Energy has copped to two separate toxic chemical and radiological spills. One happened last November, but Xcel did not alert residents of the Prairie Island Indian Community–a whopping 600 yards from the power plant–till last week. The second happened just last Friday, February 3, but Xcel waited to give notice till Monday because the leak happened “‘after business hours’ just before the weekend.”

This is but a small sample–less than a week’s worth–of the nuclear world the NRC has now voted to expand. With each of these items should come a list of questions and a cavalcade of caution, but the NRC’s rulings on the AP1000 have defied the facts on the ground. Meanwhile, the entire federal government seems hell-bent on ignoring the fiscal realities, instead choosing to guarantee that money flow from the pockets of taxpayers into the coffers of nuclear energy corporations, whether or not those corporations ever provide a kilowatt of power to those taxpayers.

It is a sad state of affairs–that almost goes without saying–but perhaps sadder is the relative silence around such a multi-layered scandal.

Political activists were rightfully outraged when the Bush administration fought tooth-and-nail to keep the minutes of Vice President Dick Cheney’s energy task force secret. Now, aside from the good people at SACE, who else is working to uncloak an equally secretive–and equally offensive–Obama energy deal?

Some look to leverage a scandal off the failure of Solyndra–but the loan guarantees to Southern Company are over 15 times larger than those made to the small solar manufacturer, and frankly, even today, more risky. (Solyndra may have failed, but its assets can and will be sold, and its plant will be repurposed. Very little of that potential exists for a failed nuclear endeavor.)

Many who are outraged by the bailouts of the banks should see each of these nuclear facilities as a little version of the same “socialize the risk, privatize the profit” model. A nuclear facility might only lose billions of dollars instead of trillions, but as Everett Dirksen observed in a cheaper era, “A billion here, a billion there, pretty soon you’re talking real money.”

And, of course, nuclear failures aren’t just toxic to the economy, they are toxic to the environment, too.

And for those that think this week’s $25 billion settlement with the five big financial institutions guilty of mortgage fraud is somehow a grand amount–just remember that you can’t get two new nuclear power stations for that. . . and after typical delays and cost overruns, $25 billion likely won’t even get you one.

So, take a good look at what is happening in Georgia–even if the Obama administration and the Nuclear Regulatory Commission won’t. . . even if the Obama administration and the NRC don’t want you to. The nuclear industry, its acolytes, its lackeys, its supplicants and subordinates want to make the Vogtle reactors the first of many, the first of an irresistible nuclear renaissance, the start of a hard-charging, government-subsidized pushback–against activists and environmentalists, sure, but in reality, against the truth.

The truth, of course, is that without the lobbyists and the grease they spread, without the captured regulators and the purchased elected officials, the nuclear industry would be relegated to the past, right alongside its antiquated technology. The truth is that nuclear power is not clean, nor safe, nor too cheap to meter–it is dirty, dangerous, and a financial sinkhole of epic proportions. Banks and investment houses know it, ratepayers in Georgia and Florida know it, many of the residents of Japan know it, and even the government of Germany knows it–and now you know it, too. Now is the time to make sure your representatives in government–your president, your members of Congress, your state and local officials–know that you know it. Now is the time to stop this boondoggle and bailout, and then get to the business of safely uncoiling the nuclear serpent’s grip on our leaders and our imaginations. The AP1000 is not a first glimpse of the future, it is the last gasp of the past–and the sooner we stop subsidizing the old ideas, the sooner we can start investing in some new ones.

The Party Line – December 2, 2011: Nuclear’s “Annus Horribilis” Confirms Its Future Is in the Past

In the immediate aftermath of the Japanese earthquake and tsunami that triggered the horrific and ongoing disaster at the Fukushima Daiichi nuclear power generating station, President Barack Obama went out on a bit of a limb, striking a tone markedly different from his fellow leaders in the industrialized world. Speaking about Japan and its effect on America’s energy future–once within days of the quake, and again later in March–the president made a point of reassuring Americans that his commitment to nuclear power would stay strong. While countries like Germany and Japan–both more dependent on nuclear power than the US–took Fukushima as a sign that it was time to move away from nuclear, Obama wanted to win the future with the same entrenched industry that so generously donated to his winning the 2008 election.

But a funny thing happened on the way to winning our energy future–namely, our energy present.

As November drew to a close, an article on AOL Energy (yes, it seems AOL has an energy page) declared 2011 to be “nuclear’s annus horribilis“:

March 2011 brought the 9.0 magnitude earthquake off northeastern Japan that sparked a tsunami whose waves may have exceeded 45 feet. Tokyo Electric Power Company’s oldest nuclear station, Fukushima Daiichi, apparently survived the earthquake, but its four oldest reactors didn’t survive that wall of water. Nuclear experts are still figuring out what all went wrong, and tens of thousands still haven’t returned home as Japanese authorities try to decontaminate radioactive hot spots.

In April, massive tornadoes that devastated the southeast swept near the Tennessee Valley Authority’s Browns Ferry plant.

In June, droughts sparked wildfires across the Southwest, including one that threatened the Los Alamos National Laboratory, where nuclear weapons materials are stored.

June also brought record floods across the upper Midwest. For weeks Omaha Public Power District’s Fort Calhoun nuclear plant was essentially an island.

August saw the 5.8 magnitude Virginia earthquake just 11 miles from Dominion Energy’s North Anna plant. The plant shut safely, and returned to service mid-November after extensive checks found no damage even though ground motion briefly exceeded the plant’s design.

That list, as readers of this space will no doubt note, is far from complete. This year has also seen serious events at nuclear plants in California, Maryland, Michigan, New Hampshire and Ohio. But, perhaps even more troubling is the strangely positive tone of the piece.

Despite its ominous headline, it seems the message is: “Yeah, lots of nasty business in 2011, but 2011 is almost over. We got through it and no one died (at least no one in the US), so. . . problem solved!” It’s an attitude absurd on its face, of course, the passage of time is not the friend of America’s aging nuclear infrastructure–quite the opposite–but it is also a point that can’t survive the week in which it was made.

Take North Anna, for example. Yes, it is true that the NRC signed off on a restart in the waning hours of November 11, but the two generators at Dominion’s plant were not back at full power till November 28 because there was indeed damage–some of which was not discovered until after the restart process began.

A week earlier, a fire at Ohio’s crippled Davis-Besse facility cut ventilation to the reactor control room. A faulty valve in a pipe sending water to the reactor core leaked on an electrical switchbox, triggering an electrical arc, which started the fire. This could have been a potentially catastrophic emergency. . . had the reactor not been shut down seven weeks earlier to replace an already once previously replaced, corroded, 82-ton reactor lid. This “transplant operation” revealed a 30-foot crack in the concrete shield building that will require a separate repair program. . . which will in no way be completed before the end of the year.

The day after that fire, November 20, the St. Petersburg Times reported that Progress Energy’s Crystal River nuclear power plant in Citrus County, Florida, had discovered a 12-foot by 4-foot crack and crumbled concrete in its containment building in late July, but failed to notify the Nuclear Regulatory Commission. This was a patently intentional omission, as Progress Energy was already reporting to the NRC about repairs to two other major cracks in the same building dating back to October 2009 and March 2011.

The Crystal River story is long and sordid. The containment building cracked first during its construction in 1976. That crack was in the dome, and was linked to a lack of steel reinforcement. Most nuclear plants use four layers of steel reinforcement; Crystal River used only one. The walls were built as shoddily as the dome.

The latest problems started when Crystal River needed to replace the steam generator inside the containment building. Rather than use an engineering firm like Bechtel or SGT–the companies that had done the previous 34 such replacements in the US–Progress decided it would save a few bucks and do the job itself.

Over the objections of on-site workers, Progress used a different method than the industry standard to cut into the containment building. . . and that’s when this new cracking began. It appears that every attempt since to repair the cracks has only led to new “delamination” (as the industry calls it).

At this point, most have determined that the best plan going forward is to tear down the substandard structure and build a properly reinforced new one, but Progress thinks they have a better idea. Crystal River’s operator is trying to replace the wall panels–all six of them–one by one.

Funny enough, the cost of this never-before-tried retrofit is about the same as the cost of a whole new building. But the full rebuild would take more time–and there’s the rub.

Every day that Crystal River is offline costs Progress money because they have to buy energy to replace what they agreed to provide to the region from this nuclear facility. Each year that the plant is offline is said to cost $300 million. The price tag on this little cracking problem so far–not counting the actual costs of the repair–is $670 million.

Who will pay that bill? Well, if you live in Florida, the answer is: you:

Customers will pay $140 million next year so Progress Energy Florida can buy electricity from other sources while a nuclear plant remains shut down for repairs.

Consumer advocates opposed the power replacement charge, which will take effect Jan. 1, but it won unanimous approval Tuesday from the five-member Florida Public Service Commission.

The panel’s decision is a prelude to a determination next year whether a portion of the repair costs should be passed on to customers or paid in full by the company’s investors owing to problems that have delayed the work. The Crystal River plant was closed for repairs in 2009 but now isn’t expected to reopen until 2014. That’s about three years later than initially expected.

The repair bill is expected to total $2.5 billion. The utility wants customers to pay $670 million, or about a quarter of that amount.

Interesting how that $670 million exactly mirrors the replacement energy costs through today. Students of the Florida Public Service Commission would probably be skeptical that the bailout will really stop there–remember, Florida residents already pay a surcharge on their utility bills for possible (but in no way guaranteed) future nuclear power construction.

And to say that it’s all about the money would not be pure speculation. As the St. Petersburg Times reports, while the good people at Crystal River failed to notify the NRC (or the Public Service Commission) about their latest troubles in a timely fashion, Progress Energy didn’t dare keep secrets from the US Securities and Exchange Commission. On August 8, the same day it neglected to mention the new cracks in a report to the PSC, Progress filed its annual report to the SEC and stated “additional cracking or delaminations may have occurred or could occur during the repair process.”

Given the many revelations of just how casual SEC enforcement can be, it is disturbing to think a nuclear provider had more to worry about from the SEC than from the NRC, the agency given direct oversight of nuclear plant licensing and safety.

Disturbing, but not surprising. This year has also revealed the cozy relationship between the nuclear industry and the NRC. An AP exposé made that clear over the summer, but one need look no further than the AOL Energy story:

[Nuclear Energy Institute CEO Marvin] Fertel said the industry and NRC are “in very good alignment” on the issues raised by 2011 events. The concern for utilities is the “cumulative impact” of new rules, he said, and making sure they’re ranked so plant staffs attack those with the most safety benefit first and the cost is manageable.

The government and the industry agree–safety must be addressed with an eye toward cost. And the tens of millions of Americans living in the shadow of a nuclear reactor will see just what this means as the watered-down post-Fukushima recommendations are slowly proposed and implemented–with little fully required of plant operators before 2016.

Indeed, the global nuclear industry is proceeding not just as if it is business as usual–when it comes to the United States, manufacturers of nuclear plant components are already betting on a new wave of reactor construction. Over the Thanksgiving weekend, Yomiuri Shimbun reported that Toshiba Corp. is preparing to export turbine equipment to the US.

The turbines are for Toshiba-owned Westinghouse Electric Company-designed AP1000 reactors proposed for sites in Georgia and South Carolina. As previously reported, the AP1000 is a new reactor design–a new design that has not yet officially been approved by the Nuclear Regulatory Commission. Still, the operators of the plants have already started to procure the equipment.

All of which raises the question, how is it that, in an age when credit is so hard to come by, an industry so focused on the bottom line feels secure in moving forward with commitments on a plan that is still officially going through the regulatory pipeline?

The assurances come from the top, and so does the money.

In contrast to pledges to, say, close Guantanamo or give Americans a public health insurance option, when it comes to nuclear power, Barack Obama is as good as his word. In February, Obama pledged $8.33 billion in federal loan guarantees to Southern Co., the operator of Georgia’s Plant Vogtle, the proposed home of two new AP1000 reactors. Again, this pledge came in advance of any approval of the design or licensing of the construction.

So, perhaps the nuclear industry is right to feel their “annus horribilis” is behind them, at least when it comes to their business plans. And with the all-too-common “privatize the profits, socialize the risks” way the utilities are allowed to do business, one might even doubt this last annus was really that horribilis for them at all.

But for the rest of us, the extant and potential problems of nuclear power are not limited to any particular period of time. The dangers of nuclear waste, of course, are measured in tens of thousands of years, the Fukushima crisis is lived by millions every minute, and the natural disasters, “events” and accidents that plague an aging, expensive and insufficiently regulated American nuclear industry are an anytime, anywhere reminder that future cannot be won by repeating the mistakes of the past.

The Party Line – September 30, 2011: No Will, No Way: Nuclear Problems Persist, But US Fails to Seize Fukushima Moment

As September drew to a close, residents of southwest Michigan found themselves taking in a little extra tritium, thanks to their daily habit of breathing (h/t emptywheel). The tritium was courtesy of the 40-year-old Palisades Nuclear Generating Station in Covert Township, which suffered its third “event” (as they are politely called) in less than two months, and was forced to vent an indeterminate amount of radioactive steam.

The reactor at Palisades was forced to scram after an accident caused an electrical arc in a transformer in the DC system that powers “indications and controls“–also known as monitoring devices, meters and safety valves. (Transformer arcs seem to be “in” this season–it was a transformer arc that caused the Calvert Cliffs plant in Maryland to scram during Hurricane Irene.)

While it is nice to see rectors shut themselves down when a vital system goes offline, remember that “turning off” a fission reactor is not like flicking a light switch. Shutting down a reactor is a process, and the faster it is done, the more strain it puts on the reactor and its safety and cooling systems. And even after fission is mitigated, a reactor core generates heat that requires a fully functional cooling system.

Which is kind of an interesting point when considering that Palisades had just been restarted after completing repairs to a breach in the cooling system that was reported to be leaking more than 10 gallons per minute. Prior to that, a “special inspection” was ordered August 9 after a pipe coupling in the plant’s cooling system failed.

(By the way, have no fear, Michiganders, a public affairs representative for the Nuclear Regulatory Commission reassured the public that the concentration of tritium was “far below regulatory releases,” and that “as soon as it goes out, it gets diluted further.” You know, in the air. . . that you breathe.)

News of the Palisades tritium burp came at roughly the same time as a breathless (if a press release can be breathless) announcement from Dominion Resources, the folks responsible for the North Anna nuclear plant, the facility that scrammed after being shaken beyond design specifications by the earthquake centered in nearby Mineral, Virginia:

Our investigation showed the units tripped before the loss of off-site power when multiple reactor sensors detected a slight power reduction in the reactors. . . .

The root cause team determined that this occurred as result of vibration in the reactor or the monitoring devices in the reactors, or both.

Again, good that the reactors scrammed when something registered the quake, but noteworthy again because it was previously believed that the automatic shutdown started as a result of a loss of power–power required to operate the cooling systems, not only for the reactors, but for the spent fuel pools, as well.

While North Anna remains offline as the NRC continues its inspection (and tries to decide what would constitute passing that inspection), and Palisades is also down pending an (another) investigation, both serve as only the latest in a long string of examples in what could be called The Light Water Paradox: In order to safely generate a steady stream of electricity, a light water reactor needs a steady stream of electricity.

This is not just a perpetual motion machine laugh line. This inherent flaw in the design of LWRs is at the root of two other prominent tales of nuclear safety (or lack thereof).

The first, of course, is the ongoing, ever-metastasizing disaster in Japan, where failures in the cooling systems at Fukushima Daiichi following a massive earthquake and tsunami resulted in hydrogen explosions, core meltdowns, and, likely, melt-throughs that contaminated and continue to poison sizable portions of the country and surrounding sea.

The second story concerns the proposal for the construction of two new reactors at Plant Vogtle, a nuclear power facility near Augusta, Georgia.

The Vogtle reactors would be the first to be built in the US in a generation, and they have come under some additional scrutiny in part because they would be the first of a new-design LWR called the AP1000. A riff on previous Toshiba/Westinghouse pressurized water reactors, the AP1000’s most noticeable “innovations” are meant to address the active cooling paradox. First, it has emergency “dump tanks,” reservoirs of water situated above the reactor that could, in an emergency, empty into the reactor via gravity, providing up to 72 hours of “passive” cooling. Second, rather than housing the core in a reinforced concrete shell with a metal liner, the AP1000 would have an all-steel containment vessel which would, in theory, be able to expel heat through convection.

While these two design features both highlight and attempt to address a dangerous flaw that is a part of every other nuclear facility in the United States–that water has to be actively cycled through a reactor core to keep it from melting–the design still predates the Fukushima quake, and fails to truly incorporate the lessons of that disaster.

The massive March 11 earthquake shutdown power to the Fukushima Daiichi plant, and thus the cooling systems, and the tsunami that followed flooded the diesel-powered backup generators, but that was only part of the problem. Investigations now show that even if Fukushima had in some way managed to maintain power, the cooling system would still likely have failed for at least some (and likely all) of the reactors, and (and this is important) for the spent fuel pools, as well. That is because the quake not only caused a loss of power, it also caused numerous breaches in the cooling system. Cracks in the containment vessel, broken pipes, and dislodged couplings would have likely resulted in a calamitous drop in water levels, even with full power. Less than successful attempts to restore the cooling systems with new, external power sources, and the large amounts of contaminated water that continue to pour from the plant, have demonstrated just how severely the physical infrastructure was damaged.

There are additional concerns about the design of the AP1000 (possible corrosion of the all-metal containment vessel and less than rigorous computer modeling of seismic tolerances, for instance), but, in a post-Fukushima world, simply addressing the active/passive cooling problem (and only doing so for the reactor and not the spent fuel pools) does not promise a safe nuclear facility.

And there is, perhaps, a hint that at least one of the members of the NRC understands this:

The chairman of the U.S. Nuclear Regulatory Commission says the agency may need to incorporate its findings about a nuclear disaster in Japan into a license to build a new nuclear plant in Georgia.

NRC Chairman Gregory Jaczko said Wednesday [September 28] he believes the license to build two more reactors at Plant Vogtle near Augusta should include conditions that reflect the findings of a review of this year’s disaster at the Fukushima Dai-ichi plant.

While it is true that “may” and “should” are not “will” and “must,” and it is also the case that the Fukushima taskforce recommendations themselves do not fully address the problem outlined here, Chairman Jaczko’s comments do make the point that there are indeed lessons to be learned from the Japanese crisis, and right now, in the US, that education has not taken place.

The chairman and his fellow commissioners have wrestled all summer with the pace of post-Fukushima reform. Jaczko has argued for what in NRC terms is considered a speedy consideration of the new safety regime, but a majority of the panel has managed to slow the process down to a point where no new regulations will likely be in place by the time the NRC is required to rule on the Vogtle permits.

But, because the Vogtle hearings have revealed the Chairman’s understanding of at least some of the problems, it also reveals an obvious path for Jaczko and those (such as Senator Barbara Boxer (D-CA)) who would also want any new construction or operating permits to only be approved under guidelines drafted in response to the Fukushima disaster. If the industry–and the commissioners most friendly to it–wants to move quickly ahead on new construction and the relicensing of 40-year-old plants, then it should be required that they move quickly on adopting the Fukushima taskforce recommendations. No new safety rules, no new permits–the political calculus should be that simple.

And, if the NRC won’t do the political math, then it should be up to elected government to run the financial numbers.

Building the new Vogtle reactors is projected to cost $14.8 billion. That’s projected–the existing Vogtle plant went over budget by a factor of 14. But even if the new reactors stay on budget, there is still no way they would get built without help from the Federal Government. To that end, the Obama administration okayed an $8.33 billion loan guarantee for The Southern Company, owners of Plant Vogtle, contingent on the NRC’s approval of the plans. (By way of comparison, that is 16 times the size of the loan given to the now-defunct solar technology company Solyndra.) While there are a myriad of reasons why that and other such guarantees should never be proffered, at minimum, the federal government should now freeze the financial backing for new construction until the NRC passes–and industry adopts–an enhanced safety regime.

This wouldn’t be a one-shot power play. Hot on the heals of Vogtle, the V.C. Summer nuclear facility in South Carolina is also looking to add two new AP1000 reactors, and its permit process is also underway. And financial markets understand what a bad bet that project is, too. Summer is also owned by Southern, but it is operated by SCANA. Moody’s, the bond-rating agency, just downgraded SCANA’s debt to one notch above “junk” status, citing the cost of the proposed new reactors.

Meanwhile, the Commonwealth of Virginia has handed over $7 million in precious state funds to North Carolina’s Babcock & Wilcox to open a prototype of a small modular reactor (SMR) in the town of Forest, near Lynchburg. The SMR is small, indeed–160 megawatts (in contrast to the 1,800 megawatt capability of Virginia’s North Anna plant)–and it’s built entirely underground, supposedly enhancing its safety when faced with a potential terrorist attack. How it will provide greater protection from an earthquake or flood seems (at best) less obvious.

Yet, with all of this action, all of these new designs, all of this lobbying, and all of this (as “serious” people repeatedly caution) scarce government money, still no one is addressing another part of the nuclear equation: spent fuel. With Yucca Mountain now (supposedly) abandoned, the United States has no long-term plan for handling the already large and ever-growing problem of dangerous spent nuclear fuel. Right now, each nuclear facility stores its used fuel in either pools, dry casks, or both. The spent fuel pools require an active cooling system, which faces most of the same problems inherent in reactor cooling. Dry casks–used for fuel that is cool enough to remove from the pools–are considered safer, but they are far from “safe.” They are above ground, emit some radiation, and are theoretically vulnerable to terrorist attack (and the casks at North Anna moved and sustained “cosmetic” cracks in the August earthquake). In many US plants, both pools and casks are already filled to capacity. Expanding the number of nuclear reactors only accelerates the storage crisis.

And it must be reiterated, all of this activity comes a mere six months after the start of the Fukushima disaster. The latest announcement from the Japanese government–that they will relax the evacuation order for more than 100,000 residents even though their towns have not yet been decontaminated–says nothing about an easing of the emergency, and everything about a government that frankly just doesn’t know what else to do. The United States, though obviously larger, has reactors near enough to densely populated areas that a nuclear accident would make Japan’s evacuation problem seem like a rush hour fender bender. And the US government’s plan to deal with a nuclear disaster is no more impressive than Japan’s.

The saddest part, of course, is that it needn’t be that way. Beyond the political and financial tools proposed above, the NRC actually already has the power to demand the nuclear industry own up to the new seismic reality. When Westinghouse Electric came before the commission in May, it was ordered to fix its seismic calculations. Though Westinghouse grumbled, it did not question the NRC’s authority to rule on seismic concerns.

David Lochbaum, director of the Nuclear Safety Project at the Union of Concerned Scientists, agrees that the NRC has all the authority it needs:

Nuclear regulators already have “sufficient information and knowledge” to deal with earthquake risks at existing U.S. reactors and don’t need to wait for a broader review, a safety advocate said.

The Nuclear Regulatory Commission developed seismic rules for new plants in 1996 and has since approved preliminary construction for proposed nuclear units at a Southern Co. plant in Georgia and certified an early reactor design by Toshiba Corp.’s Westinghouse Electric unit, according to comments filed with the agency today by David Lochbaum. . . .

“If the NRC truly lacks sufficient information about seismic hazards and how safety at nuclear power reactors is affected, then the agency cannot responsibly have issued early site permits and certified new reactor designs,” he said.

Of course, having the authority and exercising it are not the same thing, but just as the NRC is not truly handcuffed by the fight over the Fukushima taskforce recommendations, the entire country need not be shackled to such a flawed, dangerous and expensive energy source as nuclear. The US government has demonstrated that it has the authority to make decisions on energy sources, and it has shown that it actually has the money to invest–big money. Of course, be it the NRC, Congress or President Obama, when it comes to moving beyond nuclear to demonstrably safer and truly renewable sources, what the US has not shown is the will.

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Correction: Last week’s post included the wrong location for the Seabrook nuclear plant; Seabrook is in New Hampshire. Apologies and thanks to the readers that spotted the error.