The Flood Next Time

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

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


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

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

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

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

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

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

* * *

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

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

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

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

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

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

* * *

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

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

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

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

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

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

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

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

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

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

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

* * *

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

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

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

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

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

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

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

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

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

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

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

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

* * *

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

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

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

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

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

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

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

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

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

* * *

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

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

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

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

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

* * *

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

* * *

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

* * *

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

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

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

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

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

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

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

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

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.

Nuclear Regulatory Commission Ignores Fukushima, Green-Lights First New Reactors in 34 Years

Current containment buildings and cooling towers at the Vogtle Electric Generating Plant in Burke County, GA. (photo: NRC)

The Nuclear Regulatory Commission has granted a construction and operating license to Southern Co. for two reactors to be added to its Plant Vogtle facility in Georgia. The OK is the first granted by the US regulator since 1978.

The NRC approved the license over the objections of its chairman, Gregory Jaczko, who wanted the license to stipulate that the units would meet new standards recommended by the agency’s Fukushima Near-Term Task Force (NTTF) report:

“I think this license needed something that ensured that the changes as a result of Fukushima would be implemented,” Jaczko said in an interview after the vote. “It’s like when you go to buy a house and the home inspector identifies things that should be fixed. You don’t go to closing before those things are fixed.”

The NTTF recommendations, geared toward improving safety and preventing another disaster like the one still evolving at Japan’s Fukushima Daiichi nuclear power facility, have still not become official government rules–some are projected to take up to five years to draft and implement–and so, for now, the new reactor construction will get to pretend the Tohoku quake and tsunami, and the resulting core meltdowns and widespread radioactive contamination, never happened.

The Vogtle reactors are of a new (or, let’s call it “new-ish”) design. The AP1000 reactor was just approved by the NRC in December, over the objections of numerous scientists and engineers, who saw claims of innovation insufficient to counter the dangers native to any Pressurized Water Reactor (PWR) design. Upon examination, many of the “improvements” to the AP1000 look more like ways to cut construction costs. Even so, a single new AP1000 is expected to cost anywhere from $8 billion to $14 billion dollars–and, it should be noted, no US nuclear facility has ever come in anywhere close to on time or on budget. The US government has already pledged over $8 billion in federal loan guarantees to cover construction of the Georgia reactors, since without the government backstop, no private financial institutions will invest in such a high-cost, high-risk project. Southern Co. has already spent $4 billion preparing the Vogtle site for the anticipated new construction.

“I cannot support this licensing as if Fukushima never happened,” said Gregory Jaczko after the Thursday vote–but thanks to the four other commissioners of his captured agency, licensing as if Fukushima never happened is exactly what the NRC did.

You Could Even Say It Glows: NRC Votes to Fast-Track a More Dangerous Nuclear Future

To paraphrase the United States Nuclear Regulatory Commission, Merry Effin’ Christmas.

In a news dump that came a day early (because who really wants to dump on Christmas-Eve Eve?), the Nuclear Regulatory Commission made a pair of moves Thursday that could have significant consequences for America’s nuclear industry–and all the people who have to live with it.

First, the Westinghouse AP1000 reactor design got the big thumbs up:

The Nuclear Regulatory Commission unanimously approved a radical new reactor design on Thursday, clearing away a major obstacle for two utilities to begin construction on projects in South Carolina and Georgia.

Whoa–let’s stop it there for a sec. . . . A “radical new reactor design?” Somebody’s being a good little scribe this Christmas. As previously discussed, there is nothing radical about the AP1000–it’s a tweak on the generations-old pressurized water reactor design that theoretically would allow the core to avoid a meltdown in the event of a total loss of AC power. . . .

Well, for 72 hours, anyway.

After that, the manufacturer–in reality the Japanese owner of Westinghouse, Toshiba–says something about it taking only “minimal operator effort” to avert disaster.

Keep in mind that the AP1000 was designed well before the Japanese earthquake and tsunami that started the ongoing Fukushima disaster, but this approval, of course, comes well after.

Designers of the AP1000 assert that gravity and convection will serve to keep reactor cooling functioning even if systems are disabled as they were at Fukushima. That assertion is predicated on the storyline that the Daiichi plant’s safety systems survived the massive quake, and only ran into trouble when the tsunami flooded and disabled the diesel backup generators that powered cooling systems for the reactors and the spent fuel pools.

That is a capricious assertion for two very disturbing reasons:

First, it is by no means established fact that Fukushima’s cooling systems survived the earthquake undamaged. Reports from the Japanese government and TEPCO, Fukushima Daiichi’s owner-operator, have gone back and forth on this matter. It would be naturally beneficial to nuclear advocates to go with the story that the quake did nothing to the reactor and its safety systems. But given the visible damage to the plant and the surrounding area, and given the profound leaking of cooling water that has continued seemingly unabated from the earliest days of the disaster, it is hard to believe all pipes, tubes, couplings, fittings, vents and valves–not to mention the containment vessels and tanks themselves–remained watertight after the massive temblor.

Second, the earthquake worthiness of the AP1000, itself, has been officially questioned by senior NRC officials and Rep. Ed Markey (D-MA), the Ranking Member of the House committee charged with overseeing nuclear regulation:

Just days before the earthquake in Japan, Rep. Markey wrote a letter to the NRC urging the Commission not to approve the Westinghouse AP1000 design until serious safety concerns were addressed. One of NRC’s longest-serving staff, Dr. John Ma, had warned in NRC documents that the reactor’s containment could shatter “like a glass cup” due to flaws in the design of the shield building if impacted by an earthquake or commercial aircraft. The shield building has the critical safety function of preventing damage to the reactor that could cause fuel meltdowns and radiation releases.

Note, Dr. Ma has been with the NRC since its inception, and this was the first non-concurrence dissent of his career. The NRC acknowledged this concern and asked Westinghouse for a response. . . and the response was, essentially, “nah-ah.” A response that has now proven good enough for the agency tasked with assuring the safety of America’s nuclear reactors.

So, it theoretically would be great if the AP1000 were able to survive without melting down through three days without electrical power–though it should be noted that three days wouldn’t have really saved Fukushima’s bacon (even if it had remained intact) given the devastation to the region’s infrastructure. But that semi-sunny selling point on the AP1000 assumes that there would still be a reactor containment building to cool.

It is the kind of “what could possibly go wrong” assumption that has tripped up nuclear power generation in large and small ways throughout its history–and it is stunning that, especially in the wake of the Japanese crisis, this cavalier attitude continues.

But perhaps it is not so surprising when we consider just why the AP1000 has such a novel/brittle containment building: it is supposedly cheaper to build.

The AP1000 is slated to have a smaller footprint with fewer components, but still use off-the-shelf, previous-generation parts. Most notably, the design uses under a fifth the amount of concrete and rebar, compared with existing PWRs.

Not convinced that economics is the real driving force behind this “innovation?” Take a look at the other action the NRC announced Thursday:

In an unusual step, the commission waived the usual 30-day waiting period before its approval becomes official, so its decision will be effective in about a week. That moves the utilities closer to the point where they can start pouring concrete for safety-related parts of the plant.

The decision also moves the industry toward the first test of a streamlined procedure in which the commission will issue a combined construction and operating license. Up to now reactors had to obtain a construction license and then undergo a long wait for an operating license, resulting in expensive delays in starting up reactors that had essentially been completed.

The approval of a shaky design is disturbing, but the approval of a process that will allow that design to move to completion and operation with far fewer pauses to test safety is unconscionable. (And the fact that this happening because of bottom-line concerns is criminal.) As the distinguished gentleman from Massachusetts put it:

“Today, the NRC has presented its holiday gifts to the nuclear industry,” said Rep. Markey, top Democrat on the House Natural Resources Committee and a senior member of the House Energy and Commerce Committee. “Instead of doing all they should to protect nuclear reactors against seismically-induced ground acceleration, these Commissioners voted to approve the acceleration of reactor construction. While they continue to slow walk the implementation of recommendations of the NRC professional staff’s Near-Term Task Force on Fukushima, they have fast-tracked construction of a reactor whose shield building could ‘shatter like a glass cup’ if impacted by an earthquake or other natural or man-made impact.”

And it is important to mention that the approval of this accelerated process came over the objections of NRC Chairman Gregory Jaczko–who just last week faced both House and Senate panels questioning his leadership style–but the certification of the AP1000 design did not. In fact, at the same time news of the Jaczko witch hunt was blocking out the sun, the NRC chair was actually working with other commissioners–the ones who sent a letter to the White House saying Jaczko was impossible to work with–to secure the unanimous OK for the new reactor.

It is not the first time those wary of a nuclear renaissance had been presented with the dilemma of both praising and cursing Jaczko. In fact, just last week, on December 15, Jaczko was the only vote in support of a move to make all recommendations of the post-Fukushima Near-Term Task Force report mandatory for the “adequate protection” of nuclear power plants. The four other NRC commissioners asserted that it was “premature” to make such a rule–and so Fukushima’s lessons continue to go unlearned, over Jaczko’s protestations and lonely protest vote.

But it is just this sort of nightmare-inducing nuclear mollycoddling that should convince Jaczko that the process he has often praised is deeply flawed. He cannot advocate for new safety rules one week and then grant license to the industry that works so hard against those rules the next. Not if he really wants change; not if he really cares about public safety.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

NRC, nuclear

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

. . . .

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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